signal to an over-temperature safety shut-off on the heater controller.
If the engine temperature reaches the set point (110[deg]C
recommended), the heater controller will signal the starter controller
to shut down the test.
    (iv) Fuel System Flush. Drain the fuel from the fuel system through
the service port on the fuel rail at the back of the engine. Refuel
with a non-detergent gasoline containing between 5 and 10 percent
ethanol. Drive the vehicle for approximately 100 miles to thoroughly
expose all parts of the fuel system to the fuel. The fuel pump and fuel
filters should not be replaced unless there is a problem with them or
if the vehicle history suggests that replacement would be prudent. If
replacement is necessary, the new parts should first be conditioned by
recirculating a 10% ethanol-gasoline blend (without deposit control
additive) through them for one week.
    (v) Oil Change. Change the engine oil and oil filter, using oil
that meets the manufacturer's recommended service classification and
viscosity grade.
    (vi) Battery Charger. Install a battery charger in the vehicle so
that it can be plugged in during the test and keep the battery at full
charge.
    (vii) Radiator. Install cardboard or other suitable material on the
front of the radiator to block the flow of air through the radiator
while the engine is running. This will help minimize the drop in
coolant temperature.
    (viii) Starter Controller. Make the necessary changes to the
vehicle electrical system so that the engine can be started and stopped
automatically on a programmed schedule. Install a starter controller or
computer and program it to do the following:
    (A) Start the engine and let it run for 5 minutes, and then shut it
off and let it hot-soak for 25 minutes.
    (B) Repeat the 5/25 cycle for a total of 192 cycles.
    (C) Allow a 48-hr hot soak during which the engine is not run but
the engine temperature is maintained at 100-102[deg]C.
    (D) Turn off the heaters for 48 hours.
    (E) Continuously count and display the number of cycles that have
been completed throughout the test.
    (4) Test Procedure. The steps described in paragraphs (c)(3)(i)
though (vi) of this section must be performed by the action described
in paragraph (c)(3)(vii) of this section so that the new injectors are
exposed only to the new test fuel.
    (i) Drain the fuel from the vehicle.
    (ii) Add approximately 2 gallons of the fuel to be tested.
    (iii) Drive the vehicle for approximately 20 miles at speeds up to
approximately 50-60 mph. Approximately every 5 miles, stop the vehicle
and moderately accelerate. If the radiator covering is still in place,
watch the temperature gauge during the driving and avoid overheating
the engine. This step not only flushes the fuel system but also helps
remove carbon (if any) from the spark plugs and water from the exhaust
system.
    (iv) Drain the fuel from the vehicle and add approximately 1 to 2
gallons of the fuel to be tested.
    (v) Drive the vehicle for approximately 5 miles. Watch the
temperature gauge and avoid overheating the engine.
    (vi) Drain the fuel from the vehicle and add approximately 10
gallons of the fuel to be tested. (The test consumes about 7.5 gallons
of fuel.)
    (vii) Remove the fuel injectors and install new injectors. Run the
engine for a few minutes to be sure it runs properly.
    (viii) Park the vehicle in the location where the test will be run.
    (ix) Connect the vehicle tail pipe to the building exhaust system.
    (x) Depending on the design of the starter control system, remove
fuses and relays as necessary and connect the wires from the controller
to the vehicle fuse box. Close the hood.
    (xi) Turn on the vehicle ignition switch and the security bypass
switch if so equipped.
    (xii) Turn on the heater controller and be sure that it is working.
    (xiii) Turn on the starter controller and the vehicle should start.
    (xiv) Monitor the engine temperature for the first few cycles to be
sure it is increasing.
    (xv) At the end of the 192-hour (8-day) test, turn off the ignition
switch, starter controller, and heater controller. Return the fuses,
relays, and wires to their standard configuration for normal operation
of the vehicle.
    (xvi) Connect the Tech 2 analyzer to the ALDL connector under the
instrument panel, and connect the fuel pressure gauge to the service
port on the fuel rail at the back of the engine.
    (xvii) Conduct the injector balance test by following the
instructions on the Tech 2. The injector balance test checks each
injector individually to determine whether the poppet nozzle is stuck
closed. First, the Tech 2 turns on the fuel pump momentarily to
pressurize the fuel system. Then it pulses the injector for a preset
interval. If the

injector and poppet nozzle are working properly, the fuel system
pressure will decrease gradually and smoothly by about 8 to 10 psi
during the pulsing. If the pressure does not decrease, or decreases
very suddenly but then stops decreasing before the pulsing is done, the
poppet is stuck closed. This procedure, beginning with pressurizing the
fuel system, is carried out for each injector.
0
19. A new Sec.  80.177 is added to subpart G to read as follows:

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

    (a) General requirements. This section provides specifications for
the test fuels required in conjunction with the alternative national
generic certification option described in Sec.  80.163(a)(1)(iii).
    (1) The test fuel characteristics detailed in this section must be
reported to EPA in the detergent certification letter required pursuant
to Sec.  80.161(b)(3).
    (2) The levels of the basic fuel parameters specified in this
section (ethanol, olefins, aromatics, sulfur, and 90% evaporation
distillation temperature) must be measured in accordance with
applicable procedures in Sec.  80.46.
    (3) No detergent-active substance other than the detergent additive
package undergoing testing may be added to a certification test fuel.
Typical nondetergent additives, such as antioxidants, corrosion
inhibitors, and metal deactivators, may be present in the test fuel at
the discretion of the additive certifier. In addition, any nondetergent
additives (other than oxygenate compounds) which are commonly blended
into gasoline and which are known or suspected to affect IVD or PFID
formation, or to reduce the ability of the detergent in question to
control such deposits, should be added to the test fuel for
certification testing.
    (4) Certification test requirements may be satisfied for a
detergent additive using more than one batch of test fuel, provided
that each batch satisfies all applicable test fuel requirements under
this section.
    (5) Unless otherwise required by this section, finished test fuels
must conform to the requirements for commercial gasoline described in
ASTM D 4814-11, ``Standard Specification for Automotive Spark-Ignition
Engine Fuel'', which is incorporated by reference pursuant to Sec.
80.178.
    (b) Test fuel for intake valve deposit testing: This paragraph
provides specifications for the test fuels required for use in the test
procedure specified in Sec.  80.176(b).
    (1) The test fuel must contain levels of the specified parameters
consistent with the requirements of this section.
    (i) The test fuel must contain no less than 8.0 volume percent and
no more than 10.0 volume percent ethanol. Commercial fuel grade
denatured fuel ethanol must be used that conforms to the requirement of
Sec.  80.1610 and ASTM D4806--11a ``Standard Specification for
Denatured Fuel Ethanol for Blending with Gasolines for Use as
Automotive Spark-Ignition Engine Fuel'', which is incorporated by
reference pursuant to Sec.  80.178.
    (ii) The test fuel must contain no less than 8.0 volume percent
olefins. At least 75 percent of the olefins must be derived from fluid
catalytic cracker unit (FCC) gasoline. Such FCC gasoline can be full-
range FCC gasoline or a mixture of light and heavy FCC gasolines. Such
FCC gasoline must be produced by a commercial gasoline refiner and meet
the following criteria:
    (A) The FCC gasoline must be designated by the commercial refiner
as full range FCC gasoline or whole FCC gasoline, and must have a T90
distillation temperature greater than 300[emsp14][deg]F.
    (B) If a mixture of light and heavy FCC gasoline is used, heavy FCC
gasoline must contribute at least 50 percent of the sulfur in the
mixture. Heavy FCC gasoline must meet the following criteria:
    (1) The heavy FCC gasoline must be designated by the commercial
refiner as heavy FCC gasoline.
    (2) The heavy FCC gasoline must have an API gravity less than 45
and a T90 distillation temperature greater than 325[emsp14][deg]F.
    (iii) The test fuel must contain no less than 28 volume percent
aromatics.
    (iv) The test fuel must contain no less than 240 ppm sulfur. At
least 60 percent of the sulfur must be derived from FCC gasoline that
meets the specifications in paragraph (b)(1)(ii) of this section.
    (v) The test fuel must have a T90 distillation temperature of no
less than 290[emsp14][deg]F.
    (vi) The test fuel containing no deposit control additives must
produce no less than 500 mg averaged over all intake valves when
subjected to the intake valve deposit test specified in Sec.
80.176(b).
    (vii) All gasoline blendstocks used to formulate the test fuel must
be representative of normal refinery operations and shall be derived
from conversion units downstream of distillation. Butanes and pentanes
may be used for vapor pressure adjustment. The use of chemical grade
streams is prohibited.
    (2) [Reserved]
    (c) Test fuel for fuel injector deposit testing: This paragraph
provides specifications for the test fuels required for use in the test
procedure specified in Sec.  80.176(c). The test fuel must conform to
the specifications in either paragraph (c)(1) or (c)(2) of this
section. The same base test fuel must be used for deposit demonstration
testing and for demonstrating compliance with the fuel injector deposit
control standards in Sec.  80.176(a).
    (1) Option 1 regarding the specifications for the test fuel used
for fuel injector deposit testing. (i) The test fuel must be a
commercial full boiling range hydrocarbon gasoline or gasoline blending
component, without oxygenates.
    (ii) The test fuel containing no deposit control additives must
produce at least 5 inoperable injectors valves when subjected to the
fuel injector deposit test specified in Sec.  80.176(c).
    (2) Option 2 regarding the specifications for the formulation of
the test fuel used for fuel injector deposit testing. (i) The test fuel
must meet the requirements for federal emissions test gasoline
specified in Sec. Sec.  80.113 and 80.112 into which 4-
methylbenzenethiol has been blended as a concentration of 56 mg/L.
    (ii) The test fuel containing no deposit control additives must
produce at least 4 inoperable injectors valves when subjected to the
fuel injector deposit test specified in Sec.  80.176(c).
0
20. A new Sec.  80.178 is added to subpart G to read as follows:

Sec.  80.178  Incorporation by reference.

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

number for the Air Docket is<PHONE_NUMBER>. Also, this material is
available from the source listed in paragraphs (b) and (c) of this
section.
    (b) ASTM International, 100 Barr Harbor Drive, P.O. Box C-700, West
Conshohocken, Pennsylvania 19428 (1-800-262-1373, www.astm.org).
    (1) ASTM D 5598-94, ``Standard Test Method for Evaluating Unleaded
Automotive Spark-Ignition Engine Fuel for Electronic Port Fuel Injector
Fouling,'' 1994; IBR approved for Sec.  80.165.
    (2) ASTM D 5500-94, ``Standard Test Method for Vehicle Evaluation
of Unleaded Automotive Spark-Ignition Engine Fuel for Intake Valve
Deposit Formation,'' 1994; IBR approved for Sec.  80.165.
    (3) ASTM D-6201-04(2009) (``ASTM D 6201''), Standard Test Method
for Dynamometer Evaluation of Unleaded Spark-Ignition Engine Fuel for
Intake Valve Deposit Formation; IBR approved for Sec.  80.176.
    (4) ASTM D 4814-11, ``Standard Specification for Automotive Spark-
Ignition Engine Fuel'', IBR approved for Sec.  80.177.
    (5) ASTM D-4806-11a ``Standard Specification for Denatured Fuel
Ethanol for Blending with Gasolines for Use as Automotive Spark-
Ignition Engine Fuel'', IBR approved for Sec.  80.177.
    (c) California Air Resources Board, 1001 ``I'' Street, P.O. Box
2815, Sacramento, CA 95812<PHONE_NUMBER>, http://www.arb.ca.gov).
    (1) California Air Resources Board, ``Test Method for Evaluating
Port Fuel Injector (PFI) Deposits in Vehicle Engines'', March 1, 1991;
IBR approved for Sec.  80.165.
    (2) California Air Resources Board, ``BMW--10,000 Miles Intake
Valve Test Procedure'', March 1, 1991; IBR approved for Sec.  80.165.

Subpart H--[Amended]

0
21. Section 80.330 is amended by revising paragraphs (c)(1), (d)(1),
and (d)(2) to read as follows:

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

* * * * *
    (c) * * *
    (1) For purposes of paragraph (a) of this section, refiners and
importers shall use the method provided in Sec.  80.46(a)(1) or one of
the alternative test methods listed in Sec.  80.46(a)(3) to measure the
sulfur content of gasoline they produce or import through November 29,
2014. Beginning November 30, 2014, for purposes of paragraph (a) of
this section, refiners and importers shall use a method approved in
Sec.  80.47.
* * * * *
    (d) * * *
    (1) Refiners and importers shall use the method provided in Sec.
80.46(a)(2) to measure the sulfur content of butane when the butane
constitutes a batch of gasoline through November 29, 2014. Beginning
November 30, 2014, refiners and importers shall use a method approved
in Sec.  80.47 to measure the sulfur content of butane when the butane
constitutes a batch of gasoline.
    (2) Except as provided in paragraph (d)(1) of this section, any
ASTM sulfur test method for gaseous fuels may be used for quality
assurance testing under Sec. Sec.  80.340(b)(4) and 80.400, if the
protocols of the ASTM method are followed and the alternative test
method is correlated to the method provided in Sec.  80.46(a)(2)
through November 29, 2014. Beginning November 30, 2014, except as
provided in paragraph (d)(1) of this section, refiners and importers
shall use a method approved in Sec.  80.47 to measure the sulfur
content of butane.
* * * * *
0
22. Section 80.370 is amended by:
0
a. Revising paragraph (a)(7)(iv).
0
b. Revising paragraph (d)(2).

Sec.  80.370  What are the sulfur reporting requirements?

* * * * *
    (a) * * *
    (7) * * *
    (iv) The sulfur content of the batch, along with identification of
the test method used to measure the sulfur content of the batch, as
determined under Sec.  80.330; and
* * * * *
    (d) * * *
    (2) Submitted to EPA by March 31 for the prior calendar year
averaging period.
* * * * *

Subpart I--[Amended]

0
23. Section 80.511 is amended by revising paragraphs (b)(4) and (b)(10)
to read as follows:

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

* * * * *
    (b) * * *
    (4) Except as provided in paragraphs (b)(5) through (8) of this
section, the per-gallon sulfur standard of Sec.  80.510(c) shall apply
to all NRLM diesel fuel beginning August 1, 2014 for all downstream
locations other than retail outlets or wholesale purchaser-consumer
facilities, shall apply to all NRLM diesel fuel beginning October 1,
2014 for retail outlets and wholesale purchaser-consumer facilities,
and shall apply to all NRLM diesel fuel beginning December 1, 2014 for
all locations. This paragraph (b)(4) does not apply to LM diesel fuel
produced from transmix or interface fuel that is sold or intended for
sale in areas other than those listed in Sec.  80.510(g)(1) or (g)(2),
as provided by Sec.  80.513(f).
* * * * *
    (10) For the purposes of this subpart, on any occasion where a
distributor directly dispenses fuel into vehicles or equipment from a
mobile facility such as a tanker truck, the distributor shall be
treated as a retailer, and the mobile facility shall be treated as a
retail outlet.
0
24. Section 80.572 is amended by revising paragraph (a) to read as
follows:

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

* * * * *
    (a) From June 1, 2010 through November 30, 2014, any retailer or
wholesale purchaser-consumer who sells, dispenses, or offers for sale
or dispensing, motor vehicle diesel fuel subject to the 15 ppm sulfur
standard of Sec.  80.520(a)(1), must affix the following conspicuous
and legible label, in block letters of no less than 24-point bold type,
and printed in a color contrasting with the background, to each pump
stand:

      ULTRA-LOW SULFUR HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)
      Required for use in all highway diesel vehicles and engines.
         Recommended for use in all diesel vehicles and engines.

* * * * *
0
25. Section 80.573 is amended by revising paragraph (a) to read as
follows:

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

* * * * *
    (a) From June 1, 2012 through September 30, 2014, for pumps
dispensing NRLM diesel fuel subject to the 15 ppm sulfur standard of
Sec.  80.510(c):

    ULTRA-LOW SULFUR NON-HIGHWAY DIESEL FUEL (15 ppm Sulfur Maximum)
    Required for use in all model year 2011 and later nonroad diesel
                                engines.
      Recommended for use in all other non-highway diesel engines.
                                 WARNING
        Federal law prohibits use in highway vehicles or engines.

* * * * *
0
26. Section 80.574 is revised to read as follows:

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

    (a) Any retailer or wholesale purchaser-consumer who sells,
dispenses, or offers for sale or dispensing ECA marine fuel must
prominently and conspicuously display in the immediate area of each
pump stand from which ECA marine fuel is offered for sale or
dispensing, one of the following legible labels, as applicable, in
block letters of no less than 24-point bold type, printed in a color
contrasting with the background:
    (1) From June 1, 2014 and beyond, for pumps dispensing ECA marine
fuel subject to the 1,000 ppm sulfur standard of Sec.  80.510(k):

      1,000 ppm SULFUR ECA MARINE FUEL (1,000 ppm Sulfur Maximum).
             For use in Category 3 (C3) marine vessels only.
                                 WARNING
  Federal law prohibits use in any engine that is not installed on a C3
 marine vessel; use of fuel oil with a sulfur content greater than 1,000
   ppm in an ECA is prohibited except as allowed by 40 CFR part 1043.

    (2) The labels required by paragraph (a)(1) of this section must be
placed on the vertical surface of each pump housing and on each side
that has gallon and price meters. The labels shall be on the upper two-
thirds of the pump, in a location where they are clearly visible.
    (b) Alternative labels to those specified in paragraph (a) of this
section may be used as approved by EPA.
    (1) For US Mail: U.S. EPA, Attn: Diesel Sulfur Alternative Label
Request, 6406J, 1200 Pennsylvania Avenue NW., Washington, DC 20460.
    (2) For overnight or courier services: U.S. EPA, Attn: Diesel
Sulfur Alternative Label Request, 6406J, 1310 L Street NW., 6th floor,
Washington, DC 20005.<PHONE_NUMBER>.
0
27. Section 80.580 is amended by:
0
a. Revising paragraph (e) introductory text.
0
b. Revising paragraph (e)(1) introductory text.
0
c. Revising paragraphs (e)(1)(i) through (e)(1)(iv).

Sec.  80.580  What are the sampling and testing methods for sulfur?

* * * * *
    (e) Materials incorporated by reference. The Director of the
Federal Register approved the incorporation by reference of the
documents listed in this section as prescribed in 5 U.S.C. 552(a) and 1
CFR 51. Anyone may inspect copies at the U.S. EPA, Air and Radiation
Docket and Information Center, 1301 Constitution Ave. NW., Room B102,
EPA West Building, Washington, DC, 20460, under EPA docket ID Number
EPA-HQ-OAR-2011-0135, or at the National Archives and Records
Administration (NARA). The telephone number for the Air Docket Public
Reading Room is<PHONE_NUMBER>. For information on the availability of
this material at NARA, call<PHONE_NUMBER> or go to: http://www.archives.gov//federal_register/code_of_federal_regulations/ibr_locations.html. For further information on these test methods,
please contact the Environmental Protection Agency at<PHONE_NUMBER>.
    (1) ASTM International material. Anyone may purchase copies of
these materials from ASTM International, 100 Barr Harbor Dr., West
Conshohocken, PA 19428-2959, or by contacting ASTM International
customer service at<PHONE_NUMBER>, or by contacting the email address of
<EMAIL_ADDRESS>from the ASTM International Web site of http://www.astm.org.
    (i) ASTM International standard method D2622-10 (``ASTM
International D2622''), ``Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-Ray Fluorescence Spectrometry'',
approved February 15, 2010.
    (ii) [Reserved]
    (iii) ASTM International standard method D4294-10 (``ASTM
International D4294''), ``Standard Test Method for Sulfur in Petroleum
Products by Energy Dispersive X-Ray Fluorescence Spectrometry'',
approved February 15, 2010.
    (iv) ASTM International standard method D5453-09 (``ASTM
International D5453''), ``Standard Test Method for Sulfur in Petroleum
Products by Energy Dispersive X-Ray Fluorescence Spectrometry'',
approved June 15, 2009.
* * * * *
0
28. Section 80.585 is amended by revising paragraph (d)(4) to read as
follows:

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

* * * * *
    (d) * * *
    (4) The approval of any test method under paragraph (b) of this
section shall be valid for five years from the date of approval by the
Administrator. After the five year period has ceased, in order for the
test method approval to remain valid, the test method must be
resubmitted for approval with applicable precision and accuracy
information contained in Sec.  80.584(a) and (b). If, however, the test
method is later approved by a voluntary consensus-based standards body,
the approval shall remain valid as long as the conditions of paragraph
(a) of this section are met.
* * * * *
0
29. Section 80.604 is amended by revising paragraphs (f)(3) and (4) to
read as follows:

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

* * * * *
    (f) * * *
    (3) Except for small refiners subject to Sec.  80.554(d), submitted
to EPA by September 1 each year for the prior annual compliance period.
Small refiners subject to the provisions of Sec.  80.554(d), reports
must be submitted by September 1 for the previous reporting period.
    (4) With the exception of reports required under paragraph (b)(3)
of this section, no reports will be required under this section after
September 1, 2014.

Subpart L--[Amended]

0
30. Section 80.1235 is amended by revising paragraphs (a)(6) and (b)(2)
to read as follows:

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

    (a) * * *
    (6) Blendstock that is combined with PCG to produce gasoline must
be sampled and tested in accordance with the provisions at Sec.
80.1347(a)(5) or (6).
    (b) * * *
    (2) Oxygenate added to PCG downstream of the refinery that produced
the PCG, or downstream of the import facility where the PCG was
imported, shall not be included in a refiner's or importer's compliance
calculations unless the refiner or importer that produced or imported
the PCG complies with the requirements of Sec.  80.1238(b). On any
occasion where any person downstream of the refinery or importer that
produced or imported PCG adds oxygenate to such product, it shall not
include the volume and benzene content of the oxygenate in any
compliance calculations or for credit generation under this subpart.
* * * * *
0
31. Section 80.1238 is amended by revising paragraph (b)(1) to read as
follows:

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

* * * * *
    (b) * * *
    (1) For oxygenate added to conventional gasoline or CBOB, the
refiner or importer must comply with the requirements of Sec.
80.101(d)(4)(ii) and the benzene content must be measured by sampling
the ethanol actually added to the conventional gasoline or CBOB and
testing it for benzene content.
* * * * *
0
32. Section 80.1347 is amended as follows:
0
a. By revising paragraphs (a)(3)(i) and (a)(5).
0
b. By adding a new paragraph (a)(6).

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

    (a) * * *
    (3)(i) Each sample shall be tested in accordance with the
methodology specified at Sec.  80.46(e) through November 29, 2014, to
determine its benzene concentration for compliance with the
requirements of this subpart. Beginning November 30, 2014, each sample
shall be tested in accordance with the methodology specified at Sec.
80.46(e) or Sec.  80.47 to determine its benzene concentration for
compliance with the requirements of this subpart. Any negative test
result must be reported as zero.
* * * * *
    (5) Exclusion of previously certified gasoline (PCG). (i) Any
refiner who uses PCG to produce gasoline at a refinery, must exclude
the PCG for purposes of demonstrating compliance with the benzene
standards at Sec.  80.1230.
    (ii) To accomplish the exclusion required in paragraph (a)(5)(i) of
this section, the refiner must determine the volume and benzene content
of the PCG used at the refinery and the volume and benzene content of
gasoline produced at the refinery, and use the compliance calculation
procedures in paragraphs (a)(5)(iii) and (iv) of this section.
    (iii) For each batch of PCG that is used to produce gasoline the
refiner must include the volume and benzene content of the PCG as a
negative volume and a positive benzene content in the refiner's
compliance calculations in accordance with the requirements at Sec.
80.1238.
    (iv) For each batch of gasoline produced at the refinery using PCG
and blendstock, the refiner must determine the volume and benzene
content of the combined product and include each batch for purposes of
benzene compliance in the refinery's compliance calculations at Sec.
80.1240 without regard to the presence of previously certified gasoline
in the batch.
    (v) The refiner must use any PCG that it includes as a negative
batch in its compliance calculations pursuant to Sec.  80.1240 as a
component in gasoline production during the annual averaging period in
which the PCG was included as a negative batch in the refiner's
compliance calculations.
    (vi) Any negative annual average value must be reported as zero.
    (vii) The refiner must also comply with Sec.  80.65(i) when
producing RBOB or RFG and Sec.  80.101(g)(9) when producing
conventional gasoline.
    (6) As an alternative to the sampling and testing requirements in
paragraph (a)(5) of this section, a refiner who produces gasoline by
blending blendstock into PCG may sample and test each batch of
blendstock when received at the refinery to determine the volume and
benzene content, and treat each blendstock receipt as a separate batch
for purposes of demonstrating compliance with the benzene standards in
Sec.  80.1230, and for benzene reporting.
* * * * *
0
33. Section 80.1348 is revised to read as follows:

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

    (a) Through November 29, 2014, the gasoline sample retention
requirements specified in subpart H for the gasoline sulfur provisions
apply for the purpose of complying with the requirements of this
subpart L, except that in addition to including the sulfur test result
as provided by Sec.  80.335(a)(4)(ii), the refiner, importer, or
independent laboratory shall also include with the retained sample the
test result for benzene as conducted pursuant to Sec.  80.46(e).
    (b) Beginning November 30, 2014, pursuant to Sec.  80.47, the
gasoline sample retention requirements specified in subpart O of this
part for the gasoline sulfur provisions apply for the purpose of
complying with the requirements of this subpart L, except that in
addition to including the sulfur test result as provided by Sec.
80.335(a)(4)(ii), the refiner, importer, or independent laboratory
shall also include with the retained sample the test result for benzene
as conducted pursuant to Sec.  80.46(e).
0
34. A new Sec.  80.1349 is added to subpart L to read as follows:

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

    Importers who import conventional gasoline into the United States
by truck may comply with the sampling and testing requirements in Sec.
80.101(i)(3) instead of the requirements to sample and test every batch
of gasoline under Sec.  80.1347. An importer that uses this approach
must meet the 0.62 volume percent benzene standard on a per-gallon
basis.
0
35. Section 80.1354 is amended by:
0
a. Revising paragraph (b)(2).
0
b. Revising paragraph (d)(2).

Sec.  80.1354  What are the reporting requirements for the gasoline
benzene program?

* * * * *
    (b) * * *
    (2)(i) The annual average benzene concentration, along with
identification of the test method(s) used to measure the annual average
benzene concentration, per Sec.  80.1238.
    (ii) The maximum average benzene concentration, along with
identification of the test method(s) used to measure the maximum
average benzene concentration, per Sec.  80.1240(b).
* * * * *
    (d) * * *
    (2) Submitted to EPA by March 31 each year for the prior calendar
year averaging period.
* * * * *
0
36. Section 80.1451 is amended by:
0
a. Revising paragraph (a)(1) introductory text.
0
b. Revising paragraph (f)(2).

Sec.  80.1451  What are the reporting requirements under the RFS
program?

    (a) * * *
    (1) Annual compliance reports for the previous compliance period
shall be submitted by March 31 of each year and shall include all of
the following information:
* * * * *
    (f) * * *
    (2) Quarterly reports shall be submitted by the required deadline
as shown in Table 1 to Sec.  80.1451. Any reports generated by EMTS
must be reviewed, supplemented, and/or corrected if not complete and
accurate, and verified by the owner or responsible corporate officer
prior to submittal.

                            Table 1 to Sec.   80.1451--Quarterly Reporting Deadlines
----------------------------------------------------------------------------------------------------------------
           Calendar quarter                 Time period covered                Quarterly report deadline
----------------------------------------------------------------------------------------------------------------
Quarter One..........................  January 1-March 31...........  June 1.
Quarter Two..........................  April 1-June 30..............  September 1.
Quarter Three........................  July 1-September 30..........  December 1.
Quarter Four.........................  October 1-December 31........  March 31.
----------------------------------------------------------------------------------------------------------------

* * * * *
0
37. A new subpart O is added to part 80 to read as follows:
Subpart O--Gasoline Sulfur
Sec.
80.1600 Additional definitions for subpart O.
80.1601 Fuels subject to the provisions of this subpart.
80.1602 Implementation dates for refiners and importers.
80.1603 Gasoline sulfur standards for refiners and importers.
80.1604 Gasoline sulfur standards and requirements for parties
downstream of refiners and importers.
80.1605 Deficit carry-forward for refiners and importers.
80.1606 [Reserved]
80.1607 Gasoline sulfur standards and requirements for transmix
processors and transmix blenders.
80.1608 [Reserved]
80.1609 Oxygenate blender requirements.
80.1610 Standards and requirements for producers of denatured fuel
ethanol and other oxygenates for use by gasoline oxygenate blenders.
80.1611-80.1612 [Reserved]
80.1613 Standards and other requirements for gasoline additive
manufacturers and blenders.
80.1614 [Reserved]
80.1615 Credit generation.
80.1616 Credit use and transfer.
80.1620 Small refiner definition.
80.1621 Small volume refinery definition.
80.1622 Approval for small refiner and small volume refinery status.
80.1623-80.1624 [Reserved]
80.1625 Hardship provisions.
80.1630 Sampling and testing requirements for refiners and
importers.
80.1631 Sample retention requirements.
80.1640 Standards and requirements that apply to refiners producing
gasoline by blending blendstocks into previously certified gasoline
(PCG).
80.1641 Alternative sulfur standards and requirements that apply to
importers who transport gasoline by truck.
80.1642-80.1649 [Reserved]
80.1650 Registration.
80.1651 Product transfer document requirements.
80.1652 Reporting requirements.
80.1653 Recordkeeping.
80.1654 California gasoline requirements.
80.1655 National security exemption.
80.1656 Exemptions for gasoline used for research, development, or
testing purposes.
80.1657 [Reserved]
80.1658 Requirements for gasoline for use in American Samoa, Guam,
and the Commonwealth of the Northern Mariana Islands.
80.1659 [Reserved]
80.1660 Prohibited acts.
80.1661 What evidence may be used to determine compliance with the
prohibitions and requirements of this subpart and liability for
violations of this subpart?
80.1662 Liability for violations under subpart O.
80.1663 Defenses for a violation of a prohibited act under subpart
O.
80.1664 [Reserved]
80.1665 Penalties.
80.1666 Additional requirements for foreign small refiners and
foreign small volume refineries.
80.1667 Attest engagement requirements.
80.1668-80.1674 [Reserved]
80.1675 Incorporation by reference.

Subpart O--Gasoline Sulfur

Sec.  80.1600  Additional definitions for subpart O.

    The definitions of Sec.  80.2 and the following additional
definitions apply to this subpart O:
    California gasoline means any gasoline designated by a refiner or
importer for use in California.
    Certified Sulfur-FRGAS has the meaning given in Sec.
80.1666(a)(5).
    Foreign refiner is a person who meets the definition of refiner
under Sec.  80.2(i) for a foreign refinery.
    Foreign refinery means a refinery that is located outside the
United States, the Commonwealth of Puerto Rico, the Virgin Islands,
Guam, American Samoa, and the Commonwealth of the Northern Mariana
Islands (collectively referred to in this subpart as ``the United
States'').
    Non-Certified Sulfur-FRGAS has the meaning given in Sec.
80.1666(a)(6).
    Non-Sulfur-FRGAS has the meaning given in Sec.  80.1666(a)(4).
    Sulfur-FRGAS has the meaning given in Sec.  80.1666(a)(3).
    Transmix has the meaning given at Sec.  80.84(a)(2).
    Transmix blender has the meaning given at Sec.  80.84(a)(7).
    Transmix gasoline product (TGP) has the meaning given at Sec.
80.84(a)(3).
    Transmix processing facility has the meaning given at Sec.
80.84(a)(4).
    Transmix processor has the meaning given at Sec.  80.84(a)(5).

Sec.  80.1601  Fuels subject to the provisions of this subpart.

    (a) For the purposes of this subpart, the following fuels are
subject to the

standards and requirements of this subpart:
    (1) Reformulated and conventional gasoline and RBOB, and CBOB
(collectively called ``gasoline'' unless otherwise specified).
    (2) Any blendstock (not including oxygenates) blended with PCG, as
defined in Sec.  80.2(d), subject to the provisions of Sec.  80.1640.
    (3) Oxygenates blended with gasoline, RBOB, or CBOB.
    (b) For the purposes of this subpart, the following fuels are not
subject to the standards and requirements of this subpart:
    (1) Gasoline that is used to fuel aircraft, racing vehicles or
racing boats that are used only in sanctioned racing events, provided
that:
    (i) Product transfer documents associated with such gasoline, and
any pump stand from which such gasoline is dispensed, identify the
gasoline either as gasoline that is restricted for use in aircraft, or
as gasoline that is restricted for use in racing motor vehicles or
racing boats that are used only in sanctioned racing events;
    (ii) The gasoline is completely segregated from all other gasoline
throughout production, distribution and sale to the ultimate consumer;
and
    (iii) The gasoline is not made available for use as motor vehicle
gasoline, or dispensed for use in motor vehicles, except for motor
vehicles used only in sanctioned racing events.
    (2) California gasoline as defined in Sec.  80.1600 subject to the
provisions of Sec.  80.1654.
    (3) Gasoline that is exported for sale and use outside the U.S.
    (4) Exempt fuels under Sec. Sec.  80.1655 (national security
exemptions), 80.1656 (gasoline used for research, development, or
testing purposes), and 80.1658 (gasoline used in American Samoa, Guam,
and the Northern Mariana Islands).

Sec.  80.1602  Implementation dates for refiners and importers.

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

Sec.  80.1603  Gasoline sulfur standards for refiners and importers.

    (a) Sulfur standards. (1) Annual average standard. (i) The refinery
or importer annual average gasoline sulfur standard is 10.00 parts per
million (ppm) or milligrams per kilogram (mg/kg), except as provided in
paragraph (a)(1)(iii) of this section.
    (ii) The averaging period is a calendar year (January 1 through
December 31).
    (iii) The refinery or importer annual average gasoline sulfur
standard is the maximum average sulfur level allowed for gasoline
produced at a refinery or imported by an importer during each calendar
year beginning January 1, 2017, except as provided by the following:
    (A) The credit use provisions of Sec.  80.1616.
    (B) Beginning January 1, 2020, for small refiners and small volume
refineries approved pursuant to the provisions of Sec.  80.1622. Small
refiners and small volume refineries will continue to be subject to the
provisions of subpart H through December 31, 2019 (or until compliance
with this subpart O begins).
    (C) Fuels not subject to the standards and requirements of this
subpart O as specified in Sec.  80.1601(b).
    (iv) The annual average sulfur level is calculated in accordance
with paragraph (c) of this section.
    (2) Per-gallon cap standard. (i) The refinery or importer per-
gallon cap standard is 80 ppm, on a per-gallon basis except as
otherwise provided by this section.
    (ii) The per-gallon cap of paragraph (a)(2)(i) of this section is
the maximum sulfur level allowed for any batch of gasoline produced at
a refinery or imported by an importer beginning January 1, 2017, except
for fuels not subject to the standards and requirements of this subpart
O as specified in Sec.  80.1601(b).
    (3) The refinery or importer annual average gasoline sulfur
standard may be met using credits as provided under Sec.  80.1616.
Credits cannot be used to meet the applicable per-gallon standard.
    (b) [Reserved]
    (c) Calculation of the annual average sulfur level. (1) The annual
refinery or importer average gasoline sulfur level is calculated as
follows:
[GRAPHIC] [TIFF OMITTED] TP21MY13.006

Where:

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

    (2) The annual average sulfur level calculation in paragraph (c)(1)
of this section shall be conducted to two decimal places using the
rounding procedure specified in Sec.  80.9.
    (d) Oxygenate added downstream from the refinery or import
facility. A refiner or importer may include oxygenate added downstream
from the refinery or import facility when calculating the sulfur
content, provided the following requirements are met:
    (1) For oxygenate added to conventional gasoline or CBOB, the
refiner or importer must comply with the requirements of Sec.
80.101(d)(4)(ii), except that the sulfur content and volume of the
oxygenate shall be determined in accordance with paragraph (d)(3) of
this section.
    (2) For oxygenate added to RBOB, the refiner or importer must
comply with the requirements of Sec.  80.69(a), except that the sulfur
content and volume of the oxygenate shall be determined in accordance
with paragraph (d)(3) of this section.
    (3) Where oxygenate added downstream from the refinery or import
facility is included in calculating the sulfur content under this
paragraph (d):
    (i) The refiner or importer must separately test any RBOB or CBOB
for sulfur content and use that test result in calculating the sulfur
content of the RFG or conventional gasoline and calculate the effect of
downstream added ethanol by using the assumptions in paragraphs
(d)(3)(ii) and (iii) of this section. The reported volume of the batch
is the combined volume of the RBOB or CBOB and the downstream added
oxygenate.
    (ii) For RBOB, the sulfur test result obtained from testing a hand
blend under the terms of Sec.  80.69(a) shall not be used for sulfur
reporting purposes.
    (iii) The refiner or importer must use an assumed sulfur content of
10.00 ppm for the oxygenate added downstream.
    (iv) For ethanol added downstream, the refiner or importer
calculations shall assume that 10.00 volume percent ethanol is added to
the RBOB unless some lesser amount of ethanol is actually blended.
    (v) RBOB, CBOB, and conventional gasoline must meet the per-gallon
sulfur standard of paragraph (a)(2) of this section prior to
calculating any dilution from the oxygenate added downstream.
    (4) On any occasion where any person downstream of the refinery or
importer that produced or imported previously certified gasoline, CBOB
or RBOB adds

oxygenate to such product, it shall not include the volume and sulfur
content of the oxygenate in any compliance calculations or for credit
generation under this subpart O.
    (e) Exclusions. Refiners and importers must exclude from compliance
calculations all of the following:
    (1) Gasoline that was not produced at the refinery or imported by
the importer.
    (2) In the case of an importer, gasoline that was imported as
Certified Sulfur-FRGAS.
    (3) Blendstocks transferred to others, except RBOB and CBOB as
provided in this subpart O.
    (4) PCG.
    (5) Gasoline exempted from standards under Sec.  80.1601(b).
    (f) Compliance calculation for the annual average sulfur standard.
(1) Compliance by a refinery or importer with the gasoline sulfur
annual average standard at paragraph (a)(1) of this section is achieved
if, for calendar year y, CSVy<= (Vyx 10), as
determined by the following equation:

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

Where:

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

    (2) Sulfur credits used in the calculation specified in paragraph
(f)(1) of this section must be used in accordance with the requirements
at Sec.  80.1616.
    (3) Compliance with the gasoline sulfur annual average standard at
paragraph (a)(1) of this section is not achieved, and a deficit is
created per Sec.  80.1605, if for calendar year y, CSVy>
(Vy x 10). The deficit value to be included in the following
year's compliance calculation per paragraph (f) of this section is
calculated as follows:

Dy = CSVy-(Vy x 10y)

Where:
Dy = Sulfur deficit created in compliance period y, in
ppm-gallons.

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

    (a) The sulfur standard for gasoline at any downstream location
shall be determined in accordance with the provisions of this section.
A downstream location is any point in the gasoline distribution system
downstream from refineries and import facilities, including, but not
limited to, facilities of any of the following parties:
    (1) Distributors.
    (2) Carriers.
    (3) Oxygenate blenders.
    (4) Retailers.
    (5) Wholesale purchaser-consumers.
    (b) Except as otherwise provided in this subpart O, the sulfur
content of gasoline at any downstream location shall not exceed 95 ppm,
on a per-gallon basis, beginning January 1, 2017.

Sec.  80.1605  Deficit carry-forward for refiners and importers.

    (a) Deficit carry-forward. (1) A refiner or importer may exceed the
annual average sulfur standard for a given calendar year, creating a
compliance deficit, provided that the requirements of paragraph (a)(2)
of this section are met.
    (2) When a compliance deficit is created per paragraph (a)(1) of
this section, in the calendar year following the year the standard is
not met, the refinery or importer must:
    (i) Achieve compliance with the annual average sulfur standard in
Sec.  80.1603(a)(1); and
    (ii) Use additional sulfur credits sufficient to offset the
compliance deficit of the previous year.
    (b) The compliance deficit value shall be calculated in accordance
with Sec.  80.1603(f)(3).

Sec.  80.1606  [Reserved]

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

    Transmix processors and transmix blenders may comply with the
following requirements instead of the requirements and standards
otherwise applicable to a refiner under this subpart O.
    (a) Any transmix processor who recovers transmix gasoline product
(TGP) from transmix through transmix processing under Sec.  80.84(c)
must show through sampling and testing (using the methods in Sec.
80.1630) that the TGP meets the applicable sulfur standards under Sec.
80.1604(b), prior to the TGP leaving the transmix processing facility.
    (b) The sampling and testing required under paragraph (a) of this
section shall be conducted following each occasion TGP is produced.
    (c) Any transmix processor who produces gasoline by adding
blendstock to TGP must, for such blendstock, comply with all
requirements and standards that apply to a refiner under this subpart
O, and must meet the applicable downstream sulfur standards under Sec.
80.1604 for the gasoline produced by blending blendstock and TGP, prior
to the gasoline leaving the transmix processing facility.
    (d) Any transmix processor who produces gasoline by blending
blendstock into TGP must meet the sampling and testing requirements of
this subpart O through either of the methods provided in paragraph
(d)(1) of this section or through the alternative method provided in
paragraph (d)(2) of this section.
    (1)(i) Sample and test the blendstock when received at the transmix
processing facility, using the methods specified in Sec.  80.1630, to
determine the volume and sulfur content, and treat each volume of
blendstock that is blended into a volume of TGP as a separate batch for
purposes of calculating and reporting compliance with the applicable
annual average and per-gallon cap sulfur standards in Sec.  80.1603.
    (ii) Use sulfur test results of the blendstock supplier provided
that all the following requirements are met:
    (A) Sampling and testing by the blendstock supplier is performed
using the methods specified in Sec.  80.1630.
    (B) Testing for the sulfur content of the blendstock in the
supplier's storage tank must be conducted following the last receipt of
blendstock into the supplier's storage tank that supplies the transmix
processor.
    (C) The transmix processor must obtain a copy of the blendstock
supplier's test results, reflecting the sulfur content of each load of
blendstock supplied to the transmix processor, at the time of each
transfer of blendstock to the transmix processor.
    (D) The transmix processor must conduct a quality assurance program
of sampling and testing for each blendstock supplier. The frequency of
blendstock sampling and testing must be one sample for every 500,000
gallons of blendstock received or one sample every 3 months, whichever
results in more frequent sampling.
    (iii) If any of the requirements of paragraph (d)(1)(ii) of this
section are not met, in whole or in part, for any blendstock blended
into TGP, that blendstock is deemed in violation of the gasoline sulfur
standards of this subpart O.
    (2) As an alternative to the sampling and testing procedures
described in paragraph (d)(1) of this section, the following procedures
may be used:
    (i) Sample and test each batch of TGP and determine the volume of
the TGP.
    (ii) Sample and test the gasoline produced by blending blendstock
into TGP, and determine its volume.

    (iii) Calculate the sulfur content and the volume of the batch by
subtracting the volume and sulfur content of the TGP from the volume
and sulfur content of the gasoline after blendstock blending. For
purposes of compliance and reporting, the sulfur content shall be the
calculated volume and sulfur content of the blendstock, and the
applicable standards shall be the average and cap standards in Sec.
80.1603. The applicable cap standard of the gasoline blend shall be the
cap standard under Sec.  80.1604.
    (iv) Tests shall be performed using the methods specified in Sec.
80.1630, to determine the sulfur content of the batch.
    (v) The sulfur content of each batch of gasoline produced by
blending blendstock into TGP must be no greater than the downstream
sulfur standard under Sec.  80.1604 applicable to the designation of
the TGP.
    (e) Any transmix blender who produces gasoline by blending
transmix, or mixtures of gasoline and distillate fuel described in
Sec.  80.84(e), into previously certified gasoline under Sec.  80.84(d)
must meet the applicable downstream sulfur standards under Sec.
80.1604 for the gasoline produced by blending transmix and previously
certified gasoline and the endpoint standard specified in Sec.  80.84.
    (f) Any transmix processor or transmix blender who adds any
feedstock to its transmix other than gasoline, distillate fuel, or
gasoline blendstocks from pipeline interface must meet all requirements
and standards that apply to a refiner under this subpart O for all
gasoline it produces during a compliance period.

Sec.  80.1608  [Reserved]

Sec.  80.1609  Oxygenate blender requirements.

    (a) Oxygenate blenders who blend only oxygenate that complies with
the requirements of paragraph (b) of this section into gasoline
downstream of the refinery that produced the gasoline or the import
facility where the gasoline was imported are not subject to the refiner
or importer requirements of this subpart for such gasoline. Such
oxygenate blenders are subject to the requirements of paragraph (b) of
this section, the requirements and prohibitions applicable to
downstream parties, the requirements of Sec.  80.1603(d)(4), and the
prohibition specified in Sec.  80.1660(e).
    (b) Beginning March 1, 2017, the DFE or other oxygenate used must
comply with the requirements of Sec.  80.1610. Prior to March 1, 2017,
DFE is subject to the sulfur requirements of Sec.  80.385(e).

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

    Beginning January 1, 2017, producers of denatured fuel ethanol
(DFE) or other oxygenates for use by oxygenate blenders under Sec.
80.1609 must comply with the following requirements:
    (a) Standards. (1) The sulfur content must not be greater than 10
ppm as determined in accordance with the test requirements of Sec.
80.1630.
    (2) The DFE or other oxygenate must be composed solely of carbon,
hydrogen, nitrogen, oxygen and sulfur.
    (3) In the case of DFE, only gasoline, RBOB, CBOB, or natural gas
liquids may be used as denaturants.
    (4) The concentration of all denaturants used in DFE is limited to
a maximum of 2. volume percent.
    (b) Registration. Unless registered under Sec.  80.1450, the
producer of DFE or other oxygenate must register with EPA pursuant to
the requirements of Sec.  80.1650.
    (c) PTDs. The producer of DFE or other oxygenate must initiate a
PTD for each batch of DFE or other oxygenate that it ships from its
facility which contains the statement in either paragraph (c)(1) or
(c)(2) of this section, as applicable.
    (1) For DFE, ``Meets EPA standards for denatured fuel ethanol for
use in gasoline''; or
    (2) For oxygenates other than DFE, ``Meets EPA standards for motor
fuel oxygenates for use in gasoline''
    (3) PTDs that are complaint with the requirements in paragraph (c)
of this section must be transferred from each party transferring
oxygenate to each party that receives oxygenate through to the
oxygenate blender.
    (d) Batch numbers. Every batch of oxygenate produced or imported at
oxygenate production or import facility shall be assigned a number (the
``batch number''), consisting of the EPA-assigned oxygenate producer or
importer registration number, the EPA facility registration number, the
last two digits of the year in which the batch was produced, and a
unique number for the batch, beginning with the number one for the
first batch produced or imported each calendar year and each subsequent
batch during the calendar year being assigned the next sequential
number (e.g., 4321-54321-95-000001, 4321-543321-95-000002, etc.)

Sec. Sec.  80.1611-80.1612   [Reserved]

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

    Gasoline additive manufacturers and blenders must meet the
following requirements:
    (a) Gasoline additive manufacturers, as defined in 40 CFR 79.2(f),
must meet the following requirements:
    (1)(i) Except as otherwise provided, this section applies to any
additive, as defined in 40 CFR 79.2(e), manufactured for use in
gasoline that is not an oxygenate compound, and that is sold for use at
a concentration of less than 1.0% by volume.
    (ii) Oxygenate compound additives subject to the 10 ppm per-gallon
sulfur standard and the requirements of Sec.  80.1610 are not subject
to the provisions of this section except for the provisions of
paragraph (b)(1) of this section.
    (2) The additive must contribute no more than 3 ppm on a per gallon
basis to the sulfur content of gasoline when used at the maximum
recommended treatment rate.
    (3) The additive manufacturer must maintain records of its additive
production quality control activities which demonstrates that the
sulfur content of additive production batches complies with the sulfur
requirement in paragraph (a)(1) of this section and make these records
available upon request.
    (4) The maximum treatment rate on the product transfer document for
the additive must state all the following:
    (i) The maximum registered concentration.
    (ii) The maximum allowed treatment rate which corresponds to the
maximum registered concentration. The maximum allowed concentration
must comply with the requirements in paragraph (a)(2) of this section.
    (b) The following provisions apply to parties who are downstream of
the gasoline refiner or importer and who blend additives to gasoline,
RBOB or CBOB and who are not refiners.
    (1) On any occasion where the additive blender is solely acting as
an oxygenate blender, as defined in Sec.  80.2(mm), it is subject to
the prohibition in Sec.  80.1660(e) and the downstream gasoline sulfur
standard of Sec.  80.1604(b).
    (2) On any occasion where an additive blender blends an additive
(subject to the requirements of Sec.  80.1613(a)) at a concentration of
less than 1.0% by volume, it is subject to the prohibition in Sec.
80.1660(f) and the downstream gasoline sulfur standard of Sec.
80.1604(b).

    (3) On any occasion where an additive blender blends an additive at
a concentration of 1.0% by volume or greater, it is a fuel manufacturer
as defined in 40 CFR 79.2(d), and is subject to all the provisions that
apply to refiners under this subpart O.

Sec.  80.1614  [Reserved]

Sec.  80.1615  Credit generation.

    (a) Who may generate credits? Credits may be generated under this
subpart O, as provided in paragraphs (b), (c), and (d) of this section,
by the following entities:
    (1) U.S. refiners, including small refiners under Sec.  80.1620,
and refiners owning small volume refineries under Sec.  80.1621.
Foreign refiners may not generate credits.
    (2) Importers.
    (b) Early credit generation--January 1, 2014 through December 31,
2016. (1) Early credits may be generated for gasoline produced or
imported from January 1, 2014 through December 31, 2016, by a refiner,
including small refiners and owners of small volume refineries approved
pursuant to Sec.  80.1622, and importers.
    (2) A refiner or importer may generate early credits for gasoline
it produces at a refinery or imports during an annual averaging period
when its annual average sulfur level, calculated in accordance with the
provisions of Sec.  80.1603(c), is less than 30 ppm.
    (3)(i) The number of early credits generated shall be calculated
annually for each applicable averaging period according to the
following equation:

ECa = [Va x (30-S a)]-CRa

Where:

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

    (ii) No credits shall be generated unless the value of
ECa is positive.
    (iii) The value of ECa shall be rounded to the nearest
ppm-gallon in accordance with the rounding procedure specified in Sec.
80.9.
    (4) A refiner or importer may include any downstream added
oxygenates included in its RFG or conventional gasoline volume under
the provisions of Sec. Sec.  80.69 and 80.101(d)(4), respectively, for
the purpose of generating credits.
    (5) All, some, or no credits generated during the time period
specified in paragraph (b)(1) of this section must be designated as
subject to the requirements of subpart H of this part. Any remaining
credits must be designated as subject to the requirements of this
subpart O.
    (c) Standard credit generation--beginning January 1, 2017. (1)
Refiners, including small refiners and owners of small volume
refineries approved pursuant to Sec.  80.1622, and importers may
generate standard credits for the gasoline produced at a refinery or
imported during an annual averaging period when the annual average
sulfur level of the refiner, refinery or importer, as applicable, and
as calculated in accordance with the provisions of Sec.  80.1603(c), is
less than 10 ppm.
    (2)(i) The number of standard credits generated shall be calculated
annually for each applicable averaging period according to the
following equation:

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

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

    (ii) No credits shall be generated unless the value of
SCa is positive.
    (iii) The value of SCa shall be rounded to the nearest
ppm-gallon in accordance with the rounding procedure specified in Sec.
80.9.
    (3) A refiner or importer may include any downstream added
oxygenates included in its RFG or conventional gasoline volume under
the provisions of Sec. Sec.  80.69 and 80.101(d)(4), respectively, for
the purpose of generating credits.
    (4) Prior to January 1, 2020, credits generated under this
paragraph (c) by small refiners and owners of small volume refineries
per paragraph (c)(1) of this section must be designated as subject to
the requirements of subpart H of this part. Any remaining credits must
be designated as subject to the requirements of this subpart O.

Sec.  80.1616  Credit use and transfer.

    (a) Credit use. (1) Credits may be used to meet the applicable
annual average sulfur standards of Sec.  80.1603(a)(1).
    (2) Credits must have been generated pursuant to the requirements
of Sec.  80.1615.
    (3) Only obligated parties under this subpart O may generate, use,
transfer or own credits generated under this subpart O.
    (4) Credit life--Early Credits. (i) Early credits generated under
Sec.  80.1615(b) are valid for use for the 2017 through 2019 compliance
years. All early credits will expire and become invalid after February
29, 2020, when the 2019 annual compliance report is due.
    (ii) Early credits may be used for compliance with the annual
average sulfur standard of Sec.  80.1603(a)(1) by refiners and
importers.
    (5) Credit life--Standard Credits. (i) Standard credits generated
under Sec.  80.1615(c) are valid for use for five years from the year
in which they are generated. For example, standard credits generated in
2017 may be used for compliance through the 2022 compliance period
(they would expire and become invalid after February 28, 2023, the 2022
annual compliance report due date).
    (ii) Standard credits may be used for compliance with the annual
average sulfur standard of Sec.  80.1603(a)(1) by refiners and
importers.
    (6) A refiner or importer possessing credits must use all credits
prior to falling into a compliance deficit.
    (7) In no case may a credit be transferred more than twice before
being used or terminated.
    (b) Credit transfers. (1) Credits obtained from other obligated
parties may be used to meet the annual average standards of this
subpart O, if all of the following conditions are met:
    (i) The credits are generated and reported according to the
requirements of this subpart O.
    (ii) The credits are used in compliance with the limitations
regarding the appropriate periods for credit use pursuant to paragraph
(a) of this section.
    (iii) Any credit transfer takes place no later than February 28
following the calendar year averaging period when the credits are used.
    (iv) The credit has not been transferred more than twice. The first
transfer by the refiner or importer who generated the credit may only
be made to a refiner or importer who intends to use the credit; if the
transferee cannot use the credit, it may make the second, and final,
transfer only to a refiner or importer who intends to use the credit.

    (v) The credit transferor must apply any credits necessary to meet
the transferor's applicable average standard before transferring
credits to any other refiner or importer.
    (vi) The credit transferor does not create a negative credit
balance as a result of the credit transfer.
    (vii) Each transferor must supply to the transferee records
indicating all of the following:
    (A) The years the credits were generated.
    (B) The identity of the refiner or importer who generated the
credits.
    (C) The identity of the transferring party (if it is not the same
party that generated the credits).
    (2) In the case of credits that have been calculated or created
improperly, or are otherwise determined to be invalid, all of the
following provisions apply:
    (i) Invalid credits cannot be used to achieve compliance with the
transferee's averaging standard, regardless of the transferee's good
faith belief that the credits were valid.
    (ii) The refiner or importer who used the credits, and any
transferor of the credits, must adjust their credit records and reports
and sulfur calculations as necessary to reflect the proper credits.
    (iii) Any properly created credits existing in the transferor's
credit balance after correcting the credit balance, and after the
transferor applies credits as needed to meet the average standard at
the end of the compliance year, must first be applied to correct the
invalid transfers before the transferor trades or banks the credits.

Sec.  80.1620  Small refiner definition.

    (a) For the purposes of this subpart O, a gasoline small refiner is
defined as any refiner who meets all of the following criteria and has
been approved by EPA as a small refiner per Sec.  80.1622:
    (1) Produces gasoline at its refineries by processing crude oil
through refinery processing units.
    (2) Employed an average of no more than 1,500 people, based on the
average number of employees for all pay periods for calendar year 2011
for all subsidiary companies, all parent companies, all subsidiaries of
the parent companies, and all joint venture partners.
    (3) Had a corporate-average crude oil capacity less than or equal
to 155,000 barrels per calendar day (bpcd) for 2011.
    (b) For the purposes of this section, the term ``refiner'' shall
include foreign refiners.
    (c) The number of employees and crude oil capacity under paragraph
(a) of this section shall be determined as follows:
    (1) The refiner shall include the employees and crude oil capacity
of any subsidiary companies, any parent company and subsidiaries of the
parent company in which the parent has 50 percent or greater ownership,
and any joint venture partners.
    (2) For any refiner owned by a governmental entity, the number of
employees and total crude oil capacity as specified in paragraph (a) of
this section shall include all employees and crude oil production of
the government to which the governmental entity is a part.
    (d) Notwithstanding the provisions of paragraphs (a) and (e)(1) of
this section, a refiner that acquires or reactivates a refinery that
was shut down or non-operational during calendar year 2011, may apply
for small refiner status under this subpart O.
    (e) The following are ineligible for small refiner provisions under
this subpart:
    (1) Refiners with refineries built or started up on or after
January 1, 2011.
    (2) Persons who exceed the employee or crude oil capacity criteria
under this section on January 1, 2011, but who meet these criteria
after that date, regardless of whether the reduction in employees or
crude oil capacity is due to operational changes at the refinery or a
company sale or reorganization.
    (3) Importers.
    (4) Refiners who produce gasoline other than by processing crude
oil through refinery processing units.
    (f)(1) A refiner approved as a small refiner under Sec.  80.1622
who subsequently ceases production of gasoline from processing crude
oil through refinery processing units, employs more than 1,500 people,
or exceeds the 155,000 bpcd crude oil capacity limit after January 1,
2011 as a result of merger with or acquisition of or by another entity,
is disqualified as a small refiner, except as provided for under
paragraph (f)(4) of this section. If such disqualification occurs, the
refiner shall notify EPA in writing no later than 20 days following the
disqualifying event.
    (2) Except as provided under paragraph (f)(3) of this section, any
refiner whose status changes under this paragraph (f) shall meet the
applicable standards of Sec.  80.1603 within a period of up to 30
months from the disqualifying event for any of its refineries that were
previously subject to the small refiner standards of Sec.  80.1623.
    (3) A refiner may apply to EPA for up to an additional six months
to comply with the standards of Sec.  80.1603 if more than 30 months
would be required for the necessary engineering, permitting,
construction, and start-up work to be completed. Such applications must
include detailed technical information supporting the need for
additional time. EPA will base a decision to approve additional time on
information provided by the refiner and on other relevant information.
    (4) Disqualification under this paragraph (f) of this section shall
not apply in the case of a merger between two previously approved small
refiners.
    (5) If a refiner receives a delay per paragraphs (f)(2) and/or
(f)(3) of this section, the refiner may not generate gasoline sulfur
credits under this subpart O during that 30 or 36 month period.
    (6) All written notifications to EPA should be submitted to the
addresses listed in Sec.  80.1622.

Sec.  80.1621  Small volume refinery definition.

    (a) For the purposes of this subpart O, a gasoline small volume
refinery is defined as any refinery that meets all of the following
criteria, and has been approved by EPA as a small volume refinery per
Sec.  80.1622:
    (1) Produces gasoline by processing crude oil through refinery
processing units.
    (2) The average aggregate daily crude oil throughput, including
feedstocks derived from crude oil, for the calendar year 2011 (as
determined by dividing the aggregate throughput for the calendar year
by the number of days in the calendar year) does not exceed 75,000
barrels. Throughput means the total crude oil feedstock input into the
refinery less volumes injected into the crude oil supply after refinery
processing.
    (b) The following are ineligible for the small volume refinery
provisions under this subpart:
    (1) Refineries built or started up on or after January 1, 2012.
    (2) Persons who exceed the crude oil throughput under this section
for calendar year 2011 but who meet these criteria after that date,
regardless of whether the reduction in crude oil capacity is due to
operational changes at the refinery or a company sale or
reorganization.
    (3) Importers.
    (4) Refineries that produce gasoline other than by processing crude
oil through refinery processing units.

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

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

    (b) To qualify for small refiner status under this subpart a
refiner must submit an application to EPA containing all of the
following information for the refiner and for all subsidiary companies,
all parent companies, all subsidiaries of the parent companies, and all
joint venture partners:
    (1)(i) A listing of the name and address of all company locations
for the period January 1, 2011 through December 31, 2011.
    (ii) The average number of employees at each location, based on the
number of employees for each pay period for the period January 1, 2011
through December 31, 2011.
    (iii) The type of business activities carried out at each location.
    (iv) For joint ventures, the total number of employees includes the
combined employee count of all corporate entities in the venture.
    (v) For government-owned refiners, the total employee count
includes all government employees.
    (2)(i) The total corporate crude oil capacity of each refinery as
reported to the Energy Information Administration (EIA) of the U.S.
Department of Energy (DOE), for the period January 1, 2011 through
December 31, 2011. The information submitted to EIA is presumed to be
correct. In cases where a company disagrees with this information, the
company may petition EPA with appropriate data to correct the record
when the company submits its application.
    (ii) Foreign small refiners applying for approval under this
section must send the total corporate crude oil capacity of each
refinery for the period January 1, 2011 through December 31, 2011, to
one of the addresses listed in paragraph (g) of this section.
    (3) The application must be signed by the president, chief
operating or chief executive officer of the company, or his/her
designee, stating that the information is true to the best of his/her
knowledge, and that the company owned the refinery as of December 31,
2011.
    (4) Name, address, phone number, facsimile number, and email
address of a corporate contact person.
    (c) To qualify for small volume refinery status under this subpart,
a refiner must submit an application to EPA containing all of the
following information for the refinery, or refineries, for which the
refiner is applying for small volume refinery status:
    (1) A listing of the name and address of each small volume refinery
owned by the company.
    (2)(i) The total crude throughput of each small volume refinery,
defined as the total crude oil feedstock input into the refinery less
the volumes injected into the crude oil supply after refinery
processing, as reported to EIA, for the period January 1, 2011 through
December 31, 2011. The information submitted to EIA is presumed to be
correct. In cases where a company disagrees with this information, the
company may petition EPA with appropriate data to correct the record
when the company submits its application.
    (ii) Foreign refiners applying for small volume refinery approval
under this section must send the total crude throughput of each small
volume refinery, defined as the total crude oil feedstock input into
the refinery less the volumes injected into the crude oil supply after
refinery processing of each refinery for the period January 1, 2011
through December 31, 2011, to one of the addresses listed in paragraph
(g) of this section.
    (3) The application must be signed by the president, chief
operating or chief executive officer of the company, or his/her
designee, stating that the information is true to the best of his/her
knowledge, and that the company owned the refinery as of December 31,
2011.
    (4) Name, address, phone number, facsimile number, and email
address of a corporate contact person.
    (d) For foreign refiners, the small refiner or small volume
refinery status application must contain all of the elements required
in paragraph (b) or (c) of this section, as applicable, must
demonstrate compliance with Sec.  80.1620, and must be submitted by
March 31, 2014 to one of the addresses listed in paragraph (g) of this
section.
    (e) A refiner who qualifies as a small refiner or small volume
refinery under this subpart and subsequently fails to meet all of the
qualifying criteria as set out in Sec. Sec.  80.1620 and 80.1621 will
be disqualified pursuant to Sec.  80.1620(f) or Sec.  80.1621(d).
    (1) In the event such disqualification occurs, the refiner shall
notify EPA in writing no later than 20 days following the disqualifying
event.
    (2) Disqualification under this paragraph (e) shall not apply in
the case of a merger between two approved small refiners.
    (3) Any refiner that acquires a refinery from another refiner with
approved small refiner or small volume refinery status under this
subpart shall notify EPA in writing no later than 20 days following the
acquisition.
    (f) If EPA finds that a refiner provided false or inaccurate
information in its small refiner status or small volume refinery status
application under this subpart, the refiner's small refiner or small
volume refinery status will be void as of the effective date of this
subpart.
    (g) Small refiner and small volume refinery status applications,
and any other correspondence required by this section, Sec.  80.1620,
and/or Sec.  80.1621 shall be sent to one of the following addresses:
    (1) For U.S. Mail: U.S. EPA--Attn: Tier 3 Program (Small Refiner/
Small Volume Refinery), 6406J, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460.
    (2) For overnight or courier services: U.S. EPA, Attn: Tier 3
Program (Small Refiner/Small Volume Refinery), 6406J, 1310 L Street
NW., 6th floor, Washington, DC 20005.

Sec. Sec. -80.1623  80.1624 [Reserved]

Sec.  80.1625  Hardship provisions.

    EPA may, at its discretion, grant a refiner of gasoline that
processes crude oil through refinery processing units, for one or more
of its refineries, temporary relief from some or all of the provisions
of this subpart.
    (a) Extreme hardship circumstances. (1) EPA may, at its discretion,
grant a refiner of gasoline that processes crude oil through refinery
processing units, for one or more of its refineries, temporary relief
from some or all of the provisions of this subpart. EPA may grant such
relief provided that the refiner demonstrates all of the following:
    (i) Unusual circumstances exist that impose extreme hardship and
significantly affect the refiner's ability to comply by the applicable
date.
    (ii) It has made best efforts to comply with the requirements of
this subpart.
    (2) The application must specify the factors that demonstrate a
significant economic hardship and must provide a detailed discussion
regarding the inability of the refinery to produce gasoline meeting the
requirements of Sec.  80.1603. Such an application must include, at a
minimum, all of the following information:
    (i) Documentation of efforts made to obtain necessary financing,
including all the following:
    (A) Copies of loan applications for the necessary financing of the
construction of appropriate sulfur reduction technology and other
equipment procurements or improvements.
    (B) If financing has been disapproved or is otherwise unsuccessful,
documents supporting the basis for that disapproval

and evidence of efforts to pursue other means of financing.
    (ii) A detailed analysis of the reasons the refinery is unable to
produce gasoline meeting the standards of this subpart O in 2017,
including costs, specification of equipment still needed, potential
equipment suppliers, and efforts already completed to obtain the
necessary equipment.
    (iii) If unavailability of equipment is part of the reason for the
inability to comply, a discussion of other options considered, and the
reasons these other options are not feasible.
    (iv) If relevant, a demonstration that a needed or lower cost
technology is immediately unavailable, but will be available in the
near future, and full information regarding when and from what sources
it will be available.
    (v) Schematic drawings of the refinery configuration as of January
1, 2011, and as of the date of the hardship extension application, and
any planned future additions or changes.
    (vi) If relevant, a demonstration that a temporary unavailability
exists of engineering or construction resources necessary for design or
installation of the needed equipment.
    (vii) A detailed analysis of the reasons the refinery is unable to
use credits to meet the gasoline standards of this subpart O, including
all avenues pursued to generate and/or procure credits, their cost, and
ability to finance them.
    (viii) A discussion of any sulfur reductions that can be achieved
from current levels.
    (ix) The date the refiner anticipates compliance with the standards
in Sec.  80.1603 can be achieved at its refinery.
    (x) An analysis of the economic impact of compliance on the
refiner's business (including financial statements from the last 5
years, or for any time period up to 10 years, at EPA's request).
    (xi) Any other information regarding other strategies considered,
including strategies or components of strategies that do not involve
installation of equipment, and why meeting the standards in Sec.
80.1603 beginning in 2017 (or 2020 for approved small refiners and
small volume refineries) is infeasible.
    (3) Hardship applications under this paragraph (a) must be
submitted to EPA by March 31, 2014 to one of the addresses listed in
paragraph (d) of this section.
    (b) Extreme unforeseen circumstances hardship. (1) In appropriate
extreme, unusual, and unforeseen circumstances (for example, natural
disaster or refinery fire) which are clearly outside the control of the
refiner or importer and which could not have been avoided by the
exercise of prudence, diligence, and due care, EPA may permit a refiner
or importer, for a brief period, to distribute gasoline which does not
meet the requirements of this subpart for all of the following reasons:
    (i) It is in the public interest to do so (e.g., distribution of
the nonconforming gasoline is necessary to meet projected shortfalls
which cannot otherwise be compensated for).
    (ii) The refiner or importer exercised prudent planning and was not
able to avoid the violation and has taken all reasonable steps to
minimize the extent of the nonconformity.
    (iii) The refiner or importer can show how the requirements for
making compliant gasoline, and/or purchasing credits to partially or
completely offset the nonconformity, will be expeditiously achieved.
    (iv) The refiner or importer agrees to make up any air quality
detriment associated with the nonconforming gasoline, where
practicable.
    (v) The refiner or importer pays to the U.S. Treasury an amount
equal to the economic benefit of the nonconformity minus the amount
expended pursuant to paragraph (b)(1)(iv) of this section, in making up
the air quality detriment.
    (2) The hardship application must meet all other applicable
requirements of this section, except paragraph (a) of this section.
    (c) The hardship extension application must contain a letter signed
by the president or the chief operating officer or chief executive
officer of the company, or his/her designee, stating that the
information contained in the application is true to the best of his/her
knowledge.
    (d) Hardship applications under this section must be submitted in
writing to one of the following addresses:
    (1) For U.S. Mail: U.S. EPA--Attn: Tier 3 Program (Hardship
Application), 6406J, 1200 Pennsylvania Avenue NW., Washington, DC
20460.
    (2) For overnight or courier services: U.S. EPA, Attn: Tier 3
Program (Hardship Application), 6406J, 1310 L Street NW., 6th floor,
Washington, DC 20005.

Sec.  80.1630  Sampling and testing requirements for refiners and
importers.

    (a) Sample and test each batch of gasoline. (1) Refiners and
importers shall collect a representative sample from each batch of
gasoline produced or imported and test each sample to determine its
sulfur content for compliance with requirements under this subpart
prior to the gasoline leaving the refinery or import facility, using
the sampling and testing methods provided in this section or Sec. Sec.
80.8 (sampling) and 80.47 (testing).
    (2) Except as provided in paragraph (a)(3) of this section, the
requirements of this section apply beginning January 1, 2017.
    (3)(i) Beginning January 1, 2017, any refiner who produces gasoline
using computer-controlled in-line blending equipment is exempt from the
requirement of paragraph (a)(1) of this section to obtain the test
results required under paragraph (a)(1) of this section prior to the
gasoline leaving the refinery, provided that the refiner obtains an
exemption from this requirement from EPA. To obtain such exemption, the
refiner must:
    (A) Have been granted an in-line blending exemption under Sec.
80.65(f)(4); or
    (B) If the refiner has not been granted an exemption under Sec.
80.65(f)(4), submit to EPA all of the information required under Sec.
80.65(f)(4)(i)(A). A letter signed by the president, chief operating
officer or chief executive officer of the company, or his/her designee,
stating that the information contained in the submission is true to the
best of his/her belief must accompany any submission under this
paragraph (a)(3)(i)(B).
    (ii) Refiners who seek an exemption under paragraph (a)(3)(i) of
this section must comply with any EPA request for additional
information or any other requirements that EPA includes as part of the
exemption.
    (iii) Within 60 days of EPA's receipt of a submission under
paragraph (a)(3)(i)(B) of this section, EPA will notify the refiner if
the exemption is not approved or of any deficiencies in the refiner's
submission, or if any additional information is required or other
requirements are included in the exemption pursuant to paragraph
(a)(3)(ii) of this section. In the absence of such notification from
EPA, the effective date of an exemption under paragraph (a)(3)(i) of
this section for refiners who do not hold an exemption under Sec.
80.65(f)(4) is 60 days from EPA's receipt of the refiner's submission
under paragraph (a)(3)(i)(B) of this section.
    (iv) EPA reserves the right to modify the requirements of an
exemption under paragraph (a)(3)(i) of this section, in whole or in
part, at any time, if EPA determines that the refiner's operation does
not effectively or adequately control, monitor or document the sulfur
content of the refinery's gasoline production, or if EPA determines
that any other circumstances exist which merit modification of the
requirements

of an exemption, such as advancements in the state of the art for in-
line blending measurement which allow for additional control or more
accurate monitoring or documentation of sulfur content. If EPA finds
that a refiner provided false or inaccurate information in any
submission required for an exemption under this section, upon
notification from EPA, the refiner's exemption will be void ab initio.
    (b) Sampling methods. For purposes of paragraph (a) of this
section, refiners and importers shall sample each batch of gasoline by
using one of the methods specified in Sec.  80.8.
    (c) Test method for measuring sulfur content of gasoline. (1) For
purposes of paragraph (a) of this section, refiners and importers shall
use the method provided in Sec.  80.47, as applicable, to measure the
sulfur content of gasoline they produce or import.
    (2) Sulfur content shall be reported to the nearest ppm.

Sec.  80.1631  Sample retention requirements.

    (a) Sample retention requirements. Beginning January 1, 2017, or
January 1 of the first year credits are generated under Sec.  80.1615,
whichever is earlier, any refiner or importer shall do all of the
following:
    (1) Collect a representative portion of each sample analyzed under
Sec.  80.1630, of at least 330 milliliters in volume.
    (2) Retain sample portions for the most recent 20 samples
collected, or for each sample collected during the most recent 21 day
period, whichever is greater, not to exceed 90 days for any given
sample.
    (3) Comply with the gasoline sample handling and storage procedures
under Sec.  80.1630 for each sample portion retained.
    (4) Comply with any request by EPA to:
    (i) Provide a retained sample portion to the Administrator's
authorized representative; and
    (ii) Ship a retained sample portion to EPA, within 2 working days
of the date of the request, by an overnight shipping service or
comparable means, to the address and following procedures specified by
EPA, and accompanied with the sulfur test result for the sample
determined under Sec.  80.1630.
    (b) Sample retention requirement for samples subject to independent
analysis requirements. (1) Any refiner or importer who meets the
independent analysis requirements under Sec.  80.65(f) for any batch of
reformulated gasoline or RBOB will have met the requirements of
paragraph (a) of this section, provided the independent laboratory
meets the requirements of paragraph (a) of this section for the
gasoline batch; except that the retained RBOB sample for purposes of
this subpart O must be a sample of the RBOB prior to hand blending with
oxygenate.
    (2) For samples retained by an independent laboratory under this
paragraph (b), the test results required to be submitted under
paragraph (a) of this section shall be the test results determined
under Sec.  80.65(e).
    (c) Sampling compliance certification. Any refiner or importer
shall include with each annual report filed under Sec.  80.1652, the
following statement, which must accurately reflect the facts and must
be signed and dated by the same person who signs the annual report:
    I certify that I have made inquiries that are sufficient to give me
knowledge of the procedures to collect and store gasoline samples, and
I further certify that the procedures meet the requirements of the ASTM
procedures required under 40 CFR 80.1630.
    (d) Prior to January 1, 2017, for purposes of complying with the
requirements of this section, refiners who analyze composited samples
under Sec.  80.1630 must retain portions of the composited samples.
Portions of samples of each batch comprising the composited samples are
not required to be retained.
    (e) For purposes of complying with the requirements of this section
for RBOB, a sample of each RBOB batch produced must be retained.

Sec.  80.1640  Standards and requirements that apply to refiners
producing gasoline by blending blendstocks into previously certified
gasoline (PCG).

    (a) Any refiner who produces gasoline by blending blendstock into
PCG, as defined at Sec.  80.2(d), must meet the requirements of Sec.
80.1630 to sample and test every batch of gasoline as follows:
    (1) Exclude the PCG for purposes of demonstrating compliance with
the sulfur standards of this subpart O.
    (2) To accomplish the exclusion required in paragraph (a)(5) of
this section, the refiner must determine the volume and sulfur content
of the PCG used at the refinery and the volume of and sulfur content of
the gasoline produced at the refinery, and use the compliance
calculation procedures in paragraphs (a)(1)(iii) and (iv) of this
section.
    (3) For each batch of PCG that is used to produce gasoline the
refiner must include the volume and sulfur content of the PCG as a
negative volume and a positive sulfur content in the refiner's
compliance calculations in accord with the requirements at Sec.
80.1603.
    (4) For each batch of gasoline produced at the refinery using PCG
and blendstock, the refiner must determine the volume and sulfur
content of the combined product and include each batch of combined
product for purposes of sulfur compliance in the refinery's compliance
calculations at Sec.  80.1603 without regard to the presence of
previously certified gasoline in the batch.
    (5) The refiner must use any PCG that it includes as a negative
batch in its compliance calculations pursuant to Sec.  80.1603 as a
component in gasoline production during the annual averaging period in
which the PCG was included as a negative batch in the refiner's
compliance calculations.
    (6) The refiner must also comply with Sec.  80.65(i) when producing
RBOB or RFG and Sec.  80.101(g)(9) when producing conventional gasoline
or CBOB.
    (7) Any negative annual average sulfur value shall be reported as
zero and not as a negative result.
    (b) In the alternative, a refiner may sample and test each batch of
blendstock when received at the refinery to determine the volume and
sulfur content, and treat each blendstock receipt as a separate batch
for purposes of compliance calculations for the annual average sulfur
standard and for reporting. This alternative applies only if every
batch of blendstock used at a refinery during an averaging period has a
sulfur content that is equal to, or less than, the applicable per-
gallon cap standard under Sec.  80.1603.
    (c) Refiners who blend only butane into PCG may meet the sampling
and testing requirements of this subpart O for sulfur by using sulfur
test results of the butane supplier, provided that the requirements of
Sec.  80.82 are met.

Sec.  80.1641  Alternative sulfur standards and requirements that apply
to importers who transport gasoline by truck.

    Importers who import gasoline into the United States by truck may
comply with the following requirements instead of the requirements to
sample and test every batch of gasoline under Sec.  80.1630, and the
annual sulfur average and per-gallon cap standards otherwise applicable
to importers under Sec.  80.1603:
    (a) Alternative standards. The imported gasoline must comply with
the standard in paragraph (a)(1) or (a)(2) of this section as follows:
    (1) The annual average standard of 10 ppm and the per-gallon
standard of 80 ppm as provided by Sec.  80.1603; or
    (2) A per-gallon standard of 10 ppm.
    (b) Terminal testing. The importer may use test results for sulfur
content testing conducted by the terminal

operator, for gasoline contained in the storage tank from which trucks
used to transport gasoline into the United States are loaded, for
purposes of demonstrating compliance with the standards in paragraph
(a) of this section, provided all the following conditions are met:
    (1) The sampling and testing shall be performed after each receipt
of gasoline into the storage tank, or immediately before each transfer
of gasoline to the importer's truck.
    (2) The sampling and testing shall be performed using the methods
specified in Sec. Sec.  80.8 and 80.47, respectively.
    (3) At the time of each transfer of gasoline to the importer's
truck for import to the U.S., the importer must obtain a copy of the
terminal test result that indicates the sulfur content of the truck
load (or each compartment if fuel was loaded from different storage
tanks).
    (c) Quality assurance program. The importer must conduct a quality
assurance program, as specified in this paragraph, for each truck
loading terminal.
    (1) Quality assurance samples must be obtained from the truck-
loading terminal and tested by the importer, or by an independent
laboratory, and the terminal operator must not know in advance when
samples are to be collected.
    (2) The sampling and testing must be performed using the methods
specified in Sec. Sec.  80.8 and 80.47, respectively.
    (3) The quality assurance test results for sulfur must differ from
the terminal test result by no more than the ASTM reproducibility of
the terminal's test results, as determined by the following equation:

R = 105 x ((S +2)/10\4\)\0.4\

Where:

R = ASTM reproducibility.
S = Sulfur content based on the terminal's test result.

    (4) The frequency of the quality assurance sampling and testing
must be at least one sample for each fifty of an importer's trucks that
are loaded at a terminal, or one sample per month, whichever is more
frequent.
    (d) Party required to conduct quality assurance testing. The
quality assurance program under paragraph (c) of this section shall be
conducted by the importer. In the alternative, this testing may be
conducted by an independent laboratory that meets the criteria under
Sec.  80.65(f)(2)(iii), provided the importer receives, no later than
21 days after the sample was taken, copies of all results of tests
conducted.
    (e) Assignment of batch numbers. The importer must treat each truck
load of imported gasoline as a separate batch for purposes of assigning
batch numbers and maintaining records under Sec.  80.1653, and
reporting under Sec.  80.1652.
    (f) EPA inspections of terminals. EPA inspectors or auditors, and
auditors conducting attest engagements under Sec.  80.1667, must be
given full and immediate access to the truck-loading terminal and any
laboratory at which samples of gasoline collected at the terminal are
analyzed, and must be allowed to conduct inspections, review records,
collect gasoline samples, and perform audits. These inspections or
audits may be either announced or unannounced.
    (g) Certified Sulfur-FRGAS. This section does not apply to
Certified Sulfur-FRGAS.
    (h) Reporting requirements. Any importer who elects to comply with
the alternative standards in paragraph (a) of this section shall comply
with the following requirements:
    (1) All importer recordkeeping and reporting requirements under
Sec. Sec.  80.1652 and 80.1653, except as provided in paragraph (h)(2)
of this section.
    (2) An importer who elects to comply with the alternative standards
in paragraph (a)(2) of this section must certify in the annual report
whether it is in compliance with the applicable per-gallon batch
standard set forth in paragraph (a)(2) of this section, in lieu of
providing the information required by Sec.  80.1652 regarding annual
average sulfur content and compliance with the average standard under
Sec.  80.1603.
    (i) Effect of noncompliance. If any of the requirements of this
section are not met, all gasoline imported by the truck importer during
the time any requirements are not met is deemed in violation of the
gasoline sulfur average and per-gallon cap standards in Sec.  80.1603.
Additionally, if any requirement is not met, EPA may notify the
importer of the violation and, if the requirement is not fulfilled
within 10 days of notification, the truck importer may not in the
future use the sampling and testing provisions in this section in lieu
of the provisions in Sec.  80.1630.

Sec. Sec.  80.1642-80.1649  [Reserved]

Sec.  80.1650  Registration.

    The following registration requirements apply under this subpart:
    (a) Registration with the EPA Administrator is required for any:
    (1) Gasoline refiner or importer having any refinery or import
facility subject to the gasoline sulfur standards under this subpart O.
    (2) Oxygenate producer or importer having any oxygenate production
facility or import facility subject to the oxygenate sulfur standards
under Sec.  80.1610 unless already registered under Sec.  80.1450.
    (3) Oxygenate blender who has any oxygenate blending facility that
blends oxygenate into RBOB where the resulting gasoline is subject to
the gasoline sulfur standards under this subpart O.
    (b) Registration dates. (1) Any gasoline refiner or importer
required to register shall do so by March 31, 2014, or at least thirty
days in advance of the first date that such person will produce or
import reformulated gasoline, conventional gasoline, RBOB, or CBOB,
whichever is later.
    (2) Any oxygenate producer or importer required to register shall
do so by December 1, 2017, or at least thirty days in advance of the
first date that such person will produce or import oxygenate, whichever
is later.
    (3) Any oxygenate blender required to register shall do so by March
31, 2014, or at least thirty days in advance of the first date that
such person will blend oxygenate into RBOB, whichever is later.
    (c) Refiner registration. (1) Registration shall be on forms
prescribed by the Administrator, and shall include all the following
information:
    (i) The name, business address, contact name, email address, and
telephone number of the refiner.
    (ii) For each separate refinery, the facility name, physical
location, contact name, email address, telephone number, and type of
facility.
    (iii) For each separate refinery:
    (A) Whether records are kept on-site or off-site of the refinery.
    (B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, email address, and
telephone number.
    (iv) For each separate refinery that produces reformulated gasoline
and/or RBOB, the name, address, contact name, email address, and
telephone number of the independent laboratory used to meet the
independent analysis requirements of Sec.  80.65(f).
    (2) EPA will supply a company registration number to each refiner,
and a facility registration number for each refinery that is
identified. These registration numbers shall be used in all reports to
the Administrator.
    (3) Updates to registration. (i) Any refiner shall submit updated
registration information to the Administrator within thirty days of any
occasion when the registration information previously

supplied becomes incomplete or inaccurate; except that
    (ii) EPA must be notified in writing of any change in designated
independent laboratory under paragraph (a)(1)(iv) of this section at
least thirty days in advance of such change.
    (d) Gasoline importer registration. (1) Registration shall be on
forms prescribed by the Administrator, and shall include all the
following information:
    (i) The name, business address, contact name, email address, and
telephone number of the importer.
    (ii) For each importer's operations in a single PADD:
    (A) Whether records are kept on-site at the registered address or
off-site.
    (B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, email address, and
telephone number.
    (C) For importers that import reformulated gasoline and/or RBOB,
the name, address, contact name and telephone number of the independent
laboratory used to meet the independent analysis requirements of Sec.
80.65(f).
    (2) EPA will supply a company registration number to each importer.
This registration number shall be used in all reports to the
Administrator.
    (3) Updates to registration. (i) Any importer shall submit updated
registration information to the Administrator within thirty days of any
occasion when the registration information previously supplied becomes
incomplete or inaccurate; except that
    (ii) EPA must be notified in writing of any change in designated
independent laboratory under paragraph (d)(1)(ii)(C) of this section at
least thirty days in advance of such change.
    (e) Oxygenate producer registration. (1) Registration shall be on
forms prescribed by the Administrator, and shall include all the
following information:
    (i) The name, business address, contact name, email address, and
telephone number of the oxygenate producer.
    (ii) For each separate oxygenate production facility, the facility
name, physical location, contact name, telephone number, and type of
facility.
    (iii) For each separate oxygenate production facility:
    (A) Whether records are kept on-site or off-site of the refinery.
    (B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, and telephone number.
    (2) EPA will supply a company registration number to each oxygenate
producer, and a facility registration number for each oxygenate
production facility that is identified. These registration numbers or
those provided under Sec.  80.1450 shall be used in all reports to the
Administrator.
    (3) Updates to registration. Any oxygenate producer shall submit
updated registration information to the Administrator within thirty
days of any occasion when the registration information previously
supplied becomes incomplete or inaccurate.
    (f) Oxygenate importer registration. (1) Registration shall be on
forms prescribed by the Administrator, and shall include all the
following information:
    (i) The name, business address, contact name, and email address,
telephone number of the importer.
    (ii) For each importer's operations in a single PADD:
    (A) Whether records are kept on-site at the registered address or
off-site.
    (B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, email address, and
telephone number.
    (2) EPA will supply a company registration number to each importer.
This registration number shall be used in all reports to the
Administrator.
    (g) Oxygenate blender registration. (1) Registration shall be on
forms prescribed by the Administrator, and shall include all the
following information:
    (i) The name, business address, contact name, and email address,
telephone number of the oxygenate blender.
    (ii) For each separate oxygenate blending facility, the facility
name, physical location, contact name, telephone number, and type of
facility.
    (iii) For each separate oxygenate blending facility:
    (A) Whether records are kept on-site or off-site of the refinery.
    (B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, email address, and
telephone number.
    (2) EPA will supply a company registration number to each oxygenate
blender, and a facility registration number for each oxygenate blending
facility that is identified. These registration numbers or those
provided under Sec.  80.1450 shall be used in all reports to the
Administrator.
    (3) Updates to registration. Any oxygenate producer shall submit
updated registration information to the Administrator within thirty
days of any occasion when the registration information previously
supplied becomes incomplete or inaccurate.

Sec.  80.1651  Product transfer document requirements.

    (a) On each occasion that any person transfers custody or title to
any gasoline, RBOB, CBOB, or oxygenate 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 all the following information:
    (1) The name and address of the transferor.
    (2) The name and address of the transferee.
    (3) The volume of gasoline, RBOB, CBOB, or oxygenate which is being
transferred.
    (4) The location of the gasoline, RBOB, CBOB, or oxygenate at the
time of the transfer.
    (5) The date of the transfer.
    (b) On each occasion when any person transfers custody or title to
any gasoline for export or with an exemption under Sec. Sec.  80.1654,
80.1655, 80.1656, and/or 80.1658, any of the following statements must
be included on the product transfer document:
    (1) For gasoline with a national security exemption under Sec.
80.1655, ``This gasoline is for use in vehicles, engines, or equipment
under an EPA-approved national security exemption only.''.
    (2) For gasoline with a research, development, or testing exemption
under Sec.  80.1656, ``This gasoline is for research, development, or
testing purposes only.''.
    (3) For gasoline for use in American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands under Sec.  80.1658,
``This is gasoline for use only in Guam, American Samoa, or the
Northern Mariana Islands.''.
    (4) For gasoline for export purposes, ``This gasoline is for export
only.''.
    (5) For gasoline for racing purposes, ``This gasoline is for racing
purposes only.''.
    (6) For California gasoline, pursuant to Sec.  80.1654,
``California gasoline''.
    (c) On each occasion when any person transfers custody or title to
any gasoline additive intended to be used at less than 1 volume
percent, 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
information on the maximum recommended treatment level.

Sec.  80.1652  Reporting requirements.

    Beginning with the 2017 averaging period or the first year credits
are generated under Sec.  80.1615 (whichever is

earlier), and continuing for each averaging period thereafter, any
refiner or importer, and any oxygenate producer or importer, shall
submit to EPA annual reports that contain the information required in
this section, and any other information as EPA may require.
    (a) Refiner and importer annual reports. Any refiner, for each of
its refineries, and any importer for the gasoline it imports, shall
submit a report for each calendar year averaging period that includes
all the following information:
    (1) The EPA importer, or refiner and refinery facility registration
numbers.
    (2) The average standard under Sec.  80.1603, reported to two
decimal places.
    (3) The total volume of gasoline produced or imported, reported to
the nearest whole number.
    (4) The annual average sulfur level of the gasoline produced or
imported, reported to two decimal places.
    (5) The annual average sulfur level after inclusion of any credits,
reported to two decimal places.
    (6) Separately provided information for credits, and separately by
year of creation, as follows:
    (i) The number of credits at the beginning of the averaging period,
reported to the nearest whole number.
    (ii) The number of credits generated, reported to the nearest whole
number.
    (iii) The number of credits used, reported to the nearest whole
number.
    (iv) If any credits were obtained from or transferred to other
parties; and for each other party, its name and EPA refiner or importer
registration number, and the number of credits obtained from or
transferred to the other party.
    (v) The number of credits that expired at the end of the averaging
period, reported to the nearest whole number.
    (vi) The number of credits that will carry over into the subsequent
averaging period, reported to the nearest whole number.
    (7) For each batch of gasoline produced or imported during the
averaging period, all of the following:
    (i) The batch number assigned under Sec.  80.65(d)(3); except that
if composite samples of conventional gasoline representing multiple
batches produced subsequent to December 31, 2003, are tested under
Sec.  80.101(i)(2) for anti-dumping compliance purposes, for purposes
of this subpart a separate batch number must be assigned to each batch
using the batch numbering procedures under Sec.  80.65(d)(3).
    (ii) The date the batch was produced.
    (iii) The volume of the batch, reported to the nearest whole
number.
    (iv) The sulfur content of the batch, reported to two decimal
places, along with identification of the test method used to determine
the sulfur content of the batch, as determined under Sec.  80.1630.
    (8) All values measured or calculated pursuant to the requirements
of this paragraph (a) shall be in accordance with the rounding
procedure specified in Sec.  80.9.
    (9) When submitting reports under this paragraph (a) from January
1, 2017 through December 31, 2019, any importer shall exclude Certified
Sulfur-FRGAS.
    (b) Additional reporting requirements for importers. From January
1, 2017 through December 31, 2019, importers shall report all of the
following information for Sulfur-FRGAS imported during an annual
averaging period:
    (1) The EPA refiner and refinery registration numbers of each
foreign refiner and refinery where the Certified Sulfur-FRGAS was
produced.
    (2) The total gallons of Certified Sulfur-FRGAS and Non-Certified
Sulfur-FRGAS imported from each foreign refiner and refinery, reported
to one decimal place.
    (c) Oxygenate producer reports. On an annual basis, the producer of
DFE or other oxygenate must submit a summary report to EPA which
includes all of the following:
    (1) The facility identification information provided pursuant to
Sec.  80.1650.
    (2) The total volume of all batches of DFE and other oxygenate
produced.
    (3) An attestation that all of the batches of DFE and other
oxygenate produced during the compliance period were in compliance with
the requirements of this subpart.
    (d) Report submission. Any annual report required under this
section shall be:
    (1) Signed and certified as meeting all of the applicable
requirements of this subpart by the owner or a responsible corporate
officer of the refiner or importer; and
    (2) Submitted to EPA no later than the March 31 each year for the
prior calendar year averaging period.
    (e) Attest reports. Attest reports for refiner and importer attest
engagements required under Sec.  80.1667 shall be submitted to the
Administrator by May 31 of each year for the prior calendar year
averaging period.

Sec.  80.1653  Recordkeeping.

    (a) Records that must be kept. Beginning January 1, 2017 or January
1 of the first year that credits are generated (whichever is earlier),
any person who produces, imports, sells, offers for sale, dispenses,
distributes, supplies, offers for supply, stores, or transports
gasoline, shall keep records that contain all of the following
information:
    (1) The product transfer document information required under Sec.
80.1651.
    (2) All of the following information for any sampling and testing
for sulfur content required under this subpart O:
    (i) The location, date, time, and storage tank or truck
identification for each sample collected.
    (ii) The name and title of the person who collected the sample and
the person who performed the test.
    (iii) The results of the test as originally printed by the testing
apparatus, or where no printed result is produced, the results as
originally recorded by the person who performed the test.
    (iv) Any record that contains a test result for the sample that is
not identical to the result recorded under paragraph (a)(2)(iii) of
this section.
    (v) The test methodology used.
    (b) Additional records that refiners and importers must keep.
Beginning January 1, 2014, or January 1 of the first year credits are
generated under Sec.  80.1615, whichever is earlier, any refiner for
each of its refineries and any importer for the gasoline it imports,
shall keep records that include all of the following information:
    (1) For each batch of gasoline produced or imported:
    (i) The batch volume.
    (ii) The batch number assigned under Sec.  80.65(d)(3) and the
appropriate designation under paragraph (b)(1)(iv) of this section;
except that for composite samples of conventional gasoline representing
multiple batches, that are tested under Sec.  80.101(i)(2) for purposes
of this subpart, a separate batch number must be assigned to each batch
using the batch numbering procedures under Sec.  80.65(d)(3).
    (iii) The date of production or importation.
    (iv) If appropriate, the designation of the batch as California
gasoline under Sec.  80.1654, exempt gasoline for national security
purposes under Sec.  80.1655, exempt gasoline for research and
development under Sec.  80.1656, or for export outside the United
States.
    (v) The test methodology used.
    (2) Information regarding credits, separately kept according to the
year of creation; and for credit generation or use starting in 2014.
Information shall be kept separately for different types of credits
generated under Sec.  80.1615:
    (i) The number of credits in the refiner's or importer's possession
at the beginning of the averaging period.

    (ii) The number of credits generated.
    (iii) The number of credits used.
    (iv) If any credits were obtained from or transferred to other
parties, all the following for each other party:
    (A) The party's name.
    (B) The party's EPA refiner or importer registration number.
    (C) The number of credits obtained from, or transferred to, the
party.
    (v) The number of credits that expired at the end of the averaging
period.
    (vi) The number of credits in the refiner's or importer's
possession that will carry over into the subsequent averaging period.
    (vii) Contracts or other commercial documents that establish each
transfer of credits from the transferor to the transferee.
    (3) The calculations used to determine compliance with the
applicable sulfur average standards of Sec.  80.1603 or Sec.  80.1604.
    (4) The calculations used to determine the number of credits
generated under Sec.  80.1615.
    (5) A copy of all reports submitted to EPA under Sec.  80.1652.
    (6) In the case of parties who process transmix, records of any
sampling and testing required under Sec.  80.1607.
    (c) Additional records importers must keep. Any importer shall keep
records that identify and verify the source of each batch of certified
Sulfur-FRGAS and non-certified Sulfur-FRGAS imported and demonstrate
compliance with the requirements for importers under Sec.  80.1666.
    (d) Records that producers of denatured fuel ethanol and other
oxygenates must keep.
    (1) The date each batch was produced.
    (2) The batch volume and an identification of the test methodology
used.
    (3) The test results on the sulfur content of each batch and the
test methodology used.
    (4) The volume percent denaturant used in each batch if the
oxygenate is denatured fuel ethanol.
    (5) The type and source of the denaturant used in each batch if the
oxygenate is denatured fuel ethanol.
    (e) Records that parties that take custody of oxygenates must keep.
All parties that take custody of oxygenate from the oxygenate producer
through to the oxygenate blender must keep a copy of the product
transfer document for each batch of oxygenate.
    (f) Length of time records must be kept. The records required under
this subpart O shall be kept for five years from the date they were
created; except in the following cases:
    (1) Transfers of credits. Except as provided in paragraph (f)(2) of
this section, records relating to credit transfers shall be kept by the
transferor for five years from the date the credits are transferred;
and shall be kept by the transferee for five years from the date the
credits were transferred, used, or terminated, whichever is later.
    (2) Early credits. (i) Where the party generating the credits does
not transfer the credits, records must be kept for five years from the
date of creation, use, or termination, whichever is later.
    (ii) Where early credits are transferred, records relating to such
credits shall be kept by the transferor for five years from the date
the credits are transferred; and shall be kept by the transferee for
five years from the date the credits were transferred, used, or
terminated, whichever is later.
    (g) Make records available to EPA. On request by EPA, the records
required in this section shall be provided to the Administrator's
authorized representative. For records that are electronically
generated or maintained, the equipment and software necessary to read
the records shall be made available; or, if requested by EPA,
electronic records shall be converted to paper documents which shall be
provided to the Administrator's authorized representative.

Sec.  80.1654  California gasoline requirements.

    (a) California gasoline exemption. California gasoline that
complies with all the requirements of this section is exempt from all
other provisions of this subpart O.
    (b) Requirements for California gasoline. (1) Each batch of
California gasoline must be designated as such by its refiner or
importer.
    (2) Designated California gasoline must be kept segregated from
gasoline that is not California gasoline, at all points in the
distribution system.
    (3) Designated California gasoline must ultimately be used in the
State of California and not used elsewhere.
    (4) For California gasoline produced outside the State of
California, the transferors and transferees must meet the product
transfer document requirements of paragraph (b)(5) of this section.
    (5)(i) Any refiner that operates a refinery located outside the
State of California at which California gasoline (as defined in Sec.
80.1600) is produced must provide to any person to whom custody or
title of such gasoline has transferred, and each transferee must
provide to any subsequent transferee, documents which include all the
following information:
    (A) The name and address of the transferor.
    (B) The name and address of the transferee.
    (C) The volume of gasoline which is being transferred.
    (D) The location of the gasoline at the time of the transfer.
    (E) The date and time of the transfer.
    (F) The identification of the gasoline as California gasoline.
    (ii) Each refiner and transferee of California gasoline must
maintain copies of the product transfer documents required to be
provided by paragraph (b)(5)(i) of this section for a period of five
years from the date of creation and shall deliver such documents to the
Administrator or to the Administrator's authorized representative upon
request.
    (6) Gasoline that is ultimately used in any part of the United
States outside of the State of California must comply with the
standards and requirements of this subpart, regardless of any
designation as California gasoline.
    (c) Use of California test methods and offsite sampling procedures.
In the case of any gasoline that is not California gasoline and that is
either produced at a refinery located in the State of California or is
imported from outside the United States into the State of California,
the refiner or importer may, with regard to such gasoline:
    (1) Use the sampling and testing methods approved in Title 13 of
the California Code of Regulations instead of the sampling and testing
methods required under Sec.  80.1630; and
    (2) Determine the sulfur content of gasoline at offsite tankage
(which would otherwise be prohibited under Sec.  80.65(e)(1)).
    (i) Note that the requirements of Sec.  80.65(e)(1), regarding when
the properties of a batch of reformulated gasoline must be determined,
specify that the properties of a batch of gasoline be determined prior
to the gasoline leaving the refinery or import facility; however, under
this section, a refiner of California gasoline may determine the
properties of gasoline as specified under Sec.  80.65(e)(1) at offsite
tankage provided that:
    (A) The samples are properly collected under the terms of a current
and valid protocol agreement between the refiner and the California Air
Resources Board with regard to sampling at the offsite tankage and
consistent with the requirements prescribed in Title 13, California
Code of Regulations, section 2250 et seq. (May 1, 2003); and

    (B) The refiner provides a copy of the protocol agreement to EPA
upon request.
    (ii) [Reserved]

Sec.  80.1655  National security exemption.

    (a) The standards of Sec.  80.1603 do not apply to gasoline that is
produced, imported, sold, offered for sale, supplied, offered for
supply, stored, dispensed, or transported for use in any of the
following:
    (1) Tactical military vehicles, engines, or equipment having an EPA
national security exemption from the gasoline emission standards under
40 CFR part 86.
    (2) Tactical military vehicles, engines, or equipment that are not
subject to a national security exemption from vehicle or engine
emissions standards as described in paragraph (a)(1) of this section
but, for national security purposes (for purposes of readiness for
deployment oversees), need to be fueled on the same gasoline as the
vehicles, engines, or equipment for which EPA has granted such a
national security exemption.
    (b) The exempt fuel must meet all the following conditions:
    (1) It must be accompanied by product transfer documents as
required under Sec.  80.1651.
    (2) It must be segregated from non-exempt gasoline at all points in
the distribution system.
    (3) It must be dispensed from a fuel pump stand, fueling truck, or
tank that is labeled with the appropriate designation of the fuel.
    (4) It may not be used in any vehicles, engines, or equipment other
than those referred to in paragraph (a) of this section.

Sec.  80.1656  Exemptions for gasoline used for research, development,
or testing purposes.

    (a) Written request for a research and development exemption. Any
person may receive an exemption from the provisions of this subpart for
gasoline used for research, development, or testing (``R&D'') purposes
by submitting the information listed in paragraph (c) of this section
to EPA. Applications for R&D exemptions must be submitted to one of the
addresses in paragraph (h) of this section.
    (b) Criteria for a research and development exemption. For a
research and development exemption to be granted, the person requesting
an exemption must do all of the following:
    (1) Demonstrate a purpose that constitutes an appropriate basis for
exemption.
    (2) Demonstrate that an exemption is necessary.
    (3) Design a research and development program that is reasonable in
scope.
    (4) Have a degree of control consistent with the purpose of the
program and EPA's monitoring requirements.
    (c) Information required to be submitted. To demonstrate each of
the elements in paragraph (b) of this section, the person requesting an
exemption must include all of the following information:
    (1) A concise statement of the purpose of the program demonstrating