Rule2024-31218
Fuels Regulatory Streamlining Sampling and Testing Updates
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 15, 2025
Effective
July 1, 2025
Issuing agencies
Environmental Protection Agency
Abstract
This action finalizes revisions, updates, and corrections to EPA's streamlined fuel quality regulations. This action does not change the stringency of the existing fuel quality standards.
Full Text
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<title>Federal Register, Volume 90 Issue 9 (Wednesday, January 15, 2025)</title>
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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Rules and Regulations]
[Pages 4320-4373]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-31218]
[[Page 4319]]
Vol. 90
Wednesday,
No. 9
January 15, 2025
Part VII
Environmental Protection Agency
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40 CFR Part 1090
Fuels Regulatory Streamlining Sampling and Testing Updates; Final Rule
Federal Register / Vol. 90 , No. 9 / Wednesday, January 15, 2025 /
Rules and Regulations
[[Page 4320]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 1090
[EPA-HQ-OAR-2024-0143; FRL-8513-01-OAR]
RIN 2060-AV26
Fuels Regulatory Streamlining Sampling and Testing Updates
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This action finalizes revisions, updates, and corrections to
EPA's streamlined fuel quality regulations. This action does not change
the stringency of the existing fuel quality standards.
DATES: Effective date. This rule is effective on July 1, 2025. The
incorporation by reference of certain publications listed in this
regulation is approved by the Director of the Federal Register as of
July 1, 2025.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2024-0143. All documents in the docket are listed on the
<a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in the index, some
information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material is not available on the internet and
will be publicly available only in hard copy form. Publicly available
docket materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Nick Parsons, Environmental Protection
Agency, Office of Transportation and Air Quality, Assessment and
Standards Division, 2000 Traverwood Drive, Ann Arbor, MI 48105;
telephone number: (734) 214-4479; email address: <a href="/cdn-cgi/l/email-protection#5e2e3f2c2d31302d7030373d351e3b2e3f70393128"><span class="__cf_email__" data-cfemail="85f5e4f7f6eaebf6abebece6eec5e0f5e4abe2eaf3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Does this action apply to me?
Entities potentially affected by this action are those involved
with the production, distribution, and sale of transportation fuels,
including gasoline and diesel fuel. Potentially affected categories
include:
[GRAPHIC] [TIFF OMITTED] TR15JA25.002
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities potentially affected by this
action. This table lists the types of entities that EPA is now aware
could potentially be affected by this action. Other types of entities
not listed in the table could also be affected. To determine whether
your entity is affected by this action, you should carefully examine
the applicability criteria in 40 CFR part 1090. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Preamble acronyms and abbreviations. Throughout this document the
use of ``we,'' ``us,'' or ``our'' is intended to refer to EPA. We use
multiple acronyms and terms in this preamble. While this list may not
be exhaustive, to ease the reading of this preamble and for reference
purposes, EPA defines the following terms and acronyms here:
ARV accepted reference value
BOB gasoline before oxygenate blending
DFE denatured fuel ethanol
EMTS EPA Moderated Transaction System
GTAB gasoline treated as blendstock
NFSP National Fuel Survey Program
OFR Office of the Federal Register
PBMS Performance-based Measurement System
PCG previously certified gasoline
RTC response to comments
RVP Reid vapor pressure
SQC statistical quality control
TGP transmix gasoline product
Table of Contents
I. Background and Overview
II. Sampling and Testing
A. Determining the Volume of Non-Compliant Fuel
B. Requirements for In-Line Blending
C. Process for Amending In-Line Blending Waivers
D. Changes to Manual Sampling Provisions
E. Homogeneity Samples Used for Batch Certification
F. Retaining Samples
G. Homogeneity Testing of PCG
H. Precision and Accuracy Demonstration
I. Excluding SQC Data Points
J. Testing for Oxygenates in PCG Under Compliance by Subtraction
K. Noncompliant Certified Butane or Certified Pentane Test
Results
III. Other Technical Amendments
A. Definition of Batch
B. Truthful Reporting
C. Clarification of RVP Standard in Federal 7.8 psi RVP Areas
D. National Fuel Survey Program Notifications
E. Fuel Certification With Domestic Marine Vessels
F. Technical Corrections
IV. Updates to the Boutique Fuels List
[[Page 4321]]
V. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: Modernizing Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR Part 51
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations and Executive Order 14096: Revitalizing Our Nation's
Commitment to Environmental Justice for All
K. Congressional Review Act (CRA)
VI. Amendatory Instructions
VII. Statutory Authority
I. Background and Overview
On December 4, 2020, EPA finalized the Fuels Regulatory
Streamlining Rule (``streamlining rule'') that replaced EPA's prior
gasoline, diesel fuel, and other fuel quality programs in 40 CFR part
80 with a new set of provisions and definitions in 40 CFR part 1090.\1\
Since that time, EPA found that several provisions in 40 CFR part 1090
require further correction or clarification to better align with
current market practices; this action makes such changes. As further
discussed in section VI, the regulatory text in this document includes
both text that EPA is changing as well as text that EPA is republishing
without change for context and clarity in keeping with new guidance by
the Office of the Federal Register (OFR). EPA did not reopen for
comment any of the unchanged text. Specifically, EPA did not reopen any
fuel quality standard (e.g., the sulfur, benzene, and Reid vapor
pressure (RVP) standards for gasoline in 40 CFR part 1090, subpart C,
or the sulfur and cetane standards for diesel fuel in 40 CFR part 1090,
subpart D); the general requirements that regulated parties register
with EPA, maintain records, submit reports, etc.; or the general
requirements for averaging, banking, and trading.
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\1\ 85 FR 78412.
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This action makes amendments to two main areas of EPA's fuel
quality regulations. First, EPA is making minor revisions to provide
clarity and flexibility to provisions that govern how fuel, fuel
additives, and regulated blendstocks are sampled and tested to
demonstrate compliance. Since finalizing the streamlining rule, EPA
identified, with stakeholder input, several areas in the sampling and
testing provisions that need further consideration and clarification.
These areas include the in-line blending waiver provisions,
instructions for collecting samples through automatic and manual
sampling, the process for demonstrating homogeneity for certification
testing, and requirements related to demonstrating the accuracy and
precision of test methods. The sampling and testing amendments are
discussed in section II.
Second, EPA is making the following technical amendments, which are
discussed in section III:
<bullet> Clarification of definitions and general provisions.
<bullet> Clarification of the truthful reporting requirement.
<bullet> Clarification of the RVP standard in federal 7.8 psi RVP
areas.
<bullet> Adjustments to notifications under the National Fuel
Survey Program (NFSP).
<bullet> Addition of provisions to allow for certifying fuel loaded
onto domestic marine vessels.
<bullet> Numerous clarifications, corrections, and consistency
edits to the regulations.
Responses to comments received from stakeholders on the proposed
rule can be found in the associated Response to Comments (RTC)
document, available in the docket for this action.
II. Sampling and Testing
A. Determining the Volume of Non-Compliant Fuel
EPA is finalizing clarifications regarding how batches of fuel
certified through automatic sampling will be treated when a test result
indicates that a regulated parameter exceeds a per-gallon standard to
make it clear that the definition is consistent with EPA's historic
approach to per-gallon standards. A per-gallon standard is defined as
``the maximum or minimum value for any parameter that applies to every
volume unit of a specified fuel, fuel additive, or regulated
blendstock.'' \2\ Whether fuel is produced and tested by in-line
blending or in storage tanks, each gallon of fuel must meet all
applicable per-gallon standards. EPA expects fuel manufacturers to
apply a margin of safety to their production targets to ensure that all
fuel meets all applicable per-gallon standards in 40 CFR part 1090.
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\2\ 40 CFR 1090.80.
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The relevant regulations in the streamlining rule stated that ``[a]
batch is noncompliant if any tested sample does not meet all applicable
per-gallon standards.'' \3\ Since the streamlining rule was finalized
in 2020, several stakeholders expressed concern that this language
could be construed to mean that EPA would consider the entire volume of
a batch produced by in-line blending to be in violation of a per-gallon
standard whenever any test result exceeded the per-gallon standard. To
address this concern, EPA is finalizing the removal of the above-
referenced language in 40 CFR 1090.1335(e)(2) and replacing it with new
clarifying language in 40 CFR 1090.1335(b) and (c). Specifically, EPA
is first modifying the manual-sampling provisions in 40 CFR
1090.1335(b) to include the statement that ``The entire batch volume is
noncompliant if a sample fails to meet any applicable per-gallon
standard.'' This is intended to be consistent with the provision
described above from 40 CFR 1090.1335(e)(2). Second, EPA is modifying
the automatic-sampling provisions in 40 CFR 1090.1335(c) to clarify
that the entire batch volume is noncompliant if the composite sample
fails to meet any applicable per-gallon standard. However, if an in-
line sample fails to meet any applicable per-gallon standard, EPA would
consider the volume of noncompliant fuel to be the volume starting with
the last passing result before the failing result (or the start of the
batch), up to the first passing result after the failing result (or the
end of the batch). For example, if a head sample exceeds a standard,
followed shortly by a middle sample with a valid passing result, the
volume of noncompliant fuel would be limited to the portion of the
batch preceding the middle sample with the passing result. Also, if the
fuel manufacturer took an extra sample between the head and middle
samples and determined that the extra sample had a passing result, that
would further limit the volume of fuel considered noncompliant.
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\3\ 40 CFR 1090.1335(e)(2).
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This approach is intended to preserve EPA's long-standing principle
of requiring every tested sample to meet all applicable per-gallon
standards, while allowing EPA to consider a portion of the in-line
blended batch to be compliant based on tested samples that establish
the boundaries of what should be considered noncompliant. As stated in
the proposal, we believe this approach properly incentivizes fuel
manufacturers both to design and
[[Page 4322]]
manage their processes to provide for appropriate compliance margins
and to perform spot testing as appropriate to verify that the blended
fuel continues to meet all applicable per-gallon standards for the
whole batch.
Fuel manufacturers can measure fuel parameters using procedures
that are different than the test methods used to generate official test
results for certification. We recognize that those nonstandard
measurements provide value to fuel manufacturers to inform the blending
process and add assurance that the blend settings continue to maintain
compliant fuel across the batch. However, as nonstandard tests, those
measurements cannot be used to reduce the volume of fuel considered
noncompliant if there are test results from any official test method
showing that a sample fails to meet a per-gallon standard.
Commenters did not object to the proposed new provisions, but
instead recommended a flexible approach for establishing the exact
volume of fuel found to be noncompliant. As further discussed in RTC
section 2.1, we understand the penalty provisions of 40 CFR
1090.1710(g) to already allow the flexibility recommended by the
commenters. We are therefore adopting the amendments to 40 CFR
1090.1335 as proposed.
B. Requirements for In-Line Blending
In the streamlining rule, the in-line blending waiver provisions
required that interested fuel manufacturers submit general information
about their in-line blending equipment, including the location, layout,
operation, and monitoring of equipment.\4\ During EPA review and
approval of in-line blending waiver requests following finalization of
the streamlining rule, multiple stakeholders raised concerns regarding
the requirement to follow ASTM D4177 \5\ and the sampling and testing
of spot samples. Through iterative discussion with these stakeholders,
EPA approved multiple flexibilities addressing these and other concerns
in several individual waiver requests. As described in the rest of this
section, EPA is codifying these previously approved flexibilities in
the regulations for in-line blending waivers to ensure a transparent
framework. Including these provisions in the regulation also ensures
that all fuel manufacturers will follow a consistent set of provisions
for their in-line blending waivers. Because these in-line blending
flexibilities codify existing industry practices, we do not anticipate
any change in burdens on industry.
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\4\ 40 CFR 1090.1315.
\5\ ASTM D4177-22e1, ``Standard Practice for Automatic Sampling
of Petroleum and Petroleum Products,'' approved July 1, 2022.
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The rest of this section describes the provisions for in-line
blending waivers, which generally provide further flexibility or
provide EPA with additional information to help with overseeing in-line
blending processes.
1. Scope of Measurements and Sampling Frequency
EPA is finalizing as proposed the requirement at 40 CFR
1090.1315(a)(7) for fuel manufacturers to identify the blendstock
parameters that will be measured for managing the blending process and
the typical sampling frequency for those measurements. This will enable
EPA to better understand the fuel manufacturer's ability to manage the
blending process to keep fuel parameters within targeted values over
the course of the blend and to not exceed per-gallon standards.
Regarding sampling frequency, the general instruction for automatic
sampling at 40 CFR 1090.1335(c) is to follow ASTM D4177 and to create a
composite sample from at least 9,604 grabs to represent the batch, with
a secondary specification to collect samples with a sampling frequency
that does not exceed 20 seconds throughout the batch. The underlying
objective is to require a sampling frequency that corresponds to a
margin of error of 0.01. EPA is amending 40 CFR 1090.1335(c) to
identify three separate criteria to qualify sampling frequency: (1)
Collecting at least 9,604 grabs; (2) Collecting sufficient grabs to
achieve a margin of error of 0.01 or less; or (3) Maintaining a
sampling frequency that does not exceed 20 seconds through the batch.
In addition, we recognize that such a sampling frequency may be
difficult to achieve for certain batch characteristics. EPA is
therefore adding 40 CFR 1090.1315(a)(8) to allow fuel manufacturers to
describe in their in-line blending waiver requests circumstances where
they cannot meet the requirement to achieve a margin of error at or
below 0.01. Any fuel manufacturer in those circumstances would need to
quantify their measurement variability and adjust target values
downward to account for the greater margin of error. This approach is
intended to accommodate special circumstances without relaxing the per-
gallon standards that apply for the fuel.
Commenters did not raise concerns regarding the substance of the
amendments, but rather focused on properly describing the various
criteria and related documentation. As discussed in RTC section 2.1, we
have amended the regulation for the final rule consistent with the
suggested changes.
2. Reduced Spot Sampling for Small Batches
As described in section II.A, automatic sampling generally requires
collection of head, middle, and tail samples to confirm that the
blended fuel meets all applicable per-gallon standards across the
batch. We acknowledge that collecting all three of these spot samples
could be difficult for small batches due to the logistics of collecting
and analyzing samples during the blending process. EPA is finalizing as
proposed that in-line blending waivers may allow for reduced sampling
requirements for certain batch sizes to provide additional flexibility.
Specifically, EPA is allowing for collecting a single sample anytime
during the blend for a batch involving up to 8 hours of blending or up
to 1 million gallons of fuel, and for collecting two evenly distributed
samples during the blend for a batch involving up to 16 hours of
blending or up to 2 million gallons of fuel. These specified values
will be based on actual volume and duration. If a batch volume or
duration extends beyond what was anticipated and exceeds the specified
threshold for relief from sampling requirements, the fuel manufacturer
would need to collect additional samples.
Another possible challenge for complying with the requirement to
collect head, middle, and tail samples for automatic sampling is the
possibility of process dynamics that cause the fuel manufacturer to
terminate the batch earlier than planned. Any number of factors may
cause the early termination, and the termination may involve different
levels of urgency. We are aware that such an early termination may not
allow for an orderly process of collecting all the required fuel
samples. EPA is finalizing as proposed at 40 CFR 1090.1315(a)(10) that
in-line blending waivers may allow for failing to perform required
tests. The allowance for reduced sampling and testing is limited to
unforeseen circumstances. When the unforeseen circumstances allow for
it, fuel manufacturers should collect required samples whenever
possible. This may involve shifting toward an earlier collection when
there is uncertainty about blending duration for the batch, and there
should be an effort to adjust plans for an earlier collection when the
adjusted batch termination allows for it. However, to ensure that fuel
manufacturers do not always rely on this reduced-sampling option, EPA
is
[[Page 4323]]
only allowing fuel manufacturers to exercise this reduced-sampling
option for no more than 10 percent of their in-line blending batches
for the calendar year.\6\ If a fuel manufacturer exceeds the 10 percent
limit, EPA may consider that their in-line blending waiver has proven
inadequate in practice.\7\ We received no comments on the proposed
reduced sampling requirements and are therefore finalizing this
provision as proposed.
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\6\ We note that we have already allowed fuel manufacturers to
use this approach of a 10 percent limit under the current
regulations as a way to address situations where reduced sampling
and testing of in-line blending batches is necessary.
\7\ 40 CFR 1090.20(d) and (e).
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3. Contingency Plans for Equipment Failure
Some current in-line blending waivers include provisions that
describe how the fuel manufacturer would respond if their essential
test equipment fails, which we believe is an important contingency to
plan for. EPA is therefore adding a requirement at 40 CFR
1090.1315(a)(11) for in-line blending waivers to include this element
of emergency planning. Rather than specifying a standard practice, fuel
manufacturers will be required to describe their contingency plans for
alternative sampling and testing in cases involving failure of the
automatic compositor or other essential equipment. Such contingency
plans might appropriately consider a wide range of possible scenarios.
The overall goal of this contingency plan is to preserve the ability to
collect an appropriate sample to properly represent the batch for
purposes of demonstrating that the fuel meets all applicable per-gallon
standards. EPA is including in the regulation the specific example of
collecting a second composite sample with a redundant system. Such an
approach would minimize the risk of shipping fuel without proper
documentation for compliance, or alternatively avoid the burden of
finding a different sampling method to demonstrate compliance.
A commenter suggested that the regulation identify a second,
redundant compositor as an example of the contingency plan, rather than
requiring the second compositor ``where possible.'' As discussed in RTC
section 2.1, we agree that the regulation should simply identify the
second compositor as an example of appropriate contingency planning and
have changed the regulation accordingly.
4. Alternative Compliance Demonstration To Remedy Noncompliance
The current regulation contains a general requirement to
demonstrate that a batch of fuel, fuel additive, or regulated
blendstock meets all applicable per-gallon standards before any portion
of the batch leaves the facility.\8\ In-line blending waivers create an
exception to that general requirement, with the understanding that the
terms and conditions for a specific facility's blending process
includes process controls to give adequate assurance that fuel from in-
line blending will comply with all applicable per-gallon standards. The
question of possible remedies by a fuel manufacturer arises when
considering the possibility of test results showing that fuel coming
out of an in-line blending process does not in fact meet all applicable
per-gallon standards. To the extent that fuel has already left the
facility, EPA would expect to take appropriate action to address the
violation of failing to meet standards. However, fuel manufacturers may
be able to take further measures before the blended fuel leaves the
facility to demonstrate that the fuel meets all applicable per-gallon
standards. Such remedies would involve additional testing, and it may
also involve modifying or further blending the fuel to comply.
Therefore, EPA is allowing fuel manufacturers to specify an alternative
sampling demonstration in their contingency plan if an automatic
sampling test result fails to meet an applicable per-gallon standard,
as opposed to being subject to EPA action to address the violation of
failing to meet standards.
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\8\ 40 CFR 1090.1310(b).
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The amendment at 40 CFR 1090.1315(a)(12) identifies two example
remedies that would be available as long as the fuel remains at the
facility. First, we describe batch certification based on manual
sampling in a tank if the fuel manufacturer collects the entire batch
of blended fuel represented by the noncompliant test result in the tank
before it leaves the fuel manufacturing facility gate. Second, we
describe batch certification based on secondary automatic sampling as
fuel comes out of a holding tank used to collect the fuel that failed
to meet a per-gallon standard. Such approved alternative sampling
demonstrations would allow the fuel manufacturer to disregard the
earlier failing result if the subsequent valid measurements show that
all shipped fuel meets all applicable per-gallon standards. Commenters
did not object to the proposed requirement, but instead focused on
proper wording for the new provision, which we address in RTC section
2.1.
C. Process for Amending In-Line Blending Waivers
Section II.B describes additional information for fuel
manufacturers to include in in-line blending waivers. In most cases,
fuel manufacturers already include this information in their approved
in-line blending waivers. However, in some cases, fuel manufacturers
will likely need to make updates to their approved in-line blending
waivers to comport with these changes. We proposed an implementation
date of March 31, 2025, for the new specifications for in-line blending
waivers. Multiple commenters requested additional lead time to adjust
to the new provisions. In response to these comments and as further
discussed in RTC section 1.2, EPA agrees with commenters that
additional lead time is appropriate and therefore is finalizing the
requirement that all existing approved in-line blending waivers comply
with the new specifications by January 1, 2026.\9\
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\9\ We note that fuel manufacturers must also comply with the
associated attestation engagement requirements related to the new
in-line blending waiver provisions starting with either the 2025 or
2026 compliance period, whichever is the earliest compliance period
for which the waiver is in effect (i.e., fuel manufacturers that
update or already have an approved in-line blending waiver that
complies with 40 CFR 1090.1315(a)(7) through (13) by December 31,
2025, must comply with associated attestation engagement
requirements in 1090.1850(b) as part of their attestation engagement
report for the 2025 compliance period due June 1, 2026).
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To accommodate the timely review of these anticipated changes and
other periodic updates to fuel manufacturers' in-line blending waivers,
EPA is also finalizing the revised process for amending approved in-
line blending waivers. Specifically, EPA is requiring that requests for
an amended waiver include a description of the intended changes and a
comparison document that comprehensively and clearly identifies the
proposed changes to the waiver, and also include a statement attesting
to the truthfulness of the submitted information, as described in
section III.B. These specifications are intended to standardize the
format and substance of the information submitted for the requested
approval, with the intent of streamlining EPA review of the submitted
material. As stated in the proposal, EPA believes that it is
particularly important for the comparison document to include all
[[Page 4324]]
intended changes to the approved in-line blending waiver so that EPA
staff can focus their review on the suggested amendments to the waiver
instead of previously approved elements of the waiver.
While these specifications for requests to amend in-line blending
waivers will facilitate timely review by EPA staff, we are aware that
fuel manufacturers depend on timely processing of their requests even
when circumstances lead to a protracted review period. EPA is therefore
finalizing as proposed the provision deeming approval of a waiver
amendment request to be effective 60 days after EPA acknowledges
receiving the request if there is no further EPA response to the
request. Keying the date to our acknowledgement is important to avoid a
case where the fuel manufacturer submits the request in a way that does
not come directly to our attention. An EPA response to the request may
be in the form of denying the request, identifying deficiencies, or
requiring additional information. Under this approach, if EPA
identifies deficiencies or requires additional information, the deemed
approval date would be 60 days after EPA acknowledges receipt of the
subsequent submission that addresses the deficiencies or includes the
requested information.
Considering the timing items together, fuel manufacturers can
expect requests to amend their in-line blending waivers to comply with
the new requirements to be deemed approved for the 2026 compliance
period if the requests are submitted by November 1, 2025.
We received no comments opposing the creation of this automatic
approval process for in-line blending waiver updates and are therefore
finalizing this provision as proposed. Thus, as proposed, waiver
amendment requests will be deemed to be approved effective 60 days
after EPA acknowledges receiving the request if there is no further EPA
response to the request.
Commenters requested that we clarify how to determine when various
changes to blending and testing practices would trigger a need to
submit a request for updating an approved waiver. As discussed in RTC
section 2.1, we are amending the final rule at 40 CFR 1090.1315(c)(1)
to address these concerns.
D. Changes to Manual Sampling Provisions
EPA is finalizing as proposed the option to collect spot samples or
tap samples as a default method in addition to the currently specified
``running'' or ``all-levels'' sampling. In the streamlining rule, a
fuel manufacturer was required to collect a ``running'' or ``all-
levels'' sample from the top of the tank and could use tap sampling or
spot sampling to collect upper, middle, and lower samples only ``if a
running or all-levels sample is impractical for a given storage
configuration.'' \10\ Since finalization of the streamlining rule,
stakeholders expressed concern over the ambiguity of the term
``impractical'' and contended that tap or spot sampling is as robust as
running or all-levels sampling. As stated in the proposal, EPA agrees
that testing with spot samples or tap samples can be used to routinely
collect tank samples for testing. Homogeneity requirements further
ensure that spot samples and tap samples can properly represent the
batch. EPA is therefore allowing spot sampling and tap sampling to be
treated on par with running or all-levels sampling.
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\10\ 40 CFR 1090.1335(b).
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We received no comments on the proposed change to the manual
sampling provisions and are therefore finalizing this provision as
proposed.
E. Homogeneity Samples Used for Batch Certification
The streamlining rule added provisions describing a much more
detailed approach for demonstrating that a batch can be considered
homogeneous when drawing manual samples for certification.\11\ Industry
efforts to comply with these more detailed specifications have led to
requests for EPA to provide further clarification and adjustments to
accommodate several specific circumstances. We address comments
received on homogeneity samples used for batch certification in RTC
section 2.2.
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\11\ 40 CFR 1090.1337.
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1. Waivers From the Homogeneity Requirement
Under the current regulations, the homogeneity requirement is
waived for several certain situations.\12\ In this action, EPA is
finalizing as proposed the waiver of the homogeneity requirement for
three additional circumstances. First, as stated in the proposal, we
recognize that homogeneity testing is impractical for horizontal tanks
used for storing ethanol denaturant. EPA is therefore waiving the
homogeneity requirement for horizontal tanks with a circular or
elliptical cross section and with a volume less than 42,000 gallons to
align with current practice for storing ethanol denaturant. This waiver
includes a requirement to draw samples from the approximate mid-depth
of the product level to ensure that the measured parameters best
represent the batch. We received no comments on the proposed waiver of
the homogeneity requirement under this circumstance and are therefore
finalizing this provision as proposed.
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\12\ 40 CFR 1090.1337(a).
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Second, EPA is waiving the homogeneity requirement for certified
butane and certified pentane. Certified butane and certified pentane
are stored under pressure, which makes it impractical to collect
homogeneity samples using the methods of ASTM D4057.\13\ We received no
comments on the proposed waiver of the homogeneity requirement under
this circumstance and are therefore finalizing this provision as
proposed.
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\13\ ASTM D4057-22, ``Standard Practice for Manual Sampling of
Petroleum and Petroleum Products,'' approved May 1, 2022.
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Third, as discussed in the proposal, we are aware that a small
number of fuel tanks allow for tap sampling only at ground level, along
with sampling from the roof. Homogeneity testing with such a tank
configuration therefore depends on sampling from the roof. Section II.D
describes how EPA allows tap sampling as a method that is equivalent to
running or all-levels sampling. Based on those same concerns, we are
aware that homogeneity testing is not possible with a tank that has
only a single location for tap sampling when it is not an option to
sample from the roof. EPA is allowing an alternative homogeneity
demonstration when inclement weather prevents sampling from the roof
for such a fuel tank based on prior approval of a mixing process that
has been shown to achieve homogeneity. The mixing demonstration must
apply for the specific tank configuration and include consideration of
a range of product types, fill levels, and other relevant parameters to
ensure that the specific circumstances that apply for a given
certification support the conclusion that the mixed fuel would meet
homogeneity specifications. Anyone relying on this waiver from the
homogeneity requirement would be required to keep records documenting
EPA approval of the mixing procedure, the specific actions taken to
follow the approved mixing procedure, and the forcing weather event. We
received no comments opposing the creation of provisions for an
alternative homogeneity demonstration when inclement weather prevents
roof sampling and are therefore finalizing this provision as proposed.
However, one commenter suggested that we allow
[[Page 4325]]
for additional flexibilities related to safety issues, which we are not
finalizing for reasons discussed in RTC section 2.2.
2. Homogeneity Testing Requirements
EPA is finalizing clarifications to the homogeneity testing
requirements for special cases.\14\ The first case addresses
homogeneity test results that fall below the lower range for a given
parameter. The homogeneity demonstration depends on showing that
multiple samples collected in different places inside the tank have
measured values that are consistent. As discussed in the proposal, test
results are not helpful for comparing results across samples if
measured values are at or below the lower limit of the test method. As
proposed, EPA is disallowing using measurements for demonstrating
homogeneity if multiple measured values are at or below the pooled
limit of quantitation (PLOQ), laboratory limit of quantitation (LLOQ),
or the valid range of the test method. In those cases, EPA is requiring
that homogeneity testing instead be based on one of the following: (1)
Testing with a different qualifying, valid test method for the same
parameter; or (2) Testing a different parameter identified in 40 CFR
1090.1337(d) and (e). For example, if a fuel manufacturer tested a
summer gasoline for both RVP (required) and sulfur, and multiple sulfur
measurements using ASTM D2622 \15\ were below the valid range of the
test method, the fuel manufacturer could not use those values to
demonstrate homogeneity. In this situation, the fuel manufacturer would
need to perform homogeneity testing by one of the following methods:
(1) Measuring sulfur with an approved alternative test method; (2)
Measuring benzene with the referee test method or an approved
alternative test method; or (3) Measuring density or API gravity using
one of the test methods specified in 40 CFR 1090.1337(d)(1). Commenters
suggested that EPA allow for parties to use test results outside of the
valid range of the method for sulfur and benzene measured for
homogeneity testing. We address these comments and describe why we are
finalizing 40 CFR 1090.1337(f)(2) as proposed in RTC section 2.2.
---------------------------------------------------------------------------
\14\ 40 CFR 1090.1337(f).
\15\ ASTM D2622-16, ``Standard Test Method for Sulfur in
Petroleum Products by Wavelength Dispersive X-ray Fluorescence
Spectrometry,'' approved January 1, 2016.
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The second case relates to testing that includes results for more
than the required number of parameters. Homogeneity testing for
gasoline and transmix gasoline product (TGP) involves measurements of
at least two parameters, while homogeneity testing for diesel fuel
involves measurements of at least one parameter. A laboratory may have
commercial or other reasons to perform measurements that include more
than the minimum number of tests for demonstrating homogeneity. We
proposed a provision that if more than the required parameters are
tested, homogeneity testing fails when testing for any parameter other
than density or API gravity does not meet the applicable homogeneity
criterion. We did not receive any comments on this testing requirement
and are therefore finalizing this provision as proposed.
The third case is for density or API gravity results that fall
above the current scope of ASTM D4052.\16\ For valid testing, ASTM
D4052 currently specifies an upper limit of 66[deg] API. EPA is
allowing the temporary option to use test results above 66[deg] API for
homogeneity testing with ASTM D4052. Calculations for samples that
exceed 66[deg] API would be based on the same equation that applies for
results that are 51-66[deg] API. This allowance applies for testing
performed with ASTM D4052 through December 31, 2026. This temporary
provision allows for continued testing for this commonly used test
method, with the expectation that the ongoing ASTM process for updating
the test method will allow for valid measurements above 66[deg] API by
the end of 2026. EPA is aware that ASTM has started the process to
update the precision statements for ASTM D4052, which would allow for
expanding the acceptable upper API gravity range in the specified
timeframe. Commenters sought further clarification of the proposed
provisions related to allowing for temporary expanded scope of ASTM
D4052. In response to these comments and as further discussed in RTC
section 2.2, we are finalizing two adjustments to the proposed
provisions to more carefully address the transition to a revised test
method with updated precision statements. First, parties may request to
continue using the temporary expanded scope of ASTM D4052 beyond
December 31, 2026, in case additional time is necessary for ASTM to
update the test method. Second, parties may request to use the updated
version of ASTM D4052 if it includes appropriately updated precision
statements. Commenters also identified the need to accommodate a
similar problem for the API gravity range of 45-51[deg] for renewable
diesel fuel. We note that this interim provision as proposed, and as
modified for the final rule, applies for any fuel that has an API
gravity that falls outside the range of the test method, including
renewable diesel fuel.
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\16\ ASTM D4052-18a, ``Standard Test Method for Density,
Relative Density, and API Gravity of Liquids by Digital Density
Meter,'' approved December 15, 2018.
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F. Retaining Samples
The streamlining rule required fuel manufacturers and oxygenate
producers to retain untested (or less tested) samples for summer
gasoline and tested (or most tested) samples for winter gasoline,
diesel fuel, and oxygenate.\17\ The requirement for such parties to
retain tested samples (other than summer gasoline) was based on
minimizing any test differences for cases involving EPA duplication of
measurements already made to certify a batch. The requirement for
retaining untested samples of summer gasoline was based on ASTM
5191,\18\ which calls for RVP measurements to be from an aliquot that
is the first test specimen withdrawn from a sample container.
---------------------------------------------------------------------------
\17\ 40 CFR 1090.1345.
\18\ ASTM D5191-22, ``Standard Test Method for Vapor Pressure of
Petroleum Products and Liquid Fuels (Mini Method),'' approved July
1, 2022.
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Prior to the proposal, industry stakeholders had expressed concern
about the burden of complying with these sample retention requirements,
and we acknowledged that the advantage of repeating a measurement on a
tested sample is offset by the risk that the sampling process could
introduce errors caused by changing the characteristics of the sample.
Accordingly, we proposed to simplify the sample retention regulations
by requiring parties to retain only an untested sample that is
representative of the batch. A commenter requested that a single
representative sample (tested or untested) be retained instead of an
untested sample as proposed. They argued that the proposed approach
would result in the collection of unnecessary samples resulting in an
increased burden to industry. We believe that the commenter's approach
is appropriate in all cases except for summer gasoline. Keeping a
tested sample of summer gasoline would prevent any repeat testing for
RVP because the RVP test methods require measurements with untested
samples for a valid test result.
Therefore, in response to these comments and as further discussed
in RTC section 2.2, we are finalizing that fuel manufacturers must
retain an untested sample that is representative of a batch of summer
gasoline, and in other
[[Page 4326]]
cases they must retain any (tested or untested) sample that represents
the batch. This approach relies on the principle that demonstrating
homogeneity allows for any sample from the batch to be used for
measurements to establish test values to characterize the batch.
Untested samples allow for testing summer gasoline for RVP, and any
representative sample provides a useful starting point for measuring
any other parameters.
G. Homogeneity Testing of PCG
The regulations established by the streamlining rule specify
requirements that apply for a refiner or blending manufacturer that
adds blendstock to previously certified gasoline (PCG) to produce a new
batch of gasoline.\19\ Refiners and blending manufacturers can meet the
requirements based on either ``compliance by subtraction'' or
``compliance by addition.'' The streamlining rule established that
homogeneity requirements apply to the blendstocks and finished gasoline
for compliance by addition but did not address homogeneity for
compliance by subtraction for the PCG.\20\ Compliance by subtraction in
many cases does not depend on homogeneity testing because the relevant
fuel parameters for the PCG are already known, as the PCG previously
underwent certification testing consistent with the sampling and
testing requirements in 40 CFR part 1090, subpart N. However, we
proposed to clarify a requirement to apply homogeneity requirements for
compliance by subtraction if a batch of PCG was mixed with other
batches of PCG or if the batch of PCG was exempt from homogeneity
testing under 40 CFR 1090.1337(a)(4). Homogeneity testing for these
cases ensures that tested samples properly represent the batch after
blending.
---------------------------------------------------------------------------
\19\ 40 CFR 1090.1320.
\20\ Note that the finished gasoline created in a PCG compliance
by subtraction situation must meet the homogeneity requirements.
---------------------------------------------------------------------------
In response to a comment and as further discussed in RTC section
2.4, we are finalizing additional provisions to describe how
homogeneity requirements apply uniquely for PCG sampled from a
pipeline. Much like reduced spot sampling for small batches for in-line
blending as described in section II.B.2, the final rule includes a
provision waiving the homogeneity testing requirement for batch volumes
less than 1 million gallons. We are similarly specifying that the
homogeneity demonstration must be based on two samples for batch
volumes between 1 million and 2 million gallons, and on three samples
for batches with volume greater than 2 million gallons. Following a
successful homogeneity demonstration, the multiple homogeneity samples
must be composited for testing to measure sulfur, benzene, and
oxygenate to represent the batch.
We are also finalizing the clarification that, for any blending or
sampling scenario, 40 CFR 1090.1337(a)(4) allows for demonstrating
compliance without meeting homogeneity requirements by relying on the
worst-case test result, which in these cases would involve reporting
the lowest value of each measured parameter to characterize the batch
of blended fuel.
H. Precision and Accuracy Demonstration
The streamlining rule carried the principles for the Performance-
based Measurement System (PBMS) from 40 CFR part 80 into 40 CFR part
1090. The streamlining rule added specifications to clarify how to
apply quality-control testing requirements for meeting precision and
accuracy requirements. As discussed in the proposal, demonstrating
precision and accuracy is critical for ensuring that test results are
valid and properly represent the sample.\21\ In reviewing program
implementation for quality-control testing, we recognized the need to
address two shortcomings. First, while in-house testing for accuracy
requires that test results meet specifications, the option to
demonstrate compliance with accuracy requirements by periodically
participating in a crosscheck program does not identify a ``fail''
condition for nonconforming test results. Second, for both precision
and accuracy, the regulations do not describe the consequence for
failing to meet requirements.
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\21\ 40 CFR 1090.1375.
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EPA is finalizing a requirement that any of the following outcomes
would result in a failed test result from a crosscheck program and thus
are not valid for demonstrating compliance with accuracy requirements:
<bullet> The crosscheck program does not have a robust accepted
reference value (ARV) based on the check standard requirements in
Section 6.2 of ASTM D6299.\22\
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\22\ ASTM D6299-23a, ``Standard Practice for Applying
Statistical Quality Assurance and Control Charting Techniques to
Evaluate Analytical Measurement System Performance,'' approved
December 1, 2023.
---------------------------------------------------------------------------
<bullet> The difference between the test result and the ARV is
greater than the maximum allowable difference for accuracy under 40 CFR
1090.1375.
<bullet> The measured value lies outside of the three-sigma range
for the data from the relevant inter-laboratory crosscheck program.\23\
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\23\ The three-sigma range, assuming a normal distribution, will
contain 99.7 percent of the observations.
---------------------------------------------------------------------------
We are adopting the first of these two criteria as proposed. We
also proposed two additional fail criteria, both of which commenters
described as being overly restrictive. The first of these proposed fail
criteria was based on the difference between the test result and the
ARV being greater than the method-defined limit for check standard
accuracy. We agree that this criterion was too restrictive and have
removed this criterion from the final rule. The second of these
proposed fail criteria was based on the measured value lying outside of
two Z-scores.\24\ We also agree that this criterion was too
restrictive; however, to preserve the principle of staying within a
reasonable statistical boundary, we have revised the requirement for
the final rule to stipulate that results must fall within the three-
sigma range of the data from the relevant interlaboratory crosscheck
program. This adjustment provides a clear standard for evaluating
results, without being overly restrictive. We further discuss these
issues in RTC section 2.5.
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\24\ The Z-score is a standardized dimensionless measure of the
difference between an individual result in a data set and the sample
arithmetic mean.
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If test results from a crosscheck program are found to be invalid
for demonstrating compliance, EPA is finalizing the option for a
laboratory to make timely corrections to avoid a compliance or
enforcement consequence. Specifically, the laboratory would need to
respond to a problematic test result by performing a root cause
analysis and correcting the problem, which we understand to already be
standard practice across the industry. The laboratory would need to
document the findings of the root cause analysis and the steps taken to
correct the problem. Under this approach, the laboratory would have a
grace period to continue testing for 45 days without being out of
compliance, an increase of 10 days from the proposed 35-day grace
period. After that grace period, the laboratory would need to
demonstrate that they again meet accuracy and precision requirements.
The laboratory would be considered to continue to meet accuracy
requirements if, after correcting the problems identified by the root
cause analysis, in-house testing meets accuracy requirements using a
check standard qualified by a third party. Alternatively, the
laboratory
[[Page 4327]]
could participate in the next crosscheck program and receive test
results meeting specifications. We are also including a third option to
demonstrate compliance based on a non-VCSB correlation program
administered by a third party. We believe the deadline for correcting
issues represents a reasonable timeframe for taking remedial action and
getting new test results. Commenters suggested a longer grace period to
resolve issues, and greater flexibility in demonstrating such a
resolution. The extra 10 days for the compliance deadline and the
option to demonstrate compliance based on a non-VCSB correlation
program administered by a third party are intended to address those
concerns. We discuss these changes from the proposed rule in RTC
section 2.5.
As discussed in the proposal, failing to meet precision or accuracy
requirements indicates that test instruments are not suitable for
generating valid test results for certification. As a result, EPA is
specifying that presumed fuel parameters \25\ would apply any time a
laboratory fails to meet precision or accuracy requirements that
prevent it from demonstrating compliance with standards using valid
test results. For meeting accuracy requirements by participating in a
crosscheck program, the presumed fuel parameters would apply only if
the laboratory failed to correct the problems identified by the root
cause analysis and repeat testing with valid test results within the
specified timeframe. On the other hand, if corrective action is not
taken to remedy the failing result within the specified timeframe, the
presumed fuel parameters would apply relative to certification for
parameter measurements with the test instruments failing to meet
precision or accuracy requirements starting on the date the laboratory
received the first failing report from the crosscheck program.
---------------------------------------------------------------------------
\25\ 40 CFR 1090.1710(g).
---------------------------------------------------------------------------
One commenter suggested minor wording changes for the penalty-
related provisions. A different commenter advocated for allowing a
demonstration of appropriate parameter values for assessing penalties,
rather than relying on the presumed values identified in 40 CFR
1090.1710(g). However, we note that the penalty provisions at 40 CFR
1090.1710(g) already include a process for EPA to approve alternative
parameter values based on any relevant information. Since the
regulation already addresses the concern, we are including minor
wording changes, consistent with the comments, but are otherwise
finalizing as proposed the penalty-related provisions at 40 CFR
1090.1375(e).
It bears noting that these final revisions narrowly address
failures to meet precision and accuracy requirements in quality-control
testing under 40 CFR 1090.1375. Any broader or different failure to
meet testing specifications under 40 CFR part 1090 would be treated as
its own violation based on the circumstances that apply.
I. Excluding SQC Data Points
EPA is finalizing provisions to address exclusion of certain
outlier test results from statistical quality control (SQC) testing.
The regulations currently incorporate by reference ASTM D6299-20;
however, neither 40 CFR part 1090 nor ASTM D6299-20 clearly addresses
how to handle suspected outlier results obtained as part of SQC
testing.\26\ Since the streamlining rule was promulgated in 2020,
however, ASTM has updated this method to ASTM D6299-23a, which allows
for the exclusion of outliers in SQC testing. Fuel manufacturers have
asked EPA to update its incorporation by reference of ASTM D6299-20 in
40 CFR part 1090 to ASTM D6299-23a to also address outliers as part of
SQC testing. EPA is finalizing as proposed the reference to the updated
standard in the regulations.
---------------------------------------------------------------------------
\26\ 40 CFR 1090.95(c)(30) and 1090.1375.
---------------------------------------------------------------------------
As discussed in the proposal, the purpose of SQC testing is to
ensure that a fuel manufacturer or their third-party laboratory is
conducting valid tests to ensure compliance with EPA's fuel quality
requirements. Under ASTM D6299-23a, excluding an SQC test result can be
appropriate under two scenarios:
<bullet> Scenario 1: When identified as an outlier using an
appropriate statistical test, such as the Generalized Extreme
Studentized Deviate (GESD), and evidence gathered from an investigation
supports the exclusion. Supporting evidence could include a
transcription error or other assignable cause that is not part of the
normal process and needs to be properly documented.
<bullet> Scenario 2: During what is perceived to be normal
operations of the SQC process, an SQC test result might fall outside of
the Upper or Lower Control Limit, which is a strong indication of a
system that is out-of-statistical-control (OOS). However, an immediate
retest SQC sample should be performed to confirm the OOS event. If the
retest indicates the system is in control as described in ASTM D6299-
23a, then the OOS is not confirmed and the original SQC result might be
excluded following further statistical analysis as addressed in section
A1.5.4.1 of ASTM D6299-23a.
To provide clarity, EPA is finalizing as proposed the option for
outliers to be excluded from SQC samples--but not certification
samples--under the certain circumstances outlined in ASTM D6299-23a.
However, as discussed in the proposal, we are concerned that
parties may dub certain test results as outliers even though the test
result is valid and should be included as part of SQC simply because
the party does not like the test result. Therefore, EPA is also
finalizing as proposed recordkeeping requirements for exclusion events.
If SQC data are excluded using the protocols outlined in ASTM D6299-
23a, the laboratory would need to document the result as well as the
assignable cause and justification for exclusion. EPA expects that SQC
exclusions should be visible on the user's quality control chart while
at the same time be excluded from ongoing SQC statistics. Under this
approach, if EPA determines that the assignable cause for a test result
treated as an outlier was not consistent with the circumstances
described in ASTM D6299-23a, then such a test result would need to be
retroactively included in the party's SQC. Furthermore, if
documentation of the result as well as the assignable cause and
justification are not maintained, EPA is finalizing the requirement
that the test result also be included as part of the party's SQC.
We did not receive any comments on excluding SQC data points and
are therefore finalizing this provision as proposed.
J. Testing for Oxygenates in PCG Under Compliance by Subtraction
EPA is finalizing as proposed a separate procedure for blending
manufacturers that make a new batch of fuel with PCG that was a
gasoline before oxygenate blending (BOB) and do not want to account for
oxygenate added downstream under the compliance by subtraction
provisions at 40 CFR 1090.1320(a)(1).\27\ In the streamlining
[[Page 4328]]
rule, a blending manufacturer certifying a batch using the PCG by
subtraction procedures was required to create a hand blend of the PCG
if the PCG was a BOB to determine the parameters of the PCG that would
be used for the blending manufacturer's compliance calculations.\28\
EPA established this requirement to ensure consistent accounting of
sulfur and benzene levels of the PCG and believes that this approach is
reasonable in the case where both the manufacturer of the PCG (a BOB in
this case) and the manufacturer of the new finished fuel have accounted
for oxygenate added downstream. However, after finalization of the
streamlining rule, one stakeholder suggested that the creation of a
hand blend for the PCG would not result in an accurate accounting of
sulfur and benzene levels of the new finished fuel if the manufacturer
of such fuel did not account for oxygenate added downstream. Rather,
this stakeholder highlighted that testing both the PCG and the finished
fuel without the addition of oxygenates would result in the correct
sulfur and benzene levels of the reported sulfur and benzene values for
average annual compliance if the manufacturer did not intend to account
for oxygenate added downstream. Thus, in this circumstance there is no
need to create a hand blend. EPA agrees with this assessment and as
such is finalizing as proposed clarifications to the regulations to
accommodate the scenario where a blending manufacturer complies by
subtraction for PCG and does not account for oxygenate added
downstream. Under this scenario, the blending manufacturer would test
and report the sulfur and benzene values of the PCG and the finished
fuel without the addition of oxygenates, which would be netted during
the fuel manufacturer's annual compliance demonstration to report the
correct sulfur and benzene values of the added blendstock. As discussed
in the proposal, EPA still believes blending manufacturers that use the
compliance by subtraction provisions to certify batches of fuels
produced from PCG and elect to account for oxygenate added downstream
should follow the existing requirement to create a hand blend of both
the PCG and the finished fuel and are therefore not changing that
requirement.
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\27\ Under EPA's fuel quality regulations, a gasoline
manufacturer may add additional blendstocks to PCG to create a new
batch of gasoline so long as the gasoline manufacturer certifies the
new batch as meeting all applicable per-gallon standards, and
properly accounts for the sulfur and benzene levels of the gasoline
manufacturer's annual average compliance calculations. The
regulations at 40 CFR 1090.1320 provide two options for the
certification of a new batch using PCG. First, the gasoline
manufacturer may directly measure the gasoline and sulfur levels of
the added blendstock and report those measurements and the volume as
a positive batch thereby adding those values to the gasoline
manufacturer's annual sulfur and benzene compliance calculations;
this procedure is called compliance by addition. The gasoline
manufacturer may also determine the sulfur and benzene levels of the
new blendstocks by measuring the sulfur and benzene levels of the
PCG and the finished fuel then subtracting the PCG from the finished
fuel to determine the values of the added blendstock; as such, this
procedure is called compliance by subtraction. Gasoline
manufacturers often use the compliance by subtraction method for PCG
because it is often impractical to directly measure the sulfur and
benzene values of blendstocks.
\28\ 40 CFR 1090.1320(a)(1).
---------------------------------------------------------------------------
We did not receive any comments on testing for oxygenates in PCG
under compliance by subtraction provisions and are therefore finalizing
this provision as proposed.
K. Noncompliant Certified Butane or Certified Pentane Test Results
We proposed to clarify the treatment of certified butane or
certified pentane when a certified butane or certified pentane blender
obtains a test result under the quality assurance testing program that
exceeds a per-gallon standard for certified butane or certified pentane
in 40 CFR 1090.250 or 1090.255, respectively. We proposed that the
volume of certified butane or certified pentane associated with the
test result would be in violation of the per-gallon standard and that
the certified butane or certified pentane blender would have to obtain
sulfur or benzene credits calculated using the PCG by addition
procedures in 40 CFR 1090.1320(a)(2) to offset any sulfur or benzene
levels that exceeded the per-gallon standard.
Commenters requested that we further clarify which products and
parties would be in violation when certified butane or certified
pentane is found to be noncompliant with a per-gallon standard and that
we allow for the use of both PCG by subtraction and PCG by addition
procedures when this situation arises. In response to these comments
and as further discussed in RTC section 2.4, we are finalizing
clarified provisions and providing additional flexibility for the use
of PCG by subtraction procedures to address the per-gallon exceedance.
III. Other Technical Amendments
A. Definition of Batch
EPA is finalizing as proposed the modified definition of batch to
better align with how the sampling and testing regulatory provisions
establish the values for the regulated parameters for batches. Under
the streamlining rule, a batch was defined as a ``quantity of fuel,
fuel additive, or regulated blendstock that has a homogeneous set of
properties.'' \29\ The definition notes further that ``[t]his also
includes fuel, fuel additive, or regulated blendstock for which
homogeneity testing is not required under Sec. 1090.1337(a).'' Since
this definition was promulgated in the streamlining rule, industry
stakeholders have identified that the definition appears inconsistent
because it says that a batch must be homogeneous, but the regulations
also allow for certifying a batch without demonstrating homogeneity. It
is also the case that fuel produced with in-line blending procedures is
not subject to any homogeneity requirement. To address these concerns,
EPA is revising the definition of batch to mean ``a quantity of fuel,
fuel additive, or regulated blendstock with properties that can be
characterized by a single set of values using the measurement
procedures in subpart N of this part.'' We believe this framing better
reflects our intent to have the values established through the sampling
and testing provisions reflect the volume identified as the batch for
manual sampling in cases where homogeneity has been determined and in
cases where a party is allowed to certify a batch without demonstrating
homogeneity. The revised definition also aligns with the requirement
that fuel manufacturers using in-line blending must collect a single
composite sample that represents the whole batch being certified.
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\29\ 40 CFR 1090.80.
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We did not receive any comments on the proposed revision to the
definition of batch and are therefore finalizing this definition as
proposed.
B. Truthful Reporting
EPA is finalizing as proposed clarifications to a requirement that
applies to all information submitted to the Agency. Parties that submit
information to EPA must, among other things, ensure that the
information is complete, accurate, and not misleading according to the
submitter's personal knowledge and belief. This requirement is codified
at 18 U.S.C. 1001 and in several other statutory provisions. EPA's data
systems--such as DCFuel and the EPA Moderated Transaction System
(EMTS)--require the submitter to actively acknowledge this
responsibility. For DCFuel, the submitter confirms that the information
``meets all the requirements of the'' applicable regulations by
actively checking the certification box. Similarly, when information is
submitted through EMTS, the submitter certifies that, ``the information
shown is a correct and accurate account of the transaction(s) that have
taken place'' or, ``under penalty of law, that the information provided
in this document is, to the best of [the submitter's] knowledge and
belief, true, accurate, and complete. [The submitter is] aware that
there are significant penalties for submitting false information,
including the possibility of fines and
[[Page 4329]]
imprisonment for knowing violations.'' When information is submitted to
EPA through email, however, there was no equivalent certification made,
though the same requirement to submit complete, accurate, and not
misleading information still applied. Therefore, EPA is finalizing the
proposed statement in 40 CFR 1090.20(g) to ensure that the regulated
community is aware that this obligation applies to all information
submitted under 40 CFR part 1090, regardless of the form of that
submission. We note that the statutory requirement to submit complete,
accurate, and not misleading information applies with or without the
regulatory clarification.
We did not receive any comments on the proposed provision to
require truthful reporting and are therefore finalizing this provision
as proposed.
C. Clarification of RVP Standard in Federal 7.8 psi RVP Areas
EPA is finalizing as proposed a correction to the RVP standards for
federal 7.8 psi RVP areas to allow for the use of 9.0 psi RVP summer
gasoline in federal 7.8 psi RVP areas during the month of May. Prior to
the streamlining rule, gasoline used in federal 7.8 psi RVP areas had
to meet a 9.0 psi RVP standard during the month of May and a 7.8 psi
RVP standard for the remainder of the summer season (i.e., June 1 to
September 15). In the gasoline RVP standards specified in 40 CFR part
1090.215, EPA inadvertently modified the RVP standard for federal 7.8
psi RVP areas for the month of May in transcribing the previous RVP
standards table in 40 CFR 80.27. This revision fixes that transcription
error.
We did not receive any comments on the proposed clarification of
the RVP standard in Federal 7.8 psi RVP areas and are therefore
finalizing this provision as proposed.
D. National Fuel Survey Program Notifications
EPA is finalizing as proposed the requirement that independent
surveyors include additional information in notifications to EPA and
branded fuel manufacturers when the surveyor identifies potential non-
compliance as part of the NFSP. Under the current NFSP requirements,
the independent surveyor utilizes information about retail outlets to
identify potential locations and ultimately randomly selects retail
outlets for sampling. When the independent surveyor collects samples,
it tests the sample to determine whether it meets the applicable fuel
quality standards. If a test result exceeds one or more applicable
standards, the independent surveyor is required to notify EPA, the
retailer, and the branded fuel manufacturer (if applicable) within 24
hours of identifying the issue. The regulations in the streamlining
rule did not specify that the surveyor indicate the contact information
of the retail outlet in the notification provided to EPA or the branded
fuel manufacturer (if applicable), even though the independent surveyor
has this information readily available. Based on EPA's experience with
the NFSP to date, we believe that including such information as part of
the notifications for potentially non-compliant samples will help EPA
and branded fuel manufacturers more expeditiously resolve these issues
consistent with EPA's original intent in setting up the NFSP. As such,
EPA is finalizing the requirement that any notification to EPA or a
branded fuel manufacturer of a potential non-compliant sample include
the retail outlet's contact information, including name, title, mailing
address, telephone number, and email address of a representative of the
retail outlet, if available.
We did not receive any comments on the proposed notifications under
the NFSP and are therefore finalizing this provision as proposed.
E. Fuel Certification With Domestic Marine Vessels
Several stakeholders requested flexibility to meet testing
requirements for fuel certification when loading gasoline or diesel
fuel onto domestic marine vessels, specifically by sampling and testing
with the procedures that apply for importing fuel on marine vessels as
specified in 40 CFR 1090.1605. EPA is finalizing this flexibility with
minor edits subject to the stipulations that each vessel compartment is
sampled and tested independently, and that no additional product
loading or blending occurs after sampling and certification have been
completed. The marine vessel is also not permitted to navigate beyond
15 miles from the fuel manufacturing facility or to discharge fuel
until demonstrating compliance with all applicable per-gallon
standards. This condition is intended to allow fuel manufacturers to
free up dock space while waiting on test results. However, the fuel
manufacturer is still accountable for any noncompliance and maintains
responsibility for addressing any noncompliance before the fuel is
discharged. EPA selected the 15-mile limit based on discussions with
industry and believes this distance would be sufficient to allow for
vessels to travel to free up dock space and still return to port to
bring fuel back to the fuel manufacturing facility if an issue is
identified with the fuel after it has left the dock.
In response to a comment and as further discussed in RTC section
2.6, we are finalizing this flexibility with minor edits to clarify the
proposed language for fuel certification with domestic marine vessels.
F. Technical Corrections
EPA is finalizing as proposed numerous technical amendments to 40
CFR part 1090. These amendments are being made to correct minor
inaccuracies and clarify the current regulations. These changes are
described in table III.F-1, and we address comments on these
corrections and clarifications in RTC section 3.
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IV. Updates to the Boutique Fuels List
We are using this final action to provide a current list of
boutique fuels. Section 1541(b) of the Energy Policy Act of 2005
required EPA, in consultation with the Department of Energy (DOE), to
determine the total number of fuels approved into all SIPs, under Clean
Air Act (CAA) section 211(c)(4)(C), as of September 1, 2004, and
publish a list of such fuels including the state and Petroleum
Administration for Defense District (PADD) in which they are used for
public review and comment. EPA originally published the required list
on December 28, 2006.\31\
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\31\ 71 FR 78192.
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Additionally, we are required to remove any fuels from the
published list if the fuel either ceases to be included in a SIP or is
identical to a federal fuel.\32\ Since we last published an updated
boutique fuel list on December 4, 2020, such a change has occurred.\33\
Specifically, the requirements for the sale of gasoline with an RVP of
7.0 psi in the Kansas City, KS-MO area have been removed from the
Kansas and Missouri state implementation plans.\34\ We are also
clarifying that the
[[Page 4336]]
requirement for the sale of gasoline with an RVP of 7.0 psi in El Paso,
TX extends until September 16th of each year. In table IV-1, we are
providing an updated list of boutique fuels that includes all the
boutique fuels that are currently in approved SIPs. We maintain a list
of boutique fuels on our State Fuels website.\35\ We will continue to
update that website as changes to boutique fuels occur and periodically
announce updates in the Federal Register for fuels that are either
removed or added.
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\32\ CAA section 211(c)(4)(C)(v)(III).
\33\ 85 FR 78412, 78427.
\34\ EPA published a final rule on March 12, 2021 (86 FR 14000)
that removed Kansas' gasoline rule. EPA published a second final
rule on March 12, 2021 (86 FR 14007) that removed Missouri's
gasoline rule. Both rules were effective on April 12, 2021.
\35\ EPA's State Fuels website is available at <a href="https://www.epa.gov/gasoline-standards/state-fuels">https://www.epa.gov/gasoline-standards/state-fuels</a>.
[GRAPHIC] [TIFF OMITTED] TR15JA25.009
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was
therefore not subject to a requirement for Executive Order 12866
review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2060-0731.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, EPA concludes that the impact of concern for
this rule is any significant adverse economic impact on small entities
and that the agency is certifying that this rule will not have a
significant economic impact on a substantial number of small entities
because the rule has no net regulatory burden on the small entities
subject to the rule.
The small entities directly regulated by EPA's fuel quality
regulations are small refiners, which are defined at 13 CFR 121.201.
This action makes relatively minor corrections and modifications to
EPA's fuel quality regulations, and we do not anticipate that there
will be any significant cost increases associated with these changes.
We have therefore concluded that this action will have no net
regulatory burden for all directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action imposes
no enforceable duty on any state, local, or Tribal governments.
Requirements for the private sector do not exceed $100 million in any
one year.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the States, on the relationship between
the National Government and the States, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have Tribal implications as specified in
Executive Order 13175. This action will be implemented at the Federal
level and potentially affects transportation fuel refiners, blenders,
marketers, distributors, importers, exporters, and renewable fuel
producers and importers. Tribal governments would be affected only to
the extent they produce, purchase, and use regulated fuels. Thus,
Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order.
Therefore, this action is not subject to Executive Order 13045
because it does not concern an environmental health
[[Page 4337]]
risk or safety risk. Since this action does not concern human health,
EPA's Policy on Children's Health also does not apply.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51
This action involves technical standards. Except for the standards
discussed in this section, the standards included in the regulatory
text as incorporated by reference were all previously approved for
incorporation by reference (IBR) and no change is included in this
action.
In accordance with the requirements of 1 CFR 51.5, we are
incorporating by reference the use of attestation standards from the
American Institute of Certified Public Accountants (AICPA). The
referenced standards may be obtained from AICPA, 220 Leigh Farm Rd.,
Durham, NC 27707-8110, (919) 402-4500, or <a href="https://www.aicpa-cima.org">https://www.aicpa-cima.org</a>.
We are incorporating by reference the following standards from AICPA:
BILLING CODE 6560-50-P
[GRAPHIC] [TIFF OMITTED] TR15JA25.010
In accordance with the requirements of 1 CFR 51.5, we are
incorporating by reference the use of certain standards and test
methods from ASTM International. The referenced standards and test
methods may be obtained from ASTM International, 100 Barr Harbor Drive,
P.O. Box C700, West Conshohocken, PA, 19428-2959, (610) 832-9585, or
<a href="https://www.astm.org">https://www.astm.org</a>. We are incorporating by reference the following
standards from ASTM International:
[[Page 4338]]
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BILLING CODE 6560-50-C
[[Page 4340]]
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
EPA believes this type of action does not concern human health or
environmental conditions and therefore cannot be evaluated with respect
to potentially disproportionate and adverse effects on communities with
environmental justice concerns. This action does not affect the level
of protection provided to human health or the environment by applicable
air quality standards. This action makes relatively minor corrections
and modifications to EPA's existing fuel quality regulations and
therefore will not cause emissions increases from these sources.
K. Congressional Review Act (CRA)
This action is subject to the CRA, and the EPA will submit a rule
report to each House of the Congress and to the Comptroller General of
the United States. This action is not a ``major rule'' as defined by 5
U.S.C. 804(2).
VI. Amendatory Instructions
Amendatory instructions are the standard terms that OFR uses to
give specific instructions to agencies on how to change the CFR. OFR's
historical guidance was to include amendatory instructions accompanying
each individual change that was being made (e.g., each sentence or
individual paragraph). The piecemeal amendments served as an indication
of changes EPA was making. Due to the extensive number of technical and
conforming amendments included in this action, however, EPA is
utilizing OFR's new amendatory instruction ``revise and republish'' for
revisions that become effective in this action.\36\ Therefore, instead
of the past practice of piecemeal amendments for revisions to the CFR,
EPA is using the ``revise and republish'' instruction to both revise
regulatory text and republish in their entirety certain sections of 40
CFR part 1090 that contain the regulatory text being revised. To
indicate those portions of provisions where changes are being revised,
EPA has created a red-line version of 40 CFR part 1090 that
incorporates the changes. This red-line version is available in the
docket for this action, as well as on EPA's website at <a href="https://www.epa.gov/diesel-fuel-standards/fuels-regulatory-streamlining">https://www.epa.gov/diesel-fuel-standards/fuels-regulatory-streamlining</a>. This
red-line version provides further context to assist the public in
reviewing the regulatory text changes. As previously noted, EPA did not
reopen those unchanged provisions for comment. Republishing provisions
that are unchanged in this action is consistent with guidance from OFR.
---------------------------------------------------------------------------
\36\ OFR's Document Drafting Handbook (Chapter 2, 2-38) explains
that agencies ``[u]se [r]epublish to set out unchanged text for the
convenience of the reader, often to provide context for your
regulatory changes.'' <a href="https://www.archives.gov/federal-register/write/handbook">https://www.archives.gov/federal-register/write/handbook</a>. Additional information on OFR's mandatory use of
``revise and republish'' is available at <a href="https://www.archives.gov/federal-register/write/ddh/revise-republish">https://www.archives.gov/federal-register/write/ddh/revise-republish</a>.
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VII. Statutory Authority
Statutory authority for this action comes from sections 114, 202,
203, 204, 205, 206, 207, 208, 209, 211, 213, 216, and 301 of the Clean
Air Act, 42 U.S.C. 7414, 7521, 7522, 7523, 7524, 7525, 7541, 7542,
7543, 7545, 7547, 7550, and 7601.
List of Subjects in 40 CFR Part 1090
Environmental protection, Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports,
Incorporation by reference, Oil imports, Petroleum, Renewable fuel.
Michael S. Regan,
Administrator.
For the reasons set forth in the preamble, EPA amends 40 CFR part
1090 as follows:
PART 1090--REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED
BLENDSTOCKS
0
1. The authority citation for part 1090 continues to read as follows:
Authority: 42 U.S.C. 7414, 7521, 7522-7525, 7541, 7542, 7543,
7545, 7547, 7550, and 7601.
Subpart A--General Provisions
0
2. Amend Sec. 1090.1 by revising and republishing paragraph (a) to
read as follows:
Sec. 1090.1 Applicability and relationship to other parts.
(a) This part specifies fuel quality standards for gasoline and
diesel fuel introduced into commerce in the United States. Additional
requirements apply for fuel used in certain marine applications, as
specified in paragraph (b) of this section.
(1) The regulations include standards for fuel parameters that
directly or indirectly affect vehicle, engine, and equipment emissions,
air quality, and public health. The regulations also include standards
and requirements for fuel additives and regulated blendstocks that are
components of any fuel regulated under this part.
(2) This part also specifies requirements for any person who
engages in activities associated with the production, distribution,
storage, and sale of any fuel, fuel additive, or regulated blendstock,
such as collecting and testing samples for regulated parameters,
reporting information to EPA to demonstrate compliance with fuel
quality requirements, and performing other compliance measures to
implement the standards. A party that produces and distributes other
related products, such as heating oil, may need to meet certain
reporting, recordkeeping, labeling, or other requirements of this part.
* * * * *
0
3. Amend Sec. 1090.5 by:
0
a. Revising paragraphs (b)(3) and (c)(4); and
0
b. Adding paragraph (d).
The revisions and addition read as follows:
Sec. 1090.5 Implementation dates.
* * * * *
(b) * * *
(3) Unless otherwise specified, a regulated party must use the
provisions of 40 CFR part 80 in 2021 to demonstrate compliance with
regulatory requirements for the 2020 calendar year. This applies to
calculating credits for the 2020 compliance period, and to any
sampling, testing, reporting, or auditing related to any fuel, fuel
additive, or regulated blendstock produced or imported in 2020.
* * * * *
(c) * * *
(4) The independent surveyor may collect only one summer or winter
gasoline sample for each participating gasoline manufacturing facility
instead of the minimum two samples required under Sec.
1090.1450(c)(2)(i).
(d) The following requirements apply beginning with the 2025 or
2026 compliance period:
(1) Fuel manufacturers operating under an approved in-line blending
waiver under Sec. 1090.1315 as of July 1, 2025, must have an approved
in-line blending waiver that complies with all the provisions of Sec.
1090.1315(a)(7) through (13) no later than January 1, 2026. Such fuel
manufacturers must comply with the in-line blending waiver auditing
requirements of Sec. 1090.1850(b) starting with either the 2025 or
2026 compliance period, whichever is the earliest compliance period for
which they have an approved in-line blending waiver that complies with
all the provisions of Sec. 1090.1315(a)(7) through (13).
[[Page 4341]]
(2) Gasoline manufacturers must comply with the batch reporting
requirements in Sec. 1090.905(c)(1)(viii)(A)(2), (c)(2)(viii)(A)(2),
and (c)(8)(vii)(A)(2) beginning with the 2026 compliance period.
0
4. Amend Sec. 1090.15 by revising paragraph (e) to read as follows:
Sec. 1090.15 Confidential business information.
* * * * *
(e) EPA may disclose the information specified in paragraphs (b)
through (d) of this section on its website, or otherwise make it
available to interested parties, without additional notice,
notwithstanding any claims that the information is entitled to
confidential treatment under 40 CFR part 2, subpart B or 5 U.S.C.
552(b)(4).
0
5. Amend Sec. 1090.20 by:
0
a. Revising paragraph (f); and
0
b. Adding paragraph (g).
The revision and addition read as follows:
Sec. 1090.20 Approval of submissions under this part.
* * * * *
(f) Any person who has an approval revoked or voided under this
part is liable for any resulting violation of the requirements of this
part.
(g) Submitting false, misleading, or incomplete information is a
violation of law.
0
6. Amend Sec. 1090.50 by revising paragraph (a) to read as follows:
Sec. 1090.50 Rounding.
(a) Unless otherwise specified, round values to the number of
significant digits necessary to match the number of decimal places of
the applicable standard or specification. Perform all rounding as
specified in 40 CFR 1065.20(e)(1) through (6).
* * * * *
0
7. Amend Sec. 1090.55 by revising and republishing paragraph (b) to
read as follows:
Sec. 1090.55 Requirements for independent parties.
* * * * *
(b) Technical ability. The third party must meet all the following
requirements in order to demonstrate their technical capability to
perform specified activities under this part:
(1) An independent surveyor that conducts a survey under subpart O
of this part must have personnel familiar with petroleum marketing, the
sampling and testing of gasoline and diesel fuel at retail outlets, and
the designing of surveys to estimate compliance rates for fuel
parameters nationwide. The independent surveyor must demonstrate this
technical ability in plans submitted under subpart O of this part.
(2) A laboratory attempting to qualify alternative procedures must
contract with an independent third party to verify the accuracy and
precision of measured values as specified in Sec. 1090.1365. The
independent third party must demonstrate work experience and a good
working knowledge of the VCSB methods specified in Sec. Sec.
1090.1335, 1090.1365, and 1090.1370, with training and expertise
corresponding to a bachelor's degree in chemical engineering, or
combined bachelor's degrees in chemistry and statistics.
(3) Any person auditing in-line blending operations must be
familiar with the waiver provisions of Sec. 1090.1315 and be
proficient with the sampling procedures specified in Sec.
1090.1335(c).
* * * * *
0
8. Amend Sec. 1090.80 by:
0
a. Revising the definitions ``Auditor'', ``Automated detergent blending
facility'', and ``Batch'';
0
b. Removing the definition ``California diesel'';
0
c. Adding the definition ``California diesel fuel'' in alphabetical
order;
0
d. Revising the definitions ``Certified ethanol denaturant producer'',
``Detergent additive package'', ``Detergent blender'', and ``Diesel
fuel manufacturer'';
0
e. Adding the definition ``Distillate global marine fuel'' in
alphabetical order;
0
f. Revising the definitions ``Downstream location'', ``E0'', and
``E85'';
0
g. Adding the definition ``ECA associated area'' in alphabetical order;
0
h. Revising the definition ``ECA marine fuel'';
0
i. Adding the definition ``Emission control area (ECA)'' in
alphabetical order;
0
j. Revising the definitions ``Fuel additive'' and ``Fuel additive
manufacturer'';
0
k. Adding the definition ``Fuel additive manufacturing facility'' in
alphabetical order;
0
l. Revising the definitions ``Fuel manufacturing facility'', ``Gasoline
before oxygenate blending (BOB)'', ``Gasoline manufacturer'', ``Global
marine fuel'', ``Marine engine'', ``Non-automated detergent blending
facility'', and ``Reformulated gasoline (RFG)'';
0
m. Adding the definition ``Regulated blendstock import facility'' in
alphabetical order;
0
n. Revising the definition ``Regulated blendstock producer'';
0
o. Adding the definition ``Regulated blendstock production facility''
in alphabetical order;
0
p. Revising the definitions ``Sampling strata'' and ``Transmix
processor'';
0
q. Removing the definition ``Volume Additive Reconciliation (VAR)
Period'';
0
r. Adding the definition ``Volume additive reconciliation (VAR)
period'' in alphabetical order; and
0
s. Revising the definition ``Wholesale purchaser-consumer (WPC)''.
The revisions and additions read as follows:
Sec. 1090.80 Definitions.
* * * * *
Auditor means any person who conducts audits under subpart S of
this part.
Automated detergent blending facility means any facility
(including, but not limited to, a truck or individual storage tank) at
which detergent is blended with gasoline by means of an injector system
calibrated to automatically deliver a specified amount of detergent.
* * * * *
Batch means a quantity of fuel, fuel additive, or regulated
blendstock with properties that can be characterized by a single set of
values using the measurement procedures in subpart N of this part.
* * * * *
California diesel fuel means diesel fuel designated by a diesel
fuel manufacturer as for use in California.
* * * * *
Certified ethanol denaturant producer means any person who
certifies ethanol denaturant as meeting the requirements in Sec.
1090.275.
* * * * *
Detergent additive package means an additive package containing
detergent and may also contain carrier oils and other active components
such as corrosion inhibitors, antioxidants, metal deactivators, and
handling solvents.
Detergent blender means any person who owns, leases, operates,
controls, or supervises the blending operation of a detergent blending
facility, or who imports detergent-additized gasoline.
* * * * *
Diesel fuel manufacturer means a fuel manufacturer that owns,
leases, operates, controls, or supervises a diesel fuel manufacturing
facility.
* * * * *
Distillate global marine fuel means global marine fuel that is
distillate fuel.
* * * * *
Downstream location means any point in the fuel distribution system
other
[[Page 4342]]
than a fuel manufacturing facility through which fuel passes after it
leaves the fuel manufacturing facility gate at which it was certified
(e.g., fuel at facilities of distributors, pipelines, terminals,
carriers, retailers, oxygenate blenders, and WPCs).
E0 means gasoline that contains no ethanol.
* * * * *
E85 means a fuel that contains more than 50 and no more than 83
volume percent ethanol and is used, intended for use, or made available
for use in flex-fuel vehicles or flex-fuel engines. E85 is not
gasoline.
ECA associated area has the meaning given in 40 CFR 1043.20.
ECA marine fuel means diesel fuel, distillate fuel, or residual
fuel used, intended for use, or made available for use in C3 marine
vessels while the vessels are operating within an ECA, or an ECA
associated area.
Emission control area (ECA) has the meaning given in 40 CFR
1043.20.
* * * * *
Fuel additive has the same meaning as additive in 40 CFR 79.2(e).
* * * * *
Fuel additive manufacturer means any person who owns, leases,
operates, controls, or supervises a fuel additive manufacturing
facility.
Fuel additive manufacturing facility means any facility where fuel
additive is produced or imported.
* * * * *
Fuel manufacturing facility means any facility where fuel is
produced, imported, or recertified. Fuel manufacturing facilities
include refineries, fuel blending facilities, transmix processing
facilities, import facilities, and any facility where fuel is
recertified.
* * * * *
Gasoline before oxygenate blending (BOB) means gasoline for which a
gasoline manufacturer has accounted for oxygenate added downstream
under Sec. 1090.710. BOB is subject to all the requirements and
standards that apply to gasoline, unless subject to a specific
alternative standard or requirement under this part.
Gasoline manufacturer means a fuel manufacturer that owns, leases,
operates, controls, or supervises a gasoline manufacturing facility.
* * * * *
Global marine fuel means diesel fuel, distillate fuel, or residual
fuel used, intended for use, or made available for use in steamships or
Category 3 marine vessels while the vessels are operating in
international waters or in any waters outside the boundaries of an ECA.
Global marine fuel is subject to the provisions of MARPOL Annex VI.
(Note: This part regulates only distillate global marine fuel.)
* * * * *
Marine engine has the meaning given in 40 CFR 1042.901.
* * * * *
Non-automated detergent blending facility means any facility
(including a truck or individual storage tank) at which detergent
additive is blended using a hand-blending technique or any other non-
automated method.
* * * * *
Reformulated gasoline (RFG) means gasoline that is certified under
Sec. 1090.1000(b) and that meets the standards and requirements in
Sec. 1090.220.
* * * * *
Regulated blendstock import facility means any facility where
regulated blendstock is imported into the United States.
Regulated blendstock producer means any person who produces or
imports regulated blendstock in the United States, or any person who
owns, leases, operates, controls, or supervises a facility where
regulated blendstock is produced or imported.
Regulated blendstock production facility means any facility where
regulated blendstock is produced.
* * * * *
Sampling strata means the following types of areas sampled during a
survey:
(1) Densely populated areas.
(2) Transportation corridors.
(3) Rural areas.
* * * * *
Transmix processor means any person who owns, leases, operates,
controls, or supervises a transmix processing facility in the United
States. A transmix processor is a fuel manufacturer.
* * * * *
Volume additive reconciliation (VAR) period means the following:
(1) For an automated detergent blending facility, the VAR period is
a time period lasting no more than 31 days or until an adjustment to a
detergent concentration rate that increases the initial rate by more
than 10 percent, whichever occurs first. The concentration setting for
a detergent injector may be adjusted by more than 10 percent above the
initial rate without terminating the VAR period, provided the purpose
of the change is to correct a batch misadditization prior to the
transfer of the batch to another party, or to correct an equipment
malfunction and the concentration is immediately returned to no more
than 10 percent above the initial rate of concentration after the
correction.
(2) For a non-automated detergent blending facility, the VAR period
constitutes the blending of one batch of gasoline.
* * * * *
Wholesale purchaser-consumer (WPC) means any person who is an
ultimate consumer of fuels and who purchases or obtains fuels for use
in motor vehicles, nonroad vehicles, nonroad engines, or nonroad
equipment, including locomotive or marine engines, and, in the case of
liquid fuels, receives delivery of that product into a storage tank of
at least 550-gallon capacity substantially under the control of that
person.
* * * * *
0
9. Amend Sec. 1090.85 by adding paragraph (g) to read as follows:
Sec. 1090.85 Explanatory terms.
* * * * *
(g) Generic terms. Certain terms that are generically defined in
this part (e.g., ``fuel manufacturing facility'' or ``importer'') may
also be used to refer to a specific fuel, fuel additive, or regulated
blendstock type (e.g., ``diesel fuel manufacturing facility'' or
``gasoline importer'').
0
10. Amend Sec. 1090.90 by:
0
a. Revising the entry ``PLOQ''; and
0
b. Adding the entry ``VAR'' in alphabetical order.
The revision and addition read as follows:
Sec. 1090.90 Acronyms and abbreviations.
[[Page 4343]]
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
PLOQ................................... pooled limit of quantitation.
* * * * * * *
VAR.................................... volume additive reconciliation.
* * * * * * *
------------------------------------------------------------------------
0
11. Amend Sec. 1090.95 by:
0
a. Revising paragraphs (a), (b), and (c)(1), (3), and (6) through (8);
0
b. Removing paragraph (c)(9) and redesignating paragraphs (c)(10)
through (37) as paragraphs (c)(9) through (36);
0
c. Revising newly redesignated paragraphs (c)(9), (10), (12) through
(14), (17), (19), (20), (23), (24), (29), (31), and (35);
0
d. Removing paragraph (c)(38) and redesignating paragraphs (c)(39) and
(40) as paragraphs (c)(37) and (38); and
0
e. In paragraph (d)(1), remove the text ``May 17, 1999'' and add, in
its place, the text ``May 17, 1999; IBR approved for Sec.
1090.1395(b)''.
The revisions read as follows:
Sec. 1090.95 Incorporation by reference.
(a) Certain material is incorporated by reference into this part
with the approval of the Director of the Federal Register under 5
U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by
reference (IBR) material is available for inspection at the U.S. EPA
and at the National Archives and Records Administration (NARA). Contact
the U.S. EPA at: U.S. EPA, Air and Radiation Docket and Information
Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW,
Washington, DC 20460; (202) 566-1742. For information on the
availability of this material at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations.html">www.archives.gov/federal-register/cfr/ibr-locations.html</a> or email <a href="/cdn-cgi/l/email-protection#5137237f383f2221343225383e3f113f3023307f363e27"><span class="__cf_email__" data-cfemail="3f594d1156514c4f5a5c4b5650517f515e4d5e11585049">[email protected]</span></a>. The
material may be obtained from the sources in the following paragraphs
of this section.
(b) American Institute of Certified Public Accountants, 220 Leigh
Farm Rd., Durham, NC 27707-8110; (919) 402-4500; <a href="http://www.aicpa-cima.org">www.aicpa-cima.org</a>.
(1) AICPA Code of Professional Conduct, updated through December
2023; IBR approved for Sec. 1090.1800(b).
(2) Statements on Quality Control Standards (SQCS) No. 8, QC
Section 10: A Firm's System of Quality Control, current as of July 1,
2019; IBR approved for Sec. 1090.1800(b).
(3) Statement on Quality Management Standards (SQMS) No. 1, A
Firm's System of Quality Management, Issued June 2022; IBR approved for
Sec. 1090.1800(b).
(4) Statement on Quality Management Standards (SQMS) No. 2,
Engagement Quality Reviews, Issued June 2022; IBR approved for Sec.
1090.1800(b).
(5) Statement on Quality Management Standards (SQMS) No. 3,
Amendments to QM Sections 10, A Firm's System of Quality Management,
and 20, Engagement Quality Reviews, Issued March 2023; IBR approved for
Sec. 1090.1800(b).
(6) Statement on Standards for Attestation Engagements (SSAE) No.
19, Agreed-Upon Procedures Engagement, Issued December 2019; IBR
approved for Sec. 1090.1800(b).
(c) * * *
(1) ASTM D86-23ae1, Standard Test Method for Distillation of
Petroleum Products and Liquid Fuels at Atmospheric Pressure, approved
December 1, 2023 (``ASTM D86''); IBR approved for Sec. 1090.1350(b).
* * * * *
(3) ASTM D975-24a, Standard Specification for Diesel Fuel, approved
August 1, 2024 (``ASTM D975''); IBR approved for Sec. 1090.80.
* * * * *
(6) ASTM D1319-20a, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved
August 1, 2020 (``ASTM D1319''); IBR approved for Sec. 1090.1350(b).
(7) ASTM D2163-23e1, Standard Test Method for Determination of
Hydrocarbons in Liquefied Petroleum (LP) Gases and Propane/Propene
Mixtures by Gas Chromatography, approved March 1, 2023 (``ASTM
D2163''); IBR approved for Sec. 1090.1350(b).
(8) ASTM D2622-24, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry,
approved July 1, 2024 (``ASTM D2622''); IBR approved for Sec. Sec.
1090.1350(b); 1090.1360(d); 1090.1375(c).
(9) ASTM D3231-24, Standard Test Method for Phosphorus in Gasoline,
approved March 1, 2024 (``ASTM D3231''); IBR approved for Sec.
1090.1350(b).
(10) ASTM D3237-22, Standard Test Method for Lead in Gasoline by
Atomic Absorption Spectroscopy, approved October 1, 2022 (``ASTM
D3237''); IBR approved for Sec. 1090.1350(b).
* * * * *
(12) ASTM D4052-22, Standard Test Method for Density, Relative
Density, and API Gravity of Liquids by Digital Density Meter, approved
May 1, 2022 (``ASTM D4052''); IBR approved for Sec. 1090.1337(d) and
(f).
(13) ASTM D4057-22, Standard Practice for Manual Sampling of
Petroleum and Petroleum Products, approved May 1, 2022 (``ASTM
D4057''); IBR approved for Sec. Sec. 1090.1335(b); 1090.1605(b).
(14) ASTM D4177-22e1, Standard Practice for Automatic Sampling of
Petroleum and Petroleum Products, approved July 1, 2022 (``ASTM
D4177''); IBR approved for Sec. Sec. 1090.1315(a); 1090.1335(c).
* * * * *
(17) ASTM D4814-24a, Standard Specification for Automotive Spark-
Ignition Engine Fuel, approved July 1, 2024 (``ASTM D4814''); IBR
approved for Sec. Sec. 1090.80; 1090.1395(a).
* * * * *
(19) ASTM D5186-24, Standard Test Method for Determination of the
Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels By
Supercritical Fluid Chromatography, approved July 1, 2024 (``ASTM
D5186''); IBR approved for Sec. 1090.1350(b).
(20) ASTM D5191-22, Standard Test Method for Vapor Pressure of
Petroleum Products and Liquid Fuels (Mini Method), approved July 1,
2022 (``ASTM D5191''); IBR approved for Sec. 1090.1360(d).
* * * * *
(23) ASTM D5599-22, Standard Test Method for Determination of
Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame
Ionization Detection, approved April 1, 2022 (``ASTM D5599''); IBR
approved for Sec. 1090.1360(d).
(24) ASTM D5769-22, Standard Test Method for Determination of
Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas
Chromatography/Mass Spectrometry, approved July 1, 2022 (``ASTM
D5769'');
[[Page 4344]]
IBR approved for Sec. Sec. 1090.1350(b); 1090.1360(d).
* * * * *
(29) ASTM D6299-23a, Standard Practice for Applying Statistical
Quality Assurance and Control Charting Techniques to Evaluate
Analytical Measurement System Performance, approved December 1, 2023
(``ASTM D6299''); IBR approved for Sec. Sec. 1090.1300; 1090.1370(c);
1090.1375(a), (b), (c), and (d); and 1090.1450(c).
* * * * *
(31) ASTM D6667-21, Standard Test Method for Determination of Total
Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases
by Ultraviolet Fluorescence, approved April 1, 2021 (``ASTM D6667'');
IBR approved for Sec. Sec. 1090.1360(d); 1090.1375(c).
* * * * *
(35) ASTM D6751-24, Standard Specification for Biodiesel Fuel Blend
Stock (B100) for Middle Distillate Fuels, approved March 1, 2024
(``ASTM D6751''); IBR approved for Sec. 1090.1350(b).
* * * * *
Subpart B--General Requirements and Provisions for Regulated
Parties
0
12. Amend Sec. 1090.100 by revising the introductory text and
paragraph (d) to read as follows:
Sec. 1090.100 General provisions.
This subpart provides an overview of the general requirements and
provisions applicable to any regulated party under this part. A person
who meets the definition of more than one type of regulated party must
comply with the requirements applicable to each of those types of
regulated parties. For example, a fuel manufacturer that also
transports fuel must meet the requirements applicable to a fuel
manufacturer and a distributor. A regulated party is required to comply
with all applicable requirements of this part, regardless of whether
they are identified in this subpart. Any person who produces, sells,
transfers, supplies, dispenses, or distributes fuel, fuel additive, or
regulated blendstock must comply with all applicable requirements.
* * * * *
(d) Importers. In addition to the requirements of paragraphs (a)
through (c) of this section and Sec. Sec. 1090.105 and 1090.155, an
importer must also comply with subpart Q of this part.
0
13. Amend Sec. 1090.105 by revising paragraphs (a)(1), (a)(8), (b)(4),
and (b)(8) to read as follows:
Sec. 1090.105 Fuel manufacturers.
* * * * *
(a) * * *
(1) Producing compliant gasoline. A gasoline manufacturer must
produce or import gasoline that meets the standards in subpart C of
this part and must comply with the ABT requirements of subpart H of
this part.
* * * * *
(8) Annual attestation engagement. A gasoline manufacturer must
submit annual attestation engagement reports to EPA under subpart S of
this part.
(b) * * *
(4) Certification and designation. (i) A diesel fuel or ECA marine
fuel manufacturer must certify and designate the diesel fuel or ECA
marine fuel they produce under subpart K of this part.
(ii) A distillate global marine fuel manufacturer must designate
the distillate global marine fuel they produce under subpart K of this
part.
* * * * *
(8) Distillate global marine fuel manufacturers. A distillate
global marine fuel manufacturer does not need to comply with the
requirements of paragraphs (b)(1), (2), (3), and (6) of this section
for distillate global marine fuel that is exempt from the standards in
subpart D of this part, as specified in Sec. 1090.650.
Sec. 1090.110 [Amended]
0
14. Amend Sec. 1090.110 by removing paragraph (c) and redesignating
paragraph (d) as paragraph (c).
0
15. Amend Sec. 1090.130 by revising paragraphs (d), (f), and (g) to
read as follows:
Sec. 1090.130 Certified butane blenders.
* * * * *
(d) PTDs. On each occasion when a certified butane blender
transfers custody of or title to any gasoline blended with certified
butane, the transferor must provide to the transferee PTDs under
subpart L of this part.
* * * * *
(f) Survey. A certified butane blender may participate in the
applicable fuel surveys under subpart O of this part.
(g) Annual attestation engagement. A certified butane blender must
submit annual attestation engagement reports to EPA under subpart S of
this part.
0
16. Amend Sec. 1090.140 by revising paragraphs (d), (f), and (g) to
read as follows:
Sec. 1090.140 Certified pentane blenders.
* * * * *
(d) PTDs. On each occasion when a certified pentane blender
transfers custody of or title to any gasoline blended with certified
pentane, the transferor must provide to the transferee PTDs under
subpart L of this part.
* * * * *
(f) Survey. A certified pentane blender may participate in the
applicable fuel surveys under subpart O of this part.
(g) Annual attestation engagement. A certified pentane blender must
submit annual attestation engagement reports to EPA under subpart S of
this part.
0
17. Amend Sec. 1090.145 by revising paragraph (g) to read as follows:
Sec. 1090.145 Transmix processors.
* * * * *
(g) Annual attestation engagement. A transmix processor must submit
annual attestation engagement reports to EPA under subpart S of this
part.
0
18. Amend Sec. 1090.155 by revising paragraphs (a)(1), (b)(1), and
(b)(3) to read as follows:
Sec. 1090.155 Fuel additive manufacturers.
* * * * *
(a) * * *
(1) Gasoline additive standards. A gasoline additive manufacturer
must comply with the applicable requirements of subpart C of this part.
* * * * *
(b) * * *
(1) Diesel fuel additive standards. A diesel fuel additive
manufacturer must comply with the applicable requirements of subpart D
of this part.
* * * * *
(3) PTDs. On each occasion when a diesel fuel additive manufacturer
transfers custody of or title to any diesel fuel additive, the
transferor must provide to the transferee PTDs under subpart L of this
part.
* * * * *
0
19. Amend Sec. 1090.160 by revising paragraphs (a) and (b) to read as
follows:
Sec. 1090.160 Distributors, carriers, and resellers.
* * * * *
(a) Gasoline and diesel fuel standards. A distributor, carrier, or
reseller must comply with the applicable requirements of subparts C and
D of this part.
(b) Registration. A distributor or carrier must register with EPA
under subpart I of this part if they are part of the 500 ppm LM diesel
fuel distribution chain in a compliance plan submitted under Sec.
1090.515(g).
* * * * *
0
20. Amend Sec. 1090.165 by revising paragraphs (a) and (c) to read as
follows:
Sec. 1090.165 Retailers and WPCs.
* * * * *
[[Page 4345]]
(a) Gasoline and diesel fuel standards. A retailer or WPC must
comply with the applicable requirements of subparts C and D of this
part.
* * * * *
(c) Fuels produced through fuel dispensers. A retailer or WPC that
produces gasoline (e.g., E15) through a fuel dispenser with anything
other than PCG and DFE is also a blending manufacturer and must comply
with the applicable requirements in Sec. 1090.105.
0
21. Amend Sec. 1090.175 by revising paragraphs (c) and (d) to read as
follows:
Sec. 1090.175 Auditors.
* * * * *
(c) Attestation engagements. An auditor must conduct audits under
subpart S of this part.
(d) Independence requirements. In order to perform an annual
attestation engagement under subpart S of this part, an auditor must
meet the independence requirements in Sec. 1090.55 unless they are a
certified internal auditor under Sec. 1090.1800(b)(1)(i).
0
22. Amend Sec. 1090.180 by revising paragraphs (a) and (c) to read as
follows:
Sec. 1090.180 Pipeline operators.
* * * * *
(a) Gasoline and diesel fuel standards. A pipeline operator must
comply with the applicable requirements of subparts C and D of this
part.
* * * * *
(c) Transmix requirements. A pipeline operator must comply with all
applicable requirements of subpart F of this part.
Subpart C--Gasoline Standards
0
23. Amend Sec. 1090.200 by revising paragraph (c)(2)(i) to read as
follows:
Sec. 1090.200 Overview and general requirements.
* * * * *
(c) * * *
(2) * * *
(i) Importers that import gasoline by rail or truck using the
provisions of Sec. 1090.1610 to meet the alternative per-gallon
standards of Sec. Sec. 1090.205(d) and 1090.210(c).
* * * * *
0
24. Amend Sec. 1090.210 by revising paragraph (c)(1) to read as
follows:
Sec. 1090.210 Benzene standards.
* * * * *
(c) * * *
(1) An importer that imports gasoline by rail or truck under Sec.
1090.1610 must comply with a benzene per-gallon standard of 0.62 volume
percent instead of the standards specified in paragraphs (a) and (b) of
this section.
* * * * *
0
25. Revise and republish Sec. 1090.215 to read as follows:
Sec. 1090.215 Gasoline RVP standards.
Except as specified in subpart G of this part and paragraph (d) of
this section, all gasoline designated as summer gasoline or located at
any location in the United States during the summer season is subject
to a maximum RVP per-gallon standard in this section.
(a)(1) Federal 9.0 psi maximum RVP per-gallon standard. Gasoline
designated as summer gasoline or located at any location in the United
States during the summer season must meet a maximum RVP per-gallon
standard of 9.0 psi unless the gasoline is subject to one of the lower
maximum RVP per-gallon standards specified in paragraphs (a)(2) through
(5) of this section.
(2) Federal 7.8 maximum RVP per-gallon standard. (i) Except as
specified in paragraph (a)(2)(ii) of this section, gasoline designated
as 7.8 psi summer gasoline, or located in the following areas during
the summer season, must meet a maximum RVP per-gallon standard of 7.8
psi:
Table 1 to Paragraph (a)(2)(i)--Federal 7.8 psi RVP Areas
------------------------------------------------------------------------
Area designation State Counties
------------------------------------------------------------------------
Denver-Boulder-Greeley-Ft. Colorado......... Adams Arapahoe,
Collins-Loveland. Boulder, Broomfield,
Denver, Douglas,
Jefferson,
Larimer,\1\ Weld.\2\
Reno.......................... Nevada........... Washoe.
Portland...................... Oregon........... Clackamas (only the
Air Quality
Maintenance Area),
Multnomah (only the
Air Quality
Maintenance Area),
Washington (only the
Air Quality
Maintenance Area).
Salem......................... Oregon........... Marion (only the
Salem Area
Transportation
Study), Polk (only
the Salem Area
Transportation
Study).
Beaumont-Port Arthur.......... Texas............ Hardin, Jefferson,
Orange.
Salt Lake City................ Utah............. Davis, Salt Lake.
------------------------------------------------------------------------
\1\ That portion of Larimer County, CO that lies south of a line
described as follows: Beginning at a point on Larimer County's eastern
boundary and Weld County's western boundary intersected by 40 degrees,
42 minutes, and 47.1 seconds north latitude, proceed west to a point
defined by the intersection of 40 degrees, 42 minutes, 47.1 seconds
north latitude and 105 degrees, 29 minutes, and 40.0 seconds west
longitude, thence proceed south on 105 degrees, 29 minutes, 40.0
seconds west longitude to the intersection with 40 degrees, 33 minutes
and 17.4 seconds north latitude, thence proceed west on 40 degrees, 33
minutes, 17.4 seconds north latitude until this line intersects
Larimer County's western boundary and Grand County's eastern boundary.
(Includes part of Rocky Mtn. Nat. Park.)
\2\ That portion of Weld County, CO that lies south of a line described
as follows: Beginning at a point on Weld County's eastern boundary and
Logan County's western boundary intersected by 40 degrees, 42 minutes,
47.1 seconds north latitude, proceed west on 40 degrees, 42 minutes,
47.1 seconds north latitude until this line intersects Weld County's
western boundary and Larimer County's eastern boundary.
(ii) Gasoline designated as 9.0 psi summer gasoline may be located
in the areas specified in table 1 to paragraph (a)(2)(i) of this
section between May 1 and May 31.
(3) RFG maximum RVP per-gallon standard. Gasoline designated as
Summer RFG or located in an RFG covered area during the summer season
must meet a maximum RVP per-gallon standard of 7.4 psi.
(4) California gasoline. Gasoline designated as California gasoline
or used in areas subject to the California reformulated gasoline
regulations must comply with those regulations under Title 13,
California Code of Regulations, sections 2250-2273.5.
(5) SIP-controlled gasoline. Gasoline designated as SIP-controlled
gasoline or used in areas subject to a SIP-approved state fuel rule
that requires an RVP of less than 9.0 psi must meet the requirements of
the federally approved SIP.
(b) Ethanol 1.0 psi waiver. (1) Except as specified in paragraph
(b)(3) of this section, any gasoline subject to a federal 9.0 psi or
7.8 psi RVP standard in paragraph (a)(1) or (2) of this section that
meets the requirements of paragraph (b)(2) of this section is not in
violation of this section if its RVP does
[[Page 4346]]
not exceed the applicable standard by more than 1.0 psi.
(2) To qualify for the special regulatory treatment specified in
paragraph (b)(1) of this section, gasoline must meet the applicable RVP
standard in paragraph (a)(1) or (2) of this section prior to the
addition of ethanol and must contain ethanol at a concentration of at
least 9 volume percent and no more than 10 volume percent.
(3)(i) RFG and SIP-controlled gasoline that does not allow for the
ethanol 1.0 psi waiver does not qualify for the special regulatory
treatment specified in paragraph (b)(1) of this section.
(ii) Gasoline subject to the 9.0 psi RVP standard in paragraph
(a)(1) of this section in the following areas is excluded from the
special regulatory treatment specified in paragraph (b)(1) of this
section:
Table 2 to Paragraph (b)(3)(ii)--Areas Excluded From the Ethanol 1.0 psi
Waiver
------------------------------------------------------------------------
State Counties Effective date
------------------------------------------------------------------------
Illinois........................ All............... April 28, 2025.
Iowa............................ All............... April 28, 2025.
Minnesota....................... All............... April 28, 2025.
Missouri........................ All............... April 28, 2025.
Nebraska........................ All............... April 28, 2025.
Ohio............................ All............... April 28, 2025.
South Dakota.................... All............... April 28, 2025.
Wisconsin....................... All............... April 28, 2025.
------------------------------------------------------------------------
(c) Gasoline subject to more than one RVP standard. Gasoline
located in an area of the United States subject to more than one RVP
standard specified in paragraphs (a)(1) through (5) of this section
must meet the most stringent standard.
(d) Exceptions. The RVP standard in paragraph (a) of this section
for the area in which the gasoline is located does not apply to that
gasoline if the person(s) who produced, imported, sold, offered for
sale, distributed, offered to distribute, supplied, offered for supply,
dispensed, stored, transported, or introduced the gasoline into
commerce can demonstrate one of the following:
(1) The gasoline is designated as winter gasoline and was not sold,
offered for sale, supplied, offered for supply, dispensed, or
introduced into commerce for use during the summer season and was not
delivered to any retail outlet or WPC during the summer season.
(2) The gasoline is designated as summer gasoline for use in an
area other than the area in which it is located and was not sold,
offered for sale, supplied, offered for supply, dispensed, or
introduced into commerce in the area in which the gasoline is located.
In this case, the standard that applies to the gasoline is the standard
applicable to the area for which the gasoline is designated.
0
26. Amend Sec. 1090.220 by revising paragraph (e) to read as follows:
Sec. 1090.220 RFG standards.
* * * * *
(e) Certified butane and certified pentane blending limitation.
Certified butane and certified pentane must not be blended with Summer
RFG or Summer RBOB under Sec. 1090.1320(b).
0
27. Revise and republish Sec. 1090.230 to read as follows:
Sec. 1090.230 Limitation on use of gasoline-ethanol blends.
(a) No person may sell, introduce, cause, or permit the sale or
introduction of gasoline containing greater than 10 volume percent
ethanol (e.g., E15) into any model year 2000 or older light-duty
gasoline motor vehicle, any heavy-duty gasoline motor vehicle or
engine, any highway or off-highway motorcycle, or any gasoline-powered
nonroad engine, vehicle, or equipment.
(b) Paragraph (a) of this section does not prohibit a person from
producing, selling, introducing, causing, or allowing the sale or
introduction of gasoline containing greater than 10 volume percent
ethanol into any flex-fuel vehicle or flex-fuel engine.
0
28. Amend Sec. 1090.265 by revising paragraph (c) to read as follows:
Sec. 1090.265 Gasoline additive standards.
* * * * *
(c) Any person who blends any fuel additive that does not meet the
requirements of paragraphs (a) and (b) of this section is a gasoline
manufacturer and must comply with all the requirements applicable to a
gasoline manufacturer under this part.
* * * * *
0
29. Amend Sec. 1090.285 by revising the introductory text to read as
follows:
Sec. 1090.285 RFG covered areas.
The RFG covered areas are as follows:
* * * * *
0
30. Amend Sec. 1090.290 by revising paragraph (d)(4) to read as
follows:
Sec. 1090.290 Changes to RFG covered areas and procedures for opting
out of RFG.
* * * * *
(d) * * *
(4) EPA will publish a document in the Federal Register announcing
the approval of an RFG opt-out request and its effective date.
* * * * *
0
31. Amend Sec. 1090.295 by revising paragraph (d) to read as follows:
Sec. 1090.295 Procedures for relaxing the federal 7.8 psi RVP
standard.
* * * * *
(d) EPA will publish a document in the Federal Register announcing
the approval of any federal 7.8 psi gasoline relaxation request and its
effective date.
* * * * *
Subpart D--Diesel Fuel and ECA Marine Fuel Standards
0
32. Amend Sec. 1090.300 by revising paragraph (h) to read as follows:
Sec. 1090.300 Overview and general requirements.
* * * * *
(h) No person may introduce used motor oil, or used motor oil
blended with diesel fuel, into the fuel system of model year 2007 or
later diesel fuel motor vehicles or engines or model year 2011 or later
nonroad diesel fuel vehicles or engines (not including locomotive or
marine engines).
0
33. Amend Sec. 1090.310 by revising paragraph (c) to read as follows:
Sec. 1090.310 Diesel fuel additives standards.
* * * * *
(c) The provisions of this section do not apply to additives used
in 500 ppm LM diesel fuel or ECA marine fuel.
0
34. Revise and republish Sec. 1090.315 to read as follows:
[[Page 4347]]
Sec. 1090.315 Heating oil, kerosene, ECA marine fuel, and jet fuel
provisions.
Heating oil, kerosene, ECA marine fuel, or jet fuel must not be
sold for use in motor vehicles or nonroad equipment and are not subject
to the ULSD standards in Sec. 1090.305 unless it is also designated as
ULSD under Sec. 1090.1015(a).
0
35. Amend Sec. 1090.325 by revising paragraph (c)(1) to read as
follows:
Sec. 1090.325 ECA marine fuel standards.
* * * * *
(c) * * *
(1) Residual fuel made available for use in a steamship or C3
marine vessel if the U.S. government exempts or excludes the vessel
from MARPOL Annex VI fuel standards. Diesel fuel and other distillate
fuel used in diesel fuel engines operated on such vessels is subject to
the standards in this section instead of the standards in Sec.
1090.305 or Sec. 1090.320.
* * * * *
Subpart F--Transmix and Pipeline Interface Provisions
0
36. Amend Sec. 1090.500 by revising paragraph (c)(3)(ii) to read as
follows:
Sec. 1090.500 Gasoline produced from blending transmix into PCG.
* * * * *
(c) * * *
(3) * * *
(ii) A letter signed by the RCO, or their delegate, stating that
the information contained in the submission is true to the best of
their belief must accompany the petition.
* * * * *
0
37. Amend Sec. 1090.510 by revising the section heading to read as
follows:
Sec. 1090.510 Diesel fuel and distillate fuel produced from TDP.
* * * * *
0
38. Amend Sec. 1090.515 by revising paragraph (d) to read as follows:
Sec. 1090.515 500 ppm LM diesel fuel produced from TDP.
* * * * *
(d) Use restrictions. 500 ppm LM diesel fuel may only be used in
locomotive or marine engines that are not required to use ULSD under 40
CFR 1033.815 or 40 CFR 1042.660, respectively. No person may use 500
ppm LM diesel fuel in locomotive or marine engines that are required to
use ULSD, in any other nonroad vehicle or engine, or in any motor
vehicle engine.
* * * * *
0
39. Amend Sec. 1090.520 by revising paragraph (b) to read as follows:
Sec. 1090.520 Handling practices for pipeline interface that is not
transmix.
* * * * *
(b) During the summer season, a pipeline operator must not cut
pipeline interface from two batches of gasoline subject to different
RVP standards that are shipped adjacent to each other by pipeline into
the batch of gasoline that is subject to the more stringent RVP
standard. For example, during the summer season, a pipeline operator
must not cut pipeline interface from a batch of RFG shipped adjacent to
a batch of conventional gasoline into the batch of RFG.
Subpart G--Exemptions
0
40. The heading of subpart G is revised to read as set forth above.
0
41. Revise and republish Sec. 1090.605 to read as follows:
Sec. 1090.605 Exemptions for national security and military use.
(a) Fuel, fuel additive, or regulated blendstock that is produced,
imported, sold, offered for sale, supplied, offered for supply, stored,
dispensed, or transported for use in the following tactical military
vehicles, engines, or equipment, including locomotive or marine
engines, is exempt from the standards specified in this part:
(1) Tactical military vehicles, engines, or equipment, including
locomotive or marine engines, that have an EPA national security
exemption from the emission standards in this chapter. See 40 CFR part
85, subpart R, and 40 CFR 1068.225.
(2) Tactical military vehicles, engines, or equipment, including
locomotive or marine engines, that are not subject to a national
security exemption from vehicle or engine emissions standards specified
in paragraph (a)(1) of this section but, for national security purposes
(e.g., for purposes of readiness, including training, for deployment
overseas), need to be fueled on the same fuel as the vehicles, engines,
or equipment that EPA has granted such a national security exemption.
(b) The exempt fuel, fuel additive, or regulated blendstock must
meet all the following requirements:
(1) The fuel, fuel additive, or regulated blendstock must be
accompanied by PTDs that meet the requirements of subpart L of this
part.
(2) The fuel, fuel additive, or regulated blendstock must be
segregated from non-exempt fuel, fuel additive, or regulated blendstock
at all points in the distribution system.
(3) The fuel, fuel additive, or regulated blendstock must be
dispensed from a fuel dispenser stand, fueling truck, or tank that is
labeled with the appropriate designation of the exempt fuel, fuel
additive, or regulated blendstock.
(4) The fuel, fuel additive, or regulated blendstock must not be
used in any vehicles, engines, or equipment, including locomotive or
marine engines, other than those specified in paragraph (a) of this
section.
0
42. Revise and republish Sec. 1090.610 to read as follows:
Sec. 1090.610 Exemptions for temporary research, development, and
testing.
(a) Requests for an exemption. (1) Any person may receive an
exemption from the standards specified in this part for fuel, fuel
additive, or regulated blendstock used for research, development, or
testing (``R&D'') purposes under paragraph (b) of this section by
submitting the information specified in paragraph (c) of this section
as specified in Sec. 1090.10 and meeting the requirements of paragraph
(d) of this section.
(2) Any person who performs emissions certification testing for a
motor vehicle or motor vehicle engine under 42 U.S.C. 7525 or nonroad
engine or nonroad vehicle under 42 U.S.C. 7546 is exempt from the
standards specified in this part for the fuel, fuel additive, or
regulated blendstock they use for emissions certification testing if
they have an exemption under 40 CFR parts 85 and 86 to perform such
testing.
(3) Any person who performs research, development, or testing of a
fuel additive is exempt from the standards specified in this part for
such fuel additive if the fuel additive is exempt under 40 CFR
79.4(b)(2).
(b) Criteria for an R&D exemption. For an R&D exemption to be
granted, the person requesting an exemption must do all the following:
(1) Demonstrate that the exemption is for an appropriate R&D
purpose.
(2) Demonstrate that an exemption is necessary.
(3) Design an R&D program that is reasonable in scope.
(4) Have a degree of control consistent with the purpose of the R&D
program and EPA's monitoring requirements.
(5) Meet the requirements specified in paragraphs (c) and (d) of
this section.
(c) Information required to be submitted. To aid in demonstrating
each of the elements in paragraph (b) of this section, the person
requesting an exemption must include, at a minimum, all the following
information:
(1) A concise statement of the purpose of the R&D program
demonstrating that
[[Page 4348]]
the R&D program has an appropriate R&D purpose.
(2) An explanation of why the stated purpose of the R&D program is
unable to be achieved in a practicable manner without meeting the
requirements of this part.
(3) A demonstration of the reasonableness of the scope of the R&D
program, including all the following:
(i) An estimate of the R&D program's duration in time (including
beginning and ending dates).
(ii) An estimate of the maximum number of vehicles, engines, and
equipment involved in the program, and the number of miles and engine
hours that will be accumulated on each.
(iii) The manner in which the information on the vehicles, engines,
or equipment used in the R&D program will be recorded and made
available to EPA upon request.
(iv) An estimate of the volume of fuel, fuel additive, or regulated
blendstock expected to be used in the R&D program that does not comply
with the requirements of this part, as applicable.
(v) A list of how all applicable standards of this part would or
would not apply to the fuel, fuel additive, or regulated blendstock
expected to be used in the R&D program.
(4) With regard to control, a demonstration that the R&D program
affords EPA a monitoring capability, including all the following:
(i) A description of the technical and operational aspects of the
R&D program.
(ii) The site of the R&D program (including facility name, street
address, city, county, state, and ZIP code).
(iii) The manner in which information on the vehicles, engines, or
equipment used in the R&D program will be recorded and made available
to EPA upon request.
(iv) The manner in which information on the fuel, fuel additive, or
regulated blendstock used in the R&D program (including quantity,
properties, name, address, telephone number, and contact person of the
supplier, and the date received from the supplier) will be recorded and
made available to EPA upon request.
(v) The manner in which the person will ensure that fuel, fuel
additive, or regulated blendstock used in the R&D program will be
segregated from non-exempt fuel, fuel additive, or regulated blendstock
and how fuel dispensers will be labeled to ensure that fuel, fuel
additive, or regulated blendstock used in the R&D program is not
dispensed for use in motor vehicles or nonroad engines, vehicles, or
equipment, including locomotive or marine engines, that are not part of
the R&D program.
(vi) The name, business address, telephone number, and title of the
person in the organization requesting an exemption from whom further
information on the application may be obtained.
(vii) The name, business address, telephone number, and title of
the person in the organization requesting an exemption who is
responsible for recording and making available the information
specified in this paragraph (c), and the location where such
information will be maintained.
(viii) Any other information requested by EPA to determine whether
the R&D program satisfies the criteria in paragraph (b) of this
section.
(d) Additional requirements. (1) Fuel, fuel additive, or regulated
blendstock used in the R&D program must meet all the following
requirements:
(i) The fuel, fuel additive, or regulated blendstock must be
accompanied by PTDs that meet the requirements of subpart L of this
part.
(ii) The fuel, fuel additive, or regulated blendstock must be
designated as exempt fuel, fuel additive, or regulated blendstock by
the fuel, fuel additive, or regulated blendstock manufacturer or
supplier, as applicable.
(iii) The fuel, fuel additive, or regulated blendstock must be
segregated from non-exempt fuel, fuel additive, or regulated blendstock
at all points in the distribution system.
(iv) The fuel, fuel additive, or regulated blendstock must not be
sold, distributed, offered for sale or distribution, dispensed,
supplied, offered for supply, transported to or from, or stored by a
retail outlet or WPC facility, unless the WPC facility is associated
with the R&D program that uses the fuel, fuel additive, or regulated
blendstock.
(2) At the completion of the R&D program, any emission control
systems or elements of design that are damaged or rendered inoperative
must be replaced on vehicles, engines, or equipment remaining in
service or the responsible person will be liable for a violation of 42
U.S.C. 7522(a)(3), unless sufficient evidence is supplied that the
emission controls or elements of design were not damaged.
(e) Approval of exemption. EPA may grant an R&D exemption upon a
demonstration that the requirements of this section have been met. The
R&D exemption approval may include such terms and conditions as EPA
determines necessary to monitor the exemption and to carry out the
purposes of this part, including restoration of emission control
systems.
(1) The volume of fuel, fuel additive, or regulated blendstock used
in the R&D program must not exceed the amount estimated in paragraph
(c)(3)(iv) of this section, unless EPA grants an approval for a greater
amount.
(2) Any R&D exemption granted under this section will expire at the
completion of the R&D program or 1 year from the date of approval,
whichever occurs first, and may only be extended upon re-application
consistent with the requirements of this section.
(3) If any information required in paragraph (c) of this section
changes after approval of the R&D exemption, the responsible person
must notify EPA in writing immediately.
(f) Notification of completion. Any person with an approved R&D
exemption under this section must notify EPA in writing within 30 days
after completion of the R&D program.
0
43. Revise and republish Sec. 1090.615 to read as follows:
Sec. 1090.615 Exemptions for racing and aviation.
Fuel, fuel additive, or regulated blendstock that is used in
aircraft, or is used in racing vehicles or racing boats in sanctioned
racing events, is exempt from the standards in subparts C and D of this
part if all the following requirements are met:
(a) The fuel, fuel additive, or regulated blendstock must be
identified on PTDs and on any fuel dispenser from which the fuel, fuel
additive, or regulated blendstock is dispensed as restricted for use
either in aircraft or in racing motor vehicles or racing boats that are
used only in sanctioned racing events.
(b) The fuel, fuel additive, or regulated blendstock must be
segregated from non-exempt fuel, fuel additive, or regulated blendstock
at all points in the distribution system.
(c) The fuel, fuel additive, or regulated blendstock must not made
available for use as gasoline or diesel fuel subject to the standards
in subpart C or D of this part, respectively, or dispensed for use in
motor vehicles or nonroad engines, vehicles, or equipment, including
locomotive or marine engines, except for those used only in aircraft or
in sanctioned racing events.
0
44. Revise and republish Sec. 1090.620 to read as follows:
Sec. 1090.620 Exemptions for Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
Fuel that is produced, imported, sold, offered for sale, supplied,
offered for supply, stored, dispensed, or
[[Page 4349]]
transported for use in the territories of Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands, is exempt from the
standards in subparts C and D of this part if all the following
requirements are met:
(a) The fuel must be designated by the fuel manufacturer as
gasoline, diesel fuel, or ECA marine fuel for use only in Guam,
American Samoa, or the Commonwealth of the Northern Mariana Islands.
(b) The fuel must be used only in Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands.
(c) The fuel must be accompanied by PTDs that meet the requirements
of subpart L of this part.
(d) The fuel must be segregated from non-exempt fuel at all points
from the point the fuel is designated as exempt fuel for use only in
Guam, American Samoa, or the Commonwealth of the Northern Mariana
Islands, while the exempt fuel is in the United States (including an
ECA or an ECA associated area under 40 CFR 1043.20) but outside these
territories.
0
45. Amend Sec. 1090.625 by:
0
a. Revising paragraphs (b)(5) and (c)(1);
0
b. Revising and republishing paragraph (d)(2); and
0
c. Revising paragraph (e).
The revisions and republication read as follows:
Sec. 1090.625 Exemptions for California gasoline and diesel fuel.
* * * * *
(b) * * *
(5) Each transferor and transferee of California gasoline or diesel
fuel produced outside the state of California must maintain copies of
PTDs as specified in subpart M of this part.
* * * * *
(c) * * *
(1) Comply with the sampling and testing provisions specified in
subpart N of this part, as applicable.
* * * * *
(d) * * *
(2) Redesignates the California gasoline as gasoline under this
part without recertification and does all the following:
(i) Demonstrates that the gasoline meets all applicable
requirements for California reformulated gasoline under Title 13 of the
California Code of Regulations.
(ii) Properly redesignates the gasoline under Sec.
1090.1010(b)(2)(vi).
(iii) Generates PTDs under subpart L of this part.
(iv) Keeps records under subpart M of this part.
(v) Does not include the redesignated California gasoline in their
average standard compliance calculations.
(e) California diesel fuel used outside of California. California
diesel fuel may be used in any part of the United States outside of the
state of California without recertification if the manufacturer or
distributor of the California diesel fuel redesignates the California
diesel fuel as diesel fuel under this part and does all the following:
(1) Demonstrates that the diesel fuel meets all applicable
requirements for California diesel fuel under Title 13 of the
California Code of Regulations.
(2) Properly redesignates the diesel fuel under Sec.
1090.1015(b)(3)(iii).
(3) Generates PTDs under subpart L of this part.
(4) Keeps records under subpart M of this part.
0
46. Revise and republish Sec. 1090.630 to read as follows:
Sec. 1090.630 Exemptions for Alaska, Hawaii, Puerto Rico, and the
U.S. Virgin Islands summer gasoline.
Summer gasoline that is produced, imported, sold, offered for sale,
supplied, offered for supply, stored, dispensed, or transported for use
in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands is exempt
from the RVP standards in Sec. 1090.215 if all the following
requirements are met:
(a) The summer gasoline must be designated by the fuel manufacturer
as summer gasoline for use only in Alaska, Hawaii, Puerto Rico, or the
U.S. Virgin Islands.
(b) The summer gasoline must be used only in Alaska, Hawaii, Puerto
Rico, or the U.S. Virgin Islands.
(c) The summer gasoline must be accompanied by PTDs that meet the
requirements of subpart L of this part.
(d) The summer gasoline must be segregated from non-exempt gasoline
at all points from the point the summer gasoline is designated as
exempt fuel for use only in Alaska, Hawaii, Puerto Rico, or the U.S.
Virgin Islands, while the exempt summer gasoline is in the United
States but outside these states or territories.
0
47. Amend Sec. 1090.635 by revising the section heading to read as
follows:
Sec. 1090.635 Exemptions for refinery extreme, unusual, and
unforeseen hardship.
* * * * *
0
48. Revise and republish Sec. 1090.640 to read as follows:
Sec. 1090.640 Exemptions for E85.
(a) Gasoline that is used to produce E85 is exempt from the
gasoline deposit control requirements in Sec. 1090.260.
(b) Any person who uses the exemption in paragraph (a) of this
section must keep records to demonstrate that such exempt gasoline was
used to produce E85 and was not distributed from a terminal for use as
gasoline.
0
49. Revise and republish Sec. 1090.645 to read as follows:
Sec. 1090.645 Exemptions for exports of fuel, fuel additive, and
regulated blendstock.
(a) Fuel, fuel additive, or regulated blendstock that is exported
for sale outside of the United States is exempt from the standards in
subparts C and D of this part if all the following requirements are
met:
(1) The fuel, fuel additive, or regulated blendstock must be
designated for export by the fuel manufacturer, fuel additive
manufacturer, or regulated blendstock producer.
(2) The fuel, fuel additive, or regulated blendstock designated for
export must be accompanied by PTDs that meet the requirements of
subpart L of this part.
(3) The fuel manufacturer, fuel additive manufacturer, or regulated
blendstock producer must keep records that demonstrate that the fuel,
fuel additive, or regulated blendstock was ultimately exported from the
United States.
(4) The fuel, fuel additive, or regulated blendstock must be
segregated from non-exempt fuel, fuel additive, or regulated blendstock
at all points from the point the fuel, fuel additive, or regulated
blendstock is designated for export to the point where it is ultimately
exported from the United States.
(b) Fuel, fuel additive, or regulated blendstock certified and
designated for export may be certified for use in the United States if
all the applicable requirements of this part are met.
(c) Any fuel dispensed from a retail outlet within the geographic
boundaries of the United States is not exempt under this section.
0
50. Revise and republish Sec. 1090.650 to read as follows:
Sec. 1090.650 Exemptions for distillate global marine fuel.
(a) Distillate global marine fuel that is produced, imported, sold,
offered for sale, supplied, offered for supply, stored, dispensed, or
transported for use in steamships or Category 3 marine vessels is
exempt from the standards in subpart D of this part when operating
outside of ECA boundaries if all the following requirements are met:
(1) The fuel must not exceed 0.50 weight percent sulfur (5,000
ppm).
[[Page 4350]]
(2) The fuel must be accompanied by PTDs that meet the requirements
of subpart L of this part.
(3) The fuel must be designated as distillate global marine fuel.
(4) The fuel must be segregated from non-exempt fuel at all points
in the distribution system.
(5) The fuel must not be used in vehicles, engines, or equipment
other than in steamships or Category 3 marine vessels.
(b)(1) Fuel that does not meet the requirements specified in
paragraph (a) of this section is subject to the standards,
requirements, and prohibitions that apply for ULSD under this part.
(2) Any person who produces, imports, sells, offers for sale,
supplies, offers for supply, stores, dispenses, or transports
distillate global marine fuel without meeting the applicable
recordkeeping requirements of subpart M of this part must not claim the
fuel is exempt from the standards, requirements, and prohibitions that
apply for ULSD under this part.
Subpart H--Averaging, Banking, and Trading Provisions
0
51. Amend Sec. 1090.700 by:
0
a. Revising and republishing paragraphs (a) and (b); and
0
b. Revising paragraphs (e)(7) and (8).
The revisions and republications read as follows:
Sec. 1090.700 Compliance with average standards.
(a) Compliance with the sulfur average standard. For each of their
facilities, a gasoline manufacturer must demonstrate compliance with
the sulfur average standard in Sec. 1090.205(a) by using the equations
in paragraphs (a)(1) and (2) of this section.
(1) Compliance sulfur value calculation. (i) The compliance sulfur
value is determined as follows:
Equation 1 to paragraph (a)(1)(i)
CSV<INF>y</INF> = S<INF>tot,y</INF> + D<INF>s,(y-1)</INF> +
D<INF>S_Oxy_Total,y</INF> -C
Where:
CSV<INF>y</INF> = Compliance sulfur value for compliance period y,
in ppm-gallons.
S<INF>tot,y</INF> = Total amount of sulfur produced during
compliance period y, per paragraph (a)(1)(ii) of this section, in
ppm-gallons.
Ds,<INF>(y-1)</INF> = Sulfur deficit from compliance period y-1, per
Sec. 1090.715(a)(1), in ppm-gallons.
D<INF>S_Oxy_Total,y</INF> = Total sulfur deficit from downstream BOB
recertification during compliance period y, per Sec.
1090.740(b)(1), in ppm-gallons.
C<INF>S</INF> = Sulfur credits used by the gasoline manufacturer,
per Sec. 1090.720, in ppm-gallons.
(ii) The total amount of sulfur produced is determined as follows:
Equation 2 to paragraph (a)(1)(ii)
[GRAPHIC] [TIFF OMITTED] TR15JA25.014
Where:
S<INF>tot,y</INF> = Total amount of sulfur produced during
compliance period y, in ppm-gallons.
V<INF>i</INF> = Volume of gasoline produced or imported in batch i,
in gallons.
S<INF>i</INF> = Sulfur content of batch i, in ppm.
i = Individual batch of gasoline produced or imported during the
compliance period.
n = Number of batches of gasoline produced or imported during the
compliance period.
If the calculation of S<INF>tot,y</INF> results in a negative
number, replace it with zero.
(2) Sulfur compliance calculation. (i) Compliance with the sulfur
average standard in Sec. 1090.205(a) is achieved if the following
equation is true:
Equation 3 to paragraph (a)(2)(i)
CSV<INF>y</INF> <= V<INF>tot</INF> [middot] S<INF>std</INF>
Where:
CSV<INF>y</INF> = Compliance sulfur value for compliance period y,
per paragraph (a)(1)(i) of this section, in ppm-gallons.
V<INF>tot</INF> = Total volume of gasoline produced or imported
during the compliance period, in gallons.
S<INF>std</INF> = Gasoline sulfur average standard, per Sec.
1090.205(a), in ppm.
(ii) Compliance with the sulfur average standard in Sec.
1090.205(a) is not achieved if a deficit is incurred two or more
consecutive years. A gasoline manufacturer incurs a deficit under Sec.
1090.715 if the following equation is true:
Equation 4 to paragraph (a)(2)(ii)
CSV<INF>y</INF> > V<INF>tot</INF> [middot] S<INF>std</INF>
Where:
CSV<INF>y</INF> = Compliance sulfur value for compliance period y,
per paragraph (a)(1)(i) of this section, in ppm-gallons.
V<INF>tot</INF> = Total volume of gasoline produced or imported
during the compliance period, in gallons.
S<INF>std</INF> = Sulfur average standard, per Sec. 1090.205(a), in
ppm.
(b) Compliance with the benzene average standards. For each of
their facilities, a gasoline manufacturer must demonstrate compliance
with the benzene average standard in Sec. 1090.210(a) by using the
equations in paragraphs (b)(1) and (2) of this section and with the
maximum benzene average standard in Sec. 1090.210(b) by using the
equations in paragraphs (b)(3) and (4) of this section.
(1) Compliance benzene value calculation. (i) The compliance
benzene value is determined as follows:
Equation 5 to paragraph (b)(1)(i)
CBV<INF>y</INF> = Bz<INF>tot,y</INF> + D<INF>BZ,(y-1)</INF> +
D<INF>BZ_OXy__Total,y</INF> - C<INF>BZ</INF>
Where:
CBV<INF>y</INF> = Compliance benzene value for compliance period y,
in benzene gallons.
Bz<INF>tot,y</INF> = Total amount of benzene produced during
compliance period y, per paragraph (b)(1)(ii) of this section, in
benzene gallons.
D<INF>Bz,(y-1)</INF> = Benzene deficit from compliance period y-1,
per Sec. 1090.715(a)(2), in benzene gallons.
D<INF>Bz_Oxy_Total,y</INF> = Total benzene deficit from downstream
BOB recertification during compliance period y, per Sec.
1090.740(b)(3), in benzene gallons.
C<INF>Bz</INF> = Benzene credits used by the gasoline manufacturer,
per Sec. 1090.720, in benzene gallons.
(ii) The total amount of benzene produced is determined as follows:
Equation 6 to paragraph (b)(1)(ii)
[GRAPHIC] [TIFF OMITTED] TR15JA25.015
Where:
Bz<INF>tot,y</INF> = Total amount of benzene produced during
compliance period y, in benzene gallons.
V<INF>i</INF> = Volume of gasoline produced or imported in batch i,
in gallons.
Bz<INF>i</INF> = Benzene content of batch i, in volume percent.
i = Individual batch of gasoline produced or imported during the
compliance period.
n = Number of batches of gasoline produced or imported during the
compliance period.
If the calculation of Bz<INF>tot,y</INF> results in a negative
number, replace it with zero.
(2) Benzene average compliance calculation. (i) Compliance with the
benzene average standard in Sec. 1090.210(a) is achieved if the
following equation is true:
Equation 7 to paragraph (b)(2)(i)
[GRAPHIC] [TIFF OMITTED] TR15JA25.016
Where:
CBV<INF>y</INF> = Compliance benzene value for compliance period y,
per paragraph (b)(1)(i) of this section, in benzene gallons.
V<INF>tot</INF> = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Bz<INF>avg_std</INF> = Benzene average standard, per Sec.
1090.210(a), in volume percent.
(ii) Compliance with the benzene average standard in Sec.
1090.210(a) is not achieved if a deficit is incurred two or more
consecutive years. A gasoline manufacturer incurs a deficit under Sec.
1090.715 if the following equation is true:
Equation 8 to paragraph (b)(2)(ii)
[[Page 4351]]
[GRAPHIC] [TIFF OMITTED] TR15JA25.017
Where:
CBV<INF>y</INF> = Compliance benzene value for compliance period y,
per paragraph (b)(1)(i) of this section, in benzene gallons.
V<INF>tot</INF> = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Bz<INF>avg_std</INF> = Benzene average standard, per Sec.
1090.210(a), in volume percent.
(3) Average benzene concentration calculation. The average benzene
concentration is determined as follows:
Equation 9 to paragraph (b)(3)
[GRAPHIC] [TIFF OMITTED] TR15JA25.018
Where:
Bz<INF>avg,y</INF> = Average benzene concentration for compliance
period y, in volume percent.
V<INF>i</INF> = Volume of gasoline produced or imported in batch i,
in gallons.
Bz<INF>i</INF> = Benzene content of batch i, in volume percent.
i = Individual batch of gasoline produced or imported during the
compliance period.
n = Number of batches of gasoline produced or imported during the
compliance period.
V<INF>tot</INF> = Total volume of gasoline produced or imported
during the compliance period, in gallons.
(4) Maximum benzene average compliance calculation. Compliance with
the maximum benzene average standard in Sec. 1090.210(b) is achieved
if the following equation is true:
Equation 10 to paragraph (b)(4)
BZ<INF>avg,y</INF> <= BZ<INF>max_std</INF>
Where:
Bz<INF>avg,y</INF> = Average benzene concentration for compliance
period y, per paragraph (b)(3) of this section, in volume percent.
Bz<INF>max_std</INF> = Maximum benzene average standard, per Sec.
1090.210(b), in volume percent.
(5) Rounding and reporting benzene values. (i) The total amount of
benzene produced, as calculated in paragraph (b)(1)(ii) of this
section, must be rounded to the nearest whole benzene gallon in
accordance with Sec. 1090.50.
(ii) The average benzene concentration, as calculated in paragraph
(b)(3) of this section, must be rounded and reported to two decimal
places in accordance with Sec. 1090.50.
* * * * *
(e) * * *
(7) Gasoline imported by rail or truck using the provisions of
Sec. 1090.1610 to meet the alternative per-gallon standards of
Sec. Sec. 1090.205(d) and 1090.210(c).
(8) Gasoline exempt under subpart G of this part from the average
standards in subpart C of this part (e.g., California gasoline, racing
fuel, etc.).
0
52. Amend Sec. 1090.710 by revising the introductory text to read as
follows:
Sec. 1090.710 Downstream oxygenate accounting.
The requirements of this section apply to BOB for which a gasoline
manufacturer accounts for the effects of the oxygenate blending that
occurs downstream of the fuel manufacturing facility gate in the
gasoline manufacturer's average standard compliance calculations under
this subpart. This section also includes requirements for oxygenate
blenders to ensure that oxygenate is added in accordance with the
blending instructions specified by the gasoline manufacturer in order
to ensure fuel quality standards are met.
* * * * *
0
53. Amend Sec. 1090.715 by revising and republishing paragraph (a) to
read as follows:
Sec. 1090.715 Deficit carryforward.
(a) A gasoline manufacturer incurs a compliance deficit if they
exceed the average standard specified in subpart C of this part for a
given compliance period. The deficit incurred must be determined as
specified in paragraph (a)(1) of this section for sulfur and paragraph
(a)(2) of this section for benzene.
(1) The sulfur deficit incurred is determined as follows:
Equation 1 to paragraph (a)(1)
D<INF>s,y</INF> = CSV-V<INF>tot</INF> [middot] S<INF>std</INF>
Where:
D<INF>S,y</INF> = Sulfur deficit incurred for compliance period y,
in ppm-gallons.
CSV<INF>y</INF> = Compliance sulfur value for compliance period y,
per Sec. 1090.700(a)(1), in ppm-gallons.
V<INF>tot</INF> = Total volume of gasoline produced or imported
during the compliance period, in gallons.
S<INF>std</INF> = Sulfur average standard, per Sec. 1090.205(a), in
ppm.
(2) The benzene deficit incurred is determined as follows:
Equation 2 to paragraph (a)(2)
[GRAPHIC] [TIFF OMITTED] TR15JA25.019
Where:
D<INF>Bz,y</INF> = Benzene deficit incurred for compliance period y,
in benzene gallons.
CBV<INF>y</INF> = Compliance benzene value for compliance period y,
per Sec. 1090.700(b)(1)(i), in benzene gallons.
V<INF>tot</INF> = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Bz<INF>avg_std</INF> = Benzene average standard, per Sec.
1090.210(a), in volume percent.
* * * * *
0
54. Amend Sec. 1090.720 by revising paragraphs (c)(5) and (d) to read
as follows:
Sec. 1090.720 Credit use.
* * * * *
(c) * * *
(5) A gasoline manufacturer must only use credits that they own at
the time of use.
(d) Credit reporting. A gasoline manufacturer that generates,
transacts, or uses credits under this subpart must submit reports to
EPA that include all information regarding credits as specified in
Sec. 1090.905 using forms and procedures specified by EPA.
* * * * *
0
55. Amend Sec. 1090.725 by revising paragraphs (a)(2)(vi), (c)(1),
(d)(1), and (f) to read as follows:
Sec. 1090.725 Credit generation.
(a) * * *
(2) * * *
(vi) Importation of gasoline by rail or truck using the alternative
sampling and testing requirements in Sec. 1090.1610.
* * * * *
(c) * * *
(1) The number of sulfur credits generated is determined as
follows:
Equation 1 to paragraph (c)(1)
C<INF>S,y</INF> = V<INF>tot</INF> [middot] S<INF>std</INF>-
CSV<INF>y</INF>
Where:
C<INF>S,y</INF> = Sulfur credits generated for compliance period y,
in ppm-gallons.
V<INF>tot</INF> = Total volume of gasoline produced or imported
during the compliance period, in gallons.
S<INF>std</INF> = Sulfur average standard, per Sec. 1090.205(a), in
ppm.
CSV<INF>y</INF> = Compliance sulfur value for compliance period y,
per Sec. 1090.700(a)(1), in ppm-gallons.
* * * * *
(d) * * *
(1) The number of benzene credits generated is determined as
follows:
Equation 2 to paragraph (d)(1)
[GRAPHIC] [TIFF OMITTED] TR15JA25.020
Where:
C<INF>Bz,y</INF> = Benzene credits generated for compliance period
y, in benzene gallons.
V<INF>tot</INF> = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Bz<INF>avg_std</INF> = Benzene average standard, per Sec.
1090.210(a), in volume percent.
CBV<INF>y</INF> = Compliance benzene value for compliance period y,
per Sec. 1090.700(b)(1)(i), in benzene gallons.
* * * * *
[[Page 4352]]
(f) Credit generation reporting. A gasoline manufacturer that
generates credits under this section must submit reports to EPA that
contain all information regarding credit generation as specified in
Sec. 1090.905 using forms and procedures specified by EPA.
0
56. Amend Sec. 1090.730 by revising paragraphs (f) and (h) to read as
follows:
Sec. 1090.730 Credit transfers.
* * * * *
(f) No person may transfer credits if the transfer would cause them
to incur a compliance deficit under Sec. 1090.715.
* * * * *
(h) The transferor and the transferee must submit reports to EPA
that include all information regarding the transaction as specified in
Sec. 1090.905 using forms and procedures specified by EPA.
0
57. Amend Sec. 1090.735 by revising paragraph (a) to read as follows:
Sec. 1090.735 Invalid credits and remedial actions.
* * * * *
(a) Invalid credits must not be used to achieve compliance with an
average standard specified in subpart C of this part, regardless of the
good faith belief that the credits were validly generated.
* * * * *
0
58. Amend Sec. 1090.740 by:
0
a. Revising paragraphs (a)(2) and (4); and
0
b. Revising and republishing paragraph (b).
The revisions and republication read as follows:
Sec. 1090.740 Downstream BOB recertification.
(a) * * *
(2) A gasoline manufacturer must comply with applicable
requirements of this part and incur deficits to be included in their
compliance calculations under Sec. 1090.700 for each facility at which
the gasoline manufacturer recertifies BOB.
* * * * *
(4) A party that only recertifies BOB that contains a greater
amount of a specified oxygenate (e.g., a party adds 15 volume percent
ethanol instead of 10 volume percent ethanol to an E10 BOB) or a
different oxygenate at an equal or greater amount (e.g., a party adds
16 volume percent isobutanol instead of 10 volume percent ethanol to an
E10 BOB) does not incur deficits under this section, does not need to
submit reports under subpart J of this part, and does not need to
arrange for an auditor to conduct an audit under subpart S of this
part. The party must still comply with all other applicable provisions
of this part (e.g., register and keep records under subparts I and M of
this part, respectively).
(b) A gasoline manufacturer that recertifies a BOB under this
section must calculate sulfur and benzene deficits for each batch and
the total deficits for sulfur and benzene as follows:
(1) Total sulfur deficit from downstream BOB recertification.
Calculate the total sulfur deficit from downstream BOB recertification
for each facility as follows:
Equation 1 to paragraph (b)(1)
[GRAPHIC] [TIFF OMITTED] TR15JA25.021
Where:
D<INF>S_Oxy_Total,y</INF> = Total sulfur deficit from downstream BOB
recertification during compliance period y, in ppm-gallons.
D<INF>S_Oxy_Batch,i</INF> = Sulfur deficit for batch i of
recertified BOB, per paragraph (b)(2) of this section, in ppm-
gallons.
i = Individual batch of BOB recertified during compliance period y.
n = Number of batches of BOB recertified during compliance period y.
(2) Sulfur deficits from downstream BOB recertification. Calculate
the sulfur deficit from BOB recertification for each individual batch
of BOB recertified as follows:
Equation 2 to paragraph (b)(2)
[GRAPHIC] [TIFF OMITTED] TR15JA25.022
Where:
D<INF>S_Oxy_Batch,i</INF> = Sulfur deficit for batch i of
recertified BOB, in ppm-gallons.
V<INF>BOB</INF> = Volume of BOB in the batch being recertified, in
gallons.
PSV = Presumed sulfur value of recertified BOB, in ppm. For purposes
of this equation, PSV equals 11 ppm.
PTD<INF>Oxy</INF> = Volume fraction of oxygenate that would have
been added to the BOB as specified on PTDs.
ACTUAL<INF>Oxy</INF> = Volume fraction of oxygenate that was
actually added to the BOB. If no oxygenate was added to the BOB,
then ACTUAL<INF>Oxy</INF> equals 0.
(3) Total benzene deficit from downstream BOB recertification.
Calculate the total benzene deficit from downstream BOB recertification
for each facility as follows:
Equation 3 to paragraph (b)(3)
[GRAPHIC] [TIFF OMITTED] TR15JA25.023
Where:
D<INF>Bz_Oxy_Total,y</INF> = Total benzene deficit from downstream
BOB recertification during compliance period y, in benzene gallons.
D<INF>Bz_Oxy_Batch,i</INF> = Benzene deficit for batch i of
recertified BOB, per paragraph (b)(4) of this section, in benzene
gallons.
i = Individual batch of BOB recertified during compliance period y.
n = Number of batches of BOB recertified during compliance period y.
(4) Benzene deficits from downstream BOB recertification. Calculate
the benzene deficit from BOB recertification for each individual batch
of BOB recertified as follows:
Equation 4 to paragraph (b)(4)
[[Page 4353]]
[GRAPHIC] [TIFF OMITTED] TR15JA25.024
Where:
D<INF>Bz_Oxy_Batch,i</INF> = Benzene deficit for batch i of
recertified BOB, in benzene gallons.
V<INF>BOB</INF> = Volume of BOB in the batch being recertified, in
gallons.
PBV = Presumed benzene value of recertified BOB, in volume percent.
For purposes of this equation, PBV equals 0.68 volume percent.
PTD<INF>Oxy</INF> = Volume fraction of oxygenate that would have
been added to the BOB as specified on PTDs.
ACTUAL<INF>Oxy</INF> = Volume fraction of oxygenate that was
actually added to the BOB. If no oxygenate was added to the BOB,
then ACTUAL<INF>Oxy</INF> equals 0.
(5) Deficit rounding. The deficits calculated in paragraphs (b)(1)
through (4) of this section must be rounded and reported to the nearest
sulfur ppm-gallon or benzene gallon in accordance with Sec. 1090.50,
as applicable.
* * * * *
0
59. Revise and republish Sec. 1090.745 to read as follows:
Sec. 1090.745 Informational annual average calculations.
(a) A gasoline manufacturer must calculate and report annual
average sulfur and benzene concentrations for each of their facilities
as specified in this section. The values calculated and reported under
this section are not used to demonstrate compliance with average
standards under this part.
(b) A gasoline manufacturer must calculate and report their
unadjusted average sulfur concentration as follows:
Equation 1 to paragraph (b)
[GRAPHIC] [TIFF OMITTED] TR15JA25.025
Where:
S<INF>avg,y</INF> = Facility unadjusted average sulfur concentration
for compliance period y, in ppm. Round and report S<INF>avg,y</INF>
to two decimal places.
V<INF>i</INF> = Volume of gasoline produced or imported in batch i,
in gallons.
S<INF>i</INF> = Sulfur content of batch i, in ppm.
i = Individual batch of gasoline produced or imported during the
compliance period.
n = Number of batches of gasoline produced or imported during the
compliance period.
V<INF>tot</INF> = Total volume of gasoline produced or imported
during the compliance period, in gallons.
(c) A gasoline manufacturer must calculate and report their net
average sulfur concentration as follows:
Equation 2 to paragraph (c)
[GRAPHIC] [TIFF OMITTED] TR15JA25.026
Where:
S<INF>net_avg,y</INF> = Facility net average sulfur concentration
for compliance period y, in ppm. Round and report
S<INF>net_avg,y</INF> to two decimal places.
CSV<INF>y</INF> = Compliance sulfur value for compliance period y,
per Sec. 1090.700(a)(1), in ppm-gallons.
V<INF>tot</INF> = Total volume of gasoline produced or imported
during the compliance period, in gallons.
(d) A gasoline manufacturer must calculate and report their net
average benzene concentration as follows:
Equation 3 to paragraph (d)
[GRAPHIC] [TIFF OMITTED] TR15JA25.027
Where:
B<INF>net_avg,y</INF> = Facility net average benzene concentration
for compliance period y, in volume percent. Round and report
B<INF>net_avg,y</INF> to two decimal places.
CBV<INF>y</INF> = Compliance benzene value for compliance period y,
per Sec. 1090.700(b)(1)(i), in benzene gallons.
V<INF>tot</INF> = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Subpart I--Registration
0
60. Amend Sec. 1090.800 by revising paragraph (d) to read as follows:
Sec. 1090.800 General provisions.
* * * * *
(d) RCO submission. Registration information must be submitted by
the RCO. The RCO may delegate responsibility to a person who is
familiar with the requirements of this part and who is no lower in the
organization than a fuel manufacturing facility manager, or equivalent.
* * * * *
0
61. Amend Sec. 1090.805 by revising and republishing paragraph (b) to
read as follows:
Sec. 1090.805 Contents of registration.
* * * * *
(b) Additional information required for certified pentane
producers. In addition to the information in paragraph (a) of this
section, a certified pentane producer must also submit the following
information:
(1) A description of the certified pentane production facility that
demonstrates that the facility is capable of producing certified
pentane that is compliant with the requirements of this part without
significant modifications to the existing facility.
(2) A description of how certified pentane will be shipped from the
certified pentane production facility to the certified pentane
blender(s) and the associated quality assurance practices that
demonstrate that contamination during distribution can be adequately
controlled so as not to cause certified pentane to be in violation of
the standards in this part.
0
62. Amend Sec. 1090.815 by revising paragraph (a)(4) to read as
follows:
Sec. 1090.815 Deactivation (involuntary cancellation) of
registration.
(a) * * *
(4) Any required attestation engagement report has not been
received within 30 days of the required submission date.
* * * * *
0
63. Amend Sec. 1090.820 by revising paragraph (b)(3) to read as
follows:
Sec. 1090.820 Changes of ownership.
* * * * *
(b) * * *
(3) A letter, signed by the RCO from the company that currently
owns or will own the company or facility and, if possible,
documentation from the company that previously registered the company
or facility that details the effective date of the transfer of
ownership of the company or facility and summarizes any changes to the
registration information.
* * * * *
Subpart J--Reporting
0
64. Amend Sec. 1090.900 by revising paragraphs (c) and (d) to read as
follows:
Sec. 1090.900 General provisions.
* * * * *
(c) Report deadlines. All annual, batch, and credit transaction
reports required under this subpart, except attestation engagement
reports, must be submitted by March 31 for the preceding compliance
period (e.g., reports covering the calendar year 2021 must be submitted
to EPA by no later than March 31, 2022). Attestation engagement reports
must be submitted by June 1 for the preceding compliance period (e.g.,
attestation engagement reports covering calendar year 2021 must be
submitted to EPA by no later than June 1, 2022). Independent survey
[[Page 4354]]
quarterly reports must be submitted by the deadlines in table 1 to
paragraph (a)(4) in Sec. 1090.925.
(d) RCO submission. Reports must be signed and submitted by the RCO
or their delegate.
0
65. Amend Sec. 1090.905 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a)(2)(iv)(E), (b)(2)(vi)(E), (c)(1)(viii), and
(c)(2)(ii), (iii), and (viii);
0
c. In paragraphs (c)(3)(i)(F) and (G), removing the text ``BOB'' and
add, in its place, the text ``BOB and the blending manufacturer is
accounting for downstream oxygenate under Sec. 1090.710''.
0
d. Removing paragraph (c)(3)(i)(H);
0
e. Redesignating paragraphs (c)(3)(i)(I) and (J) as paragraphs
(c)(3)(i)(H) and (I); and
0
f. Revising paragraphs (c)(4) introductory text, (c)(5)(i)(E), and
(c)(8)(vii)(A).
The revisions read as follows:
Sec. 1090.905 Reports by gasoline manufacturers.
(a) * * *
(2) * * *
(iv) * * *
(E) The total sulfur deficit from downstream BOB recertification,
per Sec. 1090.740(b)(1).
* * * * *
(b) * * *
(2) * * *
(vi) * * *
(E) The total benzene deficit from downstream BOB recertification,
per Sec. 1090.740(b)(3).
* * * * *
(c) * * *
(1) * * *
(viii) For all batches of summer gasoline:
(A)(1) The applicable RVP standard, as specified in Sec. 1090.215.
(2) Whether the ethanol 1.0 psi waiver under Sec. 1090.215(b)
applies.
(B) The tested RVP of the batch, in psi, and the test method used
to measure the RVP. If the gasoline is Summer RFG that is designated as
``Intended for Oxygenate Blending'' under Sec. 1090.1010(a)(4), report
the tested RVP of the hand blend.
* * * * *
(2) * * *
(ii) The batch number.
(iii) The date the batch was produced or imported.
* * * * *
(viii) For all batches of summer BOB:
(A)(1) The applicable RVP standard, as specified in Sec. 1090.215,
for the neat CBOB or hand blend of RBOB and oxygenate prepared under
Sec. 1090.1340.
(2) Whether the ethanol 1.0 psi waiver under Sec. 1090.215(b)
applies for the neat CBOB or hand blend of RBOB and oxygenate prepared
under Sec. 1090.1340.
(B) The tested RVP of the neat CBOB or hand blend of RBOB and
oxygenate prepared under Sec. 1090.1340, in psi, and the test method
used to measure the RVP.
* * * * *
(4) For blendstock(s) added to PCG by a gasoline manufacturer
complying by addition under Sec. 1090.1320(a)(2), report each
blendstock as a separate batch and all the following information:
* * * * *
(5) * * *
(i) * * *
(E) The volume percentage of butane in batches of butane, or
pentane in batches of pentane, provided by the certified butane or
certified pentane supplier.
* * * * *
(8) * * *
(vii) * * *
(A)(1) The applicable RVP standard, as specified in Sec. 1090.215.
(2) Whether the ethanol 1.0 psi waiver under Sec. 1090.215(b)
applies.
* * * * *
0
66. Amend Sec. 1090.910 by:
0
a. Revising the section heading; and
0
b. Revising the introductory text and paragraphs (a)(1)(ix) and (x).
The revisions read as follows:
Sec. 1090.910 Reports by gasoline manufacturers that recertify BOB to
gasoline.
A gasoline manufacturer that recertifies BOB under Sec. 1090.740
must report the information of this section, as applicable.
(a) * * *
(1) * * *
(ix) The sulfur deficit for the batch calculated under Sec.
1090.740(b)(2).
(x) The benzene deficit for the batch calculated under Sec.
1090.740(b)(4).
* * * * *
0
67. Amend Sec. 1090.915 by revising the section heading and paragraph
(c)(5) to read as follows:
Sec. 1090.915 Reports by oxygenate producers and importers.
* * * * *
(c) * * *
(5) The sulfur content of the batch, in ppm, and the method used to
determine the sulfur content.
* * * * *
0
68. Amend Sec. 1090.925 by:
0
a. Revising paragraph (b)(3) introductory text; and
0
b. Revising and republishing paragraph (c)(3).
The revisions read as follows:
Sec. 1090.925 Reports by independent surveyors.
* * * * *
(b) * * *
(3) For each diesel fuel sample collected at a retail outlet by the
independent surveyor:
* * * * *
(c) * * *
(3) Summary statistics for each identified geographic area,
including the following:
(i) The number of samples collected and tested.
(ii) The mean, median, and range expressed in appropriate units for
each measured fuel parameter.
(iii) The standard deviation for each measured fuel parameter.
(iv) The estimated compliance rate for each measured fuel parameter
subject to a per-gallon standard in subpart C or D of this part.
(v) A summary of potential noncompliance issues.
* * * * *
0
69. Revise and republish Sec. 1090.930 to read as follows:
Sec. 1090.930 Reports by auditors.
(a) Attestation engagement reports required under subpart S of this
part must be submitted by an independent auditor registered with EPA
and associated with a company, or companies, through registration under
subpart I of this part. Each attestation engagement report must clearly
identify the company and compliance level (e.g., facility), time
period, and scope covered by the report. Attestation engagement reports
covered by this section include those required under this part and
those required under 40 CFR part 80, subpart M, beginning with the
report due June 1, 2022.
(b) An attestation engagement report must be submitted to EPA
covering each compliance period by June 1 of the following calendar
year. The auditor must make the attestation engagement report available
to the company for which it was performed.
(c) The attestation engagement must comply with subpart S of this
part and the attestation engagement report must clearly identify the
methodologies followed and any findings, exceptions, and variances.
(d) A single attestation engagement report submission by the
auditor may include procedures performed under this part and under 40
CFR part 80, subpart M. If a single submission method is used, the
auditor must clearly and separately describe the procedures and
findings for each program.
[[Page 4355]]
(e) The auditor must submit written acknowledgement from the RCO
that the gasoline manufacturer has reviewed the attestation engagement
report.
0
70. Amend Sec. 1090.935 by revising paragraphs (a)(1) introductory
text and (a)(1)(i) to read as follows:
Sec. 1090.935 Reports by diesel fuel manufacturers.
(a) * * *
(1) For each compliance period, a diesel fuel manufacturer that
produces ULSD must submit the following information:
(i) The EPA-issued company and facility identifiers for the diesel
fuel manufacturer.
* * * * *
Subpart K--Batch Certification and Designation
0
71. Amend Sec. 1090.1000 by revising paragraphs (b)(2)(ii), (b)(4)
introductory text, (b)(5), (c)(2)(ii), and (e)(2)(i)(A) to read as
follows:
Sec. 1090.1000 Batch certification requirements.
* * * * *
(b) * * *
(2) * * *
(ii) Ensure that each batch of gasoline meets the applicable
requirements of subpart C of this part using the applicable procedures
specified in subpart N of this part. A transmix processor must also
meet all applicable requirements of subpart F of this part to ensure
that each batch of gasoline meets the applicable requirements of
subpart C of this part.
* * * * *
(4) Any person who mixes summer gasoline with summer or winter
gasoline that has a different designation must comply with one of the
following:
* * * * *
(5) Any person who mixes summer gasoline with winter gasoline to
transition any storage tank from winter to summer gasoline is exempt
from the requirement in paragraph (b)(4)(ii) of this section but must
ensure that the gasoline meets the applicable RVP standard in Sec.
1090.215.
(c) * * *
(2) * * *
(ii) Ensure that each batch of diesel fuel or ECA marine fuel meets
the applicable requirements of subpart D of this part using the
applicable procedures specified in subpart N of this part. A transmix
processor must also meet all applicable requirements specified in
subpart F of this part to ensure that each batch of diesel fuel or ECA
marine fuel meets the applicable requirements of subpart D of this
part.
* * * * *
(e) * * *
(2) * * *
(i) * * *
(A) Testing must occur after the most recent delivery into the
certified butane producer's storage tank, before transferring the
certified butane batch for delivery.
* * * * *
0
72. Amend Sec. 1090.1005 by revising the section heading to read as
follows:
Sec. 1090.1005 Designation of batches of fuel, fuel additive, and
regulated blendstock.
* * * * *
0
73. Amend Sec. 1090.1010 by revising paragraph (c)(2) to read as
follows:
Sec. 1090.1010 Designation requirements for gasoline and regulated
blendstocks.
* * * * *
(c) * * *
(2) The name of the specific oxygenate (e.g., isobutanol).
* * * * *
0
74. Amend Sec. 1090.1015 by:
0
a. Revising the section heading; and
0
b. Revising the paragraph heading of paragraph (a), and paragraphs (b)
introductory text, and (b)(3)(iii) through (v).
The revisions read as follows:
Sec. 1090.1015 Designation requirements for diesel fuel and
distillate fuel.
(a) Designation requirements for diesel fuel and distillate fuel
manufacturers.
* * * * *
(b) Designation requirements for distributors of diesel fuel and
distillate fuel. A distributor of diesel fuel or distillate fuel must
accurately and clearly designate each batch of diesel fuel or
distillate fuel for which they transfer custody as follows:
* * * * *
(3) * * *
(iii) California diesel fuel may be redesignated as ULSD if the
requirements specified in Sec. 1090.625(e) are met.
(iv) Heating oil, kerosene, ECA marine fuel, or jet fuel may be
redesignated as ULSD if it meets the ULSD standards in Sec. 1090.305
and was designated as ULSD under paragraph (a) of this section.
(v) 500 ppm LM diesel fuel may be redesignated as ECA marine fuel,
distillate global marine fuel, or heating oil. Any person who
redesignates 500 ppm LM diesel fuel to ECA marine fuel or distillate
global marine fuel must maintain records from the producer of the 500
ppm LM diesel fuel (i.e., PTDs accompanying the fuel under Sec.
1090.1115) to demonstrate compliance with the 500 ppm sulfur standard
in Sec. 1090.320(b).
* * * * *
Subpart L--Product Transfer Documents
0
75. Amend Sec. 1090.1100 by revising paragraph (c) to read as follows:
Sec. 1090.1100 General requirements.
* * * * *
(c) Part 80 PTD requirements. For any product subject to 40 CFR
part 80, subpart M, a party must also include the applicable PTD
information required under 40 CFR 80.1453.
0
76. Revise and republish Sec. 1090.1105 to read as follows:
Sec. 1090.1105 PTD requirements for exempt fuel, fuel additive, and
regulated blendstock.
(a) In addition to the information required under Sec. 1090.1100,
on each occasion when any person transfers custody or title to any
exempt fuel, fuel additive, or regulated blendstock under subpart G of
this part, other than when the exempt fuel, fuel additive, or regulated
blendstock is sold or dispensed to the ultimate end user at a retail
outlet or WPC facility, the transferor must provide the transferee PTDs
that include the following statements, as applicable:
(1) National security exemption language. For fuel, fuel additive,
or regulated blendstock with a national security exemption specified in
Sec. 1090.605: ``This fuel is for use in vehicles, engines, or
equipment under an EPA-approved national security exemption only.''
(2) R&D exemption language. For fuel, fuel additive, or regulated
blendstock used for an R&D program specified in Sec. 1090.610: ``This
fuel is for use in research, development, and test programs only.''
(3) Racing fuel language. For fuel, fuel additive, or regulated
blendstock used for racing purposes specified in Sec. 1090.615: ``This
fuel is for racing purposes only.''
(4) Aviation fuel language. For fuel, fuel additive, or regulated
blendstock used in aircraft specified in Sec. 1090.615: ``This fuel is
for aviation use only.''
(5) Territory fuel exemption language. For fuel for use in American
Samoa, Guam, or the Commonwealth of the Northern Mariana Islands
specified in Sec. 1090.620: ``This fuel is for use only in Guam,
American Samoa, or the Northern Mariana Islands.''
[[Page 4356]]
(6) California gasoline language. For California gasoline specified
in Sec. 1090.625: ``California gasoline''.
(7) California diesel fuel language. For California diesel fuel
specified in Sec. 1090.625: ``California diesel fuel''.
(8) Alaska, Hawaii, Puerto Rico, and U.S. Virgin Islands summer
gasoline language. For summer gasoline for use in Alaska, Hawaii,
Puerto Rico, or the U.S. Virgin Islands specified in Sec. 1090.630:
``This summer gasoline is for use only in Alaska, Hawaii, Puerto Rico,
or the U.S. Virgin Islands.''
(9) Exported fuel language. For exported fuel, fuel additive, or
regulated blendstock specified in Sec. 1090.645: ``This fuel is for
export from the United States only.''
(b) In statements required by paragraph (a) of this section, where
``fuel'' is designated in a statement, the specific fuel, fuel
additive, or regulated blendstock type (e.g., ``diesel fuel'' or
``gasoline'') may be used in place of the word ``fuel''.
0
77. Amend Sec. 1090.1110 by revising paragraphs (b)(2)(i) introductory
text, (c)(1)(i) introductory text, and (e) to read as follows:
Sec. 1090.1110 PTD requirements for gasoline, gasoline additives, and
gasoline regulated blendstocks.
* * * * *
(b) * * *
(2) * * *
(i) Except as specified in paragraph (b)(2)(ii) of this section,
for batches of summer BOB, identification of the product with one of
the following statements indicating the applicable RVP standard, as
specified in Sec. 1090.215:
* * * * *
(c) * * *
(1) * * *
(i) Except as specified in paragraph (c)(1)(ii) of this section,
for summer gasoline, identification of the product with one of the
following statements indicating the applicable RVP standard, as
specified in Sec. 1090.215:
* * * * *
(e) Gasoline detergent language requirements. (1) In addition to
any other PTD requirements of this subpart, on each occasion when any
person transfers custody or title to any gasoline detergent, the
transferor must provide to the transferee PTDs that include the
following information:
(i) The identity of the product being transferred as detergent.
(ii) The name of the registered detergent must be used to identify
the detergent additive package on its PTD and the LAC on the PTD must
be consistent with the requirements in Sec. 1090.260.
(2) In addition to any other PTD requirements of this subpart, on
each occasion when any person transfers custody or title to any
gasoline, the transferor must provide to the transferee PTDs that
include the following information:
(i) The identify of the gasoline being transferred as detergent-
additized gasoline or non-detergent-additized gasoline.
(ii) [Reserved]
* * * * *
0
78. Amend Sec. 1090.1115 by revising the section heading and paragraph
(a) to read as follows:
Sec. 1090.1115 PTD requirements for distillate fuel and residual
fuel.
(a) General requirements. On each occasion when any person
transfers custody or title of any distillate fuel or residual fuel,
other than when fuel is sold or dispensed to the ultimate end user at a
retail outlet or WPC facility, the transferor must provide the
transferee PTDs that include the following information:
(1) The sulfur per-gallon standard that the transferor represents
the distillate fuel or residual fuel to meet under subpart D of this
part (e.g., 15 ppm sulfur for ULSD or 1,000 ppm sulfur for ECA marine
fuel).
(2) An accurate and clear statement of the applicable
designation(s) of the distillate fuel or residual fuel under Sec.
1090.1015 (e.g., ``ULSD'', ``500 ppm LM diesel fuel'', or ``ECA marine
fuel'').
(3) If the distillate fuel or residual fuel does not meet the
sulfur standard in Sec. 1090.305(b) for ULSD, the following statement:
``Not for use in highway vehicles or engines or nonroad, locomotive, or
marine engines.''
* * * * *
0
79. Amend Sec. 1090.1120 by revising paragraph (b)(3)(iii) to read as
follows:
Sec. 1090.1120 PTD requirements for diesel fuel additives.
* * * * *
(b) * * *
(3) * * *
(iii) The contribution to the sulfur content of the diesel fuel, in
ppm, that would result if the diesel fuel additive package is used at
the maximum recommended concentration.
* * * * *
Subpart M--Recordkeeping
0
80. Amend Sec. 1090.1205 by revising paragraphs (c) introductory text
and (c)(1) through (4) to read as follows:
Sec. 1090.1205 Recordkeeping requirements for all regulated parties.
* * * * *
(c) Sampling and testing. Any party that performs any sampling and
testing on any fuel, fuel additive, or regulated blendstock must keep
records of the following information for each sample collected:
(1) The date, time, location, and identification of the storage
tank, railcar, truck, or vessel from which the sample was collected.
(2) The name of the person who collected the sample and the person
who performed the test.
(3) The results of all tests, including where more than one test is
performed, as originally printed by the testing apparatus, or where no
printed result is produced, the results as originally recorded by the
person that performed the test.
(4) The test methodology used.
* * * * *
0
81. Amend Sec. 1090.1210 by revising paragraphs (d)(1) and (d)(2)(i)
to read as follows:
Sec. 1090.1210 Recordkeeping requirements for gasoline manufacturers.
* * * * *
(d) * * *
(1) Records that reflect the storage and movement of the PCG or TGP
and blendstock within the gasoline manufacturing facility to the point
such PCG or TGP is used to produce gasoline or BOB.
(2) * * *
(i) The results of tests to determine the sulfur content, benzene
content, oxygenate(s) content, and in the summer, RVP, for the PCG or
TGP and volume of the PCG or TGP when received at the gasoline
manufacturing facility.
* * * * *
0
82. Amend Sec. 1090.1215 by revising paragraphs (a), (b) introductory
text, and (c) introductory text to read as follows:
Sec. 1090.1215 Recordkeeping requirements for diesel fuel, ECA marine
fuel, and distillate global marine fuel manufacturers.
(a) Overview. In addition to the requirements in Sec. 1090.1205, a
diesel fuel, ECA marine fuel, or distillate global marine fuel
manufacturer must keep records for each of their facilities that
include the information in this section.
(b) Diesel fuel and ECA marine fuel records. For each batch of
ULSD, 500 ppm LM diesel fuel, or ECA marine fuel, a diesel fuel or ECA
marine fuel manufacturer must keep records of the following
information:
* * * * *
[[Page 4357]]
(c) Distillate global marine fuel records. For distillate global
marine fuel, a distillate global marine fuel manufacturer must keep
records of the following information:
* * * * *
0
83. Amend Sec. 1090.1230 by revising paragraph (b)(8) to read as
follows:
Sec. 1090.1230 Recordkeeping requirements for oxygenate producers.
* * * * *
(b) * * *
(8) The neat ethanol production quality control records or the test
results on the neat ethanol, as applicable.
* * * * *
0
84. Amend Sec. 1090.1240 by revising paragraphs (b)(2)(i),
(b)(2)(ii)(B), and (b)(2)(vi) to read as follows:
Sec. 1090.1240 Recordkeeping requirements for gasoline detergent
blenders.
* * * * *
(b) * * *
(2) * * *
(i) The dates of the VAR period.
(ii) * * *
(B) For a facility that uses a gauge to measure the inventory of
the detergent storage tank, the total volume of detergent must be
calculated as follows:
Equation 1 to paragraph (b)(2)(ii)(B)
V<INF>D</INF> = DI<INF>i</INF>-DI<INF>f</INF> + DI<INF>a</INF>-
DI<INF>w</INF>
Where:
V<INF>D</INF> = Volume of detergent, in gallons.
DI<INF>i</INF> = Initial detergent inventory of the tank, in
gallons.
DI<INF>f</INF> = Final detergent inventory of the tank, in gallons.
DI<INF>a</INF> = Sum of any additions to detergent inventory, in
gallons.
DI<INF>w</INF> = Sum of any withdrawals from detergent inventory for
purposes other than the additization of gasoline, in gallons.
* * * * *
(vi) If the detergent injector is set below the applicable LAC, or
adjusted by more than 10 percent above the concentration initially set
in the VAR period, documentation establishing that the purpose of the
change is to correct a batch misadditization prior to the end of the
VAR period and prior to the transfer of the batch to another party or
to correct an equipment malfunction and the date and adjustments of the
correction.
* * * * *
0
85. Amend Sec. 1090.1245 by revising paragraph (b)(2) to read as
follows:
Sec. 1090.1245 Recordkeeping requirements for independent surveyors.
* * * * *
(b) * * *
(2) Records related to a geographically focused E15 survey program
under Sec. 1090.1420(b).
* * * * *
0
86. Amend Sec. 1090.1250 by revising paragraph (b)(2) to read as
follows:
Sec. 1090.1250 Recordkeeping requirements for auditors.
* * * * *
(b) * * *
(2) Copies of each attestation engagement report prepared and all
related records developed to prepare each report.
0
87. Amend Sec. 1090.1255 by:
0
a. Revising the section heading; and
0
b. Revising paragraphs (a), (c)(4), and (d).
The revisions read as follows:
Sec. 1090.1255 Recordkeeping requirements for transmix, 500 ppm LM
diesel fuel, and pipeline interface.
(a) Overview. In addition to the requirements in Sec. 1090.1205, a
transmix processor, transmix blender, transmix distributor,
manufacturer or distributor of 500 ppm LM diesel fuel using transmix,
or pipeline operator must keep records that include the information in
this section.
* * * * *
(c) * * *
(4) Documents or information that demonstrates that the 500 ppm LM
diesel fuel was only used in locomotive or marine engines that are not
required to use ULSD under 40 CFR 1033.815 or 40 CFR 1042.660,
respectively.
(d) Pipeline interface. A pipeline operator must keep records that
demonstrate compliance with the pipeline interface handling practices
in Sec. 1090.520.
Subpart N--Sampling, Testing, and Retention
0
88. Amend Sec. 1090.1300 by revising paragraphs (b) and (d) to read as
follows:
Sec. 1090.1300 General provisions.
* * * * *
(b) If you need to meet requirements for a quality assurance
program at a minimum frequency, the first shipment of product you
receive from each distributor triggers the testing requirement for that
distributor. Perform testing with the first shipment of product to
demonstrate compliance for the testing period. The following example
illustrates the requirements for testing based on sampling the more
frequent of every 90 days or 500,000 gallons of certified butane you
receive from each distributor:
(1) If you receive an initial shipment of certified butane from a
distributor on March 1, perform testing on that batch to show that it
meets standards. A passing result qualifies all further shipments of
certified butane from that distributor until May 29, as long as you
receive less than 500,000 gallons of certified butane from that
distributor during those 90 days. In that case, the testing period ends
May 29 and the next testing period starts when you receive another
shipment of certified butane from that distributor on or after May 30.
(2) If you receive a shipment from that distributor before May 29
that that causes the total volume of certified butane from that
distributor to exceed 500,000 gallons over the testing period, the date
that batch is received represents the end of the testing period. The
next testing period starts when you receive another shipment of
[…truncated; see source link]Indexed from Federal Register on January 15, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.