governments will be affected only to the extent they purchase and use
regulated fuels, vehicles, and equipment. Thus, Executive Order 13175
does not apply to this action.
    Although Executive Order 13175 does not apply to this action, EPA
specifically solicited additional comment from tribal officials in
developing this action (however we did not receive any comments).

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

    This action is subject to EO 13045 (62 FR 19885, April 23, 1997)
because it is an economically significant regulatory action as defined
by EO 12866, and EPA believes that the environmental health or safety
risk addressed by this action may have a disproportionate effect on
children. Accordingly, we have evaluated the environmental health or
safety effects of air pollutants affected by the Tier 3 program on
children. The results of this evaluation are contained in Section II.B
and associated references.
    Children are more susceptible than adults to many air pollutants
because of differences in physiology, higher per body weight breathing
rates and consumption, rapid development of the brain and bodily
systems, and behaviors that increase chances for exposure. Even before
birth, the developing fetus may be exposed to air pollutants through
the mother that affect development and permanently harm the individual.
    Infants and children breathe at much higher rates per body weight
than adults, with infants under one year of age having a breathing rate
up to five times that of adults.\603\ In addition, children breathe
through their mouths more than adults and their nasal passages are less
effective at removing pollutants, which leads to a higher deposition
fraction in their lungs.\604\
---------------------------------------------------------------------------

    \603\ U.S. Environmental Protection Agency. (2009).
Metabolically-derived ventilation rates: a revised approach based
upon oxygen consumption rates. Washington, DC: Office of Research
and Development. EPA/600/R-06/129F. http://cfpub.epa.gov/ncea/cfm/recordisplay.cfm?deid=202543.
    \604\ Foos, B.; Marty, M.; Schwartz, J.; Bennet, W.; Moya, J.;
Jarabek, A.M.; Salmon, A.G. (2008) Focusing on children's inhalation
dosimetry and health effects for risk assessment: an introduction. J
Toxicol Environ Health 71A: 149-165.
---------------------------------------------------------------------------

    Certain motor vehicle emissions present greater risks to children
as well. Early lifestages (e.g., children) are thought to be more
susceptible to tumor development than adults when exposed to
carcinogenic chemicals that act through a mutagenic mode of
action.\605\ Exposure at a young age to these carcinogens could lead to
a higher risk of developing cancer later in life.
---------------------------------------------------------------------------

    \605\ U.S. Environmental Protection Agency. (2005). Supplemental
guidance for assessing susceptibility from early-life exposure to
carcinogens. Washington, DC: Risk Assessment Forum. EPA/630/R-03/
003F. http://www.epa.gov/raf/publications/pdfs/childrens_supplement_final.pdf.
---------------------------------------------------------------------------

    The adverse effects of individual air pollutants may be more severe
for children, particularly the youngest age groups, than adults. The
Integrated Science Assessments and Criteria

Documents for a number of pollutants affected by this rule, including
those for NO2, SO2, PM, ozone and CO, describe
children as a group with greater susceptibility. Section II.B.6
discusses a number of childhood health outcomes associated with
proximity to roadways, including evidence for exacerbation of asthma
symptoms and suggestive evidence for new onset asthma. In general,
these studies do not identify the specific contaminants associated with
adverse effects, instead addressing the near-roadway environment as one
containing numerous exposures potentially associated with adverse
health effects.
    There is substantial evidence that people who live or attend school
near major roadways are more likely to be of a minority race, Hispanic
ethnicity, and/or low SES. Within these highly exposed groups,
children's exposure and susceptibility to health effects is greater
than adults due to school-related and seasonal activities, behavior,
and physiological factors.
    Section III.C describes the ambient air quality changes resulting
from the proposed standards, which represent levels to which the
general population is exposed. Children are not expected to experience
greater ambient concentrations of air pollutants than the general
population. However, because of their greater susceptibility to air
pollution and their increased time spent outdoors, it is likely that
the proposed standards would have particular benefits for children's
health.

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

    Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)), requires EPA to prepare and submit a Statement of
Energy Effects to the Administrator of the Office of Information and
Regulatory Affairs, Office of Management and Budget, for certain
actions identified as ``significant energy actions.'' Section 4(b) of
Executive Order 13211 defines ``significant energy actions'' as ``any
action by an agency (normally published in the Federal Register) that
promulgates or is expected to lead to the promulgation of a final rule
or regulation, including notices of inquiry, advance notices of
proposed rulemaking, and notices of proposed rulemaking: (1)(i) That is
a significant regulatory action under Executive Order 12866 or any
successor order, and (ii) is likely to have a significant adverse
effect on the supply, distribution, or use of energy; or (2) that is
designated by the Administrator of the Office of Information and
Regulatory Affairs as a significant energy action.'' Given the
flexibilities being finalized for entities in the gasoline production
and distribution system, we believe that these mitigate any potential
adverse effects on gasoline supply and distribution. Although EPA does
not expect this rule to have significant adverse effects on the supply
or distribution of gasoline, we have prepared a Statement of Energy
Effects for this action as follows.
    This rule's potential effects on energy supply, distribution, or
use have been analyzed and are further discussed above in:
     Section V--fuel provisions of the rule and flexibilities,
including hardship provisions.
     Section VII.B--estimated costs of the fuel program.
     Section X--economic impacts (specifically, Section X.C for
fuel economic impacts, and Section X.D on employment impacts).
    Given the estimated costs and impacts of the Tier 3 program, as
discussed in this preamble and in the RIA, we do not expect this rule
to have an adverse effect on the supply or distribution of gasoline.
This judgment is based on a comparison of the estimated impacts of the
Tier 3 program to those required for the Tier 2 program, and a review
of gasoline supply during the phase-in of the Tier 2 gasoline sulfur
program from 2003 through 2011. As the Tier 2 program reduced gasoline
sulfur from levels as high as 450 ppm to a 30 ppm annual average,
significant capital investments were required of many refineries to
meet the 30 ppm sulfur standard. Both during and at the end of the Tier
2 phase-in, the U.S. gasoline markets did not experience a loss in
gasoline supply as refiners utilized the flexibilities offered by the
Tier 2 program to stagger investments and unit turnarounds/shutdowns to
limit supply impacts. As discussed further in Chapter 5 of the RIA, we
do not believe that the Tier 3 program will significantly affect U.S.
gasoline supply and/or distribution. Comments received on the proposal
estimating the impacts of an even more stringent program than Tier 3
support this conclusion.\606\ Further, we do not believe that there are
any reasonable alternatives to the control of sulfur in gasoline which
would provide the level of reduction of emissions, considering our
cost-benefit analyses, given by the sulfur reduction being finalized in
this rule.
---------------------------------------------------------------------------

    \606\ EPA-HQ-OAR-2011-0135-4276; Attachment 7.
---------------------------------------------------------------------------

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113 (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This rulemaking involves technical standards. EPA has decided to
update a number of regulations which already contain voluntary
consensus standards to more recent versions of these standards. EPA is
finalizing use of the ASTM International (ASTM) standards listed in
Table XII-1 below. The standards may be obtained through the ASTM Web
site (www.astm.org) or by calling ASTM at<PHONE_NUMBER>.
    This rulemaking also involves environmental monitoring or
measurement. Consistent with the Agency's Performance Based Measurement
System (``PBMS''), EPA has decided not to require the use of specific,
prescribed analytic methods. Rather, the rule will allow the use of any
method that meets the prescribed performance criteria. The PBMS
approach is intended to be more flexible and cost-effective for the
regulated community; it is also intended to encourage innovation in
analytical technology and improved data quality. EPA is not precluding
the use of any method, whether it constitutes a voluntary consensus
standard or not, as long as it meets the performance criteria
specified. Comments received on this approach are discussed in Section
VI and in the Summary and Analysis of Comments document.

 Table XII-1--Designated Analytical Test Methods for Gasoline and Diesel
                                  Fuel
------------------------------------------------------------------------
           Fuel parameter                Designated analytical method
------------------------------------------------------------------------
Sulfur in gasoline.................  ASTM D2622-10.
Sulfur in butane...................  ASTM D6667-10.
500 ppm Sulfur Diesel Fuel.........  ASTM D2622-10.
Olefins in gasoline................  ASTM D1319-13.
Reid vapor pressure (RVP) in         ASTM D5191-12, with the following
 gasoline.                            correlation equation:
                                        RVP psi = (0.956 * X) - 0.347
                                        RVP kPa = (0.956 * X) - 2.39
                                        where:
                                        X = total measured vapor
                                         pressure in psi or kPa.
Distillation in gasoline...........  ASTM D86-12.
Benzene in gasoline................  ASTM D3606-10, except that
                                      instrument parameters shall be
                                      adjusted to ensure complete
                                      resolution of benzene, ethanol,
                                      and methanol peaks.
Aromatics in gasoline..............  ASTM D5769-10, except that sample
                                      chilling requirements in section 8
                                      of this standard are optional.
Oxygen and oxygenate content in      ASTM D5599-00 (2010).
 gasoline.
Aromatics in diesel fuel...........  ASTM D1319-13.
------------------------------------------------------------------------

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

    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes
federal executive policy on environmental justice. Its main provision
directs federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
    This final rule will reduce emissions from vehicles across the
nation, both new vehicles (beginning in model year 2017, when the
vehicle standards start to apply) and existing vehicles (as soon as the
lower-sulfur gasoline becomes available in 2017). As a result, this
rule increases the level of environmental protection for all
populations. As discussed in Section III.C.7, there is evidence that
minority populations and low-income populations live disproportionately
near high-traffic roadways, where concentrations of many air pollutants
are elevated. We expect this final rule to increase the level of
environmental protection for these populations.
    Thus, this final rule will not have a disproportionately high
adverse human health or environmental effect on minority or low-income
populations.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective on June 27, 2014.

XIII. Statutory Provisions and Legal Authority

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

List of Subjects

40 CFR Part 79

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Diesel fuel,
Energy, Fuel additives, Gasoline, Motor vehicle pollution, Penalties,
Petroleum, Reporting and recordkeeping requirements.

40 CFR Part 80

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential Business Information, Diesel fuel,
Fuel additives, Gasoline, Imports, Incorporation by reference,
Labeling, Motor vehicle pollution, Penalties, Petroleum, Reporting and
recordkeeping requirements.

40 CFR Part 85

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential Business Information, Imports,
Labeling, Motor vehicle pollution, Reporting and recordkeeping
requirements, Research, Warranties.

40 CFR Part 86

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential Business Information, Imports,
Incorporation by reference, Labeling, Motor vehicle pollution,
Reporting and recordkeeping requirements, Warranties.

40 CFR Part 600

    Administrative practice and procedure, Electric power, Fuel
economy, Incorporation by reference, Labeling, Reporting and
recordkeeping requirements.

40 CFR Parts 1036 and 1037

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

40 CFR Part 1039

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

40 CFR Part 1042

    Environmental protection, Administrative practice and procedure,
Air pollution control, Confidential business information, Imports,
Labeling, Penalties, Vessels, Reporting and recordkeeping requirements,
Warranties.

40 CFR Part 1048

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

40 CFR Part 1054

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

40 CFR Parts 1065 and 1066

    Environmental protection, Administrative practice and procedure,
Incorporation by reference, Reporting and recordkeeping requirements,
Research.

    Dated: March 3, 2014
Gina McCarthy,
Administrator.
    For the reasons set forth in the preamble, title 40, chapter I of
the Code of Federal Regulations is amended as follows:

PART 79--REGISTRATION OF FUEL AND FUEL ADDITIVES

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

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

0
2. Section 79.5 is amended by revising paragraphs (a) and (b)
introductory text to read as follows:

Sec.  79.5  Periodic reporting requirements.

    (a) Fuel manufacturers. (1) For each calendar quarter (January
through March, April through June, July through September, October
through December) commencing after the date prescribed for a particular
fuel in subpart D of this part, fuel manufacturers shall submit to the
Administrator a report for each registered fuel showing the range of
concentration of each additive reported under Sec.  79.11(a) and the
volume of such fuel produced in the quarter. Reports shall be submitted
by the required deadline as shown in the following table:

                              Table 1 to Sec.   79.5--Quarterly Reporting Deadlines
----------------------------------------------------------------------------------------------------------------
          Calendar quarter                   Time period covered                Quartely report deadline
----------------------------------------------------------------------------------------------------------------
Quarter 1...........................  January 1-March 31..............  June 1.
Quarter 2...........................  April 1-June 30.................  September 1.
Quarter 3...........................  July 1-September 30.............  December 1.
Quarter 4...........................  October 1-December 31...........  March 31.
----------------------------------------------------------------------------------------------------------------

    (2) Fuel manufacturers shall submit to the Administrator a report
annually for each registered fuel providing additional data and
information as specified in Sec. Sec.  79.32(c) and (d) and 79.33(c)
and (d) in the designation of the fuel in subpart D of this part.
Reports shall be submitted by March 31 for the preceding year, or part
thereof, on forms supplied by the Administrator upon request. If the
date prescribed for a particular fuel in subpart D of this part, or the
later registration of a fuel is between October 1 and December 31, no
report will be required for the period to the end of that year.
    (b) Additive manufacturers. Additive manufacturers shall submit to
the Administrator a report annually for each registered additive
providing additional data and information as specified in Sec.
79.31(c) and (d) in the designation of the additive in subpart D of
this part. Additive manufacturers shall also report annually the volume
of each additive produced. Reports shall be submitted by March 31 for
the preceding year, or part thereof, on forms supplied by the
Administrator upon request. If the date prescribed for a particular
additive in subpart D of this part, or the later registration of an
additive is between October 1 and December 31, no report will be
required for the period to the end of that year. These periodic reports
shall not, however, be required for any additive that is:
* * * * *

PART 80--REGULATION OF FUEL AND FUEL ADDITIVES

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

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

Subpart A--[Amended]

0
4. Section 80.2 is amended by:
0
a. Revising the introductory text and paragraphs (d), (w), (z), and
(fff).
0
b. Adding paragraphs (vvv), (www), (xxx), (yyy), (zzz), (aaaa), (bbbb),
(cccc), (dddd), (eeee), (ffff), (gggg), (hhhh), (iiii), and (kkkk).
0
c. Adding and reserving paragraph (jjjj).

Sec.  80.2  Definitions.

    Definitions apply in this part as described in this section.
* * * * *
    (d) Previously certified gasoline, or PCG, means conventional
gasoline, reformulated gasoline, RBOB, or CBOB that previously has been
included in a batch for purposes of complying with the standards of 40
CFR part 80 that apply to refiners and importers.
* * * * *
    (w) Cetane index or ``Calculated cetane index'' is a number
representing the ignition properties of diesel fuel oils from API
gravity and mid-boiling point, as determined by ASTM D976.
* * * * *
    (z) Aromatic content of diesel fuel is the aromatic hydrocarbon
content in volume percent as follows:
    (1) Through December 31, 2015, determine aromatic content of diesel
fuel by ASTM D1319.
    (2) Beginning January 1, 2016, determine aromatic content of diesel
fuel by a test method approved under Sec.  80.47.
* * * * *

    (fff) #1D means the distillate fuel classification relating to
``No. 1-D'' diesel fuels as described in ASTM D975.
* * * * *
    (vvv) Denatured fuel ethanol (DFE) means an alcohol of the chemical
formula C2H6O which contains a denaturant to make
it unfit for human consumption, that is produced or imported for use in
motor gasoline, and that meets the requirements of Sec.  80.1610.
    (www) Oxygenate producer means any person who owns, leases,
operates, controls, or supervises an oxygenate production facility.
    (xxx) Oxygenate production facility means any facility where
oxygenate including DFE designated as transportation fuel is produced.
    (yyy) Oxygenate importer means a person who imports oxygenate from
a foreign country into the United States (including the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern
Mariana Islands).
    (zzz) Oxygenate import facility means any facility where oxygenate
including DFE designated as transportation fuel is imported into the
United States.
    (aaaa) CBOB means gasoline blendstock that could become
conventional gasoline solely upon the addition of oxygenate.
    (bbbb) Natural gas liquids (NGL) means the components of natural
gas (primarily propane, butane, pentane, hexane, and heptane) that are
separated from the gas state in the form of liquids in facilities such
as a natural gas production facility, a gas processing plant, a natural
gas pipeline, or a refinery or similar facility. The higher temperature
boiling components of NGL are sometimes referred to as ``natural
gasoline''.
    (cccc) Natural gas means a mixture of hydrocarbon gases that occurs
with petroleum deposits, principally methane together with varying
quantities of ethane, propane, butane, and other gases.
    (dddd) Butane blender means a refiner or refinery that produces
gasoline by blending butane that meets the quality specifications in
Sec.  80.82 with conventional gasoline, CBOB, reformulated gasoline, or
RBOB, and that uses the streamlined provisions in Sec.  80.82 to meet
some of the applicable sampling and testing requirements.
    (eeee) Pentane blender means a refiner or refinery that produces
gasoline by blending pentane that meets the quality specifications in
Sec.  80.86 with conventional gasoline, CBOB, reformulated gasoline, or
RBOB, and that uses the streamlined provisions in Sec.  80.85 to meet
some of the applicable sampling and testing requirements.
    (ffff) Blender-commercial grade pentane means pentane that meets
the requirements in Sec.  80.86(a)(3) for pentane for use by a pentane
blender pursuant to the requirements of Sec.  80.85.
    (gggg) Blender-non-commercial grade pentane means pentane that
meets the requirements in Sec.  80.86(a)(4) for pentane for use by a
pentane blender pursuant to the requirements of Sec.  80.85.
    (hhhh) Blender-grade pentane means pentane that meets the
requirements for commercial grade pentane or non-commercial grade
pentane pursuant to the requirements of Sec.  80.86.
    (iiii) Ethanol denaturant means previously certified gasoline
(including previously certified blendstocks for oxygenate blending),
gasoline blendstocks, or natural gasoline liquids that are added to
neat (un-denatured) ethanol to make it unfit for human consumption in
accordance with the requirements of the Alcohol and Tobacco Tax and
Trade Bureau of the U.S. Treasury Department.
    (jjjj) [Reserved]
    (kkkk) Materials incorporated by reference. The published materials
identified in this section are incorporated by reference into this
section with the approval of the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
that specified in this section, a document must be published in the
Federal Register and the material must be available to the public. All
approved materials are available for inspection at the Air and
Radiation Docket and Information Center (Air Docket) in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742. These approved materials are also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials
are available from the sources listed below.
    (1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://www.astm.org:
    (i) ASTM D975-13a, Standard Specification for Diesel Fuel Oils,
approved December 1, 2013.
    (ii) ASTM D976-06 (Reapproved 2011), Standard Test Method for
Calculated Cetane Index of Distillate Fuels, approved October 1, 2011.
    (iii) ASTM D1319-13, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved
May 1, 2013.
    (2) [Reserved]

0
5. Section 80.8 is revised to read as follows:

Sec.  80.8  Sampling methods for gasoline, diesel fuel, fuel additives,
and renewable fuels.

    The sampling methods specified in this section shall be used to
collect samples of gasoline, diesel fuel, blendstocks, fuel additives
and renewable fuels for purposes of determining compliance with the
requirements of this part.
    (a) Manual sampling. Manual sampling of tanks and pipelines shall
be performed according to the applicable procedures specified in ASTM
D4057.
    (b) Automatic sampling. Automatic sampling of petroleum products in
pipelines shall be performed according to the applicable procedures
specified in ASTM D4177.
    (c) Sampling and sample handling for volatility measurement.
Samples to be analyzed for Reid Vapor Pressure (RVP) shall be collected
and handled according to the applicable procedures specified in ASTM
D5842.
    (d) Sample compositing. Composite samples shall be prepared using
the applicable procedures specified in ASTM D5854.
    (e) Materials incorporated by reference. The published materials
identified in this section are incorporated by reference into this
section with the approval of the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
that specified in this section, a document must be published in the
Federal Register and the material must be available to the public. All
approved materials are available for inspection at the Air and
Radiation Docket and Information Center (Air Docket) in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public

Reading Room is<PHONE_NUMBER>, and the telephone number for the Air
Docket is<PHONE_NUMBER>. These approved materials are also available
for inspection at the National Archives and Records Administration
(NARA). For information on the availability of this material at NARA,
call<PHONE_NUMBER> or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these
materials are available from the sources listed below.
    (1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://www.astm.org:
    (i) ASTM D4057-12, Standard Practice for Manual Sampling of
Petroleum and Petroleum Products, approved December 1, 2012.
    (ii) ASTM D4177-95 (Reapproved 2010), Standard Practice for
Automatic Sampling of Petroleum and Petroleum Products, approved May 1,
2010.
    (iii) ASTM D5842-04 (Reapproved 2009), Standard Practice for
Sampling and Handling of Fuels for Volatility Measurement, approved
July 1, 2009.
    (iv) ASTM D5854-96 (Reapproved 2010), Standard Practice for Mixing
and Handling of Liquid Samples of Petroleum and Petroleum Products,
approved May 1, 2010.
    (2) [Reserved]

Subpart D--[Amended]

0
6. Section 80.46 is amended by revising the section heading and
paragraphs (a), (b), (c), (d), (e), (f)(1), (f)(3), (g), and (h) to
read as follows:

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

    (a) Sulfur. Sulfur content of gasoline and butane must be
determined by use of the following methods:
    (1) Through December 31, 2015, the sulfur content of gasoline must
be determined by ASTM D2622 or by one of the alternative test methods
specified in paragraph (a)(3) of this section. Beginning January 1,
2016, the sulfur content of gasoline must be determined by a test
method approved under Sec.  80.47.
    (2) Through December 31, 2015, the sulfur content of butane must be
determined by ASTM D6667 or by one of the alternative test methods
specified in paragraph (a)(4) of this section.
    (3) Through December 31, 2015, any refiner or importer may use ASTM
D3120, ASTM D5453, ASTM D6920, or ASTM D7039 for determining the sulfur
content of gasoline provided the refiner or importer test result is
correlated with the method specified in paragraph (a)(1) of this
section:
    (4) Beginning January 1, 2016, the sulfur content of butane must be
determined by a test method approved under Sec.  80.47. Through
December 31, 2015, any refiner or importer may determine the sulfur
content of butane using ASTM D4468 or ASTM D3246; provided the refiner
or importer test result is correlated with the method specified in
paragraph (a)(2) of this section.
    (b) Olefins. Olefin content must be determined by use of the
following methods:
    (1) Through December 31, 2015, olefin content must be determined
using ASTM D1319. Beginning January 1, 2016, the olefin content of
gasoline may be determined by a test method approved under Sec.  80.47.
    (2) Through December 31, 2015, any refiner or importer may
determine olefin content using ASTM D6550 for purposes of meeting any
testing requirements involving olefin content, provided that the
refiner or importer test result is correlated with the method specified
in paragraph (b)(1) of this section on a site-specific basis, in order
to achieve an unbiased prediction of the result in volume percent, for
the method specified in paragraph (b)(1) of this section.
    (c) Reid Vapor Pressure (RVP). (1) Through December 31, 2015, Reid
Vapor Pressure must be determined using ASTM D5191, except the
following correction equation must be used:

RVP psi = (0.956 * X) - 0.347
RVP kPa = (0.956 * X) - 2.39

Where:

X = Total measured vapor pressure, in psi or kPa.

    (2) Beginning January 1, 2016, RVP may be determined by a test
method approved under Sec.  80.47, except as provided in paragraph
(c)(2)(i) of this section.
    (i) For reporting purposes, the RVP test result computed from Sec.
80.47 must continue to utilize the RVP correction equation in paragraph
(c)(1) of this section.
    (ii) [Reserved]
    (d) Distillation. Through December 31, 2015, distillation
parameters must be determined using ASTM D86. Beginning January 1,
2016, the distillation parameters may be determined by a test method
approved under Sec.  80.47.
    (e) Benzene. Through December 31, 2015, benzene content must be
determined using ASTM D3606, except that instrument parameters shall be
adjusted to ensure complete resolution of the benzene, ethanol and
methanol peaks because ethanol and methanol may cause interference with
ASTM D3606 when present. Beginning January 1, 2016, the benzene content
may be determined by a test method approved under Sec.  80.47.
    (f)(1) Through December 31, 2015, aromatic content must be
determined using ASTM D5769, except the sample chilling requirements in
section 8 of this standard method are optional. Beginning January 1,
2016, the aromatic content may be determined by a test method approved
under Sec.  80.47.
* * * * *
    (3) Through December 31, 2015, any refiner or importer may
determine aromatics content using ASTM D1319 for the purposes of
meeting any test requirement involving aromatic content; provided that
the refiner or importer test result is correlated with the method
specified in paragraph (f)(1) of this section.
* * * * *
    (g) Oxygen and oxygenate content analysis. (1) Through December 31,
2015, oxygen and oxygenate content must be determined using ASTM D5599.
Beginning January 1, 2016, oxygen and oxygenate content may be
determined by a test method approved under Sec.  80.47.
    (2) Through December 31, 2015, when oxygenates present are limited
to MTBE, ETBE, TAME, DIPE, tertiary-amyl alcohol and C1 to C4 alcohols,
any refiner, importer, or oxygenate blender may determine oxygen and
oxygen content using ASTM D4815 for purposes of meeting any testing
requirement; provided that the refiner or importer test result is
correlated with the method specified in paragraph (g)(1) of this
section.
    (h) Materials incorporated by reference. The published materials
identified in this section are incorporated by reference into this
section with the approval of the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
that specified in this section, a document must be published in the
Federal Register and the material must be available to the public. All
approved materials are available for inspection at the Air and
Radiation Docket and Information Center (Air Docket) in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The

telephone number of the EPA/DC Public Reading Room is<PHONE_NUMBER>,
and the telephone number for the Air Docket is<PHONE_NUMBER>. These
approved materials are also available for inspection at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, call<PHONE_NUMBER> or go to
http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials are
available from the sources listed below.
    (1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://www.astm.org:
    (i) ASTM D86-12, Standard Test Method for Distillation of Petroleum
Products at Atmospheric Pressure, approved December 1, 2012.
    (ii) ASTM D1319-13, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved
May 1, 2013.
    (iii) ASTM D2622-10, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry,
approved February 15, 2010.
    (iv) ASTM D3120-08, Standard Test Method for Trace Quantities of
Sulfur in Light Liquid Petroleum Hydrocarbons by Oxidative
Microcoulometry, approved December 15, 2008.
    (v) ASTM D3246-11, Standard Test Method for Sulfur in Petroleum Gas
by Oxidative Microcoulometry, approved June 1, 2011.
    (vi) ASTM D3606-10, Standard Test Method for Determination of
Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas
Chromatography, approved October 1, 2010.
    (vii) ASTM D4468-85 (Reapproved 2011), Standard Test Method for
Total Sulfur in Gaseous Fuels by Hydrogenolysis and Rateometric
Colorimetry, approved November 1, 2011.
    (viii) ASTM D4815-13, Standard Test Method for Determination of
MTBE, ETBE, TAME, DIPE, tertiary-Amyl Alcohol and C1 to
C4 Alcohols in Gasoline by Gas Chromatography, approved
October 1, 2013.
    (ix) ASTM D5191-13, Standard Test Method for Vapor Pressure of
Petroleum Products (Mini Method), approved December 1, 2013.
    (x) ASTM D5453-12, Standard Test Method for Determination of Total
Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine
Fuel, and Engine Oil by Ultraviolet Fluorescence, approved November 1,
2012.
    (xi) ASTM D5599-00 (Reapproved 2010), Standard Test Method for
Determination of Oxygenates in Gasoline by Gas Chromatography and
Oxygen Selective Flame Ionization Detection, approved October 1, 2010.
    (xii) ASTM D5769-10, Standard Test Method for Determination of
Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas
Chromatography/Mass Spectrometry, approved May 1, 2010.
    (xiii) ASTM D6550-10, Standard Test Method for Determination of
Olefin Content of Gasolines by Supercritical-Fluid Chromatography,
approved October 1, 2010.
    (xiv) ASTM D6667-10, Standard Test Method for Determination of
Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum
Gases by Ultraviolet Fluorescence, approved October 1, 2010.
    (xv) ASTM D6920-13, Standard Test Method for Total Sulfur in
Naphthas, Distillates, Reformulated Gasolines, Diesels, Biodiesels, and
Motor Fuels by Oxidative Combustion and Electrochemical Detection,
approved September 15, 2013.
    (xvi) ASTM D7039-13, Standard Test Method for Sulfur in Gasoline,
Diesel Fuel, Jet Fuel, Kerosine, Biodiesel, Biodiesel Blends, and
Gasoline-Ethanol Blends by Monochromatic Wavelength Dispersive X-ray
Fluorescence Spectrometry, approved September 15, 2013.
    (2) [Reserved]

0
7. Section 80.47 is added to read as follows:

Sec.  80.47  Performance-based Analytical Test Method Approach.

    All sample handling, testing procedures, and tests must be
conducted using good laboratory practices.
    (a) Definitions. As used in this subpart D:
    (1) Performance-based Analytical Test Method Approach means a
measurement system based upon established performance criteria for
accuracy and precision with use of analytical test methods. As used in
this subpart, this is a measurement system used by laboratories to
demonstrate that a particular analytical test method is acceptable for
demonstrating compliance.
    (2) Accuracy means the closeness of agreement between an observed
value from a single test measurement and an accepted reference value.
    (3) Precision means the degree of agreement in a set of
measurements performed on the same property of identical test material.
    (4) Absolute fuel parameter means a fuel parameter for which a
gravimetric standard is practical to construct and use. Sulfur content
of gasoline, butane, or diesel fuel are examples of an absolute fuel
parameter.
    (5) Gravimetric standard means a test material made by adding a
carefully weighed quantity of the analyte to a measured quantity of
another substance known not to contain any of the analyte, resulting in
a solution with an accurately known concentrate of the analyte.
    (6) Consensus named fuels are homogeneous quantities of fuel that
have been analyzed by a number of different laboratories (by sending
around small samples). The average concentration of some parameter of
interest across all of the different laboratories is then used as the
``consensus name'' for that material.
    (7) Locally-named reference materials are gasoline or diesel fuels
that are usually from the regular production of the facility where they
are used in laboratory quality control efforts and have been analyzed
using the designated method (either by the facility's lab or by a
referee lab) to obtain an estimate of their concentration.
    (8) Method-defined fuel parameter means a fuel parameter for which
an EPA-prescribed primary test method or designated method defines the
regulatory standard. Examples of method-defined fuel parameters include
olefin content in gasoline, Reid vapor pressure (RVP) of gasoline,
distillation parameters of gasoline, benzene content of gasoline,
aromatic content of gasoline and diesel fuel, and oxygen/oxygenates
content of gasoline.
    (9) Reference installations are designated test method
installations that are used to qualify the accuracy of other method-
defined parameter instruments. Reference installations of the
designated test method will be used to evaluate the accuracy of other
method-defined alternative test methods and to establish correlation
equations if necessary.
    (10) Correlation equation is a correction equation as determined by
the use of ASTM D6708. This standard practice determines whether the
comparison between the alternative test method and the designated test
method is a null result. If the comparison is not null, then the
standard practice provides for a correlation equation that predicts
designated test method results

from the applicable method-defined alternative test method.
    (11) Statistical quality control (SQC) means a planned system of
activities whose purpose is to provide a level of quality that meets
the needs of compliance with the standards of this part. This subpart
prescribes specific SQC requirements for both absolute and method
driven fuel parameters for both voluntary and non-voluntary consensus-
based standards bodies.
    (12) Voluntary consensus-based standards body (VCSB) means a
domestic or international organization that plans, develops,
establishes, or coordinates voluntary consensus standards using agreed-
upon procedures and which possesses the attributes of openness, balance
of interest, due process, and consensus, as explained in OMB Circular
A-119 and the National Technology Transfer and Advancement Act of 1995,
P.L. 104-113, sec. 12(d).
    (13) Non-voluntary consensus-based standards body (non-VCSB) means
a domestic or international regulated party that has developed a
proprietary analytical test method that has not been adopted by a VCSB
organization.
    (b) Precision and accuracy criteria for approval for the absolute
fuel parameter of gasoline sulfur. (1) Precision. Beginning January 1,
2016, for motor vehicle gasoline, gasoline blendstock, and gasoline
fuel additives subject to the gasoline sulfur standard at Sec.  80.195
and Sec.  80.1603, the maximum allowable standard deviation computed
from the results of a minimum of 20 tests made over 20 days (seven or
fewer tests per week and two or fewer tests per day) on samples using
good laboratory practices taken from a single homogeneous commercially
available gasoline must be less than or equal to 1.5 times the
repeatability ``r'' divided by 2.77, where ``r'' equals the ASTM
repeatability of ASTM D7039 (Example: A 10 ppm sulfur gasoline sample:
Maximum allowable standard deviation of 20 tests <=1.5*(1.75ppm/2.77) =
0.95 ppm). The 20 results must be a series of tests with a sequential
record of analysis and no emissions. A laboratory facility may exclude
a given sample or test result only if the exclusion is for a valid
reason under good laboratory practices and it maintains records
regarding the sample and test results and the reason for excluding
them.
    (2) Accuracy. Beginning January 1, 2016, for motor vehicle
gasoline, gasoline blendstock, and gasoline fuel additives subject to
the gasoline sulfur standard at Sec. Sec.  80.195 and 80.1603:
    (i) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 1-10 ppm shall
not differ from the accepted reference value (ARV) of the standard by
more than 0.71 ppm sulfur;
    (ii) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 10-20 ppm shall
not differ from the ARV of the standard by more than 1.00 ppm sulfur;
and
    (iii) In applying the tests of paragraphs (b)(2)(i) and (ii) of
this section, individual test results shall be compensated for any
known chemical interferences using good laboratory practices.
    (3) The test method specified at Sec.  80.46(a)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraphs
(b)(1) and (2) of this section.
    (c) Precision and accuracy criteria for approval of the absolute
fuel parameter of sulfur in butane. (1) Precision. Beginning January 1,
2016, for butane subject to the butane sulfur standard at Sec. Sec.
80.82, 80.195, 80.340(b) and 80.1603, the maximum allowable standard
deviation computed from the results of a minimum of 20 tests made over
20 days (tests into no fewer than five batches or fewer tests each,
with only one such batch allowed per day over the minimum of 20 days)
on samples using good laboratory practices taken from a single
homogeneous commercially available butane must be less than or equal to
1.5 times the repeatability (r) divided by 2.77, where ``r'' equals the
ASTM repeatability of ASTM D6667 (Example: A 80 ppm sulfur butane
sample: Maximum allowable standard deviation of 20 tests
<=1.5*(9.22ppm/2.77) = 4.99 ppm). The 20 results must be a series of
tests with a sequential record of analysis and no emissions. A
laboratory facility may exclude a given sample or test result only if
the exclusion is for a valid reason under good laboratory practices and
it maintains records regarding the sample and test results and the
reason for excluding them.
    (2) Accuracy. Beginning January 1, 2016, for butane subject to the
butane sulfur standard at Sec. Sec.  80.82, 80.195, 80.340(b) and
80.1603--
    (i) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 70-80 ppm, say 75
ppm, shall not differ from the accepted reference value (ARV) of the
standard by more than 4.68 ppm sulfur;
    (ii) The arithmetic average of a continuous series of at least 10
tests performed using good laboratory practices on a commercially
available gravimetric sulfur standard in the range of 80-90 ppm, say 85
ppm, shall not differ from the accepted reference value (ARV) of the
standard by more than 5.31 ppm sulfur; and
    (iii) In applying the tests of paragraphs (c)(2)(i) and (ii) of
this section, individual test results shall be compensated for any
known chemical interferences using good laboratory practices.
    (3) The test method specified at Sec.  80.46(a)(2) and in use prior
to October 28, 2013 is exempt from the requirements of paragraphs
(c)(1) and (2) of this section.
    (d) Precision criteria for approval of the method defined fuel
parameter of olefins in gasoline. (1) Precision. Beginning January 1,
2016, for motor vehicle gasoline, gasoline blendstock, and gasoline
fuel additives subject to the gasoline standards of this part, the
maximum allowable standard deviation computed from the results of a
minimum of 20 tests made over 20 days (tests may be arranged into no
fewer than five batches or fewer tests each, with only one such batch
allowed per day over the minimum of 20 days) on samples using good
laboratory practices taken from a single homogeneous commercially
available gasoline must be less than or equal to 0.3 times the
reproducibility (R), where ``R'' equals the ASTM reproducibility of
ASTM D1319 (Example: A gasoline containing 9 Vol% olefins: maximum
allowable standard deviation of 20 tests <=0.3*(3.06 Vol%) = 0.92
Vol%). The 20 results must be a series of tests with a sequential
record of analysis and no emissions. A laboratory facility may exclude
a given sample or test result only if the exclusion is for a valid
reason under good laboratory practices and it maintains records
regarding the sample and test results and the reason for excluding
them.
    (2) The test method specified at Sec.  80.46(b)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraph (d)(1)
of this section.
    (e) Precision criteria for approval of the method defined fuel
parameter of aromatics in gasoline. (1) Precision. Beginning January 1,
2016, for motor vehicle gasoline, gasoline blendstock, and gasoline
fuel additives subject to the gasoline standards of this part, the
maximum allowable standard deviation computed from the results of a
minimum of 20 tests made over 20 days (tests may be arranged into no
fewer

than five batches or fewer tests each, with only one such batch allowed
per day over the minimum of 20 days) on samples using good laboratory
practices taken from a single homogeneous commercially available
gasoline must be less than or equal to 0.3 times the reproducibility
(R), where ``R'' equals the ASTM reproducibility of ASTM D1319
(Example: A gasoline containing 32Vol% aromatics: maximum allowable
standard deviation of 20 tests <=0.3*(3.7 Vol%) = 1.11Vol%). The 20
results must be a series of tests with a sequential record of analysis
and no emissions. A laboratory facility may exclude a given sample or
test result only if the exclusion is for a valid reason under good
laboratory practices and it maintains records regarding the sample and
test results and the reason for excluding them.
    (2) The test method specified at Sec.  80.46(f)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraph (e)(1)
of this section.
    (f) Precision criteria for approval of the method defined fuel
parameter of oxygen and oxygenate content in gasoline. (1) Precision.
Beginning January 1, 2016, for motor vehicle gasoline, gasoline
blendstock, and gasoline fuel additives subject to the gasoline
standards of this part, the maximum allowable standard deviation
computed from the results of a minimum of 20 tests made over 20 days
(tests may be arranged into no fewer than five batches or fewer tests
each, with only one such batch allowed per day over the minimum of 20
days) on samples using good laboratory practices taken from a single
homogeneous commercially available gasoline must be less than or equal
to 0.3 times the reproducibility (R), where ``R'' equals the ASTM
reproducibility of ASTM D5599 (Example: A gasoline containing 3Mass%
total oxygen: maximum allowable standard deviation of 20 tests
<=0.3*(0.32 Mass%) = 0.10 Mass%). The 20 results must be a series of
tests with a sequential record of analysis and no emissions. A
laboratory facility may exclude a given sample or test result only if
the exclusion is for a valid reason under good laboratory practices and
it maintains records regarding the sample and test results and the
reason for excluding them.
    (2) The test method specified at Sec.  80.46(g)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraph (f)(1)
of this section.
    (g) Precision criteria for approval of the method defined fuel
parameter of Reid Vapor Pressure (RVP) in gasoline. (1) Precision.
Beginning January 1, 2016, for motor vehicle gasoline, gasoline
blendstock, and gasoline fuel additives subject to the gasoline
standards of this part and volatility standards at Sec.  80.27, the
maximum allowable standard deviation computed from the results of a
minimum of 20 tests made over 20 days (tests may be arranged into no
fewer than five batches or fewer tests each, with only one such batch
allowed per day over the minimum of 20 days) on samples using good
laboratory practices taken from a single homogeneous commercially
available gasoline must be less than or equal to 0.3 times the
reproducibility (R), where ``R'' equals the ASTM reproducibility of
ASTM D5191 (Example: A gasoline having a RVP of 6.8psi: Maximum
allowable standard deviation of 20 tests <=0.3*(0.40psi) = 0.12 psi).
The 20 results must be a series of tests with a sequential record of
analysis and no emissions. A laboratory facility may exclude a given
sample or test result only if the exclusion is for a valid reason under
good laboratory practices and it maintains records regarding the sample
and test results and the reason for excluding them.
    (2) The test method specified at Sec.  80.46(c)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraph (g)(1)
of this section.
    (h) Precision criteria for approval of the method defined fuel
parameter of gasoline distillation. (1) Precision. Beginning January 1,
2016, for motor vehicle gasoline, gasoline blendstock, and gasoline
fuel additives subject to the gasoline standards of this part, the
maximum allowable standard deviation computed from the results of a
minimum of 20 tests made over 20 days (tests may be arranged into no
fewer than five batches or fewer tests each, with only one such batch
allowed per day over the minimum of 20 days) on samples using good
laboratory practices taken from a single homogeneous commercially
available gasoline must be less than or equal to 0.3 times the
reproducibility (R), where ``R'' equals the ASTM reproducibility of
ASTM D86 for the initial boiling point, E10, E50, E90 and final boiling
point. (Example: A gasoline having an initial boiling point of 26
[deg]C and a final boiling point of 215 [deg]C: maximum allowable
standard deviation of 20 tests for initial boiling point <=0.3*(8.5
[deg]C) = 2.55 [deg]C, maximum allowable standard deviation of 20 tests
for E10 <=0.3*(3.0+2.64*Sc) [deg]C, maximum allowable standard
deviation of 20 tests for E50 <=0.3*(2.9+3.97*Sc) [deg]C, maximum
allowable standard deviation of 20 tests for E90t <=0.3*(2.0+2.53*Sc)
[deg]C, and maximum allowable standard deviation of 20 tests for final
boiling point <=0.3*(10.5 [deg]C) = 3.15 [deg]C), where Sc is the
average slope (or rate of change) of the gasoline distillation curve as
calculated in accordance with section 13.5 of ASTM D86. The 20 results
must be a series of tests with a sequential record of analysis and no
emissions. A laboratory facility may exclude a given sample or test
result only if the exclusion is for a valid reason under good
laboratory practices and it maintains records regarding the sample and
test results and the reason for excluding them.
    (2) The test method specified at Sec.  80.46(d)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraph (h)(1)
of this section.
    (i) Precision criteria for approval of the method defined fuel
parameter of benzene in gasoline. (1) Precision. Beginning January 1,
2016, for motor vehicle gasoline, gasoline blendstock, and gasoline
fuel additives subject to the gasoline standards of this part and MSAT2
standards at Sec. Sec.  80.41, 80.101, 80.1230, the maximum allowable
standard deviation computed from the results of a minimum of 20 tests
made over 20 days (tests may be arranged into no fewer than five
batches or fewer tests each, with only one such batch allowed per day
over the minimum of 20 days) on samples using good laboratory practices
taken from a single homogeneous commercially available gasoline must be
less than or equal to 0.3 times the reproducibility (R), where ``R''
equals the ASTM reproducibility of ASTM D3606 (Example: A gasoline
having a 1Vol% benzene: Maximum allowable standard deviation of 20
tests <=0.3*(0.18 Vol%) = 0.054Vol%). The 20 results must be a series
of tests with a sequential record of analysis and no emissions. A
laboratory facility may exclude a given sample or test result only if
the exclusion is for a valid reason under good laboratory practices and
it maintains records regarding the sample and test results and the
reason for excluding them.
    (2) The test method specified at Sec.  80.46(e)(1) and in use prior
to October 28, 2013 is exempt from the requirements of paragraph (i)(1)
of this section.
    (j) Precision criteria for approval of the method defined fuel
parameter of aromatics in diesel. (1) Precision. Beginning January 1,
2016, for motor vehicle gasoline, gasoline blendstock, and gasoline
fuel additives subject to the motor vehicle diesel standards at Sec.
80.520, the maximum allowable standard deviation computed from the

results of a minimum of 20 tests made over 20 days (tests may be
arranged into no fewer than five batches or fewer tests each, with only
one such batch allowed per day over the minimum of 20 days) on samples
using good laboratory practices taken from a single homogeneous
commercially available gasoline must be less than or equal to 0.3 times
the reproducibility (R), where ``R'' equals the ASTM reproducibility of
ASTM D1319 (Example: A diesel fuel containing 35 Vol% aromatics:
maximum allowable standard deviation of 20 tests <=0.3*(3.7 Vol%) =
1.11Vol%). The 20 results must be a series of tests with a sequential
record of analysis and no emissions. A laboratory facility may exclude
a given sample or test result only if the exclusion is for a valid
reason under good laboratory practices and it maintains records
regarding the sample and test results and the reason for excluding
them.
    (2) The test method specified at Sec.  80.2(z) and in use prior to
October 28, 2013 is exempt from the requirements of paragraph (j)(1) of
this section.
    (k) Criteria for designated test method reference installations
used to qualify the accuracy of other method-defined parameter
instruments. (1) Beginning January 1, 2016, for a single laboratory
test facility qualifying a method defined alternative test method, the
reference installation of the method-defined fuel parameter for the
applicable designated test method must have precision equal to 0.3
times the reproducibility (R) of the method-defined fuel parameter's
designated test method, where ``R'' is the reproducibility of the
designated test method.
    (i) For olefins in gasoline, see paragraph (d)(1) of this section.
    (ii) For aromatics in gasoline, see paragraph (e)(1) of this
section.
    (iii) For oxygen and oxygenate content of gasoline, see paragraph
(f)(1) of this section.
    (iv) For Reid Vapor Pressure (RVP) of gasoline, see paragraph
(g)(1) of this section.
    (v) For gasoline distillation, see paragraph (h)(1) of this
section.
    (vi) For benzene in gasoline, see paragraph (i)(1) of this section.
    (vii) For aromatics in diesel fuel, see paragraph (j)(1) of this
section.
    (2) The reference installation of the method-defined fuel parameter
for the applicable designated test method must be shown to stay within
the middle 50% of the distribution of an industry or commercially
available monthly inter-laboratory crosscheck program for 3 out of 5
successive exchanges for at least a period of five months using good
laboratory practices. Specifically, compute the difference between the
instrument's average measurement of the fuel closest to the applicable
fuel standard (or to the average value for the fuel parameter in the
complex model) and the mean for that fuel obtained by all of the non-
outlier labs in the monthly inter-laboratory crosscheck program.
Standardize this difference by expressing it in standard deviation
units. These standardized inter-laboratory crosscheck differences
should be placed in a moving average with a minimum span of five
months. The instrument's moving average in standard deviation units
cannot be outside the central 50% of the distribution of all
laboratories that participated in the inter-laboratory crosscheck
program.
    (3) The reference installation of the method-defined fuel parameter
for the applicable designated test method must be shown to be in
statistical quality control as specified in ASTM D6299 for a minimum
period of five months using good laboratory practices. The system is
still considered to be in statistical quality control and the five
month time period will not re-start if--
    (i) Regular maintenance and/or re-calibration conducted during the
five months in SQC qualification time period is considered as part of
in-control normal operation, and/or;
    (ii) If an assignable cause for `out of control' is found,
mitigated, and the system is brought back in statistical quality
control during the five month time period that the reference
installation is attempting to meet the five month in-statistical-
control requirement, the five month time period does not re-start and
the system is still considered to be `in-control'.
    (4) For a voluntary consensus standards body, such as ASTM, or for
a commercially available industry crosscheck program, the summary
statistics (mean and standard error = standard deviation/square root
[number of results]) from the VCSB or commercially available inter-
laboratory cross-check program (ILCP) data may be used as is without
imposing the reference installations requirements of this section,
provided that the number of non-outlying results is greater than 16 for
both the designated and alternative test methods. The determination of
ARV of check standards as specified in ASTM D6299, clause <IP_ADDRESS> and
Note 7 shall be followed for the inter-laboratory crosscheck program.
The use of VCSB or commercially available ILCP data as described above
is deemed suitable for an ASTM D6708 assessment of VCSB alternative
test methods.
    (l) Qualification criteria for Voluntary Consensus Standard Based
(VCSB) Method-Defined Parameter Test Methods. (1) Beginning January 1,
2016, include full test method documentation by the Voluntary Consensus
Standard Based (VCSB) organization, including a description of the
technology and/or instrumentation that makes the method functional.
    (2) Include information reported in the test method that
demonstrates the test method meets the applicable precision information
for the method-defined fuel parameter as described in this section.
    (3) Include information reported in the test method that
demonstrates the test method has been evaluated using ASTM D6708 and
whether the comparison is a ``null'' result or whether a correlation
equation needs to be applied that predicts designated test method
results from the applicable method-defined alternative test method.
    (4) The test methods specified at Sec. Sec.  80.2(w) and
80.46(a)(1), (a)(2), (b)(1), (c)(1), (d)(1), (e)(1), (f)(1), and (g)(1)
and in use prior to October 28, 2013 are exempt from the requirements
of paragraphs (l)(1) through (3) of this section.
    (m) Qualification criteria for Non-Voluntary Consensus Standard
Based (non-VCSB) Method-Defined Parameter Test Methods. For a non-VCSB
method to be approved, the following information must be submitted to
the Administrator by each test facility for each method that it wishes
to have approved.
    (1) Beginning January 1, 2016, full and thorough test method
documentation, including a description of the technology and/or
instrumentation that makes the method functional so a person lacking
experience with the test instrument would be able to replicate its
results.
    (2) Information reported in the test method that demonstrates the
test method meets the applicable precision information using good
laboratory practices for the method-defined fuel parameter as described
in this section.
    (3) Both the candidate method-defined Non-VCSB test method and its
respective designated test method must be tested on a range of
consensus named fuels or locally-named reference materials that are
typical of those analyzed by the facility in practice using good
laboratory practices and must meet the data requirements for
variability as required in ASTM D6708.
    (4) The facility using the candidate method-defined non-VCSB test
method must statistically establish through application of ASTM D6708
that the

candidate method measures the same aspect of samples as applicable to
its respective designated test method using good laboratory practices.
    (5) If the use of ASTM D6708 reveals that the candidate method-
defined non-VCSB test method has sample-specific biases due to matrix
effects that cannot be determined as random the method is disqualified.
If however, it is determined that the candidate method-defined non-VCSB
test method can be qualified on a narrow circumscribed range of fuels
while still meeting the data requirements for variability as required
in ASTM D6708 (see paragraph (m)(3) of this section), then the types of
fuels on which the qualification was achieved and for which the method
is to be approved must be specified in the candidate method-defined
non-VCSB test method description. If there is any restriction on the
scope of fuels for which the candidate method-defined non-VCSB test
method is to be qualified, the applicant must include a discussion of
how the facility plans to screen sample for conformity to the scope. If
the candidate method-defined test method is found to have minimal
matrix effects, a statement to this effect must be included by the
applicant in its application.
    (6) The candidate method-defined non-VCSB test method precision
qualification must be conducted in the form of ``cross-method
reproducibility'' (Rcm) of the candidate method and applicable
designated test method as required in ASTM D6708, where the Rcm must be
equal to or less than 70 percent of the published reproducibility of
the applicable designated test method using good laboratory practices.
    (7) The applicant of the candidate method-defined non-VCSB test
method must demonstrate through the use of ASTM D6708 whether a
correlation to applicable designated test method is necessary. If it is
determined through the use of this practice that the candidate method-
defined non-VCSB test method requires a correlation equation in order
to predict designated test method results, then this correlation
equation must be applied to the candidate instruments output to obtain
measurement results for regulatory purposes using good laboratory
practices.
    (8) Any additional information requested by the Administrator and
necessary to render a decision as to approval of the test method.
    (9) Samples used for precision and accuracy determination must be
retained for 90 days.
    (10) Within 90 days of the receipt of materials required to be
submitted under paragraphs (m)(1) through (9) of this section, the
Administrator shall determine whether the test method is approved under
this section.
    (11) If the Administrator denies approval of the test method,
within 90 days of receipt of all materials required to be submitted in
paragraphs (m)(1) through (9) of this section, the Administrator will
notify the applicant of the reasons for not approving the method. If
the Administrator does not notify the applicant within 90 days of
receipt of the application, then the test method shall be deemed
approved.
    (12) The Administrator may revoke approval of a test method under
this section for cause, including, but not limited to, a determination
by the Administrator that the approved test method has proved to be
inadequate in practice.
    (13) An independent third-party scientific review and written
report and verification of the information provided pursuant to
paragraphs (m)(1) through (9) of this section. The report and
verification shall be based upon a site visit and review of relevant
documents and shall separately identify each item required by
paragraphs (m)(1) through (9) of this section, describe how the
independent third-party evaluated the accuracy of the information
provided, state whether the independent third-party agrees with the
information provided, and identify any exceptions between the
independent third-party's findings and the information provided.
    (i) The information required under this section must be conducted
by an independent third party who is a professional chemist and
statistician, or who is a chemical engineer, with the following
qualifications:
    (A) For a refiner, importer, oxygenate producer, and oxygenate
blender, the independent third party must have at least a bachelor's
degree in chemistry and statistics, or at least a bachelor's degree in
chemical engineering, from an accredited college in the United States,
or the independent third party must be a subject matter expert with
equivalent knowledge and qualification, with professional work
experience in the petroleum or oxygenate field, especially with a
demonstrated good working knowledge of ASTM D6708 and ASTM D6299.
    (B) [Reserved]
    (ii) To be considered an independent third-party under this
paragraph (m)(13):
    (A) The third-party shall not be employed by the refiner, importer,
oxygenate producer, or oxygenate blender, or any subsidiary or employee
of the refiner, import facility, oxygenate producing facility, or
oxygenate blender.
    (B) The third party shall be free from any interest in the
refiner's, importer's, oxygenate producer's, or oxygenate blender's
business.
    (C) The refiner, importer, oxygenate producer, or oxygenate blender
shall be free from any interest in the third-party's business.
    (D) Use of a third-party that is debarred, suspended, or proposed
for debarment pursuant to the Government-wide Debarment and Suspension
regulations, 40 CFR part 32, or the Debarment, Suspension and
Ineligibility provisions of the Federal Acquisition Regulations, 48 CFR
part 9 subpart 9.4, shall be deemed in noncompliance with the
requirements of this section.
    (iii) The independent third-party shall retain all records
pertaining to the verification required under this section for a period
of five years from the date of creation and shall deliver such records
to the Administrator upon request.
    (iv) The independent third party must provide EPA documentation of
his or her qualifications as described in this paragraph (m) as part of
the scientific review.
    (14) If the Administrator finds that an individual test facility
has provided false or inaccurate information under this section, upon
notice from the Administrator the approval shall be void ab initio.
    (n) Accuracy and Precision Statistical Quality Control (SQC)
Requirements for the Absolute Fuel Parameters. Beginning January 1,
2016, a test shall not be considered a test using an approved test
method unless the following quality control procedures are performed
separately for each instrument used to make measurements:
    (1) Every facility shall conduct tests on every instrument with a
commercially available gravimetric reference material, or check
standard as defined in the ASTM D6299 at least three times a year 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 five 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 D6299 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 five 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 either construct an ``I'' chart as
described in section 7 and section A1.5.1 of ASTM D6299, or follow the
``Q-Procedure'' in Annex 1.9 of ASTM D6299. In following the Q-
Procedure if the plot of results from the ``old'' and ``new'' QC
materials on its respective chart shows no special-cause signals, then
the result of the ``new'' QC material will be considered valid.
    (iii) For test facilities opting to use the Q-procedure, the first
run on the new QC batch should be validated by either an overlap in-
control result of the old batch, or by a single execution of an
accompanying standard reference material. The new QC material result
would be considered validated if the single result of the standard
reference material is within the established site precision (R') of the
Accepted Reference Value of the standard reference material, as
determined by ASTM D6792.
    (iv) The expanded uncertainty of the accepted reference value of
consensus named fuels shall have the following accuracy qualification
criterion: Accuracy qualification criterion = square root
[(0.75R)[caret]2+(0.75R)[caret]2/L], where L =
the number of single results obtained from different labs used to
calculate the consensus ARV.
    (v) These records must be kept by the facility for a period of five
years.
    (o) Accuracy and Precision Statistical Quality Control (SQC)
Requirements for the Voluntary Consensus Standard Based (VCSB) Method-
Defined Fuel Parameters. Beginning January 1, 2016, a test shall not be
considered a test using an approved test method unless the following
quality control procedures are performed separately for each instrument
used to make measurements:
    (1) Accuracy SQC. Every facility shall conduct tests of every
instrument with a commercially available check standard as defined in
the ASTM D6299 at least three times a year using good laboratory
practices. The check standard must be an ordinary fuel with levels of
the fuel parameter of interest close to either the applicable
regulatory standard or the average level of use for the facility. 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 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 five 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 D6299 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 five 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 either construct an ``I'' chart as
described in section 7 and section A1.5.1 of ASTM D6299, or follow the
``Q-Procedure'' in Annex 1.9 of ASTM D6299. In following the Q-
Procedure if the plot of results from the ``old'' and ``new'' QC
materials on its respective chart shows no special-cause signals, then
the result of the ``new'' QC material will be considered valid.
    (iii) For test facilities opting to use the Q-procedure, the first
run on the new QC batch should be validated by either an overlap in-
control result of the old batch, or by a single execution of an
accompanying standard reference material. The new QC material result
would be considered validated if the single result of the standard
reference material is within the established site precision (R') of the
Accepted Reference Value of the standard reference material, as
determined by ASTM D6792.
    (iv) The expanded uncertainty of the accepted reference value of
consensus named fuels shall have the following accuracy qualification
criterion: Accuracy qualification criterion = square root
[(0.75R)[caret]2+(0.75R)[caret]2/L], where L =
the number of single results obtained from different labs used to
calculate the consensus ARV.
    (v) These records must be kept by the facility for a period of five
years.
    (p) Accuracy and Precision Statistical Quality Control (SQC)
Requirements for the Non-Voluntary Consensus Standard Based (Non-VCSB)
Method-Defined Fuel Parameters. Beginning January 1, 2016, a test shall
not be considered a test using an approved test method unless the
following quality control procedures are performed separately for each
instrument used to make measurements:
    (1) Accuracy SQC for Non-VCSB Method-Defined test methods with
minimal matrix effects. Every facility shall conduct tests on every
instrument with a commercially available check standard as defined in
the ASTM D6299 at least three times a year using good laboratory
practices.. The check standard must be an ordinary fuel with levels of
the fuel parameter of interest close to either the applicable
regulatory standard or the average level of use for the facility. 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 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 five 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 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. Documentation on the identity of the
reference installation and its control status must be maintained on the
premises of the method-defined alternative test method. Records of the
standard reference materials measurements as well as any investigations
into any exceedances of this criterion must be kept for a period of
five years.
    (ii) Each facility is required to send every 20th production batch
of gasoline or diesel fuel to EPA's laboratory, along with the
facility's measurement result used to certify the batch using the
respective method-defined non-VCSB test method. The EPA retains the
right to return such sample on a blind basis for a required reanalysis
on the respective method-defined non-VCSB test method within 180 days
upon receipt of such sample.
    (3)(i) Precision SQC. Every facility shall conduct tests on every
instrument with a quality control material as defined in paragraph
3.2.3 in ASTM D6299 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 five 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 either construct an ``I'' chart as
described in section 7 and section A1.5.1 of ASTM D6299, or follow the
``Q-Procedure'' in Annex 1.9 of ASTM D6299. In following the Q-
Procedure if the plot of results from the ``old'' and ``new'' QC
materials on its respective chart shows no special-cause signals, then
the result of the ``new'' QC material will be considered valid.
    (iii) For test facilities opting to use the Q-procedure, the first
run on the new QC batch should be validated by either an overlap in-
control result of the old batch, or by a single execution of an
accompanying standard reference material. The new QC material result
would be considered validated if the single result of the standard
reference material is within the established site precision (R') of the
Accepted Reference Value of the standard reference material, as
determined by ASTM D6792.
    (iv) The expanded uncertainty of the accepted reference value of
consensus named fuels shall have the following accuracy qualification
criterion: Accuracy qualification criterion = square root
[(0.75R)[caret]2+(0.75R)[caret]2/L], where L =
the number of single results obtained from different labs used to
calculate the consensus ARV.
    (v) These records must be kept by the facility for a period of five
years.
    (q) Record retention requirements for the test methods approved
under this subpart. Each individual test facility must retain records
related to the establishment of accuracy and precision values, all test
method documentation, and any statistical quality control testing and
analysis under this section using good laboratory practices for a
period for five years.
    (r) Materials incorporated by reference. The published materials
identified in this section are incorporated by reference into this
section with the approval of the Director of the Federal Register under
5 U.S.C. 552(a) and 1 CFR part 51. To enforce any edition other than
that specified in this section, a document must be published in the
Federal Register and the material must be available to the public. All
approved materials are available for inspection at the Air and
Radiation Docket and Information Center (Air Docket) in the EPA Docket
Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave.
NW., Washington, DC. The EPA/DC Public Reading Room hours of operation
are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal
holidays. The telephone number of the EPA/DC Public Reading Room is
(202) 566-1744, and the telephone number for the Air Docket is (202)
566-1742. These approved materials are also available for inspection at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call (202)
741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials
are available from the sources listed below.
    (1) ASTM International material. The following standards are
available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700,
West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://www.astm.org:
    (i) ASTM D86-12, Standard Test Method for Distillation of Petroleum
Products at Atmospheric Pressure, approved December 1, 2012.
    (ii) ASTM D1319-13, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved
May 1, 2013.
    (iii) ASTM D3606-10, Standard Test Method for Determination of
Benzene and Toluene in Finished Motor and Aviation Gasoline by Gas
Chromatography, approved October 1, 2010.
    (iv) ASTM D5191-13, Standard Test Method for Vapor Pressure of
Petroleum Products (Mini Method), approved December 1, 2013.
    (v) ASTM D5599-00 (Reapproved 2010), Standard Test Method for
Determination of Oxygenates in Gasoline by Gas Chromatography and
Oxygen Selective Flame Ionization Detection, approved October 1, 2010.
    (vi) ASTM D6299-13, Standard Practice for Applying Statistical
Quality Assurance and Control Charting Techniques to Evaluate
Analytical Measurement System Performance, approved October 1, 2013.
    (vii) ASTM D6667-10, Standard Test Method for Determination of
Total Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum
Gases by Ultraviolet Fluorescence, approved October 1, 2010.
    (viii) ASTM D6708-13, Standard Practice for Statistical Assessment
and Improvement of Expected Agreement Between Two Test Methods that
Purport to Measure the Same Property of a Material, approved May 1,
2013.
    (ix) ASTM D6792-13, Standard Practice for Quality System in
Petroleum Products and Lubricants Testing Laboratories, approved May
15, 2013.

    (x) ASTM D7039-13, Standard Test Method for Sulfur in Gasoline,
Diesel Fuel, Jet Fuel, Kerosine, Biodiesel, Biodiesel Blends, and
Gasoline-Ethanol Blends by Monochromatic Wavelength Dispersive X-ray
Fluorescence Spectrometry, approved September 15, 2013, approved
September 15, 2013.
    (2) [Reserved]

0
8. Section 80.65 is amended by:
0
a. Revising paragraph (d)(1).
0
b. Removing and reserving paragraph (d)(2)(iv).
0
c. Revising paragraph (d)(2)(v).
0
d. Revising paragraph (d)(3).
0
e. Revising paragraphs (e)(1) introductory text, (e)(1)(i), and (e)(2)
introductory text.
0
f. Adding paragraphs (e)(3) and (e)(4).
0
g. Revising paragraphs (f)(1)(i) and (f)(3)(iii)(A).
0
h. Adding a new paragraph (f)(5).
0
i. Revising paragraph (i) introductory text.
0
j. Revising paragraphs (i)(1)(ii) and (i)(1)(iii).
0
k. Revising paragraphs (i)(4)(ii) introductory text and (i)(4)(ii)(A).
0
l. Revising paragraph (i)(6)(i).

Sec.  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) For each of the following parameters, either gasoline or RBOB
which meets the standard applicable to that parameter on a per-gallon
basis or on average--
    (A) Toxics emissions performance;
    (B) NOX emissions performance in the case of gasoline
certified using the complex model.
    (C) Benzene content; and
    (D) In the case of VOC-controlled gasoline or RBOB certified using
the complex model, VOC emissions performance; and
* * * * *
    (3) Every batch of reformulated gasoline, conventional gasoline,
RBOB, or CBOB produced or imported at each refinery or import facility
shall be assigned a number (the ``batch number''), consisting of the
EPA-assigned refiner or importer registration number, the EPA facility
registration number, the last two digits of the year in which the batch
was produced, and a unique number for the batch, beginning with the
number one for the first batch produced or imported each calendar year
and each subsequent batch during the calendar year being assigned the
next sequential number (e.g., 4321-54321-95-000001, 4321-54321-95-
000002, etc.).
    (e) * * *
    (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
Sec.  80.46 through December 31, 2015, or, beginning January 1, 2016,
in either Sec.  80.46 or Sec.  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 the following requirements:
    (i) Samples must be from a single reporting year, must be limited
to non-VOC gasoline, and must be of a single grade of gasoline or of a
single type of batch-produced blendstock.
    (ii) Combines samples of gasoline that are produced or imported
over a period no longer than one month. Blendstock samples of a single
blendstock type obtained from continuous processes over a calendar
month may be mixed together to form one blendstock sample and the
sample subsequently analyzed for the required fuel parameters.
    (iii)(A) Samples shall have been collected and stored using good
laboratory practices in order to prevent change in product composition
with regard to baseline properties and to minimize loss of volatile
fractions of the sample.
    (B) Properties of the retained samples shall be adjusted for loss
of butane or pentane by comparing the RVP measured immediately after
blending with the RVP determined at the time that the supplemental
properties are measured.
    (C) The volume of each batch or shipment sampled, to the nearest
gallon, shall have been noted and the sum of the volumes, in gallons,
calculated.
    (iv) For each batch or shipment sampled, the ratio of its volume to
the total volume determined in paragraph (e)(4)(iii)(C) of this section
shall be determined to three decimal places. This shall be the
volumetric fraction of the shipment in the mixture.
    (v) The total minimum volume required to perform duplicate analyses
to obtain values of all of the required fuel parameters shall be
determined.
    (vi) The volumetric fraction determined in paragraph (e)(4)(iv) of
this section for each batch or shipment shall be multiplied by the
value determined in 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 Sec.  80.46 or Sec.  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 Sec.  80.46 through December 31, 2015, and the
methodologies specified in Sec.  80.47 beginning January 1, 2016.
* * * * *
    (3) * * *
    (iii) * * *
    (A) For each compliance year beginning with the 2014 compliance

year, 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 perform testing required for compliance if all the
following conditions are met:
    (i) The alternate independent laboratory meets all provisions of
this section for designated independent laboratories.
    (ii) The alternate laboratory is used only when the designated
independent laboratory per paragraph (f)(2) of this section is
unavailable and cannot perform testing required for compliance, for
example, when the primary designated laboratory is closed, the
apparatus for certain test methods are down, or independent laboratory
personnel are not available.
    (iii) The alternate independent laboratory is not used to select a
preferred test result.
* * * * *
    (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 Sec.  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 Sec.  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 Sec.  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 Sec.
80.101(g) for the refinery, or where applicable, the refiner's
aggregation under Sec.  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.
* * * * *

0
9. Section 80.66 is amended by revising paragraph (f) to read as
follows:

Sec.  80.66  Calculation of reformulated gasoline properties.

* * * * *
    (f) Per-gallon RVP shall be determined based upon the measurement
of RVP of a representative sample of a batch of gasoline. The total RVP
value associated with a batch of gasoline (in RVP-gallons) is
calculated by multiplying the RVP times the volume.
* * * * *

0
10. Section 80.74 is amended by:
0
a. Revising the introductory text.
0
b. Revising paragraphs (a) introductory text and (a)(1).
0
c. Adding paragraphs (a)(3) and (a)(4).
0
d. Revising paragraph (b)(8).

Sec.  80.74  Recordkeeping requirements.

    All parties in the gasoline distribution network and the
distribution network for pentane for use by pentane blenders under
Sec.  80.86, shall maintain records containing the information as
required in this section. These records shall be retained for a period
of five years from the date of creation, and shall be delivered to the
Administrator of EPA or to the Administrator's authorized
representative upon request.
    (a) All regulated parties. Any refiner, gasoline importer,
oxygenate blender, producer of pentane for use by pentane blenders,
importer of pentane for use by pentane blenders, carrier, distributor,
reseller, retailer, or wholesale-purchaser-consumer who sells, offers
for sale, dispenses, supplies, offers for supply, stores, blends,
transports, or causes the transportation of any reformulated gasoline,
RBOB, or pentane for use by pentane blenders shall maintain records
containing the following information:
    (1) The product transfer documentation for all reformulated
gasoline, RBOB, or pentane for use by pentane blenders for which the
party is the transferor or transferee; and
* * * * *
    (3) For producers and importers of pentane for use by pentane
blenders, in addition to the records specified in paragraph (a)(1) of
this section, records demonstrating that each batch of such pentane is
compliant with the standards in Sec.  80.86.
    (4) For pentane blenders, in addition to the records specified in
paragraph (a)(1) of this section, records demonstrating compliance
quality assurance program requirements in Sec.  80.85.
    (b) * * *
    (8) In the case of butane or pentane blended into reformulated
gasoline or RBOB under Sec.  80.82 or Sec.  80.85, documentation of all
the following:
    (i) The volume of butane added.
    (ii) The volume of the pentane added.
    (iii) The volume of reformulated gasoline or RBOB both prior to and
subsequent to the butane or pentane blending.
    (iv) The purity and properties of the butane specified in Sec.
80.82(c) and (d), as appropriate.
    (v) The purity and properties of the pentane specified in Sec.
80.85(c) and (d), as appropriate.
    (vi) Compliance with the requirements of Sec. Sec.  80.82 and
80.85; and
* * * * *

0
11. Section 80.75 is amended by:
0
a. Revising the introductory text.
0
b. Revising paragraph (a).
0
c. Removing and reserving paragraph (b).
0
d. Revising paragraph (c)(1) introductory text.
0
e. Revising paragraph (d).
0
f. Adding paragraph (e) introductory text and revising paragraph
(e)(1).
0
g. Adding paragraph (g) introductory text.
0
h. Revising paragraph (h) introductory text.
0
i. Revising paragraph (i).
0
j. Removing and reserving paragraph (k).
0
k. Revising paragraph (l).
0
l. Revising paragraph (m).
0
m. Revising paragraph (o).
0
n. Adding paragraph (p).

Sec.  80.75  Reporting requirements.

    Any refiner, gasoline importer, producer of pentane for use by a
pentane blender, and importer of pentane for use by a pentane blender
shall report as specified in this section, and shall report such other
information as the Administrator may require.
    (a) Quarterly reports for reformulated gasoline. Any refiner or
importer that produces or imports any reformulated gasoline or RBOB
shall submit quarterly reports to the Administrator for each refinery
at which such reformulated gasoline or RBOB was produced and for all
such reformulated gasoline or RBOB imported by each importer.

    (1) The quarterly reports shall be for all such reformulated
gasoline or RBOB produced or imported during the following time
periods:
    (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.
    (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) All the following information shall be included in each
quarterly report for each batch of reformulated gasoline or RBOB which
is included under paragraph (a)(1) of this section:
    (i) The batch number.
    (ii) The date of production.
    (iii) The volume of the batch.
    (iv) The grade of gasoline produced (i.e., premium, mid-grade, or
regular).
    (v) For any refiner or importer, all the following:
    (A) Each designation of the gasoline, pursuant to Sec.  80.65.
    (B) The properties, along with identification of the test method
used to measure those properties, pursuant to Sec. Sec.  80.65(e) and
80.66.
    (vi) For any importer, the PADD in which the import facility is
located.
    (vii) [Reserved]
    (viii) In the case of any previously certified gasoline used in a
refinery operation under the terms of Sec.  80.65(i), all the following
information relative to the previously certified gasoline when received
at the refinery:
    (A) Identification of the previously certified gasoline as such.
    (B) The batch number assigned by the receiving refinery.
    (C) The date of receipt.
    (D) The volume, properties (along with identification of the test
method used to measure those properties), and designation of the batch.
    (ix) In the case of butane blended with reformulated gasoline or
RBOB under Sec.  80.82, all the following:
    (A) Identification of the butane batch as complying with the
provisions of Sec.  80.82.
    (B) Identification of the butane batch as commercial or non-
commercial grade butane.
    (C) The batch number of the butane.
    (D) The date of production of the gasoline produced using the
butane batch.
    (E) The volume of the butane batch.
    (F) The properties of the butane batch specified by the butane
supplier, or the properties specified in Sec.  80.82(c) or (d), as
appropriate, along with the identification of the test method used to
measure those properties.
    (G) The volume of the gasoline batch subsequent to the butane
blending.
    (x) In the case of any imported GTAB, identification of the
gasoline as GTAB.
    (xi) In the case of pentane blended with reformulated gasoline or
RBOB under Sec.  80.85, all the following:
    (A) Identification of the pentane batch as complying with the
provisions of Sec.  80.85.
    (B) Identification of the pentane batch as commercial or non-
commercial grade pentane.
    (C) The batch number of the pentane.
    (D) The company and facility identification numbers of the supplier
of the pentane batch.
    (E) The date of production of the gasoline produced using the
pentane batch.
    (F) The volume of the pentane batch.
    (G) The properties of the pentane batch specified by the pentane
supplier, or the properties specified in Sec.  80.82(c) or (d), as
appropriate along with the test method used to measure these
properties.
    (H) The volume of the gasoline batch subsequent to the pentane
blending.
    (3) Information pertaining to gasoline produced or imported during
1994 shall be included in the first quarterly report in 1995.
    (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 fourth
quarter report pursuant to Sec.  80.75(a)(1)(iv). This information
shall be reported separately for the following categories:
* * * * *
    (d) Benzene content averaging reports. Pursuant to Sec.
80.41(f)(3), for any refiner, refinery or importer not subject to the
applicable standards at Sec.  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.
    (2) All the following information shall be reported:
    (i) The volume of averaged reformulated gasoline or RBOB in
gallons.
    (ii) The compliance total content of benzene.
    (iii) The actual total content of benzene, along with
identification of the test methods used to measure the content of
benzene.
    (iv) The number of benzene credits generated as a result of actual
total benzene being less than compliance total benzene.
    (v) The number of benzene credits required as a result of actual
total benzene being greater than compliance total benzene.
    (vi) The number of benzene credits transferred to another refinery
or importer.
    (vii) The number of benzene credits obtained from another refinery
or importer.
    (e) Toxics emissions performance averaging reports. Pursuant to
Sec.  80.41(f)(3), for any refiner, refinery or importer not subject to
the applicable standards at Sec.  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.
* * * * *
    (g) NOX emissions performance averaging reports. Pursuant to

Sec.  80.41(f)(2), for any refiner, refinery or importer not subject to
the applicable standards at Sec.  80.41(f)(1), the report required by
this paragraph (g) is not required beginning January 1, 2014.
* * * * *
    (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 following information
for any benzene credits that are transferred from or to another
refinery or importer:
* * * * *
    (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.
* * * * *
    (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 Sec.  80.41 is achieved on a per-gallon basis,
the refiner or importer shall submit to the Administrator, by March 31
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.
    (m) Reports of compliance audits. Any refiner or importer shall
submit the report of the compliance audit required by Sec.  80.65(h) to
the Administrator by June 1 of each year.
* * * * *
    (o) Additional reporting requirements for refiners that blend
butane or pentane with reformulated gasoline or RBOB. For refiners that
blend any butane or pentane with reformulated gasoline or RBOB under
Sec.  80.82 or Sec.  80.85, the refiner shall submit to the
Administrator, by March 31 of each year, a report for the refinery
which includes all the following information for the previous calendar
year:
    (1) The total volume of butane and the total volume of pentane
blended with reformulated gasoline or RBOB at the refinery, separately
for reformulated gasoline and RBOB.
    (2) The total volume of reformulated gasoline or RBOB produced
using butane and the total volume of reformulated gasoline or RBOB
produced using pentane, separately for reformulated gasoline and RBOB.
    (3) A statement that each gallon of reformulated gasoline or RBOB
produced using butane or pentane met the applicable per-gallon
standards under Sec.  80.41.
    (4) A statement that all butane and pentane blended with
reformulated gasoline or RBOB at the refinery is included in the volume
reported in paragraph (o)(2) of this section.
    (p) Reporting requirements for producers and importers of pentane
for use by pentane blenders. Any producer of pentane for use by pentane
blenders, or importer of pentane for use by a pentane blender that
produces or imports any pentane for use by a pentane blender pursuant
to the requirements of Sec.  80.86 shall submit annual reports to the
Administrator for each facility at which pentane for use by pentane
blenders was produced and for all such pentane imported by each
importer.
    (1) All the following information shall be included in each annual
report for each batch of pentane for use by pentane blenders which is
produced or imported from January 1 to December 31 of each year:
    (i) The batch number.
    (ii) The date of production.
    (iii) The volume of the batch.
    (iv) Whether the batch was produced to the standards for blender-
commercial grade pentane pursuant to Sec.  80.86(a)(3) or blender non-
commercial grade pentane pursuant to Sec.  80.86(a)(4).
    (v) The properties, pursuant to the testing requirements of Sec.
80.86(a)(3) or (a)(4) as applicable.
    (vi) A statement that the batch of pentane is composed solely of
carbon, hydrogen, oxygen, nitrogen, and sulfur.
    (vii) For any importer, the PADD in which the import facility is
located.
    (2) Each annual report shall include the total volume of blender
commercial grade pentane pursuant to Sec.  80.86(a)(3) or blender-non-
commercial grade pentane pursuant to Sec.  80.86(a)(4) for the
reporting period.
    (3) Annual reports shall be submitted by March 31 of each year.

0
12. Section 80.77 is amended by revising the introductory text and
paragraphs (c), (d), and (f) to read as follows:

Sec.  80.77  Product transfer documentation.

    On each occasion when any person transfers custody or title to any
reformulated gasoline, RBOB, or pentane for use by a pentane blender
other than when gasoline is sold or dispensed for use in motor vehicles
at a retail outlet or wholesale purchaser-consumer facility, the
transferor shall provide to the transferee documents which include the
following information:
* * * * *
    (c) The volume of gasoline, RBOB, or pentane for use by a pentane
blender which is being transferred;
    (d) The location of the gasoline or pentane for use by a pentane
blender at the time of the transfer;
* * * * *
    (f) The proper identification of the product as reformulated
gasoline, RBOB, or pentane for use by a pentane blender; and
* * * * *

0
13. Section 80.80 is amended by revising paragraphs (b) and (d) to read
as follows:

Sec.  80.80  Penalties.

* * * * *
    (b) Any violation of a standard for average compliance during any
averaging period, or for per-gallon compliance for any batch of
gasoline or blender grade pentane, shall constitute a separate
violation for each and every standard that is violated.
* * * * *
    (d)(1) Any violation of any per-gallon standard or of any per-
gallon minimum or per-gallon maximum, other than the standards
specified in paragraph (e) of this section, shall constitute a separate
day of violation for each and every day such gasoline or blender grade
pentane giving rise to such violations remains any place in the
gasoline or blender grade pentane distribution system, beginning on the
day that the gasoline or blender grade pentane that violates such per-
gallon standard is produced or imported and distributed and/or offered
for sale, and ending on the last day that any such gasoline or blender
grade pentane is offered for sale or is dispensed to any ultimate
consumer for use in any motor vehicle; unless the violation is
corrected by altering the properties and characteristics of the
gasoline or blender grade pentane giving rise to the violations and any
mixture of gasolines or blender grade pentane that contains any of the
gasoline or blender grade pentane giving rise to the violations such
that said gasoline or mixture of gasolines or said blender grade
pentane or mixture of blender grade pentanes has the properties and
characteristics that would have existed if the gasoline or blender
grade pentane giving rise to the violations had been

produced or imported in compliance with all per-gallon standards.
    (2) For the purposes of this paragraph (d), the length of time the
gasoline or blender grade pentane in question remained in the gasoline
or blender grade pentane distribution system shall be deemed to be
twenty-five days; unless the respective party or EPA demonstrates by
reasonably specific showings, by direct or circumstantial evidence,
that the gasoline or blender grade pentane giving rise to the
violations remained any place in the gasoline or blender grade pentane
distribution system for fewer than or more than twenty-five days.
* * * * *

0
14. Section 80.82 is revised to read as follows:

Sec.  80.82  Butane blending.

    A refiner for any refinery that produces gasoline by blending
butane with previously certified gasoline (PCG) 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
the equivalent emissions performance of the butane batch, as determined
using the provisions in Sec.  80.101(g)(3), meets the refinery's
standards under Sec.  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 applicable per-gallon standards in Sec.  80.41(e), as
determined using the test methods in Sec.  80.46 or Sec.  80.47, as
applicable.
    (c) Commercial grade butane is defined as butane for which test
results demonstrate that the butane is 95% pure and has all 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 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 Sec.  80.46 or Sec.  80.47, as applicable, that
each batch of conventional gasoline blended with butane meets the
volatility standards specified in Sec.  80.27.
    (2) Butane may not be blended with any reformulated gasoline or
RBOB during the period April 1 through September 30, or with any
reformulated gasoline or RBOB designated as VOC-controlled, under this
section.
    (f) When butane is blended with previously certified gasoline under
this section, product transfer documents which accompany the gasoline
blended with butane must comply with all of the requirements of Sec.
80.77 or Sec.  80.106, as appropriate.
    (g) Butane blended with previously certified gasoline during a
period of up to one month may be included in a single batch for
purposes of reporting to EPA, however, commercial grade butane and non-
commercial grade butane must be reported as separate batches.
    (h) Where a refiner chooses to include butane blended with gasoline
in the refinery's annual average compliance calculations--
    (1) In the case of butane blended with conventional gasoline, the
equivalent emissions performance of the butane must be calculated in
accordance with the provisions of Sec.  80.101(g)(3). For purposes of
this paragraph (h)(1), the property values in Sec.  80.82(c) or (d), as
appropriate, may be used;
    (2) In the case of butane blended with reformulated gasoline or
RBOB, compliance with the reformulated gasoline standards may not be
demonstrated using the provisions of this section;
    (3) All butane blended into gasoline during the annual averaging
period must be included in annual average compliance calculations for
the refinery.
    (i) A refiner who only blends commercial grade or non-commercial
grade butane into PCG may meet the sampling and testing requirements of
this part by meeting the requirements of paragraphs (a) through (f) and
(h)(3) of this section and all the following additional requirements:
    (1) The per-gallon sulfur content of every batch of butane must not
exceed 30 ppm from January 1, 2005 through December 31, 2016, and 10
ppm beginning January 1, 2017 and thereafter.
    (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
Sec.  80.46, Sec.  80.47, or other test methods as approved by the
Administrator as applicable.
    (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 applicable 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
non-commercial grade.
    (5) The quality assurance testing requirement of paragraph (b)(1)
of this section applies regardless of whether the butane is commercial
grade or non-commercial 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 Sec.  80.1603(a).
    (j) The PCG procedures of Sec.  80.1640 may be used to meet the
sampling and testing requirements of subpart O of this part.

0
15. A new Sec.  80.85 is added to subpart D to read as follows:

Sec.  80.85  Pentane blending.

    A refiner for any refinery where gasoline is produced by adding
blender-commercial grade pentane or blender-non-commercial grade
pentane meeting the requirements of Sec.  80.86 to previously certified
gasoline (PCG) may meet the sampling and testing requirements for this
part as follows:
    (a) Any refinery that blends pentane for which the refinery has
product transfer documents from a registered pentane supplier which
demonstrate that the pentane is blender-commercial grade, as defined in
Sec.  80.86(a)(3), may demonstrate compliance with the standards in
this part based on the properties specified in Sec.  80.86(a)(3), or
the properties specified by the pentane supplier, provided that the
refinery does all the following:
    (1) Obtains a copy of the pentane supplier's test results at the
time of each transfer of pentane to the pentane blender that indicates
that the blender-commercial grade pentane complies with the
requirements of Sec.  80.86(a)(3).
    (2) Conducts a quality assurance program of sampling and testing
the pentane obtained from each separate pentane supplier using test
procedures that have been approved by the Administrator which
demonstrates that the pentane has the properties specified in Sec.
80.86(a)(3). Samples and tests the pentane received from each pentane
supplier at a frequency of one sample for every 350,000 gallons of
pentane received, or one sample every three months, whichever is more
frequent.
    (3) Enters into a contract with all parties who transport or store
blender-commercial grade pentane for use by the refiner to assure that
an adequate quality assurance program is implemented to ensure that
blender-commercial grade pentane will not be contaminated in transit to
the refinery.