[Federal Register Volume 89, Number 167 (Wednesday, August 28, 2024)]
[Proposed Rules]
[Pages 70048-70093]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-18773]
[[Page 70047]]
Vol. 89
Wednesday,
No. 167
August 28, 2024
Part III
Environmental Protection Agency
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40 CFR Part 1090
Fuels Regulatory Streamlining Amendments; Proposed Rule
Federal Register / Vol. 89 , No. 167 / Wednesday, August 28, 2024 /
Proposed Rules
[[Page 70048]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 1090
[EPA-HQ-OAR-2024-0143; FRL-8513-02-OAR]
RIN 2060-AV26
Fuels Regulatory Streamlining Amendments
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action proposes revisions, updates, and corrections to
EPA's streamlined fuel quality regulations. This action does not
propose to change the stringency of the existing fuel quality
standards.
DATES: Comments. Comments must be received on or before October 15,
2024.
Public hearing: If anyone contacts EPA requesting a public hearing
by September 4, 2024, EPA will hold a virtual public hearing on
September 12, 2024. Please refer to the SUPPLEMENTARY INFORMATION
section for additional information on the public hearing.
ADDRESSES: Comments. Submit your comments, identified by Docket ID No.
EPA-HQ-OAR-2024-0143, at http://www.regulations.gov. Follow the online
instructions for submitting comments. Once submitted, comments cannot
be edited or removed from the docket. EPA may publish any comment
received to its public docket. Do not submit to EPA's docket at https://www.regulations.gov any information you consider to be Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Multimedia submissions (audio, video, etc.) must
be accompanied by a written comment. The written comment is considered
the official comment and should include discussion of all points you
wish to make. EPA will generally not consider comments or comment
contents located outside of the primary submission (i.e., on the web,
cloud, or other file sharing system). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the
full EPA public comment policy; information about CBI or multimedia
submissions; and general guidance on making effective comments.
Public hearing. If a virtual public hearing is requested by
September 4, 2024, it will be held on September 12, 2024. The hearing
will begin at 9:00 a.m. Eastern Daylight Time (EDT) and end when all
parties who wish to speak have had an opportunity to do so. All hearing
attendees (including even those who do not intend to provide testimony)
should register for the virtual public hearing by September 4, 2024.
Information on the status of the hearing and how to register can be
found at https://www.epa.gov/diesel-fuel-standards/fuels-regulatory-streamlining. Additional information regarding the hearing appears
below under SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Nick Parsons, Office of Transportation
and Air Quality, Assessment and Standards Division, Environmental
Protection Agency, 2000 Traverwood Drive, Ann Arbor, MI 48105;
telephone number: 734-214-4479; email address: [email protected].
SUPPLEMENTARY INFORMATION:
Does this action apply to me?
Entities potentially affected by this proposed rule are those
involved with the production, distribution, and sale of transportation
fuels, including gasoline and diesel fuel. Potentially affected
categories include:
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Examples of potentially affected
Category NAICS \1\ code entities
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Industry.... 211130 Natural gas liquids extraction and
fractionation.
Industry.... 221210 Natural gas production and distribution.
Industry.... 324110 Petroleum refineries (including
importers).
Industry.... 325110 Butane and pentane manufacturers.
Industry.... 325193 Ethyl alcohol manufacturing.
Industry.... 325199 Manufacturers of gasoline additives.
Industry.... 424710 Petroleum bulk stations and terminals.
Industry.... 424720 Petroleum and petroleum products
wholesalers.
Industry.... 457110, 457120 Fuel retailers.
Industry.... 457210 Other fuel dealers.
Industry.... 486910 Natural gas liquids pipelines, refined
petroleum products pipelines.
Industry.... 493190 Other warehousing and storage--bulk
petroleum storage.
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\1\ North American Industry Classification System (NAICS).
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities potentially affected by this
action. This table lists the types of entities that EPA is now aware
could potentially be affected by this action. Other types of entities
not listed in the table could also be affected. To determine whether
your entity would be affected by this action, you should carefully
examine the applicability criteria in 40 CFR part 1090. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed in the FOR FURTHER INFORMATION
CONTACT section.
Participation in Virtual Public Hearing
Information on the status of the virtual public hearing and how to
register can be found at https://www.epa.gov/diesel-fuel-standards/fuels-regulatory-streamlining. The last day to pre-register to speak at
the hearing is September 4, 2024. Please note that any updates made to
any aspect of the hearing will be posted online at https://www.epa.gov/diesel-fuel-standards/fuels-regulatory-streamlining. Please monitor the
website or contact the person listed in the FOR FURTHER INFORMATION
CONTACT section to determine if there are any updates. EPA does not
intend to publish a document in the Federal Register announcing
updates.
If a virtual public hearing is held, each commenter will have 3
minutes to provide oral testimony. EPA may ask clarifying questions
during the oral presentations, but will not respond to the
presentations at that time. Written statements and supporting
information submitted during the comment period will be considered with
the same weight as oral comments and supporting information presented
at the public hearing.
If you require the services of a translator or special
accommodations such as audio description, please pre-register for the
hearing and describe your needs by September 4, 2024. EPA
[[Page 70049]]
may not be able to arrange accommodations without advance notice.
Preamble Acronyms and Abbreviations
Throughout this document the use of ``we,'' ``us,'' or ``our'' is
intended to refer to EPA. We use multiple acronyms and terms in this
preamble. While this list may not be exhaustive, to ease the reading of
this preamble and for reference purposes, EPA defines the following
terms and acronyms here:
ARV accepted reference value
BOB gasoline before oxygenate blending
DFE denatured fuel ethanol
EMTS EPA Moderated Transaction System
GTAB gasoline treated as blendstock
NFSP National Fuel Survey Program
OFR Office of the Federal Register
PBMS Performance-based Measurement System
PCG previously certified gasoline
RVP Reid vapor pressure
SQC statistical quality control
TGP transmix gasoline product
Table of Contents
I. Background and Overview
II. Sampling and Testing
A. Determining the Volume of Non-Compliant Fuel
B. Requirements for In-Line Blending
C. Process for Amending In-Line Blending Waivers
D. Changes to Manual Sampling Provisions
E. Homogeneity Samples Used for Batch Certification
F. Retaining Samples
G. Homogeneity Testing of PCG
H. Precision and Accuracy Demonstration
I. Excluding SQC Data Points
J. Testing of Oxygenates for PCG Under Compliance by Subtraction
III. Other Technical Amendments
A. Definition of Batch
B. Truthful Reporting
C. Clarification of RVP Standard in Federal 7.8 psi RVP Areas
D. National Fuel Survey Program Notifications
E. Fuel Certification With Domestic Marine Vessels
F. Technical Corrections
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: Modernizing Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA) and
1 CFR Part 51
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations and Executive Order 14096: Revitalizing Our Nation's
Commitment to Environmental Justice for All
V. Amendatory Instructions
VI. Statutory Authority
I. Background and Overview
On December 4, 2020, EPA finalized the Fuels Regulatory
Streamlining Rule (``streamlining rule'') that replaced EPA's prior
gasoline, diesel fuel, and other fuel quality programs in 40 CFR part
80 with a new set of provisions and definitions in 40 CFR part 1090.\1\
Since that time, EPA found that several provisions in 40 CFR part 1090
require further correction or clarification to better align with
current market practices; this action proposes such changes. As further
discussed in Section V, the regulatory text in this document includes
both text that EPA is proposing to change as well as text that EPA is
republishing without change for context and clarity in keeping with new
guidance by the Office of the Federal Register (OFR). EPA is not
reopening for comment any of the unchanged text. Specifically, EPA is
not reopening any fuel quality standard (e.g., the sulfur, benzene, and
Reid vapor pressure (RVP) standards for gasoline in 40 CFR part 1090,
subpart C, and the sulfur and cetane standards for diesel fuel in 40
CFR part 1090, subpart D), the general requirements that regulated
parties register with EPA, maintain records, submit reports, etc., or
the general requirements for averaging, banking, and trading. Any
comments received on these topics or on portions of the regulations
that are not the subject of this action will be considered as beyond
the scope of this rulemaking.
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\1\ 85 FR 78412.
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This action proposes amendments to two main areas of EPA's fuel
quality regulations. First, EPA is proposing minor revisions to provide
clarity and flexibility to provisions that govern how fuel, fuel
additives, and regulated blendstocks are sampled and tested to
demonstrate compliance. Since finalizing the streamlining rule, EPA
identified, with stakeholder input, several areas in the sampling and
testing provisions that need further consideration and clarification.
These areas include the in-line blending waiver provisions,
instructions for collecting samples through automatic and manual
sampling, the process for demonstrating homogeneity for certification
testing, and requirements related to demonstrating the accuracy and
precision of test methods. The sampling and testing amendments are
discussed in Section II.
Second, EPA is proposing the following technical amendments, which
are discussed in Section III:
Clarification of definitions and general provisions.
Clarification of the truthful reporting requirement.
Clarification of the RVP standard in federal 7.8 psi RVP
areas.
Adjustments to notifications under the National Fuel
Survey Program (NFSP).
Addition of provisions to allow for certifying fuel loaded
onto domestic marine vessels.
Numerous clarifications, corrections, and consistency
edits to the regulations.
II. Sampling and Testing
A. Determining the Volume of Non-Compliant Fuel
EPA is proposing to clarify how batches of fuel certified through
automatic sampling would be treated when a test result indicates that a
regulated parameter exceeds a per-gallon standard. A per-gallon
standard is defined as ``the maximum or minimum value for any parameter
that applies to every volume unit of a specified fuel, fuel additive,
or regulated blendstock.'' \2\ This definition is consistent with EPA's
historic approach to per-gallon standards. Whether fuel is produced and
tested by in-line blending or in storage tanks, each gallon of fuel
must meet all applicable per-gallon standards. EPA expects fuel
manufacturers to apply a margin of safety to their production targets
to ensure that all fuel meets all applicable per-gallon standards in 40
CFR part 1090.
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\2\ 40 CFR 1090.80.
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The current regulation states that ``[a] batch is noncompliant if
any tested sample does not meet all applicable per-gallon standards.''
\3\ Since the streamlining rule was finalized in 2020, several
stakeholders expressed concern that this language could be construed to
mean that EPA would consider the entire volume of a batch produced by
in-line blending to be in violation of a per-gallon standard whenever
any test result exceeded the per-gallon standard. To address this
concern, EPA is proposing to remove the above-referenced language in 40
CFR 1090.1335(e)(2) and add clarifying
[[Page 70050]]
language to 40 CFR 1090.1335(b) and (c). Specifically, EPA is proposing
first to modify the manual-sampling provisions in 40 CFR 1090.1335(b)
to include the statement that ``The entire batch volume is noncompliant
if a sample fails to meet any applicable per-gallon standard.'' This is
intended to be consistent with the provision described above from 40
CFR 1090.1335(e)(2). Second, EPA is proposing to modify the automatic-
sampling provisions in 40 CFR 1090.1335(c) to clarify that the entire
batch volume is noncompliant if the composite sample fails to meet any
applicable per-gallon standard. However, if an in-line sample fails to
meet any applicable per-gallon standard, EPA would consider the volume
of noncompliant fuel to be the volume starting with the last passing
result before the failing result (or the start of the batch), up to the
first passing result after the failing result (or the end of the
batch). For example, if a head sample exceeds a standard, followed
shortly by a middle sample with a valid passing result, the volume of
noncompliant fuel would be limited to the portion of the batch
preceding the middle sample with the passing result. Also, if the fuel
manufacturer took an extra sample between the head and middle samples
and determined that the extra sample had a passing result, that would
further limit the volume of fuel considered noncompliant.
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\3\ 40 CFR 1090.1335(e)(2).
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This proposed approach is intended to preserve the long-standing
principle of requiring every tested sample to meet all applicable per-
gallon standards, while allowing us to consider a portion of the in-
line blended batch to be compliant based on tested samples that
establish the boundaries of what should be considered noncompliant. We
believe the proposed approach properly incentivizes fuel manufacturers
both to design and manage their processes to provide for appropriate
compliance margins and to perform spot testing as appropriate to verify
that the blended fuel continues to meet all applicable per-gallon
standards for the whole batch.
Fuel manufacturers can measure fuel parameters using procedures
that are different than the test methods used to generate official test
results for certification. We recognize that those nonstandard
measurements provide value to fuel manufacturers to inform the blending
process and add assurance that the blend settings continue to maintain
compliant fuel across the batch. However, as nonstandard tests, those
measurements cannot be used to reduce the volume of fuel considered
noncompliant if there are test results from any official test method
showing that a sample fails to meet a per-gallon standard.
We request comment on this approach to quantify the volume of
noncompliant fuel when a test result from in-line blending indicates an
exceedance of a per-gallon standard.
B. Requirements for In-Line Blending
The current in-line blending waiver provisions require that
interested fuel manufacturers submit general information about their
in-line blending equipment, including the location, layout, operation,
and monitoring of equipment.\4\ During EPA review and approval of in-
line blending waiver requests following finalization of the
streamlining rule, multiple stakeholders raised concerns regarding the
requirement to follow ASTM D4177 \5\ and the sampling and testing of
spot samples. Through iterative discussion with these stakeholders, EPA
approved multiple flexibilities addressing these and other concerns in
individual waiver requests. In this action, EPA is proposing to codify
these previously approved flexibilities in the regulations to ensure a
consistent and transparent framework. These proposed in-line blending
flexibilities would codify existing industry practices, and thus would
not impose a new or greater burden on industry. EPA is not reopening
for comment the existing provisions for in-line blending waivers.
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\4\ 40 CFR 1090.1315.
\5\ ASTM D4177-22e1, ``Standard Practice for Automatic Sampling
of Petroleum and Petroleum Products,'' approved July 1, 2022.
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The rest of this section describes several additional proposed
provisions for in-line blending waivers to provide further flexibility,
or to provide EPA with additional information to help with overseeing
in-line blending processes.
We request comment on the proposed amendments for in-line blending
waivers. In particular, we note that in some cases fuel manufacturers
are already including elements of the proposed additional information
in their existing in-line blending waivers and accordingly invite those
fuel manufacturers to describe how their experiences either align with
the proposed provisions or lead them to make specific recommendations
for adjusting the proposed provisions, along with any appropriate
supporting information.
1. Scope of Measurements and Sampling Frequency
EPA is proposing to require fuel manufacturers to identify which
blendstock parameters will be measured for managing the blending
process and the typical sampling frequency for those measurements. This
would enable EPA to better understand the fuel manufacturer's ability
to manage the blending process to keep fuel parameters within targeted
values over the course of the blend and to not exceed per-gallon
standards.
Regarding sampling frequency, the general instruction for automatic
sampling at 40 CFR 1090.1335(c) is to follow ASTM D4177 and to create a
composite sample from at least 9,604 grabs to represent the batch, with
a secondary specification to collect samples with a sampling frequency
that does not exceed 20 seconds throughout the batch. The underlying
objective is to require a sampling frequency that corresponds to a
margin of error of 0.01. EPA is proposing to amend 40 CFR 1090.1335(c)
to include a direct reference to the 0.01 error specification to allow
for less frequent sampling, as long as sampling does not exceed a
margin of error of 0.01. In addition, we recognize that such a sampling
frequency may be difficult to achieve for certain batch
characteristics. EPA is therefore proposing to allow fuel manufacturers
to describe in their in-line blending waiver requests circumstances in
which they cannot meet the requirement to achieve a margin of error at
or below 0.01. Any fuel manufacturer in those circumstances must
quantify their measurement variability and adjust target values as
needed to account for the greater margin of error. This proposed
approach is intended to accommodate special circumstances without
relaxing the per-gallon standards that apply for the fuel.
2. Reduced Spot Sampling for Small Batches
As described in Section II.A, automatic sampling generally requires
collection of head, middle, and tail samples to confirm that the
blended fuel meets all applicable per-gallon standards across the
batch. We acknowledge that collecting all three of these spot samples
can be difficult for small batches due to the logistics of collecting
and analyzing samples during the blending process. EPA is therefore
proposing that in-line blending waivers may allow for reduced sampling
requirements for certain batch sizes to provide additional flexibility.
Specifically, EPA is proposing to allow for collecting a single sample
anytime during the blend for a batch involving up to 8 hours of
blending or up to 1 million gallons of fuel, and for
[[Page 70051]]
collecting two evenly distributed samples during the blend for a batch
involving up to 16 hours of blending or up to 2 million gallons of
fuel. These specified values would be based on actual volume and
duration. If a batch volume or duration extends beyond what was
anticipated and exceeds the specified threshold for relief from
sampling requirements, that would trigger the need to collect
additional samples. We request comment on whether the proposed
threshold values for volume and duration should be adjusted to larger
or smaller volumes to properly reflect the competing interests of
reducing test burden for small batches and ensuring that the whole
batch meets requirements. We also request comment on whether to apply
the reduced sampling requirements based on meeting the specified
threshold values for both the volume and duration of the batch, rather
than just one or the other.
Another possible challenge for complying with the requirement to
collect head, middle, and tail samples for automatic sampling is the
possibility of process dynamics that cause the fuel manufacturer to
terminate the batch earlier than planned. Any number of factors may
cause the early termination, and the termination may involve different
levels of urgency. We are aware that such an early termination may not
allow for an orderly process of collecting all the required fuel
samples. EPA is therefore proposing that in-line blending waivers may
allow for failing to perform required tests. The allowance for reduced
sampling and testing would be limited to unforeseen circumstances. When
the unforeseen circumstances allow for it, fuel manufacturers should
collect required samples whenever possible. This may involve shifting
toward an earlier collection when there is uncertainty about blending
duration for the batch, and there should be an effort to adjust plans
for an earlier collection when the adjusted batch termination allows
for it. However, to ensure that fuel manufacturers do not always rely
on this reduced-sampling option, EPA is proposing that fuel
manufacturers may exercise this reduced-sampling option for no more
than 10 percent of their in-line blending batches for the calendar
year.\6\ If a fuel manufacturer exceeds the 10 percent limit, EPA may
consider that their in-line blending waiver has proven inadequate in
practice.\7\ We request comment on these proposed provisions, including
on the appropriateness of capping the allowance for reduced sampling to
10 percent of annual batches.
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\6\ We note that we have already allowed fuel manufacturers to
use this proposed approach of a 10 percent limit under the current
regulations as a way to address situations where reduced sampling
and testing of in-line blending batches is necessary.
\7\ 40 CFR 1090.20(d) and (e).
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3. Contingency Plans for Equipment Failure
Some current in-line blending waivers include provisions that
describe how the fuel manufacturer would respond if their essential
test equipment fails, which we believe is an important contingency to
plan for. EPA is therefore proposing that all in-line blending waivers
include this element of emergency planning. Rather than specifying a
standard practice, EPA is proposing that fuel manufacturers describe
their contingency plans for alternative sampling and testing in cases
involving failure of the automatic compositor or other essential
equipment. Such contingency plans might appropriately consider a wide
range of possible scenarios. The overall goal of this contingency plan
would be to preserve the ability to collect an appropriate sample to
properly represent the batch for purposes of demonstrating that the
fuel meets all applicable per-gallon standards. EPA is proposing to
require that, where possible, contingency plans include collecting a
second composite sample with a redundant system to minimize the risk of
shipping fuel without proper documentation for compliance, or
alternatively to avoid the burden of finding a different sampling
method to demonstrate compliance.
4. Alternative Compliance Demonstration To Remedy Noncompliance
The current regulation contains a general requirement to
demonstrate that a batch of fuel, fuel additive, or regulated
blendstock meets all applicable per-gallon standards before any portion
of the batch leaves the facility.\8\ In-line blending waivers create an
exception to that general requirement, with the understanding that the
terms and conditions for a specific facility's blending process
includes process controls to give adequate assurance that fuel from in-
line blending will comply with all applicable per-gallon standards. The
question of possible remedies by a fuel manufacturer arises when
considering the possibility of test results showing that fuel coming
out of an in-line blending process does not in fact meet all applicable
per-gallon standards. To the extent that fuel has already left the
facility, EPA would expect to take appropriate action to address the
violation of failing to meet standards. However, fuel manufacturers may
be able to take further measures before the blended fuel leaves the
facility to demonstrate that the fuel meets all applicable per-gallon
standards. Such remedies would involve additional testing, and it may
also involve modifying or further blending the fuel to comply. EPA is
proposing to allow fuel manufacturers to specify an alternative
sampling demonstration in their contingency plan if an automatic
sampling test result fails to meet an applicable per-gallon standard,
as opposed to being subject to EPA action to address the violation of
failing to meet standards.
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\8\ 40 CFR 1090.1310(b).
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The proposed amendment identifies two example remedies that would
be available as long as the fuel remains at the facility. First, we
describe batch certification based on manual sampling in a tank if the
fuel manufacturer collects the entire batch of blended fuel represented
by the noncompliant test result in the tank before it leaves the fuel
manufacturing facility gate. Second, we describe batch certification
based on secondary automatic sampling as fuel comes out of a holding
tank used to collect the fuel that failed to meet a per-gallon
standard. Such an approved alternative sampling demonstration would
allow the fuel manufacturer to disregard the earlier failing result if
the subsequent valid measurements show that all shipped fuel meets all
applicable per-gallon standards.
C. Process for Amending In-Line Blending Waivers
Section II.B describes additional information for fuel
manufacturers to include in in-line blending waivers. In most cases,
fuel manufacturers already include the proposed information in their
approved in-line blending waivers. However, in some cases, fuel
manufacturers will likely need to make updates to their approved in-
line blending waivers to comport with the proposed changes. EPA is
therefore proposing that all in-line blending waivers must comply with
the proposed new specifications starting March 1, 2025, with all the
proposed new flexibilities being optionally available before that
deadline.
To accommodate the timely review of these anticipated changes and
other periodic updates to fuel manufacturers' in-line blending waivers,
EPA is also proposing changes to the process for amending approved in-
line blending
[[Page 70052]]
waivers. EPA is proposing to specify that requests for an amended
waiver must include a description of the intended changes and a
comparison document that comprehensively and clearly identifies the
proposed changes to the waiver. The request must also include the
statement attesting to the truthfulness of the submitted information,
as described in Section III.B. These proposed specifications are
intended to standardize the format and substance of the information
submitted for the requested approval, with the intent of streamlining
EPA review of the submitted material. It is particularly important for
the comparison document to include all intended changes to the approved
in-line blending waiver so that EPA staff can focus their review on the
suggested amendments to the waiver instead of previously approved
elements of the waiver.
While these proposed specifications for requests to amend in-line
blending waivers will facilitate timely review by EPA staff, we are
aware that fuel manufacturers depend on timely processing of their
requests even when circumstances lead to a protracted review period.
EPA is therefore proposing that approval of a waiver amendment request
is deemed to be effective 60 days after EPA acknowledges receiving the
request if there is no further EPA response to the request. Keying the
date to our acknowledgement is important to avoid a case where the fuel
manufacturer submits the request in a way that does not come directly
to our attention. An EPA response to the request may be in the form of
denying the request, identifying deficiencies, or requiring additional
information. Under the proposed approach, if EPA identifies
deficiencies or requires additional information, the deemed approval
date would be 60 days after EPA acknowledges receipt of the subsequent
submission that addresses the deficiencies or includes the requested
information.
Considering the proposed timing items together, fuel manufacturers
could expect requests to amend their in-line blending waivers to comply
with the proposed new requirements to be deemed approved by the March
1, 2025, deadline if the requests are submitted by December 31, 2024.
We also note that depending on when the final rule promulgating these
changes becomes effective, EPA may also extend the proposed March 1,
2025, deadline to provide fuel manufacturers sufficient time to update
their in-line blending waivers to meet the proposed new specifications.
We request comment on whether additional time is needed for fuel
manufacturers to update their in-line blending waivers to meet the
proposed new specifications.
D. Changes to Manual Sampling Provisions
EPA is proposing to allow for the collection of spot samples or tap
samples to be used as a default method in addition to the currently
specified ``running'' or ``all-levels'' sampling. Under the current
regulation, a fuel manufacturer must collect a ``running'' or ``all-
levels'' sample from the top of the tank and may use tap sampling or
spot sampling to collect upper, middle, and lower samples only ``if a
running or all-levels sample is impractical for a given storage
configuration.'' \9\ Since finalization of the streamlining rule,
stakeholders have expressed concern over the ambiguity of the term
``impractical'' and contended that tap or spot sampling is as robust as
running or all-levels sampling. EPA agrees that testing with spot
samples or tap samples can be used to routinely collect tank samples
for testing. Homogeneity requirements further ensure that spot samples
and tap samples can properly represent the batch. EPA is therefore
proposing to allow spot sampling and tap sampling to be treated on par
with running or all-levels sampling.
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\9\ 40 CFR 1090.1335(b).
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E. Homogeneity Samples Used for Batch Certification
The streamlining rule added provisions describing a much more
detailed approach for demonstrating that a batch can be considered
homogeneous when drawing manual samples for certification.\10\ Industry
efforts to comply with these more detailed specifications have led to
requests for EPA to provide further clarification and adjustments to
accommodate several specific circumstances.
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\10\ 40 CFR 1090.1337.
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1. Waivers From the Homogeneity Requirement
Under the current regulations, the homogeneity requirement is
waived for several certain situations.\11\ EPA is proposing to waive
the homogeneity requirement for three additional circumstances. First,
we recognize that homogeneity testing is impractical for horizontal
tanks used for storing ethanol denaturant. Therefore, EPA is proposing
to waive the homogeneity requirement for horizontal tanks with a
circular or elliptical cross section and with a volume less than 42,000
gallons to align with current practice for storing ethanol denaturant.
The proposed waiver includes a requirement to draw samples from the
approximate mid-depth of the product level to ensure that the measured
parameters best represent the batch.
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\11\ 40 CFR 1090.1337(a).
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Second, EPA is proposing to waive the homogeneity requirement for
certified butane and certified pentane. Certified butane and certified
pentane are stored under pressure, which makes it impractical to
collect homogeneity samples using the methods of ASTM D4057.\12\
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\12\ ASTM D4057-22, ``Standard Practice for Manual Sampling of
Petroleum and Petroleum Products,'' approved May 1, 2022.
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Third, we are aware that a small number of fuel tanks allow for tap
sampling only at ground level, along with sampling from the roof.
Homogeneity testing with such a tank configuration therefore depends on
sampling from the roof. Section II.D describes how EPA is proposing to
allow tap sampling as a method that is equivalent to running or all-
levels sampling. Based on those same concerns, we are aware that
homogeneity testing is not possible with a tank that has only a single
location for tap sampling when it is not an option to sample from the
roof. EPA is proposing to allow an alternative homogeneity
demonstration when inclement weather prevents sampling from the roof
for such a fuel tank based on prior approval of a mixing process that
has been shown to achieve homogeneity. The mixing demonstration must
apply for the specific tank configuration and include consideration of
a range of product types, fill levels, and other relevant parameters to
ensure that the specific circumstances that apply for a given
certification support the conclusion that the mixed fuel would meet
homogeneity specifications. Anyone relying on this waiver from the
homogeneity requirement would be required to keep records documenting
EPA approval of the mixing procedure, the specific actions taken to
follow the approved mixing procedure, and the forcing weather event.
We request comment on these three additional waivers from the
homogeneity requirement, and on any other circumstances where
collecting samples to meet homogeneity specifications is impractical or
infeasible. Any suggestion for additional waivers from the homogeneity
requirement should describe the need for relief and any possible
mitigating
[[Page 70053]]
factors or actions that would address concerns for variability of
measured properties from different samples. We also request comment on
the proposed qualifying conditions and corresponding compliance
requirements for each of the proposed additional waivers from the
homogeneity requirement.
2. Homogeneity Testing Requirements
EPA is proposing to clarify homogeneity testing requirements for
special cases.\13\ The first case addresses homogeneity test results
that fall below the lower range for a given parameter. The homogeneity
demonstration depends on showing that multiple samples collected in
different places inside the tank have measured values that are
consistent. Test results are not helpful for comparing results across
samples if measured values are at or below the lower limit of the test
method. EPA is therefore proposing to disallow using measurements for
demonstrating homogeneity if multiple measured values are at or below
the pooled limit of quantitation (PLOQ), laboratory limit of
quantitation (LLOQ), or the valid range of the test method. In those
cases, EPA is proposing that homogeneity testing would instead be based
on one of the following: (1) Testing with a different qualifying, valid
test method for the same parameter; or (2) Testing a different
parameter identified in 40 CFR 1090.1337(d) and (e). For example, if a
fuel manufacturer tested a summer gasoline for both RVP (required) and
sulfur, and multiple sulfur measurements using ASTM D2622 \14\ were
below the valid range of the test method, EPA is proposing that the
fuel manufacturer could not use those values to demonstrate
homogeneity. In this situation, the fuel manufacturer would need to
perform homogeneity testing by one of the following: (1) Measuring
sulfur with an approved alternative test method; (2) Measuring benzene
with the referee test method or an approved alternative test method; or
(3) Measuring density or API gravity using one of the test methods
specified in 40 CFR 1090.1337(d)(1).
---------------------------------------------------------------------------
\13\ 40 CFR 1090.1337(f).
\14\ ASTM D2622-16, ``Standard Test Method for Sulfur in
Petroleum Products by Wavelength Dispersive X-ray Fluorescence
Spectrometry,'' approved January 1, 2016.
---------------------------------------------------------------------------
The second case relates to testing that includes results for more
than the required number of parameters. Homogeneity testing for
gasoline, gasoline treated as blendstock (GTAB), and transmix gasoline
product (TGP) involves measurements of at least two parameters, while
homogeneity testing for diesel fuel involves measurements of at least
one parameter. A laboratory may have commercial or other reasons to
perform measurements that include more than the minimum number of tests
for demonstrating homogeneity. EPA is proposing that if more than the
required parameters are tested, homogeneity testing fails when testing
for any parameter other than density or API gravity does not meet the
applicable homogeneity criterion.
The third case is for density or API gravity results that fall
above the current scope of ASTM D4052.\15\ For valid testing, ASTM
D4052 currently specifies an upper limit of 66[deg] API. EPA is
proposing to temporarily allow using test results above 66[deg] API for
homogeneity testing with ASTM D4052. Calculations for samples that
exceed 66[deg] API would be based on the same equation that applies for
results that are (51-66[deg] API). The proposed allowance applies only
for testing performed with ASTM D4052 through December 31, 2026. This
temporary provision allows for continued testing for this commonly used
test method, with the expectation that the ongoing ASTM process for
updating the test method will allow for valid measurements above
66[deg] API by the end of 2026. EPA is aware that ASTM has started the
process to update the precision statements for ASTM D4052, which would
allow for expanding the acceptable upper API gravity range in the
specified timeframe.
---------------------------------------------------------------------------
\15\ ASTM D4052-18a, ``Standard Test Method for Density,
Relative Density, and API Gravity of Liquids by Digital Density
Meter,'' approved December 15, 2018.
---------------------------------------------------------------------------
These proposed changes are intended to clarify how to apply the
established homogeneity principles for addressing the identified
special circumstances. We request comment on the proposed provisions
and whether the proposed end of the temporary provisions (i.e., the end
of 2026) is enough time for ASTM to complete its inter-laboratory study
and update ASTM D4052.
F. Retaining Samples
Fuel manufacturers and oxygenate producers are currently required
to retain untested (or less tested) samples for summer gasoline and
tested (or most tested) samples for winter gasoline, diesel fuel, and
oxygenate.\16\ The requirement for such parties to retain tested
samples (other than summer gasoline) was based on minimizing any test
differences for cases involving EPA duplication of measurements already
made to certify a batch. The requirement for retaining untested samples
of summer gasoline was based on ASTM 5191,\17\ which calls for RVP
measurements to be from an aliquot that is the first test specimen
withdrawn from a sample container.
---------------------------------------------------------------------------
\16\ 40 CFR 1090.1345.
\17\ ASTM D5191-22, ``Standard Test Method for Vapor Pressure of
Petroleum Products and Liquid Fuels (Mini Method),'' approved July
1, 2022.
---------------------------------------------------------------------------
Industry stakeholders have expressed concern about the burden of
complying with these sample retention requirements. We acknowledge that
the advantage of repeating a measurement on a tested sample is offset
by the risk that the sampling process could introduce errors caused by
changing the characteristics of the sample. Accordingly, EPA is
proposing to simplify the sample retention regulations by requiring
parties to only retain an untested sample that is representative of the
batch. This proposed approach relies on the principle that
demonstrating homogeneity allows for any sample from the batch to be
used for measurements to establish test values to characterize the
batch. Untested samples allow for testing summer gasoline for RVP, and
they provide an unadulterated starting point for measuring any other
parameters.
We request comment on the proposed simplified instruction for
retaining samples, specifically on the relative risks of introducing
measurement error from using tested and untested samples to make new
measurements, the need to allow for additional flexibility to retain
tested samples in certain circumstances, and the need for separate
instructions for batches not demonstrated to be homogeneous.
G. Homogeneity Testing of PCG
The regulations specify requirements that apply for a refiner or
blending manufacturer that adds blendstock to previously certified
gasoline (PCG) to produce a new batch of gasoline.\18\ Refiners and
blending manufacturers can meet the requirements based on either
``compliance by subtraction'' or ``compliance by addition.'' The
streamlining rule established that homogeneity requirements apply to
the blendstocks and finished gasoline for compliance by addition but
did not address homogeneity for compliance by subtraction for the
PCG.\19\ Compliance by subtraction in many cases does not depend on
homogeneity testing because the relevant fuel parameters for the PCG
are already known, as the PCG previously underwent certification
testing consistent with the sampling and
[[Page 70054]]
testing requirements in 40 CFR part 1090, subpart N. However, if a
batch of PCG was mixed with other batches of PCG or if the batch of PCG
was exempt from homogeneity testing under 40 CFR 1090.1337(a)(4), the
relevant fuel parameters are not known, and the batch of PCG should be
demonstrated to be homogeneous prior to testing for compliance by
subtraction to ensure the test results are valid. As such, EPA is
proposing to require homogeneity testing for compliance by subtraction
if blending involves multiple batches of PCG, or if a single batch of
PCG was certified without demonstrating homogeneity under 40 CFR
1090.1337(a)(4). Homogeneity testing for these cases ensures that
tested samples properly represent the batch after blending.
---------------------------------------------------------------------------
\18\ 40 CFR 1090.1320.
\19\ Note that the finished gasoline created in a PCG compliance
by subtraction situation must meet the homogeneity requirements.
---------------------------------------------------------------------------
We request comment on applying homogeneity requirements in these
specific circumstances related to compliance by subtraction. We also
request comment on either further narrowing these specified
circumstances or adjusting the proposal to require homogeneity testing
more broadly. We also request comment on how to address the situation
where a party blends an aborted in-line blending batch of gasoline into
a tank that also contains PCG with unknown parameters prior to leaving
the fuel manufacturing facility.
H. Precision and Accuracy Demonstration
The streamlining rule carried the principles for the Performance-
based Measurement System (PBMS) from 40 CFR part 80 into 40 CFR part
1090. The streamlining rule added specifications to clarify how to
apply quality-control testing requirements for meeting precision and
accuracy requirements. Demonstrating precision and accuracy is critical
for ensuring that test results are valid and properly represent the
sample.\20\ In reviewing program implementation for quality-control
testing, we recognized the need to address two shortcomings. First,
while in-house testing for accuracy requires that test results meet
specifications, the option to demonstrate compliance with accuracy
requirements by periodically participating in a crosscheck program does
not identify a ``fail'' condition for nonconforming test results.
Second, for both precision and accuracy, the regulations do not
describe the consequence for failing to meet requirements.
---------------------------------------------------------------------------
\20\ 40 CFR 1090.1375.
---------------------------------------------------------------------------
EPA is proposing that any of the following outcomes would result in
a failed test result from a crosscheck program and thus are not valid
for demonstrating compliance with accuracy requirements:
The crosscheck program does not have a robust accepted
reference value (ARV) based on the check standard requirements in
Section 6.2 of ASTM D6299.\21\
---------------------------------------------------------------------------
\21\ ASTM D6299-23a, ``Standard Practice for Applying
Statistical Quality Assurance and Control Charting Techniques to
Evaluate Analytical Measurement System Performance,'' approved
December 1, 2023.
---------------------------------------------------------------------------
The difference between the test result and the ARV is
greater than the maximum allowable difference for accuracy under 40 CFR
1090.1375.
The difference between the test result and the ARV is
greater than the method-defined limit for check standard accuracy, if
applicable.
The measured value lies outside of two Z-scores.\22\
---------------------------------------------------------------------------
\22\ The Z-score is a standardized dimensionless measure of the
difference between an individual result in a data set and the sample
arithmetic mean.
---------------------------------------------------------------------------
If test results from a crosscheck program are found to be invalid
for demonstrating compliance, EPA is proposing to allow a laboratory to
make timely corrections to avoid a compliance or enforcement
consequence. Specifically, EPA is proposing that the laboratory would
need to respond to a problematic test result by performing a root cause
analysis and correcting the problem, which we understand to already be
standard practice across the industry. The laboratory would need to
document the findings of the root cause analysis and the steps taken to
correct the problem. Under this proposal, the laboratory would have a
grace period to continue testing for 35 days without being out of
compliance. After that grace period, the laboratory would need to
demonstrate that they again meet accuracy and precision requirements.
The laboratory would be considered to continue to meet accuracy
requirements if, after correcting the problems identified by the root
cause analysis, in-house testing meets accuracy requirements using a
check standard qualified by a third party. Alternatively, the
laboratory could participate in the next crosscheck program and receive
test results meeting specifications. We believe the proposed deadline
for correcting issues represent a reasonable timeframe for taking
remedial action and getting new test results.
Failing to meet precision or accuracy requirements indicates that
test instruments are not suitable for generating valid test results for
certification. As a result, EPA is proposing to specify that presumed
fuel parameters \23\ would apply any time a laboratory fails to meet
precision or accuracy requirements that prevent it from demonstrating
compliance with standards using valid test results. For meeting
accuracy requirements by participating in a crosscheck program, the
presumed fuel parameters would apply only if the laboratory failed to
correct the problems identified by the root cause analysis and repeat
testing with valid test results within the specified timeframe. On the
other hand, if corrective action is not taken to remedy the failing
result within the specified timeframe, the presumed fuel parameters
would apply for all relevant tests starting on the date the laboratory
received the first failing report from the crosscheck program.
---------------------------------------------------------------------------
\23\ 40 CFR 1090.1710(g).
---------------------------------------------------------------------------
We request comment on these proposed revisions to precision and
accuracy requirements. We specifically request comment on the proposed
criteria for evaluating test results from crosscheck programs, the
proposed process and timeline for remedying an adverse result from
crosscheck programs, and the proposed approach and timeline to address
a finding that a laboratory has failed to meet precision and accuracy
requirements.
The proposed criteria for crosscheck programs create a boundary to
ensure that individual test results are accurate for purposes of
meeting standards; they do not address a scenario in which a laboratory
would manage measurement error in a way that consistently undershoots
the true value by a small amount. We accordingly request comment on
specific provisions that would address such a possibility of long-term
bias in test results.
It bears note that these proposed revisions narrowly address
failures to meet precision and accuracy requirements in quality-control
testing under 40 CFR 1090.1375. Any broader or different failure to
meet testing specifications under 40 CFR part 1090 would be treated as
its own violation based on the circumstances that apply.
I. Excluding SQC Data Points
EPA is proposing to allow for the exclusion of certain test results
from statistical quality control (SQC) testing, as long as the fuel
manufacturer or their third-party laboratory meets certain criteria.
The regulations currently incorporate by reference ASTM D6299-20;
however, neither 40 CFR part 1090 nor ASTM D6299-20 clearly addresses
how to handle suspected outlier results obtained as part of SQC
testing.\24\ Since
[[Page 70055]]
the streamlining rule was promulgated in 2020, however, ASTM has
updated this method to ASTM D6299-23a, which allows for the exclusion
of outliers in SQC testing. Fuel manufacturers have asked EPA to update
its incorporation by reference of ASTM D6299-20 in 40 CFR part 1090 to
ASTM D6299-23a to also address outliers as part of SQC testing. EPA is
proposing to update the regulations to reference the updated standard.
---------------------------------------------------------------------------
\24\ 40 CFR 1090.95(c)(30) and 1090.1375.
---------------------------------------------------------------------------
The purpose of SQC testing is to ensure that a fuel manufacturer or
their third-party laboratory is conducting valid tests to ensure
compliance with EPA's fuel quality requirements. Under ASTM D6299-23a,
excluding an SQC test result can be appropriate under two scenarios:
Scenario 1: When identified as an outlier using an
appropriate statistical test, such as the Generalized Extreme
Studentized Deviate (GESD), and evidence gathered from an investigation
supports the exclusion. Supporting evidence could include a
transcription error or other assignable cause that is not part of the
normal process and needs to be properly documented.
Scenario 2: During what is perceived to be normal
operations of the SQC process, an SQC test result might fall outside of
the Upper or Lower Control Limit, which is a strong indication of a
system that is out-of-statistical-control (OOS). However, an immediate
retest SQC sample should be performed to confirm the OOS event. If the
retest indicates the system is in control as described in ASTM D6299-
23a, then the OOS is not confirmed and the original SQC result might be
excluded following further statistical analysis as addressed in section
A1.5.4.1 of ASTM D6299-23a.
To provide clarity, EPA is proposing to allow outliers to be
excluded from SQC samples--but not certification samples--under the
certain circumstances outlined in ASTM D6299-23a.
However, we are concerned that parties may dub certain test results
as outliers even though the test result is valid and should be included
as part of SQC simply because the party does not like the test result.
Therefore, EPA is also proposing to add recordkeeping requirements for
exclusion events. If SQC data are excluded using the protocols outlined
in ASTM D6299-23a, the laboratory would need to document the result as
well as the assignable cause and justification for exclusion. EPA
expects that SQC exclusions should be visible on the user's quality
control chart while at the same time be excluded from ongoing SQC
statistics. Under this proposed approach, if EPA determines that the
assignable cause for a test result treated as an outlier was not
consistent with the circumstances described in ASTM D6299-23a, then
such a test result would need to be retroactively included in the
party's SQC. Furthermore, if documentation of the result as well as the
assignable cause and justification are not maintained, EPA is proposing
that the test result must also be included as part of the party's SQC.
We request comment on this proposed approach to excluding outliers
for SQC testing.
J. Testing of Oxygenates for PCG Under Compliance by Subtraction
EPA is proposing a separate procedure for blending manufacturers
that make a new batch of fuel with PCG that was a gasoline before
oxygenate blending (BOB) and do not want to account for oxygenate added
downstream under the compliance by subtraction provisions at 40 CFR
1090.1320(a)(1).\25\ Under the existing regulations, a blending
manufacturer certifying a batch using the PCG by subtraction procedures
must create a hand blend of the PCG if the PCG was a BOB to determine
the parameters of the PCG that will be used for the blending
manufacturer's compliance calculations.\26\ EPA established this
requirement to ensure consistent accounting of sulfur and benzene
levels of the PCG and believes that this approach is reasonable in the
case where both the manufacturer of the PCG (a BOB in this case) and
the manufacturer of the new finished fuel have accounted for oxygenate
added downstream. However, after finalization of the streamlining rule,
one stakeholder suggested that the creation of a hand blend for the PCG
would not result in an accurate accounting of sulfur and benzene levels
of the new finished fuel if the manufacturer of such fuel did not
account for oxygenate added downstream. Rather, this stakeholder
highlighted that testing both the PCG and the finished fuel without the
addition of oxygenates would result in the correct sulfur and benzene
levels of the reported sulfur and benzene values for average annual
compliance if the manufacturer did not intend to account for oxygenate
added downstream. Thus, in this circumstance there is no need to create
a hand blend. EPA agrees with this assessment and as such is proposing
to clarify the regulations to accommodate the scenario where a blending
manufacturer complies by subtraction for PCG and does not account for
oxygenate added downstream. Under this proposal, the blending
manufacturer would test and report the sulfur and benzene values of the
PCG and the finished fuel without the addition of oxygenates, which
would be netted during the fuel manufacturer's annual compliance
demonstration to report the correct sulfur and benzene values of the
added blendstock. EPA still believes blending manufacturers that use
the compliance by subtraction provisions to certify batches of fuels
produced from PCG and elect to account for oxygenate added downstream
should follow the existing requirement to create a hand blend of both
the PCG and the finished fuel and are therefore not proposing to change
that requirement. We request comment on this approach.
---------------------------------------------------------------------------
\25\ Under EPA's fuel quality regulations, a gasoline
manufacturer may add additional blendstocks to PCG to create a new
batch of gasoline so long as the gasoline manufacturer certifies the
new batch as meeting all applicable per-gallon standards, and
properly accounts for the sulfur and benzene levels of the gasoline
manufacturer's annual average compliance calculations. The
regulations at 40 CFR 1090.1320 provide two options for the
certification of a new batch using PCG. First, the gasoline
manufacturer may directly measure the gasoline and sulfur levels of
the added blendstock and report those measurements and the volume as
a positive batch thereby adding those values to the gasoline
manufacturer's annual sulfur and benzene compliance calculations;
this procedure is called compliance by addition. The gasoline
manufacturer may also determine the sulfur and benzene levels of the
new blendstocks by measuring the sulfur and benzene levels of the
PCG and the finished fuel then subtracting the PCG from the finished
fuel to determine the values of the added blendstock; as such, this
procedure is called compliance by subtraction. Gasoline
manufacturers often use the compliance by subtraction method for PCG
because it is often impractical to directly measure the sulfur and
benzene values of blendstocks.
\26\ 40 CFR 1090.1320(a)(1).
---------------------------------------------------------------------------
III. Other Technical Amendments
A. Definition of Batch
EPA is proposing to modify the definition of batch to better align
with how the sampling and testing regulatory provisions establish the
values for the regulated parameters for batches. Under the current
definition, a batch is defined as a ``quantity of fuel, fuel additive,
or regulated blendstock that has a homogeneous set of properties.''
\27\ The definition notes further that ``[t]his also includes fuel,
fuel additive, or regulated blendstock for which homogeneity testing is
not required under Sec. 1090.1337(a).'' Since this definition was
promulgated in the streamlining rule, industry stakeholders have
identified that the definition appears inconsistent because it says
that a batch must be homogeneous, but the
[[Page 70056]]
regulations also allow for certifying a batch without demonstrating
homogeneity. It is also the case that fuel produced with in-line
blending procedures is not subject to any homogeneity requirement. To
address these concerns, EPA is proposing to revise the definition of
batch to mean ``a quantity of fuel, fuel additive, or regulated
blendstock with properties that can be characterized by a single set of
values using the measurement procedures in subpart N of this part.'' We
believe this framing better reflects our intent to have the values
established through the sampling and testing provisions reflect the
volume identified as the batch for manual sampling in cases where
homogeneity has been determined and in cases where a party is allowed
to certify a batch without demonstrating homogeneity. The proposed
definition also aligns with the requirement that fuel manufacturers
using in-line blending must collect a single composite sample that
represents the whole batch being certified. We request comment on this
revised definition.
---------------------------------------------------------------------------
\27\ 40 CFR 1090.80.
---------------------------------------------------------------------------
B. Truthful Reporting
EPA is proposing to clarify a requirement that applies to all
information submitted to the Agency. Parties that submit information to
EPA must, among other things, ensure that the information is complete,
accurate, and not misleading according to the submitter's personal
knowledge and belief. This requirement is codified at 18 U.S.C. 1001
and in several other statutory provisions. EPA's data systems--such as
DCFuel and the EPA Moderated Transaction System (EMTS)--require the
submitter to actively acknowledge this responsibility. For DCFuel, the
submitter confirms that the information ``meets all the requirements of
the'' applicable regulations by actively checking the certification
box. Similarly, when information is submitted through EMTS, the
submitter certifies that, ``the information shown is a correct and
accurate account of the transaction(s) that have taken place'' or,
``under penalty of law, that the information provided in this document
is, to the best of [the submitter's] knowledge and belief, true,
accurate, and complete. [The submitter is] aware that there are
significant penalties for submitting false information, including the
possibility of fines and imprisonment for knowing violations.'' When
information is submitted to EPA through email, however, there is
currently no equivalent certification made, though the same requirement
to submit complete, accurate, and not misleading information still
applies. Therefore, EPA is proposing to add language in 40 CFR 1090.20
to ensure that the regulated community is aware that this obligation
applies to all information submitted under 40 CFR part 1090, regardless
of the form of that submission. We note that the statutory requirement
to submit complete, accurate, and not misleading information applies
with or without the proposed regulatory clarification. We request
comment on this language.
C. Clarification of RVP Standard in Federal 7.8 psi RVP Areas
EPA is proposing to correct the RVP standards for federal 7.8 psi
RVP areas to allow for the use of 9.0 psi RVP summer gasoline in
federal 7.8 psi RVP areas during the month of May. Prior to the
streamlining rule, gasoline used in federal 7.8 psi RVP areas had to
meet a 9.0 psi RVP standard during the month of May and a 7.8 psi RVP
standard for the remainder of the summer season (i.e., June 1 to
September 15). In the gasoline RVP standards specified in 40 CFR part
1090.215, EPA inadvertently modified the RVP standard for federal 7.8
psi RVP areas for the month of May in transcribing the previous RVP
standards table in 40 CFR 80.27. This proposed revision would fix that
transcription error.
D. National Fuel Survey Program Notifications
EPA is proposing that independent surveyors include additional
information in notifications to EPA and branded fuel manufacturers when
the surveyor identifies potential non-compliance as part of the NFSP.
Under the current NFSP requirements, the independent surveyor utilizes
information about retail outlets to identify potential locations and
ultimately randomly selects retail outlets for sampling. When the
independent surveyor collects samples, it tests the sample to determine
whether it meets the applicable fuel quality standards. If a test
result exceeds one or more applicable standards, the independent
surveyor is required to notify EPA, the retailer, and the branded fuel
manufacturer (if applicable) within 24 hours of identifying the issue.
The current regulations do not specify that the surveyor indicate the
contact information of the retail outlet in the notification provided
to EPA or the branded fuel manufacturer (if applicable), even though
the independent surveyor has this information readily available. Based
on EPA's experience with the NFSP to date, we believe that including
such information as part of the notifications for potentially non-
compliant samples would help EPA and branded fuel manufacturers more
expeditiously resolve these issues consistent with EPA's original
intent in setting up the NFSP. As such, EPA is proposing that any
notification to EPA or a branded fuel manufacturer of a potential non-
compliant sample would be required to include the retail outlet's
contact information, including name, title, mailing address, telephone
number, and email address of a representative of the retail outlet, if
available. We request comment on this proposed requirement.
E. Fuel Certification With Domestic Marine Vessels
Several stakeholders requested flexibility to meet testing
requirements for fuel certification when loading gasoline or diesel
fuel onto domestic marine vessels, specifically by sampling and testing
with the procedures that apply for importing fuel on marine vessels as
specified in 40 CFR 1090.1605. EPA is proposing to provide this
flexibility subject to the stipulations that each vessel compartment
would need to be sampled and tested independently, and that no
additional product would be loaded after sampling has been completed.
The marine vessel would also not be permitted to navigate beyond 15
miles from the fuel manufacturing facility or discharge fuel until
demonstrating compliance with all applicable per-gallon standards. This
proposed condition is intended to allow fuel manufacturers to free up
dock space while waiting on test results. However, the fuel
manufacturer would still be accountable for any noncompliance and would
maintain responsibility for addressing any noncompliance before the
fuel is discharged. EPA selected the 15-mile limit based on prior
discussions with industry and believes this distance would be
sufficient to allow for vessels to travel to free up dock space and
still return to port to bring fuel back to the fuel manufacturing
facility if an issue is identified with the fuel after it has left the
dock.
We request comment on this proposed flexibility for certifying fuel
on domestic marine vessels, including the appropriateness of the 15-
mile limit.
F. Technical Corrections
EPA is proposing numerous technical amendments to 40 CFR part 1090.
These amendments are being made to correct minor inaccuracies and
clarify the current regulations. These changes are described in Table
III.F-1. We seek comment on the proposed changes.
[[Page 70057]]
Table III.F-1--Miscellaneous Technical Corrections and Clarifications to
Fuel Quality Regulations
------------------------------------------------------------------------
Part and section of Title 40 Description of revision
------------------------------------------------------------------------
1090.50(a)............................. Removing explanatory text that
noted that the rounding
provisions at 1090.50 are
consistent with ASTM E29 and
NIST SP 811.
1090.55(b)(1), 1090.215(d)(1), and Changing the term ``retail
1090.1335(b)(3). station'' to ``retail outlet''
to be consistent with the
defined terms in 1090.80.
1090.55(b)(2).......................... Adding cross-references to
1090.1335 to ensure that
auditors for in-line blending
waivers have experience with
sampling VCSBs.
1090.55(b)(3).......................... Clarifying that auditing in-
line blending operations
requires an auditor to be
familiar with the in-line
blending waiver provisions of
1090.1315 and to demonstrate
work experience and be
proficient with the automatic
sampling procedures specified
in 1090.1335(c).
1090.80................................ Adding missing definitions of
``Distillate global marine
fuel'', ``ECA associated
area'', ``Emission control
area (ECA)'', ``Fuel additive
manufacturing facility'',
``Regulated blendstock import
facility'', and ``Regulated
blendstock production
facility''.
1090.85(g)............................. Adding paragraph to clarify
that generic terms may also be
used to refer to specific
fuel, fuel additive, or
regulated blendstock types.
1090.90................................ Adding missing acronym for
volume additive reconciliation
(VAR).
1090.110(c)............................ Removing requirement for
detergent blenders to
demonstrate compliance with
1090.260(a) and 1090.1240
because it is duplicative of
existing requirements at
1090.100(a) and 1090.110(a).
1090.215(c)............................ Adding paragraph to clarify
that the most stringent RVP
standard applies when more
than one summer gasoline RVP
standard applies in the same
geographic area.
1090.220(e) and 1090.1320(b)........... Clarifying that parties may not
blend certified butane and
certified pentane into
previously certified summer
reformulated gasoline (RFG) or
summer RBOB under
1090.1320(b).
1090.515(d)............................ Adding the term ``other'' prior
to nonroad engines to clarify
that the provision that limits
the use of 500 ppm LM diesel
in nonroad engines does not
include locomotive and marine
engines that are allowed to
use it.
1090.605, 1090.610, 1090.615, 1090.620, Amending to use consistent
1090.625, 1090.630, 1090.635, language for all exemption
1090.640, 1090.645, and 1090.650. provisions and clarifying
which exemption provisions
also apply to fuel additives
and regulated blendstocks.
1090.605(a)(1)......................... Updating national security
exemption to remove obsolete
references to engine and
vehicle emission standards.
1090.700, 1090.715, 1090.725, 1090.740, Clarifying and simplifying the
and 1090.745. existing equations for sulfur
and benzene, but not changing
the overall calculations.
1090.905(c)(1)(viii)(A), Clarifying that batch reports
(c)(2)(viii)(A), and (c)(8)(vii)(A). must include whether the 1-psi
waiver applies to the batch of
summer gasoline.
1090.905(c)(3)(i)(H)................... Removing requirement to report
RVP standard and RVP test
results for gasoline produced
from PCG using compliance by
subtraction because it is
duplicative of the reporting
requirement at
1090.905(c)(3)(ii).
1090.915(c)(5)......................... Clarifying that oxygenate
producers may report sulfur
levels as allowed under
1090.1330 instead of only
through testing.
1090.1000(e)(2)(i)(A).................. Clarifying that a certified
butane producer must test
certified butane before
transferring the certified
butane batch for delivery.
1090.1105.............................. Clarifying that the PTD
requirements of this section
apply to exempt fuel additive
and regulated blendstock in
addition to exempt fuel.
1090.1110(e)........................... Clarifying which PTD
requirements apply to gasoline
detergent and which PTD
requirements apply to
gasoline.
1090.1215(a)........................... Clarifying that distillate
global marine fuel
manufacturers must comply with
the recordkeeping requirements
of this section.
1090.1230(b)(8)........................ Removing recordkeeping
requirements for the sampling
and testing of undenatured
ethanol because they are
duplicative of the general
recordkeeping requirements for
all sampling and testing at
1090.1205(c).
1090.1240(b)(2)(ii)(B)................. Clarifying that the total
volume of detergent must be
calculated in gallons.
1090.1255(a)........................... Clarifying that a manufacturer
or distributor of 500 ppm LM
diesel fuel using transmix
must comply with the
recordkeeping requirements of
this section.
1090.1315(a)(1)........................ Amending to allow for an RCO's
delegate to submit in-line
blending waiver requests.
1090.1335(b)........................... Adding a reference to the
latest version of ASTM D4057
for manual sampling and
updating the regulation to
include proper cites to
content in ASTM D4057.
1090.1335(b)(4)........................ Adding a statement for manual
sampling to clarify that, once
the batch meets homogeneity
specifications, any properly
drawn sample may be used to
represent the batch.
1090.1335(c)........................... Reorganizing paragraph content
to align with manual sampling.
[[Page 70058]]
1090.1337(b)........................... Clarifying how samples tested
for homogeneity may be used to
certify a batch of fuel.
1090.1337(c)........................... Removing separate reference to
tap sampling, since that is
just one kind of spot
sampling.
1090.1337(d)........................... Clarifying that the homogeneity
parameters for gasoline apply
equally for GTAB and TGP.
1090.1337(d)........................... Allowing for homogeneity
testing based on density as
being equivalent to API
gravity.
1090.1337(e)........................... Expanding paragraph to describe
homogeneity testing parameters
for oxygenate and certified
ethanol denaturant.
1090.1337(f)........................... Adjusting wording to allow for
a passing result for
homogeneity testing if the
variation among measured
values is exactly equal to the
pass-fail criterion.
1090.1340(a)(1)........................ Clarifying that a hand blend
from the worst-case BOB sample
is required if fuel
manufacturers rely on worst-
case results instead of
performing homogeneity
testing.
1090.1350(c)(4)........................ Clarifying that the specified
recording precision applies
for all measured oxygenate
compounds.
1090.1355(b)........................... Updating for consistent
reference to test methods
rather than test procedures.
1090.1360(b)(1)(i)..................... Clarifying the absolute fuel
parameters by removing text
that is duplicative of the
PBMS requirements at
1090.1350(a).
1090.1365(a)(3)........................ Clarifying that qualifying a
test method applies for all
instruments needed for those
measurements.
1090.1365(b)(3)........................ Clarifying that laboratories
qualifying an alternative
method for oxygenate
measurements must include all
the oxygenate compounds
identified in the referee
method (ASTM D5599).
1090.1365(b)(3), Table 3............... Referencing an older version of
ASTM D5191 to properly
identify the version
corresponding to the specified
reproducibility value for
gasoline RVP measurements to
qualify alternative
measurement procedures.
1090.1365(c)(3)(i)..................... Narrowing the scope of the
demonstration to exclude fuel
additives and regulated
blendstocks (other than
butane) that are not covered
by PBMS.
1090.1375(c)........................... Simplifying the instruction to
select a test fuel for quality
testing by requiring that the
fuel sample have an ARV
representing fuel that is
typical for testing, rather
than requiring selecting a
sample with an ARV that is
connected to a standard. This
is especially important for
RVP measurements, where there
might be multiple standards.
1090.1375(d)........................... Decreasing the crosscheck
program requirements for RVP
testing from three to two
times per year. This is based
on RVP standards applying only
for summer gasoline.
1090.1395(a)(1)(i)..................... Clarifying that baseline fuel
for detergent testing must
contain between 8.0 and 10.0
volume percent ethanol instead
of denatured fuel ethanol
(DFE). This is consistent with
the previous provisions at 40
CFR part 80.
1090.1420(a)(2)........................ Clarifying that the two
references to ``10 volume
percent'' are referring to 10
volume percent ethanol and not
10 volume percent DFE.
1090.1450(c)(3)(ii) and (v)............ Clarifying that summer gasoline
samples that are not subject
to EPA's federal RVP standards
under 1090.630 do not need to
be tested for RVP under the
National Sampling and Testing
Oversight Program (NSTOP).
1090.1605(b)(1)(i)..................... Making explicit the assumption
that fuel in an individual
compartment on a marine vessel
is homogeneous.
1090.1605(b)(1)(ii).................... Clarifying how to demonstrate
that a composite sample is
valid.
1090.1605(b)(1)(iii)................... Clarifying that RVP
measurements are on individual
samples, not composite
samples.
1090.1610(a)(1)(i)(A).................. Removing the word ``fuel'' to
account for parameter
measurements in fuel
additives, etc.
1090.1800(a)(3)........................ Adding 1090.1800(a)(3) to
clarify that gasoline
manufacturers that transact
sulfur/benzene credits for a
compliance period but that did
not produce gasoline in that
compliance period must still
undergo an annual attest audit
for the credit transactions.
1090.1810, 1090.1815, 1090.1820, Amending to use consistent
1090.1825, 1090.1830, 1090.1835, language for all attestation
1090.1840, 1090.1845. engagement provisions.
[[Page 70059]]
1090.1, 1090.5, 1090.15, 1090.20, Correcting typographical,
1090.80, 1090.90, 1090.95, 1090.100, grammatical, and consistency
1090.105, 1090.110, 1090.130, errors.
1090.140, 1090.145, 1090.155,
1090.160, 1090.165, 1090.175,
1090.180, 1090.200, 1090.210,
1090.215, 1090.230, 1090.265,
1090.285, 1090.290, 1090.295,
1090.300, 1090.310, 1090.315,
1090.325, 1090.500, 1090.510,
1090.520, 1090.605, 1090.610,
1090.615, 1090.620, 1090.625,
1090.630, 1090.635, 1090.640,
1090.645, 1090.650, 1090.700,
1090.710, 1090.715, 1090.720,
1090.725, 1090.730, 1090.735,
1090.740, 1090.745, 1090.800,
1090.805, 1090.815, 1090.820,
1090.900, 1090.905, 1090.910,
1090.915, 1090.925, 1090.930,
1090.935, 1090.1000, 1090.1005,
1090.1010, 1090.1015, 1090.1100,
1090.1105, 1090.1110, 1090.1115,
1090.1120, 1090.1205, 1090.1210,
1090.1215, 1090.1230, 1090.1240,
1090.1245, 1090.1250, 1090.1255,
1090.1320, 1090.1335, 1090.1340,
1090.1350, 1090.1355, 1090.1365,
1090.1375, 1090.1390, 1090.1395,
1090.1400, 1090.1405, 1090.1410,
1090.1415, 1090.1420, 1090.1450,
1090.1515, 1090.1600, 1090.1610,
1090.1615, 1090.1710, 1090.1715,
1090.1800, 1090.1805, 1090.1810,
1090.1815, 1090.1820, 1090.1825,
1090.1830, 1090.1835, 1090.1840,
1090.1845, 1090.1850.
------------------------------------------------------------------------
IV. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is not a significant regulatory action as defined in
Executive Order 12866, as amended by Executive Order 14094, and was
therefore not subject to a requirement for Executive Order 12866
review.
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection burden
under the PRA. OMB has previously approved the information collection
activities contained in the existing regulations and has assigned OMB
control number 2060-0731.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, EPA concludes that the impact of concern for
this rule is any significant adverse economic impact on small entities
and that the agency is certifying that this rule will not have a
significant economic impact on a substantial number of small entities
because the rule has no net regulatory burden on the small entities
subject to the rule.
The small entities directly regulated by the RFS program are small
refiners, which are defined at 13 CFR 121.201. This action proposes
relatively minor corrections and modifications to EPA's fuel quality
regulations, and we do not anticipate that there will be any
significant cost increases associated with these proposed changes. We
have therefore concluded that this action will have no net regulatory
burden for all directly regulated small entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more as described in UMRA, 2 U.S.C. 1531-1538, and does not
significantly or uniquely affect small governments. This action imposes
no enforceable duty on any state, local, or tribal governments.
Requirements for the private sector do not exceed $100 million in any
one year.
E. Executive Order 13132: Federalism
This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. This action will be implemented at the Federal
level and potentially affects transportation fuel refiners, blenders,
marketers, distributors, importers, exporters, and renewable fuel
producers and importers. Tribal governments would be affected only to
the extent they produce, purchase, and use regulated fuels. Thus,
Executive Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. Therefore, this action is not subject to Executive
Order 13045 because it does not concern an environmental health risk or
safety risk.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR
Part 51
This action involves technical standards. Except for the standards
discussed in this section, the standards included in the regulatory
text as incorporated by reference were all
[[Page 70060]]
previously approved for incorporation by reference (IBR) and no change
is included in this action.
In accordance with the requirements of 1 CFR 51.5, we are proposing
to incorporate by reference the use of attestation standards from the
American Institute of Certified Public Accountants (AICPA). The
referenced standards may be obtained from AICPA, 220 Leigh Farm Rd.,
Durham, NC 27707-8110, (919) 402-4500, or www.aicpa-cima.org. We are
proposing to incorporate by reference the following standards from
AICPA:
----------------------------------------------------------------------------------------------------------------
Standard or test method Part and section of Title 40 Summary
----------------------------------------------------------------------------------------------------------------
AICPA Code of Professional Conduct, 1090.95 and 1090.1800..................... This updated document
updated through December 2023. describes standardized
accounting practices for
performing audits.
Statement on Standards for 1090.95 and 1090.1800..................... This updated document
Attestation Engagements No. 19, describes standardized
Agreed-Upon Procedures Engagements, practices for performing
Issued December 2019. attestation engagements.
System of Quality Management Standard 1090.95 and 1090.1800..................... This new standard describes
No. 1, A Firm's System of Quality requirements for designing
Management; Issued June 2022. quality standards.
System of Quality Management Standard 1090.95 and 1090.1800..................... This new standard describes
No. 2, Engagement Quality Reviews; quality standards for
Issued June 2022. performing attestation
engagements.
System of Quality Management Standard 1090.95 and 1090.1800..................... This new standard describes
No. 3, Amendments to Quality amended requirements for
Management Standard Section 10, ``A designing quality standards
Firm's System of Quality and performing attestation
Management'' and Section 20, engagements.
``Engagement Quality Reviews;''
Issued March 2023.
----------------------------------------------------------------------------------------------------------------
In accordance with the requirements of 1 CFR 51.5, we are proposing
to incorporate by reference the use of certain standards and test
methods from ASTM International. The referenced standards and test
methods may be obtained from ASTM International, 100 Barr Harbor Drive,
P.O. Box C700, West Conshohocken, PA, 19428-2959, (610) 832-9585, or
www.astm.org. We are proposing to incorporate by reference the
following standards from ASTM International:
----------------------------------------------------------------------------------------------------------------
Standard or test method Part and section of Title 40 Summary
----------------------------------------------------------------------------------------------------------------
ASTM D86-23ae1, Standard Test Method 1090.95 and 1090.1350..................... This updated standard
for Distillation of Petroleum describes procedures to
Products and Liquid Fuels at characterize a fuel's
Atmospheric Pressure, approved distillation parameters.
December 1, 2023.
ASTM D975-24, Standard Specification 1090.80 and 1090.95....................... This updated standard
for Diesel Fuel, approved May 1, describes parameters to
2024. characterize a range of
properties and grades of
diesel fuel.
ASTM D1319-20a, Standard Test Method 1090.95 and 1090.1350..................... This updated standard
for Hydrocarbon Types in Liquid describes procedures to
Petroleum Products by Fluorescent measure the aromatic content
Indicator Adsorption, approved of diesel fuel.
August 1, 2020.
ASTM D2163-23, Standard Test Method 1090.95 and 1090.1350..................... This updated standard
for Determination of Hydrocarbons in describes procedures to
Liquefied Petroleum (LP) Gases and measure the purity and
Propane/Propene Mixtures by Gas benzene content of butane
Chromatography, approved March 1, and pentane.
2023.
ASTM D2622-21, Standard Test Method 1090.95, 1090.1350, 1090.1360, and This updated standard
for Sulfur in Petroleum Products by 1090.1375. describes procedures to
Wavelength Dispersive X-ray measure sulfur content.
Fluorescence Spectrometry, approved
December 1, 2021.
ASTM D3231-24, Standard Test Method 1090.95 and 1090.1350..................... This updated standard
for Phosphorus in Gasoline, approved describes procedures to
March 1, 2024. measure the phosphorus
content of gasoline.
ASTM D3237-22, Standard Test Method 1090.95 and 1090.1350..................... This updated standard
for Lead in Gasoline by Atomic describes procedures to
Absorption Spectroscopy, approved measure the lead content of
October 1, 2022. gasoline.
ASTM D4052-22, Standard Test Method 1090.95 and 1090.1337..................... This updated standard
for Density, Relative Density, and describes procedures to
API Gravity of Liquids by Digital measure fuel density.
Density Meter, approved May 1, 2022.
ASTM D4057-22, Standard Practice for 1090.95, 1090.1335, and 1090.1605......... This updated standard
Manual Sampling of Petroleum and describes procedures to
Petroleum Products, approved May 1, normalize manual sampling
2022. procedures for measuring
fuel parameters.
ASTM D4177-22e1, Standard Practice 1090.95, 1090.1315, and 1090.1335......... This updated standard
for Automatic Sampling of Petroleum describes procedures to
and Petroleum Products, approved normalize automatic sampling
July 1, 2022. procedures for an in-line
blending configuration.
ASTM D4814-24a, Standard 1090.80, 1090.95, and 1090.1395........... This updated standard
Specification for Automotive Spark- describes parameters to
Ignition Engine Fuel, approved July characterize a range of
1, 2024. properties and grades of
motor gasoline.
ASTM D5186-24, Standard Test Method 1090.95 and 1090.1350..................... This updated standard
for Determination of the Aromatic describes procedures to
Content and Polynuclear Aromatic measure the aromatic content
Content of Diesel Fuels By of diesel fuel.
Supercritical Fluid Chromatography,
approved July 1, 2024.
ASTM D5191-22, Standard Test Method 1090.95 and 1090.1360..................... This updated standard
for Vapor Pressure of Petroleum describes procedures to
Products and Liquid Fuels (Mini measure the volatility of
Method), approved July 1, 2022. gasoline.
[[Page 70061]]
ASTM D5599-22, Standard Test Method 1090.95 and 1090.1360..................... This updated standard
for Determination of Oxygenates in describes procedures to
Gasoline by Gas Chromatography and measure the oxygenate
Oxygen Selective Flame Ionization content of gasoline.
Detection, approved April 1, 2022.
ASTM D5769-22, Standard Test Method 1090.95, 1090.1350, and 1090.1360......... This updated standard
for Determination of Benzene, describes procedures to
Toluene, and Total Aromatics in measure a fuel's
Finished Gasolines by Gas concentration of benzene and
Chromatography/Mass Spectrometry, other aromatic compounds.
approved July 1, 2022.
ASTM D6299-23a, Standard Practice for 1090.95, 1090.1370, 1090.1375, and This updated standard
Applying Statistical Quality 1090.1450. describes numerical and
Assurance and Control Charting statistical methods for
Techniques to Evaluate Analytical evaluating procedures for
Measurement System Performance, measuring various fuel
approved December 1, 2023. parameters.
ASTM D6667-21, Standard Test Method 1090.95, 1090.1360, and 1090.1375......... This updated standard
for Determination of Total Volatile describes procedures to
Sulfur in Gaseous Hydrocarbons and measure the sulfur content
Liquefied Petroleum Gases by of butane.
Ultraviolet Fluorescence, approved
April 1, 2021.
ASTM D6751-24, Standard Specification 1090.95 and 1090.1350..................... This updated standard
for Biodiesel Fuel Blend Stock describes the
(B100) for Middle Distillate Fuels, characteristics of
approved March 1, 2024. biodiesel.
----------------------------------------------------------------------------------------------------------------
ASTM International and AICPA regularly publish updated versions of
their standards, with the potential that there will be a published
version of one or more of the documents listed above before we adopt
the final rule that is more recent than the documents we identify in
this proposed rule. For any of these more recently updated versions, we
will consider including a reference to the latest document when we
finalize the revisions covered by this proposed rule.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations and
Executive Order 14096: Revitalizing Our Nation's Commitment to
Environmental Justice for All
EPA believes this type of action does not concern human health or
environmental conditions and therefore cannot be evaluated with respect
to potentially disproportionate and adverse effects on communities with
environmental justice concerns. This action does not affect the level
of protection provided to human health or the environment by applicable
air quality standards. This action proposes relatively minor
corrections and modifications to EPA's existing fuel quality
regulations and therefore will not cause emissions increases from these
sources.
V. Amendatory Instructions
Amendatory instructions are the standard terms that OFR uses to
give specific instructions to agencies on how to change the CFR. OFR's
historical guidance was to include amendatory instructions accompanying
each individual change that was being made (e.g., each sentence or
individual paragraph). The piecemeal amendments served as an indication
of changes EPA was proposing for public comment. Due to the extensive
number of technical and conforming amendments being proposed in this
action, however, EPA is utilizing OFR's new amendatory instruction
``revise and republish'' for proposed revisions that will become
effective when this action is finalized.\28\ Therefore, instead of the
past practice of piecemeal amendments for proposed revisions to the
CFR, EPA is using the ``revise and republish'' instruction to both
revise regulatory text that is being proposed for comment and republish
in their entirety certain sections of 40 CFR part 1090 that contain the
regulatory text being revised and proposed for comment. To indicate
those portions of provisions where changes are being proposed for
comment, EPA has created a red-line version of 40 CFR part 1090 that
incorporates the proposed changes. This red-line version is available
in the docket for this action, as well as on EPA's website at https://www.epa.gov/diesel-fuel-standards/fuels-regulatory-streamlining. This
red-line version provides further context to assist the public in
reviewing and making meaningful comments on the proposed regulatory
text changes. As previously noted, EPA is not reopening those unchanged
provisions for comment. Republishing provisions that are unchanged in
this proposal is consistent with guidance from OFR.
---------------------------------------------------------------------------
\28\ OFR's Document Drafting Handbook (Chapter 2, 2-38) explains
that agencies ``[u]se [r]epublish to set out unchanged text for the
convenience of the reader, often to provide context for your
regulatory changes.'' https://www.archives.gov/federal-register/write/handbook. Additional information on OFR's mandatory use of
``revise and republish'' is available at https://www.archives.gov/federal-register/write/ddh/revise-republish.
---------------------------------------------------------------------------
VI. Statutory Authority
Statutory authority for this action comes from sections 114, 202,
203, 204, 205, 206, 207, 208, 209, 211, 213, 216, and 301 of the Clean
Air Act, 42 U.S.C. 7414, 7521, 7522, 7523, 7524, 7525, 7541, 7542,
7543, 7545, 7547, 7550, and 7601.
List of Subjects in 40 CFR Part 1090
Environmental protection, Administrative practice and procedure,
Air pollution control, Diesel fuel, Fuel additives, Gasoline, Imports,
Incorporation by reference, Oil imports, Petroleum, Renewable fuel.
Michael S. Regan,
Administrator.
For the reasons set forth in the preamble, EPA proposes to amend 40
CFR part 1090 as follows:
PART 1090--REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED
BLENDSTOCKS
0
1. The authority citation for part 1090 continues to read as follows:
Authority: 42 U.S.C. 7414, 7521, 7522-7525, 7541, 7542, 7543,
7545, 7547, 7550, and 7601.
Subpart A--General Provisions
0
2. Amend Sec. 1090.1 by revising paragraphs (a)(1) and (2) to read as
follows:
Sec. 1090.1 Applicability and relationship to other parts.
(a) * * *
(1) The regulations include standards for fuel parameters that
directly or indirectly affect vehicle, engine, and equipment emissions,
air quality, and public health. The regulations also include standards
and requirements for
[[Page 70062]]
fuel additives and regulated blendstocks that are components of any
fuel regulated under this part.
(2) This part also specifies requirements for any person who
engages in activities associated with the production, distribution,
storage, and sale of any fuel, fuel additive, or regulated blendstock,
such as collecting and testing samples for regulated parameters,
reporting information to EPA to demonstrate compliance with fuel
quality requirements, and performing other compliance measures to
implement the standards. A party that produces and distributes other
related products, such as heating oil, may need to meet certain
reporting, recordkeeping, labeling, or other requirements of this part.
* * * * *
0
3. Amend Sec. 1090.5 by:
0
a. Revising paragraphs (b)(3) and (c)(4); and
0
b. Adding paragraph (d).
The revisions and addition read as follows:
Sec. 1090.5 Implementation dates.
* * * * *
(b) * * *
(3) Unless otherwise specified, a regulated party must use the
provisions of 40 CFR part 80 in 2021 to demonstrate compliance with
regulatory requirements for the 2020 calendar year. This applies to
calculating credits for the 2020 compliance period, and to any
sampling, testing, reporting, or auditing related to any fuel, fuel
additive, or regulated blendstock produced or imported in 2020.
* * * * *
(c) * * *
(4) The independent surveyor may collect only one summer or winter
gasoline sample for each participating gasoline manufacturing facility
instead of the minimum two samples required under Sec.
1090.1450(c)(2)(i).
(d) The provisions of Sec. 1090.1315(a)(7) through (14) apply
beginning March 1, 2025. Fuel manufacturers may optionally apply those
new provisions before March 1, 2025.
0
4. Amend Sec. 1090.15 by revising paragraph (e) to read as follows:
Sec. 1090.15 Confidential business information.
* * * * *
(e) EPA may disclose the information specified in paragraphs (b)
through (d) of this section on its website, or otherwise make it
available to interested parties, without additional notice,
notwithstanding any claims that the information is entitled to
confidential treatment under 40 CFR part 2, subpart B or 5 U.S.C.
552(b)(4).
0
5. Amend Sec. 1090.20 by:
0
a. Revising paragraph (f); and
0
b. Adding paragraph (g).
The revision and addition read as follows:
Sec. 1090.20 Approval of submissions under this part.
* * * * *
(f) Any person who has an approval revoked or voided under this
part is liable for any resulting violation of the requirements of this
part.
(g) Submitting false, misleading, or incomplete information is a
violation of law.
0
6. Amend Sec. 1090.50 by revising paragraph (a) to read as follows:
Sec. 1090.50 Rounding.
(a) Unless otherwise specified, round values to the number of
significant digits necessary to match the number of decimal places of
the applicable standard or specification. Perform all rounding as
specified in 40 CFR 1065.20(e)(1) through (6).
* * * * *
0
7. Amend Sec. 1090.55 by revising and republishing paragraph (b) to
read as follows:
Sec. 1090.55 Requirements for independent parties.
* * * * *
(b) Technical ability. The third party must meet all the following
requirements in order to demonstrate their technical capability to
perform specified activities under this part:
(1) An independent surveyor that conducts a survey under subpart O
of this part must have personnel familiar with petroleum marketing, the
sampling and testing of gasoline and diesel fuel at retail outlets, and
the designing of surveys to estimate compliance rates for fuel
parameters nationwide. The independent surveyor must demonstrate this
technical ability in plans submitted under subpart O of this part.
(2) A laboratory attempting to qualify alternative procedures must
contract with an independent third party to verify the accuracy and
precision of measured values as specified in Sec. 1090.1365. The
independent third party must demonstrate work experience and a good
working knowledge of the VCSB methods specified in Sec. Sec.
1090.1335, 1090.1365, and 1090.1370, with training and expertise
corresponding to a bachelor's degree in chemical engineering, or
combined bachelor's degrees in chemistry and statistics.
(3) Any person auditing in-line blending operations must be
familiar with the waiver provisions of Sec. 1090.1315 and be
proficient with the sampling procedures specified in Sec.
1090.1335(c).
* * * * *
0
8. Amend Sec. 1090.80 by:
0
a. Revising the definitions of ``Auditor'', ``Automated detergent
blending facility'', and ``Batch'';
0
b. Removing the definition of ``California diesel'' and adding in
alphabetical order the definition of ``California diesel fuel'';
0
c. Revising the definitions of ``Certified ethanol denaturant
producer'', ``Detergent additive package'', ``Detergent blender'', and
``Diesel fuel manufacturer'';
0
d. Adding in alphabetical order the definition of ``Distillate global
marine fuel'';
0
e. Revising the definitions of ``Downstream location'', ``E0'', and
``E85'';
0
f. Adding in alphabetical order the definition of ``ECA associated
area'';
0
g. Revising the definition of ``ECA marine fuel'';
0
h. Adding in alphabetical order the definition of ``Emission control
area (ECA)'';
0
i. Revising the definitions of ``Fuel additive'' and ``Fuel additive
manufacturer'';
0
j. Adding in alphabetical order the definition of ``Fuel additive
manufacturing facility'';
0
k. Revising the definitions of ``Fuel manufacturing facility'',
``Gasoline before oxygenate blending (BOB)'', ``Gasoline
manufacturer'', ``Global marine fuel'', ``Marine engine'', ``Non-
automated detergent blending facility'', and ``Reformulated gasoline
(RFG)'';
0
l. Adding in alphabetical order the definition of ``Regulated
blendstock import facility'';
0
m. Revising the definition of ``Regulated blendstock producer'';
0
n. Adding in alphabetical order the definition of ``Regulated
blendstock production facility'';
0
o. Revising the definitions of ``Sampling strata'' and ``Transmix
processor'';
0
p. Removing the definition of ``Volume Additive Reconciliation (VAR)
Period'' and adding in alphabetical order the definition of ``Volume
additive reconciliation (VAR) period''; and
0
q. Revising the definition of ``Wholesale purchaser-consumer (WPC)''.
The revisions and additions read as follows:
Sec. 1090.80 Definitions.
* * * * *
[[Page 70063]]
Auditor means any person who conducts audits under subpart S of
this part.
Automated detergent blending facility means any facility
(including, but not limited to, a truck or individual storage tank) at
which detergent is blended with gasoline by means of an injector system
calibrated to automatically deliver a specified amount of detergent.
* * * * *
Batch means a quantity of fuel, fuel additive, or regulated
blendstock with properties that can be characterized by a single set of
values using the measurement procedures in subpart N of this part.
* * * * *
California diesel fuel means diesel fuel designated by a diesel
fuel manufacturer as for use in California.
* * * * *
Certified ethanol denaturant producer means any person who
certifies ethanol denaturant as meeting the requirements in Sec.
1090.275.
* * * * *
Detergent additive package means an additive package containing
detergent and may also contain carrier oils and other active components
such as corrosion inhibitors, antioxidants, metal deactivators, and
handling solvents.
Detergent blender means any person who owns, leases, operates,
controls, or supervises the blending operation of a detergent blending
facility, or who imports detergent-additized gasoline.
* * * * *
Diesel fuel manufacturer means a fuel manufacturer that owns,
leases, operates, controls, or supervises a diesel fuel manufacturing
facility.
* * * * *
Distillate global marine fuel means global marine fuel that is
distillate fuel.
* * * * *
Downstream location means any point in the fuel distribution system
other than a fuel manufacturing facility through which fuel passes
after it leaves the fuel manufacturing facility gate at which it was
certified (e.g., fuel at facilities of distributors, pipelines,
terminals, carriers, retailers, oxygenate blenders, and WPCs).
E0 means gasoline that contains no ethanol.
* * * * *
E85 means a fuel that contains more than 50 and no more than 83
volume percent ethanol and is used, intended for use, or made available
for use in flex-fuel vehicles or flex-fuel engines. E85 is not
gasoline.
ECA associated area has the meaning given in 40 CFR 1043.20.
ECA marine fuel means diesel fuel, distillate fuel, or residual
fuel used, intended for use, or made available for use in C3 marine
vessels while the vessels are operating within an ECA, or an ECA
associated area.
Emission control area (ECA) has the meaning given in 40 CFR
1043.20.
* * * * *
Fuel additive has the same meaning as additive in 40 CFR 79.2(e).
* * * * *
Fuel additive manufacturer means any person who owns, leases,
operates, controls, or supervises a fuel additive manufacturing
facility.
Fuel additive manufacturing facility means any facility where fuel
additive is produced or imported.
* * * * *
Fuel manufacturing facility means any facility where fuel is
produced, imported, or recertified. Fuel manufacturing facilities
include refineries, fuel blending facilities, transmix processing
facilities, import facilities, and any facility where fuel is
recertified.
* * * * *
Gasoline before oxygenate blending (BOB) means gasoline for which a
gasoline manufacturer has accounted for oxygenate added downstream
under Sec. 1090.710. BOB is subject to all the requirements and
standards that apply to gasoline, unless subject to a specific
alternative standard or requirement under this part.
Gasoline manufacturer means a fuel manufacturer that owns, leases,
operates, controls, or supervises a gasoline manufacturing facility.
* * * * *
Global marine fuel means diesel fuel, distillate fuel, or residual
fuel used, intended for use, or made available for use in steamships or
Category 3 marine vessels while the vessels are operating in
international waters or in any waters outside the boundaries of an ECA.
Global marine fuel is subject to the provisions of MARPOL Annex VI.
(Note: This part regulates only distillate global marine fuel.)
* * * * *
Marine engine has the meaning given in 40 CFR 1042.901.
* * * * *
Non-automated detergent blending facility means any facility
(including a truck or individual storage tank) at which detergent
additive is blended using a hand-blending technique or any other non-
automated method.
* * * * *
Reformulated gasoline (RFG) means gasoline that is certified under
Sec. 1090.1000(b) and that meets the standards and requirements in
Sec. 1090.220.
* * * * *
Regulated blendstock import facility means any facility where
regulated blendstock is imported into the United States.
Regulated blendstock producer means any person who produces or
imports regulated blendstock in the United States, or any person who
owns, leases, operates, controls, or supervises a facility where
regulated blendstock is produced or imported.
Regulated blendstock production facility means any facility where
regulated blendstock is produced.
* * * * *
Sampling strata means the following types of areas sampled during a
survey:
(1) Densely populated areas.
(2) Transportation corridors.
(3) Rural areas.
* * * * *
Transmix processor means any person who owns, leases, operates,
controls, or supervises a transmix processing facility in the United
States. A transmix processor is a fuel manufacturer.
* * * * *
Volume additive reconciliation (VAR) period means the following:
(1) For an automated detergent blending facility, the VAR period is
a time period lasting no more than 31 days or until an adjustment to a
detergent concentration rate that increases the initial rate by more
than 10 percent, whichever occurs first. The concentration setting for
a detergent injector may be adjusted by more than 10 percent above the
initial rate without terminating the VAR period, provided the purpose
of the change is to correct a batch misadditization prior to the
transfer of the batch to another party, or to correct an equipment
malfunction and the concentration is immediately returned to no more
than 10 percent above the initial rate of concentration after the
correction.
(2) For a non-automated detergent blending facility, the VAR period
constitutes the blending of one batch of gasoline.
* * * * *
Wholesale purchaser-consumer (WPC) means any person who is an
ultimate consumer of fuels and who purchases or obtains fuels for use
in motor vehicles, nonroad vehicles, nonroad engines, or nonroad
equipment, including locomotive or marine engines, and, in the case of
liquid fuels, receives delivery of that product into a storage tank of
at least 550-gallon capacity
[[Page 70064]]
substantially under the control of that person.
* * * * *
0
9. Amend Sec. 1090.85 by adding paragraph (g) to read as follows:
Sec. 1090.85 Explanatory terms.
* * * * *
(g) Generic terms. Certain terms that are generically defined in
this part (e.g., ``fuel manufacturing facility'' or ``importer'') may
also be used to refer to a specific fuel, fuel additive, or regulated
blendstock type (e.g., ``diesel fuel manufacturing facility'' or
``gasoline importer'').
0
10. Amend Sec. 1090.90 by:
0
a. Revising entry ``PLOQ''; and
0
b. Adding in alphabetical order entry ``VAR''.
The revision and addition read as follows:
Sec. 1090.90 Acronyms and abbreviations.
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * * * *
PLOQ................................... pooled limit of quantitation.
* * * * * * *
VAR.................................... volume additive reconciliation.
* * * * * * *
------------------------------------------------------------------------
0
11. Amend Sec. 1090.95 by:
0
a. Revising paragraphs (b) and (c)(1), (3), and (c)(6) through (8);
0
b. Removing paragraph (c)(9) and redesignating paragraphs (c)(10)
through (37) as paragraphs (c)(9) through (36);
0
c. Revising newly redesignated paragraphs (c)(9), (10), (12) through
(14), (17), (19), (20), (23), (24), (29), (31), and (35);
0
d. Removing paragraph (c)(38) and redesignating paragraphs (c)(39) and
(40) as paragraphs (c)(37) and (38).
The revisions read as follows:
Sec. 1090.95 Incorporation by reference.
* * * * *
(b) American Institute of Certified Public Accountants, 220 Leigh
Farm Rd., Durham, NC 27707-8110, (919) 402-4500, or www.aicpa-cima.org.
(1) AICPA Code of Professional Conduct, updated through December
2023; IBR approved for Sec. 1090.1800(b).
(2) Statements on Quality Control Standards (SQCS) No. 8, QC
Section 10: A Firm's System of Quality Control, current as of July 1,
2019; IBR approved for Sec. 1090.1800(b). This includes the following
quality control standards for attestation engagements starting December
15, 2025:
(i) System of Quality Management Standard No. 1, A Firm's System of
Quality Management; Issued June 2022; IBR approved for Sec.
1090.1800(b).
(ii) System of Quality Management Standard No. 2, Engagement
Quality Reviews; Issued June 2022; IBR approved for Sec. 1090.1800(b).
(iii) System of Quality Management Standard No. 3, Amendments to
Quality Management Standard Section 10, ``A Firm's System of Quality
Management'' and Section 20, ``Engagement Quality Reviews;'' Issued
March 2023; IBR approved for Sec. 1090.1800(b).
(3) Statement on Standards for Attestation Engagements No. 19,
Agreed-Upon Procedures Engagement, Issued December 2019; IBR approved
for Sec. 1090.1800(b).
(c) * * *
(1) ASTM D86-23ae1, Standard Test Method for Distillation of
Petroleum Products and Liquid Fuels at Atmospheric Pressure, approved
December 1, 2023 (``ASTM D86''); IBR approved for Sec. 1090.1350(b).
* * * * *
(3) ASTM D975-24, Standard Specification for Diesel Fuel, approved
May 1, 2024 (``ASTM D975''); IBR approved for Sec. 1090.80.
* * * * *
(6) ASTM D1319-20a, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved
August 1, 2020 (``ASTM D1319''); IBR approved for Sec. 1090.1350(b).
(7) ASTM D2163-23, Standard Test Method for Determination of
Hydrocarbons in Liquefied Petroleum (LP) Gases and Propane/Propene
Mixtures by Gas Chromatography, approved March 1, 2023 (``ASTM
D2163''); IBR approved for Sec. 1090.1350(b).
(8) ASTM D2622-21, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry,
approved December 1, 2021 (``ASTM D2622''); IBR approved for Sec. Sec.
1090.1350(b), 1090.1360(d), and 1090.1375(c).
(9) ASTM D3231-24, Standard Test Method for Phosphorus in Gasoline,
approved March 1, 2024 (``ASTM D3231''); IBR approved for Sec.
1090.1350(b).
(10) ASTM D3237-22, Standard Test Method for Lead in Gasoline by
Atomic Absorption Spectroscopy, approved October 1, 2022 (``ASTM
D3237''); IBR approved for Sec. 1090.1350(b).
* * * * *
(12) ASTM D4052-22, Standard Test Method for Density, Relative
Density, and API Gravity of Liquids by Digital Density Meter, approved
May 1, 2022 (``ASTM D4052''); IBR approved for Sec. 1090.1337(d) and
(f).
(13) ASTM D4057-22, Standard Practice for Manual Sampling of
Petroleum and Petroleum Products, approved May 1, 2022 (``ASTM
D4057''); IBR approved for Sec. Sec. 1090.1335(b) and 1090.1605(b).
(14) ASTM D4177-22e1, Standard Practice for Automatic Sampling of
Petroleum and Petroleum Products, approved July 1, 2022 (``ASTM
D4177''); IBR approved for Sec. Sec. 1090.1315(a) and 1090.1335(c).
* * * * *
(17) ASTM D4814-24a, Standard Specification for Automotive Spark-
Ignition Engine Fuel, approved July 1, 2024 (``ASTM D4814''); IBR
approved for Sec. Sec. 1090.80 and 1090.1395(a).
* * * * *
(19) ASTM D5186-24, Standard Test Method for Determination of the
Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels By
Supercritical Fluid Chromatography, approved July 1, 2024 (``ASTM
D5186''); IBR approved for Sec. 1090.1350(b).
(20) ASTM D5191-22, Standard Test Method for Vapor Pressure of
Petroleum Products and Liquid Fuels (Mini Method), approved July 1,
2022 (``ASTM D5191''); IBR approved for Sec. 1090.1360(d).
* * * * *
(23) ASTM D5599-22, Standard Test Method for Determination of
Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame
Ionization Detection, approved April 1, 2022 (``ASTM D5599''); IBR
approved for Sec. 1090.1360(d).
(24) ASTM D5769-22, Standard Test Method for Determination of
Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas
[[Page 70065]]
Chromatography/Mass Spectrometry, approved July 1, 2022 (``ASTM
D5769''); IBR approved for Sec. Sec. 1090.1350(b) and 1090.1360(d).
* * * * *
(29) ASTM D6299-23a, Standard Practice for Applying Statistical
Quality Assurance and Control Charting Techniques to Evaluate
Analytical Measurement System Performance, approved December 1, 2023
(``ASTM D6299''); IBR approved for Sec. Sec. 1090.1370(c),
1090.1375(a), (b), (c), and (d), and 1090.1450(c).
* * * * *
(31) ASTM D6667-21, Standard Test Method for Determination of Total
Volatile Sulfur in Gaseous Hydrocarbons and Liquefied Petroleum Gases
by Ultraviolet Fluorescence, approved April 1, 2021 (``ASTM D6667'');
IBR approved for Sec. Sec. 1090.1360(d) and 1090.1375(c).
* * * * *
(35) ASTM D6751-24, Standard Specification for Biodiesel Fuel Blend
Stock (B100) for Middle Distillate Fuels, approved March 1, 2024
(``ASTM D6751''); IBR approved for Sec. 1090.1350(b).
* * * * *
Subpart B--General Requirements and Provisions for Regulated
Parties
0
12. Amend Sec. 1090.100 by revising the introductory text and
paragraph (d) to read as follows:
Sec. 1090.100 General provisions.
This subpart provides an overview of the general requirements and
provisions applicable to any regulated party under this part. A person
who meets the definition of more than one type of regulated party must
comply with the requirements applicable to each of those types of
regulated parties. For example, a fuel manufacturer that also
transports fuel must meet the requirements applicable to a fuel
manufacturer and a distributor. A regulated party is required to comply
with all applicable requirements of this part, regardless of whether
they are identified in this subpart. Any person who produces, sells,
transfers, supplies, dispenses, or distributes fuel, fuel additive, or
regulated blendstock must comply with all applicable requirements.
* * * * *
(d) Importers. In addition to the requirements of paragraphs (a)
through (c) of this section and Sec. Sec. 1090.105 and 1090.155, an
importer must also comply with subpart Q of this part.
0
13. Amend Sec. 1090.105 by revising paragraphs (a)(1), (a)(8), (b)(4),
and (b)(8) to read as follows:
Sec. 1090.105 Fuel manufacturers.
* * * * *
(a) * * *
(1) Producing compliant gasoline. A gasoline manufacturer must
produce or import gasoline that meets the standards in subpart C of
this part and must comply with the ABT requirements of subpart H of
this part.
* * * * *
(8) Annual attestation engagement. A gasoline manufacturer must
submit annual attestation engagement reports to EPA under subpart S of
this part.
(b) * * *
(4) Certification and designation. (i) A diesel fuel or ECA marine
fuel manufacturer must certify and designate the diesel fuel or ECA
marine fuel they produce under subpart K of this part.
(ii) A distillate global marine fuel manufacturer must designate
the distillate global marine fuel they produce under subpart K of this
part.
* * * * *
(8) Distillate global marine fuel manufacturers. A distillate
global marine fuel manufacturer does not need to comply with the
requirements of paragraphs (b)(1), (2), (3), and (6) of this section
for distillate global marine fuel that is exempt from the standards in
subpart D of this part, as specified in Sec. 1090.650.
Sec. 1090.110 [Amended]
0
14. Amend Sec. 1090.110 by removing paragraph (c) and redesignating
paragraph (d) as paragraph (c).
0
15. Amend Sec. 1090.130 by revising paragraphs (d), (f), and (g) to
read as follows:
Sec. 1090.130 Certified butane blenders.
* * * * *
(d) PTDs. On each occasion when a certified butane blender
transfers custody of or title to any gasoline blended with certified
butane, the transferor must provide to the transferee PTDs under
subpart L of this part.
* * * * *
(f) Survey. A certified butane blender may participate in the
applicable fuel surveys under subpart O of this part.
(g) Annual attestation engagement. A certified butane blender must
submit annual attestation engagement reports to EPA under subpart S of
this part.
0
16. Amend Sec. 1090.140 by revising paragraphs (d), (f), and (g) to
read as follows:
Sec. 1090.140 Certified pentane blenders.
* * * * *
(d) PTDs. On each occasion when a certified pentane blender
transfers custody of or title to any gasoline blended with certified
pentane, the transferor must provide to the transferee PTDs under
subpart L of this part.
* * * * *
(f) Survey. A certified pentane blender may participate in the
applicable fuel surveys under subpart O of this part.
(g) Annual attestation engagement. A certified pentane blender must
submit annual attestation engagement reports to EPA under subpart S of
this part.
0
17. Amend Sec. 1090.145 by revising paragraph (g) to read as follows:
Sec. 1090.145 Transmix processors.
* * * * *
(g) Annual attestation engagement. A transmix processor must submit
annual attestation engagement reports to EPA under subpart S of this
part.
0
18. Amend Sec. 1090.155 by revising paragraphs (a)(1), (b)(1), and
(b)(3) to read as follows:
Sec. 1090.155 Fuel additive manufacturers.
* * * * *
(a) * * *
(1) Gasoline additive standards. A gasoline additive manufacturer
must comply with the applicable requirements of subpart C of this part.
* * * * *
(b) * * *
(1) Diesel fuel additive standards. A diesel fuel additive
manufacturer must comply with the applicable requirements of subpart D
of this part.
* * * * *
(3) PTDs. On each occasion when a diesel fuel additive manufacturer
transfers custody of or title to any diesel fuel additive, the
transferor must provide to the transferee PTDs under subpart L of this
part.
* * * * *
0
19. Amend Sec. 1090.160 by revising paragraphs (a) and (b) to read as
follows:
Sec. 1090.160 Distributors, carriers, and resellers.
* * * * *
(a) Gasoline and diesel fuel standards. A distributor, carrier, or
reseller must comply with the applicable requirements of subparts C and
D of this part.
(b) Registration. A distributor or carrier must register with EPA
under subpart I of this part if they are part of the 500 ppm LM diesel
fuel distribution chain in a compliance plan submitted under Sec.
1090.515(g).
* * * * *
0
20. Amend Sec. 1090.165 by revising paragraphs (a) and (c) to read as
follows:
Sec. 1090.165 Retailers and WPCs.
* * * * *
(a) Gasoline and diesel fuel standards. A retailer or WPC must
comply with the
[[Page 70066]]
applicable requirements of subparts C and D of this part.
* * * * *
(c) Fuels produced through fuel dispensers. A retailer or WPC that
produces gasoline (e.g., E15) through a fuel dispenser with anything
other than PCG and DFE is also a blending manufacturer and must comply
with the applicable requirements in Sec. 1090.105.
0
21. Amend Sec. 1090.175 by revising paragraphs (c) and (d) to read as
follows:
Sec. 1090.175 Auditors.
* * * * *
(c) Attestation engagements. An auditor must conduct audits under
subpart S of this part.
(d) Independence requirements. In order to perform an annual
attestation engagement under subpart S of this part, an auditor must
meet the independence requirements in Sec. 1090.55 unless they are a
certified internal auditor under Sec. 1090.1800(b)(1)(i).
0
22. Amend Sec. 1090.180 by revising paragraphs (a) and (c) to read as
follows:
Sec. 1090.180 Pipeline operators.
* * * * *
(a) Gasoline and diesel fuel standards. A pipeline operator must
comply with the applicable requirements of subparts C and D of this
part.
* * * * *
(c) Transmix requirements. A pipeline operator must comply with all
applicable requirements of subpart F of this part.
Subpart C--Gasoline Standards
0
23. Amend Sec. 1090.200 by revising paragraph (c)(2)(i) to read as
follows:
Sec. 1090.200 Overview and general requirements.
* * * * *
(c) * * *
(2) * * *
(i) Importers that import gasoline by rail or truck using the
provisions of Sec. 1090.1610 to meet the alternative per-gallon
standards of Sec. Sec. 1090.205(d) and 1090.210(c).
* * * * *
0
24. Amend Sec. 1090.210 by revising paragraph (c)(1) to read as
follows:
Sec. 1090.210 Benzene standards.
* * * * *
(c) * * *
(1) An importer that imports gasoline by rail or truck under Sec.
1090.1610 must comply with a benzene per-gallon standard of 0.62 volume
percent instead of the standards specified in paragraphs (a) and (b) of
this section.
* * * * *
0
25. Revise and republish Sec. 1090.215 to read as follows:
Sec. 1090.215 Gasoline RVP standards.
Except as specified in subpart G of this part and paragraph (d) of
this section, all gasoline designated as summer gasoline or located at
any location in the United States during the summer season is subject
to a maximum RVP per-gallon standard in this section.
(a)(1) Federal 9.0 psi maximum RVP per-gallon standard. Gasoline
designated as summer gasoline or located at any location in the United
States during the summer season must meet a maximum RVP per-gallon
standard of 9.0 psi unless the gasoline is subject to one of the lower
maximum RVP per-gallon standards specified in paragraphs (a)(2) through
(5) of this section.
(2) Federal 7.8 maximum RVP per-gallon standard. (i) Except as
specified in paragraph (a)(2)(ii) of this section, gasoline designated
as 7.8 psi summer gasoline, or located in the following areas during
the summer season, must meet a maximum RVP per-gallon standard of 7.8
psi:
Table 1 to Paragraph (a)(2)(i)--Federal 7.8 psi RVP Areas
------------------------------------------------------------------------
Area designation State Counties
------------------------------------------------------------------------
Denver-Boulder-Greeley-Ft. Colorado......... Adams Arapahoe,
Collins-Loveland. Boulder, Broomfield,
Denver, Douglas,
Jefferson,
Larimer,\1\ Weld.\2\
Reno.......................... Nevada........... Washoe.
Portland...................... Oregon........... Clackamas (only the
Air Quality
Maintenance Area),
Multnomah (only the
Air Quality
Maintenance Area),
Washington (only the
Air Quality
Maintenance Area).
Salem......................... Oregon........... Marion (only the
Salem Area
Transportation
Study), Polk (only
the Salem Area
Transportation
Study).
Beaumont-Port Arthur.......... Texas............ Hardin, Jefferson,
Orange.
Salt Lake City................ Utah............. Davis, Salt Lake.
------------------------------------------------------------------------
\1\ That portion of Larimer County, CO that lies south of a line
described as follows: Beginning at a point on Larimer County's eastern
boundary and Weld County's western boundary intersected by 40 degrees,
42 minutes, and 47.1 seconds north latitude, proceed west to a point
defined by the intersection of 40 degrees, 42 minutes, 47.1 seconds
north latitude and 105 degrees, 29 minutes, and 40.0 seconds west
longitude, thence proceed south on 105 degrees, 29 minutes, 40.0
seconds west longitude to the intersection with 40 degrees, 33 minutes
and 17.4 seconds north latitude, thence proceed west on 40 degrees, 33
minutes, 17.4 seconds north latitude until this line intersects
Larimer County's western boundary and Grand County's eastern boundary.
(Includes part of Rocky Mtn. Nat. Park.)
\2\ That portion of Weld County, CO that lies south of a line described
as follows: Beginning at a point on Weld County's eastern boundary and
Logan County's western boundary intersected by 40 degrees, 42 minutes,
47.1 seconds north latitude, proceed west on 40 degrees, 42 minutes,
47.1 seconds north latitude until this line intersects Weld County's
western boundary and Larimer County's eastern boundary.
(ii) Gasoline designated as 9.0 psi summer gasoline may be located
in the areas specified in Table 1 to paragraph (a)(2)(i) of this
section between May 1 and May 31.
(3) RFG maximum RVP per-gallon standard. Gasoline designated as
Summer RFG or located in an RFG covered area during the summer season
must meet a maximum RVP per-gallon standard of 7.4 psi.
(4) California gasoline. Gasoline designated as California gasoline
or used in areas subject to the California reformulated gasoline
regulations must comply with those regulations under Title 13,
California Code of Regulations, sections 2250-2273.5.
(5) SIP-controlled gasoline. Gasoline designated as SIP-controlled
gasoline or used in areas subject to a SIP-approved state fuel rule
that requires an RVP of less than 9.0 psi must meet the requirements of
the federally approved SIP.
(b) Ethanol 1.0 psi waiver. (1) Except as specified in paragraph
(b)(3) of this section, any gasoline subject to a federal 9.0 psi or
7.8 psi RVP standard in paragraph (a)(1) or (2) of this section that
meets the requirements of paragraph (b)(2) of this section is not in
violation of this section if its RVP does not exceed the applicable
standard by more than 1.0 psi.
[[Page 70067]]
(2) To qualify for the special regulatory treatment specified in
paragraph (b)(1) of this section, gasoline must meet the applicable RVP
standard in paragraph (a)(1) or (2) of this section prior to the
addition of ethanol and must contain ethanol at a concentration of at
least 9 volume percent and no more than 10 volume percent.
(3)(i) RFG and SIP-controlled gasoline that does not allow for the
ethanol 1.0 psi waiver does not qualify for the special regulatory
treatment specified in paragraph (b)(1) of this section.
(ii) Gasoline subject to the 9.0 psi RVP standard in paragraph
(a)(1) of this section in the following areas is excluded from the
special regulatory treatment specified in paragraph (b)(1) of this
section:
Table 2 to Paragraph (b)(3)(ii)--Areas Excluded From the Ethanol 1.0 psi
Waiver
------------------------------------------------------------------------
State Counties Effective date
------------------------------------------------------------------------
Illinois........................ All............... April 28, 2025.
Iowa............................ All............... April 28, 2025.
Minnesota....................... All............... April 28, 2025.
Missouri........................ All............... April 28, 2025.
Nebraska........................ All............... April 28, 2025.
Ohio............................ All............... April 28, 2025.
South Dakota.................... All............... April 28, 2025.
Wisconsin....................... All............... April 28, 2025.
------------------------------------------------------------------------
(c) Gasoline subject to more than one RVP standard. Gasoline
located in an area of the United States subject to more than one RVP
standard specified in paragraphs (a)(1) through (5) of this section
must meet the most stringent standard.
(d) Exceptions. The RVP standard in paragraph (a) of this section
for the area in which the gasoline is located does not apply to that
gasoline if the person(s) who produced, imported, sold, offered for
sale, distributed, offered to distribute, supplied, offered for supply,
dispensed, stored, transported, or introduced the gasoline into
commerce can demonstrate one of the following:
(1) The gasoline is designated as winter gasoline and was not sold,
offered for sale, supplied, offered for supply, dispensed, or
introduced into commerce for use during the summer season and was not
delivered to any retail outlet or WPC during the summer season.
(2) The gasoline is designated as summer gasoline for use in an
area other than the area in which it is located and was not sold,
offered for sale, supplied, offered for supply, dispensed, or
introduced into commerce in the area in which the gasoline is located.
In this case, the standard that applies to the gasoline is the standard
applicable to the area for which the gasoline is designated.
0
26. Amend Sec. 1090.220 by revising paragraph (e) to read as follows:
Sec. 1090.220 RFG standards.
* * * * *
(e) Certified butane and certified pentane blending limitation.
Certified butane and certified pentane must not be blended with Summer
RFG or Summer RBOB under Sec. 1090.1320(b).
0
27. Revise and republish Sec. 1090.230 to read as follows:
Sec. 1090.230 Limitation on use of gasoline-ethanol blends.
(a) No person may sell, introduce, cause, or permit the sale or
introduction of gasoline containing greater than 10 volume percent
ethanol (e.g., E15) into any model year 2000 or older light-duty
gasoline motor vehicle, any heavy-duty gasoline motor vehicle or
engine, any highway or off-highway motorcycle, or any gasoline-powered
nonroad engine, vehicle, or equipment.
(b) Paragraph (a) of this section does not prohibit a person from
producing, selling, introducing, causing, or allowing the sale or
introduction of gasoline containing greater than 10 volume percent
ethanol into any flex-fuel vehicle or flex-fuel engine.
0
28. Amend Sec. 1090.265 by revising paragraph (c) to read as follows:
Sec. 1090.265 Gasoline additive standards.
* * * * *
(c) Any person who blends any fuel additive that does not meet the
requirements of paragraphs (a) and (b) of this section is a gasoline
manufacturer and must comply with all the requirements applicable to a
gasoline manufacturer under this part.
* * * * *
0
29. Amend Sec. 1090.285 by revising the introductory text to read as
follows:
Sec. 1090.285 RFG covered areas.
The RFG covered areas are as follows:
* * * * *
0
30. Amend Sec. 1090.290 by revising paragraph (d)(4) to read as
follows:
Sec. 1090.290 Changes to RFG covered areas and procedures for opting
out of RFG.
* * * * *
(d) * * *
(4) EPA will publish a document in the Federal Register announcing
the approval of an RFG opt-out request and its effective date.
* * * * *
0
31. Amend Sec. 1090.290 by revising paragraph (d) to read as follows:
Sec. 1090.295 Procedures for relaxing the federal 7.8 psi RVP
standard.
* * * * *
(d) EPA will publish a document in the Federal Register announcing
the approval of any federal 7.8 psi gasoline relaxation request and its
effective date.
* * * * *
Subpart D--Diesel Fuel and ECA Marine Fuel Standards
0
32. Amend Sec. 1090.300 by revising paragraph (h) to read as follows:
Sec. 1090.300 Overview and general requirements.
* * * * *
(h) No person may introduce used motor oil, or used motor oil
blended with diesel fuel, into the fuel system of model year 2007 or
later diesel fuel motor vehicles or engines or model year 2011 or later
nonroad diesel fuel vehicles or engines (not including locomotive or
marine engines).
0
33. Amend Sec. 1090.310 by revising paragraph (c) to read as follows:
Sec. 1090.310 Diesel fuel additives standards.
* * * * *
(c) The provisions of this section do not apply to additives used
in 500 ppm LM diesel fuel or ECA marine fuel.
0
34. Revise and republish Sec. 1090.315 to read as follows:
Sec. 1090.315 Heating oil, kerosene, ECA marine fuel, and jet fuel
provisions.
Heating oil, kerosene, ECA marine fuel, or jet fuel must not be
sold for use
[[Page 70068]]
in motor vehicles or nonroad equipment and are not subject to the ULSD
standards in Sec. 1090.305 unless it is also designated as ULSD under
Sec. 1090.1015(a).
0
35. Amend Sec. 1090.325 by revising paragraph (c)(1) to read as
follows:
Sec. 1090.325 ECA marine fuel standards.
* * * * *
(c) * * *
(1) Residual fuel made available for use in a steamship or C3
marine vessel if the U.S. government exempts or excludes the vessel
from MARPOL Annex VI fuel standards. Diesel fuel and other distillate
fuel used in diesel fuel engines operated on such vessels is subject to
the standards in this section instead of the standards in Sec.
1090.305 or Sec. 1090.320.
* * * * *
Subpart F--Transmix and Pipeline Interface Provisions
0
36. Amend Sec. 1090.500 by revising paragraph (c)(3)(ii) to read as
follows:
Sec. 1090.500 Gasoline produced from blending transmix into PCG.
* * * * *
(c) * * *
(3) * * *
(ii) A letter signed by the RCO, or their delegate, stating that
the information contained in the submission is true to the best of
their belief must accompany the petition.
* * * * *
0
37. Amend Sec. 1090.510 by revising the section heading to read as
follows:
Sec. 1090.510 Diesel fuel and distillate fuel produced from TDP.
* * * * *
0
38. Amend Sec. 1090.515 by revising paragraph (d) to read as follows:
Sec. 1090.515 500 ppm LM diesel fuel produced from TDP.
* * * * *
(d) Use restrictions. 500 ppm LM diesel fuel may only be used in
locomotive or marine engines that are not required to use ULSD under 40
CFR 1033.815 or 40 CFR 1042.660, respectively. No person may use 500
ppm LM diesel fuel in locomotive or marine engines that are required to
use ULSD, in any other nonroad vehicle or engine, or in any motor
vehicle engine.
* * * * *
0
39. Amend Sec. 1090.520 by revising paragraph (b) to read as follows:
Sec. 1090.520 Handling practices for pipeline interface that is not
transmix.
* * * * *
(b) During the summer season, a pipeline operator must not cut
pipeline interface from two batches of gasoline subject to different
RVP standards that are shipped adjacent to each other by pipeline into
the batch of gasoline that is subject to the more stringent RVP
standard. For example, during the summer season, a pipeline operator
must not cut pipeline interface from a batch of RFG shipped adjacent to
a batch of conventional gasoline into the batch of RFG.
Subpart G--Exemptions
0
40. The heading of subpart G is revised to read as set forth above.
0
41. Revise and republish Sec. 1090.605 to read as follows:
Sec. 1090.605 Exemptions for national security and military use.
(a) Fuel, fuel additive, or regulated blendstock that is produced,
imported, sold, offered for sale, supplied, offered for supply, stored,
dispensed, or transported for use in the following tactical military
vehicles, engines, or equipment, including locomotive or marine
engines, is exempt from the standards specified in this part:
(1) Tactical military vehicles, engines, or equipment, including
locomotive or marine engines, that have an EPA national security
exemption from the emission standards in this chapter. See 40 CFR part
85, subpart R, and 40 CFR 1068.225.
(2) Tactical military vehicles, engines, or equipment, including
locomotive or marine engines, that are not subject to a national
security exemption from vehicle or engine emissions standards specified
in paragraph (a)(1) of this section but, for national security purposes
(e.g., for purposes of readiness, including training, for deployment
overseas), need to be fueled on the same fuel as the vehicles, engines,
or equipment that EPA has granted such a national security exemption.
(b) The exempt fuel, fuel additive, or regulated blendstock must
meet all the following requirements:
(1) The fuel, fuel additive, or regulated blendstock must be
accompanied by PTDs that meet the requirements of subpart L of this
part.
(2) The fuel, fuel additive, or regulated blendstock must be
completely segregated from non-exempt fuel, fuel additive, or regulated
blendstock at all points in the distribution system.
(3) The fuel, fuel additive, or regulated blendstock must be
dispensed from a fuel dispenser stand, fueling truck, or tank that is
labeled with the appropriate designation of the exempt fuel, fuel
additive, or regulated blendstock.
(4) The fuel, fuel additive, or regulated blendstock must not be
used in any vehicles, engines, or equipment, including locomotive or
marine engines, other than those specified in paragraph (a) of this
section.
0
42. Revise and republish Sec. 1090.610 to read as follows:
Sec. 1090.610 Exemptions for temporary research, development, and
testing.
(a) Requests for an exemption. (1) Any person may receive an
exemption from the standards specified in this part for fuel, fuel
additive, or regulated blendstock used for research, development, or
testing (``R&D'') purposes under paragraph (b) of this section by
submitting the information specified in paragraph (c) of this section
as specified in Sec. 1090.10 and meeting the requirements of paragraph
(d) of this section.
(2) Any person who performs emissions certification testing for a
motor vehicle or motor vehicle engine under 42 U.S.C. 7525 or nonroad
engine or nonroad vehicle under 42 U.S.C. 7546 is exempt from the
standards specified in this part for the fuel, fuel additive, or
regulated blendstock they use for emissions certification testing if
they have an exemption under 40 CFR parts 85 and 86 to perform such
testing.
(b) Criteria for an R&D exemption. For an R&D exemption to be
granted, the person requesting an exemption must do all the following:
(1) Demonstrate that the exemption is for an appropriate R&D
purpose.
(2) Demonstrate that an exemption is necessary.
(3) Design an R&D program that is reasonable in scope.
(4) Have a degree of control consistent with the purpose of the R&D
program and EPA's monitoring requirements.
(5) Meet the requirements specified in paragraphs (c) and (d) of
this section.
(c) Information required to be submitted. To aid in demonstrating
each of the elements in paragraph (b) of this section, the person
requesting an exemption must include, at a minimum, all the following
information:
(1) A concise statement of the purpose of the R&D program
demonstrating that the R&D program has an appropriate R&D purpose.
(2) An explanation of why the stated purpose of the R&D program is
unable to be achieved in a practicable manner without meeting the
requirements of this part.
(3) A demonstration of the reasonableness of the scope of the R&D
program, including all the following:
(i) An estimate of the R&D program's duration in time (including
beginning and ending dates).
[[Page 70069]]
(ii) An estimate of the maximum number of vehicles, engines, and
equipment involved in the program, and the number of miles and engine
hours that will be accumulated on each.
(iii) The manner in which the information on the vehicles, engines,
or equipment used in the R&D program will be recorded and made
available to EPA upon request.
(iv) An estimate of the volume of fuel, fuel additive, or regulated
blendstock expected to be used in the R&D program that does not comply
with the requirements of this part, as applicable.
(v) A list of how all applicable standards of this part would or
would not apply to the fuel, fuel additive, or regulated blendstock
expected to be used in the R&D program.
(4) With regard to control, a demonstration that the R&D program
affords EPA a monitoring capability, including all the following:
(i) A description of the technical and operational aspects of the
R&D program.
(ii) The site of the R&D program (including facility name, street
address, city, county, state, and ZIP code).
(iii) The manner in which information on the vehicles, engines, or
equipment used in the R&D program will be recorded and made available
to EPA upon request.
(iv) The manner in which information on the fuel, fuel additive, or
regulated blendstock used in the R&D program (including quantity,
properties, name, address, telephone number, and contact person of the
supplier, and the date received from the supplier) will be recorded and
made available to EPA upon request.
(v) The manner in which the person will ensure that fuel, fuel
additive, or regulated blendstock used in the R&D program will be
segregated from non-exempt fuel, fuel additive, or regulated blendstock
and how fuel dispensers will be labeled to ensure that fuel, fuel
additive, or regulated blendstock used in the R&D program is not
dispensed for use in motor vehicles or nonroad engines, vehicles, or
equipment, including locomotive or marine engines, that are not part of
the R&D program.
(vi) The name, business address, telephone number, and title of the
person in the organization requesting an exemption from whom further
information on the application may be obtained.
(vii) The name, business address, telephone number, and title of
the person in the organization requesting an exemption who is
responsible for recording and making available the information
specified in this paragraph (c), and the location where such
information will be maintained.
(viii) Any other information requested by EPA to determine whether
the R&D program satisfies the criteria in paragraph (b) of this
section.
(d) Additional requirements. (1) Fuel, fuel additive, or regulated
blendstock used in the R&D program must meet all the following
requirements:
(i) The fuel, fuel additive, or regulated blendstock must be
accompanied by PTDs that meet the requirements of subpart L of this
part.
(ii) The fuel, fuel additive, or regulated blendstock must be
designated as exempt fuel, fuel additive, or regulated blendstock by
the fuel, fuel additive, or regulated blendstock manufacturer or
supplier, as applicable.
(iii) The fuel, fuel additive, or regulated blendstock must be
completely segregated from non-exempt fuel, fuel additive, or regulated
blendstock at all points in the distribution system.
(iv) The fuel, fuel additive, or regulated blendstock must not be
sold, distributed, offered for sale or distribution, dispensed,
supplied, offered for supply, transported to or from, or stored by a
retail outlet or WPC facility, unless the WPC facility is associated
with the R&D program that uses the fuel, fuel additive, or regulated
blendstock.
(2) At the completion of the R&D program, any emission control
systems or elements of design that are damaged or rendered inoperative
must be replaced on vehicles, engines, or equipment remaining in
service or the responsible person will be liable for a violation of 42
U.S.C. 7522(a)(3), unless sufficient evidence is supplied that the
emission controls or elements of design were not damaged.
(e) Approval of exemption. EPA may grant an R&D exemption upon a
demonstration that the requirements of this section have been met. The
R&D exemption approval may include such terms and conditions as EPA
determines necessary to monitor the exemption and to carry out the
purposes of this part, including restoration of emission control
systems.
(1) The volume of fuel, fuel additive, or regulated blendstock used
in the R&D program must not exceed the amount estimated in paragraph
(c)(3)(iv) of this section, unless EPA grants an approval for a greater
amount.
(2) Any R&D exemption granted under this section will expire at the
completion of the R&D program or 1 year from the date of approval,
whichever occurs first, and may only be extended upon re-application
consistent with the requirements of this section.
(3) If any information required in paragraph (c) of this section
changes after approval of the R&D exemption, the responsible person
must notify EPA in writing immediately.
(f) Notification of completion. Any person with an approved R&D
exemption under this section must notify EPA in writing within 30 days
after completion of the R&D program.
0
43. Revise and republish Sec. 1090.615 to read as follows:
Sec. 1090.615 Exemptions for racing and aviation.
Fuel, fuel additive, or regulated blendstock that is used in
aircraft, or is used in racing vehicles or racing boats in sanctioned
racing events, is exempt from the standards in subparts C and D of this
part if all the following requirements are met:
(a) The fuel, fuel additive, or regulated blendstock must be
identified on PTDs and on any fuel dispenser from which the fuel, fuel
additive, or regulated blendstock is dispensed as restricted for use
either in aircraft or in racing motor vehicles or racing boats that are
used only in sanctioned racing events.
(b) The fuel, fuel additive, or regulated blendstock must be
completely segregated from non-exempt fuel, fuel additive, or regulated
blendstock at all points in the distribution system.
(c) The fuel, fuel additive, or regulated blendstock must not made
available for use as gasoline or diesel fuel subject to the standards
in subpart C or D of this part, respectively, or dispensed for use in
motor vehicles or nonroad engines, vehicles, or equipment, including
locomotive or marine engines, except for those used only in aircraft or
in sanctioned racing events.
0
44. Revise and republish Sec. 1090.620 to read as follows:
Sec. 1090.620 Exemptions for Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
Fuel that is produced, imported, sold, offered for sale, supplied,
offered for supply, stored, dispensed, or transported for use in the
territories of Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands, is exempt from the standards in subparts C
and D of this part if all the following requirements are met:
(a) The fuel must be designated by the fuel manufacturer as
gasoline, diesel fuel, or ECA marine fuel for use only in Guam,
American Samoa, or the
[[Page 70070]]
Commonwealth of the Northern Mariana Islands.
(b) The fuel must be used only in Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands.
(c) The fuel must be accompanied by PTDs that meet the requirements
of subpart L of this part.
(d) The fuel must be completely segregated from non-exempt fuel at
all points from the point the fuel is designated as exempt fuel for use
only in Guam, American Samoa, or the Commonwealth of the Northern
Mariana Islands, while the exempt fuel is in the United States
(including an ECA or an ECA associated area under 40 CFR 1043.20) but
outside these territories.
0
45. Amend Sec. 1090.625 by:
0
a. Revising paragraphs (b)(2), (b)(5), and (c)(1);
0
b. Revising and republishing paragraph (d)(2); and
0
c. Revising paragraph (e).
The revisions and republication read as follows:
Sec. 1090.625 Exemptions for California gasoline and diesel fuel.
* * * * *
(b) * * *
(2) Designated California gasoline or diesel fuel must be
completely segregated from fuel that is not California gasoline or
diesel fuel at all points in the distribution system.
* * * * *
(5) Each transferor and transferee of California gasoline or diesel
fuel produced outside the state of California must maintain copies of
PTDs as specified in subpart M of this part.
* * * * *
(c) * * *
(1) Comply with the sampling and testing provisions specified in
subpart N of this part, as applicable.
* * * * *
(d) * * *
(2) Redesignates the California gasoline as gasoline under this
part without recertification and does all the following:
(i) Demonstrates that the gasoline meets all applicable
requirements for California reformulated gasoline under Title 13 of the
California Code of Regulations.
(ii) Properly redesignates the gasoline under Sec.
1090.1010(b)(2)(vi).
(iii) Generates PTDs under subpart L of this part.
(iv) Keeps records under subpart M of this part.
(v) Does not include the redesignated California gasoline in their
average standard compliance calculations.
(e) California diesel fuel used outside of California. California
diesel fuel may be used in any part of the United States outside of the
state of California without recertification if the manufacturer or
distributor of the California diesel fuel redesignates the California
diesel fuel as diesel fuel under this part and does all the following:
(1) Demonstrates that the diesel fuel meets all applicable
requirements for California diesel fuel under Title 13 of the
California Code of Regulations.
(2) Properly redesignates the diesel fuel under Sec.
1090.1015(b)(3)(iii).
(3) Generates PTDs under subpart L of this part.
(4) Keeps records under subpart M of this part.
0
46. Revise and republish Sec. 1090.630 to read as follows:
Sec. 1090.630 Exemptions for Alaska, Hawaii, Puerto Rico, and the
U.S. Virgin Islands summer gasoline.
Summer gasoline that is produced, imported, sold, offered for sale,
supplied, offered for supply, stored, dispensed, or transported for use
in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands is exempt
from the RVP standards in Sec. 1090.215 if all the following
requirements are met:
(a) The summer gasoline must be designated by the fuel manufacturer
as summer gasoline for use only in Alaska, Hawaii, Puerto Rico, or the
U.S. Virgin Islands.
(b) The summer gasoline must be used only in Alaska, Hawaii, Puerto
Rico, or the U.S. Virgin Islands.
(c) The summer gasoline must be accompanied by PTDs that meet the
requirements of subpart L of this part.
(d) The summer gasoline must be completely segregated from non-
exempt gasoline at all points from the point the summer gasoline is
designated as exempt fuel for use only in Alaska, Hawaii, Puerto Rico,
or the U.S. Virgin Islands, while the exempt summer gasoline is in the
United States but outside these states or territories.
0
47. Amend Sec. 1090.635 by revising the section heading to read as
follows:
Sec. 1090.635 Exemptions for refinery extreme, unusual, and
unforeseen hardship.
* * * * *
0
48. Revise and republish Sec. 1090.640 to read as follows:
Sec. 1090.640 Exemptions for E85.
(a) Gasoline that is used to produce E85 is exempt from the
gasoline deposit control requirements in Sec. 1090.260.
(b) Any person who uses the exemption in paragraph (a) of this
section must keep records to demonstrate that such exempt gasoline was
used to produce E85 and was not distributed from a terminal for use as
gasoline.
0
49. Revise and republish Sec. 1090.645 to read as follows:
Sec. 1090.645 Exemptions for exports of fuel, fuel additive, and
regulated blendstock.
(a) Fuel, fuel additive, or regulated blendstock that is exported
for sale outside of the United States is exempt from the standards in
subparts C and D of this part if all the following requirements are
met:
(1) The fuel, fuel additive, or regulated blendstock must be
designated for export by the fuel manufacturer, fuel additive
manufacturer, or regulated blendstock producer.
(2) The fuel, fuel additive, or regulated blendstock designated for
export must be accompanied by PTDs that meet the requirements of
subpart L of this part.
(3) The fuel manufacturer, fuel additive manufacturer, or regulated
blendstock producer must keep records that demonstrate that the fuel,
fuel additive, or regulated blendstock was ultimately exported from the
United States.
(4) The fuel, fuel additive, or regulated blendstock must be
completely segregated from non-exempt fuel, fuel additive, or regulated
blendstock at all points from the point the fuel, fuel additive, or
regulated blendstock is designated for export to the point where it is
ultimately exported from the United States.
(b) Fuel, fuel additive, or regulated blendstock certified and
designated for export may be certified for use in the United States if
all the applicable requirements of this part are met.
(c) Any fuel dispensed from a retail outlet within the geographic
boundaries of the United States is not exempt under this section.
0
50. Revise and republish Sec. 1090.650 to read as follows:
Sec. 1090.650 Exemptions for distillate global marine fuel.
(a) Distillate global marine fuel that is produced, imported, sold,
offered for sale, supplied, offered for supply, stored, dispensed, or
transported for use in steamships or Category 3 marine vessels is
exempt from the standards in subpart D of this part when operating
outside of ECA boundaries if all the following requirements are met:
(1) The fuel must not exceed 0.50 weight percent sulfur (5,000
ppm).
(2) The fuel must be accompanied by PTDs that meet the requirements
of subpart L of this part.
(3) The fuel must be designated as distillate global marine fuel.
[[Page 70071]]
(4) The fuel must be completely segregated from non-exempt fuel at
all points in the distribution system.
(5) The fuel must not be used in vehicles, engines, or equipment
other than in steamships or Category 3 marine vessels.
(b)(1) Fuel that does not meet the requirements specified in
paragraph (a) of this section is subject to the standards,
requirements, and prohibitions that apply for ULSD under this part.
(2) Any person who produces, imports, sells, offers for sale,
supplies, offers for supply, stores, dispenses, or transports
distillate global marine fuel without meeting the applicable
recordkeeping requirements of subpart M of this part must not claim the
fuel is exempt from the standards, requirements, and prohibitions that
apply for ULSD under this part.
Subpart H--Averaging, Banking, and Trading Provisions
0
51. Amend Sec. 1090.700 by:
0
a. Revising and republishing paragraphs (a) and (b); and
0
b. Revising paragraphs (e)(7) and (8).
The revisions and republications read as follows:
Sec. 1090.700 Compliance with average standards.
(a) Compliance with the sulfur average standard. For each of their
facilities, a gasoline manufacturer must demonstrate compliance with
the sulfur average standard in Sec. 1090.205(a) by using the equations
in paragraphs (a)(1) and (2) of this section.
(1) Compliance sulfur value calculation. (i) The compliance sulfur
value is determined as follows:
CSVy = Stot,y + Ds,(y-1) +
DS_Oxy_Total,y - CS
Where:
CSVy = Compliance sulfur value for compliance period y,
in ppm-gallons.
Stot,y = Total amount of sulfur produced during
compliance period y, per paragraph (a)(1)(ii) of this section, in
ppm-gallons.
Ds,(y-1) = Sulfur deficit from compliance period y-1, per
Sec. 1090.715(a)(1), in ppm-gallons.
DS_Oxy_Total,y = Total sulfur deficit from downstream BOB
recertification during compliance period y, per Sec.
1090.740(b)(1), in ppm-gallons.
CS = Sulfur credits used by the gasoline manufacturer,
per Sec. 1090.720, in ppm-gallons.
(ii) The total amount of sulfur produced is determined as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU24.383
Where:
Stot,y = Total amount of sulfur produced during
compliance period y, in ppm-gallons.
Vi = Volume of gasoline produced or imported in batch i,
in gallons.
Si = Sulfur content of batch i, in ppm.
i = Individual batch of gasoline produced or imported during the
compliance period.
n = Number of batches of gasoline produced or imported during the
compliance period.
If the calculation of Stot,y results in a negative
number, replace it with zero.
(2) Sulfur compliance calculation. (i) Compliance with the sulfur
average standard in Sec. 1090.205(a) is achieved if the following
equation is true:
CSVy <= Vtot [middot] Sstd
Where:
CSVy = Compliance sulfur value for compliance period y,
per paragraph (a)(1)(i) of this section, in ppm-gallons.
Vtot = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Sstd = Gasoline sulfur average standard, per Sec.
1090.205(a), in ppm.
(ii) Compliance with the sulfur average standard in Sec.
1090.205(a) is not achieved if a deficit is incurred two or more
consecutive years. A gasoline manufacturer incurs a deficit under Sec.
1090.715 if the following equation is true:
CSVy > Vtot [middot] Sstd
Where:
CSVy = Compliance sulfur value for compliance period y,
per paragraph (a)(1)(i) of this section, in ppm-gallons.
Vtot = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Sstd = Sulfur average standard, per Sec. 1090.205(a), in
ppm.
(b) Compliance with the benzene average standards. For each of
their facilities, a gasoline manufacturer must demonstrate compliance
with the benzene average standard in Sec. 1090.210(a) by using the
equations in paragraphs (b)(1) and (2) of this section and with the
maximum benzene average standard in Sec. 1090.210(b) by using the
equations in paragraphs (b)(3) and (4) of this section.
(1) Compliance benzene value calculation. (i) The compliance
benzene value is determined as follows:
CBVy = Bztot,y + DBz,(y-1) +
DBz_Oxy_Total,y - CBz
Where:
CBVy = Compliance benzene value for compliance period y,
in benzene gallons.
Bztot,y = Total amount of benzene produced during
compliance period y, per paragraph (b)(1)(ii) of this section, in
benzene gallons.
DBz,(y-1) = Benzene deficit from compliance period y-1,
per Sec. 1090.715(a)(2), in benzene gallons.
DBz_Oxy_Total,y = Total benzene deficit from downstream
BOB recertification during compliance period y, per Sec.
1090.740(b)(3), in benzene gallons.
CBz = Benzene credits used by the gasoline manufacturer,
per Sec. 1090.720, in benzene gallons.
(ii) The total amount of benzene produced is determined as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU24.384
Where:
Bztot,y = Total amount of benzene produced during
compliance period y, in benzene gallons.
Vi = Volume of gasoline produced or imported in batch i,
in gallons.
Bzi = Benzene content of batch i, in volume percent.
i = Individual batch of gasoline produced or imported during the
compliance period.
n = Number of batches of gasoline produced or imported during the
compliance period.
If the calculation of Bztot,y results in a negative
number, replace it with zero.
(2) Benzene average compliance calculation. (i) Compliance with the
benzene average standard in Sec. 1090.210(a) is achieved if the
following equation is true:
CBVy <= Vtot [middot] Bzavg_std
Where:
CBVy = Compliance benzene value for compliance period y,
per paragraph (b)(1)(i) of this section, in benzene gallons.
Vtot = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Bzavg_std = Benzene average standard, per Sec.
1090.210(a), in volume percent.
(ii) Compliance with the benzene average standard in Sec.
1090.210(a) is not achieved if a deficit is incurred two or more
consecutive years. A gasoline manufacturer incurs a deficit under Sec.
1090.715 if the following equation is true:
CBVy > Vtot[middot] Bzavg_std
Where:
CBVy = Compliance benzene value for compliance period y,
per paragraph (b)(1)(i) of this section, in benzene gallons.
Vtot = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Bzavg_std = Benzene average standard, per Sec.
1090.210(a), in volume percent.
(3) Average benzene concentration calculation. The average benzene
concentration is determined as follows:
[[Page 70072]]
[GRAPHIC] [TIFF OMITTED] TP28AU24.385
Where:
Bzavg,y = Average benzene concentration for compliance
period y, in volume percent.
Vi = Volume of gasoline produced or imported in batch i,
in gallons.
Bzi = Benzene content of batch i, in volume percent.
i = Individual batch of gasoline produced or imported during the
compliance period.
n = Number of batches of gasoline produced or imported during the
compliance period.
Vtot = Total volume of gasoline produced or imported
during the compliance period, in gallons.
(4) Maximum benzene average compliance calculation. Compliance with
the maximum benzene average standard in Sec. 1090.210(b) is achieved
if the following equation is true:
Bzavg,y <= Bzmax_std
Where:
Bzavg,y = Average benzene concentration for compliance
period y, per paragraph (b)(3) of this section, in volume percent.
Bzmax_std = Maximum benzene average standard, per Sec.
1090.210(b), in volume percent.
(5) Rounding and reporting benzene values. (i) The total amount of
benzene produced, as calculated in paragraph (b)(1)(ii) of this
section, must be rounded to the nearest whole benzene gallon in
accordance with Sec. 1090.50.
(ii) The average benzene concentration, as calculated in paragraph
(b)(3) of this section, must be rounded and reported to two decimal
places in accordance with Sec. 1090.50.
* * * * *
(e) * * *
(7) Gasoline imported by rail or truck using the provisions of
Sec. 1090.1610 to meet the alternative per-gallon standards of
Sec. Sec. 1090.205(d) and 1090.210(c).
(8) Gasoline exempt under subpart G of this part from the average
standards in subpart C of this part (e.g., California gasoline, racing
fuel, etc.).
0
52. Amend Sec. 1090.710 by revising the introductory text to read as
follows:
Sec. 1090.710 Downstream oxygenate accounting.
The requirements of this section apply to BOB for which a gasoline
manufacturer accounts for the effects of the oxygenate blending that
occurs downstream of the fuel manufacturing facility gate in the
gasoline manufacturer's average standard compliance calculations under
this subpart. This section also includes requirements for oxygenate
blenders to ensure that oxygenate is added in accordance with the
blending instructions specified by the gasoline manufacturer in order
to ensure fuel quality standards are met.
* * * * *
0
53. Amend Sec. 1090.715 by revising and republishing paragraph (a) to
read as follows:
Sec. 1090.715 Deficit carryforward.
(a) A gasoline manufacturer incurs a compliance deficit if they
exceed the average standard specified in subpart C of this part for a
given compliance period. The deficit incurred must be determined as
specified in paragraph (a)(1) of this section for sulfur and paragraph
(a)(2) of this section for benzene.
(1) The sulfur deficit incurred is determined as follows:
DS,y = CSVy - Vtot [middot]
Sstd
Where:
DS,y = Sulfur deficit incurred for compliance period y,
in ppm-gallons.
CSVy = Compliance sulfur value for compliance period y,
per Sec. 1090.700(a)(1), in ppm-gallons.
Vtot = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Sstd = Sulfur average standard, per Sec. 1090.205(a), in
ppm.
(2) The benzene deficit incurred is determined as follows:
DBz,y = CBVy - Vtot [middot]
Bzavg_std
Where:
DBz,y = Benzene deficit incurred for compliance period y,
in benzene gallons.
CBVy = Compliance benzene value for compliance period y,
per Sec. 1090.700(b)(1)(i), in benzene gallons.
Vtot = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Bzavg_std = Benzene average standard, per Sec.
1090.210(a), in volume percent.
* * * * *
0
54. Amend Sec. 1090.720 by revising paragraphs (c)(5) and (d) to read
as follows:
Sec. 1090.720 Credit use.
* * * * *
(c) * * *
(5) A gasoline manufacturer must only use credits that they own at
the time of use.
(d) Credit reporting. A gasoline manufacturer that generates,
transacts, or uses credits under this subpart must submit reports to
EPA that include all information regarding credits as specified in
Sec. 1090.905 using forms and procedures specified by EPA.
* * * * *
0
55. Amend Sec. 1090.725 by revising paragraphs (a)(2)(vi), (c)(1),
(d)(1), and (f) to read as follows:
Sec. 1090.725 Credit generation.
(a) * * *
(2) * * *
(vi) Importation of gasoline by rail or truck using the alternative
sampling and testing requirements in Sec. 1090.1610.
* * * * *
(c) * * *
(1) The number of sulfur credits generated is determined as
follows:
CS,y = Vtot [middot] Sstd -
CSVy
Where:
CS,y = Sulfur credits generated for compliance period y,
in ppm-gallons.
Vtot = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Sstd = Sulfur average standard, per Sec. 1090.205(a), in
ppm.
CSVy = Compliance sulfur value for compliance period y,
per Sec. 1090.700(a)(1), in ppm-gallons.
* * * * *
(d) * * *
(1) The number of benzene credits generated is determined as
follows:
CBz,y = Vtot [middot] Bzavg_std -
CBVy
Where:
CBz,y = Benzene credits generated for compliance period
y, in benzene gallons.
Vtot = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Bzavg_std = Benzene average standard, per Sec.
1090.210(a), in volume percent.
CBVy = Compliance benzene value for compliance period y,
per Sec. 1090.700(b)(1)(i), in benzene gallons.
* * * * *
(f) Credit generation reporting. A gasoline manufacturer that
generates credits under this section must submit reports to EPA that
contain all information regarding credit generation as specified in
Sec. 1090.905 using forms and procedures specified by EPA.
0
56. Amend Sec. 1090.730 by revising paragraphs (f) and (h) to read as
follows:
Sec. 1090.730 Credit transfers.
* * * * *
(f) No person may transfer credits if the transfer would cause them
to incur a compliance deficit under Sec. 1090.715.
* * * * *
(h) The transferor and the transferee must submit reports to EPA
that include all information regarding the transaction as specified in
Sec. 1090.905 using forms and procedures specified by EPA.
0
57. Amend Sec. 1090.735 by revising paragraph (a) to read as follows:
Sec. 1090.735 Invalid credits and remedial actions.
* * * * *
(a) Invalid credits must not be used to achieve compliance with an
average
[[Page 70073]]
standard specified in subpart C of this part, regardless of the good
faith belief that the credits were validly generated.
* * * * *
0
58. Amend Sec. 1090.740 by:
0
a. Revising paragraphs (a)(2) and (4); and
0
c. Revising and republishing paragraph (b).
The revisions and republication read as follows:
Sec. 1090.740 Downstream BOB recertification.
(a) * * *
(2) A gasoline manufacturer must comply with applicable
requirements of this part and incur deficits to be included in their
compliance calculations under Sec. 1090.700 for each facility at which
the gasoline manufacturer recertifies BOB.
* * * * *
(4) A party that only recertifies BOB that contains a greater
amount of a specified oxygenate (e.g., a party adds 15 volume percent
ethanol instead of 10 volume percent ethanol to an E10 BOB) or a
different oxygenate at an equal or greater amount (e.g., a party adds
16 volume percent isobutanol instead of 10 volume percent ethanol to an
E10 BOB) does not incur deficits under this section, does not need to
submit reports under subpart J of this part, and does not need to
arrange for an auditor to conduct an audit under subpart S of this
part. The party must still comply with all other applicable provisions
of this part (e.g., register and keep records under subparts I and M of
this part, respectively).
(b) A gasoline manufacturer that recertifies a BOB under this
section must calculate sulfur and benzene deficits for each batch and
the total deficits for sulfur and benzene as follows:
(1) Total sulfur deficit from downstream BOB recertification.
Calculate the total sulfur deficit from downstream BOB recertification
for each facility as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU24.386
Where:
DS_Oxy_Total,y = Total sulfur deficit from downstream BOB
recertification during compliance period y, in ppm-gallons.
DS_Oxy_Batch,i = Sulfur deficit for batch i of
recertified BOB, per paragraph (b)(2) of this section, in ppm-
gallons.
i = Individual batch of BOB recertified during compliance period
y.
n = Number of batches of BOB recertified during compliance
period y.
(2) Sulfur deficits from downstream BOB recertification. Calculate
the sulfur deficit from BOB recertification for each individual batch
of BOB recertified as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU24.387
Where:
DS_Oxy_Batch,i = Sulfur deficit for batch i of
recertified BOB, in ppm-gallons.
VBOB = Volume of BOB in the batch being recertified, in
gallons.
PSV = Presumed sulfur value of recertified BOB, in ppm. For purposes
of this equation, PSV equals 11 ppm.
PTDOxy = Volume fraction of oxygenate that would have
been added to the BOB as specified on PTDs.
ACTUALOxy = Volume fraction of oxygenate that was
actually added to the BOB. If no oxygenate was added to the BOB,
then ACTUALOxy equals 0.
(3) Total benzene deficit from downstream BOB recertification.
Calculate the total benzene deficit from downstream BOB recertification
for each facility as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU24.388
Where:
DBz_Oxy_Total,y = Total benzene deficit from downstream
BOB recertification during compliance period y, in benzene gallons.
DBz_Oxy_Batch,i = Benzene deficit for batch i of
recertified BOB, per paragraph (b)(4) of this section, in benzene
gallons.
i = Individual batch of BOB recertified during compliance period y.
n = Number of batches of BOB recertified during compliance period y.
(4) Benzene deficits from downstream BOB recertification. Calculate
the benzene deficit from BOB recertification for each individual batch
of BOB recertified as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU24.389
Where:
DBz_Oxy_Batch,i = Benzene deficit for batch i of
recertified BOB, in benzene gallons.
VBOB = Volume of BOB in the batch being recertified, in
gallons.
PBV = Presumed benzene value of recertified BOB, in volume percent.
For purposes of this equation, PBV equals 0.68 volume percent.
PTDOxy = Volume fraction of oxygenate that would have
been added to the BOB as specified on PTDs.
ACTUALOxy = Volume fraction of oxygenate that was
actually added to the BOB. If no
[[Page 70074]]
oxygenate was added to the BOB, then ACTUALOxy equals 0.
(5) Deficit rounding. The deficits calculated in paragraphs (b)(1)
through (4) of this section must be rounded and reported to the nearest
sulfur ppm-gallon or benzene gallon in accordance with Sec. 1090.50,
as applicable.
* * * * *
0
59. Revise and republish Sec. 1090.745 to read as follows:
Sec. 1090.745 Informational annual average calculations.
(a) A gasoline manufacturer must calculate and report annual
average sulfur and benzene concentrations for each of their facilities
as specified in this section. The values calculated and reported under
this section are not used to demonstrate compliance with average
standards under this part.
(b) A gasoline manufacturer must calculate and report their
unadjusted average sulfur concentration as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU24.390
Where:
Savg,y = Facility unadjusted average sulfur concentration
for compliance period y, in ppm. Round and report Savg,y
to two decimal places.
Vi = Volume of gasoline produced or imported in batch i,
in gallons.
Si = Sulfur content of batch i, in ppm.
i = Individual batch of gasoline produced or imported during the
compliance period.
n = Number of batches of gasoline produced or imported during the
compliance period.
Vtot = Total volume of gasoline produced or imported
during the compliance period, in gallons.
(c) A gasoline manufacturer must calculate and report their net
average sulfur concentration as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU24.391
Where:
Snet_avg,y = Facility net average sulfur concentration
for compliance period y, in ppm. Round and report
Snet_avg,y to two decimal places.
CSVy = Compliance sulfur value for compliance period y,
per Sec. 1090.700(a)(1), in ppm-gallons.
Vtot = Total volume of gasoline produced or imported
during the compliance period, in gallons.
(d) A gasoline manufacturer must calculate and report their net
average benzene concentration as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU24.392
Where:
Bnet_avg,y = Facility net average benzene concentration
for compliance period y, in volume percent. Round and report
Bnet_avg,y to two decimal places.
CBVy = Compliance benzene value for compliance period y,
per Sec. 1090.700(b)(1)(i), in benzene gallons.
Vtot = Total volume of gasoline produced or imported
during the compliance period, in gallons.
Subpart I--Registration
0
60. Amend Sec. 1090.800 by revising paragraph (d) to read as follows:
Sec. 1090.800 General provisions.
* * * * *
(d) RCO submission. Registration information must be submitted by
the RCO. The RCO may delegate responsibility to a person who is
familiar with the requirements of this part and who is no lower in the
organization than a fuel manufacturing facility manager, or equivalent.
* * * * *
0
61. Amend Sec. 1090.805 by revising and republishing paragraph (b) to
read as follows:
Sec. 1090.805 Contents of registration.
* * * * *
(b) Additional information required for certified pentane
producers. In addition to the information in paragraph (a) of this
section, a certified pentane producer must also submit the following
information:
(1) A description of the certified pentane production facility that
demonstrates that the facility is capable of producing certified
pentane that is compliant with the requirements of this part without
significant modifications to the existing facility.
(2) A description of how certified pentane will be shipped from the
certified pentane production facility to the certified pentane
blender(s) and the associated quality assurance practices that
demonstrate that contamination during distribution can be adequately
controlled so as not to cause certified pentane to be in violation of
the standards in this part.
0
62. Amend Sec. 1090.815 by revising paragraph (a)(4) to read as
follows:
Sec. 1090.815 Deactivation (involuntary cancellation) of
registration.
(a) * * *
(4) Any required attestation engagement report has not been
received within 30 days of the required submission date.
* * * * *
0
63. Amend Sec. 1090.820 by revising paragraph (b)(3) to read as
follows:
Sec. 1090.820 Changes of ownership.
* * * * *
(b) * * *
(3) A letter, signed by the RCO from the company that currently
owns or will own the company or facility and, if possible,
documentation from the company that previously registered the company
or facility that details the effective date of the transfer of
ownership of the company or facility and summarizes any changes to the
registration information.
* * * * *
Subpart J--Reporting
0
64. Amend Sec. 1090.900 by revising paragraphs (c) and (d) to read as
follows:
Sec. 1090.900 General provisions.
* * * * *
(c) Report deadlines. All annual, batch, and credit transaction
reports required under this subpart, except attestation engagement
reports, must be submitted by March 31 for the preceding compliance
period (e.g., reports covering the calendar year 2021 must be submitted
to EPA by no later than March 31, 2022). Attestation engagement reports
must be submitted by June 1 for the preceding compliance period (e.g.,
attestation engagement reports covering calendar year 2021 must be
submitted to EPA by no later than June 1, 2022). Independent survey
quarterly reports must be submitted by the deadlines in Table 1 to
paragraph (a)(4) in Sec. 1090.925.
(d) RCO submission. Reports must be signed and submitted by the RCO
or their delegate.
0
65. Amend Sec. 1090.905 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a)(2)(iv)(E), (b)(2)(vi)(E), (c)(1)(viii)(A),
(c)(2)(ii) and (iii), and (c)(2)(viii)(A);
0
c. Removing paragraph (c)(3)(i)(H) and redesignating paragraphs
(c)(3)(i)(I) and (J) as paragraphs (c)(3)(i)(H) and (I); and
0
d. Revising paragraphs (c)(4) introductory text, (c)(5)(i)(E), and
(c)(8)(vii)(A).
The revisions read as follows:
Sec. 1090.905 Reports by gasoline manufacturers.
(a) * * *
(2) * * *
(iv) * * *
(E) The total sulfur deficit from downstream BOB recertification,
per Sec. 1090.740(b)(1).
* * * * *
(b) * * *
(2) * * *
(vi) * * *
[[Page 70075]]
(E) The total benzene deficit from downstream BOB recertification,
per Sec. 1090.740(b)(3).
* * * * *
(c) * * *
(1) * * *
(viii) * * *
(A) The applicable RVP standard, as specified in Sec. 1090.215,
and whether the ethanol 1.0 psi waiver under Sec. 1090.215(b) applies.
* * * * *
(2) * * *
(ii) The batch number.
(iii) The date the batch was produced or imported.
* * * * *
(viii) * * *
(A) The applicable RVP standard, as specified in Sec. 1090.215,
and whether the ethanol 1.0 psi waiver under Sec. 1090.215(b) applies,
for the neat CBOB, or hand blend of RBOB and oxygenate prepared under
Sec. 1090.1340.
* * * * *
(4) For blendstock(s) added to PCG by a gasoline manufacturer
complying by addition under Sec. 1090.1320(a)(2), report each
blendstock as a separate batch and all the following information:
* * * * *
(5) * * *
(i) * * *
(E) The volume percentage of butane in batches of butane, or
pentane in batches of pentane, provided by the certified butane or
certified pentane supplier.
* * * * *
(8) * * *
(vii) * * *
(A) The applicable RVP standard, as specified in Sec. 1090.215,
and whether the ethanol 1.0 psi waiver under Sec. 1090.215(b) applies.
* * * * *
0
66. Amend Sec. 1090.910 by:
0
a. Revising the section heading; and
0
b. Revising the introductory text and paragraphs (a)(1)(ix) and (x).
The revisions read as follows:
Sec. 1090.910 Reports by gasoline manufacturers that recertify BOB to
gasoline.
A gasoline manufacturer that recertifies BOB under Sec. 1090.740
must report the information of this section, as applicable.
(a) * * *
(1) * * *
(ix) The sulfur deficit for the batch calculated under Sec.
1090.740(b)(2).
(x) The benzene deficit for the batch calculated under Sec.
1090.740(b)(4).
* * * * *
0
67. Amend Sec. 1090.915 by:
0
a. Revising the section heading; and
0
b. Revising paragraph (c)(5).
The revisions read as follows:
Sec. 1090.915 Reports by oxygenate producers and importers.
* * * * *
(c) * * *
(5) The sulfur content of the batch, in ppm, and the method used to
determine the sulfur content.
* * * * *
0
68. Amend Sec. 1090.925 by revising paragraphs (b)(3) introductory
text and (c)(3)(ii) through (iv) to read as follows:
Sec. 1090.925 Reports by independent surveyors.
* * * * *
(b) * * *
(3) For each diesel fuel sample collected at a retail outlet by the
independent surveyor:
* * * * *
(c) * * *
(3) * * *
(ii) The mean, median, and range expressed in appropriate units for
each measured fuel parameter.
(iii) The standard deviation for each measured fuel parameter.
(iv) The estimated compliance rate for each measured fuel parameter
subject to a per-gallon standard in subpart C or D of this part.
* * * * *
0
69. Revise and republish Sec. 1090.930 to read as follows:
Sec. 1090.930 Reports by auditors.
(a) Attestation engagement reports required under subpart S of this
part must be submitted by an independent auditor registered with EPA
and associated with a company, or companies, through registration under
subpart I of this part. Each attestation engagement report must clearly
identify the company and compliance level (e.g., facility), time
period, and scope covered by the report. Attestation engagement reports
covered by this section include those required under this part and
those required under 40 CFR part 80, subpart M, beginning with the
report due June 1, 2022.
(b) An attestation engagement report must be submitted to EPA
covering each compliance period by June 1 of the following calendar
year. The auditor must make the attestation engagement report available
to the company for which it was performed.
(c) The attestation engagement must comply with subpart S of this
part and the attestation engagement report must clearly identify the
methodologies followed and any findings, exceptions, and variances.
(d) A single attestation engagement report submission by the
auditor may include procedures performed under this part and under 40
CFR part 80, subpart M. If a single submission method is used, the
auditor must clearly and separately describe the procedures and
findings for each program.
(e) The auditor must submit written acknowledgement from the RCO
that the gasoline manufacturer has reviewed the attestation engagement
report.
0
70. Amend Sec. 1090.935 by revising paragraphs (a)(1) introductory
text and (a)(1)(i) to read as follows:
Sec. 1090.935 Reports by diesel fuel manufacturers.
(a) * * *
(1) For each compliance period, a diesel fuel manufacturer that
produces ULSD must submit the following information:
(i) The EPA-issued company and facility identifiers for the diesel
fuel manufacturer.
* * * * *
Subpart K--Batch Certification and Designation
0
71. Amend Sec. 1090.1000 by revising paragraphs (b)(2)(ii), (b)(4)
introductory text, (b)(5), (c)(2)(ii), and (e)(2)(i)(A) to read as
follows:
Sec. 1090.1000 Batch certification requirements.
* * * * *
(b) * * *
(2) * * *
(ii) Ensure that each batch of gasoline meets the applicable
requirements of subpart C of this part using the applicable procedures
specified in subpart N of this part. A transmix processor must also
meet all applicable requirements of subpart F of this part to ensure
that each batch of gasoline meets the applicable requirements of
subpart C of this part.
* * * * *
(4) Any person who mixes summer gasoline with summer or winter
gasoline that has a different designation must comply with one of the
following:
* * * * *
(5) Any person who mixes summer gasoline with winter gasoline to
transition any storage tank from winter to summer gasoline is exempt
from the requirement in paragraph (b)(4)(ii) of this section but must
ensure that the gasoline meets the applicable RVP standard in Sec.
1090.215.
(c) * * *
(2) * * *
(ii) Ensure that each batch of diesel fuel or ECA marine fuel meets
the
[[Page 70076]]
applicable requirements of subpart D of this part using the applicable
procedures specified in subpart N of this part. A transmix processor
must also meet all applicable requirements specified in subpart F of
this part to ensure that each batch of diesel fuel or ECA marine fuel
meets the applicable requirements of subpart D of this part.
* * * * *
(e) * * *
(2) * * *
(i) * * *
(A) Testing must occur after the most recent delivery into the
certified butane producer's storage tank, before transferring the
certified butane batch for delivery.
* * * * *
0
72. Amend Sec. 1090.1005 by revising the section heading to read as
follows:
Sec. 1090.1005 Designation of batches of fuel, fuel additive, and
regulated blendstock.
* * * * *
0
73. Amend Sec. 1090.1010 by revising paragraph (c)(2) to read as
follows:
Sec. 1090.1010 Designation requirements for gasoline and regulated
blendstocks.
* * * * *
(c) * * *
(2) The name of the specific oxygenate (e.g., isobutanol).
* * * * *
0
74. Amend Sec. 1090.1015 by:
0
a. Revising the section heading; and
0
b. Revising paragraphs (a) introductory text, (b) introductory text,
and (b)(3)(iii) through (v).
The revisions read as follows:
Sec. 1090.1015 Designation requirements for diesel fuel and
distillate fuel.
(a) Designation requirements for diesel fuel and distillate fuel
manufacturers.
* * * * *
(b) Designation requirements for distributors of diesel fuel and
distillate fuel. A distributor of diesel fuel or distillate fuel must
accurately and clearly designate each batch of diesel fuel or
distillate fuel for which they transfer custody as follows:
* * * * *
(3) * * *
(iii) California diesel fuel may be redesignated as ULSD if the
requirements specified in Sec. 1090.625(e) are met.
(iv) Heating oil, kerosene, ECA marine fuel, or jet fuel may be
redesignated as ULSD if it meets the ULSD standards in Sec. 1090.305
and was designated as ULSD under paragraph (a) of this section.
(v) 500 ppm LM diesel fuel may be redesignated as ECA marine fuel,
distillate global marine fuel, or heating oil. Any person who
redesignates 500 ppm LM diesel fuel to ECA marine fuel or distillate
global marine fuel must maintain records from the producer of the 500
ppm LM diesel fuel (i.e., PTDs accompanying the fuel under Sec.
1090.1115) to demonstrate compliance with the 500 ppm sulfur standard
in Sec. 1090.320(b).
* * * * *
Subpart L--Product Transfer Documents
0
75. Amend Sec. 1090.1100 by revising paragraph (c) to read as follows:
Sec. 1090.1100 General requirements.
* * * * *
(c) Part 80 PTD requirements. For any product subject to 40 CFR
part 80, subpart M, a party must also include the applicable PTD
information required under 40 CFR 80.1453.
0
76. Revise and republish Sec. 1090.1105 to read as follows:
Sec. 1090.1105 PTD requirements for exempt fuel, fuel additive, and
regulated blendstock.
(a) In addition to the information required under Sec. 1090.1100,
on each occasion when any person transfers custody or title to any
exempt fuel, fuel additive, or regulated blendstock under subpart G of
this part, other than when the exempt fuel, fuel additive, or regulated
blendstock is sold or dispensed to the ultimate end user at a retail
outlet or WPC facility, the transferor must provide the transferee PTDs
that include the following statements, as applicable:
(1) National security exemption language. For fuel, fuel additive,
or regulated blendstock with a national security exemption specified in
Sec. 1090.605: ``This fuel is for use in vehicles, engines, or
equipment under an EPA-approved national security exemption only.''
(2) R&D exemption language. For fuel, fuel additive, or regulated
blendstock used for an R&D program specified in Sec. 1090.610: ``This
fuel is for use in research, development, and test programs only.''
(3) Racing fuel language. For fuel, fuel additive, or regulated
blendstock used for racing purposes specified in Sec. 1090.615: ``This
fuel is for racing purposes only.''
(4) Aviation fuel language. For fuel, fuel additive, or regulated
blendstock used in aircraft specified in Sec. 1090.615: ``This fuel is
for aviation use only.''
(5) Territory fuel exemption language. For fuel for use in American
Samoa, Guam, or the Commonwealth of the Northern Mariana Islands
specified in Sec. 1090.620: ``This fuel is for use only in Guam,
American Samoa, or the Northern Mariana Islands.''
(6) California gasoline language. For California gasoline specified
in Sec. 1090.625: ``California gasoline''.
(7) California diesel fuel language. For California diesel fuel
specified in Sec. 1090.625: ``California diesel fuel''.
(8) Alaska, Hawaii, Puerto Rico, and U.S. Virgin Islands summer
gasoline language. For summer gasoline for use in Alaska, Hawaii,
Puerto Rico, or the U.S. Virgin Islands specified in Sec. 1090.630:
``This summer gasoline is for use only in Alaska, Hawaii, Puerto Rico,
or the U.S. Virgin Islands.''
(9) Exported fuel language. For exported fuel, fuel additive, or
regulated blendstock specified in Sec. 1090.645: ``This fuel is for
export from the United States only.''
(b) In statements required by paragraph (a) of this section, where
``fuel'' is designated in a statement, the specific fuel, fuel
additive, or regulated blendstock type (e.g., ``diesel fuel'' or
``gasoline'') may be used in place of the word ``fuel''.
0
77. Amend Sec. 1090.1110 by revising paragraphs (b)(2)(i) introductory
text, (c)(1)(i) introductory text, and (e) to read as follows:
Sec. 1090.1110 PTD requirements for gasoline, gasoline additives, and
gasoline regulated blendstocks.
* * * * *
(b) * * *
(2) * * *
(i) Except as specified in paragraph (b)(2)(ii) of this section,
for batches of summer BOB, identification of the product with one of
the following statements indicating the applicable RVP standard, as
specified in Sec. 1090.215:
* * * * *
(c) * * *
(1) * * *
(i) Except as specified in paragraph (c)(1)(ii) of this section,
for summer gasoline, identification of the product with one of the
following statements indicating the applicable RVP standard, as
specified in Sec. 1090.215:
* * * * *
(e) Gasoline detergent language requirements. (1) In addition to
any other PTD requirements of this subpart, on each occasion when any
person transfers custody or title to any gasoline detergent, the
transferor must provide to the transferee PTDs that include the
following information:
(i) The identity of the product being transferred as detergent.
(ii) The name of the registered detergent must be used to identify
the
[[Page 70077]]
detergent additive package on its PTD and the LAC on the PTD must be
consistent with the requirements in Sec. 1090.260.
(2) In addition to any other PTD requirements of this subpart, on
each occasion when any person transfers custody or title to any
gasoline, the transferor must provide to the transferee PTDs that
include the following information:
(i) The identify of the gasoline being transferred as detergent-
additized gasoline or non-detergent-additized gasoline.
(ii) [Reserved]
* * * * *
0
78. Amend Sec. 1090.1115 by:
0
a. Revising the section heading; and
0
b. Revising paragraph (a).
The revisions read as follows:
Sec. 1090.1115 PTD requirements for distillate fuel and residual
fuel.
(a) General requirements. On each occasion when any person
transfers custody or title of any distillate fuel or residual fuel,
other than when fuel is sold or dispensed to the ultimate end user at a
retail outlet or WPC facility, the transferor must provide the
transferee PTDs that include the following information:
(1) The sulfur per-gallon standard that the transferor represents
the distillate fuel or residual fuel to meet under subpart D of this
part (e.g., 15 ppm sulfur for ULSD or 1,000 ppm sulfur for ECA marine
fuel).
(2) An accurate and clear statement of the applicable
designation(s) of the distillate fuel or residual fuel under Sec.
1090.1015 (e.g., ``ULSD'', ``500 ppm LM diesel fuel'', or ``ECA marine
fuel'').
(3) If the distillate fuel or residual fuel does not meet the
sulfur standard in Sec. 1090.305(b) for ULSD, the following statement:
``Not for use in highway vehicles or engines or nonroad, locomotive, or
marine engines.''
* * * * *
0
79. Amend Sec. 1090.1120 by revising paragraph (b)(3)(iii) to read as
follows:
Sec. 1090.1120 PTD requirements for diesel fuel additives.
* * * * *
(b) * * *
(3) * * *
(iii) The contribution to the sulfur content of the diesel fuel, in
ppm, that would result if the diesel fuel additive package is used at
the maximum recommended concentration.
* * * * *
Subpart M--Recordkeeping
0
80. Amend Sec. 1090.1205 by revising paragraphs (c) introductory text
and (c)(1) through (4) to read as follows:
Sec. 1090.1205 Recordkeeping requirements for all regulated parties.
* * * * *
(c) Sampling and testing. Any party that performs any sampling and
testing on any fuel, fuel additive, or regulated blendstock must keep
records of the following information for each sample collected:
(1) The date, time, location, and identification of the storage
tank, railcar, truck, or vessel from which the sample was collected.
(2) The name and title of the person who collected the sample and
the person who performed the test.
(3) The results of all tests, including where more than one test is
performed, as originally printed by the testing apparatus, or where no
printed result is produced, the results as originally recorded by the
person that performed the test.
(4) The test methodology used.
* * * * *
0
81. Amend Sec. 1090.1210 by revising paragraphs (d)(1) and (d)(2)(i)
to read as follows:
Sec. 1090.1210 Recordkeeping requirements for gasoline manufacturers.
* * * * *
(d) * * *
(1) Records that reflect the storage and movement of the PCG or TGP
and blendstock within the gasoline manufacturing facility to the point
such PCG or TGP is used to produce gasoline or BOB.
(2) * * *
(i) The results of tests to determine the sulfur content, benzene
content, oxygenate(s) content, and in the summer, RVP, for the PCG or
TGP and volume of the PCG or TGP when received at the gasoline
manufacturing facility.
* * * * *
0
82. Amend Sec. 1090.1215 by revising paragraphs (a), (b) introductory
text, and (c) introductory text to read as follows:
Sec. 1090.1215 Recordkeeping requirements for diesel fuel, ECA marine
fuel, and distillate global marine fuel manufacturers.
(a) Overview. In addition to the requirements in Sec. 1090.1205, a
diesel fuel, ECA marine fuel, or distillate global marine fuel
manufacturer must keep records for each of their facilities that
include the information in this section.
(b) Diesel fuel and ECA marine fuel records. For each batch of
ULSD, 500 ppm LM diesel fuel, or ECA marine fuel, a diesel fuel or ECA
marine fuel manufacturer must keep records of the following
information:
* * * * *
(c) Distillate global marine fuel records. For distillate global
marine fuel, a distillate global marine fuel manufacturer must keep
records of the following information:
* * * * *
0
83. Amend Sec. 1090.1230 by revising paragraph (b)(8) to read as
follows:
Sec. 1090.1230 Recordkeeping requirements for oxygenate producers.
* * * * *
(b) * * *
(8) The neat ethanol production quality control records or the test
results on the neat ethanol, as applicable.
* * * * *
0
84. Amend Sec. 1090.1240 by revising paragraphs (b)(2)(i),
(b)(2)(ii)(B), and (b)(2)(vi) to read as follows:
Sec. 1090.1240 Recordkeeping requirements for gasoline detergent
blenders.
* * * * *
(b) * * *
(2) * * *
(i) The dates of the VAR period.
(ii) * * *
(B) For a facility that uses a gauge to measure the inventory of
the detergent storage tank, the total volume of detergent must be
calculated as follows:
VD = DIi - DIf + DIa -
DIw
Where:
VD = Volume of detergent, in gallons.
DIi = Initial detergent inventory of the tank, in
gallons.
DIf = Final detergent inventory of the tank, in gallons.
DIa = Sum of any additions to detergent inventory, in
gallons.
DIw = Sum of any withdrawals from detergent inventory for
purposes other than the additization of gasoline, in gallons.
* * * * *
(vi) If the detergent injector is set below the applicable LAC, or
adjusted by more than 10 percent above the concentration initially set
in the VAR period, documentation establishing that the purpose of the
change is to correct a batch misadditization prior to the end of the
VAR period and prior to the transfer of the batch to another party or
to correct an equipment malfunction and the date and adjustments of the
correction.
* * * * *
0
85. Amend Sec. 1090.1245 by revising paragraph (b)(2) to read as
follows:
Sec. 1090.1245 Recordkeeping requirements for independent surveyors.
* * * * *
[[Page 70078]]
(b) * * *
(2) Records related to a geographically focused E15 survey program
under Sec. 1090.1420(b).
* * * * *
0
86. Amend Sec. 1090.1250 by revising paragraph (b)(2) to read as
follows:
Sec. 1090.1250 Recordkeeping requirements for auditors.
* * * * *
(b) * * *
(2) Copies of each attestation engagement report prepared and all
related records developed to prepare each report.
0
87. Amend Sec. 1090.1255 by:
0
a. Revising the section heading; and
0
b. Revising paragraphs (a), (c)(4), and (d).
The revisions read as follows:
Sec. 1090.1255 Recordkeeping requirements for transmix, 500 ppm LM
diesel fuel, and pipeline interface.
(a) Overview. In addition to the requirements in Sec. 1090.1205, a
transmix processor, transmix blender, transmix distributor,
manufacturer or distributor of 500 ppm LM diesel fuel using transmix,
or pipeline operator must keep records that include the information in
this section.
* * * * *
(c) * * *
(4) Documents or information that demonstrates that the 500 ppm LM
diesel fuel was only used in locomotive or marine engines that are not
required to use ULSD under 40 CFR 1033.815 or 40 CFR 1042.660,
respectively.
(d) Pipeline interface. A pipeline operator must keep records that
demonstrate compliance with the pipeline interface handling practices
in Sec. 1090.520.
Subpart N--Sampling, Testing, and Retention
0
88. Amend Sec. 1090.1300 by revising paragraphs (b) and (d) to read as
follows:
Sec. 1090.1300 General provisions.
* * * * *
(b) If you need to meet requirements for a quality assurance
program at a minimum frequency, the first shipment of product you
receive from each distributor triggers the testing requirement for that
distributor. Perform testing with the first shipment of product to
demonstrate compliance for the testing period. The following example
illustrates the requirements for testing based on sampling the more
frequent of every 90 days or 500,000 gallons of certified butane you
receive from each distributor:
(1) If you receive an initial shipment of certified butane from a
distributor on March 1, perform testing on that batch to show that it
meets standards. A passing result qualifies all further shipments of
certified butane from that distributor until May 29, as long as you
receive less than 500,000 gallons of certified butane from that
distributor during those 90 days. In that case, the testing period ends
May 29 and the next testing period starts when you receive another
shipment of certified butane from that distributor on or after May 30.
(2) If you receive a shipment from that distributor before May 29
that that causes the total volume of certified butane from that
distributor to exceed 500,000 gallons over the testing period, the date
that batch is received represents the end of the testing period. The
next testing period starts when you receive another shipment of
certified butane from that distributor.
* * * * *
(d) Anyone performing tests under this subpart must apply good
laboratory practices for all sampling, measurement, and calculations
related to testing required under this part. This requires performing
these procedures in a way that is consistent with generally accepted
scientific and engineering principles and properly accounting for all
available relevant information. The following examples illustrate how
to apply good laboratory practices:
(1) You may exclude outlier data points for quality testing under
Sec. 1090.1375 as specified in ASTM D6299 (incorporated by reference
in Sec. 1090.95), subject to the following requirements:
(i) The justification for exclusion must be an assignable cause
that is not part of the normal process and does not result from common
causes.
(ii) You must meet requirements for documenting and supporting
exclusion of data points as specified in Sec. 1090.1375(a)(5).
(2) [Reserved]
* * * * *
0
89. Amend Sec. 1090.1310 by:
0
a. Revising paragraph (b) introductory text; and
0
b. Adding paragraph (f).
The revision and addition read as follows:
Sec. 1090.1310 Testing to demonstrate compliance with standards.
* * * * *
(b) A fuel manufacturer, fuel additive manufacturer, or regulated
blendstock producer must perform the following measurements before
fuel, fuel additive, or regulated blendstock from a given batch leaves
the facility, except as specified in paragraph (f) of this section and
Sec. 1090.1315:
* * * * *
(f) Refiners and blending manufacturers may meet the testing
requirements of paragraph (b) of this section by loading gasoline or
diesel fuel onto a marine vessel, subject to the following conditions:
(1) The marine vessel remains within 15 miles of the fuel
manufacturing facility after loading.
(2) Each vessel compartment is sampled for meeting certification
testing requirements as specified in Sec. 1090.1605(b)(1).
(3) No additional loading occurs after sampling is complete.
(4) The refiner or blending manufacturer ensures that the fuel
meets all applicable per-gallon standards before the fuel leaves the
area specified in paragraph (f)(1) of this section.
0
90. Amend Sec. 1090.1315 by:
0
a. Revising the introductory text and paragraph (a) introductory text;
0
b. Adding paragraphs (a)(7) through (14); and
0
c. Revising paragraph (c).
The revisions and additions read as follows:
Sec. 1090.1315 In-line blending.
A fuel manufacturer using in-line blending equipment may qualify
for a waiver from the requirement in Sec. 1090.1310(b) to test every
batch of fuel before the fuel leaves the fuel manufacturing facility.
This section describes in-line blending waiver provisions that apply
instead of or in addition to the requirements in Sec. 1090.1335(c).
(a) Submit a request signed by the RCO, or their delegate, to EPA
with the following information:
* * * * *
(7) Describe which blendstock parameters you intend to measure for
managing the blending process and the typical sampling frequency for
those measurements.
(8) Describe any circumstances in which it is not possible to
achieve a sampling frequency corresponding to a margin of error of
0.01. Also describe how you will adjust target values to account for
the greater measurement variability. For example, if the greater margin
of error corresponds to a 2 percent increase in measurement
variability, adjust measured values of all parameters subject to per-
gallon and average standards upward by 2 percent.
(9) Describe an alternative sampling plan to meet requirements to
test head, middle, and tail samples for small
[[Page 70079]]
batches. Your alternative sampling plan may allow you to collect a
single sample anytime during the blend for a batch involving up to 8
hours of blending or up to 1 million gallons of fuel, and it may allow
you to collect two evenly distributed samples during the blend for a
batch involving up to 16 hours of blending or up to 2 million gallons
of fuel.
(10) Describe your plans to meet requirements to test head, middle,
and tail samples in cases where unforeseen circumstances cause the
batch to be complete before blending the anticipated batch volume. Any
failure to perform required tests must not occur in more than 10
percent of in-line blending batches for the calendar year.
(11) Describe contingency plans for alternative sampling and
testing in cases involving failure of the automatic compositor or other
essential equipment. Where possible, include collecting a second
composite sample with a redundant system.
(12) Describe any contingency plans for an alternative sampling
demonstration if an automatic sampling test result fails to meet a per-
gallon standard. Your plan may include certifying the batch based on
manual sampling in a tank if you collect the whole batch in the tank
before it leaves the fuel manufacturing facility gate. Similarly, as
long as the fuel remains at the facility, you may certify the batch
based on secondary automatic sampling as fuel comes out of a holding
tank that you use to collect the fuel that failed to meet a per-gallon
standard.
(13) In the case of in-line blending into a marine vessel, describe
an alternative, equivalent method for meeting the requirement in Sec.
1090.1335(c)(4) to collect head-middle-tail samples.
(14) Include the following statement: ``The information in this
submission is true, accurate, and complete to the best of my knowledge.
I am aware that there are significant civil and criminal penalties for
submitting false, misleading, or incomplete information.''
* * * * *
(c) The following provisions apply for amending an approved waiver
under this section:
(1) You must submit an updated waiver request to EPA 60 days before
making any material change to your in-line blending process. Examples
of material changes include changing analyzer hardware or programming,
changing the location of the analyzer, changing the piping
configuration, changing the mixing control hardware or programming
logic, changing sample compositors or compositor settings, or expanding
fuel blending capacity. Changing the name of the company or business
unit is an example of a change that is not material.
(2) The request must include a description of the intended changes
and a comparison document that clearly and comprehensively identifies
the proposed changes to the waiver. The request must also include the
statement in paragraph (a)(14) of this section.
(3) Your request to amend a waiver under this section is deemed to
be approved effective 60 days after EPA acknowledges receiving the
request if there is no EPA response to the request. Such a response may
be in the form of denying the request, identifying deficiencies, or
requiring additional information. If we require that you correct a
deficiency or submit additional information, your waiver request is
deemed to be approved effective 60 days after EPA acknowledges
receiving the responsive submission.
* * * * *
0
91. Amend Sec. 1090.1320 by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising and republishing paragraph (a)(1)(i);
0
c. Revising paragraphs (b) introductory text and (b)(1);
0
d. Adding paragraphs (b)(5) and (6); and
0
e. Revising paragraph (c)(1).
The revisions, republication, and additions read as follows:
Sec. 1090.1320 Adding blendstock to PCG.
* * * * *
(a) Sample and test using one of the following methods to exclude
PCG from the compliance demonstration for sulfur content and benzene
content:
(1) * * *
(i) Determine the sulfur content, benzene content, and oxygenate
content of the PCG before blending blendstocks to produce a new batch
of gasoline as follows:
(A) Sample and test the sulfur content, benzene content, and
oxygenate content of each batch of PCG using the procedures in Sec.
1090.1350. Demonstrate homogeneity as specified in Sec. 1090.1337 if
blending involves multiple batches of PCG, or if a single batch of PCG
was certified without demonstrating homogeneity under Sec.
1090.1337(a)(4). The blending manufacturer does not need to test PCG
for oxygenate content if they can demonstrate that the PCG does not
contain oxygenates as specified in paragraph (a)(1)(i)(C) of this
section or Sec. 1090.1310(e)(1).
(B) If the PCG is a BOB and the blending manufacturer is accounting
for downstream oxygenate under Sec. 1090.710, also prepare a hand
blend under Sec. 1090.1340 and test the hand blend for sulfur content
and benzene content.
(C) The blending manufacturer may use the PCG manufacturer's
certification test results if the PCG was received directly from the
PCG manufacturer by an in-tank transfer or tank-to-tank transfer within
the same terminal as long as the results are from the PCG that is being
transferred.
(D) If you are unable to measure a PCG parameter, you must comply
using either the presumed value for the PCG volume or an EPA-approved
alternative value as described in Sec. 1090.1710(g).
* * * * *
(b) A certified butane or certified pentane blender that blends
certified butane or certified pentane into PCG, other than Summer RFG
or Summer RBOB, to make a new batch of gasoline may comply with the
following requirements instead of the requirements of paragraph (a) of
this section:
(1) For summer gasoline, measure the RVP of the blended fuel. The
fuel manufacturer may rely on test results from the certified butane or
certified pentane producer for sulfur content and benzene content.
* * * * *
(5) If the quality assurance testing under paragraph (b)(4) of this
section shows that certified butane or certified pentane fails to meet
one or more of the standards specified in Sec. 1090.250 or Sec.
1090.255, the certified butane or certified pentane received from that
distributor during that testing period is deemed to be in violation of
the relevant per-gallon standard. Any later shipment of certified
butane or certified pentane received from that distributor will also be
deemed to be in violation of the relevant per-gallon standard unless
another quality assurance test is conducted demonstrating that
certified butane or certified pentane received from that distributor
meets the standards specified in Sec. 1090.250 or Sec. 1090.255.
(6) If certified butane or certified pentane is deemed to be in
violation under paragraph (b)(5) of this section, the certified butane
or certified pentane blender must calculate its compliance obligations
using paragraph (a)(2) of this section using the test results from the
quality assurance program and obtain any necessary sulfur or benzene
credits.
(c) * * *
[[Page 70080]]
(1) Calculate and incur sulfur and benzene deficits under the BOB
recertification provisions of Sec. 1090.740.
* * * * *
0
92. Revise and republish Sec. 1090.1335 to read as follows:
Sec. 1090.1335 Collecting, preparing, and testing samples.
(a) General provisions. Use good laboratory practice to collect
samples to represent the batch you are testing. For example, take steps
to ensure that a batch is always well mixed before sampling. Also,
always take steps to prevent sample contamination, such as completely
flushing sampling taps and piping and pre-rinsing sample containers
with the product being sampled. Follow the procedures in paragraph (b)
of this section for manual sampling. Follow the procedures in paragraph
(c) of this section for automatic sampling. Additional requirements for
measuring RVP are specified in paragraph (d) of this section. A
description of how to determine compliance based on single or multiple
tests on single or multiple samples is specified in paragraph (e) of
this section.
(b) Manual sampling. Perform manual sampling using one of the
methods specified in ASTM D4057 (incorporated by reference in Sec.
1090.95) to demonstrate compliance with standards as follows:
(1) Collect a ``running'' or ``all-levels'' sample from the top of
the tank. Drawing a sample from a standpipe is acceptable only if it is
slotted or perforated to ensure that the drawn sample properly
represents the whole batch.
(2) Use tap sampling (or other spot sampling) to collect upper,
middle, and lower samples. Collect samples that most closely match the
recommendations in ASTM D4057. Adjust spot sampling for partially
filled tanks as shown in Table 1, Table 5, or Table 6 of ASTM D4057, as
applicable.
(3) If the procedures in paragraphs (b)(1) and (2) of this section
are impractical for a given storage configuration, you may use
alternative sampling procedures as specified in ASTM D4057. This
applies primarily for sampling with railcars, trucks, retail outlets,
and other downstream locations.
(4) Test results with manual sampling are valid only after you
demonstrate homogeneity as specified in Sec. 1090.1337. Once a batch
meets homogeneity specifications, you may use any properly drawn sample
to represent the batch, subject to the hand-blending provisions of
Sec. 1090.1340. The entire batch volume is noncompliant if a sample
fails to meet any applicable per-gallon standard.
(5) Except as specified for marine vessels in Sec. 1090.1605, you
must not do certification testing with a composite sample from manual
sampling.
(c) Automatic sampling. Perform automatic sampling as specified in
ASTM D4177 (incorporated by reference in Sec. 1090.95), with the
additional provisions specified in this paragraph (c). Automatic
sampling is intended to apply for in-line blending, including
configurations that involve a pipeline filling a tank that will be
certified as compliant before it leaves the fuel manufacturing facility
gate.
(1) Follow all specifications for automatic sampling in this
paragraph (c) unless EPA approves an in-line blending waiver that
authorizes specific exceptions under Sec. 1090.1315.
(2) Configure the system to ensure a well-mixed stream at the
sampling point. Align the start and end of sampling with the start and
end of creating the batch.
(3) Set a sampling frequency based on collecting 9,604 grabs or a
smaller number of grabs that achieves a margin of error of 0.01 or less
as specified in Section 19.1.3 of ASTM D4177; however, less frequent
sampling is acceptable as long as the interval between samples does not
exceed 20 seconds throughout the batch. Keep records to show that the
sampling frequency meets specifications.
(4) Collect three samples for individual measurements in addition
to the composite sample. Draw head, middle, and tail samples that come
from the initial, middle, and final thirds of the estimated batch
volume, respectively.
(5) If the composite sample fails to meet any applicable per-gallon
standard, the entire batch volume is noncompliant. If one or more
separate samples fail to meet any applicable per-gallon standard, the
volume of noncompliant fuel is the volume starting with the last valid
passing result before the failing result (or the start of the batch),
up to the first valid passing result after the failing result (or the
end of the batch).
(6) EPA may approve a different sampling strategy under an approved
in-line blending waiver under Sec. 1090.1315 if it is appropriate for
a given facility or for a small-volume batch.
(d) Sampling provisions related to measuring RVP of summer
gasoline. The following additional provisions apply for preparing
samples to measure the RVP of summer gasoline:
(1) Meet the additional specifications for manual and automatic
sampling in ASTM D5842 (incorporated by reference in Sec. 1090.95).
(2) If you measure other fuel parameters for a given sample in
addition to RVP testing, always measure RVP first.
(e) Testing and reporting to demonstrate compliance with standards.
Perform testing as specified in this subpart and report values to
demonstrate compliance with per-gallon and average standards as
follows:
(1) For parameters subject to per-gallon standards, report the
highest measured value (or the lowest measured value for testing
related to cetane index or other parameters that are subject to a
standard representing a minimum value). This applies for repeat tests
on a given sample and for testing multiple samples (including head,
middle, and tail samples from automatic sampling).
(2) In the case of automatic sampling for parameters subject to
average standards, report the result from the composite sample to
represent the batch for demonstrating compliance with the average
standard. For any repeat testing with the composite sample, calculate
the arithmetic average from all tests to represent the batch.
(3) In the case of manual sampling for parameters subject to
average standards, determine the value representing the batch as
follows:
(i) For testing with only a single sample, report that value to
represent the batch. If there are repeat tests with that sample, report
the arithmetic average from all tests to represent the sample.
(ii) For testing with more than one sample, report the arithmetic
average from all tested samples to represent the batch. If there are
repeat tests for any sample, calculate the arithmetic average of those
repeat tests to determine a single value to represent that sample
before calculating the average value to represent the batch.
0
93. Revise and republish Sec. 1090.1337 to read as follows:
Sec. 1090.1337 Demonstrating homogeneity.
(a) Certification test results corresponding to manual sampling as
specified in Sec. 1090.1335(b) are valid only if collected samples
meet the homogeneity specifications in this section, except that the
homogeneity testing requirement does not apply in the following cases:
(1) There is only a single sample using the procedure specified in
Sec. 1090.1335(b)(2).
(2) Upright cylindrical tanks that have a liquid depth of less than
10 feet.
[[Page 70081]]
(3) Horizontal tanks with circular or elliptical cross section with
a volume less than 42,000 gallons used for storing ethanol denaturant.
Draw samples from the approximate mid-depth of the product level.
(4) You draw spot samples as specified in paragraph (c) of this
section, test each sample for every parameter subject to a testing
requirement, and use the worst-case test result for each parameter for
purposes of reporting, meeting per-gallon and average standards, and
all other aspects of compliance.
(5) Your tank configuration depends on roof sampling for
homogeneity demonstration, but inclement weather prevents collecting
roof samples and EPA has already approved a plan for a mixing procedure
to ensure a homogeneous batch for your specific tank configuration. EPA
approval of the mixing procedure will include consideration of product
type, fill level, and other relevant parameters for specific tank
configurations and batch characteristics. Keep records to document EPA
approval of the mixing procedure, your actions to follow the approved
mixing procedure, and the forcing weather event.
(6) Sampling occurs at a downstream location where it is not
possible to collect separate samples and steps are taken to ensure that
the batch is well mixed.
(7) The product being tested is certified butane or certified
pentane.
(b) Any test to establish homogeneity is considered a certification
test relative to a per-gallon standard for a given parameter if the
test result is the worst-case value from all testing performed for the
batch. Report the highest measured value as specified in Sec.
1090.1335(e)(2).
(c) Use spot sampling as specified in Sec. 1090.1335(b)(2) for
homogeneity testing.
(d) Demonstrate homogeneity for gasoline, GTAB, and TGP using two
of the procedures specified in this paragraph (d) with each sample. For
summer gasoline, the homogeneity demonstration must include RVP
measurement.
(1) Measure density or API gravity using ASTM D287, ASTM D1298,
ASTM D4052, or ASTM D7777 (incorporated by reference in Sec. 1090.95).
(2) Measure the sulfur content as specified in Sec. 1090.1360.
(3) Measure the benzene content as specified Sec. 1090.1360.
(4) Measure the RVP as specified in Sec. 1090.1360.
(e) Homogeneity requirements apply as follows for other products:
(1) Demonstrate homogeneity for diesel fuel using one of the
procedures specified in paragraph (d)(1) or (2) of this section.
(2) Demonstrate homogeneity for certified ethanol denaturant and
oxygenate based on measured sulfur content as specified in Sec.
1090.1360, except that no homogeneity testing is required for DFE if
you calculate sulfur content as specified in Sec. 1090.1330.
(f) Consider the batch to be homogeneous for a given parameter if
the measured values for all tested samples vary by no more than the
published reproducibility of the test method multiplied by 0.75 (R x
0.75). If reproducibility is a function of measured values, calculate
reproducibility using the average value of the measured parameter
representing all tested samples. Calculate using all meaningful
significant figures as specified for the test method, even if Sec.
1090.1350(c) describes a different precision. For cases that do not
require a homogeneity demonstration under paragraph (a) of this
section, the lack of homogeneity demonstration does not prevent a
quantity of fuel, fuel additive, or regulated blendstock from being
considered a batch for demonstrating compliance with the requirements
of this part. The following additional provisions apply for special
cases:
(1) Do not use test results for a given test method for a parameter
to demonstrate homogeneity if multiple measured values are at or below
the test method's PLOQ, LLOQ, or valid range, as applicable. You may
instead use a different test method as allowed under this subpart to
get test results with the same parameter or with a different parameter.
(2) If you have homogeneity test results for more than the required
number of parameters and not all parameters meet the criteria, all
testing results except density or API gravity must meet applicable
homogeneity criteria to demonstrate that the batch is homogeneous.
(3) If using ASTM D4052 (incorporated by reference in Sec.
1090.95) for measuring density or API gravity to demonstrate
homogeneity through December 31, 2026, you may calculate the
homogeneity criterion based on the reproducibility of the test method
at the limit of the valid range for testing, even if measured results
extend beyond the valid range.
0
94. Amend Sec. 1090.1340 by revising paragraphs (a) introductory text,
(a)(1), and (a)(2)(iii) to read as follows:
Sec. 1090.1340 Preparing a hand blend from BOB.
(a) If you produce or import BOB and instruct downstream blenders
to add oxygenate, you must meet the requirements of this subpart by
blending oxygenate that reflects the anticipated sulfur content and
benzene content of the oxygenate for blending into a BOB sample. To do
this, prepare each hand blend by adding oxygenate to the BOB sample in
a way that corresponds to your instructions to downstream blenders for
the sampled batch of fuel. Prepare hand blends as follows:
(1) Take steps to avoid introducing high or low bias in sulfur
content when selecting from available samples to prepare the hand
blend. For example, if there are three samples with discrete sulfur
content measurements, select the sample with the mid-range sulfur
content. In other cases, randomly select the sample. If you omit the
homogeneity demonstration under Sec. 1090.1337(a)(4), prepare a single
hand blend using the BOB sample that has the highest sulfur content.
(2) * * *
(iii) As an example, if you give instructions for a given batch of
BOB to perform downstream blending to make E10, E15, and a blend that
contains 8 volume percent butanol, prepare a hand blend for testing
winter gasoline with 8 volume percent butanol, and prepare an E10 hand
blend for testing summer gasoline.
* * * * *
0
95. Amend Sec. 1090.1345 by:
0
a. Revising paragraph (a)(5);
0
b. Adding paragraphs (a)(6) and (7); and
0
c. Redesignating paragraphs (c) through (e) as paragraphs (b) through
(d).
The revision and additions read as follows:
Sec. 1090.1345 Retaining samples.
(a) * * *
(5) The nominal volume of retained liquid samples must be at least
330 ml.
(6) If you have only a single sample for testing, keep that sample
after testing is complete. If you collect multiple samples from a
single batch, keep an untested sample that represents the batch.
(7) If you test a hand blend under Sec. 1090.1340, keep a sample
of the BOB and a sample representative of the oxygenate used to prepare
the hand blend.
* * * * *
0
96. Amend Sec. 1090.1350 by revising paragraphs (c)(4) and (5) to read
as follows:
[[Page 70082]]
Sec. 1090.1350 Overview of test procedures.
* * * * *
(c) * * *
(4) Record oxygenate content to the nearest 0.01 mass percent for
each measured oxygenate.
(5) Record diesel fuel aromatic content to the nearest 0.1 volume
percent, or record cetane index to the nearest whole number.
* * * * *
0
97. Amend Sec. 1090.1355 by revising paragraphs (a) and (b)(1) and (2)
to read as follows:
Sec. 1090.1355 Calculation adjustments and corrections.
* * * * *
(a) Adjust measured values for total vapor pressure as follows:
RVP = 0.956 [middot] Ptotal - 0.347
Where:
RVP = Reid vapor pressure, in psi.
Ptotal = Measured total vapor pressure, in psi.
(b) * * *
(1) If your test method involves a published procedure with a
Pooled Limit of Quantitation (PLOQ), treat the PLOQ as your final
result if your measured result is below the PLOQ.
(2) If your test method involves a published procedure with a
limited scope but no PLOQ, treat the lower bound of the scope as your
final result if your measured result is less than that value.
* * * * *
0
98. Amend Sec. 1090.1360 by revising paragraph (b)(1)(i) to read as
follows:
Sec. 1090.1360 Performance-based Measurement System.
* * * * *
(b) * * *
(1) * * *
(i) Sulfur.
* * * * *
0
99. Amend Sec. 1090.1365 by:
0
a. Revising the introductory text and paragraphs (a)(3) and (4);
0
b. Revising and republishing paragraphs (b) and (c)(3);
0
c. Revising paragraphs (f)(2) and (5).
The revisions and republication read as follows:
Sec. 1090.1365 Qualifying criteria for alternative measurement
procedures.
This section specifies how to qualify alternative procedures for
measuring absolute and method-defined fuel parameters under the
Performance-based Measurement System specified in Sec. 1090.1360.
(a) * * *
(3) Except as specified in paragraph (d) of this section, testing
to demonstrate compliance with the precision and accuracy
specifications in this section apply only for the laboratory where the
testing occurred. At a given laboratory, qualifying a test method
applies for all associated instruments used for testing to certify
fuel.
(4) If a procedure for measuring benzene or sulfur in gasoline has
no published PLOQ and no published scope with a lower bound, you must
establish a LLOQ.
* * * * *
(b) All alternative procedures must meet precision criteria based
on a calculated maximum allowable standard deviation for a given fuel
parameter as specified in this paragraph (b). The precision criteria
apply for measuring the parameters and fuels specified in paragraph
(b)(4) of this section. Take the following steps to qualify the
measurement procedure for measuring a given fuel parameter:
(1) The fuel must meet the parameter specifications in Table 1 to
paragraph (b)(4) of this section. This may require that you modify the
fuel you typically produce to be within the specified range. Absent a
specification (maximum or minimum), select a fuel representing values
that are typical for your testing. Store and mix the fuel to maintain a
homogenous mixture throughout the measurement period to ensure that
each fuel sample drawn from the batch has the same properties.
(2) Measure the fuel parameter from a homogeneous fuel batch at
least 20 times. Record each result in sequence. Do not omit any valid
results unless you use good engineering judgment to determine that the
omission is necessary and you document those results and the reason for
excluding them. Perform this analysis over a 20-day period. You may
make up to 4 separate measurements in a 24-hour period, as long as the
interval between measurements is at least 4 hours. Do not measure RVP
more than once from a single sample.
(3) An alternative procedure for measuring oxygenate in gasoline
must account for every type of oxygenate covered by the referee method.
(4) Calculate the maximum allowable standard deviation as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU24.393
Where:
[sigma]max = Maximum allowable standard deviation.
x1, x2, and x3 have the values from
the following table:
Table 1 to Paragraph (b)(4)--Precision Criteria for Qualifying Alternative Procedures
--------------------------------------------------------------------------------------------------------------------------------------------------------
x2 = Repeatability
Fuel, fuel additive, or regulated (r) or Fixed values
blendstock Fuel parameter Range x1 reproducibility x3 of [sigma]max Source \2\
(R) \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
ULSD............................. Sulfur.............. 5 ppm minimum...... 1.5 r = 1.33........... 2.77 0.72 ASTM D3120-08.
500 ppm LM diesel fuel........... Sulfur.............. 350 ppm minimum.... 1.5 r = 21.3........... 2.77 11.5 ASTM D2622-16.
ECA marine fuel.................. Sulfur.............. 700 ppm minimum.... 1.5 r = 37.1........... 2.77 20.1 ASTM D2622-16.
Butane........................... Sulfur.............. ................... 1.5 r = 0.1152 [middot] 2.77 .............. ASTM D6667-14.
x.
Gasoline......................... Sulfur.............. ................... 1.5 r = 0.4998 [middot] 2.77 .............. ASTM D7039-15a.
x\0.54\.
Gasoline......................... Oxygenate........... ................... 0.3 R = 0.13 [middot] 1 .............. ASTM D5599-18.
x\0.83\.
Gasoline......................... RVP \3\............. ................... 0.3 R = 0.40........... 1 0.12 ASTM D5191-15.
Gasoline......................... Benzene............. ................... 0.15 R = 0.221 [middot] 1 .............. ASTM D5769-20.
x\0.67\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Calculate repeatability and reproducibility using the average value determined from testing. Use units as specified in Sec. 1090.1350(c).
\2\ Note that the listed procedure may be different than the referee procedure identified in Sec. 1090.1360(d), or it may be an older version of the
referee procedure.
\3\ Use only 1-liter containers for testing to qualify alternative methods.
[[Page 70083]]
(c) * * *
(3) The measurement procedure meets the accuracy requirement as
follows:
(i) Demonstrate accuracy for measuring sulfur in gasoline and
butane using samples to represent sulfur values from 1 to 10 ppm, 11 to
20 ppm, and 21 to 95 ppm. You may omit any of these ranges if you do
not perform testing with fuel in that range. Calculate the maximum
allowable difference between the average measured value and the ARV for
each applicable range as follows:
Where:
[Delta]max = 0.75 [middot] [sigma]max
[Delta]max = Maximum allowable difference.
[sigma]max = Maximum allowable standard deviation, per
paragraph (b)(4) of this section, using the sulfur content
represented by the ARV.
(ii) Demonstrate accuracy for measuring sulfur in diesel fuel using
test fuels meeting the specifications in Table 2 to this section. For
testing diesel fuel-related blendstocks and additives, use
representative test samples meeting the appropriate sulfur
specification. Table 2 to this paragraph also identifies the maximum
allowable difference between average measured value and the ARV
corresponding to the ARV at the upper end of each specified range.
These values are based on calculations with the equation in paragraph
(c)(3)(i) of this section, with parameter values set equal to the
standard.
Table 2 to Paragraph (c)(3)(ii)--Accuracy Criteria for Qualifying
Alternative Procedures With Diesel Fuel and Diesel Fuel-Related
Blendstocks and Additives
------------------------------------------------------------------------
Illustrated
Sulfur maximum
Fuel content (ppm) allowable
difference
------------------------------------------------------------------------
ULSD.................................... 10-20 0.54
500 ppm LM diesel fuel.................. 450-500 8.65
ECA marine fuel......................... 900-1,000 15.1
------------------------------------------------------------------------
* * * * *
(f) * * *
(2) Test with a range of fuels that are typical of those you will
analyze at your laboratory. Use either consensus-named fuels or locally
named reference materials. Consensus-named fuels are homogeneous fuel
quantities sent around to different laboratories for analysis, which
results in a ``consensus name'' representing the average value of the
parameter for all participating laboratories. Locally named reference
materials are fuel samples analyzed using the reference test method,
either at your laboratory or at a reference installation, to establish
an estimated value for the fuel parameter; locally named reference
materials usually come from the fuel you produce.
* * * * *
(5) Perform testing at your laboratory as specified in paragraph
(b) of this section to establish the repeatability of the alternative
procedure. The repeatability must be as good as or better than that
specified in paragraph (b)(4) of this section.
* * * * *
0
100. Amend Sec. 1090.1375 by:
0
a. Redesignating paragraph (a)(4) as (a)(5) and adding new paragraph
(a)(4);
0
b. Revising paragraphs (c) introductory text, (c)(2), and (c)(4); and
0
c. Adding paragraphs (d) and (e).
The additions and revisions read as follows:
Sec. 1090.1375 Quality control procedures.
* * * * *
(a) * * *
(4) Keep records to document any test results excluded for being
out of control under Section 8.5 and A1.5.4.1 of ASTM D6299
(incorporated by reference in Sec. 1090.95). Identify the assignable
cause and include any appropriate additional supporting justification.
* * * * *
(c) Accuracy demonstration. For absolute fuel parameters (VCSB and
non-VCSB) and for method-defined fuel parameters using non-VCSB
methods, you must show that you meet accuracy criteria as specified in
this paragraph (c). For method-defined VCSB procedures, you may meet
accuracy requirements as specified in this paragraph (c) or by
comparing your results to the accepted reference value in an inter-
laboratory crosscheck program as specified in paragraph (d) of this
section.
* * * * *
(2) Except as specified in paragraph (c)(3) of this section, test
every instrument using a check standard meeting the specifications of
ASTM D6299. Select a fuel sample with an ARV representing fuel that is
typical for your testing.
* * * * *
(4) You meet accuracy requirements under this section if the
difference between your measured value for the check standard and the
ARV is less than the value from the following equation:
[GRAPHIC] [TIFF OMITTED] TP28AU24.394
Where:
[Delta]max = Maximum allowable difference.
L = Total number of test results used to determine the ARV of a
consensus-named fuel. For testing locally named fuels for which no
consensus-based ARV applies, use L equal to [infin].
R = Reproducibility of the referee procedure identified in Sec.
1090.1360(d), as noted in Table 1 to paragraph (b)(4) of Sec.
1090.1365 or in the following table:
Table 1 to Paragraph (c)(4)--Criteria for Qualifying Alternative
Procedures
------------------------------------------------------------------------
Referee procedure Reproducibility
Tested product \1\ (R) \2\
------------------------------------------------------------------------
ULSD, 500 ppm diesel fuel, ECA ASTM D2622........ R = 0.4273
marine fuel, diesel fuel [middot]
additive, gasoline, gasoline x\0.8015\
regulated blendstock, and
gasoline additive.
Butane.......................... ASTM D6667........ R = 0.3130
[middot] x
------------------------------------------------------------------------
\1\ ASTM specifications are incorporated by reference, see Sec.
1090.95.
\2\ Calculate reproducibility using the average value determined from
testing. Use units as specified in Sec. 1090.1350(c).
[[Page 70084]]
(d) Demonstrating accuracy by participating in crosscheck programs.
You may meet accuracy requirements under paragraph (c) of this section
by comparing your results to the accepted reference value in an inter-
laboratory crosscheck program sponsored by ASTM International or
another VCSB at least three times per year (two times per year for
RVP), subject to the following provisions:
(1) Your results from the crosscheck program are not valid for
demonstrating compliance with accuracy requirements for an instrument
under this section if any of the following apply:
(i) The crosscheck program does not have a robust ARV based on the
check standard requirements in Section 6.2 of ASTM D6299 (incorporated
by reference, see Sec. 1090.95).
(ii) The difference between the test result and the ARV is greater
than the maximum allowable difference in paragraph (c)(4) of this
section.
(iii) The difference between the test result and the ARV is greater
than the method-defined limit for check standard accuracy, if
applicable.
(iv) The measured value lies outside of two Z-scores.
(2) If your results from the crosscheck program are not valid under
paragraph (a)(1) of this section, perform a root cause analysis and
document your findings and the steps you take to correct the problem.
You continue to meet accuracy requirements under this section for the
affected parameter only if you correct the problem and demonstrate
compliance with the accuracy requirements of this section within 35
days after learning of a failure under paragraph (d)(1) of this
section. The compliance demonstration may be based on in-house testing
using a check standard qualified by a third party, or on testing in the
next crosscheck program.
(e) Failure to meet precision or accuracy requirements. The
presumed values specified in Sec. 1090.1710(g) apply for parameter
measurements with instruments failing to meet precision or accuracy
requirements under this section. If you fail to meet the deadlines for
resolving crosscheck-related issues under paragraph (d)(2) of this
section, the presumed values apply starting at the point of learning of
a failure under paragraph (d)(1) of this section.
0
101. Amend Sec. 1090.1390 by revising the section heading to read as
follows:
Sec. 1090.1390 Requirement for automated detergent blending equipment
calibration.
* * * * *
0
102. Amend Sec. 1090.1395 by revising paragraphs (a) introductory
text, (a)(1)(i), and (b) introductory text to read as follows:
Sec. 1090.1395 Gasoline deposit control test procedures.
* * * * *
(a) Top Tier-based test method. Use the procedures specified in
ASTM D6201 (incorporated by reference in Sec. 1090.95), as follows:
(1) * * *
(i) 8.0-10.0 volume percent ethanol that meets the requirements in
Sec. 1090.270 and conforms to the specifications of ASTM D4806
(incorporated by reference in Sec. 1090.95).
* * * * *
(b) CARB test method. Use the procedures specified by CARB in Title
13, California Code of Regulations, section 2257 (incorporated by
reference in Sec. 1090.95).
* * * * *
Subpart O--Survey Provisions
0
103. Amend Sec. 1090.1400 by revising paragraph (a)(2) to read as
follows:
Sec. 1090.1400 General provisions.
(a) * * *
(2) The program plan must be signed by the RCO of the independent
surveyor conducting the program.
* * * * *
0
104. Amend Sec. 1090.1405 by revising paragraphs (a)(1) and (b)(2) to
read as follows:
Sec. 1090.1405 National fuels survey program.
(a) * * *
(1) A gasoline manufacturer that elects to account for oxygenate
added downstream under Sec. 1090.710 must participate in the national
fuels survey program (NFSP) specified in paragraph (b) of this section.
* * * * *
(b) * * *
(2) The survey program must be conducted by collecting samples
representative of retail outlets in the United States as specified in
Sec. 1090.1415.
0
105. Amend Sec. 1090.1410 by revising paragraphs (b)(1) and (2),
(c)(3) and (5), (d), and (e) to read as follows:
Sec. 1090.1410 Independent surveyor requirements.
* * * * *
(b) * * *
(1) Obtain samples representative of the gasoline and diesel fuel
(including diesel fuel made available at retail outlets to nonroad
vehicles, engines, and equipment) offered for sale separately from all
retail outlets in accordance with the survey program plan approved by
EPA, or immediately notify EPA of any refusal of a retailer to allow
samples to be taken.
(2) Obtain the number of samples representative of the number of
retail outlets offering E15.
* * * * *
(c) * * *
(3) Diesel fuel samples must be analyzed for sulfur content.
* * * * *
(5) All testing must be completed by an EPA-approved laboratory
within 10 business days after receipt of the sample.
(d) Verify E15 labeling requirements at retail outlets that offer
E15 for sale.
(e)(1) Using procedures specified in an EPA-approved plan under
Sec. 1090.1415, notify EPA, the retailer, and the branded fuel
manufacturer (if applicable) within 24 hours after an EPA-approved
laboratory has completed analysis when any of the following occur:
(i) A test result for a gasoline sample yields a sulfur content
result that exceeds the downstream sulfur per-gallon standard in Sec.
1090.205(c).
(ii) A test result for a gasoline sample yields an RVP result that
exceeds the applicable RVP standard in Sec. 1090.215.
(iii) A test result for a diesel fuel sample yields a sulfur
content result that exceeds the sulfur standard in Sec. 1090.305(b).
(iv) A test result for a gasoline sample identified as ``E15''
yields an ethanol content result that exceeds 15 volume percent.
(v) A test result for a gasoline sample not identified as ``E15''
yields an ethanol content of more than 10 volume percent ethanol.
(2) Any notification to EPA or a branded fuel manufacturer under
paragraph (e)(1) of this section must include the retail outlet's
contact information, including name, title, mailing address, telephone
number, and email address of a representative of the retail outlet, if
available.
* * * * *
0
106. Amend Sec. 1090.1415 by:
0
a. Revising and republishing paragraph (d); and
0
b. Revising paragraphs (e)(2) and (f) introductory text.
The revisions and republication read as follows:
Sec. 1090.1415 Survey program plan design requirements.
* * * * *
(d) Retail outlet selection. (1) Retail outlets to be sampled in a
sampling area must be selected from among all gasoline retail outlets
in the United
[[Page 70085]]
States with the probability of selection proportionate to the volume of
gasoline sold at the retail outlet. The sample of retail outlets must
also include gasoline retail outlets with different brand names as well
as those gasoline retail outlets that are unbranded.
(2) For any retail outlet from which a sample of gasoline or diesel
fuel was collected during a survey and was reported to EPA under Sec.
1090.1410(e), that retail outlet must be included in the subsequent
survey.
(3) At least one sample of a product dispensed as E15 must be
collected at each gasoline retail outlet when E15 is present, and
separate samples must be taken that represent the gasoline contained in
each storage tank at the gasoline retail outlet unless collection of
separate samples is not practicable.
(4) At least one sample of diesel fuel must be collected at each
retail outlet when diesel fuel is present. Samples of diesel fuel may
be collected at retail outlets that sell gasoline.
(e) * * *
(2) The minimum number of samples to be included in the survey
program plan for each calendar year is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP28AU24.395
Where:
n = Minimum number of samples in a year-long survey series. However,
n must be greater than or equal to 2,000 for the number of diesel
fuel samples or 5,000 for the number of gasoline samples.
Z[alpha] = Upper percentile point from the normal
distribution to achieve a one-tailed 95 percent confidence level (5
percent [alpha]-level). For purposes of this survey program,
Z[alpha] equals 1.645.
Z[beta] = Upper percentile point to achieve 95 percent
power. For purposes of this survey program, Z[beta]
equals 1.645.
[phi]1 = Maximum proportion of non-compliant outlets for
a region to be deemed compliant. This parameter needs to be 5
percent or greater (i.e., 5 percent or more of the outlets, within a
stratum such that the region is considered non-compliant).
[phi]0 = Underlying proportion of non-compliant outlets
in a sample. For the first survey program plan, [phi]0
will be 2.3 percent. For subsequent survey program plans,
[phi]0 will be the average of the proportion of outlets
found to be non-compliant over the previous 4 surveys.
Fa = Adjustment factor for the number of extra samples
required to compensate for samples that could not be included in the
survey (e.g., due to technical or logistical considerations), based
on the number of additional samples required during the previous 4
surveys. Fa must be greater than or equal to 1.1.
Fb = Adjustment factor for the number of samples required
to resample each retail outlet with test results reported to EPA
under Sec. 1090.1410(e), based on the rate of resampling required
during the previous 4 surveys. Fb must be greater than or
equal to 1.1.
Sun = Number of surveys per year. For purposes of this
survey program, Sun equals 4.
Stn = Number of sampling strata. For purposes of this
survey program, Stn equals 3.
* * * * *
(f) Laboratory designation. Any laboratory that the independent
surveyor intends to use to test samples collected as part of the NFSP
must be approved annually as part of the survey program plan approval
process under Sec. 1090.1400(a). In the survey program plan submitted
to EPA, the independent surveyor must include the following information
regarding any laboratory they intend to use to test samples:
* * * * *
0
107. Amend Sec. 1090.1420 by revising and republishing paragraph (a)
to read as follows:
Sec. 1090.1420 Additional requirements for E15 misfueling mitigation
surveying.
(a) E15 misfueling mitigation survey requirement. (1) Any gasoline
manufacturer, oxygenate blender, or oxygenate producer that produces,
introduces into commerce, sells, or offers for sale gasoline, BOB, DFE,
or gasoline-ethanol blended fuel that is intended for use in or as E15
must comply with either survey program Option 1 (as specified in
paragraph (b) of this section) or Option 2 (as specified in paragraph
(c) of this section).
(2) For an oxygenate producer that produces or imports DFE, the DFE
is deemed as intended for use in E15 unless the oxygenate producer
demonstrates that it was not intended for such use. The oxygenate
producer may demonstrate, at a minimum, that DFE is not intended for
use in E15 by including language on PTDs stating that the DFE is not
intended for use in E15, entering into contracts with oxygenate
blenders to limit the use of their DFE to gasoline-ethanol blended
fuels of no more than 10 volume percent ethanol, and limiting the
concentration of their DFE to no more than 10 volume percent ethanol in
their fuel additive registration under 40 CFR part 79.
* * * * *
0
108. Amend Sec. 1090.1450 by:
0
a. Revising paragraph (c)(2)(v);
0
b. Revising and republishing paragraph (c)(3); and
0
c. Revising paragraphs (c)(4) introductory text, (c)(10) introductory
text, (c)(10)(iii), (d)(2)(i), (d)(3)(ii), (d)(4) introductory text,
(d)(4)(iv), and (d)(5).
The revisions and republication read as follows:
Sec. 1090.1450 National sampling and testing oversight program.
* * * * *
(c) * * *
(2) * * *
(v) Samples collected must be shipped via ground service within 2
business days from when the samples are collected to an EPA-approved
laboratory as established in an approved NSTOP plan under this section.
A random subset of collected samples must also be shipped to the EPA
National Vehicle and Fuel Emissions Laboratory as established in an
approved NSTOP plan under this section.
(3) Test, or arrange to be tested, samples collected under
paragraph (c)(2) of this section as follows:
(i) Winter gasoline samples must be analyzed for oxygenate content,
sulfur content, benzene content, distillation parameters, aromatics,
and olefins.
(ii) Summer gasoline samples must be analyzed for oxygenate
content, sulfur content, benzene content, distillation parameters,
aromatics, olefins, and RVP, except that samples of exempt gasoline
under Sec. 1090.630 do not need to be analyzed for RVP.
(iii) All samples must be tested by an EPA-approved laboratory
using test methods specified in subpart N of this part.
(iv) All analyses must be completed by an EPA-approved laboratory
within 10 business days after receipt of the sample.
(v) A gasoline manufacturer must analyze gasoline samples for
sulfur content, benzene content, and for summer gasoline, RVP, except
that samples of exempt gasoline under Sec. 1090.630 do not need to be
analyzed for RVP.
[[Page 70086]]
(4) Using procedures specified in an EPA-approved NSTOP plan under
this section, notify EPA and the gasoline manufacturer within 24 hours
after an EPA-approved laboratory has completed analysis when any of the
following occur:
* * * * *
(10) Review the test performance index and precision ratio for each
method and instrument the laboratory used to test gasoline samples
collected under this section as follows:
* * * * *
(iii) A gasoline manufacturer must supply copies of the necessary
information to the independent surveyor to review the TPI and PR for
each method and instrument used to test gasoline samples collected
under this section.
* * * * *
(d) * * *
(2) * * *
(i) Each participating gasoline manufacturing facility must be
sampled at least once during each season they produce fuel. The NSTOP
plan must demonstrate how these facilities will be randomly selected
within the summer and winter seasons.
* * * * *
(3) * * *
(ii) The minimum number of samples to be included in the NSTOP plan
for each calendar year is calculated as follows:
n = R [middot] Fa [middot] Fb [middot]
Sun
Where:
n = Minimum number of samples in a year.
R = Number of participating gasoline manufacturing facilities.
Fa = Adjustment factor for the number of extra samples
required to compensate for samples that could not be included in the
NSTOP (e.g., due to technical or logistical considerations), based
on the number of additional samples required during the previous 2
calendar years. Fa must be greater than or equal to 1.1.
Fb = Adjustment factor for the number of samples required
to ensure oversight. For purposes of this program, Fb
equals 1.25.
Sun = Number of samples required per participating
facility per year. For purposes of this program, Sun
equals 2.
(4) Laboratory designation. Any laboratory that the independent
surveyor intends to use to test samples collected as part of the NSTOP
must be approved annually as part of the NSTOP plan approval process in
Sec. 1090.1400(a). The independent surveyor must include the following
information regarding each laboratory it intends to use to test
samples:
* * * * *
(iv) Records demonstrating the laboratory's performance in a
laboratory crosscheck program for the most recent 12 months prior to
submission of the NSTOP plan.
(5) Sampling procedure. The NSTOP plan must include a detailed
description of the sampling procedures used to collect samples at
participating gasoline manufacturing facilities.
* * * * *
Subpart P--Retailer and Wholesale Purchaser-Consumer Provisions
0
109. Amend Sec. 1090.1515 by revising the section heading to read as
follows:
Sec. 1090.1515 Diesel fuel sulfur labeling provisions.
* * * * *
Subpart Q--Importer and Exporter Provisions
0
110. Amend Sec. 1090.1600 by revising paragraphs (b) and (d) to read
as follows:
Sec. 1090.1600 General provisions for importers.
* * * * *
(b)(1) Except as specified in paragraph (b)(2) of this section, all
applicable standards in subparts C and D of this part apply to imported
gasoline and diesel fuel, respectively.
(2) An importer that imports gasoline at multiple import facilities
must comply with the gasoline average standards in Sec. Sec.
1090.205(a) and 1090.210(a) as specified in Sec. 1090.705(b), unless
the importer complies with the provisions of Sec. 1090.1610 to meet
the alternative per-gallon standards for rail or truck imports
specified in Sec. Sec. 1090.205(d) and 1090.210(c).
* * * * *
(d) Alternative testing requirements for an importer that imports
fuel, fuel additive, or regulated blendstock by rail or truck are
specified in Sec. 1090.1610.
0
111. Amend Sec. 1090.1605 by revising and republishing paragraph
(b)(1) to read as follows:
Sec. 1090.1605 Importation by marine vessel.
* * * * *
(b) * * *
(1) The importer must sample each compartment of the vessel and use
one of the following methods to meet testing requirements:
(i) Treat each compartment as a separate batch. Each individual
compartment is deemed to meet the homogeneity requirements in Sec.
1090.1337.
(ii) Except as specified in paragraph (b)(1)(iii) of this section,
combine samples from separate compartments into a single, vessel-
volumetric composite sample using the procedures in Section 9.2.4 of
ASTM D4057 (incorporated by reference in Sec. 1090.95). Test results
from the composite sample are valid only if single samples collected
from each affected compartment together meet the homogeneity
requirements in Sec. 1090.1337.
(iii) Measure the RVP of a sample collected from each compartment
for summer gasoline.
* * * * *
0
112. Revise and republish Sec. 1090.1610 to read as follows:
Sec. 1090.1610 Importation by rail or truck.
(a) An importer that imports fuel, fuel additive, or regulated
blendstock by rail or truck must meet the sampling and testing
requirements of subpart N of this part by sampling and testing each
compartment of the railcar or truck unless they do one of the
following:
(1) Use supplier results. The importer may rely on test results
from the supplier for fuel, fuel additive, or regulated blendstock
imported by rail or truck if the importer meets all the following
requirements:
(i) The importer obtains documentation of test results from the
supplier for each batch of fuel, fuel additive, or regulated blendstock
in accordance with the following requirements:
(A) The testing includes measurements for all the parameters
specified in Sec. 1090.1310 using the measurement procedures specified
in Sec. 1090.1350.
(B) Testing for a given batch occurs after the most recent delivery
into the supplier's storage tank and before transferring the fuel, fuel
additive, or regulated blendstock to the railcar or truck.
(ii) The importer conducts testing to verify test results from each
supplier as follows:
(A) Collect a sample at least once every 30 days or every 50 rail
or truckloads from a given supplier, whichever is more frequent. Test
the sample as specified in paragraphs (a)(1)(i)(A) and (B) of this
section.
(B) Treat importation of each fuel, fuel additive, or regulated
blendstock separately, but treat railcars or truckloads together if the
fuel, fuel additive, or regulated blendstock is imported from a given
supplier by rail or truck.
(2) Certify in a storage tank. The importer may transfer the fuel,
fuel additive, or regulated blendstock imported by rail or truck into
storage tanks that also contain the same product
[[Page 70087]]
if the importer meets the following requirements:
(i) For gasoline, the importer transfers gasoline into one or more
empty tanks or tanks containing PCG that the importer owns.
(A) If the importer transfers gasoline into one or more empty
tanks, they must sample and test the sulfur content, benzene content,
and for summer gasoline, RVP, of each tank into which the gasoline was
transferred.
(B) If the importer transfers gasoline into one or more tanks
containing PCG, they must sample the PCG already in the tank prior to
transferring gasoline from the train or truck, test the sulfur content
and benzene content, and report this PCG as a negative batch as
specified in Sec. 1090.905(c)(3)(i). After transferring the gasoline
into the tanks, the importer must sample and test the sulfur content,
benzene content, and for summer gasoline, RVP, of each tank into which
the gasoline was transferred and report the volume, sulfur content, and
benzene content as a positive batch.
(C) Include the PCG in the tank before transferring and the volume
and properties after transferring in compliance calculations as
specified in Sec. 1090.700(d)(4)(i).
(D) The sample retention requirements in Sec. 1090.1345 apply to
the samples taken prior to transferring and those taken after
transferring.
(ii) For all other fuel, fuel additive, or regulated blendstock,
the importer must sample and test the fuel, fuel additive, or regulated
blendstock in each tank into which it was transferred. The importer
must ensure that all applicable per-gallon standards are met before the
fuel, fuel additive, or regulated blendstock is shipped from the tank.
(b) If an importer that elects to comply with paragraph (a)(1) or
(2) of this section fails to meet the applicable requirements, they
must meet the sampling and testing requirements of subpart N of this
part for each compartment of the railcar or truck until EPA determines
that the importer has adequately addressed the cause of the failure.
0
113. Amend Sec. 1090.1615 by revising and republishing paragraph (d)
to read as follows:
Sec. 1090.1615 Gasoline treated as a blendstock.
* * * * *
(d)(1) The importer must treat the GTAB as if it were imported
gasoline and complete all the requirements for a gasoline manufacturer
under Sec. 1090.105(a) (except for the sampling, testing, and sample
retention requirements in Sec. 1090.105(a)(6)) for the GTAB at the
time it is imported.
(2) Any GTAB that ultimately is not used to produce gasoline (e.g.,
a tank bottom of GTAB) must be treated as newly imported gasoline and
must meet all applicable requirements for imported gasoline.
Subpart R--Compliance and Enforcement Provisions
0
114. Amend Sec. 1090.1710 by revising paragraph (g) introductory text
to read as follows:
Sec. 1090.1710 Penalties.
* * * * *
(g) The presumed fuel parameter values in this paragraph (g) apply
for cases in which any person fails to comply with the sampling or
testing requirements and must be reported, unless EPA, in its sole
discretion, approves a different value. Any person requesting the use
of alternative test values must submit their request to EPA as
specified in Sec. 1090.10 within 30 days of discovering failure to
comply with sampling and testing requirements. EPA may consider any
relevant information to determine whether a different value is
appropriate.
* * * * *
0
115. Amend Sec. 1090.1715 by:
0
a. Revising paragraph (c); and
0
b. Revising and republishing paragraph (e).
The revisions and republication read as follows:
Sec. 1090.1715 Liability provisions.
* * * * *
(c) Any parent corporation is liable for any violation committed by
any of its wholly owned subsidiaries.
* * * * *
(e)(1) Any person who produced, imported, sold, offered for sale,
dispensed, supplied, offered for supply, stored, transported, caused
the transportation or storage of, or introduced into commerce fuel,
fuel additive, or regulated blendstock that is in the storage tank
containing fuel, fuel additive, or regulated blendstock that is found
to be in violation of a per-gallon standard is liable for the
violation.
(2) In order for a carrier to be liable under paragraph (e)(1) of
this section, EPA must demonstrate by reasonably specific showing, by
direct or circumstantial evidence, that the carrier caused the
violation.
* * * * *
Subpart S--Attestation Engagements
0
116. Amend Sec. 1090.1800 by:
0
a. Adding paragraph (a)(3); and
0
b. Revising paragraphs (b)(1)(ii) and (d)(1).
The addition and revisions read as follows:
Sec. 1090.1800 General provisions.
(a) * * *
(3) A gasoline manufacturer that transacts sulfur or benzene
credits under this part.
(b) * * *
(1) * * *
(ii) The auditor may be a certified public accountant, or firm of
such accountants, that is independent of the gasoline manufacturer.
Such an auditor must comply with the AICPA Code of Professional
Conduct, including its independence requirements, the AICPA Statements
on Quality Control Standards (SQCS) No. 8, A Firm's System of Quality
Control (both incorporated by reference in Sec. 1090.95), and
applicable rules of state boards of public accountancy. Such an auditor
must also perform the attestation engagement in accordance with the
AICPA Statement on Standards for Attestation Engagements (SSAE) No. 19,
Agreed-Upon Procedures Engagements, especially as noted in sections AT-
C 105, 215, and 315 (incorporated by reference in Sec. 1090.95).
* * * * *
(d) * * *
(1) The auditor must prepare an attestation engagement report
identifying the applicable procedures specified in this subpart along
with the auditor's corresponding findings for each procedure. The
auditor must submit the attestation engagement report electronically to
EPA by June 1 of the year following the compliance period.
* * * * *
0
117. Amend Sec. 1090.1805 by revising paragraph (a)(3) to read as
follows:
Sec. 1090.1805 Representative samples.
(a) * * *
(3) Determine sample size using an alternate method that is
equivalent to or better than the methods specified in paragraphs (a)(1)
and (2) of this section with respect to strength of inference and
freedom from bias. An auditor that determines a sample size using an
alternate method must describe and justify the alternate method in the
attestation engagement report.
* * * * *
0
118. Revise and republish Sec. 1090.1810 to read as follows:
Sec. 1090.1810 General procedures for gasoline manufacturers.
An auditor must perform the procedures specified in this section
for
[[Page 70088]]
a gasoline manufacturer that produces gasoline in the United States.
(a) Registration and reports. An auditor must review registration
and reports as follows:
(1) Obtain copies of the gasoline manufacturer's registration
information submitted under subpart I of this part and all reports
(except batch reports) submitted by the gasoline manufacturer under
subpart J of this part.
(2) For each gasoline manufacturing facility, confirm that the
facility's registration is accurate based on the activities reported
during the compliance period, including that the registration for the
facility and any related updates were completed prior to conducting
regulated activities at the facility and report any discrepancies.
(3) Confirm that the gasoline manufacturer submitted all reports
required under subpart J of this part for activities they performed
during the compliance period and report any exceptions.
(4) Obtain a written statement from the gasoline manufacturer's RCO
that the submitted reports are complete and accurate.
(5) Report the name of any commercial computer program used to
track any data required under this part.
(b) Inventory reconciliation analysis. An auditor must review an
inventory reconciliation analysis as follows:
(1) Obtain an inventory reconciliation analysis from the gasoline
manufacturer for each gasoline type produced at each facility (e.g.,
RFG, CG, RBOB, CBOB), including the inventory at the beginning and end
of the compliance period and inventory records (e.g., receipts,
production volumes, shipments, transfers, and gain/loss).
(2) Foot and cross-foot the volumes by gasoline type.
(3) Compare the beginning and ending inventory to the inventory
records for each gasoline type and report any variances.
(4) Report the total volume of each gasoline type.
(c) Listing of gasoline tenders. An auditor must review a listing
of gasoline tenders as follows:
(1) Obtain a detailed listing of gasoline tenders from the gasoline
manufacturer, by gasoline type.
(2) Foot the tender volumes by gasoline type.
(3) Compare the total volume from the tenders to the inventory
reconciliation analysis obtained under paragraph (b) of this section
for each gasoline type and report any variances.
(d) Listing of gasoline batches. An auditor must review a listing
of gasoline batches as follows:
(1) Obtain the gasoline batch reports submitted by the gasoline
manufacturer under subpart J of this part.
(2) Foot the batch volumes by gasoline type.
(3) Compare the total volume from the batch reports to the
inventory reconciliation analysis obtained under paragraph (b) of this
section for each gasoline type and report any variances.
(4) Report as a finding any batch with a reported value that does
not meet a per-gallon standard in subpart C of this part.
(e) Test methods. An auditor must follow the procedures specified
in Sec. 1090.1845 to determine whether the gasoline manufacturer
complies with the applicable quality control requirements specified in
Sec. 1090.1375.
(f) Detailed testing of BOB tenders. An auditor must review a
detailed listing of BOB tenders as follows:
(1) Select a representative sample of BOB tenders from the listing
of tenders obtained under paragraph (c) of this section.
(2) Obtain the associated PTD for each selected tender.
(3) Using a unique identifier, confirm that the correct PTDs are
obtained for the selected tenders.
(4) Compare the volume on the listing for each selected tender to
the associated PTD and report any exceptions.
(5) Confirm that the PTD associated with each selected tender
contains all the applicable language required under subpart L of this
part and report any exceptions.
(g) Detailed testing of BOB batches. An auditor must review a
detailed listing of BOB batches as follows:
(1) Select a representative sample of BOB batches from the batch
reports obtained under paragraph (d) of this section.
(2) Obtain the volume documentation and laboratory analysis for
each selected batch.
(3) Compare the reported volume for each selected batch to the
volume documentation and report any exceptions.
(4) Compare the reported properties for each selected batch to the
laboratory analysis and report any exceptions.
(5) Compare the reported test methods used for each selected batch
to the laboratory analysis and report any exceptions.
(6) Determine each oxygenate type and amount that was required for
blending with each selected batch.
(7) Confirm that each oxygenate type and amount included in the BOB
hand blend agrees with the gasoline manufacturer's blending
instructions for each selected batch and report any exceptions.
(8) Confirm that the gasoline manufacturer participates in the NFSP
under Sec. 1090.1405, if applicable.
(9)(i) For a blending manufacturer, confirm that the laboratory
analysis includes test results for oxygenate content, if applicable,
and distillation parameters (i.e., T10, T50, T90, final boiling point,
and percent residue).
(ii) For a blending manufacturer not required to measure oxygenate
content, confirm that records demonstrate that the PCG or blendstock
contained no oxygenate, no oxygenate was added to the final gasoline
batch, and the blending manufacturer did not account for oxygenate
added downstream under Sec. 1090.710.
(h) Detailed testing of finished gasoline tenders. An auditor must
review a detailed listing of finished gasoline tenders as follows:
(1) Select a representative sample of finished gasoline tenders
from the listing of tenders obtained under paragraph (c) of this
section.
(2) Obtain the associated PTD for each selected tender.
(3) Using a unique identifier, confirm that the correct PTDs are
obtained for the selected tenders.
(4) Compare the volume on the listing for each selected tender to
the associated PTD and report any exceptions.
(5) Confirm that the PTD associated with each selected tender
contains all the applicable language required under subpart L of this
part and report any exceptions.
(i) Detailed testing of finished gasoline batches. An auditor must
review a detailed listing of finished gasoline batches as follows:
(1) Select a representative sample of finished gasoline batches
from the batch reports obtained under paragraph (d) of this section.
(2) Obtain the volume documentation and laboratory analysis for
each selected batch.
(3) Compare the reported volume for each selected batch to the
volume documentation and report any exceptions.
(4) Compare the reported properties for each selected batch to the
laboratory analysis and report any exceptions.
(5) Compare the reported test methods used for each selected batch
to the laboratory analysis and report any exceptions.
(6)(i) For a blending manufacturer, confirm that the laboratory
analysis includes test results for oxygenate content, if applicable,
and distillation parameters (i.e., T10, T50, T90, final boiling point,
and percent residue).
[[Page 70089]]
(ii) For a blending manufacturer not required to measure oxygenate
content, confirm that records demonstrate that the PCG or blendstock
contained no oxygenate, no oxygenate was added to the final gasoline
batch, and the blending manufacturer did not account for oxygenate
added downstream under Sec. 1090.710.
(j) Detailed testing of blendstock batches. In the case of adding
blendstock to TGP or PCG under Sec. 1090.1320(a)(2), an auditor must
review a detailed listing of blendstock batches as follows:
(1) Select a representative sample of blendstock batches from the
batch reports obtained under paragraph (d) of this section.
(2) Obtain the volume documentation and laboratory analysis for
each selected batch.
(3) Compare the reported volume for each selected batch to the
volume documentation and report any exceptions.
(4) Compare the reported properties for each selected batch to the
laboratory analysis and report any exceptions.
(5) Compare the reported test methods used for each selected batch
to the laboratory analysis and report any exceptions.
(6) For a blending manufacturer not required to measure oxygenate
content, confirm that records demonstrate that the PCG or blendstock
contained no oxygenate, no oxygenate was added to the final gasoline
batch, and the blending manufacturer did not account for oxygenate
added downstream under Sec. 1090.710.
0
119. Revise and republish Sec. 1090.1815 to read as follows:
Sec. 1090.1815 General procedures for gasoline importers.
An auditor must perform the procedures specified in this section
for a gasoline importer.
(a) Registration and reports. An auditor must review registration
and reports for the importer as specified in Sec. 1090.1810(a).
(b) Listing of gasoline imports. An auditor must review a listing
of gasoline imports as follows:
(1) Obtain a detailed listing of gasoline imports from the
importer, by gasoline type.
(2) Foot the import volumes from the importer by gasoline type.
(3) Obtain a detailed listing of gasoline imports directly from the
third-party customs broker, by gasoline type.
(4) Foot the import volumes from the third-party customs broker by
gasoline type.
(5) Compare the total volume from the listing of imports supplied
by the importer to the listing of imports supplied by the third-party
customs broker for each gasoline type and report any variances.
(6) Report the total imported volume of each gasoline type.
(c) Listing of gasoline batches. An auditor must review a listing
of gasoline batches as follows:
(1) Obtain the gasoline batch reports submitted by the importer
under subpart J of this part.
(2) Foot the batch volumes by gasoline type.
(3) Compare the total volume from the batch reports to the listing
of imports supplied by the importer under paragraph (b) of this section
for each gasoline type and report any variances.
(4) Report as a finding any batch with a reported value that does
not meet a per-gallon standard in subpart C of this part.
(d) Test methods. An auditor must follow the procedures specified
in Sec. 1090.1845 to determine whether the importer complies with the
applicable quality control requirements specified in Sec. 1090.1375.
(e) Detailed testing of BOB imports. An auditor must review a
detailed listing of BOB imports as follows:
(1) Select a representative sample of BOB imports from the listing
of imports supplied by the importer under paragraph (b) of this
section.
(2) Obtain the associated U.S. Customs Entry Summary and PTD for
each selected import.
(3) Using a unique identifier, confirm that the correct U.S.
Customs Entry Summaries are obtained for the selected imports.
(4) Compare the volume and location the import arrived in the
United States on the listing for each selected import to the associated
U.S. Customs Entry Summary and report any exceptions.
(5) Using a unique identifier, confirm that the correct PTDs are
obtained for the selected imports.
(6) Compare the volume on the listing for each selected import to
the associated PTD and report any exceptions.
(7) Confirm that the PTD associated with each selected import
contains all the applicable language required under subpart L of this
part and report any exceptions.
(f) Detailed testing of BOB batches. An auditor must review a
detailed listing of BOB batches as follows:
(1) Select a representative sample of BOB batches from the batch
reports obtained under paragraph (c) of this section.
(2) Obtain the volume inspection report and laboratory analysis for
each selected batch.
(3) Compare the reported volume for each selected batch to the
volume inspection report and report any exceptions.
(4) Compare the reported properties for each selected batch to the
laboratory analysis and report any exceptions.
(5) Compare the reported test methods used for each selected batch
to the laboratory analysis and report any exceptions.
(6) Determine each oxygenate type and amount that was required for
blending with each selected batch.
(7) Confirm that each oxygenate type and amount included in the BOB
hand blend agrees with the importer's blending instructions for each
selected batch and report any exceptions.
(8) Confirm that the importer participates in the NFSP under Sec.
1090.1405, if applicable.
(g) Detailed testing of finished gasoline imports. An auditor must
review a detailed listing of finished gasoline imports as follows:
(1) Select a representative sample of finished gasoline imports
from the listing of imports supplied by the importer under paragraph
(b) of this section.
(2) Obtain the associated U.S. Customs Entry Summary and PTD for
each selected import.
(3) Using a unique identifier, confirm that the correct U.S.
Customs Entry Summaries are obtained for the selected imports.
(4) Compare the volume and location the import arrived in the
United States on the listing for each selected import to the associated
U.S. Customs Entry Summary and report any exceptions.
(5) Using a unique identifier, confirm that the correct PTDs are
obtained for the selected imports.
(6) Compare the volume on the listing for each selected import to
the associated PTD and report any exceptions.
(7) Confirm that the PTD associated with each selected import
contains all the applicable language required under subpart L of this
part and report any exceptions.
(h) Detailed testing of finished gasoline batches. An auditor must
review a detailed listing of finished gasoline batches as follows:
(1) Select a representative sample of finished gasoline batches
from the batch reports obtained under paragraph (c) of this section.
(2) Obtain the volume inspection report and laboratory analysis for
each selected batch.
(3) Compare the reported volume for each selected batch to the
volume inspection report and report any exceptions.
[[Page 70090]]
(4) Compare the reported properties for each selected batch to the
laboratory analysis and report any exceptions.
(5) Compare the reported test methods used for each selected batch
to the laboratory analysis and report any exceptions.
(i) Additional procedures for gasoline imported by rail or truck.
An auditor must perform the following additional procedures for an
importer that imports gasoline into the United States by rail or truck
under Sec. 1090.1610:
(1)(i) Select a representative sample of gasoline batches from the
batch reports obtained under paragraph (c) of this section.
(ii) Obtain the tank activity records for each selected batch from
the party that supplied the gasoline to the importer.
(iii) Identify the point of sampling and testing associated with
each selected batch in the tank activity records.
(iv) Confirm that the sampling and testing for each selected batch
occurred after the most recent delivery into the supplier's storage
tank and before transferring gasoline to the railcar or truck.
(2)(i) Obtain a detailed listing of the importer's quality
assurance program sampling and testing results.
(ii) Determine whether the frequency of sampling and testing meets
the requirements in Sec. 1090.1610(a)(2) and report any discrepancies.
(iii)(A) Select a representative sample of gasoline batches from
the sampling and testing results.
(B) Obtain the laboratory analysis for each selected batch.
(C) Determine whether the importer analyzed the test sample for
each selected batch, and report as a finding any batch where the
importer failed to perform the analysis using the methods specified in
subpart N of this part.
(D) Obtain and review any terminal test results corresponding to
the time of collecting the quality assurance test samples.
(E) Compare the terminal test results to the test results from the
quality assurance program. Report as a finding any test result with a
difference that is greater than the reproducibility of the applicable
method specified in subpart N of this part.
0
120. Revise and republish Sec. 1090.1820 to read as follows:
Sec. 1090.1820 Additional procedures for GTAB.
In addition to any other procedure required under this subpart, an
auditor must perform the procedures specified in this section for a
gasoline manufacturer that imports GTAB under Sec. 1090.1615.
(a) Listing of GTAB imports. An auditor must review a listing of
GTAB imports as follows:
(1) Obtain a detailed listing of GTAB imports from the importer.
(2) Foot the import volumes from the importer.
(3) Obtain a detailed listing of GTAB imports directly from the
third-party customs broker.
(4) Foot the import volumes from the third-party customs broker.
(5) Compare the total volume from the listing of imports supplied
by the importer to the listing of imports supplied by the third-party
customs broker and report any variances.
(6) Report the total imported volume of GTAB and the corresponding
facilities at which the GTAB was blended.
(b) Listing of GTAB batches. An auditor must review a listing of
GTAB batches as follows:
(1) Obtain the GTAB batch reports submitted by the importer under
subpart J of this part.
(2) Foot the batch volumes.
(3) Compare the total volume from the batch reports to the listing
of imports supplied by the importer under paragraph (a) of this section
and report any variances.
(c) Detailed testing of GTAB imports. An auditor must review a
detailed listing of GTAB imports as follows:
(1) Select a representative sample of GTAB imports from the listing
of imports supplied by the importer under paragraph (a) of this
section.
(2) Obtain the associated U.S. Customs Entry Summary for each
selected import.
(3) Using a unique identifier, confirm that the correct U.S.
Customs Entry Summaries are obtained for the selected imports.
(4) Compare the volume and location the import arrived in the
United States on the listing for each selected import to the associated
U.S. Customs Entry Summary and report any exceptions.
(d) Detailed testing of GTAB batches. An auditor must review a
detailed listing of GTAB batches as follows:
(1) Select a representative sample of GTAB batches from the batch
reports obtained under paragraph (b) of this section.
(2) Obtain the volume inspection report for each selected batch.
(3) Compare the reported volume for each selected batch to the
volume inspection report and report any exceptions.
(e) GTAB tracing. An auditor must trace and review the movement of
GTAB from importation to gasoline production as follows:
(1) Compare the total volume from the batch reports obtained under
paragraph (b) of this section to the inventory reconciliation analysis
obtained under Sec. 1090.1810(b).
(2)(i) Obtain tank activity records that describe the movement of
each selected batch under paragraph (d) of this section from
importation to gasoline production.
(ii) Identify each selected batch in the tank activity records and
trace each selected batch to subsequent reported batches of BOB or
finished gasoline and report any exceptions.
(iii) Match the location of the facility where gasoline was
produced from each selected batch to the location where each selected
batch arrived in the United States, or to the facility directly
receiving the selected batch from the import facility.
(iv) Determine the status of the tank(s) before receiving each
selected batch (e.g., empty tank, tank containing blendstock, tank
containing GTAB, tank containing PCG).
(v) If the tank(s) contained PCG before receiving the selected
batch, take the following additional steps:
(A) Obtain and review a copy of the documented tank mixing
procedures.
(B) Determine the volume and properties of the tank bottom that was
PCG before adding GTAB.
(C) Confirm that the gasoline manufacturer determined the volume
and properties of the BOB or finished gasoline produced using GTAB by
excluding the volume and properties of any PCG, and that the gasoline
manufacturer separately reported the PCG volume and properties under
subpart J of this part and report any discrepancies.
0
121. Revise and republish Sec. 1090.1825 to read as follows:
Sec. 1090.1825 Additional procedures for PCG used to produce
gasoline.
In addition to any other procedure required under this subpart, an
auditor must perform the procedures specified in this section for a
gasoline manufacturer that produces gasoline from PCG under Sec.
1090.1320.
(a) Listing of PCG batches. An auditor must review a listing of PCG
batches as follows:
(1) Obtain the PCG batch reports submitted by the gasoline
manufacturer under subpart J of this part.
(2) Foot the batch volumes.
(3) Compare the total volume from the batch reports to the
inventory reconciliation analysis obtained under Sec. 1090.1810(b) and
report any variances.
(b) Detailed testing of PCG batches. An auditor must review a
detailed listing of PCG batches as follows:
[[Page 70091]]
(1) Select a representative sample of PCG batches from the batch
reports obtained under paragraph (a) of this section.
(2) Obtain the volume documentation, laboratory analysis,
associated PTD, and tank activity records for each selected batch.
(3) Identify each selected batch in the tank activity records and
trace each selected batch to subsequent reported batches of BOB or
finished gasoline and report any exceptions.
(4) For each selected batch, report as a finding any instance where
the reported volume was adjusted from the original receipt volume, such
as for exported PCG.
(5) Compare the reported volume for each selected batch to the
volume documentation and report any exceptions.
(6) Compare the reported gasoline type for each selected batch to
the associated PTD and report any exceptions.
(7) Compare the reported properties for each selected batch to the
laboratory analysis and report any exceptions.
(8) Compare the reported test methods used for each selected batch
to the laboratory analysis and report any exceptions.
0
122. Revise and republish Sec. 1090.1830 to read as follows:
Sec. 1090.1830 Alternative procedures for certified butane blenders.
An auditor must perform the procedures specified in this section
instead of or in addition to the applicable procedures in Sec.
1090.1810 for a certified butane blender that blends certified butane
into PCG under Sec. 1090.1320(b).
(a) Registration and reports. An auditor must review registration
and reports as follows:
(1) Obtain copies of the certified butane blender's registration
information submitted under subpart I of this part and all reports
submitted by the certified butane blender under subpart J of this part,
including the batch reports for the certified butane received and
blended.
(2) For each butane blending facility, confirm that the facility's
registration is accurate based on the activities reported during the
compliance period, including that the registration for the facility and
any related updates were completed prior to conducting regulated
activities at the facility and report any discrepancies.
(3) Confirm that the certified butane blender submitted all reports
required under subpart J of this part for activities they performed
during the compliance period and report any exceptions.
(4) Obtain a written statement from the certified butane blender's
RCO that the submitted reports are complete and accurate.
(5) Report the name of any commercial computer program used to
track any data required under this part.
(b) Inventory reconciliation analysis. An auditor must review an
inventory reconciliation analysis as follows:
(1) Obtain an inventory reconciliation analysis from the certified
butane blender for each butane blending facility related to all
certified butane movements, including the inventory at the beginning
and end of the compliance period, receipts, blending/production
volumes, shipments, transfers, and gain/loss.
(2) Foot and cross-foot the volumes.
(3) Compare the beginning and ending inventory to the certified
butane blender's inventory records and report any variances.
(4) Compare the total volume of certified butane received from the
inventory reconciliation analysis to the batch reports obtained under
paragraph (a) of this section and report any variances.
(5) Compare the total volume of certified butane blended from the
inventory reconciliation analysis to the batch reports obtained under
paragraph (a) of this section and report any variances.
(6) Report the total volume of certified butane received and
blended.
(c) Listing of certified butane receipts. An auditor must review a
listing of certified butane receipts as follows:
(1) Obtain a detailed listing of certified butane receipts for
certified butane received at each butane blending facility from the
certified butane blender.
(2) Foot the receipt volumes.
(3) Compare the total volume from the receipts to the batch reports
obtained under paragraph (a) of this section and report any variances.
(d) Detailed testing of certified butane batches. An auditor must
review a detailed listing of certified butane batches as follows:
(1) Select a representative sample of certified butane batches from
the batch reports obtained under paragraph (a) of this section.
(2) Obtain the volume documentation and laboratory analysis for
each selected batch.
(3) Compare the reported volume for each selected batch to the
volume documentation and report any exceptions.
(4) Compare the reported properties for each selected batch to the
laboratory analysis and report any exceptions.
(5) Compare the reported test methods used for each selected batch
to the laboratory analysis and report any exceptions.
(6) Report as a finding any batch with a reported value that does
not meet a standard for certified butane in subpart C of this part.
(e) Quality assurance program review. An auditor must review a
certified butane blender's quality assurance program as follows:
(1) Obtain a detailed listing of the certified butane blender's
quality assurance program sampling and testing results.
(2) Determine whether the frequency of sampling and testing meets
the requirements in Sec. 1090.1320(b)(4) and report any discrepancies.
0
123. Amend Sec. 1090.1835 by revising paragraph (a) to read as
follows:
Sec. 1090.1835 Alternative procedures for certified pentane blenders.
(a) An auditor must perform the procedures specified in this
section instead of or in addition to the applicable procedures in Sec.
1090.1810 for a certified pentane blender that blends certified pentane
into PCG under Sec. 1090.1320(b).
* * * * *
0
124. Revise and republish Sec. 1090.1840 to read as follows:
Sec. 1090.1840 Additional procedures related to compliance with
gasoline average standards.
In addition to any other procedure required under this subpart, an
auditor must perform the procedures specified in this section for a
gasoline manufacturer that complies with the standards in subpart C of
this part using the procedures specified in subpart H of this part.
(a) Annual compliance demonstration review. An auditor must review
annual compliance demonstrations as follows:
(1) Obtain the annual compliance reports for sulfur and benzene and
associated batch reports submitted by the gasoline manufacturer under
subpart J of this part.
(2)(i) For a gasoline refiner or gasoline blending manufacturer,
compare the total volume of gasoline produced at each facility from the
annual compliance report to the inventory reconciliation analysis
obtained under Sec. 1090.1810(b) and report any variances.
(ii) For a gasoline importer, compare the total volume of gasoline
imported from the annual compliance report to the listing of imports
supplied by the importer under Sec. 1090.1815(b) and report any
variances.
(3) For each facility, recalculate and report the following values:
[[Page 70092]]
(i) Compliance sulfur value, per Sec. 1090.700(a)(1), and
compliance benzene value, per Sec. 1090.700(b)(1)(i).
(ii) Unadjusted average sulfur concentration, per Sec.
1090.745(b), and average benzene concentration, per Sec.
1090.700(b)(3).
(iii) Number of credits generated during the compliance period, or
number of banked or traded credits needed to meet standards for the
compliance period.
(iv) Number of credits from the preceding compliance period that
are expired or otherwise no longer available for the compliance period
being reviewed.
(v) Net average sulfur concentration, per Sec. 1090.745(c), and
net average benzene concentration, per Sec. 1090.745(d).
(4) Compare the recalculated values under paragraph (a)(3) of this
section to the reported values in the annual compliance reports and
report any exceptions.
(5) Report whether the gasoline manufacturer had a deficit for both
the compliance period being reviewed and the preceding compliance
period.
(b) Credit transaction review. An auditor must review credit
transactions as follows:
(1) Obtain the credit transaction reports submitted by the gasoline
manufacturer under subpart J of this part and contracts or other
information that documents all credit transfers. Also obtain records
that support intracompany transfers.
(2) For each reported transaction, compare the supporting
documentation with the credit transaction reports for the following
elements and report any exceptions:
(i) Compliance period of creation.
(ii) Credit type (i.e., sulfur or benzene) and number of times
traded.
(iii) Quantity.
(iv) The name of the other company participating in the credit
transfer.
(v) Transaction type.
(c) Facility-level credit reconciliation. Except as specified in
paragraph (c)(4) of this section, an auditor must perform a facility-
level credit reconciliation separately for each gasoline manufacturing
facility as follows:
(1) Obtain the credits remaining or the credit deficit from the
previous compliance period from the credit transaction reports obtained
under paragraph (b) of this section.
(2) Calculate and report as a finding the net credits remaining at
the end of the compliance period.
(3) Compare the ending balance of credits or credit deficit
recalculated under paragraph (c)(2) of this section to the
corresponding value from the annual compliance report obtained under
paragraph (a) of this section and report any variances.
(4) For an importer, the procedures of this paragraph (c) apply at
the company level.
(d) Company-level credit reconciliation. An auditor must perform a
company-level credit reconciliation as follows:
(1) Obtain a credit reconciliation listing company-wide credits
aggregated by facility for the compliance period.
(2) Foot and cross-foot the credit quantities.
(3) Compare and report the beginning balance of credits, the ending
balance of credits, the associated credit activity at the company level
in accordance with the credit reconciliation listing, and the
corresponding credit balances and activity submitted by the gasoline
manufacturer under subpart J of this part.
(e) Procedures for gasoline manufacturers that recertify BOB. An
auditor must perform the following procedures for a gasoline
manufacturer that recertifies BOB under Sec. 1090.740 and incurs a
deficit:
(1) Perform the procedures specified in Sec. 1090.1810(a) to
review the gasoline manufacturer's registration and reports.
(2)(i) Obtain the recertified BOB batch reports submitted by the
gasoline manufacturer under subpart J of this part.
(ii) Select a representative sample of recertified BOB batches from
the batch reports.
(iii) Obtain supporting documentation (e.g., PTDs, bills of lading,
etc.) for each selected batch.
(iv) Compare the information on the batch reports to the supporting
documentation and report any exceptions.
(v) Recalculate the deficits in accordance with the provisions of
Sec. 1090.740 and report any discrepancies.
(vi) Confirm that the deficits are included in the annual
compliance report and report any exceptions.
0
125. Revise and republish Sec. 1090.1845 to read as follows:
Sec. 1090.1845 Procedures related to meeting performance-based
measurement and statistical quality control for test methods.
(a) General provisions. (1) In addition to any other procedure
required under this subpart, an auditor must perform the procedures
specified in this section for a gasoline manufacturer.
(2) The auditor performing the procedures in this section must meet
the laboratory experience requirements specified in Sec.
1090.55(b)(2).
(3) In cases where the auditor employs, contracts, or subcontracts
an external specialist, all the requirements in Sec. 1090.55 apply to
the external specialist. The auditor is responsible for overseeing the
work of the specialist, consistent with applicable professional
standards specified in Sec. 1090.1800.
(4) In the case of quality control testing at a third-party
laboratory, the auditor may perform a single attestation engagement on
the third-party laboratory for multiple gasoline manufacturers if the
auditor directly reviewed the information from the third-party
laboratory. The third-party laboratory may also arrange for the auditor
to perform a single attestation engagement on the third-party
laboratory and make that available to gasoline manufacturers that have
testing performed by the third-party laboratory.
(b) Non-referee method qualification review. For each test method
used to measure a gasoline parameter as specified in a report submitted
under subpart J of this part that is not one of the referee procedures
listed in Sec. 1090.1360(d), the auditor must review the following:
(1) Obtain supporting documentation showing that the laboratory has
qualified the alternative test method by meeting the precision and
accuracy criteria specified under Sec. 1090.1365.
(2) Report a list of the alternative test methods used.
(3) Confirm that the gasoline manufacturer supplied the supporting
documentation for each alternative test method and report any
exceptions.
(4) If the auditor has previously reviewed supporting documentation
under this paragraph (b) for an alternative test method at the
laboratory, the auditor does not have to review the supporting
documentation again.
(c) Reference installation review. For each reference installation
used by the gasoline manufacturer during the compliance period, the
auditor must review the following:
(1) Obtain supporting documentation demonstrating that the
reference installation followed the qualification procedures specified
in Sec. 1090.1370(c)(1) and (2) and the quality control procedures
specified in Sec. 1090.1370(c)(3).
(2) Confirm that the laboratory completed the qualification
procedures and report any exceptions.
(d) Instrument control review. For each test instrument used to
measure gasoline parameters for batches selected as part of a
representative sample under Sec. 1090.1810, the auditor must review
whether test instruments were in control as follows:
[[Page 70093]]
(1) Obtain a listing from the laboratory of the instruments and
period when the instruments were used to measure gasoline parameters
during the compliance period for batches selected as part of the
representative sample under Sec. 1090.1810.
(2) Obtain statistical quality assurance data and control charts
demonstrating ongoing quality testing to meet the accuracy and
precision requirements specified in Sec. 1090.1375 or 40 CFR 80.47, as
applicable.
(3) Confirm that the laboratory performed statistical quality
assurance monitoring of its instruments under Sec. 1090.1375 and
report any exceptions.
(4) Report as a finding any test result that was excluded for being
out of control and the laboratory did not have an assignable cause with
appropriate supporting justification.
(5) Report as a finding the listing of instruments obtained under
paragraph (d)(1) of this section and the compliance period when the
instrument control review was completed.
0
126. Revise and republish Sec. 1090.1850 to read as follows:
Sec. 1090.1850 Procedures related to in-line blending waivers.
In addition to any other procedure required under this subpart, an
auditor must perform the procedures specified in this section for a
gasoline manufacturer that relies on an in-line blending waiver under
Sec. 1090.1315.
(a)(1) Obtain a copy of the gasoline manufacturer's in-line
blending waiver submission and EPA's approval letter.
(2) Confirm that the sampling procedures and composite calculations
conform to the specifications in Sec. 1090.1315(a)(2).
(3) Review the gasoline manufacturer's procedure for defining a
batch for compliance purposes. Review available test data demonstrating
that the test results from in-line blending correctly characterize the
fuel parameters for the designated batch.
(4) Confirm that the gasoline manufacturer corrected their
operations because of previous audits, if applicable.
(5) Confirm that the equipment and procedures have not materially
changed from the gasoline manufacturer's in-line blending waiver. In
cases of material change in equipment or procedure, confirm that the
gasoline manufacturer updated their in-line blending waiver and report
any exceptions.
(6) Perform any additional procedures unique to the blending
operation, as specified in the in-line blending waiver, and report any
findings, variances, or exceptions, as applicable.
(7) Confirm that the gasoline manufacturer has complied with all
provisions related to their in-line blending waiver and report any
exceptions.
(b)(1) Obtain test data, including head, middle, and tail results,
for each batch produced under the gasoline manufacturer's in-line
blending waiver.
(2) Review the alternative sampling plan to meet requirements to
test head, middle, and tail samples for small batches under Sec.
1090.1315(a)(9).
(3) Report as a finding any instance where only a single sample was
taken for a small batch involving more than 8 hours of blending or more
than 1 million gallons of fuel.
(4) Report as a finding any instance where two samples were
unevenly distributed for a small batch or where only two samples were
taken for a small batch involving more than 16 hours of blending or up
to 2 million gallons of fuel.
(5) Determine and report the percentage of in-line blending batches
where the gasoline manufacturer failed to perform the required head,
middle, and tail samples due to unforeseen circumstances. Report as a
finding if this percentage is greater than 10 percent of in-line
blending batches for the calendar year.
(6) Determine and report each instance where a contingency plan for
alternative sampling was utilized under Sec. 1090.1315(a)(12).
[FR Doc. 2024-18773 Filed 8-27-24; 8:45 am]
BILLING CODE 6560-50-P