commercial or financial information obtained from a person [that is]
privileged or confidential.'' \151\ In order for information to meet
the requirements of Exemption 4, EPA must find that the information is
either: (1) A trade secret, or (2) commercial or financial information
that is: (a) Obtained from a person, and (b) privileged or
confidential. Information meeting these criteria is commonly referred
to as CBI.\152\
---------------------------------------------------------------------------

    \151\ 5 U.S.C. 552(b)(4).
    \152\ We note that CAA section 114 explicitly excludes emissions
data from treatment as confidential information.
---------------------------------------------------------------------------

    In June 2019, the U.S. Supreme Court issued its decision in Food
Marketing

Institute v. Argus Leader Media, 139 S. Ct. 2356, 2366 (2019) (Argus
Leader). Argus Leader addressed the meaning of ``confidential'' within
the context of FOIA Exemption 4. The Court held that ``[a]t least where
commercial or financial information is both customarily and actually
treated as private by its owner and provided to the government under an
assurance of privacy, the information is `confidential' within the
meaning of Exemption 4.'' \153\ The Court identified two conditions
``that might be required for information communicated to another to be
considered confidential.'' \154\ Under the first condition,
``information communicated to another remains confidential whenever it
is customarily kept private, or at least closely held, by the person
imparting it.'' (internal citations omitted). The second condition
provides that ``information might be considered confidential only if
the party receiving it provides some assurance that it will remain
secret.'' (internal citations omitted). The Court found the first
condition necessary for information to be considered confidential
within the meaning of Exemption 4, but did not address whether the
second condition must also be met.
---------------------------------------------------------------------------

    \153\ Argus Leader, 139 S. Ct. at 2366.
    \154\ Id. at 2363.
---------------------------------------------------------------------------

    Following issuance of the Court's opinion, the U.S. Department of
Justice (DOJ) issued guidance concerning the confidentiality prong of
Exemption 4, articulating ``the newly defined contours of Exemption 4''
post-Argus Leader.\155\ Where the government provides an express or
implied indication to the submitter prior to or at the time the
information is submitted to the government that the government would
publicly disclose the information, then the submitter cannot reasonably
expect confidentiality of the information upon submission, and the
information is not entitled to confidential treatment under Exemption
4.\156\
---------------------------------------------------------------------------

    \155\ ``Exemption 4 After the Supreme Court's Ruling in Food
Marketing Institute v. Argus Leader Media and Accompanying Step-by-
Step Guide,'' Office of Information Policy, U.S. DOJ, (October 4,
2019), available at https://www.justice.gov/oip/exemption-4-after-supreme-courts-ruling-food-marketing-institutev-argus-leader-media.
    \156\ See id.; see also ``Step-by-Step Guide for Determining if
Commercial or Financial Information Obtained from a Person is
Confidential under Exemption 4 of the FOIA,'' Office of Information
Policy, U.S. DOJ, (updated October 7, 2019), available at https://www.justice.gov/oip/step-step-guide-determining-if-commercial-or-financial-information-obtained-person-confidential.
---------------------------------------------------------------------------

    Here, EPA is providing an express indication that we may release
certain basic information incorporated into EPA actions on petitions
and submissions, as well as information contained in submissions to EPA
under part 1090 without further notice, and that such information will
not be entitled to confidential treatment under Exemption 4 of the
FOIA. In particular, this decision applies to requests under the
following processes: Testing and R&D exemptions under 40 CFR 1090.610,
hardship exemptions under 40 CFR 1090.635, alternative quality
assurance programs under 40 CFR 1090.505, alternative PTD language
under 40 CFR 1090.1175, in-line blending waivers under 40 CFR
1090.1315, alternative measurement procedures under 40 CFR 1090.1365,
survey plans under 40 CFR 1090.1400, and alternative labels under 40
CFR 1090.1500. Accordingly, such information may be released without
further notice to the submitter and without following EPA's procedures
set forth in 40 CFR part 2, subpart B. Thus, to expedite processing of
information requests and increase transparency related to EPA
determinations, we are proposing to clarify in the regulations that a
clearly delineated set of basic information related to our decisions on
exemptions, waivers, and alternative procedures under part 1090 will
not be treated as confidential.
    In this action, we are, by rulemaking, providing potential
submitters notice of our intent to release particular information
related to future submissions. We are proposing that upon receipt of
submissions, we may release the following information: Submitter's
name; the name and location of the facility for which relief is
requested, if applicable; the general nature of the request; and the
relevant time period for the request, if applicable. Additionally, once
we have adjudicated submissions, we may release the following
additional information: The extent to which EPA either granted or
denied the request, and any relevant conditions. For information
submitted under part 1090 claimed as confidential that is outside the
categories described above, and not specified in the proposed
regulations at 40 CFR 1090.15(b) or (c), EPA will evaluate such
confidentiality claims in accordance with our regulations at 40 CFR
part 2, subpart B.
    We find that it is appropriate to release the information described
above in the interest of transparency and to provide the public with
information about entities seeking exemptions or requests for
alternative compliance procedures under part 1090. This approach will
also provide certainty to submitters regarding the release of
information under part 1090. With this advance notice, each potential
submitter will have the discretion to decide whether to make such a
request with the understanding that EPA may release certain information
about the request without further notice.

XIV. Costs and Benefits

A. Overview

    In general, we expect that this action would reduce the cost of
fuel distribution by improving fuel fungibility, reduce the costs for
regulated parties to comply with our fuel quality regulations, and
reduce the costs for EPA to implement those regulations. We do not
expect a measurable effect on regulated emissions or air quality as
this rule is not proposing to change the stringency of our fuel quality
standards. This section lays out the general areas of potential cost
savings for producing fuels that would result if the proposing
streamlining rule was finalized. We outline in more detail these areas
for savings in a technical memo to the docket.\157\ We specifically
solicit comment on quantifying cost savings associated with increased
fungibility of fuels, as well as the tables provided and assumptions
invoked in the technical memo.
---------------------------------------------------------------------------

    \157\ See ``Economic Analysis: Fuels Regulatory Streamlining
Proposed Rule,'' available in the docket for this action.
---------------------------------------------------------------------------

B. Reduced Fuel Costs to Consumers From Improved Fuel Fungibility

    A number of the provisions being proposed in part 1090 are expected
to improve fuel fungibility. This would result in decreased costs
associated with the distribution and sale of such fuels. Some examples
of ways that this could result in potential cost savings is from the
decreased need for separate tanks at terminals, the shipment of larger
batches of fuels through pipelines with less interface downgrade, and
fewer constraints on distribution and use of certain fuels in various
markets (e.g., winter RFG in CG areas). While we believe that these
types of savings could be significant, especially when applied to the
national gasoline and diesel fuel pools, these types of costs savings
are difficult to quantify. We reached out to stakeholders to attempt to
quantify potential costs savings and did not receive any information
that would help us determine cost savings from increased fuel
fungibility. Therefore, we seek comment on potential cost savings as
from increased fuel fungibility directly for the proposed fuels
regulatory streamlining provisions.

C. Costs and Benefits for Regulated Parties

    We anticipate that the proposed streamlined fuels provisions would
significantly reduce the administrative burden for regulated parties to
comply with our fuel quality standards. The opportunities to reduce
such administrative burden have been discussed throughout this
proposal. Some examples of areas where savings could result are the
decrease in the number of fuel parameters needed to be tested to
certify gasoline (discussed in Section V.A.2), the reduction in the
number and frequency of reports submitted to EPA to demonstrate
compliance with our gasoline requirements (discussed in Section
VIII.C), and cost savings associated with consolidating the current
four in-use survey programs into a single, national in-use survey
program.
    In general, estimates in administrative burden reduction are
captured in the supporting statement for the proposed information
collection request (ICR) required under the Paperwork Reduction Act
(PRA) and discussed in more detail in Section XV.C.\158\ As part of
this action, we are proposing to replace the multiple existing ICRs for
part 80 into a single ICR for all fuel programs that would now be
included in part 1090. As part of that process, we are comparing the
administrative burden from the existing ICRs to the estimated
administrative burden in the proposed ICR. This results in a change of
about $4.6 million less per year. Furthermore, we discuss additional
areas of potential administrative savings for industry that may not be
captured in ICRs in a technical memorandum.\159\ We estimate that there
are potential savings of about $28.3 million per year. Including the
$4.6 million cost reductions estimated under the ICR, the total
estimated savings in administrative costs to industry is $32.9 million
per year. Table XIV.C-1 outlines the categories identified for savings,
which are described in detail in a memorandum to the docket.\160\
---------------------------------------------------------------------------

    \158\ The supporting statement for the proposed ICR and other
supporting materials are available in the docket for this action.
    \159\ See ``Economic Analysis: Fuels Regulatory Streamlining
Proposed Rule,'' available in the docket for this action.
    \160\ Id.

   Table XIV.C-1--Estimated Annual Cost Savings by Savings Category 1
------------------------------------------------------------------------
                                                               Savings
                      Savings category                           (in
                                                              millions)
------------------------------------------------------------------------
Eliminate Olefin, Aromatics and Distillation Testing.......         $5.4
Fewer Batch Reports........................................          4.5
Less Retail Sampling.......................................          1.5
Eliminate Oxygenate Testing................................          2.5
Independent Labs...........................................          0.6
Oversight Testing..........................................          0.2
Barge Distribution Savings.................................         13.8
Information Collection Request.............................          4.6
                                                            ------------
  Total Savings............................................         32.9
------------------------------------------------------------------------
\1\ Cost savings in 2019 dollars.

    In addition, there are other potential savings for all stakeholders
that are more difficult to quantify. For example, an expected
consequence of making the regulations clearer and less complex would be
less time and effort for staff to understand our regulations and fewer
inquiries to EPA or to hired consultants to untangle regulatory
ambiguity.
    Aspects of this action that are expected to increase costs are
expected to be small and offset by a large margin by savings in
provisions they replace. Since we are not proposing changes to the
stringency of our standards, we do not expect fuel manufacturers to
have to alter their production processes in order to comply with the
proposed streamlined regulations. In prior fuels rulemakings, retooling
petroleum refiners often serve as the most significant costs associated
with changes in fuel standards. Similarly, other parties in the fuel
distribution system should not be expected to have to make any costly
adjustments to how they produce, distribute, and sell fuels, fuel
additives, and regulated blendstocks. We do expect there may be some
one-time costs associated with updating recordkeeping and reporting
requirements associated with the proposed requirements. For example,
parties would most likely need to change PTDs to reflect the proposed
streamlined language. These costs are expected to be small and are
reflected in the ICR supporting statement.\161\
---------------------------------------------------------------------------

    \161\ The ICR supporting statement is available in the docket
for this action.
---------------------------------------------------------------------------

    Overall, we expect the savings from increased fungibility of fuels,
the decrease in administrative costs, and other indirect cost savings
resulting from the proposal to far exceed any one-time administrative
costs needed to begin compliance with the proposed streamlined fuel
quality regulations. These cost savings would be expected to be passed
along to consumers in the form of lower fuel prices, given the highly
competitive fuel marketplace. We discuss many of these areas, including
a much more detailed analysis of the cost savings, in a technical
memorandum \162\ and the ICR supporting statement.\163\ We also
estimated the total new present value cost savings if the total savings
are carried out over 30 years at a 3 percent and 7 percent discounted
rate, which are presented in Table XIV.C-2.\164\
---------------------------------------------------------------------------

    \162\ See ``Economic Analysis: Fuels Regulatory Streamlining
Proposed Rule,'' available in the docket for this action.
    \163\ The ICR supporting statement is available in the docket
for this action.
    \164\ These results are discussed in more detail in the
technical memorandum, ``Economic Analysis: Fuels Regulatory
Streamlining Proposed Rule,'' available in the docket for this
action.

        Table XIV.C-2--Estimated Net Present Value Cost Savings 1
------------------------------------------------------------------------
 Three percent  discount rate  (in    Seven percent  discount rate  (in
             millions)                            millions)
------------------------------------------------------------------------
                     $560                                 $380
------------------------------------------------------------------------
\1\ Cost savings in 2019 dollars.

    We seek comment on the potential costs and benefits that would
result from this action and whether there are other costs and benefits
that we should consider.

D. Environmental Impacts

    Since we are not proposing to make changes to the stringency of the
existing fuel quality standards, we do not expect any measurable impact
on regulated emissions or air quality. However, as discussed in more
detail throughout the preamble, there are certain areas of this action
where changes to compliance requirements could be viewed as marginally
affecting in-use fuel quality. These marginal changes could then have a
ripple effect on regulated emissions. In general, such changes would be
very small, typically well below the levels that we have historically
attempted to quantify in rulemakings where we establish fuel standards.
Given the relative size of such changes, it would be difficult if not
impossible to make an estimate with any level of confidence on the air
quality effects that would result from this action. Despite this
limitation, we have attempted to at least identify potential areas that
could have an effect on in-use fuel quality.
    First, we have heard concerns that the proposed RFG RVP maximum
per-gallon of 7.4 psi, which is higher than the estimated RFG average
RVP of 7.1-7.2 psi. might be perceived as a decrease

in in-use fuel quality. Section V discusses why we believe that based
on historical information, the fuel system builds in compliance margins
to assure that per-gallon RVP standards are met and result in RVP
averages that are between 0.2-0.3 psi lower than the maximum per-gallon
standard. We have also maintained limitations on the addition of
certified butane and pentane to summer RFG to help ensure that an
average RVP of 7.1-7.2 psi is realized in-use for summer RFG.
Furthermore, by consolidating the three RFG VOC performance standards
to the most stringent standard, there may be a slight reduction in the
RVP of RFG supplied to areas with the less stringent VOC performance
standards.
    Second, we heard that by allowing manufacturers of CG to account
for oxygenate added downstream, any current unintentional
overcompliance with the gasoline average benzene and sulfur standards
would be lost, resulting in a slight increase in the benzene and sulfur
contents of the fuel pool. While this could result in a slight increase
in the amount of benzene and sulfur in the national fuel pool,\165\ we
believe there are some other elements that could offset or eclipse
these potential increases, making any real world quantification
difficult. One is the downstream BOB recertification procedures that
would require downstream parties that recertify BOBs for less oxygenate
to make up for the unrealized dilution of sulfur and benzene through
retiring credits (e.g., if a party recertifies an E10 BOB as an E0
gasoline). This would pull sulfur and benzene out of the gasoline fuel
pool and help offset some of the reduction in overcompliance.
Additionally, we are not allowing the generation of credits from the
over blending of oxygenates into BOB (e.g., if a party recertifies an
E10 BOB as E15). This would further dilute the amount of sulfur and
benzene in the gasoline pool and help offset any perceived reduction in
overcompliance.
---------------------------------------------------------------------------

    \165\ See ``Estimated Effects of Proposed Downstream Oxygenate
Accounting Provisions,'' available in the docket for this action.
---------------------------------------------------------------------------

    During the rule development process, we also heard from
stakeholders concerns that reducing the parameters needed to certify
gasoline would make it easier for parties to blend dirtier gasoline and
not comply with our fuel quality requirements. Other stakeholders
suggested that the reduced reporting requirements would make it more
difficult for EPA to oversee compliance with the fuel requirements. We
believe the improved oversight, especially by third-party surveys,
would address these concerns and, contrary to the concerns expressed,
may improve the quality of fuel sold at retail. While fuel
manufacturers would still be required to certify fuels for conformance
with EPA fuel quality standards, the issue is that fuels are now
blended with oxygenates, additives, and blendstocks at various points
along the distribution chain before the fuels are used in vehicles and
engines. Under the existing regulations, EPA monitors the quality of
gasoline primarily at the refinery gate, not downstream at retail. The
proposed national in-use survey program is designed to ensure that
fuels continue to meet our standards when they are dispensed from
retail stations and would help provide valuable information for EPA to
oversee the fuel quality programs. In addition, the proposed voluntary
national oversight program would ensure that manufacturers are sampling
and testing in a manner consistent with our regulations to help ensure
that parties are not biasing test results to make dirtier fuels. We
also believe that by proposing to simplify and modernize our reporting
requirements, we will be better able to oversee the fuel quality
program as information is more readily available.
    Taken together, we believe the proposed streamlining of the fuel
quality programs would on balance ensure greater compliance with our
regulatory requirements by making the requirements more intuitive to
the regulated community to comply with. We also believe the increased
oversight mechanisms proposed would allow us to better oversee
compliance with the current fuel standards and take appropriate action
when issues are identified. The net result of this could be a slight
improvement in fuel quality across the national fuel pool; however,
such an effect is difficult to quantify.

XV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders
can be found at http://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

    This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review. Any changes
made in response to OMB recommendations have been documented in the
docket. EPA prepared an economic analysis of the potential costs and
benefits associated with this action. This analysis, ``Economic
Analysis: Fuels Regulatory Streamlining Proposed Rule,'' is available
in the docket.

B. Executive Order 13771: Reducing Regulations and Controlling
Regulatory Costs

    This action is expected to be an Executive Order 13771 deregulatory
action. Details on the estimated cost savings of this proposed rule can
be found in our analysis of the potential costs and benefits associated
with this action in Section XIV.

C. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have
been submitted for approval to the Office of Management and Budget
(OMB) under the PRA. The Information Collection Request (ICR) document
that EPA prepared has been assigned OMB ICR number 2060-NEW; EPA ICR
number 2607.01. You can find a copy of the ICR in the docket for this
rule, and it is briefly summarized here.
    The information collection activities under this proposed rule are
similar to those under existing 40 CFR part 80 and include familiar
requirements for respondents to register, report, sample, and test
gasoline for four parameters (i.e., sulfur, benzene, seasonal RVP and
oxygenate/oxygen content in the cases of gasoline and sulfur in the
case of diesel), keep records in the normal course of business (e.g.,
PTDs and test results, as applicable), participate in surveys, conduct
attest engagements, and apply pump labels. Many parties are already
registered under part 80 and would not have to re-register under the
proposed approach. The exact information collection requirements
proposed are tied to the party's control over the quality and type of
fuel--for example, a refiner of gasoline has great control over the
quality and type of fuel and has proposed registration, reporting,
sampling, testing, recordkeeping, survey, and attest engagement
responsibilities; a party who owns a retail station has only limited,
proposed information collection requirements involving the retention of
customary business records (e.g., PTDs) and affixing labels to certain
pumps from which fuel is dispensed. The proposed information collection
for part 1090 would not result in duplication of requirements under
existing part 80, as this proposed regulation would replace nearly all
non-RFS provisions under the existing part.
    Respondents/affected entities: The respondents to this information
collection are parties involved in the

manufacture, blending, distribution, sale, or dispensing of regulated
fuels and fuel blendstocks. These include refiners, importers,
blenders, terminals and pipelines, truck facilities, fuel retailers,
and wholesale purchaser-consumers.
    Respondent's obligation to respond: Mandatory, under proposed 40
CFR part 1090.
    Estimated number of respondents: 182,269.
    Frequency of response: Annual and occasionally.
    Total estimated burden: 522,368 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $ 56,744,171 (per year) including, $5,744,016
annualized capital or operation and maintenance costs.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on EPA's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to EPA using the docket identified at the
beginning of this rule. You may also send your ICR-related comments to
OMB's Office of Information and Regulatory Affairs. These comments and
recommendations for the proposed information collection should be sent
within 30 days of publication of this notice to www.reginfo.gov/public/do/PRAMain. Find this particular information collection by selecting
``Currently under 30-day Review--Open for Public Comments'' or by using
the search function. EPA will respond to any ICR-related comments in
the final rule.

D. 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, the impact of concern is any significant
adverse economic impact on small entities. An agency may certify that a
rule will not have a significant economic impact on a substantial
number of small entities if the rule relieves regulatory burden, has no
net burden, or otherwise has a positive economic effect on the small
entities subject to the rule. This action proposes to consolidate EPA's
existing fuel quality regulations into the new 40 CFR part 1090, and
the proposed requirements on small entities are largely the same as
those already included in the existing 40 CFR part 80 fuel quality
regulations. While this action makes relatively minor corrections and
modifications to those regulations, we do not anticipate that there
will be any significant cost increases associated with these proposed
changes--to the contrary, we anticipate cost decreases. We have
therefore concluded that this action will have no net regulatory burden
for all directly regulated small entities.

E. 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.

F. 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. However,
to the extent that states have adopted fuel regulations based on EPA's
regulatory provisions that we are proposing to change, states may need
to make corresponding changes to their regulations to maintain their
effectiveness.
    Although Executive Order 13132 does not apply to this proposed
rule, EPA did consult with representatives of various State and local
governments in developing this rule. EPA has also consulted with
representatives from the National Association of Clean Air Agencies
(NACAA, representing state and local air pollution officials),
Association of Air Pollution Control Agencies (AAPCA, representing
state and local air pollution officials), and Northeast States for
Coordinated Air Use Management (NESCAUM, the Clean Air Association of
the Northeast States). In the spirit of Executive Order 13132, and
consistent with EPA policy to promote communications between EPA and
state and local governments, EPA specifically solicits comment on this
proposed action from state and local officials.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175. This proposed rule 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.

H. 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. This action is not subject to Executive Order
13045 because it does not concern an environmental health risk or
safety risk.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. This action proposes to consolidate
EPA's existing fuel quality regulations into a new part, consistent
with the CAA and authorities provided therein. There are no additional
costs for sources in the energy supply, distribution, or use sectors.
The proposed action would only be anticipated to improve fuel
fungibility and therefore enhance fuel supply and distribution but in
ways that are not readily quantifiable.

J. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51

    This proposed action involves technical standards. We are proposing
to update a number of regulations that already contain voluntary
consensus standards (VCS), practices, and specifications to more recent
versions of these standards. In accordance with the requirements of 1
CFR 51.5, we are proposing to incorporate by reference the use of test
methods and standards from American Institute of Certified Public
Accountants, American Society for Testing and Materials International

(ASTM International), National Institute of Standards and Technology
(NIST), and The Institute of Internal Auditors. A detailed discussion
of these test methods and standards can be found in Sections III.D.3,
VII.F, VIII.F, IX, and XIII.F. The standards and test methods may be
obtained through the American Institute of Certified Public Accountants
website (www.aicpa.org) or by calling<PHONE_NUMBER>, ASTM
International website (www.astm.org) or by calling ASTM at (610) 832-
9585, the National Institute of Standards and Technology website
(www.nist.gov) or by calling NIST at<PHONE_NUMBER>, and The Institute
of Internal Auditors website (www.theiia.org) or by calling (407) 937-
1111.
    This rulemaking involves environmental monitoring or measurement.
Consistent with EPA's Performance Based Measurement System (PBMS), for
those fuel parameters that fall under PBMS, such as sulfur, benzene,
Reid Vapor Pressure, and oxygenate content, we are proposing not to
require the use of specific, prescribed analytic methods. Rather, we
are proposing to allow the use of any method that meets the prescribed
performance criteria. The PBMS approach is intended to be more flexible
and cost-effective for the regulated community; it is also intended to
encourage innovation in analytical technology and improved data
quality. We are not precluding the use of any method, whether or not it
constitutes a voluntary consensus standard, so long as it meets the
performance criteria specified. We are also proposing the use of
specific standard practices or test methods for situations when PBMS
would not be applicable, such as gasoline detergency certification test
methods or references to gasoline specification ASTM D4814 or ethanol
specification ASTM D4806.
    ASTM International routinely updates many of its reference
documents. If ASTM International publishes an updated version of any of
reference documents included in this proposal, we will consider
referencing that updated version in the final rule.

 Table XV.J-1--Proposed Standards and Test Methods To Be Incorporated by
                                Reference
------------------------------------------------------------------------
   Organization and standard or test
                 method                            Description
------------------------------------------------------------------------
The Institute of Internal Auditors--     Document describes standard
 International Standards for the          practices for internal
 Professional Practice of Internal        auditors to perform auditing
 Auditing (Standards), Revised October    services.
 2016.
American Institute of Certified Public   Document describes standard
 Accountants--Statements on Standards     practices for external
 for Attestation Engagements (SSAE) No.   auditors to perform
 18, Attestation Standards:               attestation engagements using
 Clarification and Recodification,        agreed-upon procedures.
 Revised April 2016.
American Institute of Certified Public   Document describes principles
 Accountants--AICPA Code of               to establish a code of
 Professional Conduct, September 1,       professional conduct for
 2018.                                    external auditors.
American Institute of Certified Public   Document describes an external
 Accountants--Statements on Quality       auditor's CPA firm's
 Control Standards, July 1, 2019.         responsibilities for its
                                          system of quality control for
                                          its accounting and auditing
                                          practices.
NIST Handbook 158, 2016 Edition, Field   Document describes procedures
 Sampling Procedures for Fuel and Motor   for drawing fuel samples from
 Oil Quality Testing--A Handbook for      blender pumps and other in-
 Use by Fuel and Oil Quality Regulatory   field installations for
 Officials, April 2016.                   testing to measure fuel
                                          parameters.
ASTM D86-19, Standard Test Method for    Test method describes how to
 Distillation of Petroleum Products and   perform distillation
 Liquid Fuels at Atmospheric Pressure,    measurements for gasoline and
 approved December 1, 2019.               other petroleum products.
ASTM D287-12b (Reapproved 2019),         Test method describes how to
 Standard Test Method for API Gravity     measure the density of fuels
 of Crude Petroleum and Petroleum         and other petroleum products,
 Products (Hydrometer Method), approved   expressed in terms of API
 December 1, 2019.                        gravity.
ASTM D975-19c, Standard Specification    Specification describes the
 for Diesel Fuel, approved December 15,   characteristic values for
 2019.                                    several parameters to be
                                          considered suitable as diesel
                                          fuel.
ASTM D976-06 (Reapproved 2016),          Test method describes how to
 Standard Test Method for Calculated      calculate cetane index for a
 Cetane Index of Distillate Fuels,        sample of diesel fuel and
 approved April 1, 2016.                  other distillate fuels.
ASTM D1298-12b (Reapproved 2017),        Test method describes how to
 Standard Test Method for Density,        measure the density of fuels
 Relative Density, or API Gravity of      and other petroleum products,
 Crude Petroleum and Liquid Petroleum     which can be expressed in
 Products by Hydrometer Method,           terms of API gravity.
 approved July 15, 2017.
ASTM D1319-19, Standard Test Method for  Test method describes how to
 Hydrocarbon Types in Liquid Petroleum    measure the aromatic content
 Products by Fluorescent Indicator        and other hydrocarbon types in
 Adsorption, approved August 1, 2019.     diesel fuel and other
                                          petroleum products.
ASTM D2163-14 (Reapproved 2019),         Test method describes how to
 Standard Test Method for Determination   determine the content of
 of Hydrocarbons in Liquefied Petroleum   various types of hydrocarbons
 (LP) Gases and Propane/Propene           in light-end petroleum
 Mixtures by Gas Chromatography,          products, which is used for
 approved May 1, 2019.                    determining the purity of
                                          butane and propane.
ASTM D2622-16, Standard Test Method for  Test method describes how to
 Sulfur in Petroleum Products by          measure the sulfur content in
 Wavelength Dispersive X-ray              gasoline, diesel fuel, and
 Fluorescence Spectrometry, approved      other petroleum products.
 January 1, 2016.
ASTM D3120-08 (Reapproved 2019),         Test method describes how to
 Standard Test Method for Trace           measure the sulfur content in
 Quantities of Sulfur in Light Liquid     diesel fuel and other
 Petroleum Hydrocarbons by Oxidative      petroleum products.
 Microcoulometry, approved May 1, 2019.
ASTM D3231-18, Standard Test Method for  Test method describes how to
 Phosphorus in Gasoline, approved April   measure the phosphorus content
 1, 2018.                                 of gasoline.
ASTM D3237-17, Standard Test Method for  Test method describes how to
 Lead in Gasoline by Atomic Absorption    measure the lead content of
 Spectroscopy, approved June 1, 2017.     gasoline.
ASTM D3606-17, Standard Test Method for  Test method describes how to
 Determination of Benzene and Toluene     measure the benzene content of
 in Spark Ignition Fuels by Gas           gasoline and similar fuels.
 Chromatography, approved December 1,
 2017.
ASTM D4052-18a, Standard Test Method     Test method describes how to
 for Density, Relative Density, and API   measure the density of fuel
 Gravity of Liquids by Digital Density    samples, which can be
 Meter, approved December 15, 2018.       expressed in terms of API
                                          gravity.

ASTM D4057-19, Standard Practice for     Document establishes proper
 Manual Sampling of Petroleum and         procedures for drawing samples
 Petroleum Products, approved July 1,     of fuel and other petroleum
 2019.                                    products from storage tanks
                                          and other containers using
                                          manual procedures.
ASTM D4177-16e1 Standard Practice for    Document establishes proper
 Automatic Sampling of Petroleum and      procedures for using automated
 Petroleum Products, approved October     procedures to draw fuel
 1, 2016.                                 samples for testing.
ASTM D4737-10 (Reapproved 2016),         Test method describes how to
 Standard Test Method for Calculated      calculate cetane index for a
 Cetane Index by Four Variable            sample of diesel fuel and
 Equation, approved July 1, 2016.         other distillate fuels.
ASTM D4806-19a, Standard Specification   Specification describes the
 for Denatured Fuel Ethanol for           characteristic values for
 Blending with Gasolines for Use as       several parameters to be
 Automotive Spark-Ignition Engine Fuel,   considered suitable as
 approved September 15, 2019.             denatured fuel ethanol for
                                          blending with gasoline.
ASTM D4814-20, Standard Specification    Specification describes the
 for Automotive Spark-Ignition Engine     characteristic values for
 Fuel, approved February 1, 2020.         several parameters to be
                                          considered suitable as
                                          gasoline.
ASTM D5134-13 (Reapproved 2017),         Test method describes how to
 Standard Test Method for Detailed        measure benzene in butane,
 Analysis of Petroleum Naphthas through   pentane, and other light-end
 n-Nonane by Capillary Gas                petroleum compounds.
 Chromatography, approved October 1,
 2017.
ASTM D5186-19, Standard Test Method for  Test method describes how to
 Determination of the Aromatic Content    determine the aromatic content
 and Polynuclear Aromatic Content of      in diesel fuel.
 Diesel Fuels By Supercritical Fluid
 Chromatography, approved June 1, 2019.
ASTM D5191-19, Standard Test Method for  Test method describes how to
 Vapor Pressure of Petroleum Products     determine the vapor pressure
 (Mini Method), approved January 1,       of gasoline and other
 2019.                                    petroleum products.
ASTM D5453-19a, Standard Test Method     Test method describes how to
 for Determination of Total Sulfur in     measure the sulfur content of
 Light Hydrocarbons, Spark Ignition       neat ethanol and other
 Engine Fuel, Diesel Engine Fuel, and     petroleum products.
 Engine Oil by Ultraviolet
 Fluorescence, approved July 1, 2019.
ASTM D5500-19 Standard Test Method for   Test method describes a vehicle
 Vehicle Evaluation of Unleaded           test procedure to evaluate
 Automotive Spark-Ignition Engine Fuel    intake valve deposit formation
 for Intake Deposit Formation, approved   of gasoline.
 November 1, 2019.
ASTM D5599-18, Standard Test Method for  Test method describes how to
 Determination of Oxygenates in           measure the oxygenate content
 Gasoline by Gas Chromatography and       of gasoline.
 Oxygen Selective Flame Ionization
 Detection, approved June 1, 2018.
ASTM D5769-15, Standard Test Method for  Test method describes how to
 Determination of Benzene, Toluene, and   determine the benzene content
 Total Aromatics in Finished Gasolines    and other types of
 by Gas Chromatography/Mass               hydrocarbons in gasoline.
 Spectrometry, approved December 1,
 2015.
ASTM D5842-19, Standard Practice for     Document establishes proper
 Sampling and Handling of Fuels for       procedures for drawing samples
 Volatility Measurement, approved         of gasoline and other fuels
 November 1, 2019.                        from storage tanks and other
                                          containers using manual
                                          procedures to prepare samples
                                          for measuring vapor pressure.
ASTM D5854-19a, Standard Practice for    Document establishes proper
 Mixing and Handling of Liquid Samples    procedures for handling,
 of Petroleum and Petroleum Products,     mixing, and conditioning
 approved May 1, 2019.                    procedures to prepare
                                          representative composite
                                          samples.
ASTM D6201-19a, Standard Test Method     Test method describes an engine
 for Dynamometer Evaluation of Unleaded   test procedure to evaluate
 Spark-Ignition Engine Fuel for Intake    intake valve deposit formation
 Valve Deposit Formation, approved        of gasoline.
 December 1, 2019.
ASTM D6259-15 (Reapproved 2019),         Document establishes procedures
 Standard Practice for Determination of   to determine how to evaluate
 a Pooled Limit of Quantitation for a     parameter measurements at very
 Test Method, approved May 1, 2019.       low levels, including a
                                          laboratory limit of
                                          quantitation that applies for
                                          a given facility.
ASTM D6299-19, Standard Practice for     Document establishes procedures
 Applying Statistical Quality Assurance   to evaluate measurement system
 and Control Charting Techniques to       performance relative to
 Evaluate Analytical Measurement System   statistical criteria for
 Performance, approved November 1, 2019.  ensuring reliable
                                          measurements.
ASTM D6550-15, Standard Test Method for  Test method describes how to
 Determination of Olefin Content of       determine the olefin content
 Gasolines by Supercritical-Fluid         of gasoline.
 Chromatography, approved December 1,
 2015.
ASTM D6667-14 (Reapproved 2019),         Test method describes how to
 Standard Test Method for Determination   determine the sulfur content
 of Total Volatile Sulfur in Gaseous      of butane, liquefied petroleum
 Hydrocarbons and Liquefied Petroleum     gases, and other gaseous
 Gases by Ultraviolet Fluorescence,       hydrocarbons.
 approved May 1, 2019.
ASTM D6708-19a, Standard Practice for    Document establishes
 Statistical Assessment and Improvement   statistical criteria to
 of Expected Agreement Between Two Test   evaluate whether an
 Methods that Purport to Measure the      alternative test method
 Same Property of a Material, approved    provides results that are
 November 1, 2019.                        consistent with a reference
                                          procedure.
ASTM D6792-17, Standard Practice for     Document establishes principles
 Quality Management Systems in            for ensuring quality for
 Petroleum Products, Liquid Fuels, and    laboratories involved in
 Lubricants Testing Laboratories,         parameter measurements for
 approved May 1, 2017.                    fuels and other petroleum
                                          products.
ASTM D7039-15a, Standard Test Method     Test method describes how to
 for Sulfur in Gasoline, Diesel Fuel,     measure sulfur in gasoline and
 Jet Fuel, Kerosine, Biodiesel,           other petroleum products.
 Biodiesel Blends, and Gasoline-Ethanol
 Blends by Monochromatic Wavelength
 Dispersive X-ray Fluorescence
 Spectrometry, approved July 1, 2015.
ASTM D7717-11 (Reapproved 2017),         Document establishes procedures
 Standard Practice for Preparing          for blending denatured fuel
 Volumetric Blends of Denatured Fuel      ethanol with gasoline to
 Ethanol and Gasoline Blendstocks for     prepare a sample for testing.
 Laboratory Analysis, approved May 1,
 2017.
------------------------------------------------------------------------

K. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    EPA believes that this action does not have disproportionately high
and adverse human health or environmental effects on minority
populations, low income populations, and/or indigenous peoples, as
specified in Executive Order 12898 (59 FR 7629, February 16, 1994).
This proposed rule does not affect the level of protection provided to
human health or the environment by applicable air quality standards.
This action does not relax the control measures on sources regulated by
EPA's fuel quality regulations and therefore will not cause emissions
increases from these sources.

XVI. Statutory Authority

    Statutory authority for this action comes from sections 202, 203-
209, 211, 213, 216, and 301 of the Clean Air Act, 42 U.S.C. 7414, 7521,
7522-7525, 7541, 7542, 7543, 7545, 7547, 7550, and 7601. Additional
support for the procedural and compliance related aspects of this
proposed rule comes from sections 114, 208, and 301(a) of the Clean Air
Act, 42 U.S.C. 7414, 7521, 7542, and 7601(a).

List of Subjects

40 CFR Part 79

    Fuel additives, Gasoline, Motor vehicle pollution, Penalties,
Reporting and recordkeeping requirements.

40 CFR Part 80

    Environmental protection, Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports,
Oil imports, Petroleum, Renewable fuel.

40 CFR Part 86

    Administrative practice and procedure, Confidential business
information, Labeling, Motor vehicle pollution, Reporting and
recordkeeping requirements.

40 CFR Part 1037

    Administrative practice and procedure, Air pollution control,
Confidential business information, Environmental protection, Labeling,
Motor vehicle pollution, Reporting and recordkeeping requirements,
Warranties.

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.

Andrew Wheeler,
Administrator.

    For the reasons set forth in the preamble, EPA proposes to amend 40
CFR parts 79, 80, 86, 1037, and 1090 as follows:

PART 79--REGISTRATION OF FUEL AND FUEL ADDITIVES

0
1. The authority citation for part 79 continues to read as follows:

    Authority: 42 U.S.C. 7414, 7524, 7545, and 7601.

Subpart A--General Provisions

0
2. Amend Sec.  79.5 by revising paragraph (a)(1) to read as follows:

Sec.  79.5  Periodic reporting requirements.

    (a) * * * (1) For each calendar year (January 1 through December
31) commencing after the date prescribed for any fuel in subpart D of
this part, fuel manufacturers must submit to the Administrator a report
for each registered fuel showing the range of concentration of each
additive reported under Sec.  79.11(a) and the volume of such fuel
produced in the year. Reports must be submitted by March 31 for the
preceding year, or part thereof, on forms supplied by the
Administrator. If the date prescribed for a particular additive in
subpart D of this part, or the later registration of an additive is
between October 1 and December 31, no report will be required for the
period to the end of that year.
* * * * *

Subpart C--Additive Registration Procedures

0
3. Amend Sec.  79.21 by:
0
a. Revising paragraphs (f) and (g); and
0
b. Adding paragraph (j).
    The revisions and addition read as follows:

Sec.  79.21  Information and assurances to be provided by the additive
manufacturer.

* * * * *
    (f) Assurances that any change in information submitted pursuant
to:
    (1) Paragraphs (a), (b), (c), (d), and (j) of this section will be
provided to the Administrator in writing within 30 days of such change;
and
    (2) Paragraph (e) of this section as provided in Sec.  79.5(b).
    (g)(1) Assurances that the additive manufacturer will not
represent, directly or indirectly, in any notice, circular, letter, or
other written communication or any written, oral, or pictorial notice
or other announcement in any publication or by radio or television,
that registration of the additive constitutes endorsement,
certification, or approval by any agency of the United States, except
as specified in paragraph (g)(2) of this section.
    (2) In the case of an additive that has its purpose-in-use
identified as a deposit control additive for use in gasoline pursuant
to the requirements of paragraph (d) of this section, the additive
manufacturer may publicly represent that the additive meets the EPA's
gasoline deposit control requirements, provided that the additive
manufacturer is in compliance with the requirements of 40 CFR 1090.240.
* * * * *
    (j) If the purpose-in-use of the additive identified pursuant to
the requirements of paragraph (d) of this section is a deposit control
additive for use in gasoline, the manufacturer must submit the
following in addition to the other information specified in this
section:
    (1) The lowest additive concentration (LAC) that is compliant with
the gasoline deposit control requirements of 40 CFR 1090.240.
    (2) The deposit control test method in 40 CFR 1090.1395 that the
additive is compliant with.
    (3) A complete listing of the additive's components and the weight
or volume percent (as applicable) of each component.
    (i) When possible, standard chemical nomenclature must be used or
the chemical structure of the component must be given. Polymeric
components may be reported as the product of other chemical reactants,
provided that the supporting data specified in paragraph (j)(3) of this
section is also reported.
    (ii) Each detergent-active component of the package must be
classified into one of the following designations:
    (A) Polyalkyl amine.
    (B) Polyether amine.
    (C) Polyalkylsuccinimide.
    (D) Polyalkylaminophenol.
    (E) Detergent-active petroleum-based carrier oil.
    (F) Detergent-active synthetic carrier oil.
    (G) Other detergent-active component (identify category, if
feasible).
    (iii) Composition variability. (A) The composition of a detergent
additive reported in a single additive registration (and the detergent
additive product sold under a single additive registration) may not
include the following:
    (1) Detergent-active components that differ in identity from those
contained in the detergent additive package at the time of deposit
control testing.

    (2) A range of concentrations for any detergent-active component
such that, if the component were present in the detergent additive
package at the lower bound of the reported range, the deposit control
effectiveness of the additive package would be reduced as compared with
the level of effectiveness demonstrated pursuant to the requirements of
40 CFR 1090.240. Subject to the foregoing constraint, a gasoline
detergent additive sold under a particular additive registration may
contain a higher concentration of the detergent-active component(s)
than the concentration(s) of such component(s) reported in the
registration for the additive.
    (B) The identity or concentration of non-detergent-active
components of the detergent additive package may vary under a single
registration provided that such variability does not reduce the deposit
control effectiveness of the additive package as compared with the
level of effectiveness demonstrated pursuant to the requirements of 40
CFR 1090.240.
    (C) Unless the additive manufacturer provides EPA with data to
substantiate that a carrier oil does not act to enhance the detergent
additive's ability to control deposits, any carrier oil contained in
the detergent additive, whether petroleum-based or synthetic, must be
treated as a detergent-active component in accordance with the
requirements in paragraph (j)(3)(ii) of this section.
    (D) Except as provided in paragraph (j)(3)(iii)(E) of this section,
detergent additive packages that do not satisfy the requirements in
paragraphs (j)(3)(iii)(A) through (C) must be separately registered.
EPA may disqualify an additive for use in satisfying the requirements
of this subpart if EPA determines that the variability included within
a given detergent additive registration may reduce the deposit control
effectiveness of the detergent package such that it may invalidate the
lowest additive concentration reported in accordance with the
requirements of paragraph (j)(1) of this section and 40 CFR 1090.240.
    (E) A change in minimum concentration requirements resulting from a
modification of detergent additive composition does not require a new
detergent additive registration or a change in existing registration if
the modification is affected by a detergent blender pursuant to the
requirements of 40 CFR 1090.1240.
    (4) For detergent-active polymers and detergent-active carrier oils
that are reported as the product of other chemical reactants:
    (i) Identification of the reactant materials and the manufacturer's
acceptance criteria for determining that these materials are suitable
for use in synthesizing detergent components. The manufacturer must
maintain documentation, and submit it to EPA upon request,
demonstrating that the acceptance criteria reported to EPA are the same
criteria which the manufacturer specifies to the suppliers of the
reactant materials.
    (ii) A Gel Permeation Chromatograph (GPC), providing the molecular
weight distribution of the polymer or detergent-active carrier oil
components and the concentration of each chromatographic peak
representing more than one percent of the total mass. For these results
to be acceptable, the GPC test procedure must include equipment
calibration with a polystyrene standard or other readily attainable and
generally accepted calibration standard. The identity of the
calibration standard must be provided, together with the GPC
characterization of the standard.
    (5) For non-detergent-active carrier oils, the following
parameters:
    (i) T10, T50, and T90 distillation points, and end boiling point,
measured according to applicable test procedures cited in 40 CFR
1090.1350.
    (ii) API gravity and viscosity.
    (iii) Concentration of oxygen, sulfur, and nitrogen, if greater
than or equal to 0.5 percent (by weight) of the carrier oil.
    (6) Description of an FTIR-based method appropriate for identifying
the detergent additive package and its detergent-active components
(polymers, carrier oils, and others) both qualitatively and
quantitatively, together with the actual infrared spectra of the
detergent additive package and each detergent-active component obtained
by this test method. The FTIR infrared spectra submitted in connection
with the registration of a detergent additive package must reflect the
results of a test conducted on a sample of the additive containing the
detergent-active component(s) at a concentration no lower than the
concentration(s) (or the lower bound of a range of concentration)
reported in the registration pursuant to paragraph (j)(1) of this
section.
    (7) Specific physical parameters must be identified which the
manufacturer considers adequate and appropriate, in combination with
other information in this section, for identifying the detergent
additive package and monitoring its production quality control.
    (i) Such parameters must include (but need not be limited to)
viscosity, density, and basic nitrogen content, unless the additive
manufacturer specifically requests, and EPA approves, the substitution
of other parameter(s) which the manufacturer considers to be more
appropriate for a particular additive package. The request must be made
in writing and must include an explanation of how the requested
physical parameter(s) are helpful as indicator(s) of detergent
production quality control. EPA will respond to such requests in
writing; the additional parameters are not approved until the
manufacturer receives EPA's written approval.
    (ii) The manufacturer must identify a standardized measurement
method, consistent with the chemical and physical nature of the
detergent product, which will be used to measure each parameter. The
documented ASTM repeatability for the method must also be cited. The
manufacturer's target value for each parameter in the additive, and the
expected range of production values for each parameter, must be
specified.
    (iii) The expected range of variability must differ from the target
value by an amount no greater than five times the standard
repeatability of the test procedure, or by no more than 10 percent of
the target value, whichever is less. However, in the case of nitrogen
analysis or other procedures for measuring concentrations of specific
chemical compounds or elements, when the target value is less than 10
parts per million, a range of variability up to 50 percent of the
target value will be considered acceptable.
    (iv) If a manufacturer wishes to rely on measurement methods or
production variability ranges which do not conform to the above
limitations, then the manufacturer must receive prior written approval
from EPA. A request for such allowance must be made in writing. It must
fully justify the adequacy of the test procedure, explain why a broader
range of variability is required, and provide evidence that the
production detergent will perform adequately throughout the requested
range of variability pursuant to the requirements of 40 CFR 1090.1395.
0
4. Revise Sec.  79.24 to read as follows:

Sec.  79.24  Termination of registration of additives.

    (a) Registration may be terminated by the Administrator if the
additive manufacturer requests such termination in writing.
    (b) Registration for an additive for an additive that has its
purpose-in-use identified as a deposit control additive for use in
gasoline pursuant to the requirements of Sec.  79.21(d) may be

terminated by the Administrator if the EPA determines that the
detergent additive is not compliant with the gasoline deposit control
requirements of 40 CFR 1090.240.

Subpart C--Additive Registration Procedures

0
5. Amend Sec.  79.32 by revising paragraph (c) to read as follows:

Sec.  79.32  Motor vehicle gasoline.

* * * * *
    (c) Fuel manufacturers must submit the reports specified in 40 CFR
part 1090, subpart J.
* * * * *
0
6. Amend Sec.  79.33 by revising paragraph (c) to read as follows:

Sec.  79.3  3 Motor vehicle diesel.

* * * * *
    (c) Fuel manufacturers must submit the reports specified in 40 CFR
part 1090, subpart J.
* * * * *

PART 80--REGISTRATION OF FUELS AND FUEL ADDITIVES

0
7. The authority citation for part 80 continues to read as follows:

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

Subpart A--General Provisions

0
8. Revise Sec.  80.1 to read as follows:

Sec.  80.1  Scope.

    (a) This part prescribes regulations for the renewable fuel program
under the Clean Air Act section 211(o) (42 U.S.C. 7545(o)).
    (b) This part also prescribes regulations for the labeling of fuel
dispensing systems for oxygenated gasoline at retail under the Clean
Air Act section 211(m)(4) (42 U.S.C. 7545(m)(4)).
    (c) Nothing in this part is intended to preempt the ability of
state or local governments to control or prohibit any fuel or fuel
additive for use in motor vehicles and motor vehicle engines which is
not explicitly regulated by this part.
0
9. Revise Sec.  80.2 to read as follows:

Sec.  80.2  Definitions.

    Definitions apply in this part as described in this section.
    Administrator means the Administrator of the Environmental
Protection Agency.
    Carrier means any distributor who transports or stores or causes
the transportation or storage of gasoline or diesel fuel without taking
title to or otherwise having any ownership of the gasoline or diesel
fuel, and without altering either the quality or quantity of the
gasoline or diesel fuel.
    Category 3 marine vessels, for the purposes of this part 80, are
vessels that are propelled by engines meeting the definition of
``Category 3'' in 40 CFR 1042.901.
    CBOB means gasoline blendstock that could become conventional
gasoline solely upon the addition of oxygenate.
    Control area means a geographic area in which only oxygenated
gasoline under the oxygenated gasoline program may be sold or
dispensed, with boundaries determined by Clean Air Act section 211(m).
    Control period means the period during which oxygenated gasoline
must be sold or dispensed in any control area, pursuant to Clean Air
Act section 211(m)(2).
    Conventional gasoline or CG means any gasoline that has been
certified under Sec.  1090.1100(b) and is not RFG.
    Diesel fuel means any fuel sold in any State or Territory of the
United States and suitable for use in diesel engines, and that is one
of the following:
    (1) A distillate fuel commonly or commercially known or sold as No.
1 diesel fuel or No. 2 diesel fuel;
    (2) A non-distillate fuel other than residual fuel with comparable
physical and chemical properties (e.g., biodiesel fuel); or
    (3) A mixture of fuels meeting the criteria of paragraphs (1) and
(2) of this definition.
    Distillate fuel means diesel fuel and other petroleum fuels that
can be used in engines that are designed for diesel fuel. For example,
jet fuel, heating oil, kerosene, No. 4 fuel, DMX, DMA, DMB, and DMC are
distillate fuels; and natural gas, LPG, gasoline, and residual fuel are
not distillate fuels. Blends containing residual fuel may be distillate
fuels.
    Distributor means any person who transports or stores or causes the
transportation or storage of gasoline or diesel fuel at any point
between any gasoline or diesel fuel refinery or importer's facility and
any retail outlet or wholesale purchaser-consumer's facility.
    ECA marine fuel is diesel, distillate, or residual fuel that meets
the criteria of paragraph (1) of this definition, but not the criteria
of paragraph (2) of this definition.
    (1) All diesel, distillate, or residual fuel used, intended for
use, or made available for use in Category 3 marine vessels while the
vessels are operating within an Emission Control Area (ECA), or an ECA
associated area, is ECA marine fuel, unless it meets the criteria of
paragraph (ttt)(2) of this section.
    (2) ECA marine fuel does not include any of the following fuel:
    (i) Fuel used by exempted or excluded vessels (such as exempted
steamships), or fuel used by vessels allowed by the U.S. government
pursuant to MARPOL Annex VI Regulation 3 or Regulation 4 to exceed the
fuel sulfur limits while operating in an ECA or an ECA associated area
(see 33 U.S.C. 1903).
    (ii) Fuel that conforms fully to the requirements of this part for
MVNRLM diesel fuel (including being designated as MVNRLM).
    (iii) Fuel used, or made available for use, in any diesel engines
not installed on a Category 3 marine vessel.
    Gasoline means any fuel sold in any State \1\ for use in motor
vehicles and motor vehicle engines, and commonly or commercially known
or sold as gasoline.
---------------------------------------------------------------------------

    \1\ State means a State, the District of Columbia, the
Commonwealth of Puerto Rico, the Virgin Islands, Guam, American
Samoa and the Commonwealth of the Northern Mariana Islands.
---------------------------------------------------------------------------

    Gasoline blendstock or component means any liquid compound that is
blended with other liquid compounds to produce gasoline.
    Gasoline blendstock for oxygenate blending or BOB has the meaning
given in 40 CFR 1090.80.
    Gasoline treated as blendstock or GTAB means imported gasoline that
is excluded from an import facility's compliance calculations, but is
treated as blendstock in a related refinery that includes the GTAB in
its refinery compliance calculations.
    Heating oil means any No. 1, No. 2, or non-petroleum diesel blend
that is sold for use in furnaces, boilers, and similar applications and
which is commonly or commercially known or sold as heating oil, fuel
oil, and similar trade names, and that is not jet fuel, kerosene, or
MVNRLM diesel fuel.
    Importer means a person who imports gasoline, gasoline blendstocks
or components, or diesel fuel from a foreign country into the United
States (including the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Northern Mariana Islands).
    Jet fuel means any distillate fuel used, intended for use, or made
available for use in aircraft.
    Kerosene means any No. 1 distillate fuel commonly or commercially
sold as kerosene.
    Liquefied petroleum gas or LPG means a liquid hydrocarbon fuel that
is stored under pressure and is composed primarily of species that are
gases at atmospheric conditions (temperature = 25 [deg]C and pressure =
1 atm), excluding natural gas.

    Locomotive engine means an engine used in a locomotive as defined
under 40 CFR 92.2.
    Marine engine has the meaning given under 40 CFR 1042.901.
    MVNRLM diesel fuel means any diesel fuel or other distillate fuel
that is used, intended for use, or made available for use in motor
vehicles or motor vehicle engines, or as a fuel in any nonroad diesel
engines, including locomotive and marine diesel engines, except the
following: Distillate fuel with a T90 at or above 700 [deg]F that is
used only in Category 2 and 3 marine engines is not MVNRLM diesel fuel,
and ECA marine fuel is not MVNRLM diesel fuel (note that fuel that
conforms to the requirements of MVNRLM diesel fuel is excluded from the
definition of ``ECA marine fuel'' in this section without regard to its
actual use). Use the distillation test method specified in 40 CFR
1065.1010 to determine the T90 of the fuel.
    (1) Any diesel fuel that is sold for use in stationary engines that
are required to meet the requirements of 40 CFR 1090.300, when such
provisions are applicable to nonroad engines, is considered MVNRLM
diesel fuel.
    (2) [Reserved]
    Natural gas means a fuel whose primary constituent is methane.
    Non-petroleum diesel means a diesel fuel that contains at least 80
percent mono-alkyl esters of long chain fatty acids derived from
vegetable oils or animal fats.
    Nonroad diesel engine means an engine that is designed to operate
with diesel fuel that meets the definition of nonroad engine in 40 CFR
1068.30, including locomotive and marine diesel engines.
    Oxygenate means any substance which, when added to gasoline,
increases the oxygen content of that gasoline. Lawful use of any of the
substances or any combination of these substances requires that they be
``substantially similar'' under section 211(f)(1) of the Clean Air Act,
or be permitted under a waiver granted by the Administrator under the
authority of section 211(f)(4) of the Clean Air Act.
    Oxygenated gasoline means gasoline which contains a measurable
amount of oxygenate.
    Refiner means any person who owns, leases, operates, controls, or
supervises a refinery.
    Refinery means any facility, including but not limited to, a plant,
tanker truck, or vessel where gasoline or diesel fuel is produced,
including any facility at which blendstocks are combined to produce
gasoline or diesel fuel, or at which blendstock is added to gasoline or
diesel fuel.
    Reformulated gasoline or RFG means any gasoline whose formulation
has been certified under Sec.  1090.1100(b), and which meets each of
the standards and requirements prescribed under Sec.  1090.245.
    Reformulated gasoline blendstock for oxygenate blending, or RBOB
means a petroleum product that, when blended with a specified type and
percentage of oxygenate, meets the definition of reformulated gasoline,
and to which the specified type and percentage of oxygenate is added
other than by the refiner or importer of the RBOB at the refinery or
import facility where the RBOB is produced or imported.
    Residual fuel means a petroleum fuel that can only be used in
diesel engines if it is preheated before injection. For example, No. 5
fuels, No. 6 fuels, and RM grade marine fuels are residual fuels. Note:
Residual fuels do not necessarily require heating for storage or
pumping.
    Retail outlet means any establishment at which gasoline, diesel
fuel, natural gas or liquefied petroleum gas is sold or offered for
sale for use in motor vehicles or nonroad engines, including locomotive
or marine engines.
    Retailer means any person who owns, leases, operates, controls, or
supervises a retail outlet.
    Wholesale purchaser-consumer means any person that is an ultimate
consumer of gasoline, diesel fuel, natural gas, or liquefied petroleum
gas and which purchases or obtains gasoline, diesel fuel, natural gas
or liquefied petroleum gas from a supplier for use in motor vehicles or
nonroad engines, including locomotive or marine engines and, in the
case of gasoline, diesel fuel, or liquefied petroleum gas, receives
delivery of that product into a storage tank of at least 550-gallon
capacity substantially under the control of that person.

Sec.  80.3  [Removed and reserved]

0
10. Remove and reserve Sec.  80.3.

Sec.  80.7  [Amended]

0
11. In Sec.  80.7 amend paragraph (c), by removing ``Sec.  80.22'' in
second sentence and adding ``40 CFR 1090.1550'' in its place.

Subparts B, D, E, F, G, H, I, J, K, L, N, and O and Appendices A
and B to Part 80 [Removed and reserved]

0
12. Remove and reserve subparts B, D, E, F, G, H, I, J, K, L, N, and O
and appendices A and B to Part 80.

Subpart M--Renewable Fuel Standard

0
13. Amend Sec.  80.1401 by:
0
a. Revising paragraph (2) in the definition of ``Fuel for use in an
ocean-going vessel'';
0
b. Revising paragraph (1) in the definition of ``Heating oil''; and
0
c. Revising the definitions of ``Renewable gasoline'' and ``Renewable
gasoline blendstock''.
    The revisions read as follows:

Sec.  80.1401   Definitions.

* * * * *
    Fuel for use in an ocean-going vessel * * *
    (2) Emission Control Area (ECA) marine fuel, pursuant to Sec.  80.2
and 40 CFR 1090.80 (whether burned in ocean waters, Great Lakes, or
other internal waters); and
* * * * *
    Heating oil * * *
    (1) A fuel meeting the definition of heating oil set forth in Sec.
80.2; or
* * * * *
    Renewable gasoline means renewable fuel made from renewable biomass
that is composed of only hydrocarbons and which meets the definition of
gasoline in Sec.  80.2.
    Renewable gasoline blendstock means a blendstock made from
renewable biomass that is composed of only hydrocarbons and which meets
the definition of gasoline blendstock in Sec.  80.2.
* * * * *
0
14. Amend Sec.  80.1407 by revising paragraph (f)(7) to read as
follows:

Sec.  80.1407  How are the Renewable Volume Obligations calculated?

* * * * *
    (f) * * *
    (7) Transmix gasoline product (as defined in 40 CFR 1090.80) and
transmix distillate product (as defined in 40 CFR 1090.80) produced by
a transmix processor, and transmix blended into gasoline or diesel fuel
by a transmix blender under 40 CFR 1090.505.
* * * * *
0
15. Amend Sec.  80.1416 by revising paragraph (b)(1)(i) to read as
follows:

Sec.  80.1416   Petition process for evaluation of new renewable fuels
pathways.

* * * * *
    (b) * * *
    (1) * * *
    (i) The information specified under 40 CFR 1090.805.
* * * * *
0
16. Amend Sec.  80.1427 by revising paragraph (a)(2) introductory text
and removing and reserving paragraph (a)(4) to read as follows:

Sec.  80.1427   How are RINs used to demonstrate compliance?

    (a) * * *
    (2) RINs that are valid for use in complying with each Renewable
Volume Obligation are determined by their D codes.
* * * * *
0
17. Amend Sec.  80.1429 by:
0
a. Revising paragraph (b)(9) introductory text; and
0
b. Removing paragraphs (f) and (g).
    The revision reads as follows:

Sec.  80.1429   Requirements for separating RINs from volumes of
renewable fuel.

* * * * *
    (b) * * *
    (9) Except as provided in paragraphs (b)(2) through (b)(5) and
(b)(8) of this section, parties whose non-export renewable volume
obligations are solely related to either the importation of products
listed in Sec.  80.1407(c) or Sec.  80.1407(e) or to the addition of
blendstocks into a volume of finished gasoline, finished diesel fuel,
or BOB, can only separate RINs from volumes of renewable fuel if the
number of gallon-RINs separated in a calendar year is less than or
equal to a limit set as follows:
* * * * *

Sec.  80.1441  [Amended]

0
18. Amend Sec.  80.1441 by removing paragraph (a)(6).

Sec.  80.1442  [Amended]

0
19. Amend Sec.  80.1442 by removing paragraphs (a)(3) and (b)(6).
0
20. Amend Sec.  80.1450 by:
0
a. Revising the first sentence in paragraph (a);
0
b. Revising the first sentence in paragraph (b) introductory text;
0
c. Revising the first sentence in paragraph (c);
0
d. Revising the last sentence in paragraph (d)(3)(iii);
0
e. Revising the first sentence in paragraph (e); and
0
f. Revising paragraph (g)(1).
    The revisions read as follows:

Sec.  80.1450   What are the registration requirements under the RFS
program?

    (a) * * * Any obligated party described in Sec.  80.1406, and any
exporter of renewable fuel described in Sec.  80.1430, must provide EPA
with the information specified for registration under 40 CFR 1090.805,
if such information has not already been provided under the provisions
of this part. * * *
    (b) * * * Any RIN-generating foreign or domestic producer of
renewable fuel, any foreign renewable fuel producer that sells
renewable fuel for RIN generation by a United States importer, or any
foreign ethanol producer that produces ethanol used in renewable fuel
for which RINs are generated by a United States importer, must provide
EPA the information specified under 40 CFR 1090.805 if such information
has not already been provided under the provisions of this part, and
must receive EPA-issued company and facility identification numbers
prior to the generation of any RINs for their fuel or for fuel made
with their ethanol. * * *
* * * * *
    (c) * * * Importers of renewable fuel must provide EPA the
information specified under 40 CFR 1090.805, if such information has
not already been provided under the provisions of this part and must
receive an EPA-issued company identification number prior to generating
or owning RINs. * * *
    (d) * * *
    (3) * * *
    (iii) * * * The representative sample must be selected in
accordance with the sample size guidelines set forth at 40 CFR
1090.1805.
    (e) Any party who owns RINs, intends to own RINs, or intends to
allow another party to separate RINs as per Sec.  80.1440, but who is
not covered by paragraph (a), (b), or (c) of this section, must provide
EPA the information specified under 40 CFR 1090.805, if such
information has not already been provided under the provisions of this
part and must receive an EPA-issued company identification number prior
to owning any RINs. * * *
* * * * *
    (g) * * *
    (1) The information specified under 40 CFR 1090.805, if such
information has not already been provided under the provisions of this
part.
* * * * *
0
21. Amend Sec.  80.1454 by revising paragraph (h)(2)(i) to read as
follows:

Sec.  80.1454   What are the recordkeeping requirements under the RFS
program?

* * * * *
    (h) * * *
    (2) * * *
    (i) Planned and conducted by an independent surveyor that meets the
requirements in 40 CFR 1090.55.
* * * * *
0
22. Amend Sec.  80.1464 by:
0
a. Revising the first sentence of the introductory text;
0
b. Revising the first sentence in paragraph (a)(1)(iii); and
0
c. Revising paragraphs (a)(1)(iv)(D), (a)(2)(i), (b)(1)(iv),
(b)(1)(v)(A), (b)(2)(i), and (c)(1)(i).
    The revisions read as follows:

Sec.  80.1464   What are the attest engagement requirements under the
RFS program?

    The requirements regarding annual attest engagements in 40 CFR
1090.1800 also apply to any attest engagement procedures required under
this subpart M. * * *
    (a) * * *
    (1) * * *
    (iii) For obligated parties, compare the volumes of products listed
in Sec.  80.1407(c) and (e) reported to EPA in the report required
under Sec.  80.1451(a)(1) with the volumes, excluding any renewable
fuel volumes, contained in the inventory reconciliation analysis under
40 CFR 1090.1810(b) and the volume of non-renewable diesel produced or
imported. * * *
    (iv) * * *
    (D) Select sample batches in accordance with the guidelines in 40
CFR 1090.1805 from each separate category of renewable fuel exported
and identified in Sec.  80.1451(a); obtain invoices, bills of lading
and other documentation for the representative samples; state whether
any of these documents refer to the exported fuel as advanced biofuel
or cellulosic biofuel; and report as a finding whether or not the
exporter calculated an advanced biofuel or cellulosic biofuel RVO for
these fuels pursuant to Sec.  80.1430(b)(1) or Sec.  80.1430(b)(3).
* * * * *
    (2) * * *
    (i) Obtain and read copies of a representative sample, selected in
accordance with the guidelines in 40 CFR 1090.1805, of each RIN
transaction type (RINs purchased, RINs sold, RINs retired, RINs
separated, RINs reinstated) included in the RIN transaction reports
required under Sec.  80.1451(a)(2) for the compliance year.
* * * * *
    (b) * * *
    (1) * * *
    (iv) Obtain product transfer documents for a representative sample,
selected in accordance with the guidelines in 40 CFR 1090.1805, of
renewable fuel batches produced or imported during the year being
reviewed; verify that the product transfer documents contain the
applicable information required under Sec.  80.1453; verify the
accuracy of the information contained in the product transfer
documents; report as a finding any product transfer document that does
not contain the applicable information required under Sec.  80.1453.
    (v)(A) Obtain documentation, as required under Sec.  80.1451(b),
(d), and (e) associated with feedstock purchases for a representative
sample, selected in

accordance with the guidelines in 40 CFR 1090.1805, of renewable fuel
batches produced or imported during the year being reviewed.
* * * * *
    (2) * * *
    (i) Obtain and read copies of a representative sample, selected in
accordance with the guidelines in 40 CFR 1090.1805, of each transaction
type (RINs purchased, RINs sold, RINs retired, RINs separated, RINs
reinstated) included in the RIN transaction reports required under
Sec.  80.1451(b)(2) for the compliance year.
* * * * *
    (c) * * *
    (1) * * *
    (i) Obtain and read copies of a representative sample, selected in
accordance with the guidelines in 40 CFR 1090.1805, of each RIN
transaction type (RINs purchased, RINs sold, RINs retired, RINs
separated, RINs reinstated) included in the RIN transaction reports
required under Sec.  80.1451(c)(1) for the compliance year.
* * * * *

Sec.  80.1465   [Removed and reserved]

0
23. Remove and reserve Sec.  80.1465.
0
24. Amend Sec.  80.1466 by:
0
a. Revising paragraph (d)(3)(ii), paragraph (m)(3) introductory text,
and paragraph (m)(4) introductory text;
0
b. Revising the second sentence in paragraph (m)(5); and
0
c. Revising paragraphs (m)(6)(ii) and (iii).
    The revisions reads as follows:

Sec.  80.1466   What are the additional requirements under this subpart
for RIN-generating foreign producers and importers of renewable fuels
for which RINs have been generated by the foreign producer?

* * * * *
    (d) * * *
    (3) * * *
    (ii) Be independent under the criteria specified in 40 CFR 1090.55;
and
* * * * *
    (m) * * *
    (3) Select a sample from the list of vessels identified in
paragraph (m)(2) of this section used to transport RFS-FRRF, in
accordance with the guidelines in 40 CFR 1090.1805, and for each vessel
selected perform all the following:
* * * * *
    (4) Select a sample from the list of vessels identified in
paragraph (m)(2) of this section used to transport RFS-FRRF, in
accordance with the guidelines in 40 CFR 1090.1805, and for each vessel
selected perform the following:
* * * * *
    (5) * * * Select a sample from this listing in accordance with the
guidelines in 40 CFR 1090.1805, and obtain a commercial document of
general circulation that lists vessel arrivals and departures, and that
includes the port and date of departure and the ports and dates where
the renewable fuel was offloaded for the selected vessels. * * *
    (6) * * *
    (ii) Be licensed as a Certified Public Accountant in the United
States and a citizen of the United States, or be approved in advance by
EPA based on a demonstration of ability to perform the procedures
required in 40 CFR 1090.1800, Sec.  80.1464, and this paragraph (m);
and
    (iii) Sign a commitment that contains the provisions specified in
paragraph (f) of this section with regard to activities and documents
relevant to compliance with the requirements of 40 CFR 1090.1800, Sec.
80.1464, and this paragraph (m).
* * * * *
0
25. Amend Sec.  80.1467 by revising paragraphs (h)(2) and (3) to read
as follows:

Sec.  80.1467   What are the additional requirements under this subpart
for a foreign RIN owner?

* * * * *
    (h) * * *
    (2) The attest auditor must be licensed as a Certified Public
Accountant in the United States and a citizen of the United States, or
be approved in advance by EPA based on a demonstration of ability to
perform the procedures required in 40 CFR 1090.1800 and Sec.  80.1464.
    (3) The attest auditor must sign a commitment that contains the
provisions specified in paragraph (c) of this section with regard to
activities and documents relevant to compliance with the requirements
of 40 CFR 1090.1800 and Sec.  80.1464.
* * * * *
0
26. Amend Sec.  80.1469 by revising paragraph (c)(5) to read as
follows:

Sec.  80.1469   Requirements for Quality Assurance Plans.

* * * * *
    (c) * * *
    (5) Representative sampling. Independent third-party auditors may
use a representative sample of batches of renewable fuel in accordance
with the procedures described in 40 CFR 1090.1805 for all components of
this paragraph (c) except for paragraphs (c)(1)(ii), (c)(1)(iii),
(c)(2)(ii), (c)(3)(vi), (c)(4)(ii), and (c)(4)(iii) of this section.
* * * * *

PART 86--CONTROL OF EMISSIONS FROM NEW AND IN-USE HIGHWAY VEHICLES
AND ENGINES

0
27. The authority citation for part 86 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

0
28. Amend Sec.  86.1810-17 by adding paragraph (j) to read as follows:

Sec.  86.1810-17   General requirements.

* * * * *
    (j) Gasoline-fueled vehicles must have a refueling inlet that
allows insertion of the refueling nozzle specified in 40 CFR
1090.1550(a), and does not allow insertion of a nozzle with an outside
diameter at or above 24 mm.

PART 1037--CONTROL OF EMISSIONS FROM NEW HEAVY-DUTY MOTOR VEHICLES

0
29. The authority citation for part 1037 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

0
30. Amend Sec.  1037.115 by revising paragraph (c) to read as follows:

Sec.  1037.115   Other requirements.

* * * * *
    (c) Gasoline-fueled vehicles must have a refueling inlet that
allows insertion of the refueling nozzle specified in 40 CFR
1090.1550(a), and does not allow insertion of a nozzle with an outside
diameter at or above 24 mm.
* * * * *
0
31. Add part 1090 to read as follows:

PART 1090--REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED
BLENDSTOCKS

Subpart A--General Provisions
Sec.
1090.1 Applicability and relationship to other parts.
1090.5 Implementation dates.
1090.10 Contacting EPA.
1090.15 Confidential business information.
1090.20 Approval of submissions under this part.
1090.50 Rounding.
1090.55 Requirements for independent parties.
1090.80 Definitions.
1090.85 Explanatory terms.
1090.90 Acronyms and abbreviations.
1090.95 Incorporation by reference.
Subpart B--General Requirements and Provisions for Regulated Parties
1090.100 General provisions.
1090.105 Fuel manufacturers.
1090.110 Detergent blenders.
1090.115 Oxygenate blenders.
1090.120 Oxygenate producers.
1090.125 Certified butane producers.
1090.130 Certified butane blenders.

1090.135 Certified pentane producers.
1090.140 Certified pentane blenders.
1090.145 Transmix processors.
1090.150 Transmix blenders.
1090.155 Fuel additive manufacturers.
1090.160 Distributors, carriers, and resellers.
1090.165 Retailers and WPCs.
1090.170 Independent surveyors.
1090.175 Auditors.
1090.180 Pipeline operators.
Subpart C--Gasoline Standards
1090.200 Overview and general requirements.
1090.205 Sulfur standards.
1090.210 Benzene standards.
1090.215 Gasoline RVP standards.
1090.220 Certified butane standards.
1090.225 Certified pentane standards.
1090.230 Gasoline oxygenate standards.
1090.235 Ethanol denaturant standards.
1090.240 Gasoline deposit control standards.
1090.245 RFG standards.
1090.250 Anti-dumping standards.
1090.255 Gasoline additive standards.
1090.260 Gasoline substantially similar provisions.
1090.265 Requirements for E15.
1090.270 RFG covered areas.
1090.275 Changes to RFG covered areas and procedures for opting out
of RFG.
1090.280 Procedures for relaxing the federal 7.8 psi RVP standard.
Subpart D--Diesel Fuel and ECA Marine Fuel Standards
1090.300 Overview and general requirements.
1090.305 ULSD standards.
1090.310 Diesel fuel additives standards.
1090.315 Heating oil, kerosene, and jet fuel provisions.
1090.320 500 ppm LM diesel fuel standards.
1090.325 ECA marine fuel standards.
Subpart E--Reserved
Subpart F--Transmix and Pipeline Interface Provisions
1090.500 Scope.
1090.505 Gasoline produced from blending transmix into PCG.
1090.510 Gasoline produced from TGP.
1090.515 ULSD produced from TDP.
1090.520 500 ppm LM diesel fuel produced from TDP.
1090.525 Handling practices for pipeline interface that is not
transmix.
Subpart G--Exemptions, Hardships, and Special Provisions
1090.600 General provisions.
1090.605 National security and military use exemptions.
1090.610 Temporary research, development, and testing exemptions.
1090.615 Racing and aviation exemptions.
1090.620 Exemptions for Guam, American Samoa, and the Commonwealth
of the Northern Mariana Islands.
1090.625 Exemptions for California gasoline and diesel fuel.
1090.630 Exemptions for Alaska, Hawaii, Puerto Rico, and the U.S.
Virgin Islands summer gasoline.
1090.635 Refinery extreme unforeseen hardship exemption.
1090.640 Exemptions from the gasoline deposit control requirements.
1090.645 Exemption for exports of fuels, fuel additives, and
regulated blendstocks.
1090.650 Distillate global marine fuel exemption.
Subpart H--Averaging, Banking, and Trading Provisions
1090.700 Compliance with average standards.
1090.705 Facility level compliance.
1090.710 Downstream oxygenate accounting.
1090.715 Deficit carryforward.
1090.720 Credit use.
1090.725 Credit generation.
1090.730 Credit transfers.
1090.735 Invalid credits and remedial actions.
1090.740 Downstream BOB recertification.
1090.745 Informational annual average calculations.
Subpart I--Registration
1090.800 General provisions.
1090.805 Contents of registration.
1090.810 Voluntary cancellation of company or facility registration.
1090.815 Deactivation (involuntary cancellation) of registration.
1090.820 Changes of ownership.
Subpart J--Reporting
1090.900 General provisions.
1090.905 Annual, batch, and credit transaction reporting for
gasoline manufacturers.
1090.910 Reporting for gasoline manufacturers that recertify BOB to
gasoline.
1090.915 Batch reporting for oxygenate producers and importers.
1090.920 Reports by certified pentane producers.
1090.925 Reports by independent surveyors.
1090.930 Reports by auditors.
1090.935 Reports by diesel manufacturers.
Subpart K--Batch Certification, Designation, and Product Transfer
Documents

Batch Certification and Designation

1090.1100 Batch certification requirements.
1090.1105 Designation of batches of fuels, fuel additives, and
regulated blendstocks.
1090.1110 Designation requirements for gasoline.
1090.1115 Designation requirements for diesel and distillate fuels.
1090.1120 Batch numbering.

Product Transfer Documents

1090.1150 General PTD provisions.
1090.1155 PTD requirements for exempted fuels.
1090.1160 Gasoline, gasoline additive, and gasoline regulated
blendstock PTD provisions.
1090.1165 PTD requirements for distillate and residual fuels.
1090.1170 Diesel fuel additives language requirements.
1090.1175 Alternative PTD language provisions.
Subpart L--Recordkeeping
1090.1200 General recordkeeping requirements.
1090.1205 Recordkeeping requirements for all regulated parties.
1090.1210 Recordkeeping requirements for gasoline manufacturers.
1090.1215 Recordkeeping requirements for diesel fuel and ECA marine
fuel manufacturers.
1090.1220 Recordkeeping requirements for oxygenate blenders.
1090.1225 Recordkeeping requirements for gasoline additives.
1090.1230 Recordkeeping requirements for oxygenate producers.
1090.1235 Recordkeeping requirements for ethanol denaturant.
1090.1240 Recordkeeping requirements for gasoline detergent
blenders.
1090.1245 Recordkeeping requirements for independent surveyors.
1090.1250 Recordkeeping requirements for auditors.
1090.1255 Recordkeeping requirements for transmix processors,
transmix blenders, transmix distributors, and pipeline operators.
Subpart M--Sampling, Testing, and Retention
1090.1300 General provisions.

Scope of Testing

1090.1310 Testing to demonstrate compliance with standards.
1090.1315 In-line blending.
1090.1320 Adding blendstock to PCG.
1090.1325 Adding blendstock to TGP.
1090.1330 Preparing denatured fuel ethanol.

Handling and Preparing Samples

1090.1335 Collecting and preparing samples for testing.
1090.1337 Demonstrating homogeneity.
1090.1340 Preparing a hand blend from BOB.
1090.1345 Retaining samples.

Measurement Procedures

1090.1350 Overview of test procedures.
1090.1355 Calculation adjustments and corrections.
1090.1360 Performance-based Measurement System.
1090.1365 Qualifying criteria for alternative measurement
procedures.
1090.1370 Qualifying criteria for reference installations.
1090.1375 Quality control procedures.

Testing Related to Gasoline Deposit Control

1090.1390 Requirement for Automated Detergent Blending Equipment
Calibration.
1090.1395 Gasoline deposit control test procedures.
Subpart N--Survey Provisions
1090.1400 National fuels survey program participation.

1090.1405 National fuels survey program requirements.
1090.1410 Independent surveyor requirements.
1090.1415 Survey plan design requirements.
1090.1420 Additional requirements for E15 misfueling mitigation
surveying.
1090.1425 Program plan approval process.
1090.1430 Independent surveyor contract.
1090.1440 National sampling oversight program requirements.
Subpart O--Retailer and Wholesale Purchaser-Consumer Provisions
1090.1500 Overview.

Labeling

1090.1510 E15 labeling provisions.
1090.1515 Diesel sulfur labeling provisions.

Refueling Hardware

1090.1550 Requirements for gasoline dispensing nozzles used with
motor vehicles.
1090.1555 Requirements for gasoline dispensing nozzles used
primarily with marine vessels.
1090.1560 Requirements related to dispensing natural gas.
1090.1565 Requirements related to dispensing liquefied petroleum
gas.
Subpart P--Importer and Exporter Provisions
1090.1600 General provisions for importers.
1090.1605 Importation by marine vessel.
1090.1610 Importation by rail or truck.
1090.1615 Gasoline treated as a blendstock.
1090.1650 General provisions for exporters.
Subpart Q--Compliance and Enforcement Provisions
1090.1700 Prohibited acts.
1090.1705 Evidence related to violations.
1090.1710 Penalties.
1090.1715 Liability provisions.
1090.1720 Affirmative defense provisions related to noncompliant
fuel, fuel additive, or regulated blendstock.
Subpart R--Attestation Engagements
1090.1800 General provisions.
1090.1805 Representative samples.
1090.1810 General procedures--gasoline manufacturers.
1090.1815 General procedures--gasoline importers.
1090.1820 Additional procedures for gasoline treated as blendstock.
1090.1825 Additional procedures for PCG used to produce gasoline.
1090.1830 Alternative procedures for certified butane blenders.
1090.1835 Alternative procedures for certified pentane blenders.
1090.1840 Additional procedures related to compliance with gasoline
average standards.
1090.1845 Procedures related to meeting performance-based
measurement and statistical quality control for test methods.
1090.1850 Procedures related to in-line blending waivers.

    Authority:  42 U.S.C. 7414, 7521, 7522-7525, 7541, 7542, 7543,
7545, 7547, 7550, and 7601.

Subpart A--General Provisions

Sec.  1090.1   Applicability and relationship to other parts.

    (a) This part specifies fuel quality standards for gasoline and
diesel fuel 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 the fuels regulated under this part.
    (2) This part also specifies requirements for any person that
engages in activities associated with the production, distribution,
storage, and sale of fuels, fuel additives, and regulated blendstocks,
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. Parties that produce and distribute other
related products, such as heating oil, may need to meet certain
reporting, recordkeeping, labeling, or other requirements of this part.
    (b)(1) The International Convention for the Prevention of Pollution
from Ships, 1973 as modified by the Protocol of 1978 Annex VI (``MARPOL
Annex VI'') is an international treaty that sets maximum fuel sulfur
levels for fuel used in vessels, including separate standards for
vessels navigating in a designated Emission Control Area (ECA). These
standards and related requirements are specified in 40 CFR part 1043.
This part also sets corresponding sulfur standards that apply to any
person who produces or handles ECA marine fuel.
    (2) This part also includes requirements for parties involved in
the production and distribution of IMO marine fuel, such as collecting
and testing samples of fuels for regulated parameters, reporting
information to EPA to demonstrate compliance with fuel quality
requirements, and performing other compliance measures to implement the
standards.
    (c) The requirements for the registration of fuel and fuel
additives under 42 U.S.C. 7545(a), (b), and (e) are specified in 40 CFR
part 79. Parties that must meet the requirements of this part may also
need to comply with the requirements for the registration of fuel and
fuel additives under 40 CFR part 79.
    (d) The requirements for the Renewable Fuel Standard (RFS) are
specified in 40 CFR part 80, subpart M. Parties that must meet the
requirements of this part may also need to comply with the requirements
for the RFS program under 40 CFR part 80, subpart M.
    (e) Nothing in this part is intended to preempt the ability of
state or local governments to control or prohibit any fuel or fuel
additive for use in motor vehicles and motor vehicle engines that is
not explicitly regulated by this part.

Sec.  1090.5   Implementation dates.

    (a) The provisions of this part apply beginning January 1, 2021,
unless otherwise specified.
    (b) The following provisions of 40 CFR part 80 are applicable after
December 31, 2020:
    (1) Positive gasoline sulfur and benzene credit balances and
deficits from the 2020 compliance period carry forward for
demonstrating compliance with requirements of this part. Any
restrictions that apply to credits and deficits under 40 CFR part 80,
such as a maximum credit life of 5 years, continue to apply under this
part.
    (2) Unless otherwise specified (e.g., in-line blending waivers as
specified in Sec.  1090.1315(b)), any approval granted under 40 CFR
part 80 continues to be in effect under this part. For example, if EPA
approved the use of alternate labeling under 40 CFR part 80, that
approval continues to be valid under this part, subject to any
conditions specified for the approval.
    (3) Unless otherwise specified, regulated parties 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, and auditing related to fuels, fuel
additives, and regulated blendstocks produced or imported in 2020.
    (4) Any testing to establish the precision and accuracy of
alternative test procedures under 40 CFR part 80 continues to be valid
under this part.
    (5) Requirements to keep records and retain fuel samples related to
actions taken before January 1, 2021, continue to be in effect, as
specified in 40 CFR part 80.

Sec.  1090.10   Contacting EPA.

    Parties must submit all reports, registrations, and documents for

approval required under this part electronically to EPA using forms and
procedures specified by EPA via the following website: https://www.epa.gov/fuels-registration-reporting-and-compliance-help.

Sec.  1090.15   Confidential business information.

    (a) Except as specified in paragraphs (b) and (c) of this section,
any information submitted under this part claimed as confidential
remains subject to evaluation by EPA under 40 CFR part 2, subpart B.
    (b) The following information contained in submissions under this
part that have been accepted by EPA for evaluation is not entitled to
confidential treatment under 40 CFR part 2, subpart B or 5 U.S.C.
552(b)(4):
    (1) Submitter's name.
    (2) The name and location of the facility for which relief is
requested, if applicable.
    (3) The general nature of the request.
    (4) The relevant time period for the request, if applicable.
    (c) The following information incorporated into EPA determinations
on submissions under this section is not entitled to confidential
treatment under 40 CFR part 2, subpart B or 5 U.S.C. 552(b)(4):
    (1) Submitter's name.
    (2) The name and location of the facility for which relief was
requested, if applicable.
    (3) The general nature of the request.
    (4) The relevant time period for the request, if applicable.
    (5) The extent to which EPA either granted or denied the request
and any relevant conditions.
    (d) EPA may disclose the information specified in paragraphs (b)
and (c) 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 and 5 U.S.C. 552(b)(4).

Sec.  1090.20   Approval of submissions under this part.

    (a) EPA may approve any submission required or allowed under this
part if the request for approval satisfies all specified requirements.
    (b) EPA will deny any request for approval if the submission is
incomplete, contains inaccurate or misleading information, or does not
meet all specified requirements.
    (c) EPA may revoke any prior approval under this part for cause.
For cause includes, but is not limited to, any of the following:
    (1) The approval has proved inadequate in practice.
    (2) The party fails to notify EPA if information that the approval
was based on substantively changed after the approval was granted.
    (d) EPA may also revoke and void any approval under this part
effective from the approval date for cause. Cause for voiding an
approval includes, but is not limited to, any of the following:
    (1) The approval was not fully or diligently implemented
    (2) The approval was based on false, misleading, or inaccurate
information
    (3) Failure of a party to fulfill or cause to be fulfilled any term
or condition of an approval under this part.
    (e) Any person that has an approval revoked or voided under this
part is liable for any resulting violation of the requirements of this
part.

Sec.  1090.50   Rounding.

    (a) Complying with this part requires rounding final values, such
as sulfur test results and volume of gasoline. Do not round
intermediate values to transfer data unless the rounded number has at
least 6 significant digits.
    (b) 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). This convention is
consistent with ASTM E29 and NIST SP 811.
    (c) When calculating a specified percentage of a given value, the
specified percentage is understood to have infinite precision. For
example, if an allowable limit is specified as a fuel volume
representing 1 percent of total volume produced, calculate the
allowable volume by multiplying total volume by exactly 0.01.
    (d) Measurement devices that incorporate internal rounding may be
used, consistent with the following provisions:
    (1) Devices may use any rounding convention if they report 6 or
more significant digits.
    (2) Devices that report fewer than 6 significant digits may be
used, consistent with the accuracy and repeatability specifications of
the procedures specified in subpart M of this part.
    (e) Use one of the following rounding conventions for all batch
volumes in a given compliance period, and for all reporting under this
part:
    (1) Identify batch volume in gallons to the nearest whole gallon.
    (2)(i) Round batch volumes between 1,000 and 10,000 gallons to the
nearest 10 gallons.
    (ii) Round batch volumes above 10,000 gallons to the nearest 100
gallons.

Sec.  1090.55   Requirements for independent parties.

    This section specifies how third parties demonstrate their
independence from the regulated party that hires them and their
technical ability to perform the specified services.
    (a) Independence. The independent third party, their contractors,
subcontractors, and their organizations must be independent of the
regulated party. All the criteria listed in paragraphs (a)(1) and (2)
of this section must be met by every individual involved in the
specified activities in this part that the independent third party is
hired to perform for a regulated party, except as specified in
paragraph (a)(3) of this section.
    (1) Employment criteria. No person employed by an independent third
party, including contractor and subcontractor personnel, who is
involved in a specified activity performed by the independent third
party under the provisions of this part, may be employed, currently or
previously, by the regulated party for any duration within the 3 years
preceding the date when the regulated party hired the independent third
party to provide services under this part.
    (2) Financial criteria. (i) The third-party's personnel, the third-
party's organization, or any organization or individual that may be
contracted or subcontracted by the third party must meet all the
following requirements:
    (A) Have received no more than one-quarter of their revenue from
the regulated party during the year prior to the date of hire of the
third party by the regulated party for any purpose.
    (B) Have no interest in the regulated party's business. Income
received from the third party to perform specified activities under
this part is excepted.
    (C) Not receive compensation for any specified activity in this
part that is dependent on the outcome of the specified activity.
    (ii) The regulated party must be free from any interest in the
third-party's business.
    (3) Exceptions. Auditors that meet the requirements in Sec.
1090.1800(b)(1)(i) do not have to satisfy the employment and financial
criteria in paragraphs (a)(1) and (2) of this section to be considered
independent.
    (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) Independent surveyors that conduct surveys under subpart N of
this part must have personnel familiar with petroleum marketing, the
sampling and testing of gasoline and diesel at retail stations, and the
designing of surveys to estimate compliance rates or fuel parameters
nationwide. Independent surveyors must demonstrate this technical
ability in survey plans submitted under subpart N of this part.
    (2) Laboratories 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. Such
independent third parties must demonstrate work experience and a good
working knowledge of the voluntary consensus standards specified in
Sec. Sec.  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) Auditors auditing in-line blending operations must demonstrate
work experience and a good working knowledge of the voluntary consensus
standards specified in Sec. Sec.  1090.1365 and 1090.1370.
    (c) Suspension and disbarment. Any person suspended or disbarred
under 40 CFR part 32 or 48 CFR part 9, subpart 9.4, is not qualified to
perform review functions under this part.

Sec.  1090.80   Definitions.

    500 ppm LM diesel fuel means diesel fuel subject to the alternative
sulfur standards in Sec.  1090.320 for diesel fuel produced by transmix
processors that may only be used in locomotive and marine engines that
do not require the use of ULSD under 40 CFR parts 1033 and 1042,
respectively.
    Additization means the addition of detergent to gasoline to create
detergent-additized gasoline.
    Aggregated import facility means all import facilities within a
PADD owned or operated by an importer and treated as a single fuel
manufacturing facility to comply with the maximum benzene average
standards under Sec.  1090.210(b).
    Anhydrous ethanol means ethanol that contains no more than 1.0
volume percent water.
    Auditor means any person that conducts audits under subpart R of
this part.
    Automated detergent blending facility means any facility
(including, but not limited to, a truck or individual storage tank) at
which detergents are blended with gasoline by means of an injector
system calibrated to automatically deliver a specified amount of
detergent.
    Average standard means a fuel standard applicable over a compliance
period.
    Batch means a quantity of fuel, fuel additive, or regulated
blendstock that has a homogeneous set of properties.
    Biodiesel means a diesel fuel that contains at least 80 percent
mono-alkyl esters made from nonpetroleum feedstocks.
    Blender pump means any fuel dispenser where PCG is blended with a
fuel that contains ethanol (including DFE) to produce gasoline that has
an ethanol content greater than that of the PCG. Blender pumps are fuel
blending facilities if PCG is blended with a fuel that contains
anything other than PCG and DFE.
    Blending manufacturer means any person who owns, leases, operates,
controls, or supervises a fuel blending facility in the United States.
    Blendstock means any liquid compound or mixture of compounds (not
including fuel or fuel additive) that is used or intended for use as a
component of a fuel.
    Business day means Monday through Friday, except the legal public
holidays specified in 5 U.S.C. 6103 or any other day declared to be a
holiday by federal statute or executive order.
    Butane means an organic compound with the formula
C4H10.
    Butane blending facility means a fuel manufacturing facility where
butane is blended into PCG.
    California diesel means diesel fuel designated by a diesel fuel
manufacturer as for use in California.
    California gasoline means gasoline designated by a gasoline
manufacturer as for use in California.
    Carrier means any distributor who transports or stores or causes
the transportation or storage of fuel, fuel additive, or regulated
blendstock without taking title to or otherwise having any ownership of
the fuel, fuel additive, or regulated blendstock, and without altering
either the quality or quantity of the fuel, fuel additive, or regulated
blendstock.
    Category 1 (C1) marine vessel means a vessel that is propelled by
an engine(s) meeting the definition of ``Category 1'' in 40 CFR part
1042.901.
    Category 2 (C2) marine vessel means a vessel that is propelled by
an engine(s) meeting the definition of ``Category 2'' in 40 CFR part
1042.901.
    Category 3 (C3) marine vessel means a vessel that is propelled by
an engine(s) meeting the definition of ``Category 3'' in 40 CFR part
1042.901.
    CBOB means conventional gasoline for which a gasoline manufacturer
has accounted for the effects of oxygenate blending that occurs
downstream of the fuel manufacturing facility.
    Certified butane means butane that is certified to meet the
requirements in Sec.  1090.220.
    Certified butane blender means a blending manufacturer that
produces gasoline by blending certified butane into PCG, and that uses
the provisions of Sec.  1090.1320 to meet the applicable sampling and
testing requirements.
    Certified butane producer means a regulated blendstock producer
that certifies butane as meeting the requirements in Sec.  1090.220.
    Certified ethanol denaturant means ethanol denaturant that is
certified to meet the requirements in Sec.  1090.235.
    Certified ethanol denaturant producer means any person that
certifies ethanol denaturant as meeting the requirements in Sec.
1090.235.
    Certified pentane means pentane that is certified to meet the
requirements in Sec.  1090.225.
    Certified pentane blender means a blending manufacturer that
produces gasoline by blending certified pentane into PCG, and that uses
the provisions of Sec.  1090.1320 to meet the applicable sampling and
testing requirements.
    Certified pentane producer means a regulated blendstock producer
that certifies pentane as meeting the requirements in Sec.  1090.225.
    Compliance period means the calendar year (January 1 through
December 31).
    Conventional gasoline or CG means gasoline that is not certified to
meet the requirements for RFG in Sec.  1090.245.
    Days means calendar days, including weekends and holidays.
    Denatured fuel ethanol or DFE means anhydrous ethanol that contains
a denaturant to make it unfit for human consumption, as required and
defined in 27 CFR parts 19 through 21, and that is produced or imported
for blending into gasoline.
    Detergent means any chemical compound or combination of chemical
compounds that is added to gasoline to control deposit formation and
meets the requirements in Sec.  1090.240. Detergent may be part of a
detergent additive package.
    Detergent additive package means an additive package containing
detergent and may also contain carrier oils and non-detergent-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 imports detergent-additized gasoline.

    Detergent blending facility means any facility (including, but not
limited to, a truck or individual storage tank) at which detergent is
blended with gasoline.
    Detergent manufacturer means any person who owns, leases, operates,
controls, or supervises a facility that produces detergent. Detergent
manufacturers are fuel additive manufacturers.
    Detergent-additized gasoline or detergent gasoline means any
gasoline that contains a detergent.
    Diesel fuel means any of the following:
    (1) Any fuel commonly or commercially known as diesel fuel.
    (2) Any fuel (including NP diesel fuel) that is intended or used to
power a vehicle or engine that is designed to operate using diesel
fuel, except for residual or gaseous fuel.
    (3) Any fuel that conforms to the specifications of ASTM D975
(incorporated by reference in Sec.  1090.95) and is made available for
use in a vehicle or engine designed to operate using diesel fuel.
    Diesel fuel manufacturer means a fuel manufacturer who owns,
leases, operates, controls, or supervises a fuel manufacturing facility
where diesel fuel is produced.
    Distillate fuel means diesel fuel and other petroleum fuels with a
T90 temperature below 700 [deg]F that can be used in vehicles or
engines that are designed to operate using diesel fuel. For example,
diesel fuel, jet fuel, heating oil, No. 1 fuel (kerosene), No. 4 fuel,
DMX, DMA, DMB, and DMC are distillate fuels. These specific fuel grades
are identified in ASTM D975 and ISO 8217. Natural gas, LPG, and
gasoline are not distillate fuels.
    Distributor means any person who transports, stores, or causes the
transportation or storage of fuel, fuel additive, or regulated
blendstock at any point between any fuel manufacturing facility, fuel
additive manufacturing facility, or regulated blendstock production
facility and any retail outlet or WPC facility.
    Downstream location means any point in the fuel distribution system
other than a fuel manufacturing facility through which the fuel passes
after it leaves the gate of the fuel manufacturing facility at which it
was certified (e.g., fuel at facilities of distributors, pipelines,
terminals, carriers, retailers, kerosene blenders, and WPCs).
    E0 means a gasoline that contains no ethanol. This is also known as
neat gasoline.
    E10 means gasoline that contains at least 9 and no more than 10
volume percent ethanol.
    E15 means gasoline that contains more than 10 and no more than 15
volume percent ethanol.
    E85 means a fuel that contains more than 50 volume percent but 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.
    E200 means the distillation fraction of a fuel at 200 degrees
Fahrenheit expressed as a volume percentage.
    E300 means the distillation fraction of a fuel at 300 degrees
Fahrenheit expressed as a volume percentage.
    ECA marine fuel means diesel, distillate, or residual fuel used,
intended for use, or made available for use in C3 marine vessels while
the vessels are operating within an Emission Control Area (ECA), or an
ECA associated area.
    Ethanol means an alcohol of the chemical formula
C2H5OH.
    Ethanol denaturant means PCG, gasoline regulated blendstocks, or
natural gasoline liquids that are added to anhydrous ethanol to make
the ethanol unfit for human consumption as required and defined in 27
CFR parts 19 through 21.
    Facility means any place, or series of places, where any fuel, fuel
additive, or regulated blendstock is produced, imported, blended,
transported, distributed, stored, or sold.
    Flex-fuel engine has the same meaning as flexible-fuel engine in 40
CFR 1054.801.
    Flex-fuel vehicle has the same meaning as flexible-fuel vehicle in
40 CFR 86.1803-01.
    Fuel means only the fuels regulated under this part, including
gasoline, diesel fuel, and IMO marine fuel.
    Fuel additive means a substance that is designated for registration
under 40 CFR part 79 and is added to fuel such that it amounts to less
than 1.0 volume percent of the resultant mixture, or is an oxygenate
added up to a level consistent with levels that are ``substantially
similar'' under 42 U.S.C. 7545(f)(1) or as permitted under a waiver
granted under 42 U.S.C. 7545(f)(4).
    Fuel additive blender means any person who blends fuel additive
into fuel in the United States, or any person who owns, leases,
operates, controls, or supervises such an operation in the United
States.
    Fuel additive manufacturer means any person who owns, leases,
operates, controls, or supervises a facility where fuel additives are
produced or imported into the United States.
    Fuel blending facility means any facility, other than a refinery or
transmix processing facility, where fuel is produced by combining
blendstocks or by combining blendstocks with fuel. Types of blending
facilities include, but are not limited to, terminals, storage tanks,
plants, tanker trucks, retail outlets, and marine vessels.
    Fuel dispenser means any apparatus used to dispense fuel into motor
vehicles, nonroad vehicles, engines, equipment, or portable fuel
containers (as defined in 40 CFR 59.680).
    Fuel manufacturer means any person who owns, leases, operates,
controls, or supervises a fuel manufacturing facility. Fuel
manufacturers include refiners, importers, blending manufacturers, and
transmix processors.
    Fuel manufacturing facility means any facility where fuels are
produced, imported, or recertified. Fuel manufacturing facilities
include refineries, fuel blending facilities, transmix processing
facilities, import facilities, and any facility where fuel is
recertified.
    Fuel manufacturing facility gate means the point where the fuel
leaves the fuel manufacturing facility at which it was produced or
imported by the fuel manufacturer.
    Gasoline means any of the following:
    (1) Any fuel commonly or commercially known as gasoline, including
BOB.
    (2) Any fuel intended or used to power a vehicle or engine designed
to operate on gasoline, except for gaseous fuel.
    (3) Any fuel that conforms to the specifications of ASTM D4814
(incorporated by reference in Sec.  1090.95) and is made available for
use in a vehicle or engine designed to operate on gasoline.
    Gasoline before oxygenate blending or BOB means gasoline designated
for downstream oxygenate blending before being dispensed into a vehicle
or engine's fuel tank, unless recertified as specified in Sec.
1090.740. BOB is subject to all 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 who owns, leases,
operates, controls, or supervises a fuel manufacturing facility where
gasoline is produced. Any person recertifying a BOB under Sec.
1090.740 is considered to be a gasoline manufacturer.
    Gasoline treated as blendstock or GTAB means imported gasoline that
is excluded from the importer's compliance calculations but is treated
as blendstock in a related fuel

manufacturing facility that includes the GTAB in a gasoline
manufacturer's compliance calculations for the facility under Sec.
1090.1615.
    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.
    Heating oil means a combustible product that is used, intended for
use, or made available for use in furnaces, boilers, or similar
applications. Kerosene and jet fuel are not heating oil.
    IMO marine fuel means fuel that is ECA marine fuel or global marine
fuel.
    Importer means any person who imports fuel, fuel additive, or
regulated blendstock into the United States.
    Import facility means any facility where an importer imports fuel,
fuel additive, or regulated blendstock.
    Independent surveyor means any person who meets the independence
requirements in Sec.  1090.55 and conducts a survey under subpart N of
this part.
    Intake valve deposits or IVD means the deposits formed on the
intake valve(s) of a gasoline-fueled engine during operation.
    Jet fuel means any distillate fuel used, intended for use, or made
available for use in aircraft.
    Kerosene means any No.1 distillate fuel that is used, intended for
use, or made available for use as kerosene.
    Liquefied petroleum gas or LPG means a liquid hydrocarbon fuel that
is stored under pressure and is composed primarily of compounds that
are gases at atmospheric conditions (temperature = 25 [deg]C and
pressure = 1 atm), excluding natural gas.
    Locomotive engine means an engine used in a locomotive as defined
in 40 CFR 92.2.
    Marine engine has the meaning given under 40 CFR 1042.901.
    Methanol means any fuel sold for use in motor vehicles and engines
and commonly known or commercially sold as methanol or MXX, where XX
represents the percent methanol (CH3OH) by volume.
    Natural gas means a fuel that is primarily composed of methane.
    Natural gas liquids or NGLs means the hydrocarbons (primarily
propane, butane, pentane, hexane, and heptane) that are separated from
the gaseous state of natural gas in the form of liquids at a facility,
such as a natural gas production facility, gas processing plant,
natural gas pipeline, refinery, or similar facility.
    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.
    Nonpetroleum (NP) diesel fuel means renewable diesel fuel or
biodiesel. NP diesel fuel also includes other biomass-based diesel as
specified under 40 CFR part 80, subpart M.
    Oxygenate means a liquid compound that consists of one or more
oxygenated compounds. Examples include DFE and isobutanol.
    Oxygenate blender means any person who adds oxygenate to gasoline
in the United States, or any person who owns, leases, operates,
controls, or supervises such an operation in the United States.
    Oxygenate blending facility means any facility (including but not
limited to a truck) at which oxygenate is added to gasoline (including
BOB), and at which the quality or quantity of gasoline is not altered
in any other manner except for the addition of deposit control
additives.
    Oxygenate import facility means any facility where oxygenate,
including DFE, is imported into the United States.
    Oxygenate producer means any person who produces or imports
oxygenate for gasoline in the United States, or any person who owns,
leases, operates, controls, or supervises an oxygenate production or
import facility in the United States.
    Oxygenate production facility means any facility where oxygenate is
produced, including DFE.
    Oxygenated compound means an oxygen-containing, ashless organic
compound, such as an alcohol or ether, which may be used as a fuel or
fuel additive.
    PADD means Petroleum Administration for Defense District. These
districts are the same as the PADDs used by other federal agencies,
except for the addition of PADDs VI and VII. The individual PADDs are