['Air Programs']
['Air Emissions']
10/12/2023
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§1090.300 Overview and general requirements.
(a) Diesel fuel is subject to the ULSD standards in §1090.305, except as follows:
(1) Alternative sulfur standards apply for 500 ppm LM diesel fuel and ECA marine fuel as specified in §§1090.320 and 1090.325, respectively.
(2) Exemption provisions apply as specified in subpart G of this part.
(b) Diesel fuel additives must meet the requirements in §1090.310.
(c) A diesel fuel manufacturer or diesel fuel additive manufacturer must demonstrate compliance with the standards in this subpart by measuring fuel parameters in accordance with subpart N of this part.
(d) All the standards in this part apply to diesel fuel and diesel fuel additives on a per-gallon basis.
(e)(1) No person may produce, import, sell, offer for sale, distribute, offer to distribute, supply, offer for supply, dispense, store, transport, or introduce into commerce any diesel fuel, ECA marine fuel, or diesel fuel additive that does not meet any standard set forth in this subpart.
(2) Notwithstanding paragraph (e)(1) of this section, an importer may import diesel fuel that does not comply with the standards set forth in this subpart if all the following conditions are met:
(i) The importer offloads the imported diesel fuel into one or more tanks that are physically located at the same import facility at which the imported diesel fuel first arrives in the United States or at a facility to which the imported diesel fuel is directly transported from the import facility at which the imported diesel fuel first arrived in the United States.
(ii) The importer uses the imported diesel fuel to produce one or more new batches of diesel fuel.
(iii) The importer certifies each new batch of diesel fuel under §1090.1000(c) and demonstrates that it complies with the standards in this subpart by measuring fuel parameters in accordance with subpart N of this part before custody or title to each new batch of diesel fuel is transferred.
(f) No fuel or fuel additive manufacturer may introduce into commerce diesel fuel or diesel fuel additives that are not “substantially similar” under 42 U.S.C. 7545(f)(1) or permitted under a waiver granted under 42 U.S.C. 7545(f)(4).
(g) Distillate global marine fuel that does not qualify for an exemption under §1090.650 is subject to the standards, requirements, and prohibitions that apply for ULSD under this part.
(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 motor vehicles or engines or model year 2011 or later nonroad diesel vehicles or engines (not including locomotive or marine diesel engines).
[85 FR 78469, Dec. 4, 2020]
§1090.305 ULSD standards.
(a) Overview. Except as specified in §1090.300(a), diesel fuel must meet the ULSD per-gallon standards of this section.
(b) Sulfur standard. Maximum sulfur content of 15 ppm.
(c) Cetane index or aromatic content. Diesel fuel must meet one of the following standards:
(1) Minimum cetane index of 40.
(2) Maximum aromatic content of 35 volume percent.
[85 FR 78469, Dec. 4, 2020]
§1090.310 Diesel fuel additives standards.
(a) Except as specified in paragraph (b) and (c) of this section, diesel fuel additives blended into diesel fuel that is subject to the standards in §1090.305 must have a sulfur concentration less than or equal to 15 ppm on a per-gallon basis.
(b) Diesel fuel additives do not have to comply with paragraph (a) of this section if all the following conditions are met:
(1) The additive is added to diesel fuel in a quantity less than 1.0 volume percent of the resultant mixture of additive and diesel fuel.
(2) The PTD for the diesel fuel additive complies with the requirements in §1090.1120(b).
(3) The additive is not commercially available as a retail product for ultimate consumers.
(c) The provisions of this section do not apply to additives used with 500 ppm LM diesel fuel or ECA marine fuel.
[85 FR 78469, Dec. 4, 2020]
§1090.315 Heating oil, kerosene, ECA marine fuel, and jet fuel provisions.
Heating oil, kerosene, ECA marine fuel, and jet fuel must not be sold for use in motor vehicles or nonroad equipment and are not subject to the ULSD standards in §1090.305 unless also designated as ULSD under §1090.1015(a).
[85 FR 78469, Dec. 4, 2020]
§1090.320 500 ppm LM diesel fuel standards.
(a) Overview. 500 ppm LM diesel fuel produced or distributed by a transmix processor or pipeline operator under §1090.515 must meet the per-gallon standards of this section.
(b) Sulfur standard. Maximum sulfur content of 500 ppm.
(c) Cetane index or aromatic content. The standard for cetane index or aromatic content in §1090.305(c).
[85 FR 78469, Dec. 4, 2020]
§1090.325 ECA marine fuel standards.
(a) Overview. Except as specified in paragraph (c) of this section, ECA marine fuel must meet the per-gallon standards of this section.
(b) Sulfur standard. Maximum sulfur content of 1,000 ppm.
(c) Exceptions. The standards in paragraph (b) of this section do not apply to the following:
(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 engines operated on such vessels is subject to the standards in this section instead of the standards in §1090.305 or §1090.320.
(2) Distillate global marine fuel that is exempt under §1090.650.
[85 FR 78469, Dec. 4, 2020]
[85 FR 78469, Dec. 4, 2020]
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