only be the case if it is intended to be used in its neat form.
Furthermore, in such circumstances the producer would be required to
demonstrate in their registration submission that an end-user has: (a)
Modified engines to operate on the fuel in accordance with an EPA-
approved Clean Alternative Fuel Conversion under 40 CFR part 85,
subpart F; and (b) contracted with the producer to use the neat VRD as
transportation fuel, heating oil, or jet fuel. Given that there are
relatively few such EPA-approved Clean Alternative Fuel Conversions, it
should not be difficult for the EPA to establish that an end-user has
made the necessary modifications at the time of VRD producer
registration and would help ensure that RINs are only generated for
fuel that is actually used as transportation fuel, heating oil, or jet
fuel. Additionally, we are proposing that the VRD producer would need
to have the use of the neat VRD verified by a third-party auditor under
the QAP program prior to RIN generation.
    In instances where VRD is to be blended with petroleum diesel, we
propose that the only party that could generate RINs for VRD would be
the party actually doing the blending (i.e., the party that uses the
VRD to produce a fuel that meets ASTM D975 standards for No. 1 or No. 2
diesel fuel). This approach will best ensure that RINs are not
generated for vegetable oils that are actually destined to be used as a
feedstock for biodiesel production.\329\ Under this proposal, the
producers of VRD would be subject to all of the proposed registration,
recordkeeping, and reporting requirements for biointermediate producers
as described in section III.F of this preamble. Parties blending VRD
with petroleum diesel would be required to register with the EPA in a
manner that is similar to renewable fuel producers; registration would
include, for example, an independent third-party engineering review
designed to verify that they have the capability for VRD blending.
Since VRD blenders would be RIN generators, they would also be required
to submit RIN transaction reports, and keep records related to RIN
transactions and blending activity.
---------------------------------------------------------------------------

    \329\ Under this proposed approach, producers of SVO destined
for use as a feedstock to produce biodiesel or renewable diesel
would continue to not have to register or report to the EPA under
the RFS program.
---------------------------------------------------------------------------

    VRD would be defined as a form of ``non-ester renewable diesel''
which, in turn, is a type of biomass-based diesel. Therefore, biomass-
based diesel RINs (D-code 4) could be generated for VRD under the
existing renewable diesel pathways in Table 1 to 40 CFR 80.1426. We are
proposing to amend the definition of non-ester renewable diesel in two
ways. First, it would differentiate between VRD and non-VRD renewable
fuels. The definition would clarify that non-VRD renewable fuels must
be produced through a hydrotreating

process and be able to be used in an engine designed to operate on
conventional diesel fuel. Such fuels would meet the petroleum diesel
specifications in ASTM D975. VRD fuels would be defined as SVO that is
intended for use as transportation fuel, heating oil, or jet fuel.
    We believe that these proposed amendments would reduce the
potential for RIN fraud and provide greater certainty to obligated
parties regarding the validity of the RINs they purchase. We seek
comment on our proposed approach for vegetable oils, including whether
there may be additional scenarios in which it may be appropriate to
allow for RINs to be generated by VRD producers.

O. Public Access to Information

    The EPA is proposing regulations that would streamline our
processing of claims that RFS-related information should be withheld
from public disclosure under the Freedom of Information Act (FOIA), 5
U.S.C. 552(b)(4), as CBI. If finalized, the rules would identify which
types of RFS information would receive confidential treatment as CBI
and which would be available for disclosure in response to a FOIA
request without the need for the often time-consuming notice and
substantiation procedural requirements that would otherwise be required
under 40 CFR part 2, subpart B.
    The EPA recently received and responded to a FOIA request seeking
release of a substantial amount of RFS transactional and compliance
information submitted to the EPA through EMTS and in other
formats.\330\ The EPA evaluated each EMTS data element within the scope
of the FOIA request, and on March 27, 2015, issued a determination
identifying the extent to which those elements are eligible for CBI
treatment. The FOIA request, and the EPA's response, covered only the
data submitted within a certain historic time period. The EPA is
proposing to establish by rule that the same determinations of
eligibility for CBI treatment would apply to all of the EMTS data
elements covered by this determination, regardless of the date the data
was received.\331\ To the extent that the proposed rules identify data
elements as CBI, we note that it is not our intent to suggest that all
records making use of such data, including, for example, EPA-derived
documents that aggregate the information in a manner that masks
individual company data, would necessarily be entitled to protection as
CBI. The EPA will continue to make individual case-by-case CBI
determinations regarding public disclosure of such records.
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    \330\ See 79 FR 73577 (December 11, 2014).
    \331\ The EPA's rationale for these determinations is set forth
in ``Freedom of Information Act Request EPA-HQ-2013-006023 (HQ-APP-
2013-008586); Confidentiality Determination--Final Version with All
Errata Corrected (Clean),'' available in the docket for this action.
---------------------------------------------------------------------------

    In addition, we are proposing to codify a determination that basic
information related to EPA actions on petitions for RFS small refinery
and small refiner exemptions may not be claimed as confidential
business information. Small refineries and small refiners may petition
the EPA pursuant to 40 CFR 80.1441 and 80.1442 for an extension of
exemptions from RFS compliance obligations on the basis of
disproportionate economic hardship. Some petitioners availing
themselves of this opportunity have claimed their submissions to be
CBI. To the extent that the EPA determines that such CBI claims are
justifiable, the EPA protects the information from disclosure to the
public pursuant to FOIA Exemption 4, which covers ``trade secrets and
commercial or financial information obtained from a person that is
privileged or confidential.'' The EPA generally evaluates CBI claims
pursuant to its regulations in 40 CFR part 2, subpart B. While it is
appropriate to consider the potential that information that the EPA
obtains from outside of the agency, such as detailed business
information within a petition submission, could qualify for protection
as CBI, the courts have clarified that data generated within the
government are not ``obtained from a person'' within the meaning of
FOIA Exemption 4, and therefore cannot be claimed as CBI.\332\ In
addition, basic facts related to government decisions are also not
entitled to CBI treatment under FOIA Exemption 4.\333\ Nevertheless,
the courts have recognized that where an agency decision repeats or
would otherwise divulge sensitive business information that was
submitted to the agency by a person outside of government, that
sensitive information does not lose its CBI status by virtue of its
reference in the agency decision.\334\ In light of this precedent, and
to expedite processing of information requests related to EPA small
refinery/refiner exemption petition determinations, we propose to
clarify in the regulations that a clearly delineated set of basic
information related to our decisions on small refinery/refiner
exemption petitions is not entitled to treatment as CBI, since it is
inherently part of the EPA's decision and is not ``obtained from a
person'' outside of government. The EPA does not intend to suggest by
this proposal how it will respond to requests for the underlying
information provided by petitioners to substantiate a claim of
disproportionate economic hardship. Such information is ``obtained from
a person'' within the meaning of FOIA Exemption 4, may be claimed as
CBI, and will be evaluated on a case-by-case basis by the EPA following
the procedures specified in 40 CFR part 2, subpart B, when and if the
EPA receives a request for public release of such documents.
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    \332\ See Board of Trade v. Commodity Futures Trading
Commission, 627 F.2d 393, 404 (D.C. Cir. 1980); Soucie v. OST, 448
F.2d 1067 (D.C. Cir. 1971).
    \333\ See Bloomberg v. Board of Governors, 601 F.3d 143 (2d Cir.
2010); Philadelphia Newspapers Inc., v. HHS, 69 F. Supp. 2d 63
(D.D.C. 1999).
    \334\ See Southern Alliance for Clean Energy v. Dept. of Energy,
853 F. Supp. 2d 60 (D.D.C. 2012).
---------------------------------------------------------------------------

    The proposed regulations would specify that with respect to each
decision on a small refinery/refiner exemption request, we would
release to the public the petitioner's name, the name and location of
the facility for which relief was requested, the general nature of the
relief requested, the time period for which relief was requested, and
the extent to which the EPA granted or denied the requested relief. All
of this information is inherent to the EPA's decision and, we believe,
is not entitled to treatment as CBI. The EPA could post this
information on its Web site, or otherwise provide it to the public in
response to individual information requests. If finalized, the
procedures in 40 CFR part 2, subpart B, related to EPA processing of
requests for documents for which CBI claims have been made would not
apply to requests for the information specified in the rule.
    We also believe that parties cannot claim as CBI information
related to the EPA's internal workload, since the matters that the EPA
has decided to work on reflect an EPA decision, and those decisions
were not ``obtained from a person'' outside of government. Thus, we
believe that once a small refinery/refiner petition is accepted by the
EPA for processing, and added to the queue of projects that are pending
EPA evaluation, basic information regarding the matter is not entitled
to treatment as CBI. We propose, therefore, to establish by rule that
after adding the response to a small refinery/refiner petition to its
queue of projects to be completed, the EPA would publicly release
information on the name of the petitioner, the name and location of the
facility for which relief was requested, the general nature of the
relief requested, and the time period for which relief was requested.
This basic information is necessary to

identify the nature and scope of work that the EPA has decided to
undertake. The EPA could post this information on its Web site, or
otherwise provide it to the public in response to individual
information requests. If finalized, the procedures in 40 CFR part 2,
subpart B, would not apply with respect to requests for the information
specified in the rule.
    Finally, we are proposing that the EPA is not releasing information
that is entitled to protection as CBI when it posts on its Web site or
otherwise publicly releases EPA enforcement-related determinations or
actions, together with basic information regarding the party or parties
involved and the RINs in question. The EPA determinations and actions
covered by this proposal include EPA determinations that RINs are
invalid under 40 CFR 1474(b)(4)(i)(C)(2) and 1474(b)(4)(ii)(C)(2),
notices of violation, administrative complaints, civil complaints,
criminal informations and criminal indictments. The information that
the EPA may post or otherwise publicly release in the context of these
determinations or actions includes the company name and EPA
identification number of the company that generated the RINs in
question, the facility name and EPA identification number of the
facility at which the fuel associated with the RINs in question was
allegedly produced or imported, the total quantity of RINs in question,
the time period when the RINs in question were generated, and the batch
number(s) and the D code(s) of the RINs in question. This basic
information is central to the EPA's enforcement-related actions and
determinations. Since these actions and determinations are not
``obtained from a person'' outside of the EPA, they and the basic
information necessary to describe them cannot be claimed as CBI. Thus,
while we are proposing that most RIN-related information is generally
entitled to treatment as CBI, as discussed above, we are also proposing
as an exception to that general rule that basic RIN information that is
central to the EPA's enforcement-related actions and determinations is
not entitled to such treatment.
    We believe that publicly releasing the EPA's enforcement-related
actions and determinations described above is important to successful
operation and integrity of the RFS program. Doing so may prevent
parties from unwittingly transferring or attempting to use invalid RINs
for compliance, in contravention of the RFS regulations, or from
investing in invalid RINs that they will be unable to use for
compliance. We seek comment on whether any additional factual
information relating to the EPA actions described above should be
identified as ineligible for CBI protection and whether there are
additional EPA actions and determinations that we should identify as
including RIN-related information that does not qualify for CBI
protection.
    We note that existing EPA regulations governing treatment of CBI
define the term ``person'' in 40 CFR 2.201(a) as including government
agencies and their employees. We believe that this is appropriate,
since we acknowledge that there may be instances where a government
report or decision could contain detailed information generated by the
EPA, but which is based on information submitted from outside of the
EPA and which could create competitive harm to the non-government data
submitter if released. We propose to interpret our regulatory
definition of ``person'' in accordance with the court decisions
interpreting the phrase ``obtained from a person'' for purposes of FOIA
Exemption 4, to both allow the EPA to withhold EPA-generated records in
appropriate circumstances where necessary to prevent disclosure of
information obtained from outside the EPA to inform those decisions,
and to release basic information related to EPA decisions and workload
as proposed in this action. However, we solicit comment on whether the
regulatory definition of ``person'' should be amended to more clearly
align with this proposal.

P. Grandfathered Facilities

    The CAA provides an exemption from the minimum 20 percent lifecycle
GHG reduction requirement for a baseline volume of fuel made from two
classes of facilities; those that commenced construction prior to the
date of EISA's enactment, and ethanol facilities fired by natural gas
or biomass that commenced construction prior to December 31, 2009.\335\
While these facilities need not produce fuel pursuant to a pathway
specified in Table 1 to 80.1426, they are nevertheless required to use
feedstock that meets the CAA's definition of ``renewable biomass.'' In
light of implementation and enforcement concerns related to tracking
renewable biomass through a number of processing steps over multiple
facilities, we are proposing that fuel will not qualify for an
exemption from the 20 percent lifecycle GHG reduction requirement
unless it is: (1) Produced from renewable biomass in a single facility;
(2) Made at a single facility from a feedstock that is derived from
renewable biomass and is listed in Table 1 to 40 CFR 80.1426; or (3)
Made at a single facility from renewable biomass that was pre-processed
at another facility if that pre-processing at another facility was
limited to form changes such as chopping, crushing, grinding,
pelletizing, filtering, compaction/compression, centrifuging, dewater/
drying, melting, and/or the addition of water to produce a slurry. We
seek comment on our proposed approach.
---------------------------------------------------------------------------

    \335\ See 40 CFR 80.1403.
---------------------------------------------------------------------------

    To help implement this proposed change, the EPA is also proposing
changes to the registration and registration update requirements for
renewable fuel producers that either already have facilities registered
with an exemption under 40 CFR 80.1403 or renewable fuel producers that
have facilities that would have been able to claim an exemption under
40 CFR 80.1403 but cannot due to the proposed change. Since the EPA
would no longer need to establish a baseline volume from permits or
production information prior to December 19, 2007, or outdated
production information, the EPA is proposing that facilities that would
have been able to claim the exemption (i.e., those constructed prior to
December 19, 2007, or December 31, 2009, depending on the exemption)
only submit the most recent permits or, if not available, recent
production information to establish a facility's baseline volume.
Additionally, for three-year registration updates, the EPA is proposing
that facilities already claiming an exemption under 40 CFR 80.1403
would no longer need to provide copies of air permits to establish
exempted baseline volumes since all parties that could claim the
exemption under 40 CFR 80.1403 would have done so. The net result of
this change is that all facilities would need to submit their most
recent air permits or production information during initial
registration or three-year registration updates and parties would not
need to submit older air permits and production information to
establish baseline volumes.
    To help distinguish total baseline volumes from exempted baseline
volumes, the EPA is proposing to redefine the term ``baseline volume''
and create a definition for ``exempted baseline volume.'' The proposed
definition for exempted baseline volume would include the permitted
capacity as established in air permits prior to December 19, 2007 or
older production records as defined in the current definition of actual
peak capacity. This definition should be consistent with the baseline
volumes previously established for facilities claiming an exemption

under 40 CFR 80.1403. However, many facilities that claim an exemption
under 40 CFR 80.1403 also produce renewable fuels that do not claim the
exemption. This leads to situations where the reported baseline volume
may not be consistent with the total actual production capacity of the
facility. Therefore, the EPA is also proposing to amend the definition
of baseline volume to better establish a facility's total production
capacity. Under this proposal, all facilities would need to submit
recent air permits or production information to establish current
baseline volumes. However, only facilities claiming a new exemption
under 40 CFR 80.1403--for example, facilities claiming an exemption
under 40 CFR 80.1403 involved in a change of ownership--would need to
submit information related to an exempted baseline volume. Facilities
would still need to maintain air permits and documentation used to
establish exempted baseline volumes under the recordkeeping
requirements in 40 CFR 80.1454. The EPA believes this change would
allow for more accurate total baseline volumes to be included as part
of registration information submitted to the EPA.

Q. Changes to Bond Requirement for Foreign Producers

    The EPA is proposing to remove the option that allows a RIN-
generating foreign producer to pay the required bond amount to the U.S.
Treasury as stipulated under 40 CFR 80.1466(h)(2)(i) instead of
obtaining a bond in the proper amount from a third-party surety agent.
This option was provided as an alternative approach for RIN-generating
foreign producers that expressed possible difficulties in securing the
required bond to participate in the RFS program. We are now proposing
to remove this option because it has proven to be too much of a
challenge for the EPA to implement properly. For instance, a special
account would need to be established at the U.S. Treasury that would
allow the EPA to deposit the submitted bank checks (or hold in escrow)
and also allow the EPA the ability to draw upon these funds to satisfy
a potential judgment or reimburse the RIN-generating producer if they
no longer participate in the RFS program. This type of accounting
requires a lot of oversight and resources to ensure proper
implementation. Since there very few RIN-generating foreign producers
who are currently using this option, we believe it is not justified to
continue to allow this option due to the high administrative burden.
For these reasons, we are proposing to remove this option from the
regulations and believe this proposal will provide RIN-generating
foreign producers with sufficient time to obtain surety agreements to
meet the bond requirements. We request comment on this proposed change.

R. Redesignation of Renewable Fuel on a PTD for Non-Qualifying Uses

    The EPA is proposing to amend the PTD, RIN management and
enforcement-related regulations to address situations where a party
subject to PTD requirements is aware that renewable fuel it intends to
transfer will be used for purposes other than as transportation fuel,
heating oil, or jet fuel.
    CAA section 211(o)(1)(J) defines ``renewable fuel'' as fuel that is
produced from renewable biomass and that is used to replace or reduce
the quantity of fossil fuel present in a ``transportation fuel,'' which
is defined in CAA section 211(o)(1)(L) as ``fuel for use in motor
vehicles, motor vehicle engines, nonroad vehicles or nonroad engines
(except for ocean-going vessels). The CAA also provides, however, that
``additional renewable fuel,'' defined as fuel made from renewable
biomass that is used to replace or reduce the quantity of fossil fuel
present in home heating oil or jet fuel, may also receive credit under
the CAA. Thus, the CAA envisions use of renewable fuels under the RFS
program for transportation fuel, heating oil, and jet fuel, which we
refer to here as ``qualifying uses.'' While some of the more common
biofuels that participate in the RFS program (e.g., denatured ethanol)
have no significant non-qualifying uses, other types of biofuels, such
as renewable electricity and natural gas derived from biogas, can be
put to myriad uses, many of which are non-qualifying. Reflecting this
difference, EPA regulations include special provisions for certain
renewable fuels (e.g., natural gas derived from biogas) that limit RIN
generation to circumstances where the potential RIN generator can
document that their biofuel will be used as transportation fuel,
heating oil, or jet fuel, whereas such provisions are not required with
respect to biofuels like denatured ethanol that do not have significant
non-qualifying uses. All renewable fuels, however, must be accompanied
by a PTD when ownership of the fuel is transferred to parties other
than retail customers or wholesale purchaser-consumer facilities (as
defined in 40 CFR 80.2), and the PTD must include a good faith
designation of the fuels' intended use.\336\ The EPA modified the PTD
requirements and related enforcement provisions in the QAP final rule,
but in the course of doing so, the EPA included contradictory
statements in the preamble of its intent to finalize certain of the
proposed provisions, and these statements were inconsistent in part
with EPA's final actions in amending the regulations.\337\
---------------------------------------------------------------------------

    \336\ See 40 CFR 80.1453.
    \337\ See 79 FR 42078 (July 18, 2014).
---------------------------------------------------------------------------

    The original RFS2 regulations required parties that obtained
renewable fuel with attached RINs and that either designated renewable
fuel for a non-qualifying fuel use or that used renewable fuel for a
non-qualifying fuel use to retire the RINs that they received with the
fuel.\338\ On February 21, 2013, the EPA published an NPRM for the QAP
rule that proposed to remove and reserve 40 CFR 80.1429(f) of the
regulations, expand the PTD requirements to require that parties
transferring renewable fuel include specific information in PTDs
regarding the character and intended use of blended and neat renewable
fuel, and add a new 40 CFR 80.1433 that would set forth a specific
mechanism for parties with PTD obligations that change a renewable fuel
designation from qualifying to non-qualifying fuel uses to retire the
appropriate number and type of RINs. In addition, the EPA proposed a
new 40 CFR 80.1460(g) to prohibit parties from redesignating renewable
fuel for a non-qualifying use without retiring RINs in accordance with
proposed 40 CFR 80.1433.\339\
---------------------------------------------------------------------------

    \338\ See 40 CFR 80.1429(f).
    \339\ See 78 FR 12193 (February 21, 2013).
---------------------------------------------------------------------------

    In one section of the preamble to the final QAP Rule, the EPA
stated that it was implementing this proposal.\340\ However, the
preamble to the final QAP rule also included contradictory language
that stated, ``we feel that the program goal of ensuring appropriate
end use is already addressed and managed through the regulations. We
are therefore not finalizing the proposed Sec.  80.1433 and conforming
prohibited act provision for sellers and transferors of RIN-generating
renewable fuel.'' \341\ The regulations implemented in the final QAP
rule inadvertently removed 40 CFR 80.1429(f), without including the
proposed 40 CFR 80.1433 or 80.1460(g). The PTD regulations that were
adopted in the final QAP rule at 40 CFR 80.1453(a)(12) include a
reference to 40 CFR 80.1433, but that section was not included in the
final regulations.
---------------------------------------------------------------------------

    \340\ See 79 FR 42106 (July 18, 2014).
    \341\ Id.

---------------------------------------------------------------------------

    The EPA recognizes that these contradictory statements have led to
confusion, and we are proposing to resolve this confusion by
implementing a new 40 CFR 80.1433 that would require a party that
receives renewable fuel without a PTD or with a PTD indicating that the
fuel is for qualified uses, and that subsequently transfers that fuel
to a party that the transferor knows or has reason to know will use the
fuel for a non-qualifying use, to include a statement on the PTD
designating the fuel for an alternative use and to retire an
appropriate number and type of RINs. We are also proposing that the
transfer of renewable fuel for use by stationary internal combustion
engines would not require RIN retirement. These engines often use the
same fuel as nonroad engines, and the effect of renewable fuel in
displacing petroleum products in fuel used in such engines is also
similar. We are also proposing to add a new prohibited act at 40 CFR
80.1460(j) for failing to retire RINs as would be required by proposed
40 CFR 80.1433. The RIN retirement provisions in proposed 40 CFR
80.1433 would not apply to a party that could demonstrate, through
records available at the time of fuel transfer and maintained for five
years, that no RINs were generated for any part of the fuel or fuel
blend that it transfers or that an appropriate number and type of RINs
had already been retired by a prior owner of the fuel or fuel blend.
With respect to situations where a party asserts that RINs were never
generated, we seek comment on whether the exemption from the RIN
retirement requirements in proposed 40 CFR 80.1433 should be limited to
those parties that purchased renewable fuel directly from the renewable
fuel producer, similar to the requirement specified for exports at 40
CFR 80.1430(a). We believe these proposed provisions, if finalized,
will remedy the confusion created by the contradictory statements in
the QAP rule, and will further the objectives of the statute by
augmenting the integrity of the RIN system.
    We are also proposing to delete 40 CFR 80.1460(c)(2) and (c)(3)
from the prohibited acts section of the regulations, and replace these
sections with a new 40 CFR 80.1460(c)(2). We believe that the existing
two near-identically worded provisions would appropriately be replaced
by a single more clearly worded regulation that prohibits parties from
using RINs for compliance or transferring RINs to other parties, in a
situation where the party using or transferring the RINs uses the fuel
associated with the RINs for a purpose other than as transportation
fuel, heating oil or jet fuel. This prohibition would only apply to
parties that obtained renewable fuel with assigned RINs and then used
or transferred the renewable fuel for a non-qualifying fuel use; any
RINs improperly transferred by such a party would not be considered
invalid as a result of that action, and therefore could be used or
transferred by downstream parties notwithstanding the upstream
violation of 40 CFR 80.1460(c)(2).

IX. Other Revisions to the Fuels Program

A. Testing Revisions

    The EPA is proposing several changes to its testing requirements,
as described in the following sections.
1. Non-VCSB Absolute Fuel Parameter--Sulfur Testing in Diesel,
Gasoline, Butane, and Pentane
    The EPA is proposing to remove the requirement for periodic
resubmitting of non-VCSB test methods that have not been approved by
VCSBs. Non-VCSB test methods are required to resubmit accuracy and
precision qualification information every 5 years if the non-VCSB test
method has not been approved by a VCSB organization. At this time,
VCSBs, such as ASTM, have yet to qualify any non-VCSB test methods for
measuring the sulfur content in diesel, gasoline, butane, or pentane.
Moreover, the EPA requires minimal statistical quality control
requirements on every type test method approved under the diesel sulfur
accuracy and precision requirements \342\ to ensure proper test method
instrumentation use is as intended in practice. The EPA is, therefore,
proposing to amend the regulatory requirement that non-VCSB test
methods by eliminating the provision to re-submit accuracy and
precision qualification information every 5 years.
---------------------------------------------------------------------------

    \342\ See 40 CFR 80.584.
---------------------------------------------------------------------------

    The EPA is also proposing to require use of ASTM D6708 for
determining that sample specific biases are random prior to submission
for approval. If a non-VCSB test method absolute fuel parameter of
sulfur in diesel, gasoline, butane, or pentane as compared to its
designated primary test method were to exhibit sample-specific biases
that cannot be determined as random through the utilization of ASTM
D6708, such an indication of sample-specific biases would raise a
concern that the test method should be investigated and improved upon
prior to utilization in practice in order to eliminate any systematic
errors that may keep the test method from properly measuring sulfur in
either diesel, gasoline, butane, or pentane in the most accurate and
precise manner practically achievable. The EPA believes that the non-
VCSB test method applicant has to demonstrate through ASTM D6708 that
sample-specific biases existing between the candidate non-VCSB test
method and the designated primary test method are random prior to
submitting to the EPA for approval. If the applicant determines that
sample-specific biases exist between the candidate non-VCSB test method
and the designated primary test method that cannot be determined to be
random through utilization of ASTM D6708, then the non-VCSB test method
is automatically disqualified from consideration for approval. The EPA
is proposing to an additional requirement that non-VCSB test methods
for sulfur in diesel, gasoline, butane, and pentane must demonstrate
through the use of ASTM D6708 that sample-specific biases are random.
This demonstration must be made prior to submission for approval.
2. Removal of Sunset Date for Designated Primary Test Methods
    Currently, EPA fuels regulations exempt those designated primary
test methods that were in use prior to October 28, 2013, from meeting
the accuracy and precision qualification requirements.\343\ We provided
this sunset exemption date in the Tier 3 final rule because we were
confident that test facilities were utilizing designated primary test
methods prior to this date. However, since the SQC requirements at 40
CFR 80.47 are intended to ensure proper utilization of designated
primary test methods in practice, the EPA is proposing to remove this
sunset exemption date. This action would exempt all designated primary
test methods from the accuracy and precision requirements of 40 CFR
80.47.
---------------------------------------------------------------------------

    \343\ See 40 CFR 80.47(j).
---------------------------------------------------------------------------

3. Sulfur in Pentane and Test Methods for Benzene, Aromatics, and C6-
Plus Hydrocarbons in Pentane
    The EPA is proposing to add accuracy and precision criteria for
sulfur in pentane that are identical to sulfur in gasoline. The Tier 3
regulations provided for the allowance of blending pentane in
gasoline.\344\ The EPA did not specify test methods for sulfur,
benzene, aromatics, and C6-plus hydrocarbons in pentane. The EPA is not
aware of an ASTM test method that has been

developed to analyze sulfur in pentane. It is our understanding that
the ASTM test methods currently utilized by industry for the analysis
of sulfur in gasoline may be adaptable for the analysis of sulfur in
pentane if refrigerated auto-samplers are added to the apparatus of
these test methods. This is being done in order to reduce safety issues
associated with analyzing the sulfur content in pentane which has a
lower boiling point than gasoline. Regardless of how these test methods
are innovated in order to determine the sulfur content of pentane, the
EPA believes it is appropriate to assign PBATMA criterion for sulfur in
pentane based on the current criterion for sulfur in gasoline. Once
industry has developed a test method for sulfur in pentane through the
VCS-based process and developed precision statements for the test
method, the EPA will revisit whether accuracy and precision criteria
need to be revised to reflect the VCSB test methods for sulfur in
pentane. The EPA is proposing to add accuracy and precision criterion
for sulfur in pentane in 40 CFR 80.47(b) that is identical to sulfur in
gasoline. We believe that this will provide greater assurance to both
the regulated community and the EPA that once pentane is blended into
gasoline, it meets the required sulfur fuel standard.
---------------------------------------------------------------------------

    \344\ See 79 FR 23589-23591 (April 28, 2014).
---------------------------------------------------------------------------

    In addition, the EPA is also proposing to establish two ASTM test
methods for the analysis of benzene content, aromatic content, and C6-
plus hydrocarbons in pentane at 40 CFR 80.46. We are proposing to
designate ASTM D6730 as the designated primary test method for
measuring benzene content, aromatic content, and C6-plus hydrocarbons
in pentane. We are also proposing one alternative test method for the
benzene content, aromatic content, and C6-plus hydrocarbons measurement
in pentane, ASTM D6729, provided that its test results are correlated
to ASTM D6730. Table IX.A.3-1 below lists the two ASTM test methods we
are proposing. The establishment of these two test methods would
provide greater assurance to both the regulated community and the EPA
that benzene content, aromatic content, and C6-plus hydrocarbons in
pentane meet the regulatory requirements at 40 CFR 80.86.

 Table IX.A.3-1--Designated Primary and Alternative ASTM Analytical Test
 Methods for the Analysis of Benzene Content, Aromatic Content, and C6-
                   Plus Hydrocarbon Content in Pentane
------------------------------------------------------------------------
  Fuel parameter in pentane    ASTM international analytical test method
------------------------------------------------------------------------
Benzene (Designated Primary    ASTM 6730-01 (Reapproved 2011), Standard
 Test Method).                  Test Method for Determination of
                                Individual Components in Spark Ignition
                                Fuels by 100-Metre Capillary (Pre-
                                Column) High-Resolution Gas
                                Chromatography.
Benzene (Alternative Test      ASTM D6729-14, Standard Test Method for
 Method).                       Determination of Individual Components
                                in Spark Ignition Engine Fuels by 100-
                                Metre Capillary High-Resolution Gas
                                Chromatography.
Aromatics (Designated Primary  ASTM 6730-01 (Reapproved 2011), Standard
 Test Method).                  Test Method for Determination of
                                Individual Components in Spark Ignition
                                Fuels by 100-Metre Capillary (Pre-
                                Column) High-Resolution Gas
                                Chromatography.
Aromatics (Alternative Test    ASTM D6729-14, Standard Test Method for
 Method).                       Determination of Individual Components
                                in Spark Ignition Engine Fuels by 100-
                                Metre Capillary High-Resolution Gas
                                Chromatography.
C6-plus Hydrocarbons           ASTM 6730-01 (Reapproved 2011), Standard
 (Designated Primary Test       Test Method for Determination of
 Method).                       Individual Components in Spark Ignition
                                Fuels by 100-Metre Capillary (Pre-
                                Column) High-Resolution Gas
                                Chromatography.
C6-plus Hydrocarbons           ASTM D6729-14, Standard Test Method for
 (Alternative Test Method).     Determination of Individual Components
                                in Spark Ignition Engine Fuels by 100-
                                Metre Capillary High-Resolution Gas
                                Chromatography.
------------------------------------------------------------------------

4. Benzene Testing in Gasoline
    We are proposing to add ASTM D5769 as a designated primary test
method for benzene in gasoline, gas chromatography mass spectrometry
(GCMS)-based test method. This would be in addition to the current
designated primary gas chromatography (GC)-based test method (ASTM
D3606) codified at 40 CFR 80.46(e). Currently, the majority of motor
vehicle gasoline in the U.S. contains ethanol. The current GC-based
designated primary test method for benzene in gasoline (ASTM D3606) has
the potential for interference issues with ethanol in determining the
benzene content in gasoline when ethanol is present as an oxygenate in
gasoline. This interference issue of ethanol with benzene peaks in ASTM
D3606 makes this test method very difficult to use and has significant
potential to impact the accuracy of the benzene content test
results.\345\ At the same time, we note that ASTM D3606 has been the
designated primary test method for benzene in motor vehicle gasoline
since the inception of the RFG fuel program, and technical procedures
exist to account for ethanol interference issues with benzene in
gasoline. Moreover, the current precision statements in ASTM D3606 do
not account for the presence of alcohols in gasoline.\346\ The GCMS-
based test method (ASTM D5769) utilizes both gas chromatography to
separate chemical compounds in a gasoline sample and then determines
the chemical compounds content by mass by utilizing a mass spectrometry
detector. From a technical perspective, the EPA believes ASTM D5769 is
a more accurate and precise test method for determining the benzene
content in motor vehicle gasoline regardless of the type of oxygenate
it contains. Thus, interference issues in determining the benzene
content in motor vehicle gasoline when alcohols are present does not
present a concern with ASTM D5769. ASTM D5769 already contains sample
component and internal standard values, calibration requirements,
quality control reference material for benzene in motor vehicle
gasoline, and precision statements for repeatability and
reproducibility have been developed as well.\347\ The EPA is not
proposing to change the PBATMA requirements for benzene in motor
vehicle gasoline that were promulgated in the Tier 3 rule at 40 CFR
80.47. Thus, the regulated community will continue to have the
flexibility to utilize ASTM

D3606 for measuring the benzene content in motor vehicle gasoline as
well as any other alternative test method that meets the PBATMA
requirements for benzene content in motor vehicle gasoline.
---------------------------------------------------------------------------

    \345\ ASTM D3606 is difficult to utilize with E10, and as
ethanol concentrations increase in motor vehicle gasoline (such as
E15 or higher), we believe the difficulty in resolving ethanol peaks
from benzene peaks in the ASTM D3606 chromatogram will increase,
thus further increasing the likelihood of interferences between
ethanol and benzene.
    \346\ See Note 7, ASTM D3606-10, ``Standard Test Method for
Determination of Benzene and Toluene in Finished Motor and Aviation
Gasoline by Gas Chromatograph.''
    \347\ ASTM D5769-10, ``Standard Test method for Determination of
Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas
Chromatography.''
---------------------------------------------------------------------------

    As previously explained, we are also proposing removal of the
sunset date for designated primary test methods. As a result of this
removal, the designated primary test methods for benzene in gasoline
would be exempt from accuracy and precision qualification requirements
at 40 CFR 80.47.

B. Oxygenate Added Downstream in Tier 3

    After the Tier 3 rule was published,\348\ we received several
questions concerning the language at 40 CFR 80.1603(d) about accounting
for downstream oxygenate blending in refiners' and importers' average
annual sulfur calculations. Specifically, some refiners asked whether
40 CFR 80.1603(d) is consistent with the related RFG provisions for
downstream oxygenate blending in 40 CFR 80.69. Currently, refiners may
certify RFG after the addition of oxygenate to the RBOB sample at the
refinery lab (creating a so-called ``hand blend''), as allowed in 40
CFR 80.69(a). The Tier 3 regulations at 40 CFR 80.1603(d) require that
refiners and importers account for downstream oxygenate blending to any
gasoline or BOB by volume weighting the sulfur content of the gasoline
or BOB with the sulfur content of the added oxygenate. Under the Tier 3
regulations, refiners and importers may either rely upon test results
of batches of oxygenate supplied by the producer of the oxygenate or
use an assumed value of 5.00 ppm added at 10 volume percent ethanol
concentration if actual sulfur results are not available. These
refiners and importers suggested that the regulatory language at 40 CFR
80.1603(d) may be interpreted to continue to allow the use of hand-
blended RBOB samples for determining oxygenate sulfur content added
downstream by arguing that the language at 40 CFR 80.1603(d) only
applied to conventional gasoline and CBOB.
---------------------------------------------------------------------------

    \348\ See 79 FR 23414 (April 28, 2014).
---------------------------------------------------------------------------

    The EPA intended for the downstream oxygenate blending regulations
at 40 CFR 80.1603(d) to apply to all gasoline and BOBs, not just
conventional gasoline and CBOB. In the preamble to the Tier 3 rule, the
EPA explained that the ``final rule requires that in determining their
compliance with today's sulfur standards, refiners and importers must
either use the actual sulfur content of the DFE established through
testing of the DFE actually blended or assume a 5 ppm sulfur content
for the DFE added downstream. To prevent potential bias, a refiner or
importer must choose to use only one method during each annual
compliance period.'' \349\ The regulations at 40 CFR 80.101(d)(4) sets
forth the criteria that a refiner must meet to include downstream
ethanol in their conventional gasoline compliance calculations, and 40
CFR 80.69 sets forth the criteria a refiner must meet to include
downstream ethanol in their RFG or RBOB compliance calculations. If a
refiner satisfies these criteria, 40 CFR 80.1603(d) sets forth the
mechanism for accounting for downstream ethanol in annual compliance
calculations for all gasoline and BOBs. This section of the regulations
was designed to ensure that all refiners calculate their annual average
sulfur levels by including the ethanol that is actually added to their
gasoline or BOBs, or the default value of 5 ppm. This prevents refiners
from using hand blends prepared with ethanol that has less sulfur than
is actually blended with the refiner's gasoline or BOB for their
compliance calculations.
---------------------------------------------------------------------------

    \349\ See 79 FR 23544 (April 28, 2014).
---------------------------------------------------------------------------

    Although the EPA believes that 40 CFR 80.1603(d) clearly applies to
all gasoline and BOBs, not just RFG or RBOB, we are proposing minor
amendments to assure that the regulated community will not misinterpret
these requirements. We are also proposing minor amendments to the Tier
3 sulfur reporting requirements at 40 CFR 80.1652 to better accommodate
the inclusion of downstream oxygenate blending in annual average sulfur
compliance demonstrations. These added requirements would help align
the reported batch information with the annual average compliance
report and is necessary to ensure that refiners met both the per-gallon
and annual average sulfur standards. We also seek comment on whether we
should adopt similar provisions for the gasoline benzene program.

C. Technical Corrections and Clarifications

    We are proposing numerous technical corrections to the EPA's fuels
programs. These amendments are being proposed to correct inaccuracies
and oversights in the current regulations. These proposed changes are
described in Table IX.C-1 below. We request comment on all of these
proposed changes.

 Table IX.C-1--Miscellaneous Technical Corrections and Clarifications to
                                Title 40
------------------------------------------------------------------------
 Part and section of Title 40           Description of revision
------------------------------------------------------------------------
79.51(f)(6)(iii),              Amended by redirecting the mailing
 79.59(a)(1), 80.27(e)(1)(i),   addresses to the new address section in
 80.69(a)(11)(viii)(C),         80.10.
 80.93(d)(4), 80.174(b),
 80.174(c), 80.235(b),
 80.290(b), 80.533(b),
 80.574(b)(1), 80.595(b),
 80.607(a), 80.855(c)(2),
 80.1285(b), 80.1340(b),
 80.1415(c)(4), 80.1441(h),
 80.1442(i), 80.1443(d)(2),
 80.1449(d),
 80.1454(h)(6)(iii),
 80.1502(b)(5)(i),
 80.1502(b)(5)(ii),
 80.1622(g), 80.1625(c)(2),
 and 80.1656(h).
80.9.........................  Amended by updating the incorporation by
                                reference (IBR) to the most recent ASTM
                                version for ``Standard Practice for
                                Using Significant Digits in Test Data to
                                Determine Conformance with
                                Specifications,'' ASTM E29-02, which is
                                now ASTM E29-13. ASTM E29-13 assists our
                                regulated entities in determining the
                                number of significant digits when
                                rounding a test result or measurement
                                for determining conformance with our
                                fuel standards.
80.10........................  Amended by adding a new address section
                                that reflects the address change.
80.27(b).....................  Amended by clarifying the PBATMA
                                implementation for RVP compliance
                                assurance measurements.

80.46........................  Amended by clarifying that the PBATMA
                                requirements in 80.47 are now effective,
                                removing the VCSB alternative analytical
                                test methods from 80.46, as the VCSB
                                analytical test methods in 80.46 must
                                now meet the requirements in 80.47, and
                                adding test methods and corresponding
                                IBRs for benzene, aromatics, and C6-plus
                                hydrocarbons in pentane.
80.47(b)(2), 80.47(c)(2),      Amended by removing the reference to the
 80.47(d)(2), 80.47(e)(2),      October 28, 2013, date and making the
 80.47(f)(2), 80.47(g)(2),      designated primary test methods exempt
 80.47(h)(2), 80.47(i)(2),      from the applicable accuracy and
 80.47(j)(2), and 80.47(l)(4).  precision requirements of 40 CFR 80.47,
                                given that there are SQC requirements
                                for these methods that will verify if
                                they are being carried out properly.
80.47(b)(2)(i) and             Amended by clarifying accuracy criterion
 80.47(b)(2)(ii).               for sulfur in gasoline by adding
                                examples with accuracy criterion.
80.47(c)(2)(i) and             Amended by clarifying accuracy criterion
 80.47(c)(2)(ii).               for sulfur in butane by adding examples
                                with accuracy criterion.
80.47(l)(2)(i)...............  Amended by clarifying that test
                                facilities meet applicable precision
                                requirements for VCSB method defined and
                                non-VCSB absolute fuel parameters.
80.47(n)(1)(i),                Removing the accuracy SQC requirement for
 80.47(o)(1)(i),                pre-treatment and assessment of results
 80.47(p)(1)(i), and            from the check standard testing after at
 80.47(p)(2)(i).                least 15 testing occasions as described
                                in section 8.2 of ASTM D6299.
80.47(n)(1)(ii),               Clarifying the expanded uncertainty of
 80.47(o)(1)(ii), and           the accepted reference value of
 80.47(p)(1)(ii).               consensus named fuels shall be included
                                in the accuracy SQC qualification
                                criterion.
80.47(o)(1)(i)...............  Clarifying participation in a
                                commercially available Inter Laboratory
                                Crosscheck Program (ILCP) at least three
                                times a year meeting the ASTM D6299
                                requirements for ILCP check standards
                                that meet the requirements for absolute
                                differences between test results and the
                                accepted reference value of the check
                                standard based on the designated primary
                                test method obtained through
                                participation in the ILCP satisfies the
                                accuracy SQC requirement as well as
                                appropriate calculation for adherence to
                                SQC criteria. Also clarifying the
                                accuracy SQC criteria is 0.75 times the
                                published reproducibility of the
                                applicable designated primary test
                                method for each method defined fuel
                                parameter to be consistent with non-VCSB
                                method defined fuel parameter accuracy
                                SQC requirements.
80.47(n)(2)(i),                Clarification in Precision SQC
 80.47(o)(2)(i), and            requirements that the test facility's
 80.47(p)(3)(i).                long term precision standard deviation,
                                as demonstrated by control charts, is
                                expected to meet applicable precision
                                criterion for the test method.
80.164(a)(5) and               Amended by updating the IBR to the most
 80.177(d)(1)(ii).              recent ASTM version for ``Standard
                                Specification for Automotive Spark-
                                Ignition Engine Fuel,'' ASTM D4814-95c
                                and ASTM D4814-13b, which is now ASTM
                                D4814-14b. ASTM D4814-14b is gasoline
                                specifications used in making
                                certification fuel for meeting gasoline
                                detergent requirements.
80.177(d)(1)(i)..............  Amended by updating the IBR to the most
                                recent ASTM version for ``Standard
                                Specification for Denatured Fuel Ethanol
                                for Blending with Gasolines for Use as
                                Automotive Spark-Ignition Engine Fuel,''
                                ASTM D4806-13a, which is now ASTM-4806-
                                15 ethanol specification. ASTM D4806-15
                                is ethanol specifications used in making
                                certification fuel for meeting gasoline
                                detergent requirements.
80.1240(a)(1)(i) and           Amended by clarifying that gasoline
 80.1603(f).                    benzene and sulfur credits must be used
                                for compliance purposes (i.e., retired)
                                instead of simply being obtained.
80.1401......................  Adding definition of affiliate, foreign
                                renewable fuel producer, RIN-generating
                                foreign producer, and non-RIN-generating
                                foreign producer; amended by revising
                                the definition of foreign ethanol
                                producer and renewable fuel.
80.1426(a)(2), 80.1426(c)(4)-  Amended by applying the new and revised
 (5), 80.1450(b), 80.1451(b),   definitions in 80.1401.
 80.1451(g)(1)(ii)(D),
 80.1451(i)(2)(x),
 80.1454(p), and 80.1466(b)-
 (p).
80.1440......................  Amended by adding a new paragraph related
                                to RIN responsibilities for renewable
                                fuel used for purposes subject to
                                national security exemptions.
80.1450(b)(1)(ix)(A),          Amended by clarifying the term
 80.1451(b)(1)(ii)(I),          ``denaturant'' to mean ``ethanol
 80.1451(g)(1)(ii)(I),          denaturant.''
 80.1452(b)(11), and
 80.1464(b)(1)(ii).
80.1450(g)(9)................  Amended by clarifying the third-party
                                auditor registration updates language to
                                make QAP updates consistent with
                                registration updates.
80.1466(d)(3)(ii)............  Amended erroneous reference for third-
                                party independence requirements from
                                80.65(e)(2)(iii) to 80.65(f)(2)(iii).
80.1468(b)(1)................  Amended by updating the IBR to the most
                                recent ASTM version for ``Standard Guide
                                for Use of the Petroleum Measurement
                                Tables,'' ASTM D1250-08, which is now
                                ASTM D1250-08 (2013). ASTM D1250-08
                                (2013) is a standard guide used by our
                                regulated community for determining
                                temperature corrected standardized
                                volumes under the renewable fuels
                                program.
80.1468(b)(3)................  Amended by updating the IBR to the most
                                recent ASTM version for ``Standard Test
                                Method for Laboratory Standardization
                                and Calibration of Hand-Held Moisture
                                Meters,'' ASTM D4444-08, which is now
                                ASTM D4444-13. ASTM D4444-13 is a test
                                method used for determining moisture
                                content of wood samples in that must be
                                met when qualifying for RINs for
                                renewable fuels.

80.1468(b)(4)................  Amended by updating the IBR to the most
                                recent ASTM version for ``Standard
                                Specification for Biodiesel Blend Stock
                                (B100) for Middle Distillate Fuels,''
                                ASTM D6751-09, which is now ASTM D6751-
                                15. ASTM D6751-15 is biodiesel fuel
                                specifications that must be met
                                qualifying for RINs for renewable fuels.
80.1468(b)(7)................  Amended by updating the IBR to the most
                                recent ASTM version for ``Standard Test
                                Method for Analysis of Wood Fuels,''
                                ASTM E870-82, which is now ASTM E870-82
                                (2013). ASTM E870-82 (2013) is a test
                                method that covers the proximate and
                                ultimate analysis of wood fuels and the
                                determination of the gross caloric value
                                of wood sampled and prepared by
                                prescribed test methods and analyzed
                                according to ASTM established procedures
                                that must be met when qualifying for
                                RINs for renewable fuels.
80.1468(b)(8)................  Amended by updating the IBR to the most
                                recent ASTM version for ``Standard
                                Specification for Diesel Fuel Oils,''
                                ASTM D975-13a, which is now ASTM D975-
                                15. ASTM D975-15 is diesel fuel
                                specifications that must be met
                                qualifying for RINs for renewable fuels.
80.1469(e)(3)................  Amended by clarifying that quality
                                assurance plans submitted as part of
                                annual registration renewal are approved
                                at the same time as a third-party
                                auditor's registration.
80.1469(f)(1)................  Amended to more clearly link updates to
                                quality assurance plans with updates to
                                a third-party auditor's registration
                                under 80.1450(g)(9).
80.1501(b)(3)(i).............  Amended to reflect that the word
                                ``ATTENTION'' should be in black font,
                                not orange.
80.1503......................  Amended by revising the section to
                                clarify that the absolute approach shall
                                be used in determining compliance
                                assurance with respect to ethanol
                                content.
80.1600......................  Amended by removing the duplicative
                                definition of ``Ethanol denaturant,''
                                which is already defined in 80.2(iiii).
80.1609(a)...................  Amended by revising cross-reference to
                                80.1603(d)(3).
80.1616(c)(3)................  Amended by clarifying that Tier 2 credits
                                generated from January 1, 2017 through
                                December 31, 2019, must be used between
                                January 1, 2017 and December 31, 2019.
80.1650(b)(3)................  Amended by clarifying that the oxygenate
                                blender registration dates also apply to
                                persons who blend oxygenate into CBOB
                                and conventional gasoline.
80.1650(e)(1)(iii)(A) and      Amended by clarifying that records are
 80.1650(g)(1)(iii)(A).         kept at the oxygenate production
                                ``facility'' (instead of the oxygenate
                                production ``refinery'').
------------------------------------------------------------------------

X. Economic Impacts

    The proposed provisions for biointermediates and the proposed
provisions for EFF and gasoline produced at blender pumps would have
economic impacts. The proposal would provide significant additional
regulatory flexibility, streamlined compliance provisions, and the
opportunity for increased biofuel production at reduced cost. The cost
savings are anticipated to far outweigh the minor costs imposed for
demonstrating compliance. In most cases, the associated costs would
only apply to those parties that elect to take advantage of the
proposed flexibilities because the potential economic benefits outweigh
the costs. This proposal contains minor additional registration,
reporting, and recordkeeping requirements that would apply to some
parties in the biofuel production and distribution system that do not
take advantage of the proposed flexibilities as well as those that do.
We are also seeking comment in this action on potential provisions for
generating RINs from renewable electricity and seek comment on what
economic impacts they may have.

A. What are the benefits?

1. Proposed Biointermediates Provisions and Other Fuels Program
Revisions
    Under the current RFS regulations, the production of renewable
biofuels from feedstocks listed in approved pathways must all take
place at the same facility. Numerous companies have approached the EPA
about the use of biointermediates to produce renewable fuels as part of
the RFS program. Many of the biointermediates produced by these
companies would be used by renewable fuel producers to generate
cellulosic and other advanced renewable fuels. This proposal would
allow for the production of renewable fuel from biointermediates by
amending the RFS regulations to allow the new flexibility. By allowing
producers to use biointermediates to produce renewable fuels, the EPA
is enabling the production of potentially significant future volumes of
cellulosic and other advanced biofuels at reduced cost.
2. Proposed Provisions for EFF and Producing Gasoline at Blender Pumps
    Without the regulatory flexibilities in this proposed rule, the
expansion of blender pumps and use of natural gasoline as an EFF
blendstock could not be accommodated while at the same time continuing
to ensure the control of emissions from FFVs. We anticipate that the
flexibility to use natural gasoline of appropriate quality to produce
EFF provided by this proposal could reduce the EFF production cost. For
example, we project that the use of natural gasoline to produce E70 in
place of gasoline might reduce the cost of E70 by 5 percent on an
energy adjusted basis.\350\ This could help to further the use of
increased volumes of renewable fuels under the RFS program. The
increased use of natural gasoline in motor fuels could also have energy
security benefits, providing another domestic outlet for this feedstock
currently in oversupply.
---------------------------------------------------------------------------

    \350\ See the memorandum, ``Potential Impact on the Cost of
Ethanol Flex Fuel from the Use of Natural Gasoline as a
Blendstock,'' available in the docket for this action.
---------------------------------------------------------------------------

    Our proposal to regulate E16-50 quality with other higher-level
ethanol blends that can only be used in FFVs rather than to continue to
treat E16-50 as gasoline would provide a practical and streamlined
means for blender pump-refiners to demonstrate compliance while
continuing to ensure the environmental quality to these blends. Our
proposal to allow gasoline to be made at blender pumps from September
16 through May 31 without triggering the full gasoline refiner
requirements would likewise provide a practical and streamlined means
for blender pump-refiners to demonstrate

compliance while ensuring the environmental quality of the gasoline
they produce.\351\ Without these proposed changes, it may be
impractical for blender pump-refiners to produce E16-50 or E15 while
meeting the existing EPA compliance demonstration requirements.\352\
---------------------------------------------------------------------------

    \351\ We are also requesting comment on how to streamline the
compliance demonstration requirements for blender pump operators who
produce gasoline from June 1 through September 15 (see section IV.E
of this preamble).
    \352\ For example, the existing regulations would require that
each batch of fuel produced at a blender pump (i.e., each delivery
to a vehicle) be sampled and tested to demonstrated compliance.
---------------------------------------------------------------------------

3. Other Proposed RFS and Fuels Program Revisions
    The proposed revisions discussed in sections V, VI, VIII, and IX of
this preamble would all help support the RFS and other fuels programs
by doing such things as creating new renewable fuel production
pathways, clarifying various provisions of the RFS program, and
providing numerous technical corrections.

B. What are the cost impacts?

1. Proposed Biointermediates Provisions and Other Fuels Program
Revisions
    The ability to produce renewable fuels and generate RINs for them
using biointermediates holds significant promise for reducing the costs
of producing cellulosic and other advanced biofuels. By concentrating
renewable fuel feedstocks prior to shipment to the renewable fuel
production facility and/or by taking advantage of existing
infrastructure, producers can significantly reduce their production
costs. At the same time, allowing the use of biointermediates will
require some additional minor compliance costs. The proposed provisions
for production of renewable fuel from biointermediates include new
registration, reporting, recordkeeping, and PTD requirements for
biointermediate producers. There would also be additional recordkeeping
and reporting requirements for renewable fuel producers that use
biointermediates. These requirements are typical of other EPA fuel
programs, and the associated costs are modest. As this is a new
flexibility that is not currently available to producers in the RFS
program, the EPA does not believe that a renewable fuel producer would
choose to take advantage of this program unless there was sufficient
economic incentive for the producer to do so. Current renewable fuel
producers would not be compelled to use biointermediates, and as such,
any costs associated with these provisions are purely voluntary.
2. Proposed EFF Provisions
    Overall, we anticipate only a cost savings regarding the cost to
produce EFF blends and demonstrate compliance with the EPA fuel quality
requirements. This proposal would provide additional flexibility
regarding the hydrocarbon blendstocks that could be used to produce
EFF. These new flexibilities would apply to all EFF blends. Currently,
the only hydrocarbon blendstocks that producers of E85 may use to be
assured of compliance with the sub-sim requirement for E85 are
certified gasoline and BOBs. Under the proposed EFF bulk blender-
refiner provisions, certified natural gasoline EFF blendstock could
also be used to produce EFF. The EFF bulk blender-refiner certification
option includes streamlined compliance demonstration requirements to
limit the testing that would be required when such certified
blendstocks are used. We anticipate that the ability to use certified
natural gasoline EFF blendstock would be welcomed by EFF bulk blender-
refiners due to the anticipated lower cost compared to the use of
gasoline or BOBs.\353\ Under the proposed EFF full-refiner and importer
provisions, uncertified natural gasoline EFF blendstock could be used
to produce EFF provided that each batch is tested to demonstrate
compliance. The ability to blend other uncertified natural gasoline EFF
blendstock would also provide additional flexibility that may prove
useful to producers of EFF. Taking advantage of the proposed blending
flexibility to produce EFF would be voluntary. EFF producers that
continue to use only gasoline and BOBs that do not take advantage of
the 1 psi waiver for E10 as hydrocarbon blendstocks would not be
affected by the new regulatory requirements associated with the
proposed blending flexibility. EFF bulk blender-refiners that use
gasoline and BOBs that take advantage of the 1 psi waiver would have a
minimal additional burden to demonstrate compliance with the proposed
EFF RVP requirements. Such EFF bulk blender-refiners could use a
calculative RVP compliance tool that uses common business records to
demonstrate compliance with the proposed EFF RVP requirements.\354\ EFF
producers would only choose to be subject to the new regulatory
requirements associated with the use of natural gasoline as an EFF
blendstock to the extent that the economic benefits of the proposed
blending flexibility outweighs the associated costs.
---------------------------------------------------------------------------

    \353\ See the memorandum, ``Potential Impact on the Cost of
Ethanol Flex Fuel from the Use of Natural Gasoline as a
Blendstock,'' available in the docket for this action.
    \354\ The RVP compliance tool employs information on the RVP of
the blendstocks used to make EFF that is available on PTDs and EFF
blending records. See section IV.F.3 of this proposal for a
discussion of the RVP compliance tool.
---------------------------------------------------------------------------

    This proposal would also provide streamlined provisions for EFF
blender pump-refiners to demonstrate that the blends they produce are
in compliance with EPA fuel quality requirements. Under the current
regulations, E16-50 blends are treated as gasoline. Consequently,
blender pump-refiners are currently subject to all of the requirements
of a gasoline refiner, including per-batch testing, registration, and
annual reporting. Under this proposal, E16-50 would no longer be
treated as gasoline, and would instead be subject to new fuel quality
requirements that apply to all EFF (E16-83). This would allow EFF
blender pump-refiners to demonstrate compliance with the proposed fuel
quality requirements for the EFF they produce by maintaining PTDs for
the parent blends they use to make EFF and participating in an EFF
quality survey.
    Under the current regulations, the production of the E10 or E15
gasoline blends at blender pumps also subjects blender pump-refiners to
all of the gasoline refiner requirements. This proposal would provide a
streamlined means for producers of gasoline at blender pumps to
demonstrate compliance with these gasoline refiner requirements by
keeping the PTDs from the parent blends that were used. The proposed
provisions for producers of EFF and gasoline at blender pumps are
consistent with the common business practices and commensurate with the
ability of blender pump-refiners to affect the quality of the EFF and
gasoline (E15 and E10) they produce. Hence, we expect that these
proposed provisions would substantially reduce the cost of compliance
for blender pump-refiners.
    The proposed provisions for EFF include new registration,
reporting, recordkeeping, PTD, and fuel survey requirements for EFF
full-refiners and bulk blender-refiners as well as recordkeeping
requirements for distributors and retailers of EFF and manufacturers of
additives for use in EFF. To support the proposed provisions to allow
the use of certified natural gasoline EFF blendstock, this proposal
also includes registration, batch testing, reporting, recordkeeping,
and PTD requirements for natural gasoline EFF blendstock refiners and

importers. The proposed requirements are consistent with other EPA fuel
programs, and the associated costs are modest and necessary to support
EPA compliance oversight.\355\ The use of natural gasoline as an EFF
blendstock would represent a new market opportunity to natural gasoline
producers. We anticipate that there would be sufficient economic
incentive to producers of natural gasoline to overcome the burden of
entry into this new outlet for their natural gasoline product. However,
natural gasoline producers would not be compelled to do so and could
choose to continue to use existing market outlets for their product.
---------------------------------------------------------------------------

    \355\ These costs are discussed in the ICR associated with this
rule, as summarized in section XI.B of this preamble.
---------------------------------------------------------------------------

3. Other Proposed RFS and Fuels Program Revisions
    The EPA does not anticipate that there would be any significant
costs associated with the proposed revisions to the RFS and other fuels
programs discussed in sections V, VI, VIII, and IX of this preamble.

XI. Statutory and Executive Order Reviews

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 because it
raises novel legal or policy issues. Any changes made in response to
OMB recommendations have been documented in the docket.

B. Paperwork Reduction Act (PRA)

    The information collection activities in this proposed rule have
been submitted for approval to OMB under the PRA. The Information
Collection Request (ICR) document that the EPA prepared has been
assigned EPA ICR numbers 2545.01 (for the proposed biointermediates
provisions) and 2544.01 (for the proposed EFF provisions). You can find
a copy of the ICR in the docket for this rule, and it is briefly
summarized here.
    The information to be collected for the proposed biointermediate
provisions are based on the proposed registration, recordkeeping,
reporting, and PTD requirements in 40 CFR part 80, subpart M, which
would be mandatory for biointermediate producers and renewable fuel
producers that use a biointermediate. The proposed recordkeeping,
reporting, and PTD requirements require only the specific information
needed to determine compliance. All information submitted to the EPA
pursuant to the recordkeeping and reporting requirements for which a
claim of confidentiality is made is safeguarded according to the EPA
policies set forth in 40 CFR part 2, subpart B.
    Respondents/affected entities: Biointermediate producers and
renewable fuel producers.
    Respondent's obligation to respond: Mandatory. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414).
    Estimated number of respondents: 45.
    Frequency of response: Annually, quarterly.
    Total estimated burden: 100,532 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $4,030,939 (per year).
    The information to be collected for the proposed EFF provisions are
based on the proposed registration, recordkeeping, reporting, and PTD
requirements in 40 CFR part 80, subpart N, which would be mandatory for
producers of EFF and natural gasoline EFF blendstock. The proposed
recordkeeping, reporting, and PTD requirements require only the
specific information needed to determine compliance. All information
submitted to the EPA pursuant to the recordkeeping and reporting
requirements for which a claim of confidentiality is made is
safeguarded according to the EPA policies set forth in 40 CFR part 2,
subpart B.
    Respondents/affected entities: EFF refiners and importers, natural
gasoline EFF blendstock refiners and importers, independent surveyors,
and independent auditors.
    Respondent's obligation to respond: Mandatory. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414).
    Estimated number of respondents: 1,850.
    Frequency of response: Annually.
    Total estimated burden: 44,826 hours (per year). Burden is defined
at 5 CFR 1320.3(b).
    Total estimated cost: $4,577,031 (per year).
    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 the
EPA's regulations in 40 CFR are listed in 40 CFR part 9.
    Submit your comments on the EPA's need for this information, the
accuracy of the provided burden estimates and any suggested methods for
minimizing respondent burden to the 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 via email to
<EMAIL_ADDRESS>Attention: Desk Officer for the EPA.
Since OMB is required to make a decision concerning the ICR between 30
and 60 days after receipt, OMB must receive comments no later than
December 16, 2016. The EPA will respond to any ICR-related comments in
the final rule.

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, 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. The small entities directly regulated by
this proposed rule are primarily EFF refiners, biointermediate
producers, and renewable fuel producers. To the extent small EFF
refiners take advantage of the flexibilities provided by this action,
it will only result in a cost savings. The requisite compliance
requirements that go along with the proposed flexibilities will impose
only minor costs in comparison to the savings; otherwise parties would
not take advantage of the flexibility offered. Similarly, we do not
believe that a small biointermediate producer or renewable fuel
producer would choose to take advantage of the proposed program for
biointermediates unless there was sufficient economic incentive for
them to do so. Current small renewable fuel producers would not be
compelled to use biointermediates, and as such, any costs associated
with these provisions are purely voluntary. We do not anticipate that
there will be any significant costs associated with the other proposed
revisions to the RFS and other fuels programs. We have therefore
concluded that this action will have no net regulatory burden for all
directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does

not significantly or uniquely affect small governments. The action
implements mandates specifically and explicitly set forth in CAA
section 211(o) without the exercise of any policy discretion by the
EPA. The action imposes no enforceable duty on any state, local, or
tribal governments.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

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

    This action does not have tribal implications as specified in
Executive Order 13175. This proposed rule will be implemented at the
Federal level and affects transportation fuel refiners, blenders,
marketers, distributors, importers, exporters, and renewable fuel
producers and importers. Tribal governments would be affected only to
the extent they produce, purchase, and use regulated fuels. Thus,
Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the 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 implements specific standards
established by Congress in statutes (CAA section 211(o)).

H. 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 provides a new/expanded
market opportunity for natural gasoline, allows renewable fuel
suppliers to take advantage of biointermediate feedstocks that might
make fuel production more economical, and proposes various other
revisions to the RFS program. There are no additional costs for sources
in the energy supply, distribution, or use sectors.

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

    This action involves technical standards. The EPA proposes to
update a number of regulations that already contain voluntary consensus
standards, practices, and specifications to more recent versions of
these standards, and to propose the use of VCS for motor vehicle
gasoline, EFF, natural gasoline EFF blendstock, butane, and pentane. In
accordance with the requirements of 1 CFR 51.5, the EPA is proposing to
incorporate by reference the use of ASTM test methods listed below in
Table XI.I-1. A detailed discussion of these test methods can be found
in sections IV.F.2, IX.A, and IX.C of this preamble. The standards may
be obtained through the ASTM Web site (www.astm.org) or by calling ASTM
at<PHONE_NUMBER>.
    This proposed rulemaking also involves environmental monitoring or
measurement. Consistent with the EPA's PBMS approach, in this proposal
we have decided to seek comment on to allow the use of any method that
meets prescribed performance criteria for sulfur in pentane, as well as
sulfur, benzene, aromatic content, distillation, RVP, and oxygenate
content in EFF and natural gasoline EFF blendstock. 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. The EPA is proposing not to
preclude the use of any one method, whether it constitutes a VCS or
not, as long as it meets the performance criteria specified in this
proposal.

 Table XI.I-1--Designated Analytical Test Methods and Specifications for
     Gasoline, Denatured Fuel Ethanol for Use With Gasoline, Diesel,
Biodiesel, Pentane, Ethanol Flex Fuel, and Natural Gasoline Ethanol Flex
                             Fuel Blendstock
------------------------------------------------------------------------
                                            Designated analytical method
      Fuel parameter or specification             or specification
------------------------------------------------------------------------
Manual sampling...........................  ASTM D4057-12.
Automated sampling........................  ASTM D4177-95 (Reapproved
                                             2010).
Sample compositing........................  ASTM D5854.
Standard Practice for Sampling and          ASTM D5842-07.
 Handling of Fuels for Volatility
 Measurement.
Sulfur in EFF and Natural Gasoline EFF      ASTM D2622-10.
 Blendstock.
Sulfur in EFF and Natural Gasoline EFF      ASTM D1266-13.
 Blendstock.
Sulfur in EFF and Natural Gasoline EFF      ASTM D3120-08 (Reapproved
 Blendstock.                                 2014).
Sulfur in EFF and Natural Gasoline EFF      ASTM D5453-12.
 Blendstock.
Sulfur in EFF and Natural Gasoline EFF      ASTM D6920-13.
 Blendstock.
Sulfur in EFF and Natural Gasoline EFF      ASTM D7220-12.
 Blendstock.
Sulfur in EFF and Natural Gasoline EFF      ASTM D7039-13.
 Blendstock.
Benzene in EFF and Natural Gasoline EFF     ASTM D5769-10.
 Blendstock.
Benzene in EFF and Natural Gasoline EFF     ASTM D5580-13.
 Blendstock.
Benzene in EFF and Natural Gasoline EFF     ASTM D3606-10.
 Blendstock.
Benzene in EFF and Natural Gasoline EFF     ASTM D6730-01 (Reapproved
 Blendstock.                                 2010).
RVP in EFF and Natural Gasoline EFF         ASTM D5191-13.
 Blendstock.
RVP in EFF and Natural Gasoline EFF         ASTM D5842-14.
 Blendstock.
RVP in EFF and Natural Gasoline EFF         ASTM D6378-10.
 Blendstock.
Distillation in Natural Gasoline EFF        ASTM D86-12.
 Blendstock.
Oxygenate Content in EFF and Natural        ASTM D5599-00 (Reapproved
 Gasoline EFF Blendstock.                    2010).
Oxygenate Content in EFF and Natural        ASTM D4815-15a.
 Gasoline EFF Blendstock.
Benzene in Motor Vehicle Gasoline.........  ASTM D5769-10.
Aromatics in Pentane......................  ASTM D6730-01 (Reapproved
                                             2011).
Aromatics in Pentane......................  ASTM D6729-14.

Benzene in Pentane........................  ASTM D6730-01 (Reapproved
                                             2011).
Benzene in Pentane........................  ASTM D6729-14.
C6 plus hydrocarbons in Pentane...........  ASTM D6730-01 (Reapproved
                                             2011).
C6 plus hydrocarbons in Pentane...........  ASTM D6729-14.
Standard Guide for Use of Petroleum         ASTM D1250-08 (2013).
 Measurement Tables.
Standard Test Method for Laboratory         ASTM D4444-13.
 Standardization and Calibration of Hand-
 Held Moisture Mixtures.
Standard Test Method for the Analysis of    ASTM E870-82 (2013).
 Wood Fuels.
Standard Specification for Biodiesel        ASTM D6751-15.
 Blendstock (B100) for Middle Distillate
 Fuels.
Standard Practice for Using Significant     ASTM E29-13.
 Digits in Test Data to Determine
 Conformance with Specifications.
Standard Specification for Diesel Fuel      ASTM D975-15.
 Oils.
Standard Specification for Gasoline.......  ASTM D4814-14b.
Standard Specification for Denatured Fuel   ASTM D4806-15.
 Ethanol for use with gasoline.
------------------------------------------------------------------------

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

    The EPA believes the human health or environmental risk addressed
by this action will not have potential disproportionately high and
adverse human health or environmental effects on minority, low-income,
or indigenous populations. 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 the fuel programs and RFS regulations and
therefore will not cause emissions increases from these sources.

List of Subjects in 40 CFR Part 79

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

List of Subjects in 40 CFR Part 80

    Fuel additives, Gasoline, Imports, Incorporation by reference,
Labeling, Motor vehicle pollution, Penalties, Reporting and
recordkeeping requirements.

    Dated: October 3, 2016.
Gina McCarthy,
Administrator.

    For the reasons set forth in the preamble, the EPA proposes to
amend 40 CFR parts 79 and 80 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 D--Designation of Fuels and Additives

0
2. Section 79.32 is amended by revising paragraph (a)(3) to read as
follows:

Sec.  79.32  Motor vehicle gasoline.

    (a) * * *
    (3) Motor vehicle gasoline, leaded, non-premium--motor vehicle
gasoline that contains more than 0.05 gram of lead per gallon but is
not sold as ``premium.'' The Act defines the term ``motor vehicle'' to
mean any self-propelled vehicle designed for transporting persons or
property on a street or highway. For purposes of this registration,
however, gasoline specifically blended and marketed for motorcycles,
flexible fuel vehicles as defined in 40 CFR 86.1803-01, or flexible
fuel engines as defined in 40 CFR 1054.801, is excluded.
* * * * *

Subpart F--Testing Requirements for Registration

0
3. Section 79.51 is amended by revising the last sentence of paragraph
(f)(6)(iii) to read as follows:

Sec.  79.51  General requirements and provisions.

* * * * *
    (f) * * *
    (6) * * *
    (iii) * * * The registrants' communications should be sent to the
following address: Attn: Fuel/Additives Registration, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Mail Code
6405A, Washington, DC 20460.
* * * * *
0
4. Section 79.59 is amended by revising the last sentence of paragraph
(a)(1) introductory text to read as follows:

Sec.  79.59  Reporting requirements.

    (a) * * *
    (1) * * * Forms for submitting this data may be obtained from EPA
at the following address: Attn: Fuel/Additives Registration, U.S.
Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Mail Code
6405A, Washington, DC 20460.
* * * * *

PART 80--REGULATION OF FUEL AND FUEL ADDITIVES

0
5. 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
6. Section 80.2 is amended by:
0
a. Revising paragraphs (h) and (l);
0
b. Adding paragraphs (p) and (q);
0
c. Revising paragraphs (r) and (t);
0
d. Adding paragraph (aa); and
0
e. Revising paragraphs (vvv) and (aaaa).
    The revisions and additions read as follows:

Sec.  80.2  Definitions.

* * * * *
    (h) Refinery means any facility, including but not limited to, a
plant, tanker truck, or vessel where gasoline, diesel fuel, ethanol
flex fuel, or natural gasoline ethanol flex fuel blendstock is
produced, including any facility at which blendstocks are combined to
produce gasoline, diesel fuel, ethanol flex fuel, or natural gasoline
ethanol flex fuel blendstock, or at which blendstock is added to
gasoline, diesel fuel, ethanol

flex fuel, or natural gasoline ethanol flex fuel blendstock.
* * * * *
    (l) Distributor means any person who transports or stores or causes
the transportation or storage of gasoline, diesel fuel, ethanol flex
fuel, or natural gasoline ethanol flex fuel blendstock at any point
between any gasoline, diesel fuel, ethanol flex fuel, or natural
gasoline ethanol flex fuel refinery or importer's facility and any
retail outlet or wholesale purchaser-consumer's facility.
* * * * *
    (p) Blendstock for oxygenate blending or BOB means gasoline
blendstock (RBOB, CBOB, or GTAB) that could become finished gasoline
solely upon the addition of an oxygenate.
    (q) Ethanol Flex Fuel or EFF means a fuel that is not gasoline, has
an ethanol content greater than that covered under a waiver obtained
from the Administrator pursuant to the requirements of Clear Air Act
section 211(f)(4), contains 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.
    (r) Importer means a person who imports gasoline, gasoline blending
stocks or components, diesel fuel, ethanol flex fuel, or natural
gasoline ethanol fuel blendstock 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).
* * * * *
    (t) Carrier means any distributor who transports or stores or
causes the transportation or storage of gasoline, diesel fuel, BOB,
ethanol flex fuel, or natural gasoline ethanol flex fuel blendstock
without taking title to or otherwise having any ownership of the
gasoline, diesel fuel, BOB, ethanol flex fuel, or natural gasoline
ethanol flex fuel blendstock and without altering either the quality or
quantity of the gasoline, diesel fuel, BOB, ethanol flex fuel, or
natural gasoline ethanol flex fuel blendstock.
* * * * *
    (aa) Natural gasoline ethanol flex fuel blendstock means a mixture
of hydrocarbons composed mostly of pentanes that is separated either
from natural gas at a natural gas processing plant or from crude oil at
a petroleum refinery, and that is blended into, intended to be blended
into, or offered to be blended into ethanol flex fuel.
* * * * *
    (vvv) Denatured Fuel Ethanol or DFE means an alcohol of the
chemical formula C2H6O that contains an ethanol
denaturant to make it unfit for human consumption, is used or is
intended for use to produce gasoline or ethanol flex fuel, and meets
the requirements of Sec.  80.1610.
* * * * *
    (aaaa) Conventional gasoline blendstock for oxygenate blending or
CBOB means gasoline blendstock that could become conventional gasoline
solely upon the addition of oxygenate.
* * * * *
0
7. Section 80.8 is amended by revising the section heading and
introductory text to read as follows:

Sec.  80.8  Sampling methods for gasoline, diesel fuel, fuel additives,
ethanol flex fuel, natural gasoline ethanol flex fuel blendstock, and
renewable fuels.

    The sampling methods specified in this section shall be used to
collect samples of gasoline, diesel fuel, blendstocks, fuel additives,
ethanol flex fuel, natural gasoline ethanol flex fuel blendstock, and
renewable fuels for purposes of determining compliance with the
requirements of this part.
* * * * *
0
8. Section 80.9 is revised to read as follows:

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

    (a) For purposes of determining compliance with the fuel standards
of 40 CFR part 80, a test result will be rounded to the nearest unit of
significant digits specified in the applicable fuel standard in
accordance with the rounding method described in ASTM E29-13, Standard
Practice for Using Significant Digits in Test Data to Determine
Conformance with Specifications, approved August 1, 2013.
    (b) ASTM E29-13 is incorporated by reference. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy may be
obtained from the American Society for Testing and Materials, 100 Barr
Harbor Dr., West Conshohocken, PA 19428-2959. Copies may be inspected
at the Air Docket, EPA/DC, William Jefferson Clinton Building West,
Room B102, 1301 Constitution Ave. NW., Washington, DC, or at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, call<PHONE_NUMBER> or go
to:
0
9. Section 80.10 is added to read as follows:

Sec.  80.10  Addresses.

    (a) For submitting notifications, applications, petitions, or other
communications with the EPA, use one of the following addresses for
mailing:
    (1) For U.S. Mail: Attn: [TITLE AS DIRECTED], U.S. Environmental
Protection Agency, 1200 Pennsylvania Ave. NW., Mail Code 6405A,
Washington, DC 20460
    (2) For commercial service: Attn: [TITLE AS DIRECTED], U.S.
Environmental Protection Agency, William Jefferson Clinton Building
North, Mail Code 6405A, Room 6520V, 1200 Pennsylvania Ave. NW.,
Washington, DC 20004; Phone: 1-800-385-6164.
    (b) [Reserved]

Subpart B--Controls and Prohibitions

0
10. Section 80.27 is amended by revising paragraphs (b) and (e)(1)(i)
to read as follows:

Sec.  80.27  Controls and prohibitions on gasoline volatility.

* * * * *
    (b) Determination of compliance. Compliance with the standards
listed in paragraph (a) of this section shall be determined by the use
of the sampling methodologies specified in Sec.  80.8 and the testing
methodology specified in Sec.  80.46(c) until December 31, 2015, and
Sec.  80.47 beginning January 1, 2016.
* * * * *
    (e) * * *
    (1) * * *
    (i) Any person may request a testing exemption by submitting an
application that includes all the information listed in paragraphs
(e)(3) through (6) of this section to the attention of ``Test
Exemptions'' to the address in Sec.  80.10(a).
* * * * *

Subpart D--Reformulated Gasoline

0
11. Section 80.46 is amended by:
0
a. Revising paragraphs (a), (b), (d), (e), (f), and (g);
0
b. Redesignating paragraph (h) as paragraph (k) and adding new
paragraphs (h) through (j); and
0
c. Revising newly redesignated paragraph (k)(1).
    The revisions and additions read as follows:

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

    (a) Sulfur. Sulfur content of gasoline and butane must be
determined by use of the following methods:

    (1)(i) Through December 31, 2015, the sulfur content of gasoline
must be determined by ASTM D2622.
    (ii) Beginning January 1, 2016, the sulfur content of gasoline must
be determined by a test method approved under Sec.  80.47.
    (2)(i) Through December 31, 2015, the sulfur content of butane must
be determined by ASTM D6667.
    (ii) Beginning January 1, 2016, the sulfur content of butane must
be determined by a test method approved under Sec.  80.47.
    (b) Olefins. Olefin content must be determined by use of the
following methods:
    (1) Through December 31, 2015, olefin content must be determined
using ASTM D1319.
    (2) Beginning January 1, 2016, olefin content must be determined by
a test method approved under Sec.  80.47.
* * * * *
    (d) Distillation. Distillation parameters must be determined by use
of the following test methods:
    (1) Through December 31, 2015, distillation parameters must be
determined using ASTM D86.
    (2) Beginning January 1, 2016, distillation parameters must be
determined by a test method approved under Sec.  80.47. (Note: The
precision estimates for reproducibility in ASTM D86-12 do not apply;
see Sec.  80.47(h).)
    (e) Benzene. Benzene content must be determined by use of the
following test methods:
    (1) Through December 31, 2015, benzene content must be determined
using ASTM D5769 or ASTM D3606, except that ASTM D3606 instrument
parameters shall be adjusted to ensure complete resolution of the
benzene, ethanol, and methanol peaks because ethanol and methanol may
cause interference with ASTM D3606 when present.
    (2) Beginning January 1, 2016, benzene content must be determined
by a test method approved under Sec.  80.47.
    (f) Aromatic content. Olefin content must be determined by use of
the following methods:
    (1) Through December 31, 2015, aromatic content must be determined
using ASTM D5769, except the sample chilling requirements in section 8
of this standard method are optional.
    (2) Beginning January 1, 2016, aromatic content must be determined
by a test method approved under Sec.  80.47.
    (g) Oxygen and oxygenate content analysis. Oxygen and oxygenate
content must be determined by use of the following methods:
    (1) Through December 31, 2015, oxygen and oxygenate content must be
determined using ASTM D5599.
    (2) Beginning January 1, 2016, oxygen and oxygenate content must be
determined by a test method approved under Sec.  80.47.
    (h) Benzene in pentane. (1) Benzene content in pentane must be
determined using the primary test method ASTM D6730.
    (2) Any refiner, importer, or oxygenate blender may determine
benzene content in pentane using ASTM D6729 for purposes of meeting any
testing requirement, provided that the test result is correlated with
the method specified in paragraph (h)(1) of this section.
    (i) Aromatics in pentane. (1) Aromatic content in pentane must be
determined using the primary test method ASTM D6730.
    (2) Any refiner, importer, or oxygenate blender may determine
aromatic content in pentane using ASTM D6729 for purposes of meeting
any testing requirement, provided that the test result is correlated
with the method specified in paragraph (i)(1) of this section.
    (j) C6-plus hydrocarbons in pentane. (1) C6-plus hydrocarbon
content in pentane must be determined using the primary test method
ASTM D6730.
    (2) Any refiner, importer, or oxygenate blender may determine C6-
plus hydrocarbon content in pentane using ASTM D6729 for purposes of
meeting any testing requirement, provided that the test result is
correlated with the method specified in paragraph (j)(1) of this
section.
    (k) * * *
    (1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://www.astm.org:
    (i) ASTM D86-12, Standard Test Method for Distillation of Petroleum
Products at Atmospheric Pressure, approved December 1, 2012 (``ASTM
D86'').
    (ii) ASTM D1319-13, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved
May 1, 2013 (``ASTM D1319'').
    (iii) ASTM D2622-10, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry,
approved February 15, 2010 (``ASTM D2622'').
    (iv) ASTM D3606-10, Standard Test Method for Determination of
Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas
Chromatography, approved October 1, 2010 (``ASTM D3606'').
    (v) ASTM D5191-13, Standard Test Method for Vapor Pressure of
Petroleum Products (Mini Method), approved December 1, 2013 (``ASTM
D5191'').
    (vi) ASTM D5599-00 (Reapproved 2010), Standard Test Method for
Determination of Oxygenates in Gasoline by Gas Chromatography and
Oxygen Selective Flame Ionization Detection, approved October 1, 2010
(``ASTM D5599'').
    (vii) ASTM D5769-10, Standard Test Method for Determination of
Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas
Chromatography/Mass Spectrometry, approved May 1, 2010 (``ASTM
D5769'').
    (viii) ASTM D6667-10, Standard Test Method for Determination of
Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum
Gases by Ultraviolet Fluorescence, approved October 1, 2010 (``ASTM
D6667'').
    (ix) ASTM D6730-01 (Reapproved 2011), Standard Test Method for
Determination of Individual Components in Spark Ignition Fuels by 100-
Metre Capillary (Pre-Column) High-Resolution Gas Chromatography,
approved May 1, 2011 (``ASTM D6730'').
    (x) ASTM D6729-14, Standard Test Method for Determination of
Individual Components in Spark Ignition Fuels by 100-Metre Capillary
High-Resolution Gas Chromatography, approved October 1, 2014 (``ASTM
D6729'').
* * * * *
0
12. Section 80.47 is amended by:
0
a. Revising paragraphs (b), (c)(2)(i) and (ii), (c)(3), (d)(2), (e)(2),
(f)(2), (g)(2), (h)(2), (i)(2), (j)(2), and (l)(2)(i);
0
b. Adding paragraph (l)(2)(iii); and
0
c. Revising paragraphs (l)(4), (n)(1), (n)(2)(i), (o)(1), (o)(2)(i),
(p)(1), (p)(2)(i), and (p)(3)(i).
    The revisions and addition read as follows:

Sec.  80.47  Performance-based Analytical Test Method Approach.

* * * * *
    (b) Precision and accuracy criteria for approval for the absolute
fuel parameter of gasoline sulfur and pentane sulfur. (1) Precision.
Beginning January 1, 2016, for motor vehicle gasoline, gasoline
blendstock, pentane, and gasoline fuel additives subject to the
gasoline sulfur standard at Sec. Sec.  80.195 and 80.1603, the maximum
allowable standard deviation computed from the results of a minimum of
20 tests made over 20 days

(tests may be arranged into no fewer than five batches of four or fewer
tests each, with only one such batch allowed per day over the minimum
of 20 days) on samples using good laboratory practices taken from a
single homogeneous commercially available gasoline must be less than or
equal to 1.5 times the repeatability ``r'' divided by 2.77, where ``r''
equals the ASTM repeatability of ASTM D7039 (Example: A 10 ppm sulfur
gasoline sample: Maximum allowable standard deviation of 20 tests
<=1.5*(1.73ppm/2.77) = 0.94 ppm). The 20 results must be a series of
tests with a sequential record of analysis and no omissions. A
laboratory facility may exclude a given sample or test result only if
the exclusion is for a valid reason under good laboratory practices and
it maintains records regarding the sample and test results and the
reason for excluding them.
    (2) Accuracy. Beginning January 1, 2016, for motor vehicle
gasoline, gasoline blendstock, pentane, and gasoline fuel additives
subject to the gasoline sulfur standard at Sec. Sec.  80.195 and
80.1603:
    (i) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 1-10 ppm shall
not differ from the accepted reference value (ARV) of the standard by
more than 0.47 ppm sulfur, where the accuracy criteria is 0.75*(1.5*r/
2.77), where ``r'' is the repeatability (Example: 0.75*(1.5*1.15ppm/
2.77) = 0.47 ppm);
    (ii) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 10-20 ppm shall
not differ from the ARV of the standard by more than 0.94 ppm sulfur,
where the accuracy criteria is 0.75*(1.5*r/2.77), where ``r'' is the
repeatability (Example: 0.75*(1.5*2.30ppm/2.77) = 0.94 ppm); and
    (iii) In applying the tests of paragraphs (b)(2)(i) and (ii) of
this section, individual test results shall be compensated for any
known chemical interferences using good laboratory practices.
    (3) The test method specified at Sec.  80.46(a)(1) is exempt from
the requirements of paragraphs (b)(1) and (2) of this section.
    (c) * * *
    (2) * * *
    (i) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 1-10 ppm, say 10
ppm, shall not differ from the ARV of the standard by more than 0.47
ppm sulfur, where the accuracy criteria is 0.75*(1.5*r/2.77), where
``r'' is the repeatability (Example: 0.75*(1.5*1.15ppm/2.77) = 0.47
ppm);
    (ii) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 10-20 ppm, say 20
ppm, shall not differ from the ARV of the standard by more than 0.94
ppm sulfur, where the accuracy criteria is 0.75*(1.5*r/2.77), where
``r'' is the repeatability (Example: 0.75*(1.5*2.30ppm/2.77) = 0.94
ppm); and
* * * * *
    (3) The test method specified at Sec.  80.46(a)(2) is exempt from
the requirements of paragraphs (c)(1) and (2) of this section.
    (d) * * *
    (2) The test method specified at Sec.  80.46(b)(1) is exempt from
the requirements of paragraph (d)(1) of this section.
    (e) * * *
    (2) The test method specified at Sec.  80.46(f)(1) is exempt from
the requirements of paragraph (e)(1) of this section.
    (f) * * *
    (2) The test method specified at Sec.  80.46(g)(1) is exempt from
the requirements of paragraph (f)(1) of this section.
    (g) * * *
    (2) The test method specified at Sec.  80.46(c)(1) is exempt from
the requirements of paragraph (g)(1) of this section.
    (h) * * *
    (2) The test method specified at Sec.  80.46(d)(1) is exempt from
the requirements of paragraph (h)(1) of this section.
    (i) * * *
    (2) The test methods specified at Sec.  80.46(e)(1) are exempt from
the requirements of paragraph (i)(1) of this section.
    (j) * * *
    (2) The test method specified at Sec.  80.2(z) is exempt from the
requirements of paragraph (j)(1) of this section.
* * * * *
    (l) * * *
    (2)(i) The test facility demonstrates that the test method meets
the applicable precision information for the method-defined or non-VCSB
absolute fuel parameter as described in this section.
* * * * *
    (iii) For the non-VCSB absolute fuel parameter of sulfur in
gasoline, butane, and pentane, the test facility shall include
information demonstrating that the comparison of the non-VCSB test
method and respective designated primary test method results in sample
specific biases that are determined as random. If the sample specific
biases through use of ASTM D6708 between the non-VCSB test method and
designated primary test method cannot be determined as random, the non-
VCSB test method is disqualified from approval.
* * * * *
    (4) The test methods specified at Sec. Sec.  80.2(z) and
80.46(a)(1), (a)(2), (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), and (g)(1)
are exempt from the requirements of paragraphs (l)(1) through (3) of
this section.
* * * * *
    (n) * * *
    (1)(i) Accuracy SQC. Every facility shall conduct tests on every
instrument with a commercially available gravimetric reference
material, or check standard as defined in ASTM D6299 at least three
times a year using good laboratory practices. The facility must
construct ``MR'' and ``I'' charts with control lines as described in
section 8.4 and appropriate Annex sections of this standard practice.
In circumstances where the absolute difference between the mean of
multiple back-to-back tests of the standard reference material and the
ARV of the standard reference material is greater than 0.75 times the
published reproducibility of the test method, the cause of such
difference must be investigated by the facility. Records of the
standard reference materials measurements as well as any investigations
into any exceedance of these criteria must be kept for a period of five
years.
    (ii) The expanded uncertainty of the ARV of consensus named fuels
shall be included in the following accuracy qualification criterion:
Accuracy qualification criterion = square root [(0.75R)[supcaret]2 +
(0.75R)[supcaret]2/L], where L = the number of single results obtained
from different labs used to calculate the consensus ARV.
    (2)(i) Precision SQC. Every facility shall conduct tests of every
instrument with a quality control material as defined in paragraph
3.2.8 in ASTM D6299 either once per week or once per every 20
production tests, whichever is more frequent. The facility must
construct and maintain an ``I'' chart as described in section 8 and
section A1.5.1 and a ``MR'' chart as described in section A1.5.4. Any
violations of control

limit(s) shall be investigated by personnel of the facility and records
kept for a period of five years. The test facility's long term site
precision standard deviation, as demonstrated by the ``I'' chart and
``M'' chart, must meet the applicable precision criterion as described
in paragraph (b)(1) or (c)(1) of this section.
* * * * *
    (o) * * *
    (1)(i) Accuracy SQC. Every facility shall conduct tests of every
instrument with a commercially available check standard as defined in
ASTM D6299 at least three times a year using good laboratory practices.
The check standard must be an ordinary fuel with levels of the fuel
parameter of interest close to either the applicable regulatory
standard or the average level of use for the facility. For facilities
using a VCSB designated method defined test method, the ARV of the
check standard must be determined by the respective designated test
method for the fuel parameter following the guidelines of ASTM D6299.
Facilities using a VCSB alternative method defined test method must use
the ARV of the check standard as determined in a VCSB Inter Laboratory
Crosscheck Program (ILCP) or a commercially available ILCP following
the guidelines of ASTM D6299. If the ARV is not provided in the ILCP,
accuracy must be assessed based upon the respective EPA-designated test
method using appropriate production samples. The facility must
construct ``MR'' and ``I'' charts with control lines as described in
section 8.4 and appropriate Annex sections of this standard practice.
In circumstances where the absolute difference between test results and
the ARV of the check standard based on the designated primary test
method is greater than 0.75 times the published reproducibility of the
designated primary test method, the cause of such difference must be
investigated by the facility. Participation in a VCSB ILCP or a
commercially available ILCP meeting the ASTM D6299 requirements for
ILCP check standards, based on the designated primary test method, at
least three times a year, and, meeting the requirements in this section
for absolute differences between the test results and the ARV of the
check standard based on the designated primary test method of less than
0.75 times the published reproducibility of the designated primary test
method obtained through participation in the ILCP satisfies this
Accuracy SQC requirement (Examples of VCSB ILCPs: ASTM Reformulated
Gasoline ILCP or ASTM motor gasoline ILCP). Records of the standard
reference materials measurements as well as any investigations into any
exceedance of these criteria must be kept for a period of five years.
    (ii) The expanded uncertainty of the ARV of consensus named fuels
shall be included in the following accuracy qualification criterion:
Accuracy qualification criterion = square root [(0.75R)-2 + (0.75R)-2/
L], where L = the number of single results obtained from different labs
used to calculate the consensus ARV.
    (2)(i) Precision SQC. Every facility shall conduct tests of every
instrument with a quality control material as defined in paragraph
3.2.8 in ASTM D6299 either once per week or once per every 20
production tests, whichever is more frequent. The facility must
construct and maintain an ``I'' chart as described in section 8 and
section A1.5.1 and a ``MR'' chart as described in section A1.5.4. Any
violations of control limit(s) shall be investigated by personnel of
the facility and records kept for a period of five years. The test
facility's long term site precision standard deviation, as demonstrated
by the ``I'' chart and ``M'' chart, must meet the applicable precision
criterion as described in paragraph (d)(1), (e)(1), (f)(1), (g)(1),
(h)(1), (i)(1), or (j)(1) of this section.
* * * * *
    (p) * * *
    (1)(i) Accuracy SQC for Non-VCSB Method-Defined test methods with
minimal matrix effects. Every facility shall conduct tests on every
instrument with a commercially available check standard as defined in
the ASTM D6299 at least three times a year using good laboratory
practices. The check standard must be an ordinary fuel with levels of
the fuel parameter of interest close to either the applicable
regulatory standard or the average level of use for the facility.
Facilities using a Non-VCSB alternative method defined test method must
use the ARV of the check standard as determined in either a VCSB Inter
Laboratory Crosscheck Program (ILCP) or a commercially available ILCP
following the guidelines of ASTM D6299. If the ARV is not provided in
the ILCP, accuracy must be assessed based upon the respective EPA
designated test method using appropriate production samples. The
facility must construct ``MR'' and ``I'' charts with control lines as
described in section 8.4 and appropriate Annex sections of this
standard practice. In circumstances where the absolute difference
between the mean of multiple back-to-back tests of the standard
reference material and the ARV of the standard reference material is
greater than 0.75 times the published reproducibility of the fuel
parameter's respective designated test method, the cause of such
difference must be investigated by the facility. Records of the
standard reference materials measurements as well as any investigations
into any exceedance of these criteria must be kept for a period of five
years.
    (ii) The expanded uncertainty of the ARV of consensus named fuels
shall be included in the following accuracy qualification criterion:
Accuracy qualification criterion = square root [(0.75R)-2 + (0.75R)-2/
L], where L = the number of single results obtained from different labs
used to calculate the consensus ARV.
    (2)(i) Accuracy SQC for Non-VCSB Method-Defined test methods with
high sensitivity to matrix effects. Every facility shall conduct tests
on every instrument with a production fuel on at least a quarterly
basis using good laboratory practices. The production fuel must be
representative of the production fuels that are routinely analyzed by
the facility. The ARV of the production fuel must be determined by the
respective reference installation of the designated test method for the
fuel parameter following the guidelines of ASTM D6299. The facility
must construct ``MR'' and ``I'' charts with control lines as described
in section 8.4 and appropriate Annex sections of this standard
practice. In circumstances where the absolute difference between the
mean of multiple back-to-back tests of the standard reference material
and the ARV of the standard reference material is greater than 0.75
times the published reproducibility of the test method must be
investigated by the facility. Documentation on the identity of the
reference installation and its control status must be maintained on the
premises of the method-defined alternative test method. Records of the
standard reference materials measurements as well as any investigations
into any exceedances of this criterion must be kept for a period of
five years.
* * * * *
    (3)(i) Precision SQC. Every facility shall conduct tests of every
instrument with a quality control material as defined in paragraph
3.2.8 in ASTM D6299 either once per week or once per every 20
production tests, whichever is more frequent. The facility must
construct and maintain an ``I'' chart as described in section 8 and
section A1.5.1 and a ``MR'' chart as described in section A1.5.4. Any
violations of control

limit(s) shall be investigated by personnel of the facility and records
kept for a period of five years. The test facility's long term site
precision standard deviation, as demonstrated by the ``I'' chart and
``M'' chart, must meet the applicable precision criterion as described
in paragraph (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), (g)(1), (h)(1),
(i)(1) or (j)(1) of this section.
* * * * *
0
13. Section 80.69 is amended by revising paragraph (a)(11)(viii)(C) to
read as follows:

Sec.  80.69  Requirements for downstream oxygenate blending.

    (a) * * *
    (11) * * *
    (viii) * * *
    (C) The survey plan must be sent to the attention of ``RFG Program
(Survey Plan)'' to the address in Sec.  80.10(a);
* * * * *

Subpart E--Anti-Dumping

0
14. Section 80.93 is amended by revising paragraph (d)(4) to read as
follows:

Sec.  80.93  Individual baseline submission and approval.

* * * * *
    (d) * * *
    (4) For U.S. Postal delivery, the petition shall be sent to the
attention of ``RFG Program (Baseline Petition)'' to the address in
Sec.  80.10(a).
* * * * *

Subpart F--Attest Engagements

0
15. Section 80.130 is amended by revising paragraph (a)(2) to read as
follows:

Sec.  80.130  Agreed upon procedures reports.

    (a) * * *
    (2) The CPA or CIA shall provide a copy of the auditor's report to
the EPA within the time specified in Sec.  80.75(m).
* * * * *

Subpart G--Detergent Gasoline

0
16. Section 80.164 is amended by revising the first two sentences of
paragraph (a)(5) to read as follows:

Sec.  80.164  Certification test fuels.

    (a) * * *
    (5) Unless otherwise required by this section, finished test fuels
must conform to the requirements for commercial gasoline described in
ASTM D 4814-14b, Standard Specification for Automotive Spark-Ignition
Engine Fuel, approved October 1, 2014, which is incorporated by
reference. This incorporation by reference was approved by the Director
of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR
part 51. Copies may be inspected at U.S. Environmental Protection
Agency, William Jefferson Clinton Building West, Room B102, 1301
Constitution Ave. NW., Washington, DC 20460, or at the National
Archives and Records Administration (NARA). * * *
* * * * *
0
17. Section 80.169 is amended by revising paragraph (c)(9)(v) to read
as follows:

Sec.  80.169  Liability for violations of the detergent certification
program controls and prohibitions.

* * * * *
    (c) * * *
    (9) * * *
    (v) In all such instances, a curing VAR must be created and
maintained, which documents the use of the appropriate equation as
specified above, and otherwise complies with the requirements of Sec.
80.170(f)(7).
0
18. Section 80.170 is amended by redesignating paragraphs (f)(4)
through (6) as (f)(5) through (7) and adding a new paragraph (f)(4) to
read as follows:

Sec.  80.170  Volumetric additive reconciliation (VAR), equipment
calibration, and recordkeeping requirements.

* * * * *
    (f) * * *
    (4) For all detergent blending facilities, a record specifying, for
each VAR period, the total volume in gallons of unadditized base
gasoline used to produce ethanol flex fuel pursuant to the requirements
of subpart N of this part;
* * * * *
0
19. Section 80.173 is amended by adding paragraph (d) to read as
follows:

Sec.  80.173  Exemptions.

* * * * *
    (d) Ethanol flex fuel exemption. Any gasoline or blendstock for
oxygenate blending used to make ethanol flex fuel, as defined in Sec.
80.2(q), is exempt from the provisions of this subpart, provided the
ethanol flex fuel is in compliance with all applicable requirements of
subpart N of this part.
0
20. Section 80.174 is amended by revising paragraphs (b) and (c) to
read as follows:

Sec.  80.174  Addresses.

* * * * *
    (b) Other detergent registration and certification data, and
certain other information which may be specified in this subpart, shall
be sent to the attention of ``Detergent Additive Certification'' to the
address in Sec.  80.10(a).
    (c) Notifications to EPA regarding program exemptions, detergent
dilution and commingling, and certain other information which may be
specified in this subpart, shall be sent to the attention of
``Detergent Enforcement Program'' to the address in Sec.  80.10(a).
0
21. Section 80.177 is amended by revising paragraphs (d)(1)(i) and (ii)
to read as follows:

Sec.  80.177  Certification test fuels for use with the alternative
test procedures and standards.

* * * * *
    (d) * * *
    (1) * * *
    (i) ASTM D4806-15, Standard Specification for Denatured Fuel
Ethanol for Blending with Gasolines for Use as Automotive Spark-
Ignition Engine Fuel, approved April 1, 2015.
    (ii) ASTM D4814-14b, Standard Specification for Automotive Spark-
Ignition Engine Fuel, approved October 1, 2014.
* * * * *

Subpart H--Gasoline Sulfur

0
22. Section 80.235 is amended by revising paragraph (b) to read as
follows:

Sec.  80.235  How does a refiner obtain approval as a small refiner?

* * * * *
    (b) Applications for small refiner status must be sent to the
attention of ``Gasoline Sulfur Program (Small Refiner)'' to the address
in Sec.  80.10(a).
* * * * *
0
23. Section 80.290 is amended by revising paragraph (b) to read as
follows:

Sec.  80.290  How does a refiner apply for a sulfur baseline?

* * * * *
    (b) The sulfur baseline request must be sent to the attention of
``Gasoline Sulfur Program (Sulfur Baseline)'' to the address in Sec.
80.10(a).
* * * * *

Subpart I--Motor Vehicle Diesel Fuel; Nonroad, Locomotive, and
Marine Diesel Fuel; and ECA Marine Fuel

0
24. Section 80.533 is amended by revising paragraph (b) as follows:

Sec.  80.533  How does a refiner or importer apply for a motor vehicle
or non-highway baseline for the generation of NRLM credits or the use
of the NRLM small refiner compliance options?

* * * * *

    (b) The baseline must be sent to the attention of ``Nonroad Rule
Diesel Fuel Baseline'' to the address in Sec.  80.10(a).
* * * * *
0
25. Section 80.574 is amended by revising paragraph (b) as follows:

Sec.  80.574  What labeling requirements apply to retailers and
wholesale purchaser-consumers of ECA marine fuel beginning June 1,
2014?

* * * * *
    (b) Alternative labels to those specified in paragraph (a) of this
section may be used as approved by EPA. Send requests to the attention
of ``ECA Marine Fuel Alternative Label Request'' to the address in
Sec.  80.10(a).
0
26. Section 80.585 is amended by:
0