...
500 ppm LM diesel fuel means diesel fuel subject to the alternative sulfur standards in §1090.320 that is produced by a transmix processor under §1090.515.
Additization means the addition of detergent to gasoline to create detergent-additized gasoline.
Aggregated import facility means all import facilities within a PADD owned or operated by an importer and treated as a single fuel manufacturing facility in order to comply with the maximum benzene average standards under §1090.210(b).
Anhydrous ethanol means ethanol that contains no more than 1.0 volume percent water.
Auditor means any person that 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 detergents are blended with gasoline by means of an injector system calibrated to automatically deliver a specified amount of detergent.
Average standard means a fuel standard applicable over a compliance period.
Batch means a quantity of fuel, fuel additive, or regulated blendstock that has a homogeneous set of properties. This also includes fuel, fuel additive, or regulated blendstock for which homogeneity testing is not required under §1090.1337(a).
Biodiesel means a diesel fuel composed of mono-alkyl esters made from nonpetroleum feedstocks.
Blender pump means any fuel dispenser where PCG is blended with E85 (made only with PCG and DFE) or DFE to produce gasoline that has an ethanol content greater than that of the PCG. A fuel dispenser that produces gasoline with anything other than PCG and DFE (e.g., natural gas liquids) is a fuel blending facility.
Blending manufacturer means any person who owns, leases, operates, controls, or supervises a fuel blending facility in the United States.
Blendstock means any liquid compound or mixture of compounds (not including fuel or fuel additive) that is used or intended for use as a component of a fuel.
Business day means Monday through Friday, except the legal public holidays specified in 5 U.S.C. 6103 or any other day declared to be a holiday by federal statute or executive order.
Butane means an organic compound with the formula C4H10.
Butane blending facility means a fuel manufacturing facility where butane is blended into PCG.
California diesel means diesel fuel designated by a diesel fuel manufacturer as for use in California.
California gasoline means gasoline designated by a gasoline manufacturer as for use in California.
Carrier means any distributor who transports or stores or causes the transportation or storage of fuel, fuel additive, or regulated blendstock without taking title to or otherwise having any ownership of the fuel, fuel additive, or regulated blendstock, and without altering either the quality or quantity of the fuel, fuel additive, or regulated blendstock.
Category 1 (C1) marine vessel means a vessel that is propelled by an engine(s) that meets the definition of “Category 1” in 40 CFR part 1042.901.
Category 2 (C2) marine vessel means a vessel that is propelled by an engine(s) that meets the definition of “Category 2” in 40 CFR part 1042.901.
Category 3 (C3) marine vessel means a vessel that is propelled by an engine(s) that meets the definition of “Category 3” in 40 CFR part 1042.901.
CBOB means a BOB produced or imported for use outside of an RFG covered area.
Certified butane means butane that is certified to meet the requirements in §1090.250.
Certified butane blender means a blending manufacturer that produces gasoline by blending certified butane into PCG and that uses the provisions of §1090.1320(b) to meet the applicable sampling and testing requirements.
Certified butane producer means a regulated blendstock producer that certifies butane as meeting the requirements in §1090.250.
Certified ethanol denaturant means ethanol denaturant that is certified to meet the requirements in §1090.275.
Certified ethanol denaturant producer means any person that certifies ethanol denaturant as meeting the requirements in §1090.275.
Certified non-transportation 15 ppm distillate fuel or certified NTDF has the meaning given in 40 CFR 80.1401.
Certified pentane means pentane that is certified to meet the requirements in §1090.255.
Certified pentane blender means a blending manufacturer that produces gasoline by blending certified pentane into PCG and that uses the provisions of §1090.1320 to meet the applicable sampling and testing requirements.
Certified pentane producer means a regulated blendstock producer that certifies pentane as meeting the requirements in §1090.255.
Compliance period means the calendar year (January 1 through December 31).
Conventional gasoline (CG) means gasoline that is not certified to meet the requirements for RFG in §1090.220.
Crosscheck program means an arrangement for laboratories to perform measurements from test samples prepared from a single homogeneous fuel batch to establish an accepted reference value for evaluating accuracy of individual laboratories and measurement systems.
Days means calendar days, including weekends and holidays.
Denatured fuel ethanol (DFE) means anhydrous ethanol that contains a denaturant to make it unfit for human consumption, that is produced or imported for use in gasoline, and that meets the standards and requirements in §1090.270.
Detergent means any chemical compound or combination of chemical compounds that is added to gasoline to control deposit formation and meets the requirements in §1090.260. Detergent may be part of a detergent additive package.
Detergent additive package means an additive package containing detergent and may also contain carrier oils and non-detergent-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 imports detergent-additized gasoline.
Detergent blending facility means any facility (including, but not limited to, a truck or individual storage tank) at which detergent is blended with gasoline.
Detergent manufacturer means any person who owns, leases, operates, controls, or supervises a facility that produces detergent. A detergent manufacturer is a fuel additive manufacturer.
Detergent-additized gasoline or detergent gasoline means any gasoline that contains a detergent.
Diesel fuel means any of the following:
(1) Any fuel commonly or commercially known as diesel fuel.
(2) Any fuel (including NP diesel fuel or a fuel blend that contains NP diesel fuel) that is intended or used to power a vehicle or engine that is designed to operate using diesel fuel.
(3) Any fuel that conforms to the specifications of ASTM D975 (incorporated by reference in §1090.95) and is made available for use in a vehicle or engine designed to operate using diesel fuel.
Diesel fuel manufacturer means a fuel manufacturer that owns, leases, operates, controls, or supervises a fuel manufacturing facility where diesel fuel is produced or imported.
Distillate fuel means diesel fuel and other petroleum fuels with a T90 temperature below 700 °F that can be used in vehicles or engines that are designed to operate using diesel fuel. For example, diesel fuel, jet fuel, heating oil, No. 1 fuel (kerosene), No. 4 fuel, DMX, DMA, DMB, and DMC are distillate fuels. These specific fuel grades are identified in ASTM D975 and ISO 8217. Natural gas, LPG, and gasoline are not distillate fuels. T90 temperature is based on the distillation test method specified in §1090.1350.
Distributor means any person who transports, stores, or causes the transportation or storage of fuel, fuel additive, or regulated blendstock at any point between any fuel manufacturing facility, fuel additive manufacturing facility, or regulated blendstock production facility and any retail outlet or WPC facility.
Downstream location means any point in the fuel distribution system other than a fuel manufacturing facility through which the 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. This is also known as neat gasoline.
E10 means gasoline that contains at least 9 and no more than 10 volume percent ethanol.
E15 means gasoline that contains more than 10 and no more than 15 volume percent ethanol.
E85 means a fuel that contains more than 50 volume percent but 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 marine fuel means diesel, distillate, 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.
Ethanol means an alcohol of the chemical formula C2H5OH.
Ethanol denaturant means PCG, gasoline blendstocks, or natural gas liquids that are added to anhydrous ethanol to make the ethanol unfit for human consumption as required and defined in 27 CFR parts 19 through 21.
Facility means any place, or series of places, where any fuel, fuel additive, or regulated blendstock is produced, imported, blended, transported, distributed, stored, or sold.
Flex-fuel engine has the same meaning as flexible-fuel engine in 40 CFR 1054.801.
Flex-fuel vehicle has the same meaning as flexible-fuel vehicle in 40 CFR 86.1803-01.
Fuel means only the fuels regulated under this part.
Fuel additive means has the same meaning as additive in 40 CFR 79.2(e).
Fuel additive blender means any person who blends fuel additive into fuel in the United States, or any person who owns, leases, operates, controls, or supervises such an operation in the United States.
Fuel additive manufacturer means any person who owns, leases, operates, controls, or supervises a facility where fuel additives are produced or imported into the United States.
Fuel blending facility means any facility, other than a refinery or transmix processing facility, where fuel is produced by combining blendstocks or by combining blendstocks with fuel. Types of blending facilities include, but are not limited to, terminals, storage tanks, plants, tanker trucks, retail outlets, and marine vessels.
Fuel dispenser means any apparatus used to dispense fuel into motor vehicles, nonroad vehicles, engines, equipment, or portable fuel containers (as defined in 40 CFR 59.680).
Fuel manufacturer means any person who owns, leases, operates, controls, or supervises a fuel manufacturing facility. Fuel manufacturers include refiners, importers, blending manufacturers, and transmix processors.
Fuel manufacturing facility means any facility where fuels are produced, imported, or recertified. Fuel manufacturing facilities include refineries, fuel blending facilities, transmix processing facilities, import facilities, and any facility where fuel is recertified.
Fuel manufacturing facility gate means the point where the fuel leaves the fuel manufacturing facility at which the fuel manufacturer certified the fuel.
Gasoline means any of the following:
(1) Any fuel commonly or commercially known as gasoline, including BOB.
(2) Any fuel intended or used to power a vehicle or engine designed to operate on gasoline.
(3) Any fuel that conforms to the specifications of ASTM D4814 (incorporated by reference in §1090.95) and is made available for use in a vehicle or engine designed to operate on gasoline.
Gasoline before oxygenate blending (BOB) means gasoline for which a gasoline manufacturer has accounted for oxygenate added downstream under §1090.710. BOB is subject to all 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 fuel manufacturing facility where gasoline is produced, imported, or recertified.
Gasoline regulated blendstock means a regulated blendstock that is used or intended for use as a component of gasoline.
Gasoline treated as blendstock (GTAB) means a gasoline regulated blendstock that is imported and used to produce gasoline as specified in §1090.1615.
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 global marine fuel only if it qualifies as a distillate fuel.)
Heating oil means a combustible product that is used, intended for use, or made available for use in furnaces, boilers, or similar applications. Kerosene and jet fuel are not heating oil.
IMO marine fuel means fuel that is ECA marine fuel or global marine fuel.
Importer means any person who imports fuel, fuel additive, or regulated blendstock into the United States.
Import facility means any facility where an importer imports fuel, fuel additive, or regulated blendstock.
Independent surveyor means any person who meets the independence requirements in §1090.55 and conducts a survey under subpart O of this part.
Intake valve deposits (IVD) means the deposits formed on the intake valve(s) of a gasoline-fueled engine during operation.
Jet fuel means any distillate fuel used, intended for use, or made available for use in aircraft.
Kerosene means any No. 1 distillate fuel that is used, intended for use, or made available for use as kerosene.
Liquefied petroleum gas (LPG) means a liquid hydrocarbon fuel that is stored under pressure and is composed primarily of compounds that are gases at atmospheric conditions (temperature = 25 °C and pressure = 1 atm), excluding natural gas.
Locomotive engine means an engine used in a locomotive as defined in 40 CFR 92.2.
Marine engine has the meaning given under 40 CFR 1042.901.
Methanol means any fuel sold for use in motor vehicles and engines and commonly known or commercially sold as methanol or MXX, where XX represents the percent methanol (CH3OH) by volume.
Natural gas means a fuel that is primarily composed of methane.
Natural gas liquids (NGLs) means natural gasoline or other mixtures of hydrocarbons (primarily but not limited to propane, butane, pentane, hexane, and heptane) that are separated from the gaseous state of natural gas in the form of liquids at a facility, such as a natural gas production facility, gas processing plant, natural gas pipeline, refinery, or similar facility.
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.
Nonpetroleum (NP) diesel fuel means renewable diesel fuel or biodiesel. NP diesel fuel also includes other renewable fuel under 40 CFR part 80, subpart M, that is used or intended for use to power a vehicle or engine that is designed to operate using diesel fuel or that is made available for use in a vehicle or engine designed to operate using diesel fuel.
Oxygenate means a liquid compound that consists of one or more oxygenated compounds. Examples include DFE and isobutanol.
Oxygenate blender means any person who adds oxygenate to gasoline in the United States, or any person who owns, leases, operates, controls, or supervises such an operation in the United States.
Oxygenate blending facility means any facility (including but not limited to a truck) at which oxygenate is added to gasoline (including BOB), and at which the quality or quantity of gasoline is not altered in any other manner except for the addition of deposit control additives.
Oxygenate import facility means any facility where oxygenate, including DFE, is imported into the United States.
Oxygenate producer means any person who produces or imports oxygenate for gasoline in the United States, or any person who owns, leases, operates, controls, or supervises an oxygenate production or import facility in the United States.
Oxygenate production facility means any facility where oxygenate is produced, including DFE.
Oxygenated compound means an oxygen-containing, ashless organic compound, such as an alcohol or ether, which may be used as a fuel or fuel additive.
PADD means Petroleum Administration for Defense District. These districts are the same as the PADDs used by other federal agencies, except for the addition of PADDs VI and VII. The individual PADDs are identified by region, state, and territory as follows:
| PADD | Regional description | State or territory |
|---|---|---|
| I | East Coast | Connecticut, Delaware, District of Columbia, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia. |
| II | Midwest | Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, Oklahoma, South Dakota, Tennessee, Wisconsin |
| III | Gulf Coast | Alabama, Arkansas, Louisiana, Mississippi, New Mexico, Texas. |
| IV | Rocky Mountain | Colorado, Idaho, Montana, Utah, Wyoming. |
| V | West Coast | Alaska, Arizona, California, Hawaii, Nevada, Oregon, Washington. |
| VI | Antilles | Puerto Rico, U.S. Virgin Islands. |
| VII | Pacific Territories | American Samoa, Guam, Northern Mariana Islands. |
Pentane means an organic compound with the formula C5H12.
Pentane blending facility means a fuel manufacturing facility where pentane is blended into PCG.
Per-gallon standard means the maximum or minimum value for any parameter that applies to every volume unit of a specified fuel, fuel additive, or regulated blendstock.
Person has the meaning given in 42 U.S.C. 7602(e).
Pipeline interface means the mixture between different fuels and products that abut each other during shipment by a refined petroleum products pipeline system.
Pipeline operator means any person who owns, leases, operates, controls, or supervises a pipeline that transports fuel, fuel additive, or regulated blendstock in the United States.
Previously certified gasoline (PCG) means CG, RFG, or BOB that has been certified as a batch by a gasoline manufacturer.
Product transfer documents (PTDs) mean documents that reflect the transfer of title or physical custody of fuel, fuel additive, or regulated blendstock (e.g., invoices, receipts, bills of lading, manifests, pipeline tickets) between a transferor and a transferee.
RBOB means a BOB produced or imported for use in an RFG covered area.
Refiner means any person who owns, leases, operates, controls, or supervises a refinery in the United States.
Refinery means a facility where fuels are produced from feedstocks, including crude oil or renewable feedstocks, through physical or chemical processing equipment.
Reformulated gasoline (RFG) means gasoline that is certified under §1090.1000(b) and that meets each of the standards and requirements in §1090.220.
Regulated blendstock means certified butane, certified pentane, TGP, TDP, and GTAB.
Regulated blendstock producer means any person who owns, leases, operates, controls, or supervises a facility where regulated blendstocks are produced or imported.
Renewable diesel fuel means diesel fuel that is made from renewable (nonpetroleum) feedstocks and is not a mono-alkyl ester.
Reseller means any person who purchases fuel identified by the corporate, trade, or brand name of a fuel manufacturer from such manufacturer or a distributor and resells or transfers it to a retailer or WPC, and whose assets or facilities are not substantially owned, leased, or controlled by such manufacturer.
Residual fuel means a petroleum fuel with a T90 temperature at or above 700 °F. For example, No. 5 fuels and No. 6 fuels are residual fuels. Residual fuel grades are specified in ASTM D396 and ISO 8217. T90 temperature is based on the distillation test method specified in §1090.1350.
Responsible corporate officer (RCO) means a person who is authorized by the regulated party to make representations on behalf of, or obligate the company as ultimately responsible for, any activity regulated under this part (e.g., refining, importing, blending). An example is an officer of a corporation under the laws of incorporation of the state in which the company is incorporated. Examples of positions in non-corporate business structures that qualify are owner, chief executive officer, president, or operations manager.
Retail outlet means any establishment at which fuel is sold or offered for sale for use in motor vehicles, nonroad engines, nonroad vehicles, or nonroad equipment, including locomotive or marine engines.
Retailer means any person who owns, leases, operates, controls, or supervises a retail outlet.
RFG covered area means the geographic areas specified in §1090.285 in which only RFG may be sold or dispensed to ultimate consumers.
RFG opt-in area means an area that becomes a covered area under 42 U.S.C. 7545(k)(6) as listed in §1090.285.
Round (rounded, rounding) has the meaning given in §1090.50.
Sampling strata means the three types of areas sampled during a survey, which include the following:
(1) Densely populated areas.
(2) Transportation corridors.
(3) Rural areas.
State Implementation Plan (SIP) means a plan approved or promulgated under 42 U.S.C. 7410 or 7502.
Summer gasoline means gasoline that is subject to the RVP standards in §1090.215.
Summer season or high ozone season means the period from June 1 through September 15 for retailers and WPCs, and May 1 through September 15 for all other persons, or an RVP control period specified in a SIP if it is longer.
Tank truck means a truck used for transporting fuel, fuel additive, or regulated blendstock.
Transmix means any of the following mixtures of fuels, which no longer meet the specifications for a fuel that can be used or sold as a fuel without further processing:
(1) Pipeline interface that is not cut into the adjacent products.
(2) Mixtures produced by unintentionally combining gasoline and distillate fuels.
(3) Mixtures of gasoline and distillate fuel produced from normal business operations at terminals or pipelines, such as gasoline or distillate fuel drained from a tank or drained from piping or hoses used to transfer gasoline or distillate fuel to tanks or trucks, or gasoline or distillate fuel discharged from a safety relief valve that are segregated for further processing.
Transmix blender means any person who owns, leases, operates, controls, or supervises a transmix blending facility.
Transmix blending facility means any facility that produces gasoline by blending transmix into PCG under §1090.500.
Transmix distillate product (TDP) means the diesel fuel blendstock that is produced when transmix is separated into blendstocks at a transmix processing facility.
Transmix gasoline product (TGP) means the gasoline blendstock that is produced when transmix is separated into blendstocks at a transmix processing facility.
Transmix processing facility means any facility that produces TGP or TDP from transmix by distillation or other refining processes, but does not produce gasoline or diesel fuel by processing crude oil or other products.
Transmix processor means any person who owns, leases, operates, controls, or supervises a transmix processing facility. A transmix processor is a fuel manufacturer.
Ultra low-sulfur diesel (ULSD) means diesel fuel that is certified to meet the standards in §1090.305.
United States means the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the U.S. Virgin Islands.
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.
Voluntary consensus standards body (VCSB) means an organization that follows consistent protocols to adopt standards reflecting a wide range of input from interested parties. ASTM International and the International Organization for Standardization are examples of VCSB organizations.
Wholesale purchaser-consumer (WPC) means any person that 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 substantially under the control of that person.
Winter gasoline means gasoline that is not subject to the RVP standards in §1090.215.
Winter season means any duration outside of the summer season or high ozone season.
[85 FR 78469, Dec. 4, 202; 88 FR 44593, July 12, 20230]