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PART 80 - REGULATION OF FUELS AND FUEL ADDITIVES
Authority:

42 U.S.C. 7414, 7521, 7542, 7545, and 7601(a).

Source:

38 FR 1255, Jan. 10, 1973, unless otherwise noted.

Subpart A - General Provisions
§ 80.1 Scope.

(a) This part prescribes regulations for the renewable fuel program under the Clean Air Act section 211(o) (42 U.S.C. 7545(o)).

(b) This part also prescribes regulations for the labeling of fuel dispensing systems for oxygenated gasoline at retail under the Clean Air Act section 211(m)(4) (42 U.S.C. 7545(m)(4)).

(c) Nothing in this part is intended to preempt the ability of state or local governments to control or prohibit any fuel or fuel additive for use in motor vehicles and motor vehicle engines which is not explicitly regulated by this part.

[85 FR 78465, Dec. 4, 2020]

§ 80.2 Definitions.

Definitions apply in this part as described in this section.

Administrator means the Administrator of the Environmental Protection Agency.

Carrier means any distributor who transports or stores or causes the transportation or storage of gasoline or diesel fuel without taking title to or otherwise having any ownership of the gasoline or diesel fuel, and without altering either the quality or quantity of the gasoline or diesel fuel.

Category 3 (C3) marine vessels, for the purposes of this part 80, are vessels that are propelled by engines meeting the definition of “Category 3” in 40 CFR 1042.901.

CBOB means gasoline blendstock that could become conventional gasoline solely upon the addition of oxygenate.

Control area means a geographic area in which only oxygenated gasoline under the oxygenated gasoline program may be sold or dispensed, with boundaries determined by Clean Air Act section 211(m) (42 U.S.C. 7545(m)).

Control period means the period during which oxygenated gasoline must be sold or dispensed in any control area, pursuant to Clean Air Act section 211(m)(2) (42 U.S.C. 7545(m)(2)).

Conventional gasoline or CG means any gasoline that has been certified under 40 CFR 1090.1000(b) and is not RFG.

Diesel fuel means any fuel sold in any State or Territory of the United States and suitable for use in diesel engines, and that is one of the following:

(1) A distillate fuel commonly or commercially known or sold as No. 1 diesel fuel or No. 2 diesel fuel;

(2) A non-distillate fuel other than residual fuel with comparable physical and chemical properties (e.g., biodiesel fuel); or

(3) A mixture of fuels meeting the criteria of paragraphs (1) and (2) of this definition.

Distillate fuel means diesel fuel and other petroleum fuels that can be used in engines that are designed for diesel fuel. For example, jet fuel, heating oil, kerosene, No. 4 fuel, DMX, DMA, DMB, and DMC are distillate fuels; and natural gas, LPG, gasoline, and residual fuel are not distillate fuels. Blends containing residual fuel may be distillate fuels.

Distributor means any person who transports or stores or causes the transportation or storage of gasoline or diesel fuel at any point between any gasoline or diesel fuel refinery or importer's facility and any retail outlet or wholesale purchaser-consumer's facility.

ECA marine fuel is diesel, distillate, or residual fuel that meets the criteria of paragraph (1) of this definition, but not the criteria of paragraph (2) of this definition.

(1) All diesel, distillate, or residual fuel used, intended for use, or made available for use in Category 3 marine vessels while the vessels are operating within an Emission Control Area (ECA), or an ECA associated area, is ECA marine fuel, unless it meets the criteria of paragraph (2) of this definition.

(2) ECA marine fuel does not include any of the following fuel:

(i) Fuel used by exempted or excluded vessels (such as exempted steamships), or fuel used by vessels allowed by the U.S. government pursuant to MARPOL Annex VI Regulation 3 or Regulation 4 to exceed the fuel sulfur limits while operating in an ECA or an ECA associated area (see 33 U.S.C. 1903).

(ii) Fuel that conforms fully to the requirements of this part for MVNRLM diesel fuel (including being designated as MVNRLM).

(iii) Fuel used, or made available for use, in any diesel engines not installed on a Category 3 marine vessel.

Gasoline means any fuel sold in any State[1] for use in motor vehicles and motor vehicle engines, and commonly or commercially known or sold as gasoline.

Gasoline blendstock or component means any liquid compound that is blended with other liquid compounds to produce gasoline.

Gasoline blendstock for oxygenate blending or BOB has the meaning given in 40 CFR 1090.80.

Gasoline treated as blendstock or GTAB means imported gasoline that is excluded from an import facility's compliance calculations, but is treated as blendstock in a related refinery that includes the GTAB in its refinery compliance calculations.

Heating oil means any No. 1, No. 2, or non-petroleum diesel blend that is sold for use in furnaces, boilers, and similar applications and which is commonly or commercially known or sold as heating oil, fuel oil, and similar trade names, and that is not jet fuel, kerosene, or MVNRLM diesel fuel.

Importer means a person who imports gasoline, gasoline blendstocks or components, or diesel fuel 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).

Jet fuel means any distillate fuel used, intended for use, or made available for use in aircraft.

Kerosene means any No.1 distillate fuel commonly or commercially sold as kerosene.

Liquefied petroleum gas or LPG means a liquid hydrocarbon fuel that is stored under pressure and is composed primarily of species that are gases at atmospheric conditions (temperature = 25 °C and pressure = 1 atm), excluding natural gas.

Locomotive engine means an engine used in a locomotive as defined under 40 CFR 92.2.

Marine engine has the meaning given in 40 CFR 1042.901.

MVNRLM diesel fuel means any diesel fuel or other distillate fuel that is used, intended for use, or made available for use in motor vehicles or motor vehicle engines, or as a fuel in any nonroad diesel engines, including locomotive and marine diesel engines, except the following: Distillate fuel with a T90 at or above 700 °F that is used only in Category 2 and 3 marine engines is not MVNRLM diesel fuel, and ECA marine fuel is not MVNRLM diesel fuel (note that fuel that conforms to the requirements of MVNRLM diesel fuel is excluded from the definition of “ECA marine fuel” in this section without regard to its actual use). Use the distillation test method specified in 40 CFR 1065.1010 to determine the T90 of the fuel.

(1) Any diesel fuel that is sold for use in stationary engines that are required to meet the requirements of 40 CFR 1090.300, when such provisions are applicable to nonroad engines, is considered MVNRLM diesel fuel.

(2) [Reserved]

Natural gas means a fuel whose primary constituent is methane.

Non-petroleum diesel means a diesel fuel that contains at least 80 percent mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats.

Nonroad diesel engine means an engine that is designed to operate with diesel fuel that meets the definition of nonroad engine in 40 CFR 1068.30, including locomotive and marine diesel engines.

Oxygenate means any substance which, when added to gasoline, increases the oxygen content of that gasoline. Lawful use of any of the substances or any combination of these substances requires that they be “substantially similar” under section 211(f)(1) of the Clean Air Act (42 U.S.C. 7545(f)(1)), or be permitted under a waiver granted by the Administrator under the authority of section 211(f)(4) of the Clean Air Act (42 U.S.C. 7545(f)(4)).

Oxygenated gasoline means gasoline which contains a measurable amount of oxygenate.

Refiner means any person who owns, leases, operates, controls, or supervises a refinery.

Refinery means any facility, including but not limited to, a plant, tanker truck, or vessel where gasoline or diesel fuel is produced, including any facility at which blendstocks are combined to produce gasoline or diesel fuel, or at which blendstock is added to gasoline or diesel fuel.

Reformulated gasoline or RFG means any gasoline whose formulation has been certified under 40 CFR 1090.1000(b), and which meets each of the standards and requirements prescribed under 40 CFR 1090.220.

Reformulated gasoline blendstock for oxygenate blending, or RBOB means a petroleum product that, when blended with a specified type and percentage of oxygenate, meets the definition of reformulated gasoline, and to which the specified type and percentage of oxygenate is added other than by the refiner or importer of the RBOB at the refinery or import facility where the RBOB is produced or imported.

Residual fuel means a petroleum fuel that can only be used in diesel engines if it is preheated before injection. For example, No. 5 fuels, No. 6 fuels, and RM grade marine fuels are residual fuels. Note: Residual fuels do not necessarily require heating for storage or pumping.

Retail outlet means any establishment at which gasoline, diesel fuel, natural gas or liquefied petroleum gas is sold or offered for sale for use in motor vehicles or nonroad engines, including locomotive or marine engines.

Retailer means any person who owns, leases, operates, controls, or supervises a retail outlet.

Wholesale purchaser-consumer means any person that is an ultimate consumer of gasoline, diesel fuel, natural gas, or liquefied petroleum gas and which purchases or obtains gasoline, diesel fuel, natural gas or liquefied petroleum gas from a supplier for use in motor vehicles or nonroad engines, including locomotive or marine engines and, in the case of gasoline, diesel fuel, or liquefied petroleum gas, receives delivery of that product into a storage tank of at least 550-gallon capacity substantially under the control of that person.

[85 FR 78465, Dec. 4, 2020]

§ 80.3 Test methods.

The lead and phosphorus content of gasoline shall be determined in accordance with test methods set forth in the appendices to this part.

[47 FR 765, Jan. 7, 1982]

§ 80.4 Right of entry; tests and inspections.

The Administrator or his authorized representative, upon presentation of appropriate credentials, shall have a right to enter upon or through any refinery, retail outlet, wholesale purchaser-consumer facility, or detergent manufacturer facility; or the premises or property of any gasoline or detergent distributor, carrier, or importer; or any place where gasoline or detergent is stored; and shall have the right to make inspections, take samples, obtain information and records, and conduct tests to determine compliance with the requirements of this part.

[61 FR 35356, July 5, 1996]

§ 80.5 Penalties.

Any person who violates these regulations shall be liable to the United States for a civil penalty of not more than the sum of $25,000 for every day of such violation and the amount of economic benefit or savings resulting from the violation. Any violation with respect to a regulation proscribed under section 211(c), (k), (l) or (m) of the Act which establishes a regulatory standard based upon a multi-day averaging period shall constitute a separate day of violation for each and every day in the averaging period. Civil penalties shall be assessed in accordance with section 205(b) and (c) of the Act.

[58 FR 65554, Dec. 15, 1993]

§ 80.7 Requests for information.

(a) When the Administrator, the Regional Administrator, or their delegates have reason to believe that a violation of section 211(c) or section 211(n) of the Act and the regulations thereunder has occurred, they may require any refiner, distributor, wholesale purchaser-consumer, or retailer to report the following information regarding receipt, transfer, delivery, or sale of gasoline represented to be unleaded gasoline and to allow the reproduction of such information at all reasonable times.

(1) For any bulk shipment of gasoline represented to be unleaded gasoline which is transferred, sold, or delivered within the previous 6 months by a refiner or a distributor to a distributor, wholesale purchaser-consumer or a retail outlet, the refiner or distributor shall maintain and provide the following information as applicable:

(i) Business or corporate name and address of distributors, wholesale purchaser-consumers or retail outlets to which the gasoline has been transferred, sold, or delivered.

(ii) Quantity of gasoline involved.

(iii) Date of delivery.

(iv) Storage location of gasoline prior to transit via delivery vessel (e.g., location of a bulk terminal).

(v) Business or corporate name and address of the person who delivered the gasoline.

(vi) Identification of delivery vessel (e.g., truck number). This information shall be supplied by the person in paragraph (a)(1)(v) of this section who performed the delivery, e.g., common or contract carrier.

(2) For any bulk shipment of gasoline represented to be unleaded gasoline received by a retail outlet or a wholesale-purchaser-consumer facility within the previous 6 months, whether by purchase or otherwise, the retailer or wholesale purchaser-consumer shall maintain accessibility to and provide the following information:

(i) Business or corporate name and address of the distributor.

(ii) Quantity of gasoline received.

(iii) Date of receipt.

(b) Upon request by the Administrator, the Regional Administrator, or their delegates, any retailer shall provide documentation of his annual total sales volume in gallons of gasoline for each retail outlet for each calendar year beginning with 1971.

(c) Any refiner, distributor, wholesale purchaser-consumer, retailer, or importer shall provide such other information as the Administrator or his authorized representative may reasonably require to enable him to determine whether such refiner, distributor, wholesale purchaser-consumer, retailer, or importer has acted or is acting in compliance with sections 211(c) and 211(n) of the Act and the regulations thereunder and shall, upon request of the Administrator or his authorized representative, produce and allow reproduction of any relevant records at all reasonable times. Such information may include but is not limited to records of unleaded gasoline inventory at a wholesale purchaser-consumer facility or a retail outlet, unleaded pump meter readings at a wholesale purchaser-consumer facility or a retail outlet, and receipts providing the date of acquisition of signs, labels, and nozzles required by 40 CFR 1090.1550. No person shall be required to furnish information requested under this paragraph if he can establish that such information is not maintained in the normal course of his business.

[40 FR 36336, Aug. 20, 1975, as amended at 42 FR 45307, Sept. 9, 1977; 47 FR 49332, Oct. 29, 1982; 61 FR 3837, Feb. 2, 1996; 85 FR 78467, Dec. 4, 2020]

§ 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.

(a) Manual sampling. Manual sampling of tanks and pipelines shall be performed according to the applicable procedures specified in ASTM D4057.

(b) Automatic sampling. Automatic sampling of petroleum products in pipelines shall be performed according to the applicable procedures specified in ASTM D4177.

(c) Sampling and sample handling for volatility measurement. Samples to be analyzed for Reid Vapor Pressure (RVP) shall be collected and handled according to the applicable procedures specified in ASTM D5842.

(d) Sample compositing. Composite samples shall be prepared using the applicable procedures specified in ASTM D5854.

(e) Materials incorporated by reference. The published materials identified in this section are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, a document must be published in the Federal Register and the material must be available to the public. All approved materials are available for inspection at the Air and Radiation Docket and Information Center (Air Docket) in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742. These approved materials are also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials are available from the sources listed below.

(1) ASTM International material. The following standards are available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://www.astm.org:

(i) ASTM D4057-12, Standard Practice for Manual Sampling of Petroleum and Petroleum Products, approved December 1, 2012 (“ASTM D4057”).

(ii) ASTM D4177-95 (Reapproved 2010), Standard Practice for Automatic Sampling of Petroleum and Petroleum Products, approved May 1, 2010 (“ASTM D4177”).

(iii) ASTM D5842-14, Standard Practice for Sampling and Handling of Fuels for Volatility Measurement, approved January 15, 2014 (“ASTM D5842”).

(iv) ASTM D5854-96 (Reapproved 2010), Standard Practice for Mixing and Handling of Liquid Samples of Petroleum and Petroleum Products, approved May 1, 2010 (“ASTM D5854”).

(2) [Reserved]

[79 FR 23631, Apr. 28, 2014, as amended at 80 FR 9090, Feb. 19, 2015]

§ 80.9 Rounding a test result for determining conformance with a fuels standard.

(a) For purposes of determining compliance with the fuel standards of 40 CFR part 80, a test result will be rounded to the nearest unit of significant digits specified in the applicable fuel standard in accordance with the rounding method described in the ASTM standard practice, ASTM E 29-02e1, entitled, “Standard Practice for Using Significant Digits in Test Data to Determine Conformance with Specifications”.

(b) ASTM standard practice, E 29-02e1 is incorporated by reference. This incorporation by reference was approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy may be obtained from the American Society for Testing and Materials, 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959. Copies may be inspected at the Air Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC, or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030 or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.

[71 FR 16499, Apr. 3, 2006]

§ 80.10 Addresses.

(a) For submitting notifications, applications, petitions, or other communications with EPA, use one of the following addresses for mailing:

(1) For U.S. Mail: Attn: [TITLE AS DIRECTED], U.S. Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Mail Code 6405A, Washington, DC 20460.

(2) For commercial service: Attn: [TITLE AS DIRECTED], U.S. Environmental Protection Agency, William Jefferson Clinton Building North, Mail Code 6405A, Room 6520V, 1200 Pennsylvania Ave. NW, Washington, DC 20004; Phone: 1-800-385-6164.

(b) [Reserved]

[85 FR 7070, Feb. 6, 2020]

Subpart B - Controls and Prohibitions
§§ 80.20-80.21 [Reserved]
§ 80.22 Controls and prohibitions.

(a) After December 31, 1995, no person shall sell, offer for sale, supply, offer for supply, dispense, transport, or introduce into commerce gasoline represented to be unleaded gasoline unless such gasoline meets the defined requirements for unleaded gasoline in § 80.2(g); nor shall he dispense, or cause or allow the gasoline other than unleaded gasoline to be dispensed into any motor vehicle which is equipped with a gasoline tank filler inlet which is designed for the introduction of unleaded gasoline.

(b) After December 31, 1995, no person shall sell, offer for sale, supply, offer for supply, dispense, transport, or introduce into commerce for use as fuel in any motor vehicle (as defined in Section 216(2) of the Clean Air Act, 42 U.S.C. 7550(2)), any gasoline which is produced with the use of lead additives or which contains more than 0.05 gram of lead per gallon.

(c-e) [Reserved]

(f) Every retailer and wholesale purchaser-consumer shall equip all gasoline pumps from which gasoline is dispensed into motor vehicles with a nozzle spout that meets all the following specifications:

(1) The outside diameter of the terminal end shall not be greater than 0.840 inches (2.134 centimeters).

(2) The terminal end shall have a straight section of at least 2.5 inches (6.34 centimeters).

(3) The retaining spring shall terminate at least 3.0 inches (7.6 centimeters) from the terminal end.

(g) The specifications in this paragraph (g) apply for any new nozzle installations used primarily for dispensing gasoline into marine vessels beginning January 1, 2009. (Note that nozzles meeting the specifications of this paragraph (g) also meet the specifications of paragraph (f) of this section. Note also that the additional specifications in this paragraph (g) do not apply for nozzles used primarily for dispensing gasoline into motor vehicles rather than marine vessels.) Every retailer and wholesale purchaser-consumer shall use nozzles meeting these specifications for any new construction or for nozzle replacements. This does not require replacement of existing nozzles for refueling marine vessels before they would be replaced for other reasons. The following specifications apply to spouts on new or replacement nozzles intended for dispensing gasoline into marine vessels:

(1) The outside diameter of the terminal end shall have a diameter of 0.824 ±0.017 inches (2.093 ±0.043 centimeters).

(2) The spout shall include an aspirator hole for automatic shutoff positioned with a center that is 0.67 ±0.05 inches (1.70 ±0.13 centimeters) from the terminal end of the spout.

(3) The terminal end shall have a straight section of at least 2.5 inches (6.34 centimeters) with no holes or grooves other than the aspirator hole.

(4) The retaining spring (if applicable) shall terminate at least 3.0 inches (7.6 centimeters) from the terminal end.

(h-i) [Reserved]

(j) After July 1, 1996 every retailer and wholesale purchaser-consumer handling over 10,000 gallons (37,854 liters) of fuel per month shall limit each nozzle from which gasoline or methanol is introduced into motor vehicles to a maximum fuel flow rate not to exceed 10 gallons per minute (37.9 liters per minute). The flow rate may be controlled through any means in the pump/dispenser system, provided the nozzle flow rate does not exceed 10 gallons per minute (37.9 liters per minute). After January 1, 1998 this requirement applies to every retailer and wholesale purchaser-consumer. Any dispensing pump that is dedicated exclusively to heavy-duty vehicles, boats, or airplanes is exempt from this requirement.

[38 FR 1255, Jan. 10, 1973, as amended at 39 FR 16125, May 17, 1974; 39 FR 43283, Dec. 12, 1974; 48 FR 4287, Jan. 31, 1983; 56 FR 13768, Apr. 4, 1991; 58 FR 16019, Mar. 24, 1993; 61 FR 3837, Feb. 2, 1996; 61 FR 33039, June 26, 1996; 73 FR 59178, Oct. 8, 2008]

§ 80.23 Liability for violations.

Liability for violations of paragraphs (a) and (b) of § 80.22 shall be determined as follows:

(a)

(1) Where the corporate, trade, or brand name of a gasoline refiner or any of its marketing subsidiaries appears on the pump stand or is displayed at the retail outlet or wholesale purchaser-consumer facility from which the gasoline was sold, dispensed, or offered for sale, the retailer or wholesale purchaser-consumer, the reseller (if any), and such gasoline refiner shall be deemed in violation. Except as provided in paragraph (b)(2) of this section, the refiner shall be deemed in violation irrespective of whether any other refiner, distributor, retailer, or wholesale purchaser-consumer or the employee or agent of any refiner, distributor, retailer, or wholesale purchaser-consumer may have caused or permitted the violation.

(2) Where the corporate, trade, or brand name of a gasoline refiner or any of its marketing subsidiaries does not appear on the pump stand and is not displayed at the retail outlet or wholesale purchaser-consumer facility from which the gasoline was sold, dispensed, or offered for sale, the retailer or wholesale purchaser-consumer and any distributor who sold that person gasoline contained in the storage tank which supplied that pump at the time of the violation shall be deemed in violation.

(b)

(1) In any case in which a retailer or wholesale purchaser-consumer and any gasoline refiner or distributor would be in violation under paragraph (a) (1) or (2) of this section, the retailer or wholesale purchaser-consumer shall not be liable if he can demonstrate that the violation was not caused by him or his employee or agent.

(2) In any case in which a retailer or wholesale purchaser-consumer, a reseller (if any), and any gasoline refiner would be in violation under paragraph (a)(1) of this section, the refiner shall not be deemed in violation if he can demonstrate:

(i) That the violation was not caused by him or his employee or agent, and

(ii) That the violation was caused by an act in violation of law (other than the Act or this part), or an act of sabotage, vandalism, or deliberate commingling of gasoline which is produced with the use of lead additives or phosphorus additives with unleaded gasoline, whether or not such acts are violations of law in the jurisdiction where the violation of the requirements of this part occurred, or

(iii) That the violation was caused by the action of a reseller or a retailer supplied by such reseller, in violation of a contractual undertaking imposed by the refiner on such reseller designed to prevent such action, and despite reasonable efforts by the refiner (such as periodic sampling) to insure compliance with such contractual obligation, or

(iv) That the violation was caused by the action of a retailer who is supplied directly by the refiner (and not by a reseller), in violation of a contractual undertaking imposed by the refiner on such retailer designed to prevent such action, and despite reasonable efforts by the refiner (such as periodic sampling) to insure compliance with such contractual obligation, or

(v) That the violation was caused by the action of a distributor subject to a contract with the refiner for transportation of gasoline from a terminal to a distributor, retailer or wholesale purchaser-consumer, in violation of a contractual undertaking imposed by the refiner on such distributor designed to prevent such action, and despite reasonable efforts by the refiner (such as periodic sampling) to insure compliance with such contractual obligation, or

(vi) That the violation was caused by a distributor (such as a common carrier) not subject to a contract with the refiner but engaged by him for transportation of gasoline from a terminal to a distributor, retailer or wholesale purchaser-consumer, despite reasonable efforts by the refiner (such as specification or inspection of equipment) to prevent such action, or

(vii) That the violation occurred at a wholesale purchaser-consumer facility: Provided, however, That if such wholesale purchaser-consumer was supplied by a reseller, the refiner must demonstrate that the violation could not have been prevented by such reseller's compliance with a contractual undertaking imposed by the refiner on such reseller as provided in paragraph (b)(2)(iii) of this section.

(viii) In paragraphs (b)(2)(ii) through (vi) hereof, the term “was caused” means that the refiner must demonstrate by reasonably specific showings by direct or circumstantial evidence that the violation was caused or must have been caused by another.

(c) In any case in which a retailer or wholesale purchaser-consumer, a reseller, and any gasoline refiner would be in violation under paragraph (a)(1) of this section, the reseller shall not be deemed in violation if he can demonstrate that the violation was not caused by him or his employee or agent.

(d) In any case in which a retailer or wholesale purchaser-consumer and any gasoline distributor would be in violation under paragraph (a)(2) of this section, the distributor will not be deemed in violation if he can demonstrate that the violation was not caused by him or his employee or agent.

(e)

(1) In any case in which a retailer or his employee or agent or a wholesale purchase-consumer or his employee or agent introduced gasoline other than unleaded gasoline into a motor vehicle which is equipped with a gasoline tank filler inlet designed for the introduction of unleaded gasoline, only the retailer or wholesale purchaser-consumer shall be deemed in violation.

(2) [Reserved]

[38 FR 1255, Jan. 10, 1973, as amended at 39 FR 42360, Dec. 5, 1974; 39 FR 43284, Dec. 12, 1974; 42 FR 45307, Sept. 9, 1977; 61 FR 3837, Feb. 2, 1996]

§ 80.24 Controls applicable to motor vehicle manufacturers.

(a) [Reserved]

(b) The manufacturer of any motor vehicle equipped with an emission control device which the Administrator has determined will be significantly impaired by the use of gasoline other than unleaded gasoline shall manufacture such vehicle with each gasoline tank filler inlet having a restriction which prevents the insertion of a nozzle with a spout having a terminal end with an outside diameter of 0.930 inch (2.363 centimeters) or more and allows the insertion of a nozzle with a spout meeting the specifications of § 80.22(f)(2).

(c) A motorcycle, as defined at 40 CFR 86.402 for the applicable model year, is exempt from the requirements of paragraph (b) of this section.

[38 FR 26450, Sept. 21, 1973, as amended at 39 FR 34538, Sept. 26, 1974; 46 FR 50472, Oct. 13, 1981; 48 FR 29692, June 28, 1983; 51 FR 33731, Sept. 22, 1986; 61 FR 3838, Feb. 2, 1996; 61 FR 8221, Mar. 4, 1996; 61 FR 28766, June 6, 1996; 67 FR 36771, May 24, 2002]

§ 80.25 [Reserved]
§ 80.26 Confidentiality of information.

Information obtained by the Administrator or his representatives pursuant to this part shall be treated, in so far as its confidentiality is concerned, in accordance with the provisions of 40 CFR part 2.

[38 FR 33741, Dec. 6, 1973]

§ 80.27 Controls and prohibitions on gasoline volatility.

(a)

(1) Prohibited activities in 1991. During the 1991 regulatory control periods, no refiner, importer, distributor, reseller, carrier, retailer or wholesale purchaser-consumer shall sell, offer for sale, dispense, supply, offer for supply, or transport gasoline whose Reid vapor pressure exceeds the applicable standard. As used in this section and § 80.28, “applicable standard” means the standard listed in this paragraph for the geographical area and time period in which the gasoline is intended to be dispensed to motor vehicles or, if such area and time period cannot be determined, the standard listed in this paragraph that specifies the lowest Reid vapor pressure for the year in which the gasoline is being sampled. As used in this section and § 80.28, “regulatory control periods” mean June 1 to September 15 for retail outlets and wholesale purchaser-consumers and May 1 to September 15 for all other facilities.

Applicable Standards1

State May June July Aug. Sept.
Alabama 10.5 10.5 9.5 9.5 10.5
Arizona:
North of 34 degrees latitude and east of 111 degrees longitude 9.5 9.0 9.0 9.5 9.5
All areas except North of 34 degrees latitude and east of 111 degrees longitude 9.5 9.0 9.0 9.0 9.5
Arkansas 10.5 10.5 9.5 9.5 10.5
California:2
North Coast 10.5 9.5 9.5 9.5 9.5
South Coast 9.5 9.5 9.5 9.5 9.5
Southeast 9.5 9.5 9.5 9.5 9.5
Interior 9.5 9.5 9.5 9.5 9.5
Colorado 10.5 9.5 9.5 9.5 9.5
Connecticut 10.5 10.5 10.5 10.5 10.5
Delaware 10.5 10.5 10.5 10.5 10.5
District of Columbia 10.5 10.5 10.5 10.5 10.5
Florida 10.5 10.5 10.5 10.5 10.5
Georgia 10.5 10.5 9.5 9.5 10.5
Idaho 10.5 10.5 10.5 10.5 10.5
Illinois:
North of 40° Latitude 10.5 10.5 10.5 10.5 10.5
South of 40° Latitude 10.5 10.5 9.5 9.5 10.5
Indiana 10.5 10.5 10.5 10.5 10.5
Iowa 10.5 10.5 10.5 10.5 10.5
Kansas 10.5 10.5 9.5 9.5 10.5
Kentucky 10.5 10.5 10.5 10.5 10.5
Louisiana 10.5 10.5 9.5 9.5 10.5
Maine 10.5 10.5 10.5 10.5 10.5
Maryland 10.5 10.5 10.5 10.5 10.5
Massachusetts 10.5 10.5 10.5 10.5 10.5
Michigan 10.5 10.5 10.5 10.5 10.5
Minnesota 10.5 10.5 10.5 10.5 10.5
Mississippi 10.5 10.5 9.5 9.5 10.5
Missouri 10.5 10.5 9.5 9.5 10.5
Montana 10.5 10.5 10.5 10.5 10.5
Nebraska 10.5 10.5 10.5 10.5 10.5
Nevada:
North of 38° Latitude 10.5 9.5 9.5 9.5 9.5
South of 38° Latitude 9.5 9.5 9.5 9.5 9.5
New Hampshire 10.5 10.5 10.5 10.5 10.5
New Jersey 10.5 10.5 10.5 10.5 10.5
New Mexico:
North of 34° Latitude 9.5 9.0 9.0 9.5 9.5
South of 34° Latitude 9.5 9.0 9.0 9.0 9.5
New York 10.5 10.5 10.5 10.5 10.5
North Carolina 10.5 10.5 9.5 9.5 10.5
North Dakota 10.5 10.5 10.5 10.5 10.5
Ohio 10.5 10.5 10.5 10.5 10.5
Oklahoma 10.5 9.5 9.5 9.5 9.5
Oregon:
East of 122° Longitude 10.5 10.5 10.5 10.5 10.5
West of 122° Longitude 10.5 10.5 10.5 10.5 10.5
Pennsylvania 10.5 10.5 10.5 10.5 10.5
Rhode Island 10.5 10.5 10.5 10.5 10.5
South Carolina 10.5 10.5 9.5 9.5 10.5
South Dakota 10.5 10.5 10.5 10.5 10.5
Tennessee 10.5 10.5 9.5 9.5 10.5
Texas:
East of 99° Longitude 9.5 9.0 9.0 9.0 9.5
West of 99° Longitude 9.5 9.0 9.0 9.0 9.5
Utah 10.5 9.5 9.5 9.5 9.5
Vermont 10.5 10.5 10.5 10.5 10.5
Virginia 10.5 10.5 10.5 10.5 10.5
Washington:
East of 122° Longitude 10.5 10.5 10.5 10.5 10.5
West of 122° Longitude 10.5 10.5 10.5 10.5 10.5
West Virginia 10.5 10.5 10.5 10.5 10.5
Wisconsin 10.5 10.5 10.5 10.5 10.5
Wyoming 10.5 10.5 10.5 10.5 10.5

(2) Prohibited activities in 1992 and beyond. During the 1992 and later high ozone seasons no person, including without limitation, no retailer or wholesale purchaser-consumer, and during the 1992 and later regulatory control periods, no refiner, importer, distributor, reseller, or carrier shall sell, offer for sale, dispense, supply, offer for supply, transport or introduce into commerce gasoline whose Reid vapor pressure exceeds the applicable standard. As used in this section and § 80.28, “applicable standard” means:

(i) 9.0 psi for all designated volatility attainment areas; and

(ii) The standard listed in this paragraph for the state and time period in which the gasoline is intended to be dispensed to motor vehicles for any designated volatility nonattainment area within such State or, if such area and time period cannot be determined, the standard listed in this paragraph that specifies the lowest Reid vapor pressure for the year in which the gasoline is sampled. Designated volatility attainment and designated volatility nonattainment areas and their exact boundaries are described in 40 CFR part 81, or such part as shall later be designated for that purpose. As used in this section and § 80.27, “high ozone season” means the period from June 1 to September 15 of any calendar year and “regulatory control period” means the period from May 1 to September 15 of any calendar year.

Applicable Standards1 1992 and Subsequent Years

State May June July August September
Alabama8 9.0 9.0 9.0 9.0 9.0
Arizona 9.0 7.8 7.8 7.8 7.8
Arkansas 9.0 7.8 7.8 7.8 7.8
California 9.0 7.8 7.8 7.8 7.8
Colorado2 9.0 7.8 7.8 7.8 7.8
Connecticut 9.0 9.0 9.0 9.0 9.0
Delaware 9.0 9.0 9.0 9.0 9.0
District of Columbia 9.0 7.8 7.8 7.8 7.8
Florida:
Florida 9.0 9.0 9.0 9.0 9.0
Southeast Florida, Tampa Bay and Jacksonville5 9.0 9.0 9.0 9.0 9.0
Georgia13 9.0 9.0 9.0 9.0 9.0
Idaho 9.0 9.0 9.0 9.0 9.0
Illinois 9.0 9.0 9.0 9.0 9.0
Indiana 9.0 9.0 9.0 9.0 9.0
Iowa 9.0 9.0 9.0 9.0 9.0
Kansas 9.0 7.8 7.8 7.8 7.8
Kentucky 9.0 9.0 9.0 9.0 9.0
Louisiana41112 9.0 9.0 9.0 9.0 9.0
Maine 9.0 9.0 9.0 9.0 9.0
Maryland 9.0 7.8 7.8 7.8 7.8
Massachusetts 9.0 9.0 9.0 9.0 9.0
Michigan 9.0 9.0 9.0 9.0 9.0
Minnesota 9.0 9.0 9.0 9.0 9.0
Mississippi 9.0 7.8 7.8 7.8 7.8
Missouri 9.0 7.8 7.8 7.8 7.8
Montana 9.0 9.0 9.0 9.0 9.0
Nebraska 9.0 9.0 9.0 9.0 9.0
Nevada 9.0 7.8 7.8 7.8 7.8
New Hampshire 9.0 9.0 9.0 9.0 9.0
New Jersey 9.0 9.0 9.0 9.0 9.0
New Mexico 9.0 7.8 7.8 7.8 7.8
New York 9.0 9.0 9.0 9.0 9.0
North Carolina679 9.0 9.0 9.0 9.0 9.0
North Dakota 9.0 9.0 9.0 9.0 9.0
Ohio 9.0 9.0 9.0 9.0 9.0
Oklahoma 9.0 7.8 7.8 7.8 7.8
Oregon 9.0 7.8 7.8 7.8 7.8
Pennsylvania 9.0 9.0 9.0 9.0 9.0
Rhode Island 9.0 9.0 9.0 9.0 9.0
South Carolina3 9.0 9.0 9.0 9.0 9.0
South Dakota 9.0 9.0 9.0 9.0 9.0
Tennessee10 9.0 9.0 9.0 9.0 9.0
Texas 9.0 7.8 7.8 7.8 7.8
Utah 9.0 7.8 7.8 7.8 7.8
Vermont 9.0 9.0 9.0 9.0 9.0
Virginia 9.0 7.8 7.8 7.8 7.8
Washington 9.0 9.0 9.0 9.0 9.0
West Virginia 9.0 9.0 9.0 9.0 9.0
Wisconsin 9.0 9.0 9.0 9.0 9.0
Wyoming 9.0 9.0 9.0 9.0 9.0

(b) Determination of compliance. Compliance with the standards listed in paragraph (a) of this section shall be determined by the use of the sampling methodologies specified in § 80.8 and the testing methodology specified in § 80.46(c) until December 31, 2015, and § 80.47 beginning January 1, 2016.

(c) Liability. Liability for violations of paragraph (a) of this section shall be determined according to the provisions of § 80.28. Where the terms refiner, importer, distributor, reseller, carrier, ethanol blender, retailer, or wholesale purchaser-consumer are expressed in the singular in § 80.28, these terms shall include the plural.

(d) Special provisions for alcohol blends.

(1) Any gasoline which meets the requirements of paragraph (d)(2) of this section shall not be in violation of this section if its Reid vapor pressure does not exceed the applicable standard in paragraph (a) of this section by more than one pound per square inch (1.0 psi).

(2) In order to qualify for the special regulatory treatment specified in paragraph (d)(1) of this section, gasoline must contain denatured, anhydrous ethanol. The concentration of the ethanol, excluding the required denaturing agent, must be at least 9% and no more than 15% (by volume) of the gasoline. The ethanol content of the gasoline shall be determined by the use of one of the testing methodologies specified in § 80.47. The maximum ethanol content shall not exceed any applicable waiver conditions under section 211(f) of the Clean Air Act.

(3) Each invoice, loading ticket, bill of lading, delivery ticket and other document which accompanies a shipment of gasoline containing ethanol shall contain a legible and conspicuous statement that the gasoline being shipped contains ethanol and the percentage concentration of ethanol.

(e) Testing exemptions.

(1)

(i) Any person may request a testing exemption by submitting an application that includes all the information listed in paragraphs (e)(3) through (6) of this section to the attention of “Test Exemptions” to the address in § 80.10(a).

(ii) For purposes of this section, “testing exemption” means an exemption from the requirements of § 80.27(a) that is granted by the Administrator for the purpose of research or emissions certification.

(2)

(i) In order for a testing exemption to be granted, the applicant must demonstrate the following:

(A) The proposed test program has a purpose that constitutes an appropriate basis for exemption;

(B) The proposed test program necessitates the granting of an exemption;

(C) The proposed test program exhibits reasonableness in scope; and

(D) The proposed test program exhibits a degree of control consistent with the purpose of the program and the Environmental Protection Agency's (EPA's) monitoring requirements.

(ii) Paragraphs (e)(3), (4), (5) and (6) of this section describe what constitutes a sufficient demonstration for each of the four elements in paragraphs (e)(2)(i) (A) through (D) of this section.

(3) An appropriate purpose is limited to research or emissions certification. The testing exemption application must include a concise statement of the purpose(s) of the testing program.

(4) With respect to the necessity that an exemption be granted, the applicant must demonstrate an inability to achieve the stated purpose in a practicable manner, during a period of the year in which the volatility regulations do not apply, or without performing or causing to be performed one or more of the prohibited activities under § 80.27(a). If any site of the proposed test program is located in an area that has been classified by the Administrator as a nonattainment area for purposes of the ozone national ambient air quality standard, the application must also demonstrate an inability to perform the test program in an area that is not so classified.

(5) With respect to reasonableness, a test program must exhibit a duration of reasonable length, effect a reasonable number of vehicles or engines, and utilize a reasonable amount of high volatility fuel. In this regard, the testing exemption application must include:

(i) An estimate of the program's duration;

(ii) An estimate of the maximum number of vehicles or engines involved in the test program;

(iii) The time or mileage duration of the test program;

(iv) The range of volatility of the fuel (expressed in Reid Vapor Pressure (RVP)) expected to be used in the test program; and

(v) The quantity of fuel which exceeds the applicable standard that is expected to be used in the test program.

(6) With respect to control, a test program must be capable of affording EPA a monitoring capability. At a minimum, the testing exemption application must also include:

(i) The technical nature of the test program;

(ii) The site(s) of the test program (including the street address, city, county, State, and zip code);

(iii) The manner in which information on vehicles and engines used in the test program will be recorded and made available to the Administrator;

(iv) The manner in which results of the test program will be recorded and made available to the Administrator;

(v) The manner in which information on the fuel used in the test program (including RVP level(s), name, address, telephone number, and contact person of supplier, quantity, date received from the supplier) will be recorded and made available to the Administrator;

(vi) The manner in which the distribution pumps will be labeled to insure proper use of the test fuel;

(vii) The name, address, telephone number and title of the person(s) in the organization requesting a testing exemption from whom further information on the request may be obtained; and

(viii) The name, address, telephone number and title of the person(s) in the organization requesting a testing exemption who will be responsible for recording and making available to the Administrator the information specified in paragraphs (e)(6)(iii), (iv), and (v) of this section, and the location in which such information will be maintained.

(7) A testing exemption will be granted by the Administrator upon a demonstration that the requirements of paragraphs (e)(2), (3), (4), (5) and (6) of this section have been met. The testing exemption will be granted in the form of a memorandum of exemption signed by the applicant and the Administrator (or his delegate), which shall include such terms and conditions as the Administrator determines necessary to monitor the exemption and to carry out the purposes of this section. Any violation of such a term or condition shall cause the exemption to be void.

[54 FR 11883, Mar. 22, 1989]

§ 80.28 Liability for violations of gasoline volatility controls and prohibitions.

(a) Violations at refineries or importer facilities. Where a violation of the applicable standard set forth in § 80.27 is detected at a refinery that is not an ethanol blending plant or at an importer's facility, the refiner or importer shall be deemed in violation.

(b) Violations at carrier facilities. Where a violation of the applicable standard set forth in § 80.27 is detected at a carrier's facility, whether in a transport vehicle, in a storage facility, or elsewhere at the facility, the following parties shall be deemed in violation:

(1) The carrier, except as provided in paragraph (g)(1) of this section;

(2) The refiner (if he is not an ethanol blender) at whose refinery the gasoline was produced or the importer at whose import facility the gasoline was imported, except as provided in paragraph (g)(2) of this section;

(3) The ethanol blender (if any) at whose ethanol blending plant the gasoline was produced, except as provided in paragraph (g)(6) of this section; and

(4) The distributor and/or reseller, except as provided in paragraph (g)(3) of this section.

(c) Violations at branded distributor facilities, reseller facilities, or ethanol blending plants. Where a violation of the applicable standard set forth in § 80.27 is detected at a distributor facility, a reseller facility, or an ethanol blending plant which is operating under the corporate, trade, or brand name of a gasoline refiner or any of its marketing subsidiaries, the following parties shall be deemed in violation:

(1) The distributor or reseller, except as provided in paragraph (g)(3) or (g)(8) of this section;

(2) The carrier (if any), if the carrier caused the gasoline to violate the applicable standard;

(3) The refiner under whose corporate, trade, or brand name (or that of any of its marketing subsidiaries) the distributor, reseller, or ethanol blender is operating, except as provided in paragraph (g)(4) of this section; and

(4) The ethanol blender (if any) at whose ethanol blending plant the gasoline was produced, except as provided in paragraph (g)(6) or (g)(8) of this section.

(d) Violations at unbranded distributor facilities or ethanol blending plants. Where a violation of the applicable standard set forth in § 80.27 is detected at a distributor facility or an ethanol blending plant not operating under a refiner's corporate, trade, or brand name, or that of any of its marketing subsidiaries, the following parties shall be deemcd in violation:

(1) The distributor, except as provided in paragraph (g)(3) or (g)(8) of this section;

(2) The carrier (if any), if the carrier caused the gasoline to violate the applicable standard;

(3) The refiner (if he is not an ethanol blender) at whose refinery the gasoline was produced or the importer at whose import facility the gasoline was imported, except as provided in paragraph (g)(2) of this section; and

(4) The ethanol blender (if any) at whose ethanol blending plant the gasoline was produced, except as provided in paragraph (g)(6) or (g)(8) of this section.

(e) Violations at branded retail outlets or wholesale purchaser-consumer facilities. Where a violation of the applicable standard set forth in § 80.27 is detected at a retail outlet or at a wholesale purchaser-consumer facility displaying the corporate, trade, or brand name of a gasoline refiner or any of its marketing subsidiaries, the following parties shall be deemed in violation:

(1) The retailer or wholesale purchaser-consumer, except as provided in paragraph (g)(5) or (g)(8) of this section;

(2) The distributor and/or reseller (if any), except as provided in paragraph (g)(3) or (g)(8) of this section;

(3) The carrier (if any), if the carrier caused the gasoline to violate the applicable standard;

(4) The refiner whose corporate, trade, or brand name (or that of any of its marketing subsidiaries) is displayed at the retail outlet or wholesale purchaser-consumer facility, except as provided in paragraph (g)(4) of this section; and

(5) The ethanol blender (if any) at whose ethanol blending plant the gasoline was produced, except as provided in paragraph (g)(6) or (g)(8) of this section.

(f) Violations at unbranded retail outlets or wholesale purchaser-consumer facilities. Where a violation of the applicable standard set forth in § 80.27 is detected at a retail outlet or at a wholesale purchaser-consumer facility not displaying the corporate, trade, or brand name of a refiner or any of its marketing subsidiaries, the following parties shall be deemed in violation:

(1) The retailer or wholesale purchaser-consumer, except as provided in paragraph (g)(5) or (g)(8) of this section;

(2) The distributor (if any), except as provided in paragraph (g)(3) or (g)(8) of this section;

(3) The carrier (if any), if the carrier caused the gasoline to violate the applicable standard;

(4) The ethanol blender (if any) at whose ethanol blending plant the gasoline was produced, except as provided in paragraph (g)(6) of this section; and

(5) The refiner (if he is not an ethanol blender) at whose refinery the gasoline was produced and/or the importer at whose import facility the gasoline was imported, except as provided in paragraph (g)(2) of this section.

(g) Defenses.

(1) In any case in which a carrier would be in violation under paragraph (b)(1) of this section, the carrier shall not be deemed in violation if he can demonstrate:

(i) That the violation was not caused by him or his employee or agent; and

(ii) Evidence of an oversight program conducted by the carrier, such as periodic sampling and testing of incoming gasoline, for monitoring the volatility of gasoline stored or transported by that carrier.

(iii) An oversight program under paragraph (g)(1)(ii) of this section need not include periodic sampling and testing of gasoline in a tank truck operated by a common carrier, but in lieu of such tank truck sampling and testing, the common carrier shall demonstrate evidence of an oversight program for monitoring compliance with the volatility requirements of § 80.27 relating to the transport or storage of gasoline by tank truck, such as appropriate guidance to drivers on compliance with applicable requirements and the periodic review of records normally received in the ordinary course of business concerning gasoline quality and delivery.

(2) In any case in which a refiner or importer would be in violation under paragraphs (b)(2), (d)(3), or (f)(5) of this section, the refiner or importer shall not be deemed in violation if he can demonstrate:

(i) That the violation was not caused by him or his employee or agent; and

(ii) Test results using the sampling methodology set forth in § 80.8 and the testing methodology set forth in § 80.46(c), or any other test method where adequate correlation to § 80.46(c) is demonstrated, which show evidence that the gasoline determined to be in violation was in compliance with the applicable standard when it was delivered to the next party in the distribution system.

(3) In any case in which a distributor or reseller would be in violation under paragraph (b)(4), (c)(1), (d)(1), (e)(2), or (f)(2) of this section, the distributor or reseller shall not be deemed in violation if he can demonstrate:

(i) That the violation was not caused by him or his employee or agent; and

(ii) Evidence of an oversight program conducted by the distributor or reseller, such as periodic sampling and testing of gasoline, for monitoring the volatility of gasoline that the distributor or reseller sells, supplies, offers for sale or supply, or transports.

(4) In any case in which a refiner would be in violation under paragraphs (c)(3) or (e)(4) of this section, the refiner shall not be deemed in violation if he can demonstrate all of the following:

(i) Test results using the sampling methodology set forth in § 80.8 and the testing methodology set forth in § 80.46(c), or any other test method where adequate correlation to § 80.46(c) is demonstrated, which show evidence that the gasoline determined to be in violation was in compliance with the applicable standard when transported from the refinery.

(ii) That the violation was not caused by him or his employee or agent; and

(iii) That the violation:

(A) Was caused by an act in violation of law (other than the Act or this part), or an act of sabotage or vandalism, whether or not such acts are violations of law in the jurisdiction where the violation of the requirements of this part occurred, or

(B) Was caused by the action of a reseller, an ethanol blender, or a retailer supplied by such reseller or ethanol blender, in violation of a contractual undertaking imposed by the refiner on such reseller or ethanol blender designed to prevent such action, and despite reasonable efforts by the refiner (such as periodic sampling and testing) to insure compliance with such contractual obligation, or

(C) Was caused by the action of a retailer who is supplied directly by the refiner (and not by a reseller), in violation of a contractual undertaking imposed by the refiner on such retailer designed to prevent such action, and despite reasonable efforts by the refiner (such as periodic sampling and testing) to insure compliance with such contractual obligation, or

(D) Was caused by the action of a distributor or an ethanol blender subject to a contract with the refiner for transportation of gasoline from a terminal to a distributor, ethanol blender, retailer or wholesale purchaser-consumer, in violation of a contractual undertaking imposed by the refiner on such distributor or ethanol blender designed to prevent such action, and despite reasonable efforts by the refiner (such as periodic sampling and testing) to insure compliance with such contractual obligation, or

(E) Was caused by a carrier or other distributor not subject to a contract with the refiner but engaged by him for transportation of gasoline from a terminal to a distributor, ethanol blender, retailer or wholesale purchaser-consumer, despite reasonable efforts by the refiner (such as specification or inspection of equipment) to prevent such action, or

(F) Occurred at a wholesale purchaser-consumer facility: Provided, however, That if such wholesale purchaser-consumer was supplied by a reseller or ethanol blender, the refiner must demonstrate that the violation could not have been prevented by such reseller's or ethanol blender's compliance with a contractual undertaking imposed by the refiner on such reseller or ethanol blender as provided in paragraph (g)(4)(iii)(B) of this section.

(iv) In paragraphs (g)(4)(iii)(A) through (E) of this section, the term “was caused” means that the refiner must demonstrate by reasonably specific showings, by direct or circumstantial evidence, that the violation was caused or must have been caused by another.

(5) In any case in which a retailer or wholesale purchaser-consumer would be in violation under paragraphs (e)(1) or (f)(1) of this section, the retailer or wholesale purchaser-consumer shall not be deemed in violation if he can demonstrate that the violation was not caused by him or his employee or agent.

(6) In any case in which an ethanol blender would be in violation under paragraphs (b)(3), (c)(4), (d)(4), (e)(5) or (f)(4) of this section, the ethanol blender shall not be deemed in violation if he can demonstrate:

(i) That the violation was not caused by him or his employee or agent; and

(ii) Evidence of an oversight program conducted by the ethanol blender, such as periodic sampling and testing of gasoline, for monitoring the volatility of gasoline that the ethanol blender sells, supplies, offers for sale or supply or transports; and

(iii) That the gasoline determined to be in violation contained no more than 15% ethanol (by volume) when it was delivered to the next party in the distribution system.

(7) In paragraphs (g)(1)(i), (g)(2)(i), (g)(3)(i), (g)(4)(ii), (g)(5), and (g)(6)(i) of this section, the respective party must demonstrate by reasonably specific showings, by direct or circumstantial evidence, that it or its employee or agent did not cause the violation.

(8) In addition to the defenses provided in paragraphs (g)(1) through (6) of this section, in any case in which an ethanol blender, distributor, reseller, carrier, retailer, or wholesale purchaser-consumer would be in violation under paragraph (b), (c), (d), (e), or (f) of this section, as a result of gasoline which contains between 9 and 15 percent ethanol (by volume) but exceeds the applicable standard by more than one pound per square inch (1.0 psi), the ethanol blender, distributor, reseller, carrier, retailer or wholesale purchaser-consumer shall not be deemed in violation if such person can demonstrate, by showing receipt of a certification from the facility from which the gasoline was received or other evidence acceptable to the Administrator, that:

(i) The gasoline portion of the blend complies with the Reid vapor pressure limitations of § 80.27(a); and

(ii) The ethanol portion of the blend does not exceed 15 percent (by volume); and

(iii) No additional alcohol or other additive has been added to increase the Reid vapor pressure of the ethanol portion of the blend.

In the case of a violation alleged against an ethanol blender, distributor, reseller, or carrier, if the demonstration required by paragraphs (g)(8)(i), (ii), and (iii) of this section is made by a certification, it must be supported by evidence that the criteria in paragraphs (g)(8)(i), (ii), and (iii) of this section have been met, such as an oversight program conducted by or on behalf of the ethanol blender, distributor, reseller or carrier alleged to be in violation, which includes periodic sampling and testing of the gasoline or monitoring the volatility and ethanol content of the gasoline. Such certification shall be deemed sufficient evidence of compliance provided it is not contradicted by specific evidence, such as testing results, and provided that the party has no other reasonable basis to believe that the facts stated in the certification are inaccurate. In the case of a violation alleged against a retail outlet or wholesale purchaser-consumer facility, such certification shall be deemed an adequate defense for the retailer or wholesale purchaser-consumer, provided that the retailer or wholesale purchaser-consumer is able to show certificates for all of the gasoline contained in the storage tank found in violation, and, provided that the retailer or wholesale purchaser-consumer has no reasonable basis to believe that the facts stated in the certifications are inaccurate.

[54 FR 11885, Mar. 22, 1989; 54 FR 27017, June 27, 1989, as amended at 56 FR 64711, Dec. 12, 1991; 58 FR 14484, Mar. 17, 1993; 62 FR 68205, Dec. 31, 1997; 67 FR 8736, Feb. 26, 2002; 84 FR 27021, June 10, 2019]

§ 80.29 Controls and prohibitions on diesel fuel quality.

(a) Prohibited activities. Beginning October 1, 1993 and continuing until the implementation dates for subpart I of part 80 as specified in § 80.500, except as provided in 40 CFR 69.51, no person, including but not limited to, refiners, importers, distributors, resellers, carriers, retailers or wholesale purchaser-consumers, shall manufacture, introduce into commerce, sell, offer for sale, supply, store, dispense, offer for supply or transport any diesel fuel for use in motor vehicles, unless the diesel fuel:

(1) Has a sulfur percentage, by weight, no greater than 0.05 percent;

(2)

(i) Has a cetane index of at least 40; or

(ii) Has a maximum aromatic content of 35 volume percent; and

(3) Is free of visible evidence of the dye solvent red 164; unless it is used in a manner that is tax-exempt as defined under section 4082 of the Internal Revenue Code (26 U.S.C. 4082).

(b) Determination of compliance.

(1) Any diesel fuel which does not show visible evidence of being dyed with dye solvent red 164 (which has a characteristic red color in diesel fuel) shall be considered to be available for use in diesel motor vehicles and motor vehicle engines, and shall be subject to the prohibitions of paragraph (a) of this section.

(2) Compliance with the sulfur, cetane, and aromatics standards in paragraph (a) of this section shall be determined based on the level of the applicable component or parameter, using the sampling methodologies specified in § 80.330(b), as applicable, and the appropriate testing methodologies specified in § 80.580(a) for sulfur, § 80.2(w) for cetane index, and § 80.2(z) for aromatic content. Any evidence or information, including the exclusive use of such evidence or information, may be used to establish the level of the applicable component or parameter in the diesel fuel, if the evidence or information is relevant to whether that level would have been in compliance with the standard if the appropriate sampling and testing methodology had been correctly performed. Such evidence may be obtained from any source or location and may include, but is not limited to, test results using methods other than the compliance methods in this paragraph (b), business records, and commercial documents.

(3) Determination of compliance with the requirements of this section other than the standards described in paragraph (a) of this section, and determination of liability for any violation of this section, may be based on information obtained from any source or location. Such information may include, but is not limited to, business records and commercial documents.

(c) Transfer documents.

(1) Any person that transfers custody or title of diesel fuel for use in motor vehicles which contains visible evidence of the dye solvent red 164 shall provide documents to the transferee which state that such fuel meets the applicable standards for sulfur and cetane index or aromatic content under these regulations and is only for tax-exempt use in diesel motor vehicles as defined under section 4082 of the Internal Revenue Code.

(2) Any person that is the transferor or the transferee of diesel fuel for use in motor vehicles which contains visible evidence of the dye solvent red 164, shall retain the documents required under paragraph (c)(1) of this section for a period of five years from the date of transfer of such fuel and shall provide such documents to the Administrator or the Administrator's representative upon request.

(d) Liability. Liability for violations of paragraph (a)(1) of this section shall be determined according to the provisions of § 80.30. Any person that violates paragraph (a)(2) or (c) of this section shall be liable for penalties in accordance with paragraph (e) of this section.

(e) Penalties. Penalties for violations of paragraph (a) or (c) of this section shall be determined according to the provisions of § 80.5.

[59 FR 35858, July 14, 1994, as amended at 63 FR 49465, Sept. 16, 1998; 66 FR 5135, Jan. 18, 2001]

§ 80.30 Liability for violations of diesel fuel control and prohibitions.

(a) Violations at refiners or importers facilities. Where a violation of a diesel fuel standard set forth in § 80.29 is detected at a refinery or importer's facility, the refiner or importer shall be deemed in violation.

(b) Violations at carrier facilities. Where a violation of a diesel fuel standard set forth in § 80.29 is detected at a carrier's facility, whether in a transport vehicle, in a storage facility, or elsewhere at the facility, the following parties shall be deemed in violation:

(1) The carrier, except as provided in paragraph (g)(1) of this section; and

(2) The refiner or importer at whose refinery or import facility the diesel fuel was produced or imported, except as provided in paragraph (g)(2) of this section.

(c) Violations at branded distributor or reseller facilities. Where a violation of a diesel fuel standard set forth in § 80.29 is detected at a distributor or reseller's facility which is operating under the corporate, trade or brand name of a refiner or any of its marketing subsidiaries, the following parties shall be deemed in violation:

(1) The distributor or reseller, except as provided in paragraph (g)(3) of this section;

(2) The carrier (if any), if the carrier caused the diesel fuel to violate the standard by fuel switching, blending, mislabeling, or any other means; and

(3) The refiner under whose corporate, trade, or brand name (or that of any of its marketing subsidiaries) the distributor or reseller is operating, except as provided in paragraph (g)(4) of this section.

(d) Violations at unbranded distributor facilities. Where a violation of a diesel fuel standard set forth in § 80.29 is detected at the facility of a distributor not operating under a refiner's corporate, trade, or brand name, or that of any of its marketing subsidiaries, the following shall be deemed in violation:

(1) The distributor, except as provided in paragraph (g)(3) of this section;

(2) The carrier (if any), if the carrier caused the diesel fuel to violate the standard by fuel switching, blending, mislabeling, or any other means; and

(3) The refiner or importer at whose refinery or import facility the diesel fuel was produced or imported, except as provided in paragraph (g)(2) of this section.

(e) Violations at branded retail outlets or wholesale purchaser-consumer facilities. Where a violation of a diesel fuel standard set forth in § 80.29 is detected at a retail outlet or at a wholesale purchaser-consumer facility displaying the corporate, trade, or brand name of a refiner or any of its marketing subsidiaries, the following parties shall be deemed in violation:

(1) The retailer or wholesale purchaser-consumer, except as provided in paragraph (g)(5) of this section;

(2) The distributor and/or reseller (if any), except as provided in paragraph (g)(3) of this section;

(3) The carrier (if any), if the carrier caused the diesel fuel to violate the standard by fuel switching, blending, mislabeling, or any other means; and

(4) The refiner whose corporate, trade, or brand name, or that of any of its marketing subsidiaries, is displayed at the retail outlet or wholesale purchaser-consumer facility, except as provided in paragraph (g)(4) of this section.

(f) Violations at unbranded retail outlets or wholesale purchaser-consumer facilities. Where a violation of a diesel fuel standard set forth in § 80.29 is detected at a retail outlet or at a wholesale purchaser-consumer facility not displaying the corporate, trade, or brand name of a refiner or any of its marketing subsidiaries, the following parties shall be deemed in violation:

(1) The retailer or wholesale purchaser-consumer, except as provided in paragraph (g)(5) of this section;

(2) The distributor (if any), except as provided in paragraph (g)(3) of this section;

(3) The carrier (if any), if the carrier caused the diesel fuel to violate the standard by fuel switching, blending, mislabeling, or any other means; and

(4) The refiner or importer at whose refinery or import facility the diesel fuel was produced or imported, except as provided in paragraph (g)(2) of this section.

(g) Defenses.

(1) In any case in which a carrier would be in violation under paragraph (b)(1) of this section, the carrier shall not be deemed in violation if he can demonstrate:

(i) Evidence of an oversight program conducted by the carrier, for monitoring the diesel fuel stored or transported by that carrier, such as periodic sampling and testing of the cetane index and sulfur percentage of incoming diesel fuel. Such an oversight program need not include periodic sampling and testing of diesel fuel in a tank truck operated by a common carrier, but in lieu of such tank truck sampling and testing the common carrier shall demonstrate evidence of an oversight program for monitoring compliance with the diesel fuel requirements of § 80.29 relating to the transport or storage of diesel fuel by tank truck, such as appropriate guidance to drivers on compliance with applicable requirements and the periodic review of records normally received in the ordinary course of business concerning diesel fuel quality and delivery; and

(ii) That the violation was not caused by the carrier or his employee or agent.

(2) In any case in which a refiner or importer would be in violation under paragraphs (b)(2), (d)(3), or (f)(4) of this section, the refiner or importer shall not be deemed in violation if he can demonstrate:

(i) That the violation was not caused by him or his employee or agent; and

(ii) Test results, performed in accordance with the applicable sampling and testing methodologies set forth in §§ 80.2(w), 80.2(z), 80.2(bb), and 80.580, which evidence that the diesel fuel determined to be in violation was in compliance with the diesel fuel standards of § 80.29(a) when it was delivered to the next party in the distribution system;

(3) In any case in which a distributor or reseller would be in violation under paragraphs (c)(1), (d)(1), (e)(2) or (f)(2) of this section, the distributor or reseller shall not be deemed in violation if he can demonstrate:

(i) That the violation was not caused by him or his employee or agent; and

(ii) Evidence of an oversight program conducted by the distributor or reseller, such as periodic sampling and testing of diesel fuel, for monitoring the sulfur percentage and cetane index of the diesel fuel that the distributor or reseller sells, supplies, offers for sale or supply, or transports.

(4) In any case in which a refiner would be in violation under paragraphs (c)(3) or (e)(4) of this section, the refiner shall not be deemed in violation if he can demonstrate all of the following:

(i) Test results, performed in accordance with the applicable sampling and testing methodologies set forth in §§ 80.2(w), 80.2(z), 80.2(bb), and 80.580, which evidence that the diesel fuel determined to be in violation was in compliance with the diesel fuel standards of § 80.29(a) when it was delivered to the next party in the distribution system;

(ii) That the violation was not caused by him or his employee or agent; and

(iii) That the violation:

(A) Was caused by an act in violation of law (other than the Act or this part), or an act of sabotage or vandalism, whether or not such acts are violations of law in the jurisdiction where the violation of the requirements of this part occurred, or

(B) Was caused by the action of a reseller or a retailer supplied by such reseller, in violation of a contractual undertaking imposed by the refiner on such reseller designed to prevent such action, and despite reasonable efforts by the refiner (such as periodic sampling and testing) to insure compliance with such contractual obligation, or

(C) Was caused by the action of a retailer who is supplied directly by the refiner (and not by a reseller), in violation of a contractual undertaking imposed by the refiner on such retailer designed to prevent such action, and despite reasonable efforts by the refiner (such as periodic sampling and testing) to insure compliance with such contractual obligation, or

(D) Was caused by the action of a distributor subject to a contract with the refiner for transportation of diesel fuel from a terminal to a distributor, retailer or wholesale purchaser-consumer, in violation of a contractual undertaking imposed by the refiner on such distributor designed to prevent such action, and despite reasonable efforts by the refiner (such as periodic sampling and testing) to ensure compliance with such contractual obligation, or

(E) Was caused by a carrier or other distributor not subject to a contract with the refiner but engaged by him for transportation of diesel fuel from a terminal to a distributor, retailer or wholesale purchaser-consumer, despite reasonable efforts by the refiner (such as specification or inspection of equipment) to prevent such action, or

(F) Occurred at a wholesale purchaser-consumer facility: Provided, however, That if such wholesale purchaser-consumer was supplied by a reseller, the refiner must demonstrate that the violation could not have been prevented by such reseller's compliance with a contractual undertaking imposed by the refiner on such reseller as provided in paragraph (g)(4)(iii)(B) of this section.

(iv) In paragraphs (g)(4)(iii) (A) through (E) of this section, the term was caused means that the refiner must demonstrate by reasonably specific showings, by direct or circumstantial evidence, that the violation was caused or must have been caused by another.

(5) In any case in which a retailer or wholesale purchaser-consumer would be in violation under paragraphs (e)(1) or (f)(1) of this section, the retailer or wholesale purchaser-consumer shall not be deemed in violation if he can demonstrate that the violation was not caused by him or his employee or agent.

(6) In paragraphs (g)(1)(iii), (g)(2)(i), (g)(3)(i), (g)(4)(ii) and (g)(5) of this section, the respective party must demonstrate by reasonably specific showings, by direct or circumstantial evidence, that it or its employee or agent did not cause the violation.

(7) In the case of any distributor or reseller that would be in violation under paragraph (e)(2) or (f)(2) of this section or any wholesale purchaser-consumer or retailer that would be in violation under paragraph (e)(1) or (f)(1) of this section for diesel fuel for use in motor vehicles which contains visible evidence of the dye solvent red 164, the distributor or reseller or wholesale purchaser-consumer or retailer shall not be deemed in violation if he can:

(i) Demonstrate that the violation was not caused by him or his employee or agent,

(ii) Demonstrate that the fuel has been supplied, offered for supply, transported or available for tax-exempt use as defined under section 4082 of the Internal Revenue Code, and

(iii) Provide evidence from the supplier in the form of documentation that the fuel met the applicable standards under paragraph (a)(1) of this section for sulfur and cetane index or aromatics content for use in motor vehicles.

(h) Detection of violations. In paragraphs (a) through (f) of this section, the term “is detected at” means that the violation existed at the facility in question, and the existence of the violation at that facility may be established through evidence obtained or created at that facility, at any other location, and by any party.

[55 FR 34138, Aug. 21, 1990, as amended at 59 FR 35859, July 14, 1994; 62 FR 68205, Dec. 31, 1997; 66 FR 5135, Jan. 18, 2001]

§ 80.32 Controls applicable to liquefied petroleum gas retailers and wholesale purchaser-consumers.

After January 1, 1998 every retailer and wholesale purchaser- consumer handling over 13,660 gallons of liquefied petroleum gas per month shall equip each pump from which liquefied petroleum gas is introduced into motor vehicles with a nozzle that has no greater than 2.0 cm3 dead space from which liquefied petroleum gas will be released upon nozzle disconnect from the vehicle, as measured from the nozzle face which seals against the vehicle receptacle “O” ring, and as determined by calculation of the geometric shape of the nozzle. After January 1, 2000 this requirement applies to every liquefied petroleum gas retailer and wholesale purchaser- consumer. Any dispensing pump shown to be dedicated to heavy-duty vehicles is exempt from this requirement.

[59 FR 48490, Sept. 21, 1994]

§ 80.33 Controls applicable to natural gas retailers and wholesale purchaser-consumers.

(a) After January 1, 1998 every retailer and wholesale purchaser-consumer handling over 1,215,000 standard cubic feet of natural gas per month shall equip each pump from which natural gas is introduced into natural gas motor vehicles with a nozzle and hose configuration which vents no more than 1.2 grams of natural gas to the atmosphere per refueling of a vehicle complying with § 86.098-8(d)(1)(iv) of this chapter, as determined by calculation of the geometric shape of the nozzle and hose. After January 1, 2000 this requirement applies to every natural gas retailer and wholesale purchaser-consumer. Any dispensing pump shown to be dedicated to heavy-duty vehicles is exempt from this requirement.

(b) The provisions of paragraph (a) of this section can be waived for refueling stations which were in operation on or before January 1, 1998 provided the station operator can demonstrate, to the satisfaction of the Administrator, that compliance with paragraph (a) of this section would require additional compression equipment or other modifications with costs similar to or greater than the cost of additional compression equipment.

[59 FR 48490, Sept. 21, 1994]

Subpart C - Oxygenated Gasoline
§ 80.35 Labeling of retail gasoline pumps; oxygenated gasoline.

(a) For oxygenated gasoline programs with a minimum oxygen content per gallon or minimum oxygen content requirement in conjunction with a credit program, the following shall apply:

(1) Each gasoline pump stand from which oxygenated gasoline is dispensed at a retail outlet in the control area shall be affixed during the control period with a legible and conspicuous label which contains the following statement:

The gasoline dispensed from this pump is oxygenated and will reduce carbon monoxide pollution from motor vehicles.

(2) The posting of the above statement shall be in block letters of no less than 20-point bold type; in a color contrasting with the intended background. The label shall be placed on the vertical surface of the pump on each side with gallonage and price meters and shall be on the upper two-thirds of the pump, clearly readable to the public.

(3) The retailer shall be responsible for compliance with the labeling requirements of this section.

(b) For oxygenated gasoline programs with a credit program and no minimum oxygen content requirement, the following shall apply:

(1) Each gasoline pump stand from which oxygenated gasoline is dispensed at a retail outlet in the control area shall be affixed during the control period with a legible and conspicuous label which contains the following statement:

The fuel dispensed from this pump meets the requirements of the Clean Air Act as part of a program to reduce carbon monoxide pollution from motor vehicles.

(2) The posting of the above statement shall be in block letters of no less than 20-point bold type; in a color contrasting with the intended background. The label shall be placed on the vertical surface of the pump on each side with gallonage and price meters and shall be on the upper two-thirds of the pump, clearly readable to the public.

(3) The retailer shall be responsible for compliance with the labeling requirements of this section.

[57 FR 47771, Oct. 20, 1992]

§§ 80.36-80.39 [Reserved]
Subpart D - Reformulated Gasoline
Source:

59 FR 7813, Feb. 16, 1994, unless otherwise noted.

§ 80.40 Fuel certification procedures.

(a) Gasoline that complies with one of the standards specified in § 80.41 (a) through (f) that is relevant for the gasoline, and that meets all other relevant requirements prescribed under § 80.41, shall be deemed certified.

(b) Any refiner or importer may, with regard to a specific fuel formulation, request from the Administrator a certification that the formulation meets one of the standards specified in § 80.41 (a) through (f).

(c)

(1) Adjusted VOC gasoline for purposes of the general requirements in 80.65(d)(2)(ii), and the certification procedures in this section is gasoline that contains 10 to 15 volume percent ethanol, or RBOB intended for blending with 10 to 15 volume percent ethanol, that is intended for use in the areas described at 80.70(f) and (i), and is designated by the refiner as adjusted VOC gasoline subject to less stringent VOC standards in 80.41(e) and (f). In order for adjusted VOC gasoline to qualify for the regulatory treatment specified in 80.41(e) and (f), reformulated gasoline must contain denatured, anhydrous ethanol. The concentration of the ethanol, excluding the required denaturing agent, must be at least 9 percent and no more than 15 percent (by volume) of the gasoline. The ethanol content of the gasoline shall be determined by use of one of the testing methodologies specified in 80.46(g).

(2) Refiners may choose not to designate as adjusted VOC gasoline or RBOB that otherwise meets the requirements of paragraph (c)(1) of this section, in which case the more stringent VOC standards in § 80.41 apply.

(3) For purposes of § 80.78(a)(1)(v), the “Adjusted VOC gasoline” standards under § 80.41 are the applicable VOC emissions performance standards only for adjusted VOC gasoline that is intended for use in or sold for use by an ultimate consumer in the covered areas described at § 80.70(f) and (i). For purposes of § 80.78(a)(1)(v), gasoline designated as adjusted VOC gasoline that is intended for use or that is sold for use by an ultimate consumer in any covered area in VOC-Control Region 2 other than those described at § 80.70(f) and (i), is subject to the VOC performance standards in § 80.41 applicable to all other gasoline designated for VOC-Control Region 2.

[59 FR 7813, Feb. 16, 1994, as amended at 66 FR 37164, July 17, 2001; 67 FR 8736, Feb. 26, 2002; 76 FR 44443, July 25, 2011]

§ 80.41 Standards and requirements for compliance.

(a) Simple model per-gallon standards. The “simple model” standards for compliance when achieved on a per-gallon basis are as follows:

Simple Model Per-Gallon Standards

Reid vapor pressure (in pounds per square inch):
Gasoline designated for VOC-Control Region 1 ≤7.2
Gasoline designated for VOC-Control Region 2 ≤8.1
Oxygen content (percent, by weight) ≥2.0
Toxic air pollutants emissions reduction (percent) ≥15.0
Benzene (percent, by volume) ≤1.00

(b) Simple model averaged standards. The “simple model” standards when achieved on average are as follows:

Simple Model Averaged Standards

Reid vapor pressure (in pounds per square inch):
Gasoline designated for VOC-Control Region 1:
Standard ≤7.1
Per-Gallon Maximum ≤7.4
Gasoline designated for VOC-Control Region 2:
Standard ≤8.0
Per-Gallon Maximum ≤8.3
Oxygen content (percent, by weight):
Standard ≥2.1
Per-Gallon Minimum ≥1.5
Toxic air pollutants emissions reduction (percent) ≥16.5
Benzene (percent, by volume):
Standard ≤0.95
Per-Gallon Maximum ≤1.30

(c) Phase I complex model per gallon standards. The Phase I “complex model” standards for compliance when achieved on a per-gallon basis are as follows:

Phase I - Complex Model Per-Gallon Standards

VOC emissions performance reduction (percent):
Gasoline designated for VOC-Control Region 1 ≥35.1
Gasoline designated for VOC-Control Region 2 ≥15.6
Toxic air pollutants emissions performance reduction (percent) ≥15.0
NOX emissions performance reduction (percent) ≥0.0
Oxygen content (percent, by weight) ≥2.0
Benzene (percent, by volume) ≤1.00

(d) Phase I complex model averaged standards. The Phase I “complex model” standards for compliance when achieved on average are as follows:

Phase I Complex Model Averaged Standards

VOC emissions performance reduction (percent)
Gasoline designated for VOC-Control Region 1:
Standard ≥36.6
Per-Gallon Minimum ≥32.6
Gasoline designated for VOC-Control Region 2:
Standard ≥17.1
Per-Gallon Minimum ≥13.1
Toxics air pollutants emissions performance reduction (percent) ≥16.5
NOX emissions performance reduction (percent) ≥1.5
Oxygen content (percent, by weight):
Standard ≥2.1
Per-Gallon Minimum ≥1.5
Benzene (percent, by volume):
Standard ≤0.95
Per-Gallon Maximum ≤1.30

(e)

(1) Phase II complex model per-gallon standards. The Phase II “complex model” standards for compliance when achieved on a per-gallon basis are as follows:

Phase II - Complex Model Per-Gallon Standards

VOC emissions performance reduction (percent):
Gasoline designated for VOC-Control Region 1 ≥27.5
Adjusted VOC gasoline designated for VOC-Control Region 2 ≥23.9
All other gasoline designated for VOC-Control Region 2 ≥25.9
Toxic air pollutants emissions performance reduction (percent) ≥20.0
NOX emissions performance reduction (percent):
Gasoline designated as VOC-controlled ≥5.5
Gasoline not designated as VOC-controlled ≥0.0
Benzene (percent, by volume) ≤1.00

(2)

(i) The NOX emissions performance reduction specified in paragraph (e)(1) of this section shall no longer apply beginning January 1, 2007, except as provided in paragraph (e)(2)(ii) of this section.

(ii) For a refiner subject to the small refiner gasoline sulfur standards at § 80.240, the NOX emissions performance reduction specified in paragraph (e)(1) of this section shall no longer apply beginning January 1, 2008. For a refiner subject to the gasoline sulfur standards at § 80.240 that has received an extension of its small refiner gasoline sulfur standards under § 80.553, the NOX emissions performance reduction specified in paragraph (e)(1) of this section shall no longer apply beginning January 1, 2011.

(3)

(i) Beginning January 1, 2011, or January 1, 2015 for small refiners approved under § 80.1340, the toxic air pollutants emissions performance reduction and benzene content specified in paragraph (e)(1) of this section shall apply to reformulated gasoline that is not subject to the benzene standard of § 80.1230, pursuant to the provisions of § 80.1235.

(ii) The toxic air pollutants emissions performance reduction and benzene content specified in paragraph (e)(1) of this section shall not apply to reformulated gasoline produced by a refinery approved under § 80.1334, pursuant to § 80.1334(c).

(f)

(1) Phase II complex model averaged standards. The Phase II “complex model” standards for compliance when achieved on average are as follows:

Phase II Complex Model Averaged Standards

VOC emissions performance reduction (percent):
Gasoline designated for VOC-Control Region 1
Standard ≥29.0
Per-Gallon Minimum ≥25.0
Adjusted VOC gasoline designated for VOC-Control Region 2
Standard ≥25.4
Per-Gallon Minimum ≥21.4
All other gasoline designated for VOC-Control Region 2
Standard ≥27.4
Per-Gallon Minimum ≥23.4
Toxic air pollutants emissions performance reduction (percent) ≥21.5
NOX emissions performance reduction (percent):
Gasoline designated as VOC-controlled ≥6.8
Gasoline not designated as VOC-controlled ≥1.5
Benzene (percent, by volume):
Standard ≤0.95
Per-Gallon Maximum ≤1.30

(2)

(i) The NOX emissions performance reduction specified in paragraph (f)(1) of this section shall no longer apply beginning January 1, 2007, except as provided in paragraph (f)(2)(ii) of this section.

(ii) For a refiner subject to the small refiner gasoline sulfur standards at § 80.240, the NOX emissions performance reduction specified in paragraph (f)(1) of this section shall no longer apply beginning January 1, 2008. For a refiner subject to the gasoline sulfur standards at § 80.240 that has received an extension of its small refiner gasoline sulfur standards under § 80.553, the NOX emissions performance reduction specified in paragraph (f)(1) of this section shall no longer apply beginning January 1, 2011.

(3)

(i) Beginning January 1, 2011, or January 1, 2015 for small refiners approved under § 80.1340, the toxic air pollutants emissions performance reduction and benzene content specified in paragraph (f)(1) of this section shall apply only to reformulated gasoline that is not subject to the benzene standard of § 80.1230, pursuant to the provisions of § 80.1235.

(ii) The toxic air pollutants emissions performance reduction and benzene content specified in paragraph (f)(1) of this section shall not apply to reformulated gasoline produced by a refinery approved under § 80.1334, pursuant to § 80.1334(c).

(g) Oxygen maximum standard.

(1) The per-gallon standard for maximum oxygen content, which applies to reformulated gasoline subject to the simple model per-gallon or average standards, is as follows:

(i) Oxygen content shall not exceed 3.2 percent by weight from ethanol within the boundaries of any State if the State notifies the Administrator that the use of an oxygenate will interfere with attainment or maintenance of an ambient air quality standard or will contribute to an air quality problem.

(ii) A State may request the standard specified in paragraph (g)(1)(i) of this section separately for reformulated gasoline designated as VOC-controlled and reformulated gasoline not designated as VOC-controlled.

(2) The standard in paragraph (g)(1)(i) of this section shall apply 60 days after the Administrator publishes a notice in the Federal Register announcing such a standard.

(h) Additional standard requirements. In addition to the standards specified in paragraphs (a) through (g) of this section, the following standards apply for all reformulated gasoline:

(1) The standard for heavy metals, including lead or manganese, on a per-gallon basis, is that reformulated gasoline may contain no heavy metals. The Administrator may waive this prohibition for a heavy metal (other than lead) if the Administrator determines that addition of the heavy metal to the gasoline will not increase, on an aggregate mass or cancer-risk basis, toxic air pollutant emissions from motor vehicles.

(2) In the case of any refinery or importer subject to the simple model standards:

(i) The annual average levels for sulfur, T-90, and olefins cannot exceed that refinery's or importer's 1990 baseline levels for each of these parameters; and

(ii) The 1990 baseline levels and the annual averages for these parameters shall be established using the methodology set forth in §§ 80.91 through 80.92; and

(iii) In the case of a refiner that operates more than one refinery, the standards specified under this paragraph (h)(2) shall be met using the refinery grouping selected by the refiner under § 80.101(h).

(i) Use of simple and complex models.

(1) During each calendar year 1995 through 1997, any refinery or importer shall be subject to either the simple model standards specified in paragraphs (a) and (b) of this section, or the Phase I complex model standards specified in paragraphs (c) and (d) of this section, at the option of the refiner or importer, provided that:

(i) No refinery or importer may be subject to a combination of simple and complex standards during any calendar year; and

(ii) Any refiner or importer that elects to achieve compliance with the anti-dumping requirements using the:

(A) Simple model shall meet the requirements of this subpart D using the simple model standards; or

(B) Complex model or optional complex model shall meet the requirements of this subpart D using the complex model standards.

(2) During the period January 1, 1998 through December 31, 1999, any refiner or importer shall be subject to the Phase I complex model standards specified in paragraphs (c) and (d) of this section.

(3) Beginning on January 1, 2000, any refiner or importer shall be subject to the Phase II complex model standards specified in paragraphs (e) and (f) of this section.

(j) Complex model early use. Before January 1, 1998, the VOC, toxics, and NOX emissions performance standards for any refinery or importer subject to the Phase I complex model standards shall be determined by evaluating all of the following parameter levels in the Phase I complex model (specified in § 80.45) at one time:

(1) The simple model values for benzene, RVP, and oxygen specified in § 80.41 (a) or (b), as applicable;

(2) The aromatics value which, together with the values for benzene, RVP, and oxygen determined under paragraph (j)(1) of this section, meets the Simple Model toxics requirement specified in paragraph (a) or (b) of this section, as applicable;

(3) The refinery's or importer's individual baseline values for sulfur, E-300, and olefins, as established under § 80.91; and

(4) The appropriate seasonal value of E-200 specified in § 80.45(b)(2).

(k) Effect of VOC survey failure.

(1) On each occasion during 1995 or 1996 that a covered area fails a simple model VOC emissions reduction survey conducted pursuant to § 80.68, the RVP requirements for that covered area beginning in the year following the failure shall be adjusted to be more stringent as follows:

(i) The required average RVP level shall be decreased by an additional 0.1 psi; and

(ii) The maximum RVP level for each gallon of averaged gasoline shall be decreased by an additional 0.1 psi.

(2) On each occasion that a covered area fails a complex model VOC emissions reduction survey conducted pursuant to § 80.68, or fails a simple model VOC emissions reduction survey conducted pursuant to § 80.68 during 1997, the VOC emissions performance standard for that covered area beginning in the year following the failure shall be adjusted to be more stringent as follows:

(i) The required average VOC emissions reduction shall be increased by an additional 1.0%; and

(ii) The minimum VOC emissions reduction, for each gallon of averaged gasoline, shall be increased by an additional 1.0%.

(3) In the event that a covered area for which required VOC emissions reductions have been made more stringent passes all VOC emissions reduction surveys in two consecutive years, the averaging standards VOC emissions reduction for that covered area beginning in the year following the second year of passed survey series shall be made less stringent as follows:

(i) The required average VOC emissions reduction shall be decreased by 1.0%; and

(ii) The minimum VOC emissions reduction shall be decreased by 1.0%.

(4) In the event that a covered area for which the required VOC emissions reductions have been made less stringent fails a subsequent VOC emissions reduction survey:

(i) The required average VOC emission reductions for that covered area beginning in the year following this subsequent failure shall be made more stringent by increasing the required average and the minimum VOC emissions reduction by 1.0%; and

(ii) The required VOC emission reductions for that covered area thereafter shall not be made less stringent regardless of the results of subsequent VOC emissions reduction surveys.

(l) Effect of toxics survey failure.

(1) On each occasion during 1995 or 1996 that a covered area fails a simple model toxics emissions reduction survey series, conducted pursuant to § 80.68, the simple model toxics emissions reduction requirement for that covered area beginning in the year following the year of the failure is made more stringent by increasing the average toxics emissions reduction by an additional 1.0%.

(2) On each occasion that a covered area fails a complex model toxics emissions reduction survey series, conducted pursuant to § 80.68, or fails a simple model toxics emissions reduction survey series conducted pursuant to § 80.68 during 1997, the complex model toxics emissions reduction requirement for that covered area beginning in the year following the year of the failure is made more stringent by increasing the average toxics emissions reduction by an additional 1.0%.

(3) In the event that a covered area for which the toxics emissions standard has been made more stringent passes all toxics emissions survey series in two consecutive years, the averaging standard for toxics emissions reductions for that covered area beginning in the year following the second year of passed survey series shall be made less stringent by decreasing the average toxics emissions reduction by 1.0%.

(4) In the event that a covered area for which the toxics emissions reduction standard has been made less stringent fails a subsequent toxics emissions reduction survey series:

(i) The standard for toxics emissions reduction for that covered area beginning in the year following this subsequent failure shall be made more stringent by increasing the average toxics emissions reduction by 1.0%; and

(ii) The standard for toxics emissions reduction for that covered area thereafter shall not be made less stringent regardless of the results of subsequent toxics emissions reduction surveys.

(m) Effect of NOX survey or survey series failure.

(1) On each occasion that a covered area fails a NOX emissions reduction survey or survey series conducted pursuant to § 80.68, the required average NOX emissions reductions for that covered area beginning in the year following the failure shall be increased in stringency by an additional 1.0%.

(2) In the event that a covered area for which required NOX emissions reductions have been made more stringent passes all NOX emissions reduction surveys and survey series in two consecutive years, the required average NOX emissions reductions for that covered area beginning in the year following the second year of passed surveys and survey series shall be decreased in stringency by 1.0%.

(3) In the event that a covered area for which the required NOX emissions reductions have been made less stringent fails a subsequent NOX emissions reduction survey or survey series:

(i) The required average NOX emission reductions for that covered area beginning in the year following this subsequent failure shall be increased in stringency by 1.0%; and

(ii) The required NOX emission reductions for that covered area thereafter shall not be made less stringent regardless of the results of subsequent NOX emissions reduction surveys or survey series.

(n) Effect of benzene survey failure.

(1) On each occasion that a covered area fails a benzene content survey series, conducted pursuant to § 80.68, the benzene content standards for that covered area beginning in the year following the year of the failure shall be made more stringent as follows:

(i) The average benzene content shall be decreased by 0.05% by volume; and

(ii) The maximum benzene content for each gallon of averaged gasoline shall be decreased by 0.10% by volume.

(2) In the event that a covered area for which the benzene standards have been made more stringent passes all benzene content survey series conducted in two consecutive years, the benzene standards for that covered area beginning in the year following the second year of passed survey series shall be made less stringent as follows:

(i) The average benzene content shall be increased by 0.05% by volume; and

(ii) The maximum benzene content for each gallon of averaged gasoline shall be increased by 0.10% by volume.

(3) In the event that a covered area for which the benzene standards have been made less stringent fails a subsequent benzene content survey series:

(i) The standards for benzene content for that covered area beginning in the year following this subsequent failure shall be the more stringent standards which were in effect prior to the operation of paragraph (n)(2) of this section; and

(ii) The standards for benzene content for that covered area thereafter shall not be made less stringent regardless of the results of subsequent benzene content surveys.

(o) [Reserved]

(p) Effective date for changed minimum or maximum standards. In the case of any minimum or maximum standard that is changed to be more stringent by operation of paragraphs (k), (m), (n), or (o) of this section, the effective date for such change shall be the following number of days after the date EPA announces the change:

(1) 90 days for refinery or import facilities;

(2) 180 days for retail outlets and wholesale purchaser-consumer facilities; and

(3) 150 days for all other facilities.

(q) Refineries and importers subject to adjusted standards. Standards for average compliance that are adjusted to be more or less stringent by operation of paragraphs (k), (l) (m) or (n) of this section apply to average reformulated gasoline produced at each refinery or imported by each importer as follows:

(1) Adjusted standards for a covered area apply to averaged reformulated gasoline that is produced at a refinery if:

(i) Any averaged reformulated gasoline from that refinery supplied the covered area during any year a survey was conducted which gave rise to a standards adjustment; or

(ii) Any averaged reformulated gasoline from that refinery supplies the covered area during any year that the standards are more stringent than the initial standards; unless

(iii) The refiner is able to show that the volume of averaged reformulated gasoline from a refinery that supplied the covered area during any years under paragraphs (q)(1)(i) or (ii) of this section was less than one percent of the reformulated gasoline produced at the refinery during that year, or 100,000 barrels, whichever is less.

(2) Adjusted standards for a covered area apply to averaged reformulated gasoline that is imported by an importer if:

(i) The covered area with the adjusted standard is located in Petroleum Administration for Defense District (PADD) I, and the gasoline is imported at a facility located in PADDs I, II or III;

(ii) The covered area with the adjusted standard is located in PADD II, and the gasoline is imported at a facility located in PADDs I, II, III, or IV;

(iii) The covered area with the adjusted standard is located in PADD III, and the gasoline is imported at a facility located in PADDs II, III, or IV;

(iv) The covered area with the adjusted standard is located in PADD IV, and the gasoline is imported at a facility located in PADDs II, or IV; or

(v) The covered area with the adjusted standard is located in PADD V, and the gasoline is imported at a facility located in PADDs III, IV, or V; unless

(vi) Any gasoline which is imported by an importer at any facility located in any PADD supplies the covered area, in which case the adjusted standard also applies to averaged gasoline imported at that facility by that importer.

(3) Any gasoline that is transported in a fungible manner by a pipeline, barge, or vessel shall be considered to have supplied each covered area that is supplied with any gasoline by that pipeline, or barge or vessel shipment, unless the refiner or importer is able to establish that the gasoline it produced or imported was supplied only to a smaller number of covered areas.

(4) Adjusted standards apply to all averaged reformulated gasoline produced by a refinery or imported by an importer identified in this paragraph (q), except:

(i) In the case of adjusted VOC standards for a covered area located in VOC Control Region 1, the adjusted VOC standards apply only to averaged reformulated gasoline designated as VOC-controlled intended for use in VOC Control Region 1; and

(ii) In the case of adjusted VOC standards for a covered area located in VOC Control Region 2, the adjusted VOC standards apply only to averaged reformulated gasoline designated as VOC-controlled intended for use in VOC Control Region 2.

(r) Definition of PADD. For the purposes of this section only, the following definitions of PADDs apply:

(1) The following States are included in PADD I:

  • Connecticut
  • Delaware
  • District of Columbia
  • Florida
  • Georgia
  • Maine
  • Maryland
  • Massachusetts
  • New York
  • New Hampshire
  • New Jersey
  • North Carolina
  • Pennsylvania
  • Rhode Island
  • South Carolina
  • Vermont
  • Virginia
  • West Virginia

(2) The following States are included in PADD II:

  • Illinois
  • Indiana
  • Iowa
  • Kansas
  • Kentucky
  • Michigan
  • Minnesota
  • Missouri
  • Nebraska
  • North Dakota
  • Ohio
  • Oklahoma
  • South Dakota
  • Tennessee
  • Wisconsin

(3) The following States are included in PADD III:

  • Alabama
  • Arkansas
  • Louisiana
  • Mississippi
  • New Mexico
  • Texas

(4) The following States are included in PADD IV:

  • Colorado
  • Idaho
  • Montana
  • Utah
  • Wyoming

(5) The following States are included in PADD V:

  • Arizona
  • California
  • Nevada
  • Oregon
  • Washington

[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36958, July 20, 1994; 61 FR 12041, Mar. 25, 1996; 62 FR 68205, Dec. 31, 1997; 64 FR 37689, July 13, 1999; 66 FR 37164, July 17, 2001; 71 FR 74566, Dec. 15, 2005; 71 FR 8972, Feb. 22, 2006; 71 FR 26698, May 8, 2006; 72 FR 8543, Feb. 26, 2007]

§ 80.42 Simple emissions model.

(a) VOC emissions. The following equations shall comprise the simple model for VOC emissions. The simple model for VOC emissions shall be used only in determining toxics emissions:

Summer = The period of May 1 through September 15

Winter = The period of September 16 through April 30

EXHVOCS1 = Exhaust nonmethane, nonethane VOC emissions from the fuel in question, in grams per mile, for VOC control region 1 during the summer period.

EXHVOCS2 = Exhaust nonmethane, nonethane VOC emissions from the fuel in question, in grams per mile, for VOC control region 2 during the summer period.

EXHVOCW = Exhaust nonmethane, nonethane VOC emissions from the fuel in question, in grams per mile, during the winter period.

EVPVOCS1 = Evaporative nonmethane, nonethane VOC emissions from the fuel in question, in grams per mile, for VOC control region 1 during the summer period.

EVPVOCS2 = Evaporative nonmethane, nonethane VOC emissions from the fuel in question, in grams per mile, for VOC control region 2 during the summer period.

RLVOCS1 = Running loss nonmethane, nonethane VOC emissions from the fuel in question, in grams per mile, for VOC control region 1 during the summer period.

RLVOCS2 = Running loss nonmethane, nonethane VOC emissions from the fuel in question, in grams per mile, for VOC control region 2 during the summer period.

REFVOCS1 = Refueling nonmethane, nonethane VOC emissions from the fuel in question, in grams per mile, for VOC control region 1 during the summer period.

REFVOCS2 = Refueling nonmethane, nonethane VOC emissions from the fuel in question, in grams per mile, for VOC control region 2 during the summer period.

OXCON = Oxygen content of the fuel in question, in terms of weight percent (as measured under § 80.46)

RVP = Reid vapor pressure of the fuel in question, in pounds per square inch (psi)

(1) The following equations shall comprise the simple model for VOC emissions in VOC Control Region 1 during the summer period:

EXHVOCS1 = 0.444 × (1−(0.127/2.7) × OXCON)

EVPVOCS1 = 0.7952−0.2461 × RVP + 0.02293 × RVP × RVP

RLVOCS1 = −0.734 + 0.1096 × RVP + 0.002791 × RVP × RVP

REFVOCS1 = 0.04 × ((0.1667 × RVP)−0.45)

(2) The following equations shall comprise the simple model for VOC emissions in VOC Control Region 2 during the summer period:

EXHVOCS2 = 0.444 × (1 − (0.127/2.7) × OXCON)

EVPVOCS2 = 0.813 − 0.2393 × RVP + 0.021239 × RVP × RVP

RLVOCS2 = 0.2963 − 0.1306 × RVP + 0.016255 × RVP × RVP

REFVOCS2 = 0.04 × ((0.1667 × RVP) − 0.45)

(3) The following equation shall comprise the simple model for VOC emissions during the winter period:

EXHVOCW = 0.656 × (1 − (0.127/2.7) × OXCON)

(b) Toxics emissions. The following equations shall comprise the simple model for toxics emissions:

EXHBEN = Exhaust benzene emissions from the fuel in question, in milligrams per mile

EVPBEN = Evaporative benzene emissions from the fuel in question, in milligrams per mile

HSBEN = Hot soak benzene emissions from the fuel in question, in milligrams per mile

DIBEN = Diurnal benzene emissions from the fuel in question, in milligrams per mile

RLBEN = Running loss benzene emissions from the fuel in question, in milligrams per mile

REFBEN = Refueling benzene emissions from the fuel in question, in milligrams per mile

MTBE = Oxygen content of the fuel in question in the form of MTBE, in terms of weight percent (as measured under § 80.46)

ETOH = Oxygen content of the fuel in question in the form of ethanol, in terms of weight percent (as measured under § 80.46)

ETBE = Oxygen content of the fuel in question in the form of ETBE, in terms of weight percent (as measured under § 80.46)

FORM = Formaldehyde emissions from the fuel in question, in milligrams per mile

ACET = Acetaldehyde emissions from the fuel in question, in milligrams per mile

POM = Emissions of polycyclic organic matter from the fuel in question, in milligrams per mile

BUTA = Emissions of 1,3-Butadiene from the fuel in question, in milligrams per mile

FBEN = Fuel benzene of the fuel in question, in terms of volume percent (as measured under § 80.46)

FAROM = Fuel aromatics of the fuel in question, in terms of volume percent (as measured under § 80.46)

TOXREDS1 = Total toxics reduction of the fuel in question during the summer period for VOC control region 1 in percent

TOXREDS2 = Total toxics reduction of the fuel in question during the summer period for VOC control region 2 in percent

TOXREDW = Total toxics reduction of the fuel in question during the winter period in percent

(1) The following equations shall comprise the simple model for toxics emissions in VOC control region 1 during the summer period:

TOXREDS1 = [100 × (53.2 −EXHBEN − EVPBEN − RLBEN − REFBEN − FORM − ACET − BUTA − POM)] / 53.2

EXHBEN = [1.884 + 0.949 × FBEN + 0.113 × (FAROM − FBEN)) / 100] × 1000 × EXHVOCS1

EVPBEN = HSBEN + DIBEN

HSBEN = FBEN × (EVPVOCS1 × 0.679) × 1000 × [(1.4448 − (0.0684 × MTBE/2.0) − (0.080274 × RVP)) / 100]

DIBEN = FBEN × (EVPVOCS1 × 0.321) × 1000 × [(1.3758 − (0.0579 × MTBE/2.0) − (0.080274 × RVP)) / 100]

RLBEN = FBEN × RLVOCS1 × 1000 × [(1.4448 − (0.0684 × MTBE/2.0) − (0.080274 × RVP)) / 100]

REFBEN = FBEN × REFVOCS1 × 1000 × [(1.3972 − (0.0591 × MTBE / 2.0) − (0.081507 × RVP)) / 100] BUTA = 0.00556 × EXHVOCS1 × 1000

POM = 3.15 × EXHVOCS1

(i) For any oxygenate or mixtures of oxygenates, the formaldehyde and acetaldehyde shall be calculated with the following equations:

FORM = 0.01256 × EXHVOCS1 × 1000 × [1 + (0.421 / 2.7) × MTBE + TAME) + (0.358 / 3.55) × ETOH + (0.137 / 2.7) × (ETBE + ETAE)]

ACET = 0.00891 × EXHVOCS1 × 1000 × [1 + (0.078 / 2.7) × (MTBE + TAME) + (0.865 / 3.55) × ETOH + (0.867 / 2.7) × (ETBE + ETAE)]

(ii) When calculating formaldehyde and acetaldehyde emissions using the equations in paragraph (b)(1)(i) of this section, oxygen in the form of alcohols which are more complex or have higher molecular weights than ethanol shall be evaluated as if it were in the form of ethanol. Oxygen in the form of methyl ethers other than TAME and MTBE shall be evaluated as if it were in the form of MTBE. Oxygen in the form of ethyl ethers other than ETBE shall be evaluated as if it were in the form of ETBE. Oxygen in the form of non-methyl, non-ethyl ethers shall be evaluated as if it were in the form of ETBE. Oxygen in the form of methanol or non-alcohol, non-ether oxygenates shall not be evaluated with the Simple Model, but instead must be evaluated through vehicle testing under the Complex Model per § 80.48.

(2) The following equations shall comprise the simple model for toxics emissions in VOC control region 2 during the summer period:

TOXREDS2 = 100 × (52.1 − EXHBEN − EVPBEN − RLBEN − REFBEN − FORM − ACET − BUTA − POM) / 52.1

EXHBEN = [(1.884 + 0.949 × FBEN + 0.113 × (FAROM − FBEN)) / 100] × 1000 × EXHVOCS2

EVPBEN = HSBEN + DIBEN

HSBEN = FBEN × (EVPVOCS2 × 0.679) × 1000 × [(1.4448 − (0.0684 × MTBE / 2.0) − (0.080274 × RVP)) / 100]

DIBEN = FBEN × (EVPVOCS2 × 0.321) × 1000 × [(1.3758 − (0.0579 × MTBE / 2.0) − (0.080274 × RVP)) / 100]

RLBEN = FBEN × RLVOCS2 × 1000 × [(1.4448 − (0.0684 × MTBE / 2.0) − (0.080274 × RVP)) / 100]

REFBEN = FBEN × REFVOCS2 × 1000 × [(1.3972 − (0.0591 × MTBE / 2.0) − (0.081507 × RVP)) / 100]

BUTA = 0.00556 × EXHVOCS2 × 1000

POM = 3.15 × EXHVOCS2

(i) For any oxygenate or mixtures of oxygenates, the formaldehyde and acetaldehyde shall be calculated with the following equations:

FORM = 0.01256 × EEXHVOCS2 × 1000 × [1 + (0.421 / 2.7) × (MTBE + TAME) + (0.358 / 3.55) × ETOH + (0.137 / 2.7) × (ETBE + ETAE)]

ACET = 0.00891 × EXHVOCS2 × 1000 × [1 + (0.078 / 2.7) × (MTBE + TAME) + (0.865 / 3.55) × ETOH + (0.867 / 2.7) × (ETBE + ETAE)]

(ii) When calculating formaldehyde and acetaldehyde emissions using the equations in paragraph (b)(2)(i) of this section, oxygen in the form of alcohols which are more complex or have higher molecular weights than ethanol shall be evaluated as if it were in the form of ethanol. Oxygen in the form of methyl ethers other than TAME and MTBE shall be evaluated as if it were in the form of MTBE. Oxygen in the form of ethyl ethers other than ETBE shall be evaluated as if it were in the form of ETBE. Oxygen in the form of non-methyl, non-ethyl ethers shall be evaluated as if it were in the form of ETBE. Oxygen in the form of methanol or non-alcohol, non-ether oxygenates shall not be evaluated with the Simple Model, but instead must be evaluated through vehicle testing under the Complex Model per § 80.48.

(3) The following equations shall comprise the simple model for toxics emissions during the winter period:

TOXREDW = 100 × (55.5 − EXHBEN − FORM − ACET − BUTA − POM) / 55.5

EXHBEN = [(1.884 + 0.949 × FBEN + 0.113 × (FAROM − FBEN)) / 100] × 1000 × EXHVOCW

BUTA = 0.00556 × EXHVOCW × 1000

POM = 2.13 × EXHVOCW

(i) For any oxygenate or mixtures of oxygenates, the formaldehyde and acetaldehyde shall be calculated with the following equations:

FORM = 0.01256 × EXHVOCS1 × 1000 × [1 + (0.421 / 2.7) × (MTBE + TAME) + (0.358 / 3.55) × ETOH + (0.137 / 2.7) × (ETBE + ETAE)]

ACET = 0.00891 × EXHVOCS1 × 1000 × [1 + (0.078 / 2.7) × (MTBE + TAME) + (0.865 / 3.55) × ETOH + (0.867 / 2.7) × (ETBE + ETAE)]

(ii) When calculating formaldehyde and acetaldehyde emissions using the equations in paragraph (b)(3)(i) of this section, oxygen in the form of alcohols which are more complex or have higher molecular weights than ethanol shall be evaluated as if it were in the form of ethanol. Oxygen in the form of methyl ethers other than TAME and MTBE shall be evaluated as if it were in the form of MTBE. Oxygen in the form of ethyl ethers other than ETBE shall be evaluated as if it were in the form of ETBE. Oxygen in the form of non-methyl, non-ethyl ethers shall be evaluated as if it were in the form of ETBE. Oxygen in the form of methanol or non-alcohol, non-ether oxygenates shall not be evaluated with the Simple Model, but instead must be evaluated through vehicle testing under the Complex Model per § 80.48.

(4) If the fuel aromatics content of the fuel in question is less than 10 volume percent, then an FAROM value of 10 volume percent shall be used when evaluating the toxics emissions equations given in paragraphs (b)(1), (b)(2), and (b)(3) of this section.

(c) Limits of the model.

(1) The model given in paragraphs (a) and (b) of this section shall be used as given to determine VOC and toxics emissions, respectively, if the properties of the fuel being evaluated fall within the ranges shown in this paragraph (c). If the properties of the fuel being evaluated fall outside the range shown in this paragraph (c), the model may not be used to determine the VOC or toxics performance of the fuel:

Fuel parameter Range
Benzene content 0.0-4.9 vol %.
RVP 6.6-9.0 psi.1
Oxygenate content 0-4.0 wt %.
Aromatics content 0-55 vol %.

(2) The model given in paragraphs (a) and (b) of this section shall be effective from January 1, 1995 through December 31, 1997, unless extended by action of the Administrator.

[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36958, July 20, 1994; 61 FR 20738, May 8, 1996]

§§ 80.43-80.44 [Reserved]
§ 80.45 Complex emissions model.

(a) Definition of terms. For the purposes of this section, the following definitions shall apply:

Target fuel = The fuel which is being evaluated for its emissions performance using the complex model

OXY = Oxygen content of the target fuel in terms of weight percent

SUL = Sulfur content of the target fuel in terms of parts per million by weight

RVP = Reid Vapor Pressure of the target fuel in terms of pounds per square inch

E200 = 200 °F distillation fraction of the target fuel in terms of volume percent

E300 = 300 °F distillation fraction of the target fuel in terms of volume percent

ARO = Aromatics content of the target fuel in terms of volume percent

BEN = Benzene content of the target fuel in terms of volume percent

OLE = Olefins content of the target fuel in terms of volume percent

MTB = Methyl tertiary butyl ether content of the target fuel in terms of weight percent oxygen

ETB = Ethyl tertiary butyl ether content of the target fuel in terms of weight percent oxygen

TAM = Tertiary amyl methyl ether content of the target fuel in terms of weight percent oxygen

ETH = Ethanol content of the target fuel in terms of weight percent oxygen

exp = The function that raises the number e (the base of the natural logarithm) to the power in its domain

Phase I = The years 1995-1999

Phase II = Year 2000 and beyond

(b) Weightings and baselines for the complex model.

(1) The weightings for normal and higher emitters (w1 and w2, respectively) given in table 1 shall be used to calculate the exhaust emission performance of any fuel for the appropriate pollutant and Phase:

Table 1 - Normal and Higher Emitter Weightings for Exhaust Emissions

Phase I Phase II
VOC & toxics NOX VOC & toxics NOX
Normal Emitters (w1) 0.52 0.82 0.444 0.738
Higher Emitters (w2) 0.48 0.18 0.556 0.262

(2) The following properties of the baseline fuels shall be used when determining baseline mass emissions of the various pollutants:

Table 2 - Summer and Winter Baseline Fuel Properties

Fuel property Summer Winter
Oxygen (wt %) 0.0 0.0
Sulfur (ppm) 339 338
RVP (psi) 8.7 11.5
E200 (%) 41.0 50.0
E300 (%) 83.0 83.0
Aromatics (vol %) 32.0 26.4
Olefins (vol %) 9.2 11.9
Benzene (vol %) 1.53 1.64

(3) The baseline mass emissions for VOC, NOX and toxics given in tables 3, 4 and 5 of this paragraph (b)(3) shall be used in conjunction with the complex model during the appropriate Phase and season:

Table 3 - Baseline Exhaust Emissions

Exhaust pollutant Phase I Phase II
Summer (mg/mile) Winter (mg/mile) Summer (mg/mile) Winter (mg/mile)
VOC 446.0 660.0 907.0 1341.0
NOX 660.0 750.0 1340.0 1540.0
Benzene 26.10 37.57 53.54 77.62
Acetaldehyde 2.19 3.57 4.44 7.25
Formaldehyde 4.85 7.73 9.70 15.34
1,3-Butadiene 4.31 7.27 9.38 15.84
POM 1.50 2.21 3.04 4.50

Table 4 - Baseline Non-Exhaust Emissions (Summer Only)

Non-exhaust pollutant Phase I Phase II
Region 1 (mg/mile) Region 2 (mg/mile) Region 1 (mg/mile) Region 2 (mg/mile)
VOC 860.48 769.10 559.31 492.07
Benzene 9.66 8.63 6.24 5.50

Table 5 - Total Baseline VOC, NOX and Toxics Emissions

Pollutant Summer (mg/mile) Winter (mg/mile)
Phase I Phase II Phase I Phase II
Region 1 Region 2 Region 1 Region 2 Region 1 Region 2 Region 1 Region 2
NOX 660.0 660.0 1340.0 1340.0 750.0 750.0 1540.0 1540.0
VOC 1306.5 1215.1 1466.3 1399.1 660.0 660.0 1341.0 1341.0
Toxics 48.61 47.58 86.34 85.61 58.36 58.36 120.55 120.55

(c) VOC performance.

(1) The exhaust VOC emissions performance of gasolines shall be given by the following equations:

VOCE = VOC(b) + (VOC(b) × Yvoc(t)/100)

Yvoc(t) = [(w1 × Nv) + (w2 × Hv)−1] × 100

where

VOCE = Exhaust VOC emissions in milligrams/mile

Yvoc(t) = Exhaust VOC performance of the target fuel in terms of percentage change from baseline

VOC(b) = Baseline exhaust VOC emissions as defined in paragraph (b)(2) of this section for the appropriate Phase and season

Nv = [exp v1(t)]/[exp v1(b)]

Hv = [exp v2(t)]/[exp v2(b)]

w1 = Weighting factor for normal emitters as defined in paragraph (b)(1) of this section for the appropriate Phase

w2 = Weighting factor for higher emitters as defined in paragraph (b)(1) of this section for the appropriate Phase

v1(t) = Normal emitter VOC equation as defined in paragraph (c)(1)(i) of this section, evaluated using the target fuel's properties subject to paragraphs (c)(1) (iii) and (iv) of this section

v2(t) = Higher emitter VOC equation as defined in paragraph (c)(1)(ii) of this section, evaluated using the target fuel's properties subject to paragraphs (c)(1) (iii) and (iv) of this section

v1(b) = Normal emitter VOC equation as defined in paragraph (c)(1)(i) of this section, evaluated using the base fuel's properties

v2(b) = Higher emitter VOC equation as defined in paragraph (c)(1)(ii) of this section, evaluated using the base fuel's properties

(i) Consolidated VOC equation for normal emitters.

v1 = (−0.003641 × OXY) + (0.0005219 × SUL) + (0.0289749 × RVP) + (−0.014470 × E200) + (−0.068624 × E300) + (0.0323712 × ARO) + (−0.002858 × OLE) + (0.0001072 × E2002) + (0.0004087 × E3002) + (−0.0003481 × ARO × E300)

(ii) VOC equation for higher emitters.

v2 = (−0.003626 × OXY) + (−5.40 × 10−5 × SUL) + (0.043295 × RVP) + (−0.013504 × E200) + (−0.062327 × E300) + (0.0282042 × ARO) + (−0.002858 × OLE) + (0.000106 × E2002) + (0.000408 × E3002) + (−0.000287 × ARO × E300)

(iii) Flat line extrapolations.

(A) During Phase I, fuels with E200 values greater than 65.83 percent shall be evaluated with the E200 fuel parameter set equal to 65.83 percent when calculating Yvoc(t) and VOCE using the equations described in paragraphs (c)(1) (i) and (ii) of this section. Fuels with E300 values greater than E300* (calculated using the equation E300* = 80.32 + [0.390 × ARO]) shall be evaluated with the E300 parameter set equal to E300* when calculating VOCE using the equations described in paragraphs (c)(1) (i) and (ii) of this section. For E300* values greater than 94, the linearly extrapolated model presented in paragraph (c)(1)(iv) of this section shall be used.

(B) During Phase II, fuels with E200 values greater than 65.52 percent shall be evaluated with the E200 fuel parameter set equal to 65.52 percent when calculating VOCE using the equations described in paragraphs (c)(1) (i) and (ii) of this section. Fuels with E300 values greater than E300* (calculated using the equation E300* = 79.75 + [0.385 × ARO]) shall be evaluated with the E300 parameter set equal to E300* when calculating VOCE using the equations described in paragraphs (c)(1) (i) and (ii) of this section. For E300* values greater than 94, the linearly extrapolated model presented in paragraph (c)(1)(iv) of this section shall be used.

(C) During Phase II, fuels with an oxygen concentration greater than 4.0 weight percent and not more than 5.8 weight percent shall be evaluated with the OXY fuel parameter set equal to 4.0 percent by weight when calculating VOCE using the equations described in paragraphs (c)(1)(i) and (c)(1)(ii) of this section.

(iv) Linear extrapolations.

(A) The equations in paragraphs (c)(1) (i) and (ii) of this section shall be used within the allowable range of E300, E200, and ARO for the appropriate Phase, as defined in table 6:

Table 6 - Allowable Ranges of E200, E300, and ARO for the Exhaust VOC Equations in Paragraphs (c)(1)(i) and (ii) of This Section

Fuel parameter Phase I Phase II
Lower limit Higher limit Lower limit Higher limit
E200 33.00 65.83 33.00 65.52
E300 72.00 Variable1 72.00 Variable2
ARO 18.00 46.00 18.00 46.00

(B) For fuels with E200, E300 and/or ARO levels outside the ranges defined in table 6, YVOC(t) shall be defined:

(1) For Phase I:

YVOC(t) = 100% × 0.52 × [exp(v1(et)) / exp(v1(b)) − 1] + 100% × 0.48 × [exp(v2(et)) / exp(v2(b)) − 1] + {100% × 0.52 × [exp(v1(et)) / exp(v1(b))] × [{[(0.0002144 × E200et) − 0.014470] × ΔE200} + {[(0.0008174 × E300et) − 0.068624 − (0.000348 × AROet)] × ΔE300} + {[(−0.000348 × E300et) + .0323712] × ΔARO}]} + {100% × 0.48 × [exp(v1(et)) / exp(v2(b))}] × [{[(0.000212 × E200et) − 0.01350] × ΔE200} + {[(0.000816 × E300et) − 0.06233 − (0.00029 × AROet)] × ΔE300} + {[(−0.00029 × E300}) + 0.028204] × ΔARO}]}

(2) For Phase II:

YVOC(t) = 100% × 0.444 × [exp(v1(et)) / exp(v1(b)) − 1] + 100% × 0.556 × [exp(v2(et)) / exp(v2(b)) − 1] + {100% × 0.444 × [exp(v1(et)) / exp(v1(b))] × [{[(0.0002144 × E200et) − 0.014470] × ΔE200} + {[(0.0008174 × E300et) − 0.068624 − (0.000348 × AROet)] × ΔE300} + {[(−0.000348 × E300et) + 0.0323712] × ΔARO}]} + {100% × 0.556 × [exp(v2(et)) / exp(v2(b))] × [{[(0.000212 × E200et) − 0.01350] × ΔE200} + {[(0.000816 × E300et) − 0.06233 − (0.00029 × AROet)] × ΔE300} + {[(-0.00029 × E300et) + 0.028204] × ΔARO}]}

(C) During Phase I, the “edge target” fuel shall be identical to the target fuel for all fuel parameters, with the following exceptions:

(1) If the E200 level of the target fuel is less than 33 volume percent, then the E200 value for the “edge target” fuel shall be set equal to 33 volume percent.

(2) If the aromatics level of the target fuel is less than 18 volume percent, then the ARO value for the “edge target” fuel shall be set equal to 18 volume percent.

(3) If the aromatics level of the target fuel is greater than 46 volume percent, then the ARO value for the “edge target” fuel shall be set equal to 46 volume percent.

(4) If the E300 level of the target fuel is less than 72 volume percent, then the E300 value for the “edge target” fuel shall be set equal to 72 volume percent.

(5) If the E300 level of the target fuel is greater than 95 volume percent, then the E300 value of the target fuel shall be set equal to 95 volume percent for the purposes of calculating VOC emissions with the Phase I equation given in paragraph (c)(1)(iv)(B) of this section.

(6) If [80.32 + (0.390 × ARO)] exceeds 94 for the target fuel, and the target fuel value for E300 exceeds 94, then the E300 value for the “edge target” fuel shall be set equal to 94 volume percent.

(7) If the E200 level of the target fuel is less than 33 volume percent, then ΔE200 shall be set equal to (E200−33 volume percent).

(8) If the E200 level of the target fuel equals or exceeds 33 volume percent, then ΔE200 shall be set equal to zero.

(9) If the aromatics level of the target fuel is less than 18 volume percent, then ΔARO shall be set equal to (ARO−18 volume percent). If the aromatics level of the target fuel is less than 10 volume percent, then ΔARO shall be set equal to −8 volume percent.

(10) If the aromatics level of the target fuel is greater than 46 volume percent, then ΔARO shall be set equal to (ARO−46 volume percent).

(11) If neither of the conditions established in paragraphs (c)(1)(iv)(C)(9) and (10) of this section are met, then ΔARO shall be set equal to zero.

(12) If the E300 level of the target fuel is less than 72 percent, then ΔE300 shall be set equal to (E300−72 percent).

(13) If the E300 level of the target fuel is greater than 94 volume percent and [80.32 + (0.390xARO)] also is greater than 94, then ΔE300 shall be set equal to (E300−94 volume percent). If the E300 level of the target fuel is greater than 95 volume percent and [80.32 + (0.390 × ARO)] also is greater than 94, then ΔE300 shall be set equal to 1 volume percent.

(14) If neither of the conditions established in paragraphs (c)(1)(iv)(C)(12) and (13) of this section are met, then ΔE300 shall be set equal to zero.

(D) During Phase II, the “edge target” fuel is identical to the target fuel for all fuel parameters, with the following exceptions:

(1) If the E200 level of the target fuel is less than 33 volume percent, then the E200 value for the “edge target” fuel shall be set equal to 33 volume percent.

(2) If the aromatics level of the target fuel is less than 18 volume percent, then the ARO value for the “edge target” fuel shall be set equal to 18 volume percent.

(3) If the aromatics level of the target fuel is greater than 46 volume percent, then the ARO value for the “edge target” fuel shall be set equal to 46 volume percent.

(4) If the E300 level of the target fuel is less than 72 volume percent, then the E300 value for the “edge target” fuel shall be set equal to 72 volume percent.

(5) If the E300 level of the target fuel is greater than 95 volume percent, then the E300 value of the target fuel shall be set equal to 95 volume percent for the purposes of calculating VOC emissions with the Phase II equation given in paragraph (c)(1)(iv)(B) of this section.

(6) If [79.75 + (0.385 × ARO)] exceeds 94 for the target fuel, and the target fuel value for E300 exceeds 94, then the E300 value for the “edge target” fuel shall be set equal to 94 volume percent.

(7) If the E200 level of the target fuel is less than 33 volume percent, then ΔE200 shall be set equal to (E200−33 volume percent).

(8) If the E200 level of the target fuel equals or exceeds 33 volume percent, then ΔE200 shall be set equal to zero.

(9) If the aromatics level of the target fuel is less than 18 volume percent and greater than or equal to 10 volume percent, then ΔARO shall be set equal to (ARO−18 volume percent). If the aromatics level of the target fuel is less than 10 volume percent, then ΔARO shall be set equal to −8 volume percent.

(10) If the aromatics level of the target fuel is greater than 46 volume percent, then ΔARO shall be set equal to (ARO − 46 volume percent).

(11) If neither of the conditions established in paragraphs (c)(1)(iv)(D)(9) and (10) of this section are met, then ΔARO shall be set equal to zero.

(12) If the E300 level of the target fuel is less than 72 percent, then ΔE300 shall be set equal to (E300 − 72 percent).

(13) If the E300 level of the target fuel is greater than 94 volume percent and (79.75 + (0.385 × ARO)) also is greater than 94, then ΔE300 shall be set equal to (E300 − 94 volume percent). If the E300 level of the target fuel is greater than 95 volume percent and (79.75 + (0.385 × ARO)) also is greater than 94, then “E300 shall be set equal to 1 volume percent.

(2) The winter exhaust VOC emissions performance of gasolines shall be given by the equations presented in paragraph (c)(1) of this section with the RVP value set to 8.7 psi for both the baseline and target fuels.

(3) The nonexhaust VOC emissions performance of gasolines in VOC Control Region 1 shall be given by the following equations, where:

VOCNE1 = Total nonexhaust emissions of volatile organic compounds in VOC Control Region 1 in grams per mile

VOCDI1 = Diurnal emissions of volatile organic compounds in VOC Control Region 1 in grams per mile

VOCHS1 = Hot soak emissions of volatile organic compounds in VOC Control Region 1 in grams per mile

VOCRL1 = Running loss emissions of volatile organic compounds in VOC Control Region 1 in grams per mile

VOCRF1 = Refueling emissions of volatile organic compounds in VOC Control Region 1 in grams per mile

(i) During Phase I:

VOCNE1 = VOCDI1 + VOCHS1 + VOCRL1 + VOCRF1

VOCDI1 = [0.00736 × (RVP2)] − [0.0790 × RVP] + 0.2553

VOCHS1 = [0.01557 × (RVP2)] − [0.1671 × RVP] + 0.5399

VOCRL1 = [0.00279 × (RVP2)] + [0.1096 × RVP] − 0.7340

VOCRF1 = [0.006668 × RVP] − 0.0180

(ii) During Phase II:

VOCNE1 = VOCDI1 + VOCHS1 + VOCRL1 + VOCRF1

VOCDI1 = [0.007385 × (RVP2)] − [0.08981 × RVP] + 0.3158

VOCHS1 = [0.006654 × (RVP2)] − [0.08094 × RVP] + 0.2846

VOCRL1 = [0.017768 × (RVP2)] − [0.18746 × RVP] + 0.6146

VOCRF1 = [0.004767 × RVP] + 0.011859

(4) The nonexhaust VOC emissions performance of gasolines in VOC Control Region 2 shall be given by the following equations, where:

VOCNE2 = Total nonexhaust emissions of volatile organic compounds in VOC Control Region 2 in grams per mile

VOCDI2 = Diurnal emissions of volatile organic compounds in VOC Control Region 2 in grams per mile

VOCHS2 = Hot soak emissions of volatile organic compounds in VOC Control Region 2 in grams per mile

VOCRL2 = Running loss emissions of volatile organic compounds in VOC Control Region 2 in grams per mile

VOCRF2 = Refueling emissions of volatile organic compounds in VOC Control Region 2 in grams per mile

(i) During Phase I:

VOCNE2 = VOCDI2 + VOCHS2 + VOCRL2 + VOCRF2

VOCDI2 = [0.006818 × (RVP2)] − [0.07682 × RVP] + 0.2610

VOCHS2 = [0.014421 × (RVP2)] − [0.16248 × RVP] + 0.5520

VOCRL2 = [0.016255 × (RVP2)] − [0.1306 × RVP] + 0.2963

VOCRF2 = [0.006668 × RVP] − 0.0180

(ii) During Phase II:

VOCNE2 = VOCDI2 + VOCHS2 + VOCRL2 + VOCRF2

VOCDI2 = [0.004775 × (RVP2)] − [0.05872 × RVP] + 0.21306

VOCHS2 = [0.006078 × (RVP2)] − [0.07474 × RVP] + 0.27117

VOCRL2 = [0.016169 × (RVP2)] − [0.17206 × RVP] + 0.56724

VOCRF2 = [0.004767 × RVP] + 0.011859

(5) Winter VOC emissions shall be given by VOCE, as defined in paragraph (c)(2) of this section, using the appropriate baseline emissions given in paragraph (b)(3) of this section. Total nonexhaust VOC emissions shall be set equal to zero under winter conditions.

(6) Total VOC emissions.

(i) Total summer VOC emissions shall be given by the following equations:

VOCS1 = (VOCE / 1000) + VOCNE1

VOCS2 = (VOCE / 1000) + VOCNE2

VOCS1 = Total summer VOC emissions in VOC Control Region 1 in terms of grams per mile

VOCS2 = Total summer VOC emissions in VOC Control Region 2 in terms of grams per mile

(ii) Total winter VOC emissions shall be given by the following equations:

VOCW = (VOCE/1000)

VOCW = Total winter VOC emissions in terms of grams per mile

(7) Phase I total VOC emissions performance.

(i) The total summer VOC emissions performance of the target fuel in percentage terms from baseline levels shall be given by the following equations during Phase I:

VOCS1% = [100% × (VOCS1−1.306 g/mi)]/(1.306 g/mi)

VOCS2% = [100% × (VOCS2−1.215 g/mi)]/(1.215 g/mi)

VOC1% = Percentage change in VOC emissions from baseline levels in VOC Control Region 1

VOC2% = Percentage change in VOC emissions from baseline levels in VOC Control Region 2

(ii) The total winter VOC emissions performance of the target fuel in percentage terms from baseline levels shall be given by the following equations during Phase I:

VOCW% = [100% × (VOCW−0.660 g/mi)]/(0.660 g/mi)

VOCW% = Percentage change in winter VOC emissions from baseline levels

(8) Phase II total VOC emissions performance.

(i) The total summer VOC emissions performance of the target fuel in percentage terms from baseline levels shall be given by the following equations during Phase II:

VOCS1% = [100% × (VOCS1−1.4663 g/mi)]/(1.4663 g/mi)

VOCS2% = [100% × (VOCS2−1.3991 g/mi)]/(1.3991 g/mi)

(ii) The total winter VOC emissions performance of the target fuel in percentage terms from baseline levels shall be given by the following equation during Phase II:

VOCW% = [100% × (VOC −1.341 g/mi)] / (1.341 g/mi)

(d) NOX performance.

(1) The summer NOX emissions performance of gasolines shall be given by the following equations:

NOX = NOX(b) + [NOX(b) × Y(t)/100]

YNOX(t) = [(w1 × Nn) + (w2 × Hn)−1] × 100

where

NOX = NOX emissions in milligrams/mile

YNOx(t) = NOX performance of target fuel in terms of percentage change from baseline

NOX(b) = Baseline NOX emissions as defined in paragraph (b)(2) of this section for the appropriate phase and season

Nn = exp n1(t)/exp n1(b)

Hn = exp n2(t)/exp n2(b)

w1 = Weighting factor for normal emitters as defined in paragraph (b)(1) of this section for the appropriate Phase

w2 = Weighting factor for higher emitters as defined in paragraph (b)(1) of this section for the appropriate Phase

n1(t) = Normal emitter NOX equation as defined in paragraph (d)(1)(i) of this section, evaluated using the target fuel's properties subject to paragraphs (d)(1)(iii) and (iv) of this section

n2(t) = Higher emitter NOX equation as defined in paragraph (d)(1)(ii) of this section, evaluated using the target fuel's properties subject to paragraphs (d)(1)(iii) and (iv) of this section

n1(b) = Normal emitter NOX equation as defined in paragraph (d)(1)(i) of this section, evaluated using the base fuel's properties

n2(b) = Higher emitter NOX equation as defined in paragraph (d)(1)(ii) of this section, evaluated using the base fuel's properties

(i) Consolidated equation for normal emitters.

n1 = (0.0018571 × OXY) + (0.0006921 × SUL) + (0.0090744 × RVP) + (0.0009310 × E200) + (0.0008460 × E300) + (0.0083632 × ARO) + (−0.002774 × OLE) + (−6.63 × 10−7 × SUL2) + (−0.000119 × ARO2) + (0.0003665 × OLE2)

(ii) Equation for higher emitters.

n2 = (−0.00913 × OXY) + (0.000252 × SUL) + (−0.01397 × RVP) + (0.000931 × E200) + (−0.00401 × E300) + (0.007097 × ARO) + (−0.00276 × OLE) + (0.0003665 × OLE2) + (−7.995 × 10−5 × ARO2)

(iii) Flat line extrapolations.

(A) During Phase I, fuels with olefin levels less than 3.77 volume percent shall be evaluated with the OLE fuel parameter set equal to 3.77 volume percent when calculating NOX performance using the equations described in paragraphs (d)(1)(i) and (ii) of this section. Fuels with aromatics levels greater than 36.2 volume percent shall be evaluated with the ARO fuel parameter set equal to 36.2 volume percent when calculating NOX performance using the equations described in paragraphs (d)(1)(i) and (ii) of this section.

(B) During Phase II, fuels with olefin levels less than 3.77 volume percent shall be evaluated with the OLE fuel parameter set equal to 3.77 volume percent when calculating NOX performance using the equations described in paragraphs (d)(1)(i) and (ii) of this section. Fuels with aromatics levels greater than 36.8 volume percent shall be evaluated with the ARO fuel parameter set equal to 36.8 volume percent when calculating NOX performance using the equations described in paragraphs (d)(1)(i) and (ii) of this section.

(iv) Linear extrapolations.

(A) The equations in paragraphs (d)(1)(i) and (ii) of this section shall be used within the allowable range of SUL, OLE, and ARO for the appropriate Phase, as defined in the following table 7:

Table 7 - Allowable Ranges of SUL, OLE, and ARO for the NOX Equations in Paragraphs/(d)(1)(i) and (ii) of This Section

Fuel parameter Phase I Phase II
Low end High end Low end High end
SUL 10.0 450.0 10.0 450.0
OLE 3.77 19.0 3.77 19.0
ARO 18.0 36.2 18.0 36.8

(B) For fuels with SUL, OLE, and/or ARO levels outside the ranges defined in Table 7 of paragraph (d)(1)(iv)(A) of this section, YNOx(t) shall be defined as:

(1) For Phase I:

YNOx(t) = 100% × 0.82 × [exp(n1(et))/exp(n1(b)) − 1]

+ 100% × 0.18 × [exp(n2(et))/exp(n2(b)) − 1]

+ {100% × 0.82 × [exp(n1(et))/exp(n1(b))] × [{[(−0.00000133 × SULet) + 0.000692] × ΔSUL}

+ {[(−0.000238 × AROet) + 0.0083632] × ΔARO}

+ {[(0.000733 × OLEet) − 0.002774] × ΔOLE}]}

+ {100% × 0.18 × [exp(n2(et))/exp(n2(b))]

× [{0.000252 × ΔSUL} +

+ {[(−0.0001599 × AROet) + 0.007097] × ΔARO}

+ {[(0.000732 × OLEet) − 0.00276] × ΔOLE}]}

(2) For Phase II:

YNOX(t) = 100% × 0.738 × [exp(n1(et))/exp(n1(b)) − 1]

+ 100% × 0.262 × [exp(n2(et)/exp(n2(b)) − 1]

+ [100% × 0.738 × [exp(n1(et))/exp(n1(b))]

× [{[(−0.00000133 × SULet) + 0.000692] × ΔSUL}

+ {[(−0.000238 × AROet) + 0.0083632] × ΔARO}

+ {[(0.000733 × OLEet) − 0.002774] × ΔOLE}]}

+ {100% × 0.262 × [exp(n2(et))/exp(n2(b))]

× [{0.000252 × ΔSUL} +

× [{(−0.0001599 × AROet) + 0.007097] × ΔARO}

+ {[(0.000732 × OLEet) − 0.00276] × ΔOLE}]}

Where:

n1, n2 = The equations defined in paragraphs (d)(1) (i) and (ii) of this section.

et = Collection of fuel parameters for the “edge target” fuel. These parameters are defined in paragraphs (d)(1)(iv) (C) and (D) of this section.

n1(et) = The function n1 evaluated with “edge target” fuel parameters, which are defined in paragraph (d)(1)(iv)(C) of this section.

n2(et) = The function n2 evaluated with “edge target” fuel parameters, which are defined in paragraph (d)(1)(iv)(C) of this section.

n1(b) = The function n1 evaluated with the appropriate baseline fuel parameters defined in paragraph (b)(2) of this section.

n2(b) = The function n2 evaluated with the appropriate baseline fuel parameters defined in paragraph (b)(2) of this section.

SULet = The value of SUL for the “edge target” fuel, as defined in paragraph (d)(1)(iv)(C) of this section.

AROet = The value of ARO for the “edge target” fuel, as defined in paragraph (d)(1)(iv)(C) of this section.

OLEet = The value of OLE for the “edge target” fuel, as defined in paragraph (d)(1)(iv)(C) of this section.

(C) For both Phase I and Phase II, the “edge target” fuel is identical to the target fuel for all fuel parameters, with the following exceptions:

(1) If the sulfur level of the target fuel is less than 10 parts per million, then the value of SUL for the “edge target” fuel shall be set equal to 10 parts per million.

(2) If the sulfur level of the target fuel is greater than 450 parts per million, then the value of SUL for the “edge target” fuel shall be set equal to 450 parts per million.

(3) If the aromatics level of the target fuel is less than 18 volume percent, then the value of ARO for the “edge target” fuel shall be set equal to 18 volume percent.

(4) If the olefins level of the target fuel is greater than 19 volume percent, then the value of OLE for the “edge target” fuel shall be set equal to 19 volume percent.

(5) If the E300 level of the target fuel is greater than 95 volume percent, then the E300 value of the target fuel shall be set equal to 95 volume percent for the purposes of calculating NOX emissions with the equations given in paragraph (d)(1)(iv)(B) of this section.

(6) If the sulfur level of the target fuel is less than 10 parts per million, then ΔSUL shall be set equal to (SUL−10 parts per million).

(7) If the sulfur level of the target fuel is greater than 450 parts per million, then ΔSUL shall be set equal to (SUL−450 parts per million).

(8) If the sulfur level of the target fuel is neither less than 10 parts per million nor greater than 450 parts per million, ΔSUL shall be set equal to zero.

(9) If the aromatics level of the target fuel is less than 18 volume percent and greater than 10 volume percent, then ΔARO shall be set equal to (ARO−18 volume percent). If the aromatics level of the target fuel is less than 10 volume percent, then ΔARO shall be set equal to −8 volume percent.

(10) If the aromatics level of the target fuel is greater than or equal to 18 volume percent, then ΔARO shall be set equal to zero.

(11) If the olefins level of the target fuel is greater than 19 volume percent, then ΔOLE shall be set equal to (OLE−19 volume percent).

(12) If the olefins level of the target fuel is less than or equal to 19 volume percent, then ΔOLE shall be set equal to zero.

(2) The winter NOX emissions performance of gasolines shall be given by the equations presented in paragraph (d)(1) of this section with the RVP value set to 8.7 psi.

(3) The NOX emissions performance of the target fuel in percentage terms from baseline levels shall be given by the following equations:

For Phase I:

Summer NOX% = [100% × (NOX−0.660 g/mi)]/(0.660 g/mi)

Winter NOX% = [100% × (NOX−0.750 g/mi)]/(0.750 g/mi)

For Phase II:

Summer NOX% = [100% × (NOX−1.340 g/mi)]/(1.340 g/mi)

Winter NOX% = [100% × (NOX−1.540 g/mi)]/(1.540 g/mi)

Summer NOX% = Percentage change in NOX emissions from summer baseline levels

Winter NOX% = Percentage change in NOX emissions from winter baseline levels

(e) Toxics performance -

(1) Summer toxics performance.

(i) Summer toxic emissions performance of gasolines in VOC Control Regions 1 and 2 shall be given by the following equations:

TOXICS1 = EXHBZ + FORM + ACET + BUTA + POM + NEBZ1

TOXICS2 = EXHBZ + FORM + ACET + BUTA + POM + NEBZ2

where

TOXICS1 = Summer toxics performance in VOC Control Region 1 in terms of milligrams per mile.

TOXICS2 = Summer toxics performance in VOC Control Region 2 in terms of milligrams per mile.

EXHBZ = Exhaust emissions of benzene in terms of milligrams per mile, as determined in paragraph (e)(4) of this section.

FORM = Emissions of formaldehyde in terms of milligrams per mile, as determined in paragraph (e)(5) of this section.

ACET = Emissions of acetaldehyde in terms of milligrams per mile, as determined in paragraph (e)(6) of this section.

BUTA = Emissions of 1,3-butadiene in terms of milligrams per mile, as determined in paragraph (e)(7) of this section.

POM = Polycyclic organic matter emissions in terms of milligrams per mile, as determined in paragraph (e)(8) of this section.

NEBZ1 = Nonexhaust emissions of benzene in VOC Control Region 1 in milligrams per mile, as determined in paragraph (e)(9) of this section.

NEBZ2 = Nonexhaust emissions of benzene in VOC Control Region 2 in milligrams per mile, as determined in paragraph (e)(10) of this section.

(ii) The percentage change in summer toxics performance in VOC Control Regions 1 and 2 shall be given by the following equations:

For Phase I:

TOXICS1% = [100% × (TOXICS1 −48.61 mg/mi)]/(48.61 mg/mi)

TOXICS2% = [100% × (TOXICS2 − 47.58 mg/mi)] / (47.58 mg/mi)

For Phase II:

TOXICS1% = [100% × (TOXICS1 − 86.34 mg/mi)] / (86.34 mg/mi)

TOXICS2% = [100% × (TOXICS2 − 85.61 mg/mi)]/(85.61 mg/mi)

where

TOXICS1% = Percentage change in summer toxics emissions in VOC Control Region 1 from baseline levels.

TOXICS2% = Percentage change in summer toxics emissions in VOC Control Region 2 from baseline levels.

(2) Winter toxics performance.

(i) Winter toxic emissions performance of gasolines in VOC Control Regions 1 and 2 shall be given by the following equation, evaluated with the RVP set at 8.7 psi:

TOXICW = [EXHBZ + FORM + ACET + BUTA + POM]

where

TOXICW = Winter toxics performance in VOC Control Regions 1 and 2 in terms of milligrams per mile.

EXHBZ = Exhaust emissions of benzene in terms of milligrams per mile, as determined in paragraph (e)(4) of this section.

FORM = Emissions of formaldehyde in terms of milligrams per mile, as determined in paragraph (e)(5) of this section.

ACET = Emissions of acetaldehyde in terms of milligrams per mile, as determined in paragraph (e)(6) of this section.

BUTA = Emissions of 1,3-butadiene in terms of milligrams per mile, as determined in paragraph (e)(7) of this section.

POM = Polycyclic organic matter emissions in terms of milligrams per mile, as determined in paragraph (e)(8) of this section.

(ii) The percentage change in winter toxics performance in VOC Control Regions 1 and 2 shall be given by the following equation:

For Phase I:

TOXICW% = [100% × (TOXICW−58.36 mg/mi)] / (58.36 mg/mi)

For Phase II:

TOXICW% = [100% × (TOXICW−120.55 mg/mi)] / (120.55 mg/mi)

where

TOXICW% = Percentage change in winter toxics emissions in VOC Control Regions 1 and 2 from baseline levels.

(3) The year-round toxics performance in VOC Control Regions 1 and 2 shall be derived from volume-weighted performances of individual batches of fuel as described in § 80.67(g).

(4) Exhaust benzene emissions shall be given by the following equation, subject to paragragh (e)(4)(iii) of this section:

EXHBZ = BENZ(b) + (BENZ(b) × YBEN(t)/100)

YBEN(t) = [(w1 × Nb) + (w2 × Hb) − 1] × 100

where

EXHBZ = Exhaust benzene emissions in milligrams/mile

YBEN(t) = Benzene performance of target fuel in terms of percentage change from baseline.

BENZ(b) = Baseline benzene emissions as defined in paragraph (b)(2) of this section for the appropriate phase and season.

Nb = exp b1(t)/exp b1(b)

Hb = exp b2(t)/exp b2(b)

w1 = Weighting factor for normal emitters as defined in paragraph (b)(1) of this section for the appropriate Phase.

w2 = Weighting factor for higher emitters as defined in paragraph (b)(1) of this section for the appropriate Phase.

b1(t) = Normal emitter benzene equation, as defined in paragraph (e)(4)(i) of this section, evaluated using the target fuel's properties subject to paragraph (e)(4)(iii) of this section.

b2(t) = Higher emitter benzene equation as defined in paragraph (e)(4)(ii) of this section, evaluated using the target fuel's properties subject to paragraph (e)(4)(iii) of this section.

b1(b) = Normal emitter benzene equation as defined in paragraph (e)(4)(i) of this section, evaluated for the base fuel's properties.

b2(b) = Higher emitter benzene equation, as defined in paragraph (e)(4)(ii) of this section, evaluated for the base fuel's properties.

(i) Consolidated equation for normal emitters.

b1 = (0.0006197 × SUL) + (−0.003376 × E200) + (0.0265500 × ARO) + (0.2223900 × BEN)

(ii) Equation for higher emitters.

b2 = (−0.096047 × OXY) + (0.0003370 × SUL) + (0.0112510 × E300) + (0.0118820 × ARO) + (0.2223180 × BEN)

(iii) If the aromatics value of the target fuel is less than 10 volume percent, then an aromatics value of 10 volume percent shall be used when evaluating the equations given in paragraphs (e)(4) (i) and (ii) of this section. If the E300 value of the target fuel is greater than 95 volume percent, then an E300 value of 95 volume percent shall be used when evaluating the equations in paragraphs (e)(4)(i) and (ii) of this section.

(5) Formaldehyde mass emissions shall be given by the following equation, subject to paragraphs (e)(5) (iii) and (iv) of this section:

FORM = FORM(b) + (FORM(b) × YFORM(t) / 100)

YFORM(t) = [(w1 × Nf) + (w2 × Hf) − 1] × 100

where

FORM = Exhaust formaldehyde emissions in terms of milligrams/mile.

YFORM(t) = Formaldehyde performance of target fuel in terms of percentage change from baseline.

FORM(b) = Baseline formaldehyde emissions as defined in paragraph (b)(2) of this section for the appropriate Phase and season.

Nf = exp f1(t)/exp f1(b)

Hf = exp f2(t)/exp f2(b)

w1 = Weighting factor for normal emitters as defined in paragraph (b)(1) of this section for the appropriate Phase.

w2 = Weighting factor for higher emitters as defined in paragraph (b)(1) of this section for the appropriate Phase.

f1(t) = Normal emitter formaldehyde equation as defined in paragraph (e)(5)(i) of this section, evaluated using the target fuel's properties subject to paragraphs (e)(5) (iii) and (iv) of this section.

f2(t) = Higher emitter formaldehyde equation as defined in paragraph (e)(5)(ii) of this section, evaluated using the target fuel's properties subject to paragraphs (e)(5) (iii) and (iv) of this section.

f1(b) = Normal emitter formaldehyde equation as defined in paragraph (e)(5)(i) of this section, evaluated for the base fuel's properties.

f2(b) = Higher emitter formaldehyde equation as defined in paragraph (e)(5)(ii) of this section, evaluated for the base fuel's properties.

(i) Consolidated equation for normal emitters.

f1 = (−0.010226 × E300) + (−0.007166 × ARO) + (0.0462131 × MTB)

(ii) Equation for higher emitters.

f2 = (−0.010226 × E300) + (−0.007166 × ARO) + (−0.031352 × OLE) + (0.0462131 × MTB)

(iii) If the aromatics value of the target fuel is less than 10 volume percent, then an aromatics value of 10 volume percent shall be used when evaluating the equations given in paragraphs (e)(5) (i) and (ii) of this section. If the E300 value of the target fuel is greater than 95 volume percent, then an E300 value of 95 volume percent shall be used when evaluating the equations given in paragraphs (e)(5) (i) and (ii) of this section.

(iv) When calculating formaldehyde emissions and emissions performance, oxygen in the form of alcohols which are more complex or have higher molecular weights than ethanol shall be evaluated as if it were in the form of ethanol. Oxygen in the form of methyl ethers other than TAME and MTBE shall be evaluated as if it were in the form of MTBE. Oxygen in the form of ethyl ethers other than ETBE shall be evaluated as if it were in the form of ETBE. Oxygen in the form of non-methyl, non-ethyl ethers shall be evaluated as if it were in the form of ETBE. Oxygen in the form of methanol or non-alcohol, non-ether oxygenates shall not be evaluated with the Complex Model, but instead must be evaluated through vehicle testing per § 80.48.

(6) Acetaldehyde mass emissions shall be given by the following equation, subject to paragraphs (e)(6) (iii) and (iv) of this section:

ACET = ACET(b) + (ACET(b) × YACET(t)/100)

YACET(t) = [(w1 × Na) + (w2 × Ha)−1] × 100

where

ACET = Exhaust acetaldehyde emissions in terms of milligrams/mile

YACET(t) = Acetaldehyde performance of target fuel in terms of percentage change from baseline

ACET(b) = Baseline acetaldehyde emissions as defined in paragraph (b)(2) of this section for the appropriate phase and season

Na = exp a1(t)/exp a1(b)

Ha = exp a2(t)/exp a2(b)

w1 = Weighting factor for normal emitters as defined in paragraph (b)(1) of this section for the appropriate phase

w2 = Weighting factor for higher emitters as defined in paragraph (b)(1) of this section for the appropriate phase

a1(t) = Normal emitter acetaldehyde equation as defined in paragraph (e)(6)(i) of this section, evaluated using the target fuel's properties, subject to paragraphs (e)(6) (iii) and (iv) of this section

a2(t) = Higher emitter acetaldehyde equation as defined in paragraph (e)(6)(ii) of this section, evaluated using the target fuel's properties, subject to paragraphs (e)(6) (iii) and (iv) of this section

a1(b) = Normal emitter acetaldehyde equation as defined in paragraph (e)(6)(i) of this section, evaluated for the base fuel's properties

f2(b) = Higher emitter acetaldehyde equation as defined in paragraph (e)(6)(ii) of this section, evaluated for the base fuel's properties

(i) Consolidated equation for normal emitters.

a1 = (0.0002631 × SUL) + (0.0397860 × RVP) + (−0.012172 × E300) + (−0.005525 × ARO) + (−0.009594 × MTB) + (0.3165800 × ETB) + (0.2492500 × ETH)

(ii) Equation for higher emitters.

a2 = (0.0002627 × SUL) + (−0.012157 × E300) + (−0.005548 × ARO) + (−0.055980 × MTB) + (0.3164665 × ETB) + (0.2493259 × ETH)

(iii) If the aromatics value of the target fuel is less than 10 volume percent, then an aromatics value of 10 volume percent shall be used when evaluating the equations given in paragraphs (e)(6) (i) and (ii) of this section. If the E300 value of the target fuel is greater than 95 volume percent, then an E300 value of 95 volume percent shall be used when evaluating the equations given in paragraphs (e)(6) (i) and (ii) of this section.

(iv) When calculating acetaldehyde emissions and emissions performance, oxygen in the form of alcohols which are more complex or have higher molecular weights than ethanol shall be evaluated as if it were in the form of ethanol. Oxygen in the form of methyl ethers other than TAME and MTBE shall be evaluated as if it were in the form of MTBE. Oxygen in the form of ethyl ethers other than ETBE shall be evaluated as if it were in the form of ETBE. Oxygen in the form of non-methyl, non-ethyl ethers shall be evaluated as if it were in the form of ETBE. Oxygen in the form of methanol or non-alcohol, non-ether oxygenates shall not be evaluated with the Complex Model, but instead must be evaluated through vehicle testing per § 80.48.

(7) 1,3-butadiene mass emissions shall be given by the following equations, subject to paragraph (e)(7)(iii) of this section:

BUTA = BUTA(b) + (BUTA(b) × YBUTA(t)/100)

YBUTA(t) = [(w1 × Nd) + (w2 × Hd)−1] × 100

where

BUTA = Exhaust 1,3-butadiene emissions in terms of milligrams/mile

YBUTA(t) = 1,3-butadiene performance of target fuel in terms of percentage change from baseline

BUTA(b) = Baseline 1,3-butadiene emissions as defined in paragraph (b)(2) of this section for the appropriate phase and season

Nd = exp d1(t)/exp d1(b)

Hd = exp d2(t)/exp d2(b)

w1 = eighting factor for normal emitters as defined in paragraph (b)(1) of this section for the appropriate phase

w2 = Weighting factor for higher emitters as defined in paragraph (b)(1) of this section for the appropriate Phase.

d1(t) = Normal emitter 1,3-butadiene equation as defined in paragraph (e)(7)(i) of this section, evaluated using the target fuel's properties, subject to paragraph (e)(7)(iii) of this section.

d2(t) = Higher emitter 1,3-butadiene equation as defined in paragraph (e)(7)(ii) of this section, evaluated using the target fuel's properties, subject to paragraph (e)(7)(iii) of this section.

d1(b) = Normal emitter 1,3-butadiene equation as defined in paragraph (e)(7)(i) of this section, evaluated for the base fuel's properties.

d2(b) = Higher emitter 1,3-butadiene equation as defined in paragraph (e)(7)(ii) of this section, evaluated for the base fuel's properties.

(i) Consolidated equation for normal emitters.

d1 = (0.0001552 × SUL) + (−0.007253 × E200) + (−0.014866 × E300) + (−0.004005 × ARO) + (0.0282350 × OLE)

(ii) Equation for higher emitters.

d2 = (−0.060771 × OXY) + (−0.007311 × E200) + (−0.008058 × E300) + (−0.004005 × ARO) + (0.0436960 × OLE)

(iii) If the aromatics value of the target fuel is less than 10 volume percent, then an aromatics value of 10 volume percent shall be used when evaluating the equations given in paragraphs (e)(7) (i) and (ii) of this section. If the E300 value of the target fuel is greater than 95 volume percent, then an E300 value of 95 volume percent shall be used when evaluating the equations given in paragraphs (e)(7) (i) and (ii) of this section.

(8) Polycyclic organic matter mass emissions shall be given by the following equation:

POM = 0.003355 × VOCE

POM = Polycyclic organic matter emissions in terms of milligrams per mile

VOCE = Non-methane, non-ethane exhaust emissions of volatile organic compounds in grams per mile.

(9) Nonexhaust benzene emissions in VOC Control Region 1 shall be given by the following equations for both Phase I and Phase II:

NEBZ1 = DIBZ1 + HSBZ1 + RLBZ1 + RFBZ1

HSBZ1 = 10 × BEN × VOCHS1 × [(−0.0342 × MTB) + (−0.080274 × RVP) + 1.4448]

DIBZ1 = 10 × BEN × VOCD11 × [(−0.0290 × MTB) + (−0.080274 × RVP) + 1.3758]

RLBZ1 = 10 × BEN × VOCRL1 × [(−0.0342 × MTB) + (−0.080274 × RVP) + 1.4448]

RFBZ1 = 10 × BEN × VOCRF1 × [(−0.0296 × MTB) + (−0.081507 × RVP) + 1.3972

where

NEBZ1 = Nonexhaust emissions of volatile organic compounds in VOC Control Region 1 in milligrams per mile.

DIBZ1 = Diurnal emissions of volatile organic compounds in VOC Control Region 1 in milligrams per mile.

HSBZ1 = Hot soak emissions of volatile organic compounds in VOC Control Region 1 in milligrams per mile.

RLBZ1 = Running loss emissions of volatile organic compounds in VOC Control Region 1 in milligrams per mile.

RFBZ1 = Refueling emissions of volatile organic compounds in VOC Control Region 1 in grams per mile.

VOCDI1 = Diurnal emissions of volatile organic compounds in VOC Control Region 1 in milligrams per mile, as determined in paragraph (c)(3) of this section.

VOCHS1 = Hot soak emissions of volatile organic compounds in VOC Control Region 1 in milligrams per mile, as determined in paragraph (c)(3) of this section.

VOCRL1 = Running loss emissions of volatile organic compounds in VOC Control Region 1 in milligrams per mile, as determined in paragraph (c)(3) of this section.

VOCRF1 = Refueling emissions of volatile organic compounds in VOC Control Region 1 in milligrams per mile, as determined in paragraph (c)(3) of this section.

(10) Nonexhaust benzene emissions in VOC Control Region 2 shall be given by the following equations for both Phase I and Phase II:

NEBZ2 = DIBZ2 + HSBZ2 + RLBZ2 + RFBZ2

HSBZ2 = 10 × BEN × VOCHS2 × [(−0.0342 × MTB) + (−0.080274 × RVP) + 1.4448]

DIBZ2 = 10 × BEN × VOCD12 × [(−0.0290 × MTB) + (−0.080274 × RVP) + 1.3758]

RLBZ2 = 10 × BEN × VOCRL2 × [(−0.0342 × MTB) + (−0.080274 × RVP) + 1.4448]

RFBZ2 = 10 × BEN × VOCRF2 × [(−0.0296 × MTB) + (−0.081507 × RVP) + 1.3972

where

NEBZ2 = Nonexhaust emissions of volatile organic compounds in VOC Control Region 2 in milligrams per mile.

DIBZ2 = Diurnal emissions of volatile organic compounds in VOC Control Region 2 in milligrams per mile.

HSBZ2 = Hot soak emissions of volatile organic compounds in VOC Control Region 2 in milligrams per mile.

RLBZ2 = Running loss emissions of volatile organic compounds in VOC Control Region 2 in milligrams per mile.

RFBZ2 = Refueling emissions of volatile organic compounds in VOC Control Region 2 in grams per mile.

VOCDI2 = Diurnal emissions of volatile organic compounds in VOC Control Region 2 in milligrams per mile, as determined in paragraph (c)(4) of this section.

VOCHS2 = Hot soak emissions of volatile organic compounds in VOC Control Region 2 in milligrams per mile, as determined in paragraph (c)(4) of this section.

VOCRL2 = Running loss emissions of volatile organic compounds in VOC Control Region 2 in milligrams per mile, as determined in paragraph (c)(4) of this section.

VOCRF2 = Refueling emissions of volatile organic compounds in VOC Control Region 2 in milligrams per mile, as determined in paragraph (c)(4) of this section.

(f) Limits of the model.

(1) The equations described in paragraphs (c), (d), and (e) of this section shall be valid only for fuels with fuel properties that fall in the following ranges for reformulated gasolines and conventional gasolines:

(i) For reformulated gasolines:

Fuel property Acceptable range
Oxygen 0.0-5.8 weight percent.
Sulfur 0.0-500.0 parts per million by weight.
RVP 6.4-10.0 pounds per square inch.
E200 30.0-70.0 percent evaporated.
E300 70.0-100.0 percent evaporated.
Aromatics 0.0-50.0 volume percent.
Olefins 0.0-25.0 volume percent.
Benzene 0.0-2.0 volume percent.

(ii) For conventional gasoline:

Fuel property Acceptable range
Oxygen 0.0-5.8 weight percent.
Sulfur 0.0-1000.0 parts per million by weight.
RVP 6.4-11.0 pounds per square inch.
E200 30.0-70.0 evaporated percent.
E300 70.0-100.0 evaporated percent.
Aromatics 0.0-55.0 volume percent.
Olefins 0.0-30.0 volume percent.
Benzene 0.0-4.9 volume percent.

(2) Fuels with one or more properties that do not fall within the ranges described in above shall not be certified or evaluated for their emissions performance using the complex emissions model described in paragraphs (c), (d), and (e) of this section.

[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36959, July 20, 1994; 62 FR 68206, Dec. 31, 1997; 71 FR 74566, Dec. 15, 2005; 76 FR 44443, July 25, 2011]

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

(a) Sulfur. Sulfur content of gasoline and butane must be determined by use of the following methods:

(1)

(i) Through December 31, 2015, the sulfur content of gasoline must be determined by ASTM D2622.

(ii) Beginning January 1, 2016, the sulfur content of gasoline must be determined by a test method approved under § 80.47.

(2)

(i) Through December 31, 2015, the sulfur content of butane must be determined by ASTM D6667.

(ii) Beginning January 1, 2016, the sulfur content of butane must be determined by a test method approved under § 80.47.

(b) Olefins. Olefin content must be determined by use of the following methods:

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

(2) Beginning January 1, 2016, olefin content must be determined by a test method approved under § 80.47.

(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.

(2) Beginning January 1, 2016, RVP must be determined by a test method approved under § 80.47, except as provided in paragraph (c)(2)(i) of this section.

(i) For reporting purposes, the RVP test result computed from § 80.47 must continue to utilize the RVP correction equation in paragraph (c)(1) of this section.

(ii) [Reserved]

(d) Distillation. Distillation parameters must be determined by use of the following test methods:

(1) Through December 31, 2015, distillation parameters must be determined using ASTM D86.

(2) Beginning January 1, 2016, distillation parameters must be determined by a test method approved under § 80.47. (Note: The precision estimates for reproducibility in ASTM D86-12 do not apply; see § 80.47(h).)

(e) Benzene. Benzene content must be determined by use of the following test methods:

(1) Through December 31, 2015, benzene content must be determined using ASTM D3606, except that 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.

(2) Beginning January 1, 2016, benzene content must be determined by a test method approved under § 80.47.

(f) Aromatic content. Aromatic content must be determined by use of the following methods:

(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.

(2) Beginning January 1, 2016, aromatic content must be determined by a test method approved under § 80.47.

(g) Oxygen and oxygenate content analysis. Oxygen and oxygenate content must be determined by use of the following methods:

(1) Through December 31, 2015, oxygen and oxygenate content must be determined using ASTM D5599.

(2) Beginning January 1, 2016, oxygen and oxygenate content must be determined by a test method approved under § 80.47.

(h) Materials incorporated by reference. The published materials identified in this section are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, a document must be published in the Federal Register and the material must be available to the public. All approved materials are available for inspection at the Air and Radiation Docket and Information Center (Air Docket) in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742. These approved materials are also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials are available from the sources listed below.

(1) ASTM International material. The following standards are available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://www.astm.org:

(i) ASTM D86-12, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved December 1, 2012 (“ASTM D86”).

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

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

(iv-v) [Reserved]

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

(vii-viii) [Reserved]

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

(x) [Reserved]

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

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

(xiii) [Reserved]

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

(xv-xvi) [Reserved]

(2) [Reserved]

[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36961, July 20, 1994; 61 FR 58306, Nov. 13, 1996; 63 FR 63793, Nov. 17, 1998; 65 FR 6822, Feb. 10, 2000; 65 FR 53189, Sept. 1, 2000; 66 FR 17263, Mar. 29, 2001; 67 FR 8737, Feb. 26, 2002; 67 FR 40181, June 12, 2002; 68 FR 56781, Oct. 2, 2003; 68 FR 57819, Oct. 7, 2003; 71 FR 16499, Apr. 3, 2006; 73 FR 74355, Dec. 8, 2008; 74 FR 6233, Feb. 6, 2009; 76 FR 65385, Oct. 21, 2011; 79 FR 23632, Apr. 28, 2014; 80 FR 9090, Feb. 19, 2015; 85 FR 7070, Feb. 6, 2020]

§ 80.47 Performance-based Analytical Test Method Approach.

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

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

(1) Performance-based Analytical Test Method Approach means a measurement system based upon established performance criteria for accuracy and precision with use of analytical test methods. As used in this subpart, this is a measurement system used by laboratories to demonstrate that a particular analytical test method is acceptable for demonstrating compliance.

(2) Accuracy means the closeness of agreement between an observed value from a single test measurement and an accepted reference value.

(3) Precision means the degree of agreement in a set of measurements performed on the same property of identical test material.

(4) Absolute fuel parameter means a fuel parameter for which a gravimetric standard is practical to construct and use. Sulfur content of gasoline, butane, or diesel fuel are examples of an absolute fuel parameter.

(5) Gravimetric standard means a test material made by adding a carefully weighed quantity of the analyte to a measured quantity of another substance known not to contain any of the analyte, resulting in a solution with an accurately known concentrate of the analyte.

(6) Consensus named fuels are homogeneous quantities of fuel that have been analyzed by a number of different laboratories (by sending around small samples). The average concentration of some parameter of interest across all of the different laboratories is then used as the “consensus name” for that material.

(7) Locally-named reference materials are gasoline or diesel fuels that are usually from the regular production of the facility where they are used in laboratory quality control efforts and have been analyzed using the designated method (either by the facility's lab or by a reference lab) to obtain an estimate of their concentration.

(8) Method-defined fuel parameter means a fuel parameter for which an EPA-prescribed primary test method or designated method defines the regulatory standard. Examples of method-defined fuel parameters include olefin content in gasoline, Reid vapor pressure (RVP) of gasoline, distillation parameters of gasoline, benzene content of gasoline, aromatic content of gasoline and diesel fuel, and oxygen/oxygenates content of gasoline.

(9) Reference installations are designated test method installations that are used to qualify the accuracy of other method-defined parameter instruments. Reference installations of the designated test method will be used to evaluate the accuracy of other method-defined alternative test methods and to establish correlation equations if necessary.

(10) Correlation equation is a correction equation as determined by the use of ASTM D6708. This standard practice determines whether the comparison between the alternative test method and the designated test method is a null result. If the comparison is not null, then the standard practice provides for a correlation equation that predicts designated test method results from the applicable method-defined alternative test method.

(11) Statistical quality control (SQC) means a planned system of activities whose purpose is to provide a level of quality that meets the needs of compliance with the standards of this part. This subpart prescribes specific SQC requirements for both absolute and method driven fuel parameters for both voluntary and non-voluntary consensus-based standards bodies.

(12) Voluntary consensus-based standards body (VCSB) means a domestic or international organization that plans, develops, establishes, or coordinates voluntary consensus standards using agreed-upon procedures and which possesses the attributes of openness, balance of interest, due process, and consensus, as explained in OMB Circular A-119 and the National Technology Transfer and Advancement Act of 1995, P.L. 104-113, sec. 12(d).

(13) Non-voluntary consensus-based standards body (non-VCSB) means a domestic or international regulated party that has developed a proprietary analytical test method that has not been adopted by a VCSB organization.

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

(1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel additives subject to the gasoline sulfur standard at §§ 80.195 and 80.1603, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 1.5 times the repeatability “r” divided by 2.77, where “r” equals the ASTM repeatability of ASTM D7039 (Example: A 10 ppm sulfur gasoline sample: Maximum allowable standard deviation of 20 tests≤1.5*(1.73ppm/2.77) = 0.94 ppm). The 20 results must be a series of tests with a sequential record of analysis and no omissions. A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding them.

(2) Accuracy. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel additives subject to the gasoline sulfur standard at §§ 80.195 and 80.1603:

(i) The arithmetic average of a continuous series of at least 10 tests performed using good laboratory practices on a commercially available gravimetric sulfur standard in the range of 1-10 ppm shall not differ from the accepted reference value (ARV) of the standard by more than 0.47 ppm sulfur, where the accuracy criteria is 0.75*(1.5*r/2.77), where “r” is the repeatability for ARV of the commercially available gravimetric sulfur standard (Example: 0.75*(1.5*1.15ppm/2.77) = 0.47 ppm);

(ii) The arithmetic average of a continuous series of at least 10 tests performed using good laboratory practices on a commercially available gravimetric sulfur standard in the range of 10-20 ppm shall not differ from the ARV of the standard by more than 0.94 ppm sulfur, where the accuracy criteria is 0.75*(1.5*r/2.77), where “r” is the repeatability for ARV of the commercially available gravimetric sulfur standard (Example: 0.75*(1.5*2.30ppm/2.77) = 0.94 ppm); and

(iii) In applying the tests of paragraphs (b)(2)(i) and (ii) of this section, individual test results shall be compensated for any known chemical interferences using good laboratory practices.

(3) The test method specified at § 80.46(a)(1) is exempt from the requirements of paragraphs (b)(1) and (2) of this section.

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

(1) Precision. Beginning January 1, 2016, for butane subject to the butane sulfur standard at §§ 80.82, 80.195, 80.340(b) and 80.1603, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available butane must be less than or equal to 1.5 times the repeatability (r) divided by 2.77, where “r” equals the ASTM repeatability of ASTM D6667 (Example: A 10 ppm sulfur butane sample: Maximum allowable standard deviation of 20 tests≤1.5*(1.15ppm/2.77) = 0.62 ppm). The 20 results must be a series of tests with a sequential record of analysis and no omissions. A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding them.

(2) Accuracy. Beginning January 1, 2016, for butane subject to the butane sulfur standard at §§ 80.82, 80.195, 80.340(b) and 80.1603 -

(i) The arithmetic average of a continuous series of at least 10 tests performed using good laboratory practices on a commercially available gravimetric sulfur standard in the range of 1-10 ppm, say 10 ppm, shall not differ from the ARV of the standard by more than 0.47 ppm sulfur, where the accuracy criteria is 0.75*(1.5*r/2.77), where “r” is the repeatability for ARV of the commercially available gravimetric sulfur standard (Example: 0.75*(1.5*1.15ppm/2.77) = 0.47 ppm);

(ii) The arithmetic average of a continuous series of at least 10 tests performed using good laboratory practices on a commercially available gravimetric sulfur standard in the range of 10-20 ppm, say 20 ppm, shall not differ from the ARV of the standard by more than 0.94 ppm sulfur, where the accuracy criteria is 0.75*(1.5*r/2.77), where “r” is the repeatability for ARV of the commercially available gravimetric sulfur standard (Example: 0.75*(1.5*2.30ppm/2.77) = 0.94 ppm); and

(iii) In applying the tests of paragraphs (c)(2)(i) and (ii) of this section, individual test results shall be compensated for any known chemical interferences using good laboratory practices.

(3) The test method specified at § 80.46(a)(2) is exempt from the requirements of paragraphs (c)(1) and (2) of this section.

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

(1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel additives subject to the gasoline standards of this part, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0.3 times the reproducibility (R), where “R” equals the ASTM reproducibility of ASTM D1319 (Example: A gasoline containing 9 Vol% olefins: Maximum allowable standard deviation of 20 tests ≤0.3*(3.06 Vol%) = 0.92 Vol%). The 20 results must be a series of tests with a sequential record of analysis and no omissions. A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding them.

(2) The test method specified at § 80.46(b)(1) is exempt from the requirements of paragraph (d)(1) of this section.

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

(1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel additives subject to the gasoline standards of this part, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0.3 times the reproducibility (R), where “R” equals the ASTM reproducibility of ASTM D1319 (Example: A gasoline containing 32Vol% aromatics: Maximum allowable standard deviation of 20 tests ≤0.3*(3.7 Vol%) = 1.11Vol%). The 20 results must be a series of tests with a sequential record of analysis and no omissions. 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) is exempt from the requirements of paragraph (e)(1) of this section.

(f) Precision criteria for approval of the method defined fuel parameter of oxygen and oxygenate content in gasoline -

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

(2) The test method specified at § 80.46(g)(1) is exempt from the requirements of paragraph (f)(1) of this section.

(g) Precision criteria for approval of the method defined fuel parameter of Reid Vapor Pressure (RVP) in gasoline -

(1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel additives subject to the gasoline standards of this part and volatility standards at § 80.27, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0.3 times the reproducibility (R), where “R” equals the ASTM reproducibility of ASTM D5191 (Example: A gasoline having a RVP of 6.8psi: Maximum allowable standard deviation of 20 tests withdrawn from a 250 milliliter container ≤0.3*(0.40psi) = 0.12 psi). The 20 results must be a series of tests with a sequential record of analysis and no omissions. A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding them.

(2) The test method specified at § 80.46(c)(1) is exempt from the requirements of paragraph (g)(1) of this section.

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

(1) Precision. Beginning January 1, 2016, for motor vehicle gasoline, gasoline blendstock, and gasoline fuel additives subject to the gasoline standards of this part, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0.3 times the reproducibility (R), where “R” equals the ASTM reproducibility in Table 10, Groups 2, 3 and 4 (Automated) of ASTM D86-07 for the initial boiling point, E10, E50, E90 and final boiling point. (Example: A gasoline having an initial boiling point of 26 °C and a final boiling point of 215 °C: Maximum allowable standard deviation of 20 tests for initial boiling point ≤0.3*(8.5 °C) = 2.55 °C, maximum allowable standard deviation of 20 tests for E10 ≤0.3*(3.0 + 2.64*Sc) °C, maximum allowable standard deviation of 20 tests for E50 ≤0.3*(2.9 + 3.97*Sc) °C, maximum allowable standard deviation of 20 tests for E90 ≤0.3*(2.0 + 2.53*Sc) °C, and maximum allowable standard deviation of 20 tests for final boiling point ≤0.3*(10.5 °C) = 3.15 °C), where Sc is the average slope (or rate of change) of the gasoline distillation curve as calculated in accordance with section 13.2 of ASTM D86-07. The 20 results must be a series of tests with a sequential record of analysis and no omissions. Note that the precision criteria described in this paragraph (h)(1) differ from what is specified in ASTM D86-12. A laboratory facility may exclude a given sample or test result only if the exclusion 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) 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 MSAT2 standards at §§ 80.41, 80.101, 80.1230, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available gasoline must be less than or equal to 0.15 times the reproducibility (R), where “R” equals the ASTM reproducibility of ASTM D3606 (Example: A gasoline having a 1Vol% benzene: Maximum allowable standard deviation of 20 tests ≤0.15*(0.18 Vol%) = 0.027Vol%). The 20 results must be a series of tests with a sequential record of analysis and no omissions. 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 methods specified at § 80.46(e)(1) are exempt from the requirements of paragraph (i)(1) of this section.

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

(1) Precision. Beginning January 1, 2016, for motor vehicle diesel fuel subject to the motor vehicle diesel standards at § 80.520, the maximum allowable standard deviation computed from the results of a minimum of 20 tests made over 20 days (tests may be arranged into no fewer than five batches of four or fewer tests each, with only one such batch allowed per day over the minimum of 20 days) on samples using good laboratory practices taken from a single homogeneous commercially available diesel fuel must be less than or equal to 0.3 times the reproducibility (R), where “R” equals the ASTM reproducibility of ASTM D1319 (Example: A diesel fuel containing 35 Vol% aromatics: maximum allowable standard deviation of 20 tests ≤0.3*(3.3 Vol%) = 0.99Vol%). The 20 results must be a series of tests with a sequential record of analysis and no omissions. A laboratory facility may exclude a given sample or test result only if the exclusion is for a valid reason under good laboratory practices and it maintains records regarding the sample and test results and the reason for excluding them.

(2) The test method specified at § 80.2(z) 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, for a single laboratory test facility qualifying a method defined alternative test method, the reference installation of the method-defined fuel parameter for the applicable designated test method must have precision equal to 0.3 times the reproducibility (R) of the method-defined fuel parameter's designated test method, where “R” is the reproducibility of the designated test method.

(i) For olefins in gasoline, see paragraph (d)(1) of this section.

(ii) For aromatics in gasoline, see paragraph (e)(1) of this section.

(iii) For oxygen and oxygenate content of gasoline, see paragraph (f)(1) of this section.

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

(v) For gasoline distillation, see paragraph (h)(1) of this section.

(vi) For benzene in gasoline, see paragraph (i)(1) of this section.

(vii) For aromatics in diesel fuel, 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 stay within the middle 50% of the distribution of an industry or commercially available monthly inter-laboratory crosscheck program for 3 out of 5 successive exchanges for at least a period of five months using good laboratory practices. Specifically, compute the difference between the instrument's average measurement of the fuel closest to the applicable fuel standard (or to the average value for the fuel parameter in the complex model) and the mean for that fuel obtained by all of the non-outlier labs in the monthly inter-laboratory crosscheck program. Standardize this difference by expressing it in standard deviation units. These standardized inter-laboratory crosscheck differences should be placed in a moving average with a minimum span of five months. The instrument's moving average in standard deviation units cannot be outside the central 50% of the distribution of all laboratories that participated in the inter-laboratory crosscheck program.

(3) The reference installation of the method-defined fuel parameter for the applicable designated test method must be shown to be in statistical quality control as specified in ASTM D6299 for a minimum period of five months using good laboratory practices. The system is still considered to be in statistical quality control and the five month time period will not re-start if -

(i) Regular maintenance and/or re-calibration conducted during the five months in SQC qualification time period is considered as part of in-control normal operation, and/or;

(ii) If an assignable cause for “out of control” is found, mitigated, and the system is brought back in statistical quality control during the five month time period that the reference installation is attempting to meet the five month in-statistical-control requirement, the five month time period does not re-start and the system is still considered to be “in-control”.

(4) For a voluntary consensus standards body, such as ASTM, or for a commercially available industry crosscheck program, the summary statistics (mean and standard error = standard deviation/square root [number of results]) from the VCSB or commercially available inter-laboratory cross-check program (ILCP) data may be used as is without imposing the reference installations requirements of this section, provided that the number of non-outlying results is greater than 16 for both the designated and alternative test methods. The determination of ARV of check standards as specified in ASTM D6299, clause 6.2.2.1 and Note 7 shall be followed for the inter-laboratory crosscheck program. The use of VCSB or commercially available ILCP data as described above is deemed suitable for an ASTM D6708 assessment of VCSB alternative test methods.

(l) Qualification criteria for Voluntary Consensus Standard Based (VCSB) Method-Defined Parameter Test Methods and Non-voluntary Consensus Standard Based (non-VCSB) Absolute Fuel Parameter of Sulfur in Gasoline and Butane.

(1)

(i) Beginning January 1, 2016, the test facility or VCSB 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.

(ii) For the Non-voluntary Consensus Standard Based (non-VCSB) Absolute Fuel Parameter of Sulfur in Gasoline and Butane, the test facility include full test method documentation, including a description of the technology and/or instrumentation that makes the method functional.

(2)

(i) The test facility demonstrates that the test method meets the applicable precision information for the method-defined or non-VCSB absolute fuel parameter as described in this section.

(ii) For the Non-VCSB absolute fuel parameter of sulfur in gasoline and butane, the test facility include information reported in the test method that demonstrates the applicable accuracy criteria as described in § 80.47(b)(2) for gasoline and § 80.47(c)(2) for butane.

(3) The test facility or VCSB include information reported in the test method that demonstrates the test method has been evaluated 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(z) and 80.46(a)(1), (a)(2), (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), and (g)(1) are exempt from the requirements of paragraphs (l)(1) through (3) of this section.

(m) Qualification criteria for Non-Voluntary Consensus Standard Based (non-VCSB) Method-Defined Parameter Test Methods. For a non-VCSB method to be approved, the following information must be submitted to the Administrator by each test facility for each method that it wishes to have approved.

(1) Beginning January 1, 2016, full and thorough test method documentation, including a description of the technology and/or instrumentation that makes the method functional so a person lacking experience with the test instrument would be able to replicate its results.

(2) Information reported in the test method that demonstrates the test method meets the applicable precision information using good laboratory practices for the method-defined fuel parameter as described in this section.

(3) Both the candidate method-defined Non-VCSB test method and its respective designated test method must be tested on a range of consensus named fuels or locally-named reference materials that are typical of those analyzed by the facility in practice using good laboratory practices and must meet the data requirements for variability as required in ASTM D6708.

(4) The facility using the candidate method-defined non-VCSB test method must statistically establish through application of ASTM D6708 that the candidate method measures the same aspect of samples as applicable to its respective designated test method using good laboratory practices.

(5) If the use of ASTM D6708 reveals that the candidate method-defined non-VCSB test method has sample-specific biases due to matrix effects that cannot be determined as random the method is disqualified. If however, it is determined that the candidate method-defined non-VCSB test method can be qualified on a narrow circumscribed range of fuels while still meeting the data requirements for variability as required in ASTM D6708 (see paragraph (m)(3) of this section), then the types of fuels on which the qualification was achieved and for which the method is to be approved must be specified in the candidate method-defined non-VCSB test method description. If there is any restriction on the scope of fuels for which the candidate method-defined non-VCSB test method is to be qualified, the applicant must include a discussion of how the facility plans to screen sample for conformity to the scope. If the candidate method-defined test method is found to have minimal matrix effects, a statement to this effect must be included by the applicant in its application.

(6) The candidate method-defined non-VCSB test method precision qualification must be conducted in the form of “between methods reproducibility” (Rcm) of the candidate method and applicable designated test method as recommended in ASTM D6708, where the Rcm must be equal to or less than 70 percent of the published reproducibility of the applicable designated test method using good laboratory practices.

(7) The applicant of the candidate method-defined non-VCSB test method must demonstrate through the use of ASTM D6708 whether a correlation to applicable designated test method is necessary. If it is determined through the use of this practice that the candidate method-defined non-VCSB test method requires a correlation equation in order to predict designated test method results, then this correlation equation must be applied to the candidate instruments output to obtain measurement results for regulatory purposes using good laboratory practices.

(8) Any additional information requested by the Administrator and necessary to render a decision as to approval of the test method.

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

(10) Within 90 days of the receipt of materials required to be submitted under paragraphs (m)(1) through (9) of this section, the Administrator shall determine whether the test method is approved under this section.

(11) If the Administrator denies approval of the test method, within 90 days of receipt of all materials required to be submitted in paragraphs (m)(1) through (9) of this section, the Administrator will notify the applicant of the reasons for not approving the method. If the Administrator does not notify the applicant within 90 days of receipt of the application, then the test method shall be deemed approved.

(12) The Administrator may revoke approval of a test method under this section for cause, including, but not limited to, a determination by the Administrator that the approved test method has proved to be inadequate in practice.

(13) An independent third-party scientific review and written report and verification of the information provided pursuant to paragraphs (m)(1) through (9) of this section. The report and verification shall be based upon a site visit and review of relevant documents and shall separately identify each item required by paragraphs (m)(1) through (9) of this section, describe how the independent third-party evaluated the accuracy of the information provided, state whether the independent third-party agrees with the information provided, and identify any exceptions between the independent third-party's findings and the information provided.

(i) The information required under this section must be conducted by an independent third party who is a professional chemist and statistician, or who is a chemical engineer, with the following qualifications:

(A) For a refiner, importer, oxygenate producer, and oxygenate blender, the independent third party must have at least a bachelor's degree in chemistry and statistics, or at least a bachelor's degree in chemical engineering, from an accredited college in the United States, or the independent third party must be a subject matter expert with equivalent knowledge and qualification, with professional work experience in the petroleum or oxygenate field, especially with a demonstrated good working knowledge of ASTM D6708 and ASTM D6299.

(B) [Reserved]

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

(A) The third-party shall not be employed by the refiner, importer, oxygenate producer, or oxygenate blender, or any subsidiary or employee of the refiner, import facility, oxygenate producing facility, or oxygenate blender.

(B) The third party shall be free from any interest in the refiner's, importer's, oxygenate producer's, or oxygenate blender's business.

(C) The refiner, importer, oxygenate producer, or oxygenate blender shall be free from any interest in the third-party's business.

(D) Use of a third-party that is debarred, suspended, or proposed for debarment pursuant to the Government-wide Debarment and Suspension regulations, 40 CFR part 32, or the Debarment, Suspension and Ineligibility provisions of the Federal Acquisition Regulations, 48 CFR part 9 subpart 9.4, shall be deemed in noncompliance with the requirements of this section.

(iii) The independent third-party shall retain all records pertaining to the verification required under this section for a period of five years from the date of creation and shall deliver such records to the Administrator upon request.

(iv) The independent third party must provide EPA documentation of his or her qualifications as described in this paragraph (m) as part of the scientific review.

(14) If the Administrator finds that an individual test facility has provided false or inaccurate information under this section, upon notice from the Administrator the approval shall be void ab initio.

(n) Accuracy and Precision Statistical Quality Control (SQC) Requirements for the Absolute Fuel Parameters. Beginning January 1, 2016, a test shall not be considered a test using an approved test method unless the following quality control procedures are performed separately for each instrument used to make measurements:

(1)

(i) Accuracy SQC. Every facility shall conduct tests on every instrument with a commercially available gravimetric reference material, or check standard as defined in ASTM D6299 at least three times a year using good laboratory practices. The facility must construct “MR” and “I” charts with control lines as described in section 8.4 and appropriate Annex sections of this standard practice. In circumstances where the absolute difference between the mean of multiple back-to-back tests of the standard reference material and the ARV of the standard reference material is greater than 0.75 times the published reproducibility of the test method, the cause of such difference 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 five years.

(ii) The expanded uncertainty of the ARV of consensus named fuels shall be included in the following accuracy qualification criterion: Accuracy qualification criterion = square root [(0.75R):2 + (0.75R):2/L], where L = the number of single results obtained from different labs used to calculate the consensus ARV.

(2)

(i) Precision SQC. Every facility shall conduct tests of every instrument with a quality control material as defined in paragraph 3.2.8 in ASTM D6299 either once per week or once per every 20 production tests, whichever is more frequent. The facility must construct and maintain an “I” chart as described in section 8 and section A1.5.1 and a “MR” chart as described in section A1.5.4. Any violations of control limit(s) shall be investigated by personnel of the facility and records kept for a period of five years. The test facility's long term site precision standard deviation, as demonstrated by the “I” chart and “M” chart, must meet the applicable precision criterion as described in paragraph (b)(1) or (c)(1) of this section.

(ii) Validation of New QC Material. When a test facility is making a transition from one batch of QC material to the next batch of QC material, the facility will either construct an “I” chart as described in section 8.7 and section A1.5.1 of ASTM D6299, or follow the “Q-Procedure” in Annex 1.9 of ASTM D6299. In 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.

(iii) For test facilities opting to use the Q-procedure, the first run on the new QC batch should be validated by either an overlap in-control result of the old batch, or by a single execution of an accompanying standard reference material. The new QC material result would be considered validated if the single result of the standard reference material is within the established site precision (R') of the Accepted Reference Value of the standard reference material, as determined by ASTM D6792.

(iv) [Reserved]

(v) These records must be kept by the facility for a period of five years.

(o) Accuracy and Precision Statistical Quality Control (SQC) Requirements for the Voluntary Consensus Standard Based (VCSB) Method-Defined Fuel Parameters. Beginning January 1, 2016, a test shall not be considered a test using an approved test method unless the following quality control procedures are performed separately for each instrument used to make measurements:

(1)

(i) Accuracy SQC. Every facility shall conduct tests of every instrument with a commercially available check standard as defined in ASTM D6299 at least three times a year using good laboratory practices. The check standard must be an ordinary fuel with levels of the fuel parameter of interest close to either the applicable regulatory standard or the average level of use for the facility. For facilities using a VCSB designated method defined test method, the ARV of the check standard must be determined by the respective designated test method for the fuel parameter following the guidelines of ASTM D6299. Facilities using a VCSB alternative method defined test method must use the ARV of the check standard as determined in a VCSB Inter Laboratory Crosscheck Program (ILCP) or a commercially available ILCP following the guidelines of ASTM D6299. If the ARV is not provided in the ILCP, accuracy must be assessed based upon the respective EPA-designated test method using appropriate production samples. The facility must 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 test results and the ARV of the check standard based on the designated primary test method is greater than 0.75 times the published reproducibility of the designated primary test method, the cause of such difference must be investigated by the facility. Participation in a VCSB ILCP or a commercially available ILCP meeting the ASTM D6299 requirements for ILCP check standards, based on the designated primary test method, at least three times a year, and, meeting the requirements in this section for absolute differences between the test results and the ARV of the check standard based on the designated primary test method of less than 0.75 times the published reproducibility of the designated primary test method obtained through participation in the ILCP satisfies this Accuracy SQC requirement (Examples of VCSB ILCPs: ASTM Reformulated Gasoline ILCP or ASTM motor gasoline ILCP). 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 five years.

(ii) The expanded uncertainty of the ARV of consensus named fuels shall be included in the following accuracy qualification criterion: Accuracy qualification criterion = square root [(0.75R):2 + (0.75R):2/L], where L = the number of single results obtained from different labs used to calculate the consensus ARV.

(2)

(i) Precision SQC. Every facility shall conduct tests of every instrument with a quality control material as defined in paragraph 3.2.8 in ASTM D6299 either once per week or once per every 20 production tests, whichever is more frequent. The facility must construct and maintain an “I” chart as described in section 8 and section A1.5.1 and a “MR” chart as described in section A1.5.4. Any violations of control limit(s) shall be investigated by personnel of the facility and records kept for a period of five years. The test facility's long term site precision standard deviation, as demonstrated by the “I” chart and “M” chart, must meet the applicable precision criterion as described in paragraph (d)(1), (e)(1), (f)(1), (g)(1), (h)(1), (i)(1), or (j)(1) of this section.

(ii) Validation of New QC Material. When a test facility is making a transition from one batch of QC material to the next batch of QC material, the facility will either construct an “I” chart as described in section 8.7 and section A1.5.1 of ASTM D6299, or follow the “Q-Procedure” in Annex 1.9 of ASTM D6299. In 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.

(iii) For test facilities opting to use the Q-procedure, the first run on the new QC batch should be validated by either an overlap in-control result of the old batch, or by a single execution of an accompanying standard reference material. The new QC material result would be considered validated if the single result of the standard reference material is within the established site precision (R') of the Accepted Reference Value of the standard reference material, as determined by ASTM D6792.

(iv) [Reserved]

(v) These records must be kept by the facility for a period of five 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 separately for each instrument used to make measurements:

(1)

(i) Accuracy SQC for Non-VCSB Method-Defined test methods with minimal matrix effects. Every facility shall conduct tests on every instrument with a commercially available check standard as defined in the ASTM D6299 at least three times a year using good laboratory practices. The check standard must be an ordinary fuel with levels of the fuel parameter of interest close to either the applicable regulatory standard or the average level of use for the facility. Facilities using a Non-VCSB alternative method defined test method must use the ARV of the check standard as determined in either a VCSB Inter Laboratory Crosscheck Program (ILCP) or a commercially available ILCP following the guidelines of ASTM D6299. If the ARV is not provided in the ILCP, accuracy must be assessed based upon the respective EPA designated test method using appropriate production samples. The facility must construct “MR” and “I” charts with control lines as described in section 8.4 and appropriate Annex sections of this standard practice. In circumstances where the absolute difference between the mean of multiple back-to-back tests of the standard reference material and the ARV of the standard reference material is greater than 0.75 times the published reproducibility of the fuel parameter's respective designated test method, the cause of such difference must be investigated by the facility. Records of the standard reference materials measurements as well as any investigations into any exceedance of these criteria must be kept for a period of five years.

(ii) The expanded uncertainty of the ARV of consensus named fuels shall be included in the following accuracy qualification criterion: Accuracy qualification criterion = square root [(0.75R):2 + (0.75R):2/L], where L = the number of single results obtained from different labs used to calculate the consensus ARV.

(2)

(i) Accuracy SQC for Non-VCSB Method-Defined test methods with high sensitivity to matrix effects. Every facility shall conduct tests on every instrument with a production fuel on at least a quarterly basis using good laboratory practices. The production fuel must be representative of the production fuels that are routinely analyzed by the facility. The ARV 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 construct “MR” and “I” charts with control lines as described in section 8.4 and appropriate Annex sections of this standard practice. In circumstances where the absolute difference between the mean of multiple back-to-back tests of the standard reference material and the ARV of the standard reference material is greater than 0.75 times the published reproducibility of the test method must be investigated by the facility. Documentation on the identity of the reference installation and its control status must be maintained on the premises of the 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 five years.

(ii) Each facility is required to send every 20th production batch of gasoline or diesel fuel to EPA's laboratory, along with the facility's measurement result used to certify the batch using the respective method-defined non-VCSB test method. The EPA retains the right to return such sample on a blind basis for a required reanalysis on the respective method-defined non-VCSB test method within 180 days upon receipt of such sample.

(3)

(i) Precision SQC. Every facility shall conduct tests of every instrument with a quality control material as defined in paragraph 3.2.8 in ASTM D6299 either once per week or once per every 20 production tests, whichever is more frequent. The facility must construct and maintain an “I” chart as described in section 8 and section A1.5.1 and a “MR” chart as described in section A1.5.4. Any violations of control limit(s) shall be investigated by personnel of the facility and records kept for a period of five years. The test facility's long term site precision standard deviation, as demonstrated by the “I” chart and “M” chart, must meet the applicable precision criterion as described in paragraph (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), (g)(1), (h)(1), (i)(1), or (j)(1) of this section.

(ii) Validation of New QC Material. When a test facility is making a transition from one batch of QC material to the next batch of QC material, the facility will either construct an “I” chart as described in section 8.7 and section A1.5.1 of ASTM D6299, or follow the “Q-Procedure” in Annex 1.9 of ASTM D6299. In 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.

(iii) For test facilities opting to use the Q-procedure, the first run on the new QC batch should be validated by either an overlap in-control result of the old batch, or by a single execution of an accompanying standard reference material. The new QC material result would be considered validated if the single result of the standard reference material is within the established site precision (R') of the Accepted Reference Value of the standard reference material, as determined by ASTM D6792.

(iv) [Reserved]

(v) These records must be kept by the facility for a period of five years.

(q) Record retention requirements for the test methods approved under this subpart. Each individual test facility must retain records related to the establishment of accuracy and precision values, all test method documentation, and any statistical quality control testing and analysis under this section using good laboratory practices for a period for five years.

(r) Materials incorporated by reference. The published materials identified in this section are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than that specified in this section, a document must be published in the Federal Register and the material must be available to the public. All approved materials are available for inspection at the Air and Radiation Docket and Information Center (Air Docket) in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742. These approved materials are also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials are available from the sources listed below.

(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 D86-07, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure, approved January 15, 2007 (“ASTM D86”).

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

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

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

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

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

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

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

(ix) ASTM D6792-13, Standard Practice for Quality System in Petroleum Products and Lubricants Testing Laboratories, approved May 15, 2013 (“ASTM D6792”).

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

(2) [Reserved]

[79 FR 23633, Apr. 28, 2014, as amended at 80 FR 9091, Feb. 19, 2015; 85 FR 7070, Feb. 6, 2020]

§ 80.48 Augmentation of the complex emission model by vehicle testing.

(a) The provisions of this section apply only if a fuel claims emission reduction benefits from fuel parameters that are not included in the complex emission model or complex emission model database, or if the values of fuel parameters included in the complex emission model set forth in § 80.45 fall outside the range of values for which the complex emission model is deemed valid.

(b) To augment the complex emission model described at § 80.45, the following requirements apply:

(1) The petitioner must obtain prior approval from the Administrator for the design of the test program before beginning the vehicle testing process. To obtain approval, the petitioner must at minimum provide the following information: the fuel parameter to be evaluated for emission effects; the number and description of vehicles to be used in the test fleet, including model year, model name, vehicle identification number (VIN), mileage, emission performance (exhaust THC emission level), technology type, and manufacturer; a description of the methods used to procure and prepare the vehicles; the properties of the fuels to be used in the testing program (as specified at § 80.49); the pollutants and emission categories intended to be evaluated; the precautions used to ensure that the effects of the parameter in question are independent of the effects of other parameters already included in the model; a description of the quality assurance procedures to be used during the test program; the statistical analysis techniques to be used in analyzing the test data, and the identity and location of the organization performing the testing.

(2) Exhaust emissions shall be measured per the requirements of this section and § 80.49 through § 80.62.

(3) The nonexhaust emission model (including evaporative, running loss, and refueling VOC and toxics emissions) shall not be augmented by vehicle testing.

(4) The Agency reserves the right to observe and monitor any testing that is performed pursuant to the requirements of this section.

(5) The Agency reserves the right to evaluate the quality and suitability of data submitted pursuant to the requirements of this section and to reject, re-analyze, or otherwise evaluate such data as is technically warranted.

(6) Upon a showing satisfactory to the Administrator, the Administrator may approve a petition to waive the requirements of this section and § 80.49, § 80.50(a), § 80.60(d)(3), and § 80.60(d)(4) in order to better optimize the test program to the needs of the particular fuel parameter. Any such waiver petition should provide information justifying the requested waiver, including an acceptable rationale and supporting data. Petitioners must obtain approval from the Administrator prior to conducting testing for which the requirements in question are waived. The Administrator may waive the noted requirements in whole or in part, and may impose appropriate conditions on any such waiver.

(c) In the case of petitions to augment the complex model defined at § 80.45 with a new parameter, the effect of the parameter being tested shall be determined separately, for each pollutant and for each emitter class category. If the parameter is not included in the complex model but is represented in whole or in part by one or more parameters included in the model, the petitioner shall be required to demonstrate the emission effects of the parameter in question independent of the effects of the already-included parameters. The petitioner shall also have to demonstrate the effects of the already-included parameters independent of the effects of the parameter in question. The emission performance of each vehicle on the fuels specified at § 80.49, as measured through vehicle testing in accordance with § 80.50 through § 80.62, shall be analyzed to determine the effects of the fuel parameter being tested on emissions according to the following procedure:

(1) The analysis shall fit a regression model to the natural logarithm of emissions measured from addition fuels 1, 2, and 3 only (as specified at § 80.49(a) and adjusted as per paragraph (c)(1)(iv) of this section and § 80.49(d)) that includes the following terms:

(i) A term for each vehicle that shall reflect the effect of the vehicle on emissions independent of fuel compositions. These terms shall be of the form Di × Vi, where Di is the coefficient for the term and Vi is a dummy variable which shall have the value 1.0 for the ith vehicle and the value 0 for all other vehicles.

(ii) A linear term in the parameter being tested for each emitter class, of the form Ai × (P1−P1 (avg)) × Ei, where Ai is the coefficient for the term, P1 is the level of the parameter in question, P1 (avg) is the average level of the parameter in question for all seven test fuels specified at § 80.49(a)(1), and Ei is a dummy variable representing emitter class, as defined at § 80.62. For normal emitters, E1 = 1 and E2 = 0. For higher emitters, E1 = 0 and E2 = 1.

(iii) For the VOC and NOX models, a squared term in the parameter being tested for each emitter class, of the form Bi × (P1−P1 (avg))2 × Ei, where Bi is the coefficient for the term and where P1 , P1 (avg), and Ei are as defined in paragraph (c)(1)(ii) of this section.

(iv) To the extent that the properties of fuels 1, 2, and 3 which are incorporated in the complex model differ in value among the three fuels, the complex model shall be used to adjust the observed emissions from test vehicles on those fuels to compensate for those differences prior to fitting the regression model.

(v) The Ai and Bi terms and coefficients developed by the regression described in this paragraph (c) shall be evaluated against the statistical criteria defined in paragraph (e) of this section. If both terms satisfy these criteria, then both terms shall be retained. If the Bi term satisfies these criteria and the Ai term does not, then both terms shall be retained. If the Bi term does not satisfy these criteria, then the Bi term shall be dropped from the regression model and the model shall be re-estimated. If, after dropping the Bi term and re-estimating the model, the Ai term does not satisfy these criteria, then both terms shall be dropped, all test data shall be reported to EPA, and the augmentation request shall be denied.

(2) After completing the steps outlined in paragraph (c)(1) of this section, the analysis shall fit a regression model to a combined data set that includes vehicle testing results from all seven addition fuels specified at § 80.49(a), the vehicle testing results used to develop the model specified at § 80.45, and vehicle testing results used to support any prior augmentation requests which the Administrator deems necessary.

(i) The analysis shall fit the regression models described in paragraphs (c)(2) (ii) through (v) of this section to the natural logarithm of measured emissions.

(ii) All regressions shall include a term for each vehicle that shall reflect the effect of the vehicle on emissions independent of fuel compositions. These terms shall be of the form Di × Vi, where Di is the coefficient for the term and Vi is a dummy variable which shall have the value 1.0 for the ith vehicle and the value 0 for all other vehicles. Vehicles shall be represented by separate terms for each test program in which they were tested. The vehicle terms for the vehicles included in the test program undertaken by the petitioner shall be calculated based on the results from all seven fuels specified at § 80.49(a). Note that the Di estimates for the petitioner's test vehicles in this regression are likely to differ from the Di estimates discussed in paragraph (c)(1)(i) of this section since they will be based on a different set of fuels.

(iii) All regressions shall include existing complex model terms and their coefficients, including those augmentations that the Administrator deems necessary. All terms and coefficients shall be expressed in centered form. The Administrator shall make available upon request existing complex model terms and coefficients in centered form.

(iv) All regressions shall include the linear and squared terms, and their coefficients, estimated in the final regression model described in paragraph (c)(1) of this section.

(v) The VOC and NOX regressions shall include those interactive terms with other fuel parameters, of the form Ci(1, j) × (P1 − P1 (avg)) × (Pj − Pj (avg)) × Ei, where Ci(1, j) is the coefficient for the term, P1 is the level of the parameter being added to the model, P1 (avg) is the average level of the parameter being added for all seven addition fuels specified at § 80.49(a), Pj is the level of the other fuel parameter, Pj (avg) is the centering value for the other fuel parameter used to develop the complex model or used in the other parameter's augmentation study, and Ei is as defined in paragraph (c)(1) of this section, which are found to satisfy the statistical criteria defined in paragraph (e) of this section. Such terms shall be added to the regression model in a stepwise manner.

(3) The model described in paragraphs (c) (1) and (2) of this section shall be developed separately for normal-emitting and higher-emitting vehicles. Each emitter class shall be treated as a distinct population for the purposes of determining regression coefficients.

(4) Once the augmented models described in paragraphs (c) (1) through (3) of this section have been developed, they shall be converted to an uncentered form through appropriate algebraic manipulation.

(5) The augmented model described in paragraph (c)(4) of this section shall be used to determine the effects of the parameter in question at levels between the levels in Fuels 1 and 3, as defined at § 80.49(a)(1), for all fuels which claim emission benefits from the parameter in question.

(d)

(1) In the case of petitions to augment the complex model defined at § 80.45 by extending the range of an existing complex model parameter, the effect of the parameter being tested shall be determined separately, for each pollutant and for each technology group and emitter class category, at levels between the extension level and the nearest limit of the core of the data used to develop the unaugmented complex model as follows:

Fuel parameter Data core limits
Lower Upper
Sulfur, ppm 10 450
RVP, psi 7 10
E200, vol % 33 66
E300, vol % 72 94
Aromatics, vol % 18 46
Benzene, vol % 0.4 1.8
Olefins, vol % 1 19
Oxygen, wt %
As ethanol 0 3.4
All others: 0 2.7

(2) The emission performance of each vehicle on the fuels specified at § 80.49(b)(2), as measured through vehicle testing in accordance with §§ 80.50 through 80.62, shall be analyzed to determine the effects of the fuel parameter being tested on emissions according to the following procedure:

(i) The analysis shall incorporate the vehicle testing data from the extension fuels specified at § 80.49(b), the vehicle testing results used to develop the model specified at § 80.45, and vehicle testing results used to support any prior augmentation requests which the Administrator deems necessary. A regression incorporating the following terms shall be fitted to the natural logarithm of emissions contained in this combined data set:

(A) A term for each vehicle that shall reflect the effect of the vehicle on emissions independent of fuel compositions. These terms shall be of the form Di × Vi, where Di is the coefficient for the term and Vi is a dummy variable which shall have the value 1.0 for the ith vehicle and the value 0 for all other vehicles. Vehicles shall be represented by separate terms for each test program in which they were tested. The vehicle terms for the vehicles included in the test program undertaken by the petitioner shall be calculated based on the results from all three fuels specified at § 80.49(b)(2).

(B) Existing complex model terms that do not include the parameter being extended and their coefficients, including those augmentations that the Administrator deems necessary. The centering values for these terms shall be identical to the centering values used to develop the complex model described at § 80.45.

(C) Existing complex model terms that include the parameter being extended. The coefficients for these terms shall be estimated by the regression. The centering values for these terms shall be identical to the centering values used to develop the complex model described at § 80.45.

(D) If the unaugmented VOC or NOX complex models do not contain a squared term for the parameter being extended, such a term should be added in a stepwise fashion after completing the model described in paragraphs (d)(2)(i)(A) through (C) of this section. The coefficient for this term shall be estimated by the regression. The centering value for this term shall be identical to the centering value used to develop the complex model described at § 80.45.

(E) The terms defined in paragraphs (d)(2)(i)(C) and (D) of this section shall be evaluated against the statistical criteria defined in paragraph (e) of this section.

(ii) The model described in paragraph (d)(2)(i) of this section shall be developed separately for normal-emitting and higher-emitting vehicles, as defined at § 80.62. Each emitter class shall be treated as a distinct population for the purposes of determining regression coefficients.

(e) Statistical criteria.

(1) The petitioner shall be required to submit evidence with the petition which demonstrates the statistical validity of the regression described in paragraph (c) or (d) of this section, including at minimum:

(i) Evidence demonstrating that colinearity problems are not severe, including but not limited to variance inflation statistics of less than 10 for the second-order and interactive terms included in the regression model.

(ii) Evidence demonstrating that the regression residuals are normally distributed, including but not limited to the skewness and Kurtosis statistics for the residuals.

(iii) Evidence demonstrating that overfitting and underfitting risks have been balanced, including but not limited to the use of Mallow's Cp criterion.

(2) The petitioner shall be required to submit evidence with the petition which demonstrates that the appropriate terms have been included in the regression, including at minimum:

(i) Descriptions of the analysis methods used to develop the regressions, including any computer code used to analyze emissions data and the results of regression runs used to develop the proposed augmentation, including intermediate regressions produced during the stepwise regression process.

(ii) Evidence demonstrating that the significance level used to include terms in the model was equal to 0.90.

(f) The complex emission model shall be augmented with the results of vehicle testing as follows:

(1) The terms and coefficients determined in paragraph (c) or (d) of this section shall be used to supplement the complex emission model equation for the corresponding pollutant and emitter category. These terms and coefficients shall be weighted to reflect the contribution of the emitter category to in-use emissions as shown at § 80.45.

(2) If the candidate parameter is not included in the unaugmented complex model and is not represented in whole or in part by one or more parameters included in the model, the modification shall be accomplished by adding the terms and coefficients to the complex model equation for that pollutant, technology group, and emitter category.

(3) If the parameter is included in the complex model but is being tested at levels beyond the current range of the model, the terms and coefficients determined in paragraph (d) of this section shall be used to supplement the complex emission model equation for the corresponding pollutant.

(i) The terms and coefficients of the complex model described at § 80.45 shall be used to evaluate the emissions performance of fuels with levels of the parameter being tested that are within the valid range of the model, as defined at § 80.45.

(ii) The emissions performance of fuels with levels of the parameter that are beyond the valid range of the unaugmented model shall be given in percentage change terms by 100 − [(100 + A) × (100 + C) / (100 + B)], where:

(A) “A” shall be set equal to the percentage change in emissions for a fuel with identical fuel property values to the fuel being evaluated except for the parameter being extended, which shall be set equal to the nearest limit of the data core, using the unaugmented complex model.

(B) “B” shall be set equal to the percentage change in emissions for the fuel described in paragraph (f)(3)(i) of this section according to the augmented complex model.

(C) “C” shall be set equal to the percentage change in emissions of the actual fuel being evaluated using the augmented complex model.

(g) EPA reserves the right to analyze the data generated during vehicle testing, to use such analyses to determine the validity of other augmentation petitions, and to use such data to update the complex model for use in certifying all reformulated gasolines.

(h) Duration of acceptance of emission effects determined through vehicle testing:

(1) If the Agency does not accept, modify, or reject a particular augmentation for inclusion in an updated complex model (performed through rulemaking), then the augmentation shall remain in effect until the next update to the complex model takes effect.

(2) If the Agency does reject or modify a particular augmentation for inclusion in an updated complex model, then the augmentation shall no longer be able to be used as of the date the updated complex model is deemed to take effect, unless the following conditions and limitations apply:

(i) The augmentation in question may continue to be used by those fuel suppliers which can prove, to the Administrator's satisfaction, that the fuel supplier had already begun producing a fuel utilizing the augmentation at the time the revised model is promulgated.

(ii) The augmentation in question may only be used to evaluate the emissions performance of fuels in conjunction with the complex emission model in effect as of the date of production of the fuels.

(iii) The augmentation may only be used for three years of fuel production, or a total of five years from the date the augmentation first took effect, whichever is shorter.

(3) The Administrator shall determine when sufficient new information on the effects of fuel properties on vehicle emissions has been obtained to warrant development of an updated complex model.

[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36962, July 20, 1994]

§ 80.49 Fuels to be used in augmenting the complex emission model through vehicle testing.

(a) Seven fuels (hereinafter called the “addition fuels”) shall be tested for the purpose of augmenting the complex emission model with a parameter not currently included in the complex emission model. The properties of the addition fuels are specified in paragraphs (a)(1) and (2) of this section. The addition fuels shall be specified with at least the same level of detail and precision as in paragraph (a)(5)(i) of this section, and this information must be included in the petition submitted to the Administrator requesting augmentation of the complex emission model.

(1) The seven addition fuels to be tested when augmenting the complex model specified at § 80.45 with a new fuel parameter shall have the properties specified as follows:

Properties of Fuels To Be Tested When Augmenting the Model With a New Fuel Parameter

Fuel property Fuels
1 2 3 4 5 6 7
Sulfur, ppm 150 150 150 35 35 500 500
Benzene, vol % 1.0 1.0 1.0 0.5 0.5 1.3 1.3
RVP, psi 7.5 7.5 7.5 6.5 6.5 8.1 8.1
E200, % 50 50 50 62 62 37 37
E300, % 85 85 85 92 92 79 79
Aromatics, vol % 27 27 27 20 20 45 45
Olefins, vol % 9.0 9.0 9.0 2.0 2.0 18 18
Oxygen, wt % 2.1 2.1 2.1 2.7 2.7 1.5 1.5
Octane, (R + M)/2 87 87 87 87 87 87 87
New Parameter1 C (C + B)/2 B C B C B

(i) For the purposes of vehicle testing, the “baseline” level of the parameter shall refer to the level of the parameter in Clean Air Act baseline gasoline. The “candidate” level of the parameter shall refer to the most extreme value of the parameter, relative to baseline levels, for which the augmentation shall be valid.

(ii) If the fuel parameter for which the fuel supplier is petitioning EPA to augment the complex emission model (hereinafter defined as the “candidate parameter”) is not specified for Clean Air Act summer baseline fuel, then the baseline level for the candidate parameter shall be set at the levels found in typical gasoline. This level and the justification for this level shall be included in the petitioner's submittal to EPA prior to initiating the test program, and EPA must approve this level prior to the start of the program.

(iii) If the candidate parameter is not specified for Clean Air Act summer baseline fuel, and is not present in typical gasoline, its baseline level shall be zero.

(2) The addition fuels shall contain detergent control additives in accordance with section 211(l) of the Clean Air Act Amendments of 1990 and the associated EPA requirements for such additives.

(3) The addition fuels shall be specified with at least the same level of detail and precision as in paragraph (a)(5)(i) of this section, and this information shall be included in the petition submitted to the Administrator requesting augmentation of the complex emission model.

(i) Paraffin levels in Fuels 1 and 2 shall be altered from the paraffin level in Fuel 3 to compensate for the addition or removal of the candidate parameter, if necessary. Paraffin levels in Fuel 4 shall be altered from the paraffin level in Fuel 5 to compensate for the addition or removal of the candidate parameter, if necessary. Paraffin levels in Fuel 6 shall be altered from the paraffin level in Fuel 7 to compensate for the addition or removal of the candidate parameter, if necessary.

(ii) Other properties of Fuels 4 and 6 shall not vary from the levels for Fuels 5 and 7, respectively, unless such variations are the naturally-occurring result of the changes described in paragraphs (a)(1) and (2) of this section. Other properties of Fuels 1 and 2 shall not vary from the levels for Fuel 3, unless such variations are the naturally- occurring result of the changes described in paragraphs (a)(1) and (2) of this section.

(iii) The addition fuels shall be specified with at least the same level of detail and precision as defined in paragraph (a)(5)(i) of this section, and this information must be included in the petition submitted to the Administrator requesting augmentation of the complex emission model.

(4) The properties of the addition fuels shall be within the blending tolerances defined in this paragraph (a)(4) relative to the values specified in paragraphs (a)(1) and (2) of this section. Fuels that do not meet these tolerances shall require the approval of the Administrator to be used in vehicle testing to augment the complex emission model:

Fuel parameter Blending tolerance
Sulfur content ±25 ppm.
Benzene content ±0.2 vol %.
RVP ±0.2 psi.
E200 level ±2 %.
E300 level ±4 %.
Oxygenate content ±1.0 vol %.
Aromatics content ±2.7 vol %.
Olefins content ±2.5 vol %.
Saturates content ±2.0 vol %.
Octane ±0.5.
Detergent control additives ±10% of the level required by EPA's detergents rule.
Candidate parameter To be determined as part of the augmentation process.

(5) The composition and properties of the addition fuels shall be determined by averaging a series of independent tests of the properties and compositional factors defined in paragraph (a)(5)(i) of this section as well as any additional properties or compositional factors for which emission benefits are claimed.

(i) The number of independent tests to be conducted shall be sufficiently large to reduce the measurement uncertainty for each parameter to a sufficiently small value. At a minimum the 95% confidence limits (as calculated using a standard t-test) for each parameter must be within the following range of the mean measured value of each parameter:

Fuel
parameter
Measurement uncertainty
API gravity ±0.2°API
Sulfur content ±10 ppm
Benzene content ±0.02 vol %
RVP ±0.05 psi
Octane ±0.2 (R + M/2)
E200 level ±2%
E300 level ±2%
Oxygenate content ±0.2 vol %
Aromatics content ±0.5 vol %
Olefins content ±0.3 vol %
Saturates content ±1.0 vol %
Detergent control Additives ±2% of the level required by EPA's detergents rule.

(ii) The 95% confidence limits for measurements of fuel parameters for which emission reduction benefits are claimed and for which tolerances are not defined in paragraph (a)(5)(i) of this section must be within ±5% of the mean measured value.

(iii) Each test must be conducted in the same laboratory in accordance with the procedures outlined at § 80.46.

(b) Three fuels (hereinafter called “extention fuels”) shall be tested for purpose of extending the valid range of the complex emission model for a parameter currently included in the complex emission model. The properties of the extension fuels are specified in paragraphs (b)(2) through (4) of this section. The extension fuels shall be specified with at least the same level of detail and precision as in paragraph (a)(5)(i) of this section, and this information must be included in the petition submitted to the Administrator requesting augmentation of the complex emission model. Each set of three extension fuels shall be used only to extend the range of a single complex model parameter.

(1) The “extension level” shall refer to the level to which the parameter being tested is to be extended. The three fuels to be tested when extending the range of fuel parameters already included in the complex model or a prior augmentation to the complex model shall be referred to as “extension fuels.”

(2) The composition and properties of the extension fuels shall be as described in paragraphs (b)(2) (i) and (ii) of this section.

(i) The extension fuels shall have the following levels of the parameter being extended:

Level of Existing Complex Model Parameters Being Extended

Fuel property being extended Extension fuel No. 1 Extension fuel No. 2 Extension fuel No. 3
Sulfur, ppm Extension level 80 450
Benzene, vol % Extension level 0.5 1.5
RVP, psi Extension level 6.7 8.0
E200, % Extension level 38 61
E300, % Extension level 78 92
Aromatics, vol % Extension level 20 45
Olefins, vol % Extension level 3.0 18
Oxygen, wt % Extension level 1.7 2.7
Octane, R + M/2 87 87 87

(ii) The levels of parameters other than the one being extended shall be given by the following table for all three extension fuels:

Levels for Fuel Parameters Other Than Those Being Extended

Fuel property Extension fuel No. 1 Extension fuel No. 2 Extension fuel No. 3
Sulfur, ppm 150 150 150
Benzene, vol % 1.0 1.0 1.0
RVP, psi 7.5 7.5 7.5
E200, % 50 50 50
E300, % 85 85 85
Aromatics, vol % 25 25 25
Olefins, vol % 9.0 9.0 9.0
Oxygen, wt % 2.0 2.0 2.0
Octane, R + M/2 87 87 87

(3) If the Complex Model for any pollutant includes one or more interactive terms involving the parameter being extended, then two additional extension fuels shall be required to be tested for each such interactive term. These additional extension fuels shall have the following properties:

(i) The parameter being tested shall be present at its extension level.

(ii) The interacting parameter shall be present at the levels specified in paragraph (b)(2)(i) of this section for extension Fuels 2 and 3.

(iii) All other parameters shall be present at the levels specified in paragraph (b)(2)(ii) of this section.

(4) All extension fuels shall contain detergent control additives in accordance with Section 211(l) of the Clean Air Act Amendments of 1990 and the associated EPA requirements for such additives.

(c) The addition fuels defined in paragraph (a) of this section and the extension fuels defined in paragraph (b) of this section shall meet the following requirements for blending and measurement precision:

(1) The properties of the test and extension fuels shall be within the blending tolerances defined in this paragraph (c) relative to the values specified in paragraphs (a) and (b) of this section. Fuels that do not meet the following tolerances shall require the approval of the Administrator to be used in vehicle testing to augment the complex emission model:

Fuel parameter Blending tolerance
Sulfur content ±25 ppm.
Benzene content ±0.2 vol %.
RVP ±0.2 psi.
E200 level ±2 %.
E300 level ±4 %.
Oxygenate content ±1.5 vol %.
Aromatics content ±2.7 vol %.
Olefins content ±2.5 vol %.
Saturates content ±2.0 vol %.
Octane ±0.5.
Candidate parameter To be determined as part of the augmentation process.

(2) The extension and addition fuels shall be specified with at least the same level of detail and precision as defined in paragraph (c)(2)(ii) of this section, and this information must be included in the petition submitted to the Administrator requesting augmentation of the complex emission model.

(i) The composition and properties of the addition and extension fuels shall be determined by averaging a series of independent tests of the properties and compositional factors defined in paragraph (c)(2)(ii) of this section as well as any additional properties or compositional factors for which emission benefits are claimed.

(ii) The number of independent tests to be conducted shall be sufficiently large to reduce the measurement uncertainty for each parameter to a sufficiently small value. At a minimum the 95% confidence limits (as calculated using a standard t-test) for each parameter must be within the following range of the mean measured value of each parameter:

Fuel parameter Measurement uncertainty
API gravity ±0.2 °API.
Sulfur content ±5 ppm.
Benzene content ±0.05 vol %.
RVP ±0.08 psi.
Octane ±0.1 (R + M/2).
E200 level ±2 %.
E300 level ±2 %.
Oxygenate content ±0.2 vol %.
Aromatics content ±0.5 vol %.
Olefins content ±0.3 vol %.
Saturates content ±1.0 vol.%
Octane ±0.2.
Candidate parameter To be determined as part of the augmentation process.

(iii) Petitioners shall obtain approval from EPA for the 95% confidence limits for measurements of fuel parameters for which emission reduction benefits are claimed and for which tolerances are not defined in paragraph (c)(2)(i) of this section.

(iv) Each test must be conducted in the same laboratory in accordance with the procedures outlined at § 80.46.

(v) The complex emission model described at § 80.45 shall be used to adjust the emission performance of the addition and extension fuels to compensate for differences in fuel compositions that are incorporated in the complex model, as described at § 80.48. Compensating adjustments for naturally-resulting variations in fuel parameters shall also be made using the complex model. The adjustment process is described in paragraph (d) of this section.

(d) The complex emission model described at § 80.45 shall be used to adjust the emission performance of addition and extension fuels to compensate for differences in fuel parameters other than the parameter being tested. Compensating adjustments for naturally-resulting variations in fuel parameters shall also be made using the complex model. These adjustments shall be calculated as follows:

(1) Determine the exhaust emissions performance of the actual addition or extension fuels relative to the exhaust emissions performance of Clean Air Act baseline fuel using the complex model. For addition fuels, set the level of the parameter being tested at baseline levels for purposes of emissions performance evaluation using the complex model. For extension fuel #1, set the level of the parameter being extended at the level specified in extension fuel #2. Also determine the exhaust emissions performance of the addition fuels specified in paragraph (a)(1) of this section with the level of the parameter being tested set at baseline levels.

(2) Calculate adjustment factors for each addition fuel as follows:

(i) Adjustment factors shall be calculated using the formula:

where

A = the adjustment factor

P(actual) = the performance of the actual fuel used in testing according to the complex model

P(nominal) = the performance that would have been achieved by the test fuel defined in paragraph (a)(1) of this section according to the complex model (as described in paragraph (d)(1) of this section).

(ii) Adjustment factors shall be calculated for each pollutant and for each emitter class.

(3) Multiply the measured emissions from each vehicle by the corresponding adjustment factor for the appropriate addition or extension fuel, pollutant, and emitter class. Use the resulting adjusted emissions to conduct all modeling and emission effect estimation activities described in § 80.48.

(e) All fuels included in vehicle testing programs shall have an octane number of 87.5, as measured by the (R + M)/2 method following the ASTM D4814 procedures, to within the measurement and blending tolerances specified in paragraph (c) of this section.

(f) A single batch of each addition or extension fuel shall be used throughout the duration of the testing program.

[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36962, July 20, 1994; 71 FR 74567, Dec. 15, 2005]

§ 80.50 General test procedure requirements for augmentation of the emission models.

(a) The following test procedure must be followed when testing to augment the complex emission model described at § 80.45.

(1) VOC, NOX, CO, and CO2 emissions must be measured for all fuel-vehicle combinations tested.

(2) Toxics emissions must be measured when testing the extension fuels per the requirements of § 80.49(b) or when testing addition fuels 1, 2, or 3 per the requirements of § 80.49(a).

(3) When testing addition fuels 4, 5, 6, and 7 per the requirements of § 80.49(a), toxics emissions need not be measured. However, EPA reserves the right to require the inclusion of such measurements in the test program prior to approval of the test program if evidence exists which suggests that adverse interactive effects of the parameter in question may exist for toxics emissions.

(b) The general requirements per 40 CFR 86.130-96 shall be met.

(c) The engine starting and restarting procedures per 40 CFR 86.136-90 shall be followed.

(d) Except as provided for at § 80.59, general preparation of vehicles being tested shall follow procedures detailed in 40 CFR 86.130-96 and 86.131-96.

[59 FR 7813, Feb. 16, 1994, as amended at 71 FR 74567, Dec. 15, 2005]

§ 80.51 Vehicle test procedures.

The test sequence applicable when augmenting the emission models through vehicle testing is as follows:

(a) Prepare vehicles per § 80.50.

(b) Initial preconditioning per § 80.52(a)(1). Vehicles shall be refueled randomly with the fuels required in § 80.49 when testing to augment the complex emission model.

(c) Exhaust emissions tests, dynamometer procedure per 40 CFR 86.137-90 with:

(1) Exhaust Benzene and 1,3-Butadiene emissions measured per § 80.55; and

(2) Formaldehyde and Acetelaldehyde emissions measured per § 80.56.

§ 80.52 Vehicle preconditioning.

(a) Initial vehicle preconditioning and preconditioning between tests with different fuels shall be performed in accordance with the “General vehicle handling requirements” per 40 CFR 86.132-96, up to and including the completion of the hot start exhaust test.

(b) The preconditioning procedure prescribed at 40 CFR 86.132-96 shall be observed for preconditioning vehicles between tests using the same fuel.

§§ 80.53-80.54 [Reserved]
§ 80.55 Measurement methods for benzene and 1,3-butadiene.

(a) Sampling for benzene and 1,3-butadiene must be accomplished by bag sampling as used for total hydrocarbons determination. This procedure is detailed in 40 CFR 86.109.

(b) Benzene and 1,3-butadiene must be analyzed by gas chromatography. Expected values for benzene and 1,3-butadiene in bag samples for the baseline fuel are 4.0 ppm and 0.30 ppm respectively. At least three standards ranging from at minimum 50% to 150% of these expected values must be used to calibrate the detector. An additional standard of at most 0.01 ppm must also be measured to determine the required limit of quantification as described in paragraph (d) of this section.

(c) The sample injection size used in the chromatograph must be sufficient to be above the laboratory determined limit of quantification (LOQ) as defined in paragraph (d) of this section for at least one of the bag samples. A control chart of the measurements of the standards used to determine the response, repeatability, and limit of quantitation of the instrumental method for 1,3-butadiene and benzene must be reported.

(d) As in all types of sampling and analysis procedures, good laboratory practices must be used. See, Lawrence, Principals of Environmental Analysis, 55 Analytical Chemistry 14, at 2210-2218 (1983) (copies may be obtained from the publisher, American Chemical Society, 1155 16th Street NW., Washington, DC 20036). Reporting reproducibility control charts and limits of detection measurements are integral procedures to assess the validity of the chosen analytical method. The repeatability of the test method must be determined by measuring a standard periodically during testing and recording the measured values on a control chart. The control chart shows the error between the measured standard and the prepared standard concentration for the periodic testing. The error between the measured standard and the actual standard indicates the uncertainty in the analysis. The limit of detection (LOD) is determined by repeatedly measuring a blank and a standard prepared at a concentration near an assumed value of the limit of detection. If the average concentration minus the average of the blanks is greater than three standard deviations of these measurements, then the limit of detection is at least as low as the prepared standard. The limit of quantitation (LOQ) is defined as ten times the standard deviation of these measurements. This quantity defines the amount of sample required to be measured for a valid analysis.

(e) Other sampling and analytical techniques will be allowed if they can be proven to have equal specificity and equal or better limits of quantitation. Data from alternative methods that can be demonstrated to have equivalent or superior limits of detection, precision, and accuracy may be accepted by the Administrator with individual prior approval.

§ 80.56 Measurement methods for formaldehyde and acetaldehyde.

(a) Formaldehyde and acetaldehyde will be measured by drawing exhaust samples from heated lines through either 2,4-Dinitrophenylhydrazine (DNPH) impregnated cartridges or impingers filled with solutions of DNPH in acetonitrile (ACN) as described in §§ 86.109 and 86.140 of this chapter for formaldehyde analysis. Diluted exhaust sample volumes must be at least 15 L for impingers containing 20 ml of absorbing solution (using more absorbing solution in the impinger requires proportionally more gas sample to be taken) and at least 4 L for cartridges. As required in § 86.109 of this chapter, two impingers or cartridges must be connected in series to detect breakthrough of the first impinger or cartridge.

(b) In addition, sufficient sample must be drawn through the collecting cartridges or impingers so that the measured quantity of aldehyde is sufficiently greater than the minimum limit of quantitation of the test method for at least a portion of the exhaust test procedure. The limit of quantitation is determined using the technique defined in § 80.55(d).

(c) Each of the impinger samples are quantitatively transferred to a 25 mL volumetric flask (5 mL more than the sample impinger volume) and brought to volume with ACN. The cartridge samples are eluted in reversed direction by gravity feed with 6mL of ACN. The eluate is collected in a graduated test tube and made up to the 5mL mark with ACN. Both the impinger and cartridge samples must be analyzed by HPLC without additional sample preparation.

(d) The analysis of the aldehyde derivatives collected is accomplished with a high performance liquid chromatograph (HPLC). Standards consisting of the hydrazone derivative of formaldehyde and acetaldehyde are used to determine the response, repeatability, and limit of quantitation of the HPLC method chosen for acetaldehyde and formaldehyde.

(e) Other sampling and analytical techniques will be allowed if they can be proven to have equal specificity and equal or better limits of quantitation. Data from alternative methods that can be demonstrated to have equivalent or superior limits of detection, precision, and accuracy may be accepted by the Administrator with individual prior approval.

§§ 80.57-80.58 [Reserved]
§ 80.59 General test fleet requirements for vehicle testing.

(a) The test fleet must consist of only 1989-91 MY vehicles which are technologically equivalent to 1990 MY vehicles, or of 1986-88 MY vehicles for which no changes to the engine or exhaust system that would significantly affect emissions have been made through the 1990 model year. To be technologically equivalent vehicles at minimum must have closed-loop systems and possess adaptive learning.

(b) No maintenance or replacement of any vehicle component is permitted except when necessary to ensure operator safety or as specifically permitted in § 80.60 and § 80.61. All vehicle maintenance procedures must be reported to the Administrator.

(c) Each vehicle in the test fleet shall have no fewer than 4,000 miles of accumulated mileage prior to being included in the test program.

[59 FR 7813, Feb. 16, 1994, as amended at 59 FR 36962, July 20, 1994]

§ 80.60 Test fleet requirements for exhaust emission testing.

(a) Candidate vehicles which conform to the emission performance requirements defined in paragraphs (b) through (d) of this section shall be obtained directly from the in-use fleet and tested in their as-received condition.

(b) Candidate vehicles for the test fleet must be screened for their exhaust VOC emissions in accordance with the provisions in § 80.62.

(c) On the basis of pretesting pursuant to paragraph (b) of this section, the test fleet shall be subdivided into two emitter group sub-fleets: the normal emitter group and the higher emitter group.

(1) Each vehicle with an exhaust total hydrocarbon (THC) emissions rate which is less than or equal to twice the applicable emissions standard shall be placed in the normal emitter group.

(2) Each vehicle with an exhaust THC emissions rate which is greater than two times the applicable emissions standard shall be placed in the higher emitter group.

(d) The test vehicles in each emitter group must conform to the requirements of paragraphs (d)(1) through (4) of this section.

(1) Test vehicles for the normal emitter sub-fleet must be selected from the list shown in this paragraph (d)(1). This list is arranged in order of descending vehicle priority, such that the order in which vehicles are added to the normal emitter sub-fleet must conform to the order shown (e.g., a ten-vehicle normal emitter group sub-fleet must consist of the first ten vehicles listed in this paragraph (d)(1)). If more vehicles are tested than the minimum number of vehicles required for the normal emitter sub-fleet, additional vehicles are to be added to the fleet in the order specified in this paragraph (d)(1), beginning with the next vehicle not already included in the group. The vehicles in the normal emitter sub-fleet must possess the characteristics indicated in the list. If the end of the list is reached in adding vehicles to the normal emitter sub-fleet and additional vehicles are desired then they shall be added beginning with vehicle number one, and must be added to the normal emitter sub-fleet in accordance with the order in table A:

Table A - Test Fleet Definitions

Veh. No. Fuel system Catalyst Air injection EGR Tech. group Manufacturer
1 Multi 3W No Air EGR 1 GM.
2 Multi 3W No Air No EGR 2 Ford.
3 TBI 3W No Air EGR 3 GM.
4 Multi 3W + OX Air EGR 4 Ford.
5 Multi 3W No Air EGR 1 Honda.
6 Multi 3W No Air No EGR 2 GM.
7 TBI 3W No Air EGR 3 Chrysler.
8 Multi 3W + OX Air EGR 4 GM.
9 TBI 3W + OX Air EGR 7 Chrysler.
10 Multi 3W Air EGR 5 Toyota.
11 Multi 3W No Air EGR 1 Ford.
12 Multi 3W No Air No EGR 2 Chrysler.
13 Carb 3W + OX Air EGR 9 Toyota.
14 TBI 3W No Air EGR 3 Ford.
15 Multi 3W + OX Air EGR 4 GM.
16 Multi 3W No Air EGR 1 Toyota.
17 Multi 3W No Air No EGR 2 Mazda.
18 TBI 3W No Air EGR 3 GM.
19 Multi 3W + OX Air EGR 4 Ford.
20 Multi 3W No Air EGR 1 Nissan.

Table B - Tech Group Definitions in Table A

Tech group Fuel system Catalyst Air injection EGR
1 Multi 3W No Air EGR.
2 Multi 3W No Air No EGR.
3 TBI 3W No Air EGR.
4 Multi 3W + OX Air EGR.
5 Multi 3W Air EGR.
6 TBI 3W Air EGR.
7 TBI 3W + OX Air EGR.
8 TBI 3W No Air No EGR.
9 Carb 3W + OX Air EGR.

Legend:

Fuel system:

Multi = Multi-point fuel injection

TBI = Throttle body fuel injection

Carb = Carburetted

Catalyst:

3W = 3-Way catalyst

3W + OX = 3-Way catalyst plus an oxidation catalyst

Air Injection:

Air = Air injection

EGR = Exhaust gas recirculation

(2) Test vehicles for the higher emitter sub-fleet shall be selected from the in-use fleet in accordance with paragraphs (a) and (b) of this section and with § 80.59. Test vehicles for the higher emitter sub-fleet are not required to follow the pattern established in paragraph (d)(1) of this section.

(3) The minimum test fleet size is 20 vehicles. Half of the vehicles tested must be included in the normal emitter sub-fleet and half of the vehicles tested must be in the higher emitter sub-fleet. If additional vehicles are tested beyond the minimum of twenty vehicles, the additional vehicles shall be distributed equally between the normal and higher emitter sub-fleets.

(4) For each emitter group sub-fleet, 70 ±9.5% of the sub-fleet must be LDVs, & 30 ±9.5% must be LDTs. LDTs include light-duty trucks class 1 (LDT1), and light-duty trucks class 2 (LDT2) up to 8500 lbs GVWR.

§ 80.61 [Reserved]
§ 80.62 Vehicle test procedures to place vehicles in emitter group sub-fleets.

One of the two following test procedures must be used to screen candidate vehicles for their exhaust THC emissions to place them within the emitter group sub-fleets in accordance with the requirements of § 80.60.

(a) Candidate vehicles may be tested for their exhaust THC emissions using the Federal test procedure as detailed in 40 CFR part 86, with gasoline conforming to requirements detailed in 40 CFR 86.113-90. The results shall be used in accordance with the requirements in § 80.60 to place the vehicles within their respective emitter groups.

(b) Alternatively, candidate vehicles may be screened for their exhaust THC emissions with the IM240 short test procedure.[1] The results from the IM240 shall be converted into results comparable with the standard exhaust FTP as detailed in this paragraph (b) to place the vehicles within their respective emitter groups in accordance with the requirements of § 80.60.

(1) A candidate vehicle with IM240 test results <0.367 grams THC per vehicle mile shall be classified as a normal emitter.

(2) A candidate vehicle with IM240 test results ≥0.367 grams THC per vehicle mile shall be classified as a higher emitter.

§§ 80.63-80.64 [Reserved]
§ 80.65 General requirements for refiners and importers.

(a) Date requirements begin. The requirements of this subpart D apply to all gasoline produced, imported, transported, stored, sold, or dispensed:

(1) At any location other than retail outlets and wholesale purchaser-consumer facilities on or after December 1, 1994; and

(2) At any location on or after January 1, 1995.

(b) Certification of gasoline and RBOB. Gasoline or RBOB sold or dispensed in a covered area must be certified under § 80.40.

(c) Standards must be met on either a per-gallon or on an average basis.

(1) Any refiner or importer, for each batch of reformulated gasoline or RBOB it produces or imports, shall meet:

(i) Those standards and requirements it designated under paragraph (d) of this section for per-gallon compliance on a per-gallon basis; and

(ii) Those standards and requirements it designated under paragraph (d) of this section for average compliance on an average basis over the applicable averaging period.

(2) [Reserved]

(3)

(i) For each averaging period, and separately for each parameter that may be met either per-gallon or on average, any refiner shall designate for each refinery, or any importer shall designate its gasoline or RBOB as being subject to the standard applicable to that parameter on either a per-gallon or average basis. For any specific averaging period and parameter all batches of gasoline or RBOB shall be designated as being subject to the per-gallon standard, or all batches of gasoline and RBOB shall be designated as being subject to the average standard. For any specific averaging period and parameter a refiner for a refinery, or any importer may not designate certain batches as being subject to the per-gallon standard and others as being subject to the average standard.

(ii) In the event any refiner for a refinery, or any importer fails to meet the requirements of paragraph (c)(3)(i) of this section and for a specific averaging period and parameter designates certain batches as being subject to the per-gallon standard and others as being subject to the average, all batches produced or imported during the averaging period that were designated as being subject to the average standard shall, ab initio, be redesignated as being subject to the per-gallon standard. This redesignation shall apply regardless of whether the batches in question met or failed to meet the per-gallon standard for the parameter in question.

(d) Designation of gasoline. Any refiner or importer of gasoline shall designate the gasoline it produces or imports as follows:

(1) All gasoline produced or imported shall be properly designated as reformulated gasoline, conventional gasoline, RBOB, or CBOB.

(2) All gasoline designated as reformulated or as RBOB shall be further properly designated as:

(i) Either VOC-controlled or not VOC-controlled;

(ii) In the case of gasoline or RBOB designated as VOC-controlled:

(A) Either intended for use in VOC-Control Region 1 or VOC-Control Region 2 (as defined in § 80.71); or

(B) Designated as “adjusted VOC gasoline” (as defined in § 80.40(c)(1));

(iii-iv) [Reserved]

(v) For each of the following parameters, either gasoline or RBOB which meets the standard applicable to that parameter on a per-gallon basis or on average -

(A) Toxics emissions performance;

(B) NOX emissions performance in the case of gasoline certified using the complex model.

(C) Benzene content; and

(D) In the case of VOC-controlled gasoline or RBOB certified using the complex model, VOC emissions performance; and

(vi) In the case of RBOB, the gasoline must be designated as RBOB and the designation must include the type(s) and amount(s) of oxygenate required to be blended with the RBOB.

(3) Every batch of reformulated gasoline, conventional gasoline, RBOB, or CBOB produced or imported at each refinery or import facility shall be assigned a number (the “batch number”), consisting of the EPA-assigned refiner or importer registration number, the EPA facility registration number, the last two digits of the year in which the batch was produced, and a unique number for the batch, beginning with the number one for the first batch produced or imported each calendar year and each subsequent batch during the calendar year being assigned the next sequential number (e.g., 4321-54321-95-000001, 4321-54321-95-000002, etc.).

(e) Determination of volume and properties.

(1) Except as provided in paragraphs (e)(3) and (4) of this section, each refiner or importer shall, for each batch of reformulated gasoline or RBOB produced or imported, determine the volume and the value of each of the properties specified in paragraph (e)(2)(i) of this section, except that the value for RVP must be determined only in the case of reformulated gasoline or RBOB that is VOC-controlled. These determinations shall -

(i) Be based on a representative sample of the reformulated gasoline or RBOB that is analyzed using the methodologies specified in § 80.46 through December 31, 2015, or, beginning January 1, 2016, in either § 80.46 or § 80.47;

(ii) In the case of RBOB, follow the oxygenate blending instructions specified in § 80.69(a);

(iii) Be carried out either by the refiner or importer, or by an independent laboratory; and

(iv) Be completed prior to the gasoline or RBOB leaving the refinery or import facility for each parameter that the gasoline or RBOB is subject to, or that is used to calculate an emissions performance that the gasoline or RBOB is subject to, under § 80.41(a) through (f).

(2) In the event that the value of any of these properties is determined by the refiner or importer and by an independent laboratory in conformance with the requirements of paragraph (f) of this section -

(i) The results of the analyses conducted by the refiner or importer for such properties shall be used as the basis for compliance determinations unless the absolute value of the differences of the test results from the two laboratories is larger than the following values:

Fuel property Range
Sulfur content 25 ppm
Aromatics content 2.7 vol %
Olefins content 2.5 vol %
Benzene content 0.21 vol %
Ethanol content 0.4 vol %
Methanol content 0.2 vol %
MTBE (and other methyl ethers) content 0.6 vol %
ETBE (and other ethyl ethers) content 0.6 vol %
TAME 0.6 vol %
t-Butanol content 0.6 vol %
RVP 0.3 psi
50% distillation (T50) 5 °F
90% distillation (T90) 5 °F
E200 2.5 vol %
E300 3.5 vol %
API Gravity 0.3 °API

(ii) In the event the values from the two laboratories for any property fall outside these ranges, the refiner or importer shall use as the basis for compliance determinations:

(A) The larger of the two values for the property, except the smaller of the two results shall be used for oxygenates; or

(B) The refiner or importer shall have the gasoline analyzed for the property at one additional independent laboratory. If this second independent laboratory obtains a result for the property that is within the range, as listed in paragraph (e)(2)(i) of this section, of the refiner's or importer's result for this property, then the refiner's or importer's result shall be used as the basis for compliance determinations.

(3) Beginning January 1, 2013, API Gravity is not required to be measured or reported for the purpose of batch certification.

(4) For the purposes of meeting the requirements of this paragraph (e) for any winter fuel parameter except benzene, oxygenate, RVP and sulfur, any refiner or importer may, prior to analysis, combine samples of gasoline collected from more than one batch of gasoline or blendstock (“composite sample”), and treat such composite sample as one batch of gasoline or blendstock provided that the refiner or importer meets all the following requirements:

(i) Samples must be from a single reporting year, must be limited to non-VOC gasoline, and must be of a single grade of gasoline or of a single type of batch-produced blendstock.

(ii) Combines samples of gasoline that are produced or imported over a period no longer than one month. Blendstock samples of a single blendstock type obtained from continuous processes over a calendar month may be mixed together to form one blendstock sample and the sample subsequently analyzed for the required fuel parameters.

(iii)

(A) Samples shall have been collected and stored using good laboratory practices in order to prevent change in product composition with regard to baseline properties and to minimize loss of volatile fractions of the sample.

(B) Properties of the retained samples shall be adjusted for loss of butane or pentane by comparing the RVP measured immediately after blending with the RVP determined at the time that the supplemental properties are measured.

(C) The volume of each batch or shipment sampled, to the nearest gallon, shall have been noted and the sum of the volumes, in gallons, calculated.

(iv) For each batch or shipment sampled, the ratio of its volume to the total volume determined in paragraph (e)(4)(iii)(C) of this section shall be determined to three decimal places. This shall be the volumetric fraction of the shipment in the mixture.

(v) The total minimum volume required to perform duplicate analyses to obtain values of all of the required fuel parameters shall be determined.

(vi) The volumetric fraction determined in paragraph (e)(4)(iv) of this section for each batch or shipment shall be multiplied by the value determined in