['Air Programs']
['Air Emissions']
10/12/2023
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§1090.500 Gasoline produced from blending transmix into PCG.
(a) Applicability. (1) Except as specified in paragraph (a)(2) of this section, a transmix blender that blends transmix into PCG must comply with the requirements of this section.
(2) Small volumes of fuel that are captured in pipeline sumps or trapped in pipeline pumps or valve manifolds and that are injected back into batches of gasoline or diesel fuel are exempt from the requirements in this section.
(b) Requirements. (1) The distillation end-point of the resultant transmix-blended gasoline must not exceed 437 degrees Fahrenheit.
(2) The resultant transmix-blended gasoline must meet the downstream sulfur per-gallon standard in §1090.205(c) and the applicable RVP standard in §1090.215.
(3) The transmix blender must comply with the recordkeeping requirements in §1090.1255.
(4) The transmix blender must maintain and follow a written quality assurance program that meets the requirements of paragraph (c) of this section.
(5) In the event that the test result for any sample collected under the quality assurance program specified in paragraph (c) of this section indicates that the gasoline does not comply with any of the applicable standards in this part, the transmix blender must do all the following:
(i) Immediately take steps to stop the sale of the gasoline that was sampled.
(ii) Take reasonable steps to determine the cause of the noncompliance and prevent future instances of noncompliance.
(iii) Notify EPA of the noncompliance.
(iv) If the transmix was blended by a computer controlled in-line blending system, increase the rate of sampling and testing to a minimum frequency of once per week and a maximum frequency of once per day and continue the increased frequency of sampling and testing until the results of 10 consecutive samples and tests indicate that the gasoline complies with applicable standards, at which time the sampling and testing may be conducted at the original frequency.
(c) Quality assurance program. (1) The quality assurance program must be designed to assure that the type and amount of transmix blended into PCG will not cause violations of the applicable fuel quality standards.
(2) Except as specified in paragraph (c)(3) of this section, as a part of the quality assurance program, a transmix blender must collect samples of gasoline after blending transmix and test the samples to ensure the end-point temperature of the resultant transmix-blended gasoline does not exceed 437 degrees Fahrenheit, using one of the following sampling methods:
(i) For transmix that is blended in a tank (including a tank on a barge), collect a representative sample of the resultant transmix-blended gasoline following each occasion transmix is blended.
(ii) For transmix that is blended by a computer controlled in-line blending system, the transmix blender must collect composite samples of the resultant transmix-blended gasoline at least twice each calendar month during which transmix is blended.
(3) Any transmix blender may petition EPA for approval of a quality assurance program that does not include the minimum sampling and testing requirements of paragraph (c)(2) of this section. To seek approval for such an alternative quality assurance program, the transmix blender must submit a petition to EPA that includes all the following:
(i) A detailed description of the quality assurance procedures to be carried out at each location where transmix is blended into PCG, including a description of how the transmix blender proposes to determine the ratio of transmix that can be blended with PCG without violating any of the applicable standards in this part, and a description of how the transmix blender proposes to determine that the gasoline produced by the transmix blending operation meets the applicable standards.
(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.
(iii) A transmix blender that petitions EPA to use an alternative quality assurance program must comply with any request by EPA for additional information or any other requirements that EPA includes as part of EPA's evaluation of the petition. However, the transmix blender may withdraw their petition or approved use of an alternative quality assurance program at any time, upon notice to EPA.
[85 FR 78469, Dec. 4, 2020]
§1090.505 Gasoline produced from TGP.
(a) General provisions. (1) A transmix processor or blending manufacturer that produces gasoline from TGP must meet the requirements of this section.
(2) A transmix processor must not use any feedstock other than transmix to produce TGP.
(3) A transmix processor or blending manufacturer may produce gasoline using only TGP, a combination of TGP and PCG, a combination of TGP and blendstock(s), or a combination TGP, PCG, and blendstock(s) under the provisions of this section. A transmix processor or blending manufacturer may also blend fuel additives into gasoline in accordance with §§1090.260 and 1090.265.
(b) Demonstration of compliance with sulfur per-gallon standard. (1) A transmix processor or blending manufacturer that produces gasoline with TGP must meet one of the following sulfur standards for each batch of gasoline they produce, as applicable:
(i) Each batch of gasoline produced from only TGP or both TGP and PCG must comply with the downstream sulfur per-gallon standard in §1090.205(c).
(ii) Each batch of gasoline produced from a combination of TGP and any blendstock must comply with the fuel manufacturing facility gate sulfur per-gallon standard in §1090.205(b).
(2) A transmix processor or blending manufacturer that produces gasoline with TGP must demonstrate compliance with the applicable sulfur standard in paragraph (b)(1) of this section by measuring the sulfur content of each batch of gasoline they produce in accordance with subpart N of this part.
(c) Demonstration of compliance with sulfur and benzene average standards. (1) A transmix processor or blending manufacturer that produces gasoline with TGP must exclude TGP and PCG used to produce gasoline under the provisions of this section from their compliance calculations to demonstrate compliance with the sulfur and benzene average standards in §§1090.205(a) and 1090.210(a) and (b), respectively. A transmix processor or blending manufacturer that exclusively produces gasoline from only TGP or both TGP and PCG is deemed to be in compliance with the sulfur and benzene average standards in §§1090.205(a) and 1090.210(a) and (b), respectively.
(2) A transmix processor or blending manufacturer that produces gasoline with TGP must include all blendstocks other than TGP and PCG in their compliance calculations to demonstrate compliance with the sulfur and benzene average standards in §§1090.205(a) and 1090.210(a) and (b), respectively.
(3) A transmix processor or blending manufacturer that produces gasoline by adding blendstock to TGP must comply with §1090.1325.
(d) Demonstration of compliance with RVP standard. A transmix processor or blending manufacturer that produces gasoline with TGP must demonstrate that each batch of gasoline they produce meets the applicable RVP standard in §1090.215 by measuring the RVP of each batch in accordance with subpart N of this part.
(e) Distillation point determination. A transmix processor or blending manufacturer that produces gasoline with TGP must determine the following distillation parameters for each batch of gasoline they produce in accordance with subpart N of this part:
(1) T10.
(2) T50.
(3) T90.
(4) End-point.
(5) Distillation residue.
[85 FR 78469, Dec. 4, 2020]
§1090.510 Diesel and distillate fuel produced from TDP.
(a) A transmix processor must not use any feedstock other than transmix to produce TDP.
(b) A transmix processor must demonstrate that each batch of diesel fuel or distillate fuel produced from TDP meets the applicable standard in subpart D of this part and must comply with all other requirements applicable to a diesel fuel or distillate fuel manufacturer under this part.
(c) A transmix processor that produces 500 ppm LM diesel fuel from TDP must also comply with the requirements in §1090.515.
[85 FR 78469, Dec. 4, 2020]
§1090.515 500 ppm LM diesel fuel produced from TDP.
(a) Applicability. A transmix processor that produces 500 ppm LM diesel fuel from TDP must comply with the requirements of this section and the standards for 500 ppm LM diesel fuel specified in §1090.320.
(b) Blending component limitation. A transmix processor may only use the following components to produce 500 ppm LM diesel fuel:
(1) TDP.
(2) ULSD.
(3) Diesel fuel additives that comply with the requirements in §1090.310.
(c) Volume requirements. A party that handles 500 ppm LM diesel fuel must calculate the volume of 500 ppm LM diesel fuel received versus the volume delivered and used on a compliance period basis. An increase in the volume of 500 ppm LM diesel fuel delivered compared to the volume received must be due solely to one or more of the following:
(1) Normal pipeline interface cutting practices under paragraph (e)(1) of this section.
(2) The addition of ULSD to a retail outlet or WPC 500 ppm LM diesel fuel storage tank under paragraph (e)(2) of this section.
(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 nonroad vehicle or engine, or in any motor vehicle engine.
(e) Segregation requirement. A transmix processor or distributor must segregate 500 ppm LM diesel fuel from other fuels except as follows:
(1) A pipeline operator may ship 500 ppm LM diesel fuel by pipeline provided that the 500 ppm LM diesel fuel does not come into physical contact in the pipeline with distillate fuels that have a sulfur content greater than 15 ppm. If 500 ppm LM diesel fuel is shipped by pipeline adjacent to ULSD, the pipeline operator must cut ULSD into the 500 ppm LM diesel fuel.
(2) A WPC or retailer of 500 ppm LM diesel fuel may introduce ULSD into a storage tank that contains 500 ppm LM diesel fuel, provided that the other requirements of this section are satisfied. The resultant mixture must be designated as 500 ppm LM diesel fuel.
(f) Party limit. No more than 4 separate parties may handle the 500 ppm LM diesel fuel between the producer and the ultimate consumer.
(g) Compliance plan. For each facility, a transmix processor that produces 500 ppm LM diesel fuel must obtain approval from EPA for a compliance plan at least 60 days prior to producing 500 ppm LM diesel fuel. The compliance plan must detail how the transmix processor intends to meet all the following requirements:
(1) Demonstrate how the 500 ppm LM diesel fuel will be segregated by the producer through to the ultimate consumer from fuel having other designations in order to comply with the segregation requirement in paragraph (e) of this section.
(2) Demonstrate that the end users of 500 ppm LM diesel fuel will also have access to ULSD for use in those engines that require ULSD.
(3) Identify the parties that will handle the 500 ppm LM diesel fuel through to the ultimate consumer.
(4) Identify all ultimate consumers that will be supplied with the 500 ppm LM diesel fuel.
(5) Demonstrate how misfueling of 500 ppm LM diesel fuel into vehicles, engines, or equipment that require the use of ULSD will be prevented.
(6) Include an EPA registration number.
[85 FR 78469, Dec. 4, 2020]
§1090.520 Handling practices for pipeline interface that is not transmix.
(a) Subject to the limitations in paragraph (b) of this section, a pipeline operator may cut pipeline interface from two batches of gasoline subject to EPA standards that are shipped adjacent to each other by pipeline into either or both these batches of gasoline provided that this action does not cause or contribute to a violation of the standards in this part.
(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 gasoline batch 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.
[85 FR 78469, Dec. 4, 2020]
[85 FR 78469, Dec. 4, 2020]
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