(n) Accuracy and Precision Statistical Quality Control (SQC) Requirements for the Absolute Fuel Parameters.  Beginning November 30, 2014, a test shall not be considered a test using an approved test method unless the following quality control procedures are performed separately for each instrument used to make measurements:

(1) Accuracy SQC.  Every facility shall conduct tests on every instrument with a commercially available gravimetric reference material, or check standard as defined in the ASTM International standard practice D6299 (incorporated by reference, see paragraph (r) of this section) on at least a quarterly basis using good laboratory practices.  The facility must pre-treat and assess results from the check standard testing after at least 15 testing occasions as described in section 8.2 of this standard practice.  The facility must 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 accepted reference value of the standard reference material is greater than 0.75 times the published reproducibility of the test method must be investigated by the facility.  Records of the standard reference materials measurements as well as any investigations into any exceedance of these criteria must be kept for a period of 5 years.

(2)(i) Precision SQC.  Every facility shall conduct tests on every instrument with a quality control material as defined in paragraph 3.2.3 in ASTM International D6299 (incorporated by reference, see paragraph (r) of this section) either once per week or once per every 20 productions tests, whichever is more frequent.  The facility must construct and maintain an "I" chart as described in section 7 and section A1.5.1 and a "MR" chart as described in section A1.5.2.  Any violations of control limit(s) should be investigated by personnel of the facility and records kept for a period of 5 years.

(ii) Validation of New QC Material.  When a test facility is making a transition from one batch of QC material to the next batch of QC material, the facility will follow the "Q-Procedure" in Annex 1.9 of ASTM International standard practice D6299 (incorporated by reference, see paragraph (r) of this section).  In following the Q-Procedure if the plot of results from the old and new QC materials on its respective chart shows no special-cause signals, then the result of the new QC material will be considered valid.  These records must be kept by the facility for a period of 5 years.

(o) Accuracy and Precision Statistical Quality Control (SQC) Requirements for the Voluntary Consensus Standard Based (VCSB) Method-Defined Fuel Parameters.  Beginning November 30, 2014, a test shall not be considered a test using an approved test method unless the following quality control procedures are performed separately for each instrument used to make measurements:

(1) Accuracy SQC.  Every facility shall conduct tests of every instrument with a commercially available check standard as defined in the ASTM International standard practice D6299 (incorporated by reference, see paragraph (r) of this section) on at least a quarterly basis using good laboratory practices.  The check standard must be an ordinary fuel with levels of the fuel parameter of interest close to either the applicable regulatory standard or the average level of use for the facility.  The Accepted Reference Value of the check standard must be determined by the respective designated test method for the fuel parameter following the guidelines of ASTM International standard practice D6299.  The facility must pre-treat and assess results from the check standard testing after at least 15 testing occasions as described in section 8.2 of this standard practice.  The facility must construct "MR" and "I" charts with control lines as described in section 8.4 and appropriate Annex sections of this standard practice.  In circumstances where the absolute difference between the mean of multiple back-to-back tests of the standard reference material and the accepted reference value of the standard reference material is greater than 0.75 times the published reproducibility of the test method must be investigated by the facility.  Records of the standard reference materials measurements as well as any investigations into any exceedance of these criteria must be kept for a period of 5 years.

(2)(i) Precision SQC.  Every facility shall conduct tests of every instrument with a quality control material as defined in paragraph 3.2.3 in ASTM International D6299 (incorporated by reference, see paragraph (r) of this section) either once per week or once per every 20 productions tests, whichever is more frequent.  The facility must construct and maintain an "I" chart as described in section 7 and section A1.5.1 and a "MR" chart as described in section A1.5.2.  Any violations of control limit(s) should be investigated by personnel of the facility and records kept for a period of 5 years.

(ii) Validation of New QC Material.  When a test facility is making a transition from one batch of QC material to the next batch of QC material, the facility will follow the "Q-Procedure" in Annex 1.9 of ASTM International standard practice D6299 (incorporated by reference, see paragraph (r) of this section).  In following the Q-Procedure if the plot of results from the old and new QC materials on its respective chart shows no special-cause signals, then the result of the new QC material will be considered valid.  These records must be kept by the facility for a period of 5 years.

(p) Accuracy and Precision Statistical Quality Control (SQC) Requirements for the Non-Voluntary Consensus Standard Based (Non-VCSB) Method-Defined Fuel Parameters.  Beginning November 30, 2014, a test shall not be considered a test using an approved test method unless the following quality control procedures are performed separately for each instrument used to make measurements:

(1) Accuracy SQC 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 International standard practice D6299 (incorporated by reference, see paragraph (r) of this section) on at least a quarterly basis using good laboratory practices.  The check standard must be an ordinary fuel with levels of the fuel parameter of interest close to either the applicable regulatory standard or the average level of use for the facility.  The Accepted Reference Value of the check standard must be determined by the respective designated test method for the fuel parameter following the guidelines of ASTM International standard practice D6299.  The facility must pre-treat and assess results from the check standard testing after at least 15 testing occasions as described in section 8.2 of this standard practice.  The facility must construct "MR" and "I" charts with control lines as described in section 8.4 and appropriate Annex sections of this standard practice.  In circumstances where the absolute difference between the mean of multiple back-to-back tests of the standard reference material and the accepted reference value of the standard reference material is greater than 0.75 times the published reproducibility of the test method must be investigated by the facility.  Records of the standard reference materials measurements as well as any investigations into any exceedance of these criteria must be kept for a period of 5 years.

(2)(i)  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 Accepted Reference Value of the production fuel must be determined by the respective reference installation of the designated test method for the fuel parameter following the guidelines of ASTM International standard practice D6299 (incorporated by reference, see paragraph (r) of this section).  The facility must pre-treat and assess results from the check standard testing after at least 15 testing occasions as described in section 8.2 of this standard practice.  The facility must construct "MR" and "I" charts with control lines as described in section 8.4 and appropriate Annex sections of this standard practice.  In circumstances where the absolute difference between the mean of multiple back-to-back tests of the standard reference material and the accepted reference value of the standard reference material is greater than 0.75 times the published reproducibility of the test method must be investigated 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 5 years.

(ii) Each facility is required to send every 20[th] production batch of gasoline or diesel fuel to EPA's laboratory, along with the facility's measurement result used to certify the batch using the respective method-defined non-VCSB test method.  The EPA retains the right to return such sample on a blind basis for a required reanalysis on the respective method-defined non-VCSB test method within 180 days upon receipt of such sample.

(3) (i) Precision SQC.  Every facility shall conduct tests on every instrument with a quality control material as defined in paragraph 3.2.3 in ASTM International D6299 (incorporated by reference, see paragraph (r) of this section) either once per week or once per every 20 productions tests, whichever is more frequent.  The facility must construct and maintain an "I" chart as described in section 7 and section A1.5.1 and a "MR" chart as described in section A1.5.2.  Any violations of control limit(s) should be investigated by personnel of the facility and records kept for a period of 5 years.

(ii) Validation of New QC Material.  When a test facility is making a transition from one batch of QC material to the next batch of QC material, the facility will follow the "Q-Procedure" in Annex 1.9 of ASTM International standard practice D6299 (incorporated by reference, see paragraph (r) of this section) using good laboratory practices.  In following the Q-Procedure if the plot of results from the old and new QC materials on its respective chart shows no special-cause signals, then the result of the new QC material will be considered valid.  These records must be kept by the facility for a period of 5 years.

(q) Record retention requirements for the test methods approved under this subpart.

(1) Each individual test facility must retain records related to the establishment of accuracy and precision values, all test method documentation, and any statistical quality control testing and analysis under this section using good laboratory practices for a period for five years.

(2) [Reserved]

(r) Materials incorporated by reference.  The Director of the Federal Register approved the incorporation by reference of the documents listed in this section as prescribed in 5 U.S.C. 552(a) and 1 CFR 51.  Anyone may inspect copies at the U.S. EPA, Air and Radiation Docket and Information Center, 1301 Constitution Ave., N.W., Room B102, EPA West Building, Washington, DC, 20460, under EPA docket ID Number EPA - HQ - OAR - 2011 - 0135, or at the National Archives and Records Administration (NARA).  The telephone number for the Air Docket Public Reading Room is<PHONE_NUMBER>.  For information on the availability of this material at NARA, call<PHONE_NUMBER> or go to: http://www.archives.gov//federal_register/code_of_federal_regulations/ibr_locations.html.  For further information on these test methods, please contact the Environmental Protection Agency at<PHONE_NUMBER>.

(1) ASTM International material.  Anyone may purchase copies of these materials from the ASTM International (ASTM), 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959, or by contacting ASTM International customer service at 10-832-9585, or by contacting the email address of<EMAIL_ADDRESS>from the ASTM International Web site of http://www.astm.org.

(i) ASTM International standard practice D6708-08 ("ASTM International D6708"), "Standard Practice for Statistical Assessment and Improvement of Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of a Material", approved December 15, 2008.

(ii) ASTM International standard practice D6299-10[ε1] ("ASTM International D6708"), "Standard Practice for Applying Statistical Quality Assurance and Control Charting Techniques to Evaluate Analytical Measurement System Performance", approved March 1, 2010.

(2) [Reserved]

7.	Section 80.65 is amended by:
      a.	Revising paragraph (d)(1).
      b.	Removing and reserving paragraph (d)(2)(iv).
      c.	Removing and reserving paragraph (d)(2)(v)(E).
      d.	Revising paragraph (d)(3).
      e.	Revising paragraphs (e)(1) introductory text, (e)(1)(i), and (e)(2) introductory text.
      f.	Adding paragraphs (e)(3) and (e)(4).
      g.	Revising paragraphs (f)(1)(i) and (f)(3)(iii)(A).
      h.	Adding a new paragraph (f)(5).
      i.	Revising paragraph (i) introductory text.
      j.	Revising paragraphs (i)(1)(ii) and (i)(1)(iii).
      k.	Revising paragraphs (i)(4)(ii) introductory text and (i)(4)(ii)(A).
      l.	Revising paragraph (i)(6)(i).

§80.65	General requirements for refiners and importers.

*	*	*	*	*

(d)	*	*	*

	(1) All gasoline produced or imported shall be properly designated as reformulated gasoline, conventional gasoline, RBOB, or CBOB.

(2)	*	*	*

	(iv)	[Reserved]

	(v)	*	*	*

	(E)	[Reserved]

*	*	*	*	*

(3) Every batch of reformulated gasoline, conventional gasoline, RBOB, or CBOB  produced or imported at each refinery or import facility shall be assigned a number (the "batch number"), consisting of the EPA-assigned refiner or importer registration number, the EPA facility registration number, the last two digits of the year in which the batch was produced, and a unique number for the batch, beginning with the number one for the first batch produced or imported each calendar year and each subsequent batch during the calendar year being assigned the next sequential number (e.g. , 4321 - 54321 - 95 - 000001, 4321 - 543321 - 95 - 000002, etc.).

(e)	*	*	*

	(1) Except as provided in paragraphs (e)(3) and (4) of this section, each refiner or importer shall, for each batch of reformulated gasoline or RBOB produced or imported, determine the volume and the value of each of the properties specified in paragraph (e)(2)(i) of this section, except that the value for RVP must be determined only in the case of reformulated gasoline or RBOB that is VOC-controlled. These determinations shall:

(i) Be based on a representative sample of the reformulated gasoline or RBOB that is analyzed using the methodologies specified in §80.46 through November 29, 2014, or, beginning November 30, 2014, in §80.47;

*	*	*	*	*

(2) In the event that the value of any of these properties is determined by the refiner or importer and by an independent laboratory in conformance with the requirements of paragraph (f) of this section:

*	*	*	*	*

(3) Beginning January 1, 2013, API Gravity is not required to be measured or reported for the purpose of batch certification.

(4) For the purposes of meeting the requirements of this paragraph (e) for any winter fuel parameter except benzene, oxygenate, RVP and sulfur, any refiner or importer may, prior to analysis, combine samples of gasoline collected from more than one batch of gasoline or blendstock ("composite sample"), and treat such composite sample as one batch of gasoline or blendstock provided that the refiner or importer meets all of the following requirements:

(i) Samples must be from a single reporting year, must be limited to non-VOC gasoline, and must be of a single grade of gasoline or of a single type of batch-produced blendstock.

(ii) Combines samples of gasoline that are produced or imported over a period no longer than one month.  Blendstock samples of a single blendstock type obtained from continuous processes over a calendar month may be mixed together to form one blendstock sample and the sample subsequently analyzed for the required fuel parameters.

(iii)(A) Samples shall have been collected and stored using good laboratory practices in order to prevent change in product composition with regard to baseline properties and to minimize loss of volatile fractions of the sample.

(B) Properties of the retained samples shall be adjusted for loss of butane by comparing the RVP measured immediately after blending with the RVP determined at the time that the supplemental properties are measured.

(C) The volume of each batch or shipment sampled, to the nearest gallon, shall have been noted and the sum of the volumes, in gallons, calculated.

(iv) For each batch or shipment sampled, the ratio of its volume to the total volume determined in paragraph (e)(4)(iii)(C) of this section shall be determined to three decimal places. This shall be the volumetric fraction of the shipment in the mixture.

(v) The total minimum volume required to perform duplicate analyses to obtain values of all of the required fuel parameters shall be determined.

(vi) The volumetric fraction determined in paragraph (e)(4)(iv) of this section for each batch or shipment shall be multiplied by the value determined in paragraph (e)(4)(v) of this section.

(vii) The resulting value determined in paragraph (e)(4)(vi) of this section for each batch or shipment shall be the volume of each batch or shipment's sample to be added to the mixture. This volume shall be determined to the nearest milliliter.

(viii) The appropriate volumes of each shipment's sample shall be thoroughly mixed and the solution analyzed per the methods required under §80.46 or §80.47, as applicable.

	(ix) Uses the total of the volumes of the batches of gasoline that comprise the composite sample, and the results of the analyses of the composite sample, for purposes of compliance calculations under this paragraph (e).

(f)	*	*	*

	(1)	*	*	*

(i) Option 1. The refiner or importer shall, for each batch of reformulated gasoline or RBOB that is produced or imported, have the value for each property specified in paragraph (e)(2)(i) of this section determined by an independent laboratory that collects and analyzes a representative sample from the batch using the methodologies specified in §80.46 through November 29, 2014, and the methodologies specified in §80.47 beginning November 30, 2014.

*	*	*	*	*

(3)	*	*	*

(iii)	*	*	*

(A) A report for the period January through March shall be submitted by June 1; a report for the period April through June shall be submitted bySeptember 1; a report for the period July through September shall be submitted byDecember 1; and a report for the period October through December shall be submitted byMarch 31.  Beginning, January 1, 2014, a single annual report for calendar year January through December may be submitted by the following March 31.

*	*	*	*	*

(5) A refiner or importer may designate one alternate independent laboratory, to be used only when the designated independent laboratory per paragraph (f)(2) of this section is unavailable and cannot perform testing required for compliance.

(i) The alternate independent laboratory must meet all provisions of this section for designated independent laboratories.

(ii) An alternate independent laboratory may not be used to select a preferred test result.  The alternate laboratory may only be used on those occasions where operational necessity causes a need for it (e.g., the primary designated laboratory is closed, the apparatus for certain test methods are down, or independent laboratory personnel are not available).

*	*	*	*	*

(i) Exclusion of previously certified gasoline. Any refiner who uses previously certified reformulated gasoline,  conventional gasoline, RBOB, or CBOB to produce reformulated gasoline or RBOB must exclude the previously certified gasoline for purposes of demonstrating compliance with the standards under §80.41. This exclusion must be accomplished by the refiner as follows:

(1)	*	*	*

(ii) In the case of previously certified reformulated gasoline or RBOB determine the emissions performances for toxics and NOX, except as provided in §80.41(e) and (f), and VOC for VOC-controlled gasoline, and the designations for VOC control.

(iii)  In the case of previously certified conventional gasoline or CBOB, determine the exhaust toxics and NOX emissions performances, except as provided in §80.101(c)(3) and (4).

*	*	*	*	*

(4)	*	*	*

(ii) Where a refiner uses previously certified conventional gasoline or CBOB to produce reformulated gasoline or RBOB:

(A) The refiner must include the volume and properties of any batch of previously certified conventional gasoline or CBOB as a negative batch in the refiner's anti-dumping compliance calculations under §80.101(g) for the refinery, or where applicable, the refiner's aggregation under §80.101(h); and

*	*	*	*	*

(6)(i) Any refiner may use the procedures specified in this paragraph (i) to combine previously certified conventional gasoline or CBOB with reformulated gasoline or RBOB, to reclassify conventional gasoline or CBOB  into reformulated gasoline or RBOB, or to change the designations of reformulated gasoline or RBOB with regard to VOC control.

*	*	*	*	*

Subpart D--[Amended]

8. Section 80.75 is amended by:

a. Revising paragraphs (a)(1)(i) through (iv).
b. By revising paragraph (a)(2)(v)(B).
c. Revising paragraph (a)(2)(viii)(D).
d. Revising paragraph (a)(2)(ix)(F).
e. Removing and reserving paragraph (b).
f. Revising paragraph (c)(1).
g. Revising paragraph (d) introductory text.
h. Revising paragraph (d)(1).
i. Revising paragraph (d)(2)(iii).
      j. Revising paragraph (e) introductory text.
      k. Revising paragraph (e)(1).
l. Revising paragraph (g) introductory text.
m. Revising paragraph (h) introductory text.
n. Revising paragraph (i).
o. Removing and reserving paragraph (k).
p. Revising paragraph (l).
q. Revising paragraph (o) introductory text.

§ 80.75 Reporting Requirements

*	*	*	*	*
(a)	*	*	*
(1)	*	*	*
 (i) The first quarterly report shall include information for reformulated gasoline or RBOB produced or imported from January 1 through March 31, and shall be submitted by June 1 of each year;
(ii) The second quarterly report shall include information for reformulated gasoline or RBOB produced or imported from April 1 through June 30, and shall be submitted by September 1 of each year;
(iii) The third quarterly report shall include information for reformulated gasoline or RBOB produced or imported from July 1 through September 30, and shall be submitted by December 1 of each year; and
(iv) The fourth quarterly report shall include information for reformulated gasoline or RBOB produced or imported from October 1 through December 31, and shall be submitted by March 31 of each year.

(2)	*	*	*

(v)	*	*	*

(B) The properties, along with identification of the test method used to measure those properties, pursuant to §§80.65 and 80.66;

*	*	*	*	*

(viii)	*	*	*

(D) The volume, properties (along with identification of the test method used to measure those properties), and designation of the batch.

(ix)	*	*	*

(F) The properties of the butane batch, along with the identification of the test method used to measure those properties, specified by the butane supplier, or the properties specified in §80.82(c) or (d), as appropriate;

*	*	*	*	*

      (b) [Reserved]

      (c)	*	*	*

(1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB under the complex model that was to meet the VOC emissions performance standards on average ("averaged reformulated gasoline") shall submit to the Administrator, with the third quarterly report, a report for each refinery or importer for such averaged reformulated gasoline produced or imported during the previous VOC averaging period.  Beginning January 1, 2014, the information required by this paragraph (c) shall be submitted with the annual report.  This information shall be reported separately for the following categories:

*	*	*	*	*

(d) Benzene content averaging reports.  Pursuant to §80.41(f)(3), for any refiner, refinery or importer not subject to the applicable standards at §80.41(f)(1), the report required by this paragraph (d) is not required beginning January 1, 2014, or beginning January 1, 2016 for all other refiners.

(1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB that was to meet the benzene content standards on average ("averaged reformulated gasoline") shall submit to the Administrator, with the fourth quarterly report, a report for each refinery or importer for such averaged reformulated gasoline that was produced or imported during the previous toxics averaging period.  Beginning January 1, 2014, the information required by this paragraph (d) shall be submitted with the annual report.

(2)	*	*	*

(iii) The actual total content of benzene, along with identification of the test methods used to measure the content of benzene;

*	*	*	*	*

(e) Toxics emissions performance averaging reports. Pursuant to §80.41(f)(3), for any refiner, refinery or importer not subject to the applicable standards at §80.41(f)(1), the report required by this paragraph (e) is not required beginning January 1, 2014, or beginning January 1, 2016 for all other refiners.

(1) Any refiner or importer that produced or imported any reformulated gasoline or RBOB that was to meet the toxics emissions performance standards on average ("averaged reformulated gasoline") shall submit to the Administrator, with the fourth quarterly report, a report for each refinery or importer for such averaged reformulated gasoline that was produced or imported during the previous toxics averaging period. Beginning January 1, 2014, the information required by this paragraph (e) shall be submitted with the annual report.

*	*	*	*	*

(g) NO X emissions performance averaging reports. Pursuant to §80.41(f)(2), for any refiner, refinery or importer not subject to the applicable standards at §80.41(f)(1), the report required by this paragraph (g) is not required beginning January 1, 2012.

*	*	*	*	*

(h) Credit transfer reports. As an additional part of the fourth quarterly report required by this section, any refiner or importer shall, for each refinery or importer, supply the information specified in paragraphs (h)(1) through (3) of this section for any benzene credits that are transferred from or to another refinery or importer.  Beginning January 1, 2014, the information required by this paragraph (h) shall be submitted with the annual report.

*	*	*	*	*

(i) Covered areas of gasoline use report. Any refiner that produced any reformulated gasoline that was to meet any reformulated gasoline standard on average ("averaged reformulated gasoline") shall, for each refinery at which such averaged reformulated gasoline was produced, submit to the Administrator, with the fourth quarterly report, a report that contains the identity of each covered area that was supplied with any averaged reformulated gasoline produced at each refinery during the previous year.  Beginning January 1, 2014, the information required by this paragraph (i) shall be submitted with the annual report.

*	*	*	*	*

(k) [Reserved]
(l) Reports for per-gallon compliance gasoline. In the case of reformulated gasoline or RBOB for which compliance with each of the standards set forth in §80.41 is achieved on a per-gallon basis, the refiner or importer shall submit to the Administrator, by March 1 of each year, a report of the volume of each designated reformulated gasoline or RBOB produced or imported during the previous calendar year for which compliance is achieved on a per-gallon basis, and a statement that each gallon of this reformulated gasoline or RBOB met the applicable standards.
*	*	*	*	*

(o) Additional reporting requirements for refiners that blend butane with reformulated gasoline or RBOB. For refiners that blend any butane with reformulated gasoline or RBOB under §80.82, the refiner shall submit to the Administrator, by March 1 of each year, a report for the refinery which includes the following information for the previous calendar year:
*	*	*	*	*

9.	Section 80.82 is amended by:
      a. Revising the introductory text.
	b. Revising paragraphs (a) through (d).
c. Revising paragraph (e)(1).
d. Adding paragraphs (i) and (j).

§80.82 Butane blending.

A refiner for any refinery that produces gasoline by blending butane with previously certified gasoline may meet the sampling and testing requirements for this part as follows:

(a) Except as provided in paragraphs (e) and (i) of this section, any refinery that blends butane for which the refinery has documents from the butane supplier which demonstrate that the butane is commercial grade, as defined in paragraph (c) of this section, may demonstrate compliance with the standards in this part based on the properties specified in paragraph (c) of this section, or the properties specified by the butane supplier.

(b)(1) Except as provided in paragraphs (e) and (i) of this section, any refiner that blends butane for which the refiner has documents from the butane supplier which demonstrate that the butane is non-commercial grade, as defined in paragraph (d) of this section, may demonstrate compliance with the standards in this part based on the properties specified in paragraph (d) of this section, or the properties specified by the butane supplier, provided that the refinery:

(i) Conducts a quality assurance program of sampling and testing the butane obtained from each separate butane supplier which demonstrates that the butane has the properties specified in paragraph (d) of this section; and

(ii) The frequency of sampling and testing for the butane received from each butane supplier must be one sample for every 500,000 gallons of butane received, or one sample every three months, whichever is more frequent.

(2) Where test results indicate the butane does not meet the requirements in paragraph (b)(1) of this section, the refiner may:

(i) Blend the butane with conventional gasoline, or reformulated gasoline that has been downgraded to conventional gasoline, provided that any applicable equivalent emissions performance standards of the butane batch, as determined using the provisions in §80.101(g)(3), meets the refinery's standards under §80.101 and the refiner meets all of the standards and requirements applicable to refiners of conventional gasoline under this part;

(ii) Blend the butane with reformulated gasoline or RBOB, provided that the final batch of butane blended with reformulated gasoline or RBOB meets the per-gallon standards in §80.41, as determined using the test methods in §80.46.

(c) Commercial grade butane is defined as butane for which test results demonstrate that the butane is 95% pure and has all of the following properties:

(1) Olefins  <=1.0 vol%.

(2) Aromatics  <=2.0 vol%.

(3) Benzene  <=0.03 vol%.

(4) Sulfur  <=30 ppm from January 1, 2005 through December 31, 2016; <=10 ppm beginning January 1, 2017 and thereafter.

(d)  Non-commercial grade butane is defined as butane for which test results demonstrate the butane has all of the following properties:

(1) Olefins  <=10.0 vol%.

(2) Aromatics  <=2.0 vol%.

(3) Benzene  <=0.03 vol%.

(4) Sulfur  <=30 ppm beginning January 1, 2005 through December 31, 2016; <=10 ppm beginning January 1, 2017 and thereafter.

(e)(1) When butane is blended with conventional gasoline under this section during the period May 1 through September 15, the refiner shall demonstrate through sampling and testing, using the test method for Reid vapor pressure in §80.47, that each batch of conventional gasoline blended with butane meets the volatility standards specified in §80.27.

*	*	*	*	*

(i) A refiner who only blends commercial grade or non-commercial grade butane into PCG may meet the sampling and testing requirements of subpart O of this part by meeting the requirements of paragraphs (a) through (f) and (h)(3) of this section and all of the following additional requirements:

(1) The per-gallon sulfur content of every batch of butane must not exceed 10 ppm.

(2) The refiner obtains test results from the butane supplier that demonstrate that the sulfur content of each load does not exceed the applicable per-gallon sulfur standard under paragraph (i)(1) of this section through test results of samples of butane contained in the storage tank from which the butane blender is supplied.

(i) Sampling and testing for the sulfur content of the butane by the supplier must be subsequent to each receipt of butane into the supplier's storage tank or the sampling and testing must be immediately before transfer of butane to the butane blender.

(ii) The testing must be performed in accord with the provisions of §80.47.

(iii) The butane blender must obtain a copy of the butane supplier's test results at the time of each transfer of butane to the butane blender.

(3) The sulfur content and volume of each batch of gasoline produced is that of the butane that the refiner blends into PCG for the purposes of calculating compliance with the 10 ppm per-gallon sulfur standard.

(4) The requirements of paragraphs (i)(1) through (3) of this section apply regardless of whether the butane is commercial grade or noncommercial grade.

(5) The quality assurance testing requirement of paragraph (b)(1) of this section applies regardless of whether the butane is commercial grade or noncommercial grade.

(6) If any of the requirements of this paragraph (i) are not met, in whole or in part for any butane blended into gasoline, that butane is deemed in violation of the gasoline standards in §80.1603(a).

(j) The PCG procedures of §80.1640 may be used to meet the sampling and testing requirements of subpart O of this part.

10.	Section 80.101 is amended by:
	a. Revising paragraph (i)(1)(i)(A).
	b. Revising paragraph (i)(3)(i)(C).
	c. Revising paragraph (i)(3)(ii)(C).

§80.101   Standards applicable to refiners and importers.

*	*	*	*	*

(i)	*	*	*

(1)	*	*	*

(i)(A) Through November 29, 2014, determine the value of each of the properties required for determining compliance with the standards that are applicable to the refiner or importer, by collecting and analyzing a representative sample of gasoline or blendstock from the batch, using methodologies specified in §80.46; beginning November 30, 2014, determine the value of each of the properties required for determining compliance with the standards that are applicable to the refiner or importer, by collecting and analyzing a representative sample of gasoline or blendstock from the batch, using methodologies specified in §80.47; except that

*	*	*	*	*

(3)	*	*	*

(i)	*	*	*

(C) The testing must be for each applicable parameter specified under §80.65(e)(2)(i), using either of the following:

(1) The test methods specified under §80.46, through November 29, 2014.

(2) The test methods specified under §80.47, beginning November 30, 2014.
*	*	*	*	*

(ii)	*	*	*

(C) The testing must be for each applicable parameter specified under §80.65(e)(2)(i), using the test methods specified under §80.46 through November 29, 2014, or under §80.47 beginning November 30, 2014.

*	*	*	*	*

Subpart E--[Amended]

11.	Section 80.105 is amended by:
a. Revising paragraph (a)(5)(v).
b. Revising paragraph (a)(5)(vi)(D).
c. Revising paragraphs (a)(5)(vii)(F) and (a)(5)(vii)(G).
d. Revising paragraph (a)(7)(iii).
e. Revising paragraph (d)(2).

§ 80.105 Reporting Requirements.

(a)	*	*	*

(5)	*	*	*

(v) The properties, along with identification of the test method used to measure those properties, pursuant to §80.101(i);

(vi)	*	*	*

(D) The volume, properties, along with identification of the test method used to measure those properties, and designation of the batch;

(vii)	*	*	*

(F) The properties of the butane batch specified by the butane supplier, along with identification of the test method used to measure those properties of the butane, or the properties specified in §80.82(c) or (d), as appropriate.

(G) Where butane is blended with conventional gasoline during the period May 1 through September 15, the Reid vapor pressure, along with identification of the test method used to measure Reid vapor pressure using the appropriate test method at §80.46 through November 29,2014, and at §80.47 beginning November 30, 2014; and

*	*	*	*	*

(7)	*	*	*

(iii) A statement that the gasoline produced using butane meets all applicable downstream standards that apply to conventional gasoline under Subpart E of this part, along with the test methods used to determine compliance with the downstream standards that apply to conventional gasoline under Subpart E of this part; and

*	*	*	*	*

(d)	*	*	*

(2) Submitted to EPA by March 31 each year for the prior calendar year averaging period; and

*	*	*	*	*

12.	Section 80.161 is amended by:
      a. Revising paragraph (b)(1)(ii)(A)(2) and adding paragraph (b)(1)(ii)(A)(3).
      b. Revising paragraph (b)(2) introductory text.
      c. Revising paragraphs (b)(3)(ii)(C), (b)(3)(v), and (b)(3)(viii).
      d. Revising paragraph (d)(1).

§ 80.161 Detergent additive certification program.

*	*	*	*	*

(b)	*	*	*

(1)	*	*	*

(ii)	*	*	*

(A)	*         *          *

(2) In the case of the alternative national generic certification option pursuant to §80.163(a)(1)(iii), the minimum recommended concentration must equal or exceed the amount mixed into the associated test fuel specified in §80.177, which was shown to satisfy the fuel injector deposit control and intake valve deposit control performance tests and standards specified in §80.176.

	(3) In the case of any other detergent certification option, the minimum recommended concentration must equal or exceed the amount mixed into the associated test fuel specified in §80.164, which was shown to satisfy the fuel injector deposit control and intake valve deposit control performance tests and standards specified in §80.165.

*	*	*	*	*

(2) The detergent additive manufacturer (or other certifying party) must submit to EPA a sample of the actual detergent additive package which was used in the certification test fuels specified in §80.164 or §80.177 or, if such sample is not available, then a sample which has the same composition as the package used in certification testing.

*	*	*	*	*

(3)	*	*	*

(ii)	*	   *	   *

(C) Complete documentation of the test fuel formulation, IVD demonstration procedures, fuel injector deposit demonstration procedure if applicable, detergent performance test procedures, and test results are available for EPA's inspection upon request.

*	*	*	*	*

(v) In the case of a national or PADD certification (pursuant to §80.163(a)(1), (a)(1)(i), (a)(1)(ii), or (b)) for which the test fuel was specially formulated from refinery blend stocks, the results of the IVD demonstration test, pursuant to §80.164(b)(3).  In the case of an alternative national generic certification (pursuant to §80.163(a)(1)(iii)), the results of the IVD demonstration test and fuel injector deposit demonstration test (pursuant to §80.177).

*	*	*	*	*

(viii) The test concentration(s) of the subject detergent additive in each test fuel, and the corresponding test results (percent flow restriction demonstrated in the fuel injector test and milligrams of deposit per valve demonstrated in the IVD test).

*	*	*	*	*

(d)	*         *    *

(1) If a detergent blender possesses deposit control performance test results as specified in §80.165, §80.166, or §80.176 which show that the minimum treat rate recommended by the manufacturer of a detergent additive product exceeds the amount of that detergent actually required for effective deposit control, then, upon informing EPA in writing of these circumstances, the detergent blender may use the detergent at the lower concentration substantiated by these test results.

 *	*	*	*	*

13. Section 80.163 is amended by adding a new paragraph (a)(1)(iii) to read as follows:

§ 80.163   Detergent certification options.

*	*	*	*	*

(a)	*	*	*

      (1)	*	*	*

(iii) Alternative national generic certification option.  To be certified under this option, a candidate detergent must meet the deposit control performance test requirements and standards specified in §80.176 using test fuels that conform to the requirements in §80.177.  A detergent certified under this option is eligible to be used at a conforming LAC in any grade of gasoline, with or without an oxygenate component.

*	*	*	*	*

14. Section 80.164 is amended by revising paragraph (a) to read as follows:

§ 80.164   Certification test fuels.

(a) General requirements.  This section provides specifications for the test fuels required in conjunction with the certification options described in §80.163(a)(1), (a)(1)(i), (a)(1)(ii), and (b) through (d). For each such certification option, the associated test fuel must meet or exceed the levels of four basic fuel parameters (aromatics, fuel sulfur, olefins, and T - 90) prescribed here and may also contain specified oxygenate compounds. In addition, pursuant to paragraph (b)(3) of this section, some fuels must undergo an IVD demonstration test before they are eligible to be used as test fuels under this certification program. Test fuel characteristics must be reported to EPA in the detergent certification letter required pursuant to §80.161(b)(3).  The specifications for the test fuels required in conjunction with the alternative national generic certification option in §80.163(a)(1)(iii) are contained in §80.177.

*	*	*	*	*

15. Section 80.165 is revised to read as follows:

§ 80.165 Certification test procedures and standards.

This section specifies the deposit control test requirements and performance standards which must be met in order to certify detergent additives for use in unleaded gasoline, pursuant to §80.161(b)(1)(ii)(A)(3).  These standards must be met in the context of the specific test procedures identified in paragraphs (a) and (b) of this section, except as provided in paragraph (c) of this section.  The testing must be conducted and the performance standards met when the subject detergent additive is mixed in a test fuel meeting all relevant requirements of §80.164, including the deposit-forming tendency demonstration specified in §80.164(b)(3), if applicable.  Complete test documentation must be submitted by the certifying party within 30 days of receipt of a written request from EPA for such records.  The certification test procedures and standards associated with the alternative national generic certification option in §80.163(a)(1)(iii) are contained in §80.176.

(a) Fuel injector deposit control testing.

(1) The required test fuel must produce no more than 5% flow restriction in any one injector when tested in accordance with ASTM D 5598 - 94, "Standard Test Method for Evaluating Unleaded Automotive Spark-Ignition Engine Fuel for Electronic Port Fuel Injector Fouling," 1994, which is incorporated by reference pursuant to  §80.178.  At the option of the certifier, fuel injector flow may be measured at intervals during the 10,000 mile test cycle described in ASTM D 5598 - 94, in addition to the flow measurements required at the completion of the test cycle, but not more than every 1,000 miles.

(b) Intake valve deposit control testing. The required test fuel must produce the accumulation of less than 100 mg of intake valve deposits on average when tested in accordance with ASTM D 5500 - 94, "Standard Test Method for Vehicle Evaluation of Unleaded Automotive Spark-Ignition Engine Fuel for Intake Valve Deposit Formation," 1994, which is incorporated by reference pursuant to  §80.178.

(c) If conducted using test fuels meeting all relevant requirements of §80.164, and completed prior to September 3, 1996, then the PFID and IVD control test procedures required for detergent certification in California (specified in section 2257 of Title 13, California Code of Regulations) will also be considered acceptable. California Air Resources Board, "Test Method for Evaluating Port Fuel Injector (PFI) Deposits in Vehicle Engines", March 1, 1991, and California Air Resources Board, "BMW -- 10,000 Miles Intake Valve Test Procedure", March 1, 1991, are incorporated by reference pursuant to §80.178.

16. Section 80.167 is amended by revising paragraph (a) to read as follows:

§ 80.167   Confirmatory testing.

*	*	*	*	*

(a) Confirmatory testing conducted to evaluate the validity of detergent certifications under the national, PADD, or fuel-specific options under §80.163(a)(1), (a)(1)(i), (a)(1)(ii), and (b) through (d) will generally entail a single vehicle test using the procedures detailed in §80.165.  The test fuel(s) used in conducting such confirmatory certification testing will contain the specified fuel parameters at or below the minimum levels specified in §80.164, and will otherwise conform to the applicable certification test fuel specifications therein.  Confirmatory testing conducted to evaluate the validity of detergent certifications under the alternative national generic certification option in §80.163(a)(1)(iii) will generally entail a single test using the procedures detailed in §80.177.  The test fuel(s) used in conducting such confirmatory certification testing will contain the specified fuel parameters at or below the minimum levels specified in §80.177, and will otherwise conform to the applicable certification test fuel specifications therein.

*	*	*	*	*

17.	A new section 80.175 is added to subpart G and reserved as follows:

§ 80.175 [Reserved]

18. A new section 80.176 is added to subpart G to read as follows:

§ 80.176 Alternative certification test procedures and standards.

This section specifies the deposit control test requirements and performance standards which must be met in order to certify detergent additives for use in unleaded gasoline pursuant to §80.161(b)(1)(ii)(A)(2).  These standards must be met in the context of the specific test procedures identified in paragraphs (a) and (b) of this section. Testing must be conducted and the performance standards met when the subject detergent additive is mixed in a test fuels meeting all relevant requirements of §80.177.  Complete test documentation must be submitted by the certifying party within 30 days of receipt of a written request from EPA for such records.

(a) Fuel injector deposit control testing.  The required test fuel must produce no more than one inoperative injector when tested in accordance with the fuel injector deposit test procedure specified in paragraph (c) of this section.

(b) Intake valve deposit control testing.  The required test fuel must produce the accumulation of less than 50 mg of intake valve deposits on average when tested in accordance with ASTM D6201 - 04(2009), "Standard Test Method for Dynamometer Evaluation of Unleaded Spark-Ignition Engine Fuel for Intake Valve Deposit Formation", which is incorporated by reference pursuant to §80.178.

(1) Tests conducted for the intake valve deposit demonstration test pursuant to §80.177(b)(1)(iv) and to demonstrate compliance with the intake valve deposit control standards in this section must be conducted using the same engine block and cylinder head.

(2) All results must be derived from operationally valid tests in accordance with the test validation criteria of ASTM D 6201 - 04(2009).

(3) Test results shall be reported for individual intake valves and as an average of all intake valves.

(c) Fuel injector deposit test procedure.

(1) Summary of Test Procedure.  After flushing the vehicle fuel system with the fuel to be tested and installing new injectors, an automatic starter control system starts the vehicle and lets it idle for five minutes.  The engine is then shut off and allowed to soak for 25 minutes.  This cycle is repeated for a total of 192 cycles (96 hours).  During this time, the engine is kept at operating temperature with block heaters.  After the 96 hours of start/soak cycles, the engine is allowed to hot-soak for 48 hours, during which time the engine is not started but is maintained at operating temperature.  At the end of the 48-hour hot soak, the block heaters are turned off and the engine is allowed to cool naturally to room temperature.  At the end of this 48-hour ambient temperature soak, an injector balance test is conducted to determine whether any poppet nozzles are stuck closed.

(2) Facilities and Equipment.

(i) Location.  A temperature-controlled garage or large room is needed.  A dynamometer is not needed, since this test is an idle test.  The room temperature shall be maintained in the range of 68-75°F.  The room shall be equipped with an exhaust system that connects to the vehicle tail pipe to remove the exhaust gases from the building.  It is recommended that an interlock be provided so that if the building exhaust system fails, the vehicle test will shut down.

(ii) Electrical Power.  Two 110-volt, 15-amp circuits are needed (20-amp circuits are recommended) to operate the four block heaters and a battery charger.

(iii) Fuel Drain Facility.  A facility is required to drain the fuel from the vehicle between tests.  The fuel is drained from the service port on the fuel rail, near the back of the engine.  A commercial cart equipped with a tank and a suction pump is recommended for this operation.

(iv) Vehicle.  A Chevrolet Astro or GMC Safari van, model year 1998-2001, shall be used for the test.  Either two-wheel drive or all-wheel drive is satisfactory, although the former allows easier installation of the block heaters.

(v) Injectors.  New injectors, General Motors part number 17091432, shall be used for each test.

(vi) Block Heaters.  Four block heaters, General Motors part number 12371293, are needed for each vehicle.  Two heaters shall be installed on each side of the engine, in the freeze plug locations.

(vii) Battery Charger.  Because of the large number of starts and the very short engine running time, a battery charger is needed.  It is recommended that the charger be installed permanently on the vehicle and remain plugged in while the test is in progress.

(viii) Starter Controller.  A system is needed to start the engine automatically and then shut it off after exactly five minutes of running.  A commercial after-market remote starting system connected to a timer or computer can be used, or a one-of-a-kind system can be designed and built.

(ix) Tech 2 Analyzer.  A General Motors Tech 2 analyzer, part number GM3000094, available from Kent-Moore, shall be used to conduct the injector balance test.

(x) Fuel Pressure Gauge.  A fuel pressure gauge capable of measuring fuel system pressure to the nearest 1 psi over the range of 45 to 65 psi, shall be used with the Tech 2 analyzer when conducting the injector balance test.  A pressure transducer shall not be used.

(xi) Gaskets.  The upper intake manifold gasket and injector body gasket will need to be replaced from time to time as they crack, tear, or wear out from frequent handling during injector replacement.

(3) Initial Vehicle Preparation.

(i) Diagnostics.  To help determine whether a vehicle is satisfactory for use in this injector test procedure, a thorough inspection and engine diagnostic test shall be conducted as described in the service manual.  Check the cooling system to be sure the coolant looks clean and there are no signs of rust.

(ii) Block Heaters.  Install four electric block heaters, General Motors part number 12371293, in the coolant passages of the engine block, two on each side of the block.  The heaters will be plugged into a heater control unit.  Two of the heaters will remain on at all times during the first 144 hours of the injector fouling test, while the other two heaters will be turned on and off by the controller as needed to maintain an engine temperature of about 100-102°C during the soak periods of the test.  (The temperature will drop while the engine is running, as the coolant from the radiator circulates through the engine.  The temperature should recover to 100-102°C within about 20 minutes after the engine shuts off.)

(iii) Thermocouples.  Install a 1/16-inch Type K thermocouple in a threaded bolt hole on the rear of the right cylinder head.  This thermocouple provides the feedback signal to the controller to turn two block heaters on and off.  Install another thermocouple in the other hole near the first thermocouple.  This second thermocouple provides a signal to an over-temperature safety shut-off on the heater controller.  If the engine temperature reaches the set point (110°C recommended), the heater controller will signal the starter controller to shut down the test.

(iv) Fuel System Flush.  Drain the fuel from the fuel system through the service port on the fuel rail at the back of the engine.  Refuel with a non-detergent gasoline containing between 5 and 10 percent ethanol.  Drive the vehicle for approximately 100 miles to thoroughly expose all parts of the fuel system to the fuel.  The fuel pump and fuel filters should not be replaced unless there is a problem with them or if the vehicle history suggests that replacement would be prudent.  If replacement is necessary, the new parts should first be conditioned by recirculating a 10% ethanol-gasoline blend (without deposit control additive) through them for one week.

(v) Oil Change.  Change the engine oil and oil filter, using oil that meets the manufacturer's recommended service classification and viscosity grade.

(vi) Battery Charger.  Install a battery charger in the vehicle so that it can be plugged in during the test and keep the battery at full charge.

(vii) Radiator.  Install cardboard or other suitable material on the front of the radiator to block the flow of air through the radiator while the engine is running.  This will help minimize the drop in coolant temperature.

(viii) Starter Controller.  Make the necessary changes to the vehicle electrical system so that the engine can be started and stopped automatically on a programmed schedule.  Install a starter controller or computer and program it to do the following:

(A) Start the engine and let it run for 5 minutes, and then shut it off and let it hot-soak for 25 minutes.

(B) Repeat the 5/25 cycle for a total of 192 cycles.

(C) Allow a 48-hr hot soak during which the engine is not run but the engine temperature is maintained at 100-102°C.

(D) Turn off the heaters for 48 hours.

(E) Continuously count and display the number of cycles that have been completed throughout the test.

(4) Test Procedure.  The steps described in paragraphs (c)(3)(i) though (vi) of this section must be performed by the action described in paragraph (c)(3)(vii) of this section so that the new injectors are exposed only to the new test fuel.

(i) Drain the fuel from the vehicle.

(ii) Add approximately 2 gallons of the fuel to be tested.

(iii) Drive the vehicle for approximately 20 miles at speeds up to approximately 50-60 mph.  Approximately every 5 miles, stop the vehicle and moderately accelerate.  If the radiator covering is still in place, watch the temperature gauge during the driving and avoid overheating the engine.  This step not only flushes the fuel system but also helps remove carbon (if any) from the spark plugs and water from the exhaust system.

(iv) Drain the fuel from the vehicle and add approximately 1 to 2 gallons of the fuel to be tested.

(v) Drive the vehicle for approximately 5 miles.  Watch the temperature gauge and avoid overheating the engine.

(vi) Drain the fuel from the vehicle and add approximately 10 gallons of the fuel to be tested.  (The test consumes about 7.5 gallons of fuel.)

(vii) Remove the fuel injectors and install new injectors.  Run the engine for a few minutes to be sure it runs properly.

(viii) Park the vehicle in the location where the test will be run.

(ix) Connect the vehicle tail pipe to the building exhaust system.

(x) Depending on the design of the starter control system, remove fuses and relays as necessary and connect the wires from the controller to the vehicle fuse box.  Close the hood.

(xi) Turn on the vehicle ignition switch and the security bypass switch if so equipped.

(xii) Turn on the heater controller and be sure that it is working.

(xiii) Turn on the starter controller and the vehicle should start.

(xiv) Monitor the engine temperature for the first few cycles to be sure it is increasing.

(xv) At the end of the 192-hour (8-day) test, turn off the ignition switch, starter controller, and heater controller.  Return the fuses, relays, and wires to their standard configuration for normal operation of the vehicle.

(xvi) Connect the Tech 2 analyzer to the ALDL connector under the instrument panel, and connect the fuel pressure gauge to the service port on the fuel rail at the back of the engine.

(xvii) Conduct the injector balance test by following the instructions on the Tech 2.  The injector balance test checks each injector individually to determine whether the poppet nozzle is stuck closed.  First, the Tech 2 turns on the fuel pump momentarily to pressurize the fuel system.  Then it pulses the injector for a preset interval.  If the injector and poppet nozzle are working properly, the fuel system pressure will decrease gradually and smoothly by about 8 to 10 psi during the pulsing.  If the pressure does not decrease, or decreases very suddenly but then stops decreasing before the pulsing is done, the poppet is stuck closed.  This procedure, beginning with pressurizing the fuel system, is carried out for each injector.

19.	A new section 80.177 is added to subpart G to read as follows:

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

(a) General requirements. This section provides specifications for the test fuels required in conjunction with the alternative national generic certification option described in §80.163(a)(1)(iii).

(1) The test fuel characteristics detailed in this section must be reported to EPA in the detergent certification letter required pursuant to §80.161(b)(3).

(2) The levels of the basic fuel parameters specified in this section (ethanol, olefins, aromatics, sulfur, and 90% evaporation distillation temperature) must be measured in accordance with applicable procedures in §80.46.

(3) No detergent-active substance other than the detergent additive package undergoing testing may be added to a certification test fuel. Typical nondetergent additives, such as antioxidants, corrosion inhibitors, and metal deactivators, may be present in the test fuel at the discretion of the additive certifier. In addition, any nondetergent additives (other than oxygenate compounds) which are commonly blended into gasoline and which are known or suspected to affect IVD or PFID formation, or to reduce the ability of the detergent in question to control such deposits, should be added to the test fuel for certification testing.

(4) Certification test requirements may be satisfied for a detergent additive using more than one batch of test fuel, provided that each batch satisfies all applicable test fuel requirements under this section.

(5) Unless otherwise required by this section, finished test fuels must conform to the requirements for commercial gasoline described in ASTM D 4814 - 11, "Standard Specification for Automotive Spark-Ignition Engine Fuel", which is incorporated by reference pursuant to §80.178.

(b) Test fuel for intake valve deposit testing:  This paragraph provides specifications for the test fuels required for use in the test procedure specified in §80.176(b).

(1) The test fuel must contain levels of the specified parameters consistent with the requirements of this section.

(i) The test fuel must contain no less than 8.0 volume percent and no more than 10.0 volume percent ethanol.  Commercial fuel grade denatured fuel ethanol must be used that conforms to the requirement of §80.1610 and ASTM D4806 - 11a "Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel", which is incorporated by reference pursuant to §80.178.

(ii) The test fuel must contain no less than 8.0 volume percent olefins.  At least 75 percent of the olefins must be derived from fluid catalytic cracker unit (FCC) gasoline.  Such FCC gasoline can be full-range FCC gasoline or a mixture of light and heavy FCC gasolines. Such FCC gasoline must be produced by a commercial gasoline refiner and meet the following criteria:

(A) The FCC gasoline must be designated by the commercial refiner as full range FCC gasoline or whole FCC gasoline, and must have a T90 distillation temperature greater than 300°F.

(B) If a mixture of light and heavy FCC gasoline is used, heavy FCC gasoline must contribute at least 50 percent of the sulfur in the mixture.  Heavy FCC gasoline must meet the following criteria:

(1) The heavy FCC gasoline must be designated by the commercial refiner as heavy FCC gasoline.

(2) The heavy FCC gasoline must have an API gravity less than 45 and a T90 distillation temperature greater than 325°F.

(iii) The test fuel must contain no less than 28 volume percent aromatics.

(iv) The test fuel must contain no less than 240 ppm sulfur.  At least 60 percent of the sulfur must be derived from FCC gasoline that meets the specifications in paragraph (b)(1)(ii) of this section.

(v) The test fuel must have a T90 distillation temperature of no less than 290°F.

(vi) The test fuel containing no deposit control additives must produce no less than 500 mg averaged over all intake valves when subjected to the intake valve deposit test specified in §80.176(b).

(vii) All gasoline blendstocks used to formulate the test fuel must be representative of normal refinery operations and shall be derived from conversion units downstream of distillation.  Butanes and pentanes may be used for vapor pressure adjustment.  The use of chemical grade streams is prohibited.

(2) [Reserved]

(c) Test fuel for fuel injector deposit testing:  This paragraph provides specifications for the test fuels required for use in the test procedure specified in §80.176(c).  The test fuel must conform to the specifications in either paragraph (c)(1) or (c)(2) of this section.  The same base test fuel must be used for deposit demonstration testing and for demonstrating compliance with the fuel injector deposit control standards in §80.176(a).

(1) Option 1 regarding the specifications for the test fuel used for fuel injector deposit testing.

(i) The test fuel must be a commercial full boiling range hydrocarbon gasoline or gasoline blending component, without oxygenates.

(ii) The test fuel containing no deposit control additives must produce at least 5 inoperable injectors valves when subjected to the fuel injector deposit test specified in §80.176(c).

(2) Option 2 regarding the specifications for the formulation of the test fuel used for fuel injector deposit testing.

(i) The test fuel must meet the requirements for federal emissions test gasoline specified in §§80.113 and 80.112 into which 4-methylbenzenethiol has been blended as a concentration of 56 mg/L.

(ii) The test fuel containing no deposit control additives must produce at least 4 inoperable injectors valves when subjected to the fuel injector deposit test specified in §80.176(c).

20.	A new section 80.178 is added to subpart G to read as follows:

§ 80.178 Incorporation by reference.

(a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51.  To enforce any edition other than that specified in this section, the Environmental Protection Agency (EPA) must publish notice of change in the Federal Register and the material must be available to the public. All approved material is available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202 - 741 - 6030 or go to: http://www/archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html.  This material is also available for inspection at the EPA Docket Center, Docket No. EPA - HQ - OAR - 2005 - 0161, EPA/DC, EPA West, Room 3334, 1301 Constitution Ave., NW, Washington DC.  The telephone number for the Air Docket is (202) 566 - 1742. Also, this material is available from the source listed in paragraphs (b) and (c) of this section.

(b) ASTM International, 100 Barr Harbor Drive, P.O. Box C - 700, West Conshohocken, Pennsylvania 19428 (1 - 800 - 262 - 1373, www.astm.org ).

(1) ASTM D 5598 - 94, "Standard Test Method for Evaluating Unleaded Automotive Spark-Ignition Engine Fuel for Electronic Port Fuel Injector Fouling," 1994; IBR approved for §80.165.

(2) ASTM D 5500 - 94, "Standard Test Method for Vehicle Evaluation of Unleaded Automotive Spark-Ignition Engine Fuel for Intake Valve Deposit Formation," 1994; IBR approved for §80.165.

(3) ASTM D6201 - 04(2009) ("ASTM D 6201"), Standard Test Method for Dynamometer Evaluation of Unleaded Spark-Ignition Engine Fuel for Intake Valve Deposit Formation; IBR approved for §80.176.

(4) ASTM D 4814 - 11, "Standard Specification for Automotive Spark-Ignition Engine Fuel", IBR approved for §80.177.

(5) ASTM D4806 - 11a "Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel", IBR approved for §80.177.

	(c) California Air Resources Board, 1001 "I" Street, P.O. Box 2815, Sacramento, CA 95812<PHONE_NUMBER>, http://www.arb.ca.gov).

(1) California Air Resources Board, "Test Method for Evaluating Port Fuel Injector (PFI) Deposits in Vehicle Engines", March 1, 1991; IBR approved for §80.165.

(2) California Air Resources Board, "BMW -- 10,000 Miles Intake Valve Test Procedure", March 1, 1991; IBR approved for §80.165.

Subpart H -- [Amended]

21. Section 80.330 is amended by revising paragraphs (c)(1), (d)(1), and (d)(2) to read as follows:

§ 80.330 What are the sampling and testing requirements for refiners and importers?

*	*	*	*	*

(c)	*	*	*

(1) For purposes of paragraph (a) of this section, refiners and importers shall use the method provided in §80.46(a)(1) or one of the alternative test methods listed in §80.46(a)(3) to measure the sulfur content of gasoline they produce or import through November 29, 2014.  Beginning November 30, 2014, for purposes of paragraph (a) of this section, refiners and importers shall use a method approved in §80.47.

*	*	*	*	*

(d)	*	*	*

(1) Refiners and importers shall use the method provided in §80.46(a)(2) to measure the sulfur content of butane when the butane constitutes a batch of gasoline through November 29, 2014.  Beginning November 30, 2014, refiners and importers shall use a method approved in §80.47 to measure the sulfur content of butane when the butane constitutes a batch of gasoline.

(2) Except as provided in paragraph (d)(1) of this section, any ASTM sulfur test method for gaseous fuels may be used for quality assurance testing under §§80.340(b)(4) and 80.400, if the protocols of the ASTM method are followed and the alternative test method is correlated to the method provided in §80.46(a)(2) through November 29, 2014.  Beginning November 30, 2014, except as provided in paragraph (d)(1) of this section, refiners and importers shall use a method approved in §80.47 to measure the sulfur content of butane.

*	*	*	*	*

22.	Section 80.370 is amended by:
a. Revising paragraph (a)(7)(iv).
b. Revising paragraph (d)(2).

§ 80.370 What are the sulfur reporting requirements?

*	*	*	*	*

(a)	*	*	*

(7)	*	*	*

(iv) The sulfur content of the batch, along with identification of the test method used to measure the sulfur content of the batch, as determined under §80.330; and

*	*	*	*	*

(d)	*	*	*

(2) Submitted to EPA by March 31 for the prior calendar year averaging period.

*	*	*	*	*

Subpart I -- [Amended]

23.	Section 80.511 is amended by revising paragraphs (b)(4) and (b)(10) to read as follows:

§ 80.511 What are the per-gallon and marker requirements that apply to NRLM diesel fuel, ECA marine fuel, and heating oil downstream of the refiner or importer?

*	*	*	*	*

(b)	*	*	*

(4) Except as provided in paragraphs (b)(5) through (8) of this section, the per-gallon sulfur standard of §80.510(c) shall apply to all NRLM diesel fuel beginning August 1, 2014 for all downstream locations other than retail outlets or wholesale purchaser-consumer facilities, shall apply to all NRLM diesel fuel beginning October 1, 2014 for retail outlets and wholesale purchaser-consumer facilities, and shall apply to all NRLM diesel fuel beginning December 1, 2014 for all locations.  This paragraph (b)(4) does not apply to LM diesel fuel produced from transmix or interface fuel that is sold or intended for sale in areas other than those listed in §80.510(g)(1) or (g)(2), as provided by §80.513(f).

*	*	*	*	*

(10) For the purposes of this subpart, on any occasion where a distributor directly dispenses fuel into vehicles or equipment from a mobile facility such as a tanker truck, the distributor shall be treated as a retailer, and the mobile facility shall be treated as a retail outlet.

24. Section 80.572 is amended by revising paragraph (a) to read as follows:

§ 80.572 What labeling requirements apply to retailers and wholesale purchaser-consumers of Motor Vehicle, NR, LM and NRLM diesel fuel and heating oil beginning June 1, 2010?

*	*	*	*	*

(a) From June 1, 2010 through November 30, 2014, any retailer or wholesale purchaser-consumer who sells, dispenses, or offers for sale or dispensing, motor vehicle diesel fuel subject to the 15 ppm sulfur standard of §80.520(a)(1), must affix the following conspicuous and legible label, in block letters of no less than 24-point bold type, and printed in a color contrasting with the background, to each pump stand:
ULTRA-LOW SULFUR HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)
Required for use in all highway diesel vehicles and engines.
Recommended for use in all diesel vehicles and engines.

*	*	*	*	*

25.  Section 80.573 is amended by revising paragraph (a) to read as follows:

§ 80.573 What labeling requirements apply to retailers and wholesale purchaser-consumers of NRLM diesel fuel and heating oil beginning June 1, 2012?

*	*	*	*	*

(a) From June 1, 2012 through September 30, 2014, for pumps dispensing NRLM diesel fuel subject to the 15 ppm sulfur standard of §80.510(c):
ULTRA-LOW SULFUR NON-HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)
Required for use in all model year 2011 and later nonroad diesel engines.
Recommended for use in all other non-highway diesel engines.
WARNING
Federal law prohibits use in highway vehicles or engines.

*	*	*	*	*

26.   Section 80.574 is revised to read as follows:

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

(a) Any retailer or wholesale purchaser-consumer who sells, dispenses, or offers for sale or dispensing ECA marine fuel must prominently and conspicuously display in the immediate area of each pump stand from which ECA marine fuel is offered for sale or dispensing, one of the following legible labels, as applicable, in block letters of no less than 24-point bold type, printed in a color contrasting with the background:

(1) From June 1, 2014 and beyond, for pumps dispensing ECA marine fuel subject to the 1,000 ppm sulfur standard of §80.510(k):
1,000 ppm SULFUR ECA MARINE FUEL (1,000 ppm Sulfur Maximum).
For use in Category 3 (C3) marine vessels only.
WARNING
Federal law prohibits use in any engine that is not installed on a C3 marine vessel; use of fuel oil with a sulfur content greater than 1,000 ppm in an ECA is prohibited except as allowed by 40 CFR part 1043.

(2) The labels required by paragraph (a)(1) of this section must be placed on the vertical surface of each pump housing and on each side that has gallon and price meters. The labels shall be on the upper two-thirds of the pump, in a location where they are clearly visible.

(b) Alternative labels to those specified in paragraph (a) of this section may be used as approved by EPA.

(1) For US Mail: U.S. EPA, Attn:  Diesel Sulfur Alternative Label Request, 6406J, 1200 Pennsylvania Avenue, NW, Washington, DC 20460.

(2) For overnight or courier services: U.S. EPA, Attn: Diesel Sulfur Alternative Label Request, 6406J, 1310 L Street, NW, 6th floor, Washington, DC 20005.<PHONE_NUMBER>.

27.  Section 80.580 is amended by:
a. Revising paragraph (e) introductory text.
b. Revising paragraph (e)(1) introductory text.
c. Revising paragraphs (e)(1)(i) through (e)(1)(iv).

§ 80.580 What are the sampling and testing methods for sulfur?

*	*	*	*	*

(e) Materials incorporated by reference.  The Director of the Federal Register approved the incorporation by reference of the documents listed in this section as prescribed in 5 U.S.C. 552(a) and 1 CFR 51.  Anyone may inspect copies at the U.S. EPA, Air and Radiation Docket and Information Center, 1301 Constitution Ave., N.W., Room B102, EPA West Building, Washington, DC, 20460, under EPA docket ID Number EPA - HQ - OAR - 2011 - 0135, or at the National Archives and Records Administration (NARA).  The telephone number for the Air Docket Public Reading Room is<PHONE_NUMBER>.  For information on the availability of this material at NARA, call<PHONE_NUMBER> or go to: http://www.archives.gov//federal_register/code_of_federal_regulations/ibr_locations.html.  For further information on these test methods, please contact the Environmental Protection Agency at<PHONE_NUMBER>.

(1) ASTM International material.  Anyone may purchase copies of these materials from ASTM International, 100 Barr Harbor Dr., West Conshohocken, PA 19428-2959, or by contacting ASTM International customer service at<PHONE_NUMBER>, or by contacting the email address of<EMAIL_ADDRESS>from the ASTM International Web site of http://www.astm.org.

(i) ASTM International standard method D2622-10 ("ASTM International D2622"), "Standard Test Method for Sulfur in Petroleum Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry", approved February 15, 2010.

(ii) [Reserved]

(iii) ASTM International standard method D4294-10 ("ASTM International D4294"), "Standard Test Method for Sulfur in Petroleum Products by Energy Dispersive X-Ray Fluorescence Spectrometry", approved February 15, 2010.

(iv) ASTM International standard method D5453-09 ("ASTM International D5453"), "Standard Test Method for Sulfur in Petroleum Products by Energy Dispersive X-Ray Fluorescence Spectrometry", approved June 15, 2009.

*	*	*	*	*

28.  Section 80.585 is amended by revising paragraph (d)(4) to read as follows:

§80.585 What is the process for approval of a test method for determining the sulfur content of diesel or ECA marine fuel?

*	*	*	*	*

(d)	*	*	*

(4) The approval of any test method under paragraph (b) of this section shall be valid for five years from the date of approval by the Administrator.  After the five year period has ceased, in order for the test method approval to remain valid, the test method must be resubmitted for approval with applicable precision and accuracy information contained in §80.584(a) and (b).  If, however, the test method is later approved by a voluntary consensus-based standards body, the approval shall remain valid as long as the conditions of paragraph (a) of this section are met.

*	*	*	*	*

29. Section 80.604 is amended by revising paragraphs (f)(3) and (4) to read as follows:

§ 80.604 What are the annual reporting requirements for refiners and importers of NRLM diesel fuel?

*	*	*	*	*

(f)	*	*	*

(3) Except for small refiners subject to §80.554(d), submitted to EPA by September 1 each year for the prior annual compliance period. Small refiners subject to the provisions of §80.554(d), reports must be submitted by September 1 for the previous reporting period.

(4) With the exception of reports required under paragraph (b)(3) of this section, no reports will be required under this section after September 1, 2014.

Subpart L--[Amended]

30.  Section 80.1235 is amended by revising paragraphs (a)(6) and (b)(2) to read as follows:

§ 80.1235 What gasoline is subject to the benzene requirements of this subpart?

(a)	*	*	*

(6) Blendstock that is combined with PCG to produce gasoline must be sampled and tested in accordance with the provisions at §80.1347(a)(5) or (6).

(b)	*	*	*

(2) Oxygenate added to PCG downstream of the refinery that produced the PCG, or downstream of the import facility where the PCG was imported, shall not be included in a refiner's or importer's compliance calculations unless the refiner or importer that produced or imported the PCG complies with the requirements of §80.1238(b).  On any occasion where any person downstream of the refinery or importer that produced or imported PCG adds oxygenate to such product, it shall not include the volume and benzene content of the oxygenate in any compliance calculations or for credit generation under this subpart.

*	*	*	*	*

31.  Section 80.1238 is amended by revising paragraph (b)(1) to read as follows:

§80.1238 How is a refinery's or importer's average benzene concentration determined?

*	*	*	*	*

(b)	*	*	*

(1) For oxygenate added to conventional gasoline or CBOB, the refiner or importer must comply with the requirements of §80.101(d)(4)(ii) and the benzene content must be measured by sampling the ethanol actually added to the conventional gasoline or CBOB and testing it for benzene content.

*	*	*	*	*

32.	Section 80.1347 is amended to read as follows:
	1.	By revising paragraphs (a)(3)(i) and (a)(5).
	2. 	By adding a new paragraph (a)(6).

§ 80.1347	What are the sampling and testing requirements for refiners and importers?

(a)	*	*	*

(3)(i)	Each sample shall be tested in accordance with the methodology specified at §80.46(e) through November 29, 2014, to determine its benzene concentration for compliance with the requirements of this subpart.  Beginning November 30, 2014, each sample shall be tested in accordance with the methodology specified at §80.46(e) or §80.47 to determine its benzene concentration for compliance with the requirements of this subpart.  Any negative test result must be reported as zero.

*	*	*	*	*

(5) Exclusion of previously certified gasoline (PCG).

(i) Any refiner who uses PCG to produce gasoline at a refinery, must exclude the PCG for purposes of demonstrating compliance with the benzene standards at §80.1230.

(ii) To accomplish the exclusion required in paragraph (a)(5)(i) of this section, the refiner must determine the volume and benzene content of the PCG used at the refinery and the volume and benzene content of gasoline produced at the refinery, and use the compliance calculation procedures in paragraphs (a)(5)(iii) and (iv) of this section.

(iii) For each batch of PCG that is used to produce gasoline the refiner must include the volume and benzene content of the PCG as a negative volume and a positive benzene content in the refiner's compliance calculations in accordance with the requirements at §80.1238.

(iv) For each batch of gasoline produced at the refinery using PCG and blendstock, the refiner must determine the volume and benzene content of the combined product and include each batch for purposes of benzene compliance in the refinery's compliance calculations at §80.1240 without regard to the presence of previously certified gasoline in the batch.

(v) The refiner must use any PCG that it includes as a negative batch in its compliance calculations pursuant to §80.1240 as a component in gasoline production during the annual averaging period in which the PCG was included as a negative batch in the refiner's compliance calculations.

(vi) Any negative annual average value must be reported as zero.

(vii) The refiner must also comply with §80.65(i) when producing RBOB or RFG and §80.101(g)(9) when producing conventional gasoline.

(6) As an alternative to the sampling and testing requirements in paragraph (a)(5) of this section, a refiner who produces gasoline by blending blendstock into PCG may sample and test each batch of blendstock when received at the refinery to determine the volume and benzene content, and treat each blendstock receipt as a separate batch for purposes of demonstrating compliance with the benzene standards in §80.1230, and for benzene reporting.

*	*	*	*	*

33.  Section 80.1348 is revised to read as follows:

§80.1348 What gasoline sample retention requirements apply to refiners and importers?

(a) Through November 29, 2014, the gasoline sample retention requirements specified in subpart H for the gasoline sulfur provisions apply for the purpose of complying with the requirements of this subpart L, except that in addition to including the sulfur test result as provided by §80.335(a)(4)(ii), the refiner, importer, or independent laboratory shall also include with the retained sample the test result for benzene as conducted pursuant to §80.46(e).

(b) Beginning November 30, 2014, pursuant to §80.47, the gasoline sample retention requirements specified in subpart O of this part for the gasoline sulfur provisions apply for the purpose of complying with the requirements of this subpart L, except that in addition to including the sulfur test result as provided by §80.335(a)(4)(ii), the refiner, importer, or independent laboratory shall also include with the retained sample the test result for benzene as conducted pursuant to §80.46(e).

34.  A new §80.1349 is added to subpart L to read as follows:

§ 80.1349 Alternative sampling and testing requirements for importers who import gasoline into the United States by truck.

Importers who import conventional gasoline into the United States by truck may comply with the sampling and testing requirements in §80.101(i)(3) instead of the requirements to sample and test every batch of gasoline under §80.1347.  An importer that uses this approach must meet the 0.62 volume percent benzene standard on a per-gallon basis.

35.  Section 80.1354 is amended by:
a. Revising paragraph (b)(2).
	b. Revising paragraph (d)(2).

§80.1354 What are the reporting requirements for the gasoline benzene program?

*	*	*	*	*

(b)	*	*	*

(2)(i) The annual average benzene concentration, along with identification of the test method(s) used to measure the annual average benzene concentration, per §80.1238.

(ii) The maximum average benzene concentration, along with identification of the test method(s) used to measure the maximum average benzene concentration, per §80.1240(b).

*	*	*	*	*

(d)	*	*	*

(2) Submitted to EPA by March 31 each year for the prior calendar year averaging period.

*	*	*	*	*

36.  Section 80.1451 is amended by:
      a. Revising paragraph (a)(1) introductory text.
      b. Revising paragraph (f)(2).

§ 80.1451 What are the reporting requirements under the RFS program?

(a)	*	*	*

(1) Annual compliance reports for the previous compliance period shall be submitted by March 31 of each year and shall include all of the following information:

*	*	*	*	*

(f)	*	*	*

(2) Quarterly reports shall be submitted by the required deadline as shown in Table 1. Any reports generated by EMTS must be reviewed, supplemented, and/or corrected if not complete and accurate, and verified by the owner or responsible corporate officer prior to submittal.
             Table 1 to §80.1451:  Quarterly Reporting Deadlines
Calendar Quarter
Time Period Covered
Quarterly Report Deadline
Quarter One
January 1 - March31
June 1
Quarter Two
April 1  -  June 30
September 1
Quarter Three
July 1  -  September 30
December 1
Quarter Four
October 1  -  December 31
March 31

*	*	*	*	*

37.  A new subpart O is added to part 80 to read as follows:

Subpart O -- Gasoline Sulfur

§80.1600	Definitions for subpart O.
§80.1601	Fuels subject to the provisions of this subpart.
§80.1602	Implementation dates for refiners and importers.
§80.1603	Gasoline sulfur standards for refiners and importers.
§80.1604	Gasoline sulfur standards and requirements for parties downstream of refiners and importers.
§80.1605	Deficit carry-forward for refiners and importers.
§80.1606	[Reserved]
§80.1607	Gasoline sulfur standards and requirements for transmix processors and transmix blenders.
§80.1608	[Reserved]
§80.1609	Blender requirements.
§80.1610	Standards and requirements for producers of denatured fuel ethanol and other oxygenates for use by gasoline oxygenate blenders.
§80.1611 -- 80.1612	[Reserved]
§80.1613	Standards and other requirements for gasoline additive manufacturers and blenders.
§80.1614	[Reserved]
§80.1615	Credit generation.
§80.1616	Credit use and transfer.
§80.1617 -- 80.1619	[Reserved]
§80.1620	Small refiner definition.
§80.1621	Small volume refinery definition.
§80.1622	Approval for small refiner and small volume refinery status.
§80.1623 -- 80.1624	[Reserved]
§80.1625	Hardship provisions.
§80.1626 -- 80.1629	[Reserved]
§80.1630	Sampling and testing requirements for refiners and importers.
§80.1631	Sample retention requirements.
§80.1632 -- 80.1639	[Reserved]
§80.1640	Standards and requirements that apply to refiners producing gasoline by blending blendstocks into previously certified gasoline (PCG).
§80.1641	Alternative sulfur standards and requirements that apply to importers who transport gasoline by truck.
§80.1642 -- 80.1649	[Reserved]
§80.1650	Registration.
§80.1651	Product transfer document requirements.
§80.1652	Reporting requirements.
§80.1653	Recordkeeping.
§80.1654	California gasoline requirements.
§80.1655	National security exemptions.
§80.1656	Exemptions for gasoline used for research, development, or testing purposes.
§80.1657	[Reserved]
§80.1658	Requirements for gasoline for use in American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands.
§80.1659	[Reserved]
§80.1660	Prohibited acts.
§80.1661	What evidence may be used to determine compliance with the prohibitions and requirements of this subpart and liability for violations of this subpart?
§80.1662	Liability for violations under subpart O.
§80.1663	Defenses for a violation of a prohibited act under subpart O.
§80.1664	[Reserved]
§80.1665	Penalties.
§80.1666	Additional requirements for foreign small refiners and foreign small volume refineries.
§80.1667	Attest engagement requirements.
§80.1668 -- 80.1674	[Reserved]
§80.1675	Incorporation by reference.

§80.1600	Additional definitions for subpart O.

The definitions of §80.2 and the following additional definitions apply to this subpart O:

California gasoline means any gasoline designated by a refiner or importer for use in California.

Certified Sulfur-FRGAS has the meaning given in §80.1666(a)(5).

Foreign refiner is a person who meets the definition of refiner under §80.2(i) for a foreign refinery.

Foreign refinery means a refinery that is located outside the United States, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands (collectively referred to in this subpart as "the United States").

Non-Certified Sulfur-FRGAS has the meaning given in §80.1666(a)(6).

Non-Sulfur-FRGAS has the meaning given in §80.1666(a)(4).

Sulfur-FRGAS has the meaning given in §80.1666(a)(3).

Transmix has the meaning given at §80.84(a)(2).

Transmix gasoline product (TGP) has the meaning given at §80.84(a)(3).

Transmix processing facility has the meaning given at §80.84(a)(4).

Transmix processor has the meaning given at §80.84(a)(5).

Transmix blender has the meaning given at §80.84(a)(7).

§80.1601	Fuels subject to the provisions of this subpart.

(a) For the purposes of this subpart, the following fuels are subject to the standards and requirements of this subpart:

(1) Reformulated and conventional gasoline and RBOB, and CBOB (collectively called "gasoline" unless otherwise specified).

(2) Any blendstock (not including oxygenates) blended with PCG, as defined in §80.2(d), subject to the provisions of §80.1640.

(3) Oxygenates blended with gasoline, RBOB, or CBOB.

(b) For the purposes of this subpart, the following fuels are not subject to the standards and requirements of this subpart:

(1) Gasoline that is used to fuel aircraft, racing vehicles or racing boats that are used only in sanctioned racing events, provided that:

(i) Product transfer documents associated with such gasoline, and any pump stand from which such gasoline is dispensed, identify the gasoline either as gasoline that is restricted for use in aircraft, or as gasoline that is restricted for use in racing motor vehicles or racing boats that are used only in sanctioned racing events;

(ii) The gasoline is completely segregated from all other gasoline throughout production, distribution and sale to the ultimate consumer; and

(iii) The gasoline is not made available for use as motor vehicle gasoline, or dispensed for use in motor vehicles, except for motor vehicles used only in sanctioned racing events.

(2) California gasoline as defined in §80.1600 subject to the provisions of §80.1654.

(3) Gasoline that is exported for sale and use outside the U.S.

(4) Exempt fuels under §§80.1655 (national security exemptions), 80.1656 (gasoline used for research, development, or testing purposes), and 80.1658 (gasoline used in American Samoa, Guam, and the Northern Mariana Islands).

§80.1602	Implementation dates for refiners and importers.

(a) The standards and requirements for gasoline sulfur under this subpart O (at §80.1603) shall apply to gasoline produced or imported by any refiner or importer beginning January 1, 2017, except as provided by the credit provisions of §§80.1615 and 80.1616, and the provisions applicable to small refiners and small volume refineries.

(b) The standards and requirements for gasoline sulfur under subpart H of this part 80 shall continue to apply until the gasoline produced or imported by any refiner or importer is required to comply with the standards and requirements under this subpart O.

§80.1603	Gasoline sulfur standards for refiners and importers.

(a) Sulfur standards.

(1) Annual average standard.

(i) The refinery or importer annual average gasoline sulfur standard is 10.00 parts per million (ppm) or milligrams per kilogram (mg/kg), except as provided in paragraph (a)(1)(iii) of this section.

(ii) The averaging period is a calendar year (January 1 through December 31).

(iii) The refinery or importer annual average gasoline sulfur standard is the maximum average sulfur level allowed for gasoline produced at a refinery or imported by an importer during each calendar year beginning January 1, 2017, except as provided by the following:

(A) The credit use provisions of §80.1616.

(B) Beginning January 1, 2020, for small refiners and small volume refineries approved pursuant to the provisions of §80.1622.  Small refiners and small volume refineries will continue to be subject to the provisions of subpart H through December 31, 2019 (or until compliance with this subpart O begins).

(C) Fuels not subject to the standards and requirements of this subpart O as specified in §80.1601(b).

(iv) The annual average sulfur level is calculated in accordance with paragraph (c) of this section.

(2) Per-gallon cap standard.

(i) The refinery or importer per-gallon cap standard is 80 ppm, on a per-gallon basis except as otherwise provided by this section.

(ii) The per-gallon cap of paragraph (a)(2)(i) of this section is the maximum sulfur level allowed for any batch of gasoline produced at a refinery or imported by an importer beginning January 1, 2017, except for fuels not subject to the standards and requirements of this subpart O as specified in §80.1601(b).

(3) The refinery or importer annual average gasoline sulfur standard may be met using credits as provided under §80.1616.  Credits cannot be used to meet the applicable per-gallon standard.

(b) [Reserved]

(c) Calculation of the annual average sulfur level.

(1) The annual refinery or importer average gasoline sulfur level is calculated as follows:

Where:
Sa =	The refinery or importer annual average sulfur level, in ppm (mg/kg).
Vi =	The volume of gasoline produced or imported in batch i, in gallons.
Si =	The sulfur content of batch i determined under §80.1630, in ppm (mg/kg).
n =	The number of batches of gasoline produced or imported during the averaging period.
i =	Individual batch of gasoline produced or imported during the averaging period.

(2) The annual average sulfur level calculation in paragraph (c)(1) of this section shall be conducted to two decimal places using the rounding procedure specified in §80.9.

(d) A refiner or importer may include oxygenate added downstream from the refinery or import facility when calculating the sulfur content, provided the following requirements are met:

(1) For oxygenate added to conventional gasoline or CBOB, the refiner or importer must comply with the requirements of §80.101(d)(4)(ii), except that the sulfur content and volume of the oxygenate shall be determined in accordance with paragraph (d)(3) of this section.

(2) For oxygenate added to RBOB, the refiner or importer must comply with the requirements of §80.69(a), except that the sulfur content and volume of the oxygenate shall be determined in accordance with paragraph (d)(3) of this section.

(3) Where oxygenate added downstream from the refinery or import facility is included in calculating the sulfur content under this paragraph (d):

(i) The refiner or importer must separately test any RBOB or CBOB for sulfur content and use that test result in calculating the sulfur content of the RFG or conventional gasoline and calculate the effect of downstream added ethanol by using the assumptions in paragraphs (d)(3)(ii) and (iii) of this section.  The reported volume of the batch is the combined volume of the RBOB or CBOB and the downstream added oxygenate.

(ii) For RBOB, the sulfur test result obtained from testing a hand blend under the terms of §80.69(a) shall not be used for sulfur reporting purposes.

(iii) The refiner or importer must use an assumed sulfur content of 10.00 ppm for the oxygenate added downstream.

(iv) For ethanol added downstream, the refiner or importer calculations shall assume that 10.00 volume percent ethanol is added to the RBOB unless some lesser amount of ethanol is actually blended.

(v) RBOB, CBOB, and conventional gasoline must meet the per-gallon sulfur standard of §80.1603(a)(2) prior to calculating any dilution from the oxygenate added downstream.

(4) On any occasion where any person downstream of the refinery or importer that produced or imported previously certified gasoline, CBOB or RBOB adds oxygenate to such product,  it shall not include the volume and sulfur content of the oxygenate in any compliance calculations or for credit generation under this subpart O.

(e) Refiners and importers must exclude from compliance calculations all of the following:

(1) Gasoline that was not produced at the refinery or imported by the importer.

(2) In the case of an importer, gasoline that was imported as Certified Sulfur-FRGAS.

(3) Blendstocks transferred to others, except RBOB and CBOB as provided in this subpart O.

(4) PCG.

(5) Gasoline exempted from standards under §80.1601(b).

(f) Compliance calculation for the annual average sulfur standard.

(1) Compliance by a refinery or importer with the gasoline sulfur annual average standard at paragraph (a)(1) of this section is achieved if, for calendar year y, CSVy<= (Vyx 10), as determined by the following equation:

CSVy = (Vy x Sa) + D(y-1)  -  OC

Where:

CSVy = Compliance sulfur value for year y, in ppm-gallons.
Vy = Total gasoline volume produced or imported in year y, in gallons.
Sa = Annual average sulfur level calculated in accordance with paragraph (c) of this section, in ppm (mg/kg).
D(y-1) = Sulfur deficit from the previous reporting period, per §80.1605, in ppm-gallons.
OC = Sulfur credits obtained by the refinery or importer, in ppm-gallons.

(2) Sulfur credits used in the calculation specified in paragraph (f)(1) of this section must be used in accordance with the requirements at §80.1616.

(3) Compliance with the gasoline sulfur annual average standard at paragraph (a)(1) of this section is not achieved, and a deficit is created per §80.1605, if for calendar year y, CSVy> (Vyx 10). The deficit value to be included in the following year's compliance calculation per paragraph (f) of this section is calculated as follows:
Dy = CSVy  -  (Vy x 10y)
Where:
Dy = Sulfur deficit created in compliance period y, in ppm-gallons.

§80.1604 Gasoline sulfur standards and requirements for parties downstream of refiners and importers.

(a) The sulfur standard for gasoline at any downstream location shall be determined in accordance with the provisions of this section.  A downstream location is any point in the gasoline distribution system downstream from refineries and import facilities, including, but not limited to, facilities of any of the following parties:

(1) Distributors.

(2) Carriers.

(3) Oxygenate blenders.

(4) Retailers.

(5) Wholesale purchaser-consumers.

(b) Except as otherwise provided in this subpart O, the sulfur content of gasoline at any downstream location shall not exceed 95 ppm, on a per-gallon basis, beginning January 1, 2017.

§80.1605 Deficit carry-forward for refiners and importers.

(a) Deficit carry-forward.

(1) A refiner or importer may exceed the annual average sulfur standard for a given calendar year, creating a compliance deficit, provided that the requirements of paragraph (a)(2) of this section are met.

(2) When a compliance deficit is created per paragraph (a)(1) of this section, in the calendar year following the year the standard is not met, the refinery or importer must:

(i) Achieve compliance with the annual average sulfur standard in §80.1603(a)(1); and

(ii) Use additional sulfur credits sufficient to offset the compliance deficit of the previous year.

(b)  The compliance deficit value shall be calculated in accordance with §80.1603(f)(3).

§80.1606 [Reserved]

§80.1607 Gasoline sulfur standards and requirements for transmix processors and transmix blenders.

Transmix processors and transmix blenders may comply with the following requirements instead of the requirements and standards otherwise applicable to a refiner under this subpart O.

(a) Any transmix processor who recovers transmix gasoline product (TGP) from transmix through transmix processing under §80.84(c) must show through sampling and testing (using the methods in §80.1630) that the TGP meets the applicable sulfur standards under §80.1604(b), prior to the TGP leaving the transmix processing facility.

(b) The sampling and testing required under paragraph (a) of this section shall be conducted following each occasion TGP is produced.

(c) Any transmix processor who produces gasoline by adding blendstock to TGP must, for such blendstock, comply with all requirements and standards that apply to a refiner under this subpart O, and must meet the applicable downstream sulfur standards under §80.1604 for the gasoline produced by blending blendstock and TGP, prior to the gasoline leaving the transmix processing facility.

(d) Any transmix processor who produces gasoline by blending blendstock into TGP must meet the sampling and testing requirements of this subpart O through either of the methods provided in paragraph (d)(1) of this section or through the alternative method provided in paragraph (d)(2) of this section.

(1)(i) Sample and test the blendstock when received at the transmix processing facility, using the methods specified in §80.1630, to determine the volume and sulfur content, and treat each volume of blendstock that is blended into a volume of TGP as a separate batch for purposes of calculating and reporting compliance with the applicable annual average and per-gallon cap sulfur standards in §80.1603.

(ii) Use sulfur test results of the blendstock supplier provided that all the following requirements are met:

(A) Sampling and testing by the blendstock supplier is performed using the methods specified in §80.1630.

(B) Testing for the sulfur content of the blendstock in the supplier's storage tank must be conducted following the last receipt of blendstock into the supplier's storage tank that supplies the transmix processor.

(C) The transmix processor must obtain a copy of the blendstock supplier's test results, reflecting the sulfur content of each load of blendstock supplied to the transmix processor, at the time of each transfer of blendstock to the transmix processor.

(D) The transmix processor must conduct a quality assurance program of sampling and testing for each blendstock supplier. The frequency of blendstock sampling and testing must be one sample for every 500,000 gallons of blendstock received or one sample every 3 months, whichever results in more frequent sampling.

(iii) If any of the requirements of paragraph (d)(1)(ii) of this section are not met, in whole or in part, for any blendstock blended into TGP, that blendstock is deemed in violation of the gasoline sulfur standards of this subpart O.

(2) As an alternative to the sampling and testing procedures described in paragraph (d)(1) of this section, the following procedures may be used:

(i) Sample and test each batch of TGP and determine the volume of the TGP.

(ii) Sample and test the gasoline produced by blending blendstock into TGP, and determine its volume.

(iii) Calculate the sulfur content and the volume of the batch by subtracting the volume and sulfur content of the TGP from the volume and sulfur content of the gasoline after blendstock blending.  For purposes of compliance and reporting, the sulfur content shall be the calculated volume and sulfur content of the blendstock, and the applicable standards shall be the average and cap standards in §80.1603.  The applicable cap standard of the gasoline blend shall be the cap standard under §80.1604.

(iv) Tests shall be performed using the methods specified in §80.1630, to determine the sulfur content of the batch.

(v) The sulfur content of each batch of gasoline produced by blending blendstock into TGP must be no greater than the downstream sulfur standard under §80.1604 applicable to the designation of the TGP.

(e) Any transmix blender who produces gasoline by blending transmix, or mixtures of gasoline and distillate fuel described in §80.84(e), into previously certified gasoline under §80.84(d) must meet the applicable downstream sulfur standards under §80.1604 for the gasoline produced by blending transmix and previously certified gasoline and the endpoint standard specified in §80.84.

(f) Any transmix processor or transmix blender who adds any feedstock to its transmix other than gasoline, distillate fuel, or gasoline blendstocks from pipeline interface must meet all requirements and standards that apply to a refiner under this subpart O for all gasoline it produces during a compliance period.

§80.1608 [Reserved]

§80.1609 Oxygenate blender requirements.

(a) Oxygenate blenders who blend only oxygenate that complies with the requirements of paragraph (b) of this section into gasoline downstream of the refinery that produced the gasoline or the import facility where the gasoline was imported are not subject to the refiner or importer requirements of this subpart for such gasoline. Such oxygenate blenders are subject to the requirements of paragraph (b) of this section, the requirements and prohibitions applicable to downstream parties, the requirements of §80.1603(d)(4), and the prohibition specified in §80.1660(e).

(b) Beginning March 1, 2017, the DFE or other oxygenate used must comply with the requirements of §80.1610.  Prior to March 1, 2017, DFE is subject to the sulfur requirements of §80.385(e).

§80.1610 Standards and requirements for producers of denatured fuel ethanol and other oxygenates for use by gasoline oxygenate blenders.

Beginning January 1, 2017, producers of denatured fuel ethanol (DFE) or other oxygenates for use by oxygenate blenders under §80.1609 must comply with the following requirements:

(a) Standards.

(1) The sulfur content must not be greater than 10 ppm as determined in accordance with the test requirements of §80.1630.

(2) The DFE or other oxygenate must be composed solely of carbon, hydrogen, nitrogen, oxygen and sulfur.

(3) In the case of DFE, only gasoline, RBOB, CBOB, or natural gas liquids may be used as denaturants.

(4) The concentration of all denaturants used in DFE is limited to a maximum of 2. volume percent.

(b) Registration.  Unless registered under §80.1450, the producer of DFE or other oxygenate must register with EPA pursuant to the requirements of §80.1650.

(c) PTDs.  The producer of DFE or other oxygenate must initiate a PTD for each batch of DFE or other oxygenate that it ships from its facility which contains the statement in either paragraph (c)(1) or (c)(2) of this section, as applicable.

(1) For DFE, "Meets EPA standards for denatured fuel ethanol for use in gasoline"; or

(2) For oxygenates other than DFE, "Meets EPA standards for motor fuel oxygenates for use in gasoline"

(3) PTDs that are complaint with the requirements in paragraph (c) of this section must be transferred from each party transferring oxygenate to each party that receives oxygenate through to the oxygenate blender.

(d) Every batch of oxygenate produced or imported at oxygenate production or import facility shall be assigned a number (the "batch number"), consisting of the EPA-assigned oxygenate producer or importer registration number, the EPA facility registration number, the last two digits of the year in which the batch was produced, and a unique number for the batch, beginning with the number one for the first batch produced or imported each calendar year and each subsequent batch during the calendar year being assigned the next sequential number ( e.g. , 4321 - 54321 - 95 - 000001, 4321 - 543321 - 95 - 000002, etc.)

§§80.1611 -- 80.1612	[Reserved]

§80.1613 Standards and other requirements for gasoline additive manufacturers and blenders.

Gasoline additive manufacturers and blenders must meet the following requirements:

(a) Gasoline additive manufacturers, as defined in §79.2(f), must meet the following requirements:

	(1)(i) Except as otherwise provided, this section applies to any additive, as defined in §79.2(e), manufactured for use in gasoline that is not an oxygenate compound, and that is sold for use at a concentration of less than 1.0% by volume.

(ii) Oxygenate compound additives subject to the 10 ppm per-gallon sulfur standard and the requirements of §80.1610 are not subject to the provisions of this section except for the provisions of paragraph (b)(1) of this section.

 (2) The additive must contribute no more than 3 ppm on a per gallon basis to the sulfur content of gasoline when used at the maximum recommended treatment rate.

(3) The additive manufacturer must maintain records of its additive production quality control activities which demonstrates that the sulfur content of additive production batches complies with the sulfur requirement in paragraph (a)(1) of this section and make these records available upon request.

(4) The maximum treatment rate on the product transfer document for the additive must state all the following:

(i) The maximum registered concentration.

(ii) The maximum allowed treatment rate which corresponds to the maximum registered concentration.  The maximum allowed concentration must comply with the requirements in paragraph (a)(2) of this section.

(b) The following provisions apply to parties who are downstream of the gasoline refiner or importer and who blend additives to gasoline, RBOB or CBOB and who are not refiners.

(1) On any occasion where the additive blender is solely acting as an oxygenate blender, as defined in §80.2(mm), it is subject to the prohibition in §80.1660(e) and the downstream gasoline sulfur standard of §80.1604(b).

(2) On any occasion where an additive blender blends an additive (subject to the requirements of §80.1613(a)) at a concentration of less than 1.0% by volume, it is subject to the prohibition in §80.1660(f) and the downstream gasoline sulfur standard of §80.1604(b).

(3) On any occasion where an additive blender blends an additive at a concentration of 1.0% by volume or greater, it is a fuel manufacturer as defined in §79.2(d), and is subject to all the provisions that apply to refiners under this subpart O.

§80.1614 [Reserved]

§80.1615 Credit generation.

(a) Who may generate credits?  Credits may be generated under this subpart O, as provided in paragraphs (b), (c), and (d) of this section, by the following entities:

(1) U.S. refiners, including small refiners under §80.1620, and refiners owning small volume refineries under §80.1621.  Foreign refiners may not generate credits.

(2) Importers.

(b) Early credit generation -- January 1, 2014 through December 31, 2016.

(1) Early credits may be generated for gasoline produced or imported from January 1, 2014 through December 31, 2016, by a refiner, including small refiners and owners of small volume refineries approved pursuant to §80.1622, and importers.

(2) A refiner or importer may generate early credits for gasoline it produces at a refinery or imports during an annual averaging period when its annual average sulfur level, calculated in accordance with the provisions of 80.1603(c), is less than 30 ppm.

(3)(i) The number of early credits generated shall be calculated annually for each applicable averaging period according to the following equation:

                          ECa = [Va x (30-Sa)] - CRa
Where:
	ECa = Early credits generated during the annual averaging period, in ppm-gallons, for use pursuant to §80.1616.
	Sa = Annual average sulfur level, calculated in accordance with the provisions of 80.1603(c), in ppm.
	Va = Total volume of gasoline produced or imported during the averaging period, in gallons.
CRa = Credits generated during the annual averaging period per §80.310, in ppm-gallons, for use pursuant to subpart H.

(ii) No credits shall be generated unless the value of ECa is positive.

(iii) The value of ECa shall be rounded to the nearest ppm-gallon in accordance with the rounding procedure specified in §80.9.

(4) A refiner or importer may include any downstream added oxygenates included in its RFG or conventional gasoline volume under the provisions of §§80.69 and 80.101(d)(4), respectively, for the purpose of generating credits.

(5) All, some, or no credits generated during the time period specified in paragraph (b)(1) of this section must be designated as subject to the requirements of subpart H.  Any remaining credits must be designated as subject to the requirements of this subpart O.

(c) Standard credit generation -- beginning January 1, 2017.

(1) Refiners, including small refiners and owners of small volume refineries approved pursuant to §80.1622, and importers may generate standard credits for the gasoline produced at a refinery or imported during an annual averaging period when the annual average sulfur level of the refiner, refinery or importer, as applicable, and as calculated in accordance with the provisions of §80.1603(c), is less than 10 ppm.

(2)i) The number of standard credits generated shall be calculated annually for each applicable averaging period according to the following equation:

                          SCa = [Va x (10-Sa)] - CRa

	Where:
SCa = Standard credits generated during the annual averaging period, in ppm-gallons, for use pursuant to §80.1616.
	Sa = Annual average sulfur level, calculated in accordance with the provisions of §80.1603(c), in ppm.
Va = Total volume of gasoline produced or imported during the averaging period, in gallons.
CRa = Credits generated during the annual averaging period per §80.310, in ppm-gallons, for use pursuant to subpart H.  This term is applicable only to small refiners and small volume refineries per paragraph (c)(1) of this section, and only prior to January 1, 2020.  Beginning January 1, 2020, the value of this term is zero.

(ii) No credits shall be generated unless the value of SCa is positive.

(iii) The value of SCa shall be rounded to the nearest ppm-gallon in accordance with the rounding procedure specified in §80.9.

(3) A refiner or importer may include any downstream added oxygenates included in its RFG or conventional gasoline volume under the provisions of §§80.69 and 80.101(d)(4), respectively, for the purpose of generating credits.

(4) Prior to January 1, 2020, credits generated under this paragraph (c) by small refiners and owners of small volume refineries per paragraph (c)(1) of this section must be designated as subject to the requirements of subpart H.  Any remaining credits must be designated as subject to the requirements of this subpart O.

§80.1616 Credit use and transfer.

(a) Credit use.

(1) Credits may be used to meet the applicable annual average sulfur standards of §80.1603(a)(1).

(2) Credits must have been generated pursuant to the requirements of §80.1615.

(3) Only obligated parties under this subpart O may generate, use, transfer or own credits generated under this subpart O.

(4) Credit life - Early Credits.

(i) Early credits generated under §80.1615(b) are valid for use for the 2017 through 2019 compliance years.  All early credits will expire and become invalid after February 29, 2020, when the 2019 annual compliance report is due.

(ii) Early credits may be used for compliance with the annual average sulfur standard of §80.1603(a)(1) by refiners and importers.

(5) Credit life  -  Standard Credits.

(i) Standard credits generated under §80.1615(c) are valid for use for five (5) years from the year in which they are generated.  For example, standard credits generated in 2017 may be used for compliance through the 2022 compliance period (they would expire and become invalid after February 28, 2023, the 2022 annual compliance report due date).

(ii) Standard credits may be used for compliance with the annual average sulfur standard of §80.1603(a)(1) by refiners and importers.

(6) A refiner or importer possessing credits must use all credits prior to falling into a compliance deficit.

(7) In no case may a credit be transferred more than twice before being used or terminated.

(b) Credit transfers.

(1) Credits obtained from other obligated parties may be used to meet the annual average standards of this subpart O, if all of the following conditions are met:

(i) The credits are generated and reported according to the requirements of this subpart O.

(ii) The credits are used in compliance with the limitations regarding the appropriate periods for credit use pursuant to paragraph (a) of this section.

(iii) Any credit transfer takes place no later than February 28 following the calendar year averaging period when the credits are used.

(iv) The credit has not been transferred more than twice.  The first transfer by the refiner or importer who generated the credit may only be made to a refiner or importer who intends to use the credit; if the transferee cannot use the credit, it may make the second, and final, transfer only to a refiner or importer who intends to use the credit.

(v) The credit transferor must apply any credits necessary to meet the transferor's applicable average standard before transferring credits to any other refiner or importer.

(vi) The credit transferor does not create a negative credit balance as a result of the credit transfer.

(vii) Each transferor must supply to the transferee records indicating all of the following:

(A) The years the credits were generated.

(B) The identity of the refiner or importer who generated the credits.

(C) The identity of the transferring party (if it is not the same party that generated the credits).

(2) In the case of credits that have been calculated or created improperly, or are otherwise determined to be invalid, all of the following provisions apply:

(i) Invalid credits cannot be used to achieve compliance with the transferee's averaging standard, regardless of the transferee's good faith belief that the credits were valid.

(ii) The refiner or importer who used the credits, and any transferor of the credits, must adjust their credit records and reports and sulfur calculations as necessary to reflect the proper credits.

(iii) Any properly created credits existing in the transferor's credit balance after correcting the credit balance, and after the transferor applies credits as needed to meet the average standard at the end of the compliance year, must first be applied to correct the invalid transfers before the transferor trades or banks the credits.

§80.1620 Small refiner definition.

(a) For the purposes of this subpart O, a gasoline small refiner is defined as any refiner who meets all of the following criteria and has been approved by EPA as a small refiner per §80.1622:

(1) Produces gasoline at its refineries by processing crude oil through refinery processing units.

(2) Employed an average of no more than 1,500 people, based on the average number of employees for all pay periods for calendar year 2011 for all subsidiary companies, all parent companies, all subsidiaries of the parent companies, and all joint venture partners.

(3) Had a corporate-average crude oil capacity less than or equal to 155,000 barrels per calendar day (bpcd) for 2011.

(b) For the purposes of this section, the term "refiner" shall include foreign refiners.

(c) The number of employees and crude oil capacity under paragraph (a) of this section shall be determined as follows:

(1) The refiner shall include the employees and crude oil capacity of any subsidiary companies, any parent company and subsidiaries of the parent company in which the parent has 50 percent or greater ownership, and any joint venture partners.

(2) For any refiner owned by a governmental entity, the number of employees and total crude oil capacity as specified in paragraph (a) of this section shall include all employees and crude oil production of the government to which the governmental entity is a part.

(d) Notwithstanding the provisions of paragraphs (a) and (e)(1) of this section, a refiner that acquires or reactivates a refinery that was shut down or non-operational during calendar year 2011, may apply for small refiner status under this subpart O.

(e) The following are ineligible for small refiner provisions under this subpart:

(1) Refiners with refineries built or started up on or after January 1, 2011.

(2) Persons who exceed the employee or crude oil capacity criteria under this section on January 1, 2011, but who meet these criteria after that date, regardless of whether the reduction in employees or crude oil capacity is due to operational changes at the refinery or a company sale or reorganization.

(3) Importers.

(4) Refiners who produce gasoline other than by processing crude oil through refinery processing units.

(f)(1) A refiner approved as a small refiner under §80.1622 who subsequently ceases production of gasoline from processing crude oil through refinery processing units, employs more than 1,500 people, or exceeds the 155,000 bpcd crude oil capacity limit after January 1, 2011 as a result of merger with or acquisition of or by another entity, is disqualified as a small refiner, except as provided for under paragraph (f)(4) of this section.  If such disqualification occurs, the refiner shall notify EPA in writing no later than 20 days following the disqualifying event.

(2) Except as provided under paragraph (f)(3) of this section, any refiner whose status changes under this paragraph shall meet the applicable standards of §80.1603 within a period of up to 30 months from the disqualifying event for any of its refineries that were previously subject to the small refiner standards of §80.1623.

(3) A refiner may apply to EPA for up to an additional six months to comply with the standards of §80.1603 if more than 30 months would be required for the necessary engineering, permitting, construction, and start-up work to be completed.  Such applications must include detailed technical information supporting the need for additional time.  EPA will base a decision to approve additional time on information provided by the refiner and on other relevant information.

(4) Disqualification under this paragraph (f) of this section shall not apply in the case of a merger between two previously approved small refiners.

(5) If a refiner receives a delay per paragraphs (f)(2) and/or (f)(3) of this section, the refiner may not generate gasoline sulfur credits under this subpart O during that 30 or 36 month period.

(6) All written notifications to EPA should be submitted to the addresses listed in §80.1622.

§80.1621 Small volume refinery definition.

(a) For the purposes of this subpart O, a gasoline small volume refinery is defined as any refinery that meets all of the following criteria, and has been approved by EPA as a small volume refinery per §80.1622:

(1) Produces gasoline by processing crude oil through refinery processing units.

(2) The average aggregate daily crude oil throughput, including feedstocks derived from crude oil, for the calendar year 2011 (as determined by dividing the aggregate throughput for the calendar year by the number of days in the calendar year) does not exceed 75,000 barrels.  Throughput means the total crude oil feedstock input into the refinery less volumes injected into the crude oil supply after refinery processing.

(b) The following are ineligible for the small volume refinery provisions under this subpart:

(1) Refineries built or started up on or after January 1, 2012.

(2) Persons who exceed the crude oil throughput under this section for calendar year 2011 but who meet these criteria after that date, regardless of whether the reduction in crude oil capacity is due to operational changes at the refinery or a company sale or reorganization.

(3) Importers.

(4) Refineries that produce gasoline other than by processing crude oil through refinery processing units.

§80.1622 Approval for small refiner and small volume refinery status.

(a) Applications for small refiner or small volume refinery status under this subpart must be submitted to EPA by March 31, 2014.

(b) To qualify for small refiner status under this subpart a refiner must submit an application to EPA containing all of the following information for the refiner and for all subsidiary companies, all parent companies, all subsidiaries of the parent companies, and all joint venture partners:

(1)(i) A listing of the name and address of all company locations for the period January 1, 2011 through December 31, 2011.

(ii) The average number of employees at each location, based on the number of employees for each pay period for the period January 1, 2011 through December 31, 2011.

(iii) The type of business activities carried out at each location.

(iv) For joint ventures, the total number of employees includes the combined employee count of all corporate entities in the venture.

(v) For government-owned refiners, the total employee count includes all government employees.

(2)(i) The total corporate crude oil capacity of each refinery as reported to the Energy Information Administration (EIA) of the U.S. Department of Energy (DOE), for the period January 1, 2011 through December 31, 2011.  The information submitted to EIA is presumed to be correct.  In cases where a company disagrees with this information, the company may petition EPA with appropriate data to correct the record when the company submits its application.

	(ii) Foreign small refiners applying for approval under this section must send the total corporate crude oil capacity of each refinery for the period January 1, 2011 through December 31, 2011, to one of the addresses listed in paragraph (g) of this section.

(3) The application must be signed by the president, chief operating or chief executive officer of the company, or his/her designee, stating that the information is true to the best of his/her knowledge, and that the company owned the refinery as of December 31, 2011.

(4) Name, address, phone number, facsimile number, and e-mail address of a corporate contact person.

(c) To qualify for small volume refinery status under this subpart, a refiner must submit an application to EPA containing all of the following information for the refinery, or refineries, for which the refiner is applying for small volume refinery status:

(1) A listing of the name and address of each small volume refinery owned by the company.

(2)(i) The total crude throughput of each small volume refinery, defined as the total crude oil feedstock input into the refinery less the volumes injected into the crude oil supply after refinery processing, as reported to the Energy Information Administration (EIA) of the U.S. Department of Energy (DOE), for the period January 1, 2011 through December 31, 2011.  The information submitted to EIA is presumed to be correct.  In cases where a company disagrees with this information, the company may petition EPA with appropriate data to correct the record when the company submits its application.

(ii) Foreign refiners applying for small volume refinery approval under this section must send the total crude throughput of each small volume refinery, defined as the total crude oil feedstock input into the refinery less the volumes injected into the crude oil supply after refinery processing of each refinery for the period January 1, 2011 through December 31, 2011, to one of the addresses listed in paragraph (g) of this section.

(3) The application must be signed by the president, chief operating or chief executive officer of the company, or his/her designee, stating that the information is true to the best of his/her knowledge, and that the company owned the refinery as of December 31, 2011.

(4) Name, address, phone number, facsimile number, and e-mail address of a corporate contact person.

(d) For foreign refiners, the small refiner or small volume refinery status application must contain all of the elements required in paragraph (b) or (c), as applicable, of this section, must demonstrate compliance with §80.1620, and must be submitted by March 31, 2014 to one of the addresses listed in paragraph (g) of this section.

(e) A refiner who qualifies as a small refiner or small volume refinery under this subpart and subsequently fails to meet all of the qualifying criteria as set out in §§80.1620 and 80.1621 will be disqualified pursuant to §80.1620(f) or §80.1621(d).

(1) In the event such disqualification occurs, the refiner shall notify EPA in writing no later than 20 days following the disqualifying event.