------------------------------------------------------------------------------- On 07/09/91 [L-S document 396271, 56 FR 31176, 10766 lines] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 80 [AMS-FRL-3965-9] Regulation of Fuels and Fuel Additives: Standards for Reformulated Gasoline AGENCY: Environmental Protection Agency. ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------------- SUMMARY: EPA proposes, in today's notice, two related programs implementing section 211(k) of the Clean Air Act (CAA or the Act) as amended by Public Law 101-549. The primary program under that section requires that gasoline sold in the nine worst ozone nonattainment areas be reformulated to reduce toxic and ozone-forming volatile organic compound (VOC) emissions. The second program prohibits gasoline sold in the rest of the United States from becoming more polluting. These regulations will take effect on January 1, 1995. DATES: Comments on this proposal will be accepted through August 15, 1991. EPA will hold a public hearing on July 15, 1991, from 9 a.m. until 5 p.m. and on July 16, 1991, from 8 a.m. until 3 p.m., regarding the contents of this proposal. If, after publication of this proposal but prior to the July 15-16, 1991, hearing, the Agency has issued a supplementary notice based on the results of a consensus that is reached through a continuing negotiated rulemaking process, the public hearing will also cover the contents of that notice. Additional information on the submission of comments and the public hearing can be found under "Public Participation" in the Supplementary Information section of today's notice. ADDRESSES: Interested parties may submit written comments (in duplicate if possible) to Air Docket Section (LE-131), U.S. Environmental Protection Agency, Attention: Docket No. A-91-02, 401 M Street, SW., Washington, DC 20460. The Agency requests that a separate copy also be sent to Carol Menninga, SDSB-12, EPA Motor Vehicle Emission Laboratory, 2565 Plymouth Road, Ann Arbor, MI 48105. The hearing will be held at the Westpark Hotel, 1900 North Fort Myer Drive, Arlington, Virginia. Materials relevant to this proposal have been placed in Docket No. A-91-02 by EPA. The docket is located at the above address in room M-1500, Waterside Mall (ground floor), and may be inspected from 8:30 a.m. to 12 p.m. and 1 to 3 p.m., Monday through Friday. A reasonable fee may be charged by EPA for copying docket materials. FOR FURTHER INFORMATION CONTACT: Carol Menninga, Standards Development and Support Branch, U.S. Environmental Protection Agency, 2565 Plymouth Road, Ann Arbor, MI 48105, telephone: (313) 668-4575. Richard A. Rykowski, Standards Development and Support Branch, U.S. Environmental Protection Agency, 2565 Plymouth Road, Ann Arbor, MI 48105, telephone: (313) 668-4339. To request copies of this notice contact: Marie Tolonen, Standards Development and Support Branch, U.S. Environmental Protection Agency, 2565 Plymouth Road, Ann Arbor, MI 48105, Telephone: (313) 668-4295. SUPPLEMENTARY INFORMATION: I. Use of Regulatory Negotiations EPA is developing the regulations proposed today through the process of regulatory negotiation. Over the past several years, the Agency has developed and employed this process as a means of developing rules that are acceptable to all the interests that will be significantly affected by the rules. Rules so developed are far less likely to be challenged in court. The process entails convening a negotiating committee that consists of representatives from EPA and all affected interests, generally including other government agencies, states, localities, industry, consumers and environmental groups. The Negotiated Rulemaking Act of 1990, Public Law 101-648, expressly authorizes use of the negotiated rulemaking process in appropriate circumstances and sets forth procedural requirements which the Agency has met for the negotiations being conducted on these regulations. A complete description of the negotiated rulemaking process and the Agency's decision to use that process for these regulations may be found in the notice of "Intent to Form an Advisory Committee to Negotiate Guidelines and Proposed Regulations Implementing Clean Fuels Provisions" (56 FR 5167, February 8, 1991) and in the notice of "Open Meeting of the Negotiated Rulemaking Advisory Committee; Clean Fuels Rules and Guidelines" (56 FR 8972, March 4, 1991). The Agency first convened the negotiating committee for these regulations on March 14, 1991. The committee includes representatives from EPA, the Department of Energy, the State and Territorial Air Pollution Program Administrators, the Association of Local Air Pollution Control Officials, the Northeast States for Coordinated Air Use Management, the California Air Resources Board, the American Petroleum Institute, the National Petroleum Refiners Association, the American Independent Refiners Association, the Rocky Mountain Small Refiners Association, the Clean Fuels Development Coalition, the Oxygenated Fuels Association, the Renewable Fuels Association, the American Methanol Institute, the National Council of Farmer Cooperatives, the National Corn Growers Association, the Petroleum Marketers Association of America, the Society of Independent Gasoline Marketers of America, the Independent Liquid Terminals Association, the Motor Vehicles Manufacturers Association, the Association of International Automobile Manufacturers, Citizen Action, the Sierra Club, the American Lung Association, and the Natural Resources Defense Council. The Agency believes that the negotiating committee has made significant progress towards arriving at a consensus on regulations implementing section 211(k). The Agency wants the regulatory negotiation process to continue because it believes that consensus can be reached. However, for EPA to meet the statute's November 15, 1991 deadline for promulgating final regulations implementing section 211(k), the Agency believes that it cannot wait for consensus to be reached before publishing a proposal. EPA has therefore decided to present in today's notice the positions being taken on different issues by one or more parties to the negotiation. The fact that an option has been included in this notice does not mean that every party to the negotiations, including the Agency, believes that it would be appropriate to adopt the option in the final rule. Indeed, a number of participants have expressed opposition to many of these options. Their inclusion in this notice does not constitute endorsement by all of the participants. EPA requests comments on the appropriateness of each of these options. If the negotiating committee reaches consensus, EPA will provide a supplemental notice describing the committee's recommendations and provide an opportunity for the public to comment on those recommendations. II. Statutory Provisions A. Overview Section 211(k) of the Act as amended prohibits the sale of gasoline that EPA has not certified as reformulated from being sold to consumers in the nine large ozone nonattainment areas that experienced the worst ozone pollution during the period of 1987 through 1989. Any other ozone nonattainment area may have the prohibition applied to gasoline sold within its borders at the request of the governor of the state in which it is located. Further, conventional gasoline sold elsewhere may not be more polluting than it was in 1990. The prohibitions take effect beginning on January 1, 1995, although a later effective date may be provided under certain circumstances in the case of areas opting into the reformulated gasoline program. Section 211(k) requires EPA to promulgate regulations establishing requirements for reformulated and conventional gasolines within one year of the amendments' enactment, i.e., November 15, 1991. Those regulations must include the specifications and performance standards that gasoline must meet to be considered reformulated; a process for certifying gasolines as reformulated; a program for granting tradeable credits to fuel producers that certify reformulated gasoline which is less polluting than required; and provisions implementing the prohibition against sale of conventional gasoline which is dirtier than it was in 1990. B. Compositional Specifications for Reformulated Gasoline Section 211(k)(2), provides that EPA's regulations shall require that reformulated gasoline comply with each of the following compositional requirements: An oxygen content not less than 2.0 percent by weight, a benzene content of not more than 1.0 percent by volume, and no heavy metals, including lead or manganese. That provision, however, permits the Administrator to waive the application of the oxygen content requirement and the heavy metal ban under certain circumstances. If the Administrator determines that compliance with the oxygen content requirement would interfere with the attainment of a national primary ambient air quality standard in a covered area, the application of that requirement may be waived, in whole or in part, for that area. In addition, if the Administrator determines that the addition of a heavy metal other than lead to reformulated gasoline will not increase toxic air pollutant emissions from motor vehicles on either an aggregate mass or a cancer-risk basis, the prohibition against the use of that metal in reformulated gasoline may be waived. C. Emission Standards for Reformulated Gasoline 1. NOx Emissions Section 211(k)(2)(A) also provides that emissions of oxides of nitrogen (NOx) from baseline vehicles may be no greater when using reformulated gasoline than when using the baseline gasoline which is defined in CAA section 211(k)(10) and described below in section D of this proposal. If the Administrator determines that compliance with this limitation is technically infeasible, considering the other requirements applicable under section 211(k), the Administrator may adjust or waive any of the other requirements, as appropriate, to ensure compliance with the NOx emission limit. 2. VOCs and Toxic Air Pollutants At the heart of section 211(k) are requirements that reformulated gasoline reduce ozone-forming and toxic air pollutant emissions. Section 211(k)(1) states that the EPA regulations implementing that section "shall require the greatest reduction in emissions of ozone forming volatile organic compounds (VOCs) (during the high ozone season) and emissions of toxic air pollutants (during the entire year) achievable through the reformulation of conventional gasoline, taking into consideration the cost of achieving such emission reductions, any non-air-quality and other air-quality related health and environmental impacts and energy requirements." Section 211(k)(10)(C) defines "toxic air pollutants" to mean the aggregate emissions of benzene, 1,3- butadiene, polycyclic organic matter (POM), acetaldehyde, and formaldehyde. Section 211(k)(3) requires that VOC and toxic emissions from baseline vehicles be reduced relative to the emissions attributable to the baseline gasoline. The reduction requirements for VOC emissions would apply during the high ozone season, and the requirements for toxic emissions would apply year round. The Act requires that both VOC and toxic emissions shall be assessed on a mass basis, rather than an ozone-forming or reactivity basis for VOCs, or a cancer-causing basis for toxic air pollutants. Under section 211(k)(3), the reductions in VOC and toxic emissions that reformulated gasoline must achieve are to be determined by comparing the emission reductions resulting from the use of a "formula" fuel (defined by section 211(k)(3)(A) and described below in section F of this proposal) with a specified 15 percent reduction in emissions from baseline vehicles (defined by section 211(k)(10)(A) as representative model year 1990 vehicles). The more stringent emission reduction becomes the minimum standard. VOC and toxic emission standards are to be determined separately, so that the "formula" fuel might set the standard for toxic emissions, while the 15 percent reduction standard might apply to VOCs. The determination of the proposed standards for both VOC and toxic emissions is discussed below in section III.D of this proposal. For the year 2000 and beyond, section 211(k)(3)(B) provides that VOC and toxics emission reduction requirements for reformulated gasoline are to be based on a comparison of the emission performance of the formula fuel to a 25 percent reduction in VOC and toxic emissions, relative to emissions from the baseline gasoline. Considering technological feasibility and cost, the Agency may adjust the "Phase II" emission standard to require more or less emission reductions, but in no case shall such an adjustment provide for less than a 20 percent reduction. Phase II reformulated gasoline standards will be developed through a later rulemaking. D. Composition of Baseline Gasoline Section 211(k)(10) defines "baseline gasoline" to mean one thing in the summer, which is the high ozone season, and another thing in the winter. It specifies the composition of summer gasoline in detail and leaves the composition of winter gasoline to be determined by the Administrator. 1. Summer Baseline Gasoline In the case of gasoline sold during the high ozone season, section 211(k)(10) defines 'baseline gasoline' as a gasoline which meets the following specifications: Baseline Gasoline Fuel Properties API Gravity 57.4 Sulfur, ppm 339 Benzene, volume percent 1.53 RVP, psi 8.7 Octane, R+M/2 87.3 IBP, degrees F 91 10%, degrees F 128 50%, degrees F 218 90%, degrees F 330 End Point, degrees F 415 Aromatics, volume % 32.0 Olefins, volume % 9.2 Saturates, volume % 58.8 There are, however, other fuel parameters for which the definition of baseline summer gasoline contains no specifications. Levels of oxygen, lead, and deposit-control additives are all defined for the 'formula' fuel as described below in section E, but are not specified for the baseline gasoline. EPA's proposals regarding the other parameters of summer baseline gasoline are discussed in section III.A.1 of this notice. 2. Winter Baseline Gasoline As noted earlier, the Act does not specify the composition of winter baseline gasoline. Instead, it requires that EPA establish specifications based on industry average gasolines sold in other than the high ozone season in l990. The high ozone season is defined in section II.H of this proposal. EPA's proposed specifications for winter fuel are set forth in section III.A.1 of this proposal. E. Formula Fuel Section 211(k)(3)(A) describes the following formula fuel as containing: --No more than 1.0 volume percent benzene, --No more than 25 volume percent aromatics, --At least 2.0 weight percent oxygen, --No lead, and --Additives to prevent the accumulation of deposits in engines or vehicle fuel supply systems. The Act is silent regarding many other compositional parameters of the 'formula' fuel, such as sulfur, Reid Vapor Pressure (RVP), octane (R+M/2), distillation points, API gravity, olefins, and saturates. EPA's proposal regarding these compositional elements of the formula fuel is set forth in section III.D of this notice. F. Affected Nonattainment Areas 1. Areas Covered by the Operation of the Law Section 211(k)(5) of the Act prohibits the sale of gasoline not certified as reformulated (i.e., conventional gasoline) in "any covered area." Section 211(k)(10) defines covered areas as the nine ozone nonattainment areas with the highest ozone design values during the years from 1987 through 1989 and with a 1980 population of over 250,000. Also defined as covered areas are ozone nonattainment areas reclassified as severe ozone nonattainment areas under section 181(b) of the Act, effective one year after reclassification. Title I of the Clean Air Act defines five levels of ozone nonattainment. In order of increasing severity, they are: Marginal, moderate, serious, severe, and extreme. Based on 1987 through 1989 ozone design values, a total of 96 areas of the country are at some level of ozone nonattainment. Of those, nine are classified under section 181(b) as severe or extreme, and fifteen as serious. To be reclassified as severe, an area must have an ozone design value of 0.16 ppm or higher. Based on United States census data and 1987 through 1989 ozone air quality design values, as published by EPA's Office of Air Quality Planning and Standards in August, 1990, the nine nonattainment areas that meet the criteria of the nine originally covered areas are the metropolitan statistical areas (MSAs) or consolidated metropolitan statistical areas (CMSAs) containing Baltimore, Maryland; Chicago, Illinois; Hartford, Connecticut; Houston, Texas; Los Angeles, California; Milwaukee, Wisconsin; New York, New York; Philadelphia, Pennsylvania; and San Diego, California. Of these nine areas, Los Angeles is designated as extreme, Hartford as serious, and the remaining seven are severe ozone nonattainment areas. A more detailed description of these areas and the counties they include can be found below in section VIII.C. 2. Opt-In Areas Under section 211(k)(6), the governor of a state may apply to have any ozone nonattainment area in the state included in the reformulated gasoline program. Upon receiving an application, the Agency is to publish it in the Federal Register and establish an appropriate effective date for including the area in the program, to take place not later than January 1, 1995, or one year after the application is received, whichever is later. The Administrator may extend the effective date by up to three years if he determines, in consultation with the Department of Energy, that there is an insufficient domestic capacity to produce the reformulated gasoline needed to supply opt- in areas. If the Administrator so finds, he is to extend the effective date for areas with lower ozone classifications before doing so for areas with higher classifications. According to EPA's data, there are 87 ozone nonattainment areas eligible to opt into the reformulated gasoline program. G. Averaging and Trading Section 211(k)(7) requires EPA to grant credits to persons who make or import and who certify gasoline that has more oxygen or less benzene or aromatics than is required to comply with sections 211(k)(2) and (3). Such credits may be used to demonstrate compliance with section 211(k) requirements, and they are tradeable. However, they must be used within the nonattainment area in which the credit-generating gasoline is sold. In addition, EPA may not grant or permit transfers of credits to the extent that the use of such credits would result, on average, in lower levels of oxygen or higher levels of benzene or aromatics in conventional gasoline in a nonattainment area than would occur in the absence of using such credits. H. Fuel Certification Section 211(k)(4) calls for fuels to be certified as reformulated if they comply with the compositional requirements and NOx emission limit established under section 211(k) and if they achieve equivalent or greater reductions than are achieved by a gasoline meeting the formula-fuel- or performance- standard-based requirements established under section 211(k)(3). EPA is to act on certification petitions within 180 days of receipt. If the Agency fails to act in time, the fuel is deemed certified until EPA does act. I. Prohibitions The linchpins of the reformulated gasoline provisions are the prohibitions in section 211(k)(5). That section provides that, beginning on January 1, 1995, the sale or dispensing by any person of conventional gasoline to ultimate consumers (e.g., car owners) in any covered area is prohibited. (Section 211(k)(10)(F) defines "conventional gasoline" as any gasoline that does not meet the specifications of a certification issued under section 211(k)). Section 211(k)(5) also prohibits any refiner, blender, importer, or marketer from selling or dispensing conventional gasoline for resale in a covered area (e.g., to a wholesaler) without segregating it from reformulated gasoline and clearly marking it as "conventional gasoline, not for resale to ultimate consumers in a covered area." Relatedly, it prohibits anyone who purchases properly segregated and labeled conventional gasoline from labeling, representing, or wholesaling it as reformulated gasoline. EPA is authorized to impose sampling, testing, and recordkeeping requirements to prevent violations of these prohibitions. J. Anti-Dumping Section 211(k) provides, not only for a program that cleans up gasoline sold in ozone nonattainment areas, but a program that maintains, on average, the current quality of gasoline sold in the rest of the country. The provisions of section 211(k)(8), which establishes the "anti-dumping" program, are described in section IX of this notice. III. Derivation of Emission Standards The first step in implementing the reformulated gasoline program is to determine the levels of the applicable emission standards. In the case of NOx, VOC, and toxic emissions, the Act specifies standards that are relative to emission levels from baseline vehicles using baseline fuel. In addition, it requires EPA to determine whether the specified formula fuel achieves reductions in toxic and VOC emissions greater than 15 percent of baseline emissions, as the specified performance standard otherwise requires. Finally, section 211(k)(1) provides that the VOC and toxic standards require the greatest achievable reductions, considering specified factors. In this section, EPA first lays the foundation for determining the emission standards by proposing a determination of baseline emissions. To do so, it defines or supplements the statutory definitions of baseline fuel, high ozone season, and baseline vehicle. The Agency then considers how different fuel parameters affect emissions of the regulated pollutants. With that background, it judges the emission reduction benefits of the formula fuel and the achievability of VOC and toxic emission reductions greater than those derived from a comparison of the formula fuel and the performance standard. A. Baseline Emissions 1. Baseline Fuel As described earlier, the statutory definition of baseline fuel specifies most, but not all, of the components of summer baseline fuel and delegates to EPA the task of defining winter baseline fuel based on 1990 industry averages. a. Summer Baseline Gasoline. As mentioned above in section II.D of this notice, there are some fuel parameters which are specified for the formula fuel, but for which the baseline summer gasoline, as defined in the Act, contains no specifications. For summer baseline gasoline, EPA proposes that the oxygen level be zero. Oxygenates were used in some fuels in 1990, with the most widely used fuel oxygenates being MTBE at an average of less than 2 percent and ethanol at less than 1 percent by volume. However, oxygenated fuels were often sold in specialized markets, such as under state-mandated programs to reduce wintertime emissions of carbon monoxide in CO nonattainment areas, in interim reformulated gasolines, or in some premium gasolines to increase their octane level. Because oxygenates were not more widely used, EPA believes it appropriate not to include oxygen in the summer baseline gasoline. The Agency welcomes any comments on the appropriate oxygen level of baseline summer gasoline. While lead had not been entirely eliminated from all gasoline sold in 1990, its use continues to decrease over time. To ensure a complete elimination of lead from gasoline, Congress included, in its 1990 amendments, subsection 211(n), which prohibits the use of leaded gasoline in motor vehicles beginning after December 31, 1995. Because gasoline sold for highway use will be virtually leadfree by the time the reformulated gasoline program takes effect, and additionally because the baseline 1990 model year vehicles are all designed to run on unleaded gasoline, the Agency believes that it is appropriate to define baseline gasoline as thus containing zero lead. Comments on this determination are encouraged. Deposit-control or detergent additives, while not specified for the baseline gasoline, were present to some degree in almost all gasoline sold in 1990. They are also present in gasolines used in vehicle emission testing programs, such as EPA's Emission Factor (EF) test program and the Auto/Oil Research Study, which is sponsored by both the automobile and petroleum industries, to determine the effects on emissions due to changes in certain fuel parameters. The inclusion of deposit-control additives in the 'formula' fuel, as described above in section II.E of this notice, is provided for in the Act. Section 211(1), of the Act, which, like the reformulated gasoline provisions, will take effect on January 1, 1995, requires the use of effective deposit-control additives in all of the nation's gasoline. In light of these factors, the Agency proposes that the baseline fuel likewise contain detergent additives. b. Winter Baseline Gasoline. As for baseline gasoline for wintertime comparisons, the Agency has based its proposed specifications on an analysis of surveys performed by the Motor Vehicle Manufacturers Associations and by Southwest Research Institute. i. Base Fuel Parameter Values. The data EPA used to determine the winter baseline gasoline specifications was culled from the Southwest Research Institute (SwRI) 1990 gasoline surveys (January-April and October-December) and the Motor Vehicle Manufacturer's Association (MVMA) 1990 winter gasoline survey (January). Fuel parameter values are presented in these surveys by city, grade and month. The number of samples per city, grade and month is also provided. These surveys, however, only sampled unleaded grades of gasoline. Nevertheless, since the vast majority of vehicles in 1990 operated on unleaded fuel, EPA believes that the 1990 baseline fuel can be appropriately based on unleaded gasoline specifications. ii. Sales Data. The best publicly available data on 1990 fuel sales is from Petroleum Marketing Monthly (PMM), a Department of Energy, Energy Information Administration publication. PMM reports fuel sales by grade, month, and states. The use of state data assumes uniform fuel consumption throughout a state. The sales data from PMM is listed under "Volumes of First Sales of Motor Gasoline by Grade." This data reflects first delivered sales of gasoline into the states where it is expected to be consumed. Comments concerning the appropriateness of these or other references for determination of an industry average fuel, and of specific data within these references, are requested. iii. Calculation Methodology. Initial survey parameter values were obtained by city, grade and month by combining SwRI and MVMA data. The following discussion explains the methodology used to combine the data of these two surveys to obtain a single initial parameter value by city, grade and month for the winter season. During the winter season, MVMA data is available for all parameters of interest only for the month of January. For all parameters except sulfur, aromatics, olefins and saturates, SwRI data is available year round on an every-other-month basis. For those four parameters, data is available only during January/February and July/August. MVMA samples in 23 continental U.S. cities while SwRI samples 53 continental U.S. cities. Twenty-two continental U.S. cities are sampled by both surveys. As mentioned above, for all but four fuel parameters, gasoline samples in the SwRI survey were taken on an every-other-month basis. Some cities were sampled on a January-March-May-July-September-November schedule, others on a February-April-June-August-October-December schedule. For averaging purposes, survey months were grouped into the following two-month pairs: January/ February, March/April, May/June, July/August, September/October, November/ December. Thus, data for SwRI cities sampled in January and SwRI cities sampled in February were assumed representative of gasoline sold in the city in the January/February time frame. For determination of a winter season baseline, the January/February, March/April, and November/December bimonthly data was used, along with the October data in those SwRI cities sampled in October. September data was not included because September is not a non-high ozone season month. For those 22 cities sampled both by MVMA and SwRI, the January data from MVMA and the Jan/Feb data from SwRI were averaged together on a sample- weighted basis (i.e., each sample from each survey was treated equally and independently) for each fuel parameter, gasoline grade and city. This step was unnecessary for the single MVMA city not part of the SwRI survey or for the 31 SwRI cities not part of the MVMA survey. iv. Nationwide Parameter Value Calculation. The calculation of a nationwide average for each fuel parameter of the winter baseline gasoline was accomplished step-wise as follows. The values for a given fuel parameter for each city, grade and bi-monthly (including October) period (either from the combined SwRI and MVMA data as described above or from either survey independently) were first weighted by grade fraction based on the gasoline grade sales data in PMM, resulting in one fuel parameter value per city per bi-monthly period. Next, using state fuel consumption data from PMM, the fuel consumption per city per bi-monthly period was determined by assuming uniform fuel consumption within a state and using the ratio of city to state population. The fraction of each city's fuel consumption per bi-monthly period to the total fuel consumption of all the survey cities in the period was then calculated using city population data. This resulted in a fractional fuel parameter value for each city in that bi- monthly period. The sum of these fractional fuel parameter values over all survey cities and bimonthly periods yielded the final, nationwide winter baseline fuel parameter. v. Oxygenate. The Agency proposes not to include oxygen content as a specification of the winter baseline gasoline for the same reasons it proposed not to include oxygen in the specification of summer baseline gasoline. Comments are requested concerning the inclusion or exclusion of oxygen content in the development of the industry average baseline gasoline. vi. Geography. The Agency proposes to determine the winter baseline gasoline on a nationwide basis (as per the summer baseline gasoline defined in the Act). Comments are requested on using this approach versus developing a regional, PADD or other geographically-limited baseline. vii. Final Winter Baseline Specification. Using the methodology described above, the following specifications for winter baseline gasoline were determined, and EPA proposes them today: Benzene, volume percent 1.64 Aromatics, volume percent 26.3 Olefins, volume percent 11.9 T90, degrees F 332 T50, degrees F 199 Sulfur, ppm 340 RVP, psi 12.3 2. High Ozone Season The term 'high ozone season' is used in section 211(k) to refer to the period of time during which VOC control is required. Sections 211(k) (3)(B)(i) and (10)(B)(i) provide that the Administrator is to define that period of time. The Agency is considering three options for defining the high ozone season. Under the first option, high ozone season would refer to the period from May 1 through September 15. This is the period during which most of the nation's ozone exceedances occur. (96 percent of all ozone exceedances from 1986-1988 occurred during this period, excluding those in California and Houston, which tend to experience high ozone concentration levels all year. Of the ten highest ozone levels experienced in each of the "nine cities" from 1986-1988, including California and Houston, 87 percent occurred from May 1 through September 15. This is also the period over which EPA volatility (RVP) standards for gasoline apply in all 48 contiguous states (40 CFR 80.27). A parallel schedule for reformulated gasoline and for volatility control would permit refiners of reformulated gasoline to meet requirements of both programs by producing only two separate product lines, one for summer and one for winter, rather than three separate product lines to be sold during three or four different enforcement periods. Moreover, defining high ozone season to be May 1 through September 15 would be in keeping with the basis for applying the volatility rule during the same period, since the primary purpose of that rule is also to reduce ozone-forming emissions. Under the second option, the high ozone season would be lengthened to include May 1 through September 30. EPA believes that this option may simplify record-keeping requirements, which are generally monthly, by being consistent with the monthly compliance periods being considered for reformulated gasoline in order to accommodate the emissions averaging program provided by section 211(k)(7) of the Act and described in this notice in section VIII. Under the third option, high ozone season would be defined uniquely for each ozone nonattainment area, based on the period during which ambient levels of ozone in that area exceed the ambient air quality standard. This period would be based on an analysis of past ozone data over a specified period (e.g., 1987-1989). The guiding principle might be, for example, to select the shortest period which encompasses 90 percent of all ozone violations occurring in each area within that area's high ozone season. VOC control would thus be focused on those periods during which each area is likely to suffer from high rates of ozone formation. The Agency welcomes information regarding the determination of area-specific high ozone seasons and encourages comments on all options for the definition of "high ozone season". 3. Representative 1990 Model Year Vehicles Under section 211(k) of the Act, reformulated gasoline must result in reduced emissions of VOCs and toxic compounds, relative to emissions from baseline or representative model year 1990 vehicles, when using the baseline gasoline. EPA proposes that representative model year l990 vehicles refers to all recent model year vehicles utilizing current vehicle technology. This could include 1986-1991 closed-loop vehicles with adaptive learning in order to take advantage of all available data on emissions from vehicles with technology comparable to that of actual model year 1990 vehicles. The use of all available data is critical to the development of a model for purposes of determining whether candidate fuels may be certified as reformulated. (See discussion of modeling below in section IV.) For certifying fuels using a test procedure rather than the model, EPA proposes that baseline vehicles be limited to vehicles from model years 1989 through 1991. Test results from each vehicle type will be weighted according to its 1990 model year sale fraction (described below in section V). 4. In-Use Basis When quantifying emissions from a vehicle or fleet of vehicles, it is important to realize that emissions will vary over a vehicle's lifetime, generally increasing with age due to factors including normal mechanical aging as well as possible malmaintenance or tampering. To ensure that the standards set for reformulated gasoline achieve the intended environmental benefits, the Agency proposes to assess emissions on an "in-use" basis, such that emissions from 1990 model year vehicles are the estimated average emissions from those vehicles over their lifetimes. Comments regarding the impacts of an in-use approach on determining representative vehicle emissions are requested. a. Use of EPA's Mobile4.1 Emissions Model. Traditionally, the Agency, along with state and local air pollution agencies, the auto industry, and other parties interested in estimating mobile source emissions have estimated in- use mobile source emissions using versions of EPA's Mobile emissions model. The model, which incorporates data from EPA's Emission Factor (EF) program involving testing of in-use vehicles, is capable of projecting motor vehicle emissions under a range of ambient conditions and a variety of regulatory schemes. The current version of the model, Mobile4.0 is currently being updated. This updated version, Mobile4.1, will be available for use in June. Because Mobile4.1 focuses on calendar year 1990 emissions and includes vehicle technology up to and including the 1990 model year, it will provide a more accurate estimate of in-use emissions from 1990 vehicles than previous versions of the model. Also, because Mobile4.1 will be used by states to estimate mobile source emissions for the purpose of developing their State Implementation Plans (SIPs), its use in determining the emissions baseline for reformulated gasoline will provide consistency between state and federal programs. While final Mobile4.1 emission estimates were not available in time to be included in this proposal, the baseline emission estimates described in this proposal are based on projections of a draft version of Mobile4.1. Projections from the final version will be available shortly and will be made public through a notice published in the Federal Register. EPA strongly believes that Mobile4.1 should be used as the source of baseline emission estimates for this rulemaking and requests comments on its use for this purpose. i. Temperature Conditions. EPA's Mobile emissions model has been developed to predict motor vehicle emissions on an area-specific basis. In order to use the Mobile model, it is necessary to specify a temperature range for that area in which motor vehicle emissions are being evaluated. Regarding the temperature conditions at which emissions from baseline, formula, and reformulated gasolines will be modeled, the Agency is proposing two options. Under the first option, EPA is considering modeling baseline emissions under different temperature conditions for gasoline sold in the cooler, more northerly areas classified as "Class C" areas under EPA's Phase II volatility regulations (40 CFR part 80, 55 FR 23659, June 11, 1990) than in warmer areas, classified as "Class B". This option is being proposed to account for the differences in these areas' ambient temperature conditions and the fact that levels of non-exhaust (evaporative, running loss, resting loss, and refueling) emissions and rates of ozone formation are associated with the temperature conditions in an area. Under the second option, EPA proposes modeling emissions for all areas under Class C conditions. This option is a simplification relative to the first option, but would generally be consistent with the Act's approach to defining the summer baseline gasoline, which represents a typical Class C area gasoline in that its Reid vapor pressure is 8.7 psi, although it is to be used as the baseline fuel for reformulated gasoline to be sold in all covered ozone nonattainment areas. Section III.D.3 of this notice lays out alternative proposals for the VOC emission standard applicable to reformulated gasoline sold in Class B covered areas. Under the first alternative, a more stringent standard would apply in Class B covered areas than would apply in Class C ozone covered areas. Under the second alternative, the same standard would apply to both Class B and Class C areas. The two options being presented here regarding temperature conditions are dependent, in a practical way, on those in section III.D.3. If a more stringent VOC emission standard is applied in Class B areas, then it would be appropriate to use different temperature conditions to model emissions in those areas. If the same VOC emission standard is applied in all areas, then the Phase II RVP standards will cause all fuels to meet the VOC standard, regardless of whether a Class B or Class C temperature range is used. Thus, for reasons of simplicity, the same temperature range could be used in both Class B and C areas. Comments are requested on the impacts of modeling baseline emissions under different temperature conditions for Class B and Class C nonattainment areas, as described above. ii. High Ozone Temperature Determination. For determining an appropriate range of temperatures at which to model high ozone period emissions for ozone nonattainment areas, two alternative proposals are presented here. Either option could be applied in conjunction with either of the temperature condition options described above. The first alternative would use the mean maximum and mean minimum daily temperatures at which the ten highest ozone exceedances occurred in each nonattainment area over the period from 1986 through 1989. These city- specific mean maximum and minimum temperatures would then be weighted by each areas' gasoline consumption level to derive a single temperature range for Class B and Class C ozone nonattainment areas (either one range for both Class B and Class C areas or else one range for each). These temperatures are being determined and will be placed in the docket for this rulemaking as soon as they are available. The second option would utilize two sets of diurnal temperature ranges which EPA has, in the past, used in regulatory analysis. For Class C and B areas, these diurnal temperature ranges are 72-96 and 74-106 degrees F, respectively and were based on the 90th percentile high temperatures from 1984 for all Class C cities combined and Class B cities combined. As such, they represent a somewhat more extreme set of high ozone conditions. The Agency encourages comments regarding appropriate temperature ranges for high ozone periods in Class B and Class C areas. b. Effects of Stage II Refueling Controls. EPA proposes that the conditions under which baseline vehicles emissions are modeled be representative of the conditions that will be encountered during the time when reformulated gasoline provisions will be in effect. During this period, all moderate, serious, severe, and extreme ozone nonattainment areas will be required to implement EPA's "Stage II" refueling controls as a means of limiting gasoline refueling emissions. Stage II controls require the use of emission control devices installed in service station pumps to recycle emissions that would otherwise be lost into the atmosphere. EPA's regulatory impact analysis supporting refueling emission regulations estimated the efficiency of Stage II equipment to be 86 percent in areas where the program is very strictly enforced and 62 percent where enforcement is minimal. The overall average efficiency for Stage II equipment in areas currently using Stage II controls has recently been estimated at 80 percent. EPA's Stage II implementation guidelines will allow exemptions for up to 25 percent of the nation's gasoline. (Exemptions are allowed for independent stations with throughput below 50,000 gallons per month and all stations with average throughput below 10,000 gallons per month.) The state of California, however, does not allow any exemptions from Stage II controls in their ozone nonattainment areas. Assuming that 25 percent of gasoline sold in nonattainment areas outside of California will be exempt, EPA projects that refueling controls will, on average, reduce refueling emissions by 66 percent in areas where the program is in effect. Comments are encouraged regarding this estimate of the in-use efficiency of Stage II refueling controls. Due to this program, refueling emissions will constitute a smaller fraction of total in-use VOC emissions at the time reformulated gasoline provisions go into effect than is currently the case. EPA thus believes that it would be appropriate to account for Stage II refueling impacts when assessing emissions attributable to reformulated gasolines. In order that emissions due to reformulated gasolines and to the baseline gasoline be assessed on a consistent basis, the Agency proposes also including the impacts of Stage II refueling control in estimates of baseline emissions. The Agency welcomes comments on the inclusion of Stage II refueling control effects in evaluations of emissions from the baseline gasoline and other gasolines. c. Effects of Enhanced Inspection/Maintenance Programs. A large portion of motor vehicle emissions are attributable to a small fraction of vehicles whose emission levels are extremely high due to tampering or malmaintenance. The enhanced inspection and maintenance (I/M) programs, which are mandated by the Act for all serious, severe, and extreme ozone nonattainment areas, will be addressing this category of emission sources by enforcing proper maintenance of exhaust and evaporative emission control equipment on motor vehicles. The Agency is in the process of developing the minimum criteria for enhanced I/M programs. The types of control measures being considered include anti-tampering inspections or canister purge and fuel tank pressure checks for evaporative emissions, and also an idle test or an "IM240" (a comprehensive emission test) for exhaust emissions. Mobile4.1 will be capable of modeling the emissions effects of enhanced I/M. Enhanced I/M, while not formally a part of Mobile4.1, has been discussed at all Mobile4.1 workshops. The criteria for the enhanced I/M program are expected to be defined and made available by July, 1991, at which time they will be placed in the public docket of this rulemaking. The Agency proposes to include the impacts of enhanced I/M programs on baseline emission projections since enhanced I/M programs will be in place when requirements for reformulated gasoline take effect. To bracket the potential impact of enhanced I/M, EPA has used two different I/M program scenarios in deriving estimates of toxic, VOC, and NOx emissions from baseline gasoline. These enhanced I/M scenarios represent two extremes with regard to the impact of enhanced I/M on the composition of reformulated gasolines. Under the first enhanced I/M scenario (referred to hereafter as the low evaporative or "low evap" case), the program is assumed to include canister purge and fuel tank pressure checks for evaporative and running loss emissions. For exhaust, it would require an IM240 test, with a stringent cut- point (the emission level above which a vehicle fails the test) for exhaust hydrocarbons. Under this scenario, 98 percent of the vehicle population would undergo inspections, and waivers would be granted for 2 percent of the inspected vehicles. Also, it is assumed that inspections would be performed on an annual basis. Under the second scenario, the "high evap" case, only an anti-tampering inspection would be required for evaporative and running loss emissions. Exhaust emissions would be assessed by an idle test, which is a simpler test than the IM240 test. Under this scenario, 95 percent of the vehicle population will undergo inspections, and waivers would be granted for 5 percent of inspected vehicles. As under the first scenario, inspections are assumed to be performed on an annual basis. The primary reason for including enhanced I/M benefits in the reformulated gasoline baseline is to focus the determination of reformulated gasoline's potential benefits on the sources of emissions that would remain after enhanced I/M programs are in place. The effect of including enhanced I/M would be to change the baseline ratio of exhaust to non-exhaust emissions, which could affect the types of fuel reformulations which are most cost effective. As will be seen in the next section, however, the definition of enhanced I/M is unlikely to significantly affect gasoline reformulation. This is true because the evaporative fraction is expected to continue to dominate overall emissions for both the high and low evap cases, and, consequently, volatility control will continue to be one of the major means of controlling total VOC emissions. Comments regarding the impacts of I/M programs on baseline emissions modeling are solicited. EPA also encourages interested parties to participate in the public process of developing enhanced I/M measures and to express their views regarding the impact of these programs on gasoline reformulations. 5. Projected Baseline VOC Emissions Assuming the above proposals for 1990 model year vehicles, in-use emissions and, Stage II refueling controls, and using Mobile4.0 and projected Mobile4.1 emission factors EPA estimates the Class C (with diurnal temperatures of 72- 96 degrees F) VOC baseline emissions as follows: Mobile4.1 Low High Model: Enhanced I/ evap evap M Scenario Mobile4.0 VOC VOC Exhaust (g/mi) 0.71 0.50 0.58 Hot Soak/Diurnal 0.25 0.25 0.81 Running Loss 0.53 0.22 0.53 Refueling 0.07 0.07 0.07 Total VOCs (g/mi) 1.56 1.04 1.99 For both baseline and standard-setting purposes, VOC emissions are proposed to include all oxygenated and non-oxygenated hydrocarbons and to exclude methane and ethane because of the low reactivity of these compounds. 6. Baseline Toxic Emissions As noted above, VOCs include all oxygenated and non-oxygenated hydrocarbons except for the simple compounds methane and ethane. All five of the toxic air pollutants whose emissions will be controlled through reformulated gasoline: Benzene, 1,3-butadiene, polycyclic organic matter (POM), formaldehyde, and acetaldehyde, also fall under the category of VOCs. Benzene, an aromatic compound, is a natural component of gasoline and, as such, is present in gasoline vapor emissions. Benzene is also formed from other aromatics during the combustion process and is emitted as exhaust. The four other toxic air pollutants subject to control by reformulated gasoline are solely products of combustion. Under high ozone conditions, all five toxics are present in exhaust emissions, and only benzene is present in evaporative, running loss and refueling emissions (non-exhaust emissions). EPA proposes to regulate aggregate toxics emissions based on exhaust and non-exhaust emissions during this period. Under non-high ozone or winter conditions, on the other hand, EPA believes that non-exhaust VOC emissions will be very small relative to exhaust VOC emissions, making non-exhaust benzene emissions very small as well. EFA therefore proposes to consider non-exhaust toxic emissions to be negligible outside of the high ozone season and to regulate aggregate toxics emissions based on total exhaust emissions during this period. EPA requests comments on this approach to toxics regulation. a. Proposed Exhaust Benzene. In the following section C, several correlations relating fuel parameters to emissions of toxic compounds are described. The first of these correlations, described further in section C.1, relates the benzene fraction of exhaust emissions to the levels of fuel benzene and aromatics. Under this correlation, the weight percent of benzene in exhaust non-methane/non-ethane emissions is equal to: 1.077 + 0.9441*(Bz) + 0.1133 x (Arom-Bz) where Bz is the volume percent of fuel benzene and Arom is the volume percent of fuel aromatics. EPA proposes that this correlation also be used to establish the level of benzene exhaust emissions from the baseline gasoline and welcomes comments. As the summer baseline gasoline contains 1.53 and 32 volume percent benzene and aromatics, respectively, the proposed benzene weight fraction of exhaust VOC emissions would be 0.0597. For the winter baseline gasoline described in section III.A.1 above, the analogous figure is 0.0542. b. Non-exhaust Benzene. i. Evaporative (Hot Soak and Diurnal) Benzene Emissions. Evaporative benzene emissions from a given vehicle are primarily a function of fuel benzene content, temperature, RVP and MTBE content. The MTBE effect is not a function of its oxygen content, but is a function of its chemical interaction with the other liquid compounds of the fuel. Data showing this effect is only available for MTBE at this time. Other ethers may show similar effects. Alcohols do not show this effect. Since hot soak emissions (evaporative emissions from a warm vehicle after it has been running) occur at higher temperatures that diurnal emissions (evaporative emissions from a sitting vehicle as the daily ambient temperatures rise and fall), the benzene fraction of hot-soak VOC emissions tends to be higher for a given fuel than that for diurnal VOC emissions. Evaporative benzene emissions also appear to be a strong function of the condition of the vehicle's evaporative emission control system, with the benzene fraction of evaporative VOC emissions being higher for those vehicles with properly operating systems and low VOC emissions (those likely to "pass" EPA's purge and pressure tests) and lower for those vehicles with inoperative systems and higher VOC emissions (those likely to "fail" EPA's purge and pressure tests). EPA assumes that the benzene fraction of both hot-soak and diurnal emissions for "pass" vehicles be based on the percentage of benzene in the fuel. This benzene fraction estimate is nearly equivalent to data submitted by ARCO (L.A. Rapp to R. Rykowski, May 15, 1991) and :somewhat lower than the Auto/Oil test results. The Auto/Oil test results show benzene to be 2.0 and 3.9 percent of hot-soak and diurnal VOC emissions for an industry average fuel which has the same benzene content and RVP as the summer CAA baseline fuel. For "fail" vehicles, EPA chooses to use the General Motors' tank vapor emissions model (which has been confirmed by both tank vapor data and similar models developed by CRC and EPA) for representative tank temperatures. For CAA baseline fuel, the benzene fractions of hot-soak and diurnal emissions are 1.143 and 1.033 percent, respectively. ii. Running Loss Benzene Emissions. Fractions of vaporous emissions of benzene from an operating vehicle (benzene running loss emissions) were also determined in the Auto/Oil program, although only two vehicles were tested for running loss emissions. These measurements varied widely, as may be expected for well-maintained vehicles like these with very low running losses. The great majority of in-use running loss emissions come from vehicles which fail EPA's purge or pressure tests. For the baseline levels of benzene running loss emissions, therefore, EPA proposes the use of General Motors' tank vapor emissions model described above for a representative tank temperature rise for both "pass" and "fail" vehicles. The result of using that model for running losses is a benzene fraction of running loss VOC emissions of 1.140. EPA requests comments and any additional data which may be available concerning the use of these figures for baseline fuel toxic emissions. iii. Refueling Benzene Emissions. Projections relating fuel benzene levels to the weight percent of benzene in refueling emissions have been estimated using EPA, American Petroleum Institute (API), and General Motors (GM) tank vapor emissions models. These three models project very similar values and have been shown to be consistent with available data. The GM model is the most sophisticated scientifically, so EPA proposes its use here. Using this model, EPA finds the benzene fraction of refueling VOC emissions for the baseline gasoline is 1.057 percent. EPA requests comments and any additional data which may be available concerning the use of this figure for baseline fuel toxic emissions. c. Formaldehyde, Acetaldehyde, and 1,3-Butadiene Emissions. The Auto/Oil test results on formaldehyde, acetaldehyde and 1,3-butadiene emissions due to the industry-average fuel can be applied directly to the reformulated gasoline baseline summer gasoline, since, as discussed above, the industry- average fuel fits the specifications of summer baseline gasoline. From that data EPA has calculated that the exhaust fractions of 1,3-butadiene, formaldehyde, and acetaldehyde are, respectively, 0.56, 1.25, and 0.89 weight percent of exhaust VOC emissions. EPA proposes the use of these fractions, applied to levels of summer baseline exhaust VOC emissions, to determine levels of summer baseline aldehydes and 1,3-butadiene. For the winter baseline fuel, EPA proposes to use the correlations proposed in section C below. These correlations, also based on Auto/Oil test results, quantify the effects of fuel aromatics, MTBE, olefins, and T90 on each toxic's fraction of VOC exhaust emissions. Given the specification of winter baseline fuel described above, the correlations project that 1,3-butadiene, formaldehyde and acetaldehyde represent 0.64, 1.39, and 0.98 weight percent of exhaust VOC emissions, respectively. Future Auto/Oil data, as well as other data, will be considered in estimating the effects of other oxygenates. d. Baseline Toxics Emission Projection. Based on the toxic pollutant fractions and correlations proposed above in section III.A.6, and using the VOC emission breakdowns derived above in section III.A.5, the following table lists EPA's estimated toxic emissions (mg per mile) from baseline vehicles when using summer baseline gasolines as they vary with the different options regarding use of EPA's Mobile model, low or high evap scenarios for enhanced I/M programs, and assuming Class C area temperatures. Mobile4.1 Model: Enhanced I/M Low High scenario Mobile4.0 evap evap Exhaust benzene (mg/mi) 42.40 29.87 34.65 Evaporative benzene 2.86 2.76 8.97 Running loss benzene 6.05 2.51 6.05 Refueling benzene 0.74 0.74 0.74 1,3-butadiene 2.77 2.78 3.22 Formaldehyde 5.75 6.28 7.28 Acetaldehyde 4.05 4.46 5.17 Polycyclic organics 1.40 1.40 1.40 Total toxics (mg/mi) 65.93 50.79 67.49 For winter baseline gasoline, toxic emissions are estimated to be as follows: Mobile4.1 Model: Enhanced I/M Low High scenario Mobile4.0 evap evap Exhaust benzene 51.06 35.96 41.73 1,3-butadiene 6.06 4.27 4.95 Formaldehyde 13.12 9.24 10.72 Acetaldehyde 9.24 6.51 7.56 Polycyclic organics 1.40 1.40 1.40 Total toxics (mg/mi) 81.48 57.38 66.36 B. Impacts of Fuel Parameters on NOx and VOC Emissions Having developed emission estimates for the baseline fuel, it is now necessary to determine how changes in the baseline fuel parameters will affect emissions, in order to evaluate the performance of the formula fuel, the performance of candidate reformulated gasolines, and the achievability of greater emissions. EPA presents two alternative proposals for predicting the emission impacts of changing fuel parameters by applying existing data to an emissions model. Under the first option, a simple model would be developed which includes only the effects of fuel benzene and aromatics levels on benzene emissions, RVP on non-exhaust VOC emissions, and oxygen and aromatics on exhaust VOC emissions, and oxygenates on emissions of aldehydes. A large amount of data is available on these fuel parameters and emission impacts, so that a model can be developed which predicts these effects of these parameters with a high degree of certainty. They are also the most likely fuel parameters to be changed in gasoline reformulations. Under the second option, a more comprehensive, more complex model would be developed that includes additional parameters, such as fuel sulfur and olefin levels and distillation points, whose emissions effects are less well known. The advantage of a more comprehensive model is that it would provide fuel producers with more ways of reformulating gasoline that could still be certified using a model instead of through more costly testing. On the other hand, adding fuel parameters could impose an added burden on some refiners, since any modeling of improvements in fuel characteristics to show reduced emissions would have to be accompanied by the modeling of increased emissions due to a worsening of those same fuel characteristics. Because roughly half of all gasolines have characteristics that are above an average value while the other half are below, for each fuel parameter roughly half of all refiners would need to make improvements simply to match the characteristics of the baseline gasoline. In addition, with the more comprehensive model, there is less certainty whether specific changes to the parameters actually produce the projected effect and less confidence that the emission reduction goals of the Act are being met. This option would also require a more complex and demanding enforcement mechanism. For use under either option, there is a variety of data available from different sources regarding the emission effects of changes in fuel parameters. Recently published results from the Auto/Oil research study constitute much of that data, and, in particular, provide the bulk of additional data that would be used in a more comprehensive model under the second option. The Auto/Oil tests used, as their baseline, a gasoline that meets the specifications of the CAA baseline summer gasoline, and because most of the Auto/Oil tests were performed on 1990 model year vehicles or vehicles with comparable relevant technology, the data resulting from these tests is relevant for potential inclusion in EPA's certification emissions model for baseline, formula, and reformulated gasolines. On the other hand, the Auto/ Oil test program used only ten vehicles, all low emitters, and thus would not fit the requirements of EPA's testing protocol described below in section V. Another important data source is EPA's Emission Factor (EF) database, which contains a substantial amount of data on oxygen and emissions. Other data is also available and will be described, along with Auto/Oil test results and EPA EF data, in the following paragraphs. While most test programs have been performed on well-maintained vehicles, the actual condition of vehicles on the road could have a strong influence on the in-use emission effects that will result from changes in fuel composition. Exhaust VOC emissions effects, particularly those which influence the effectiveness of the vehicle's catalyst, will likely vary between vehicles with low, high, and super high (high-high) exhaust emissions (low, high and super high emitting vehicles are described further in Section V of this notice). VOC evaporative and running losses, subject to the condition of the canister, are most likely to be accurately estimated by using different fuel factors for "pass" vehicles (those capable of passing evaporative emission tests) or "fail" vehicles, and weighing these factors according to the fleet percentage of these vehicle types. Because Mobile4.1 considers the above-mentioned vehicle emitter classes separately based on their emission rates, EPA proposes using, to the extent that they are available, separate exhaust, evaporative, and running loss emission effects for each emitter subclass. These effects will be weighted by vehicle type and incorporated into a single model projecting the effect of fuel parameters on total VOC emissions. The procedure for incorporating emission effects into a model will be consistent with the assumptions made concerning Stage II and enhanced I/M programs in estimating baseline emissions. 1. NOx and VOC Exhaust Emissions The Auto/Oil test results suggest both NOx and VOC emissions to be affected by a fuel's oxygen, sulfur, aromatics, and olefin levels and by its T90 percent distillation point (T90). NOx emissions may be reduced through higher aromatics, lower olefins, lower oxygen, lower sulfur, and higher T90, while VOC emissions may be reduced through lower aromatics, higher olefins, higher oxygen, lower sulfur, and lower T90. Some of these oxygen and aromatics effects are corroborated by other test data and could be applied to a simple model, while other correlations go beyond the RVP, oxygen, aromatics, and benzene effects proposed for a simple model, but could be included under the second option of a comprehensive emissions model as described above. Based on the Auto/Oil mean emission results, the correlations between these fuel parameters and VOC and NOx emissions can be characterized as follows: VOC exhaust (g/mi)=Baseline VOC exhaust+[1-(0.0060)x(32+Arom)]+[1- (0.010)+(Oxygen)]+[1-(0.0038)+(330-T90)]+[1-(0.00042)+(339-Sulfur)]; NOx exhaust (g/mi)=Baseline NOx emissions+[1+(0.00047)+(32+Arom)]+[1+(0.0088)+(Oxygen)]+[1-(0.0049)x(9.2- Olefins)]+[1+ (0.00047)x(330-T90)]+[1-(0.00030)+(339-Sulfur)]. Arom, Oxygen, Olefins, T90, and Sulfur refer, respectively, to the fuel volume percent aromatics, weight percent oxygen, volume percent olefins, T90 in degrees F, and sulfur content in parts per million. The above characterization will be explained further in the Regulatory Impact Analysis supporting this rulemaking which, as noted below, will be available at a later date. In addition to data from the Auto/Oil study, a substantial amount of data on VOC and NOx emissions at different oxygen levels is available as part of EPA's Emission Factor (EF) database. There is a great deal of data available which relates fuel oxygen to exhaust emissions. Still, not many fuel oxygenate levels have actually been tested. Most emission measurements were performed with MTBE at 2.7 weight percent oxygen or with ethanol at 3.5 weight percent oxygen, so some questions remain regarding whether emissions are a function of the oxygen level (weight percent) regardless of oxygenate type or of the oxygenate type and level (volume percent). There is also some speculation regarding the shape of the "curve" describing the relationship between either oxygen or oxygenate level and emissions. The Agency requests comments regarding the quantification of NOx and VOC emission effects due to fuel oxygen or oxygenate levels. The Agency requests comments on whether different oxygenates should be assessed differently for their effects on VOC and NOx emissions. Comments are also requested regarding the treatment, in a modeling approach, of oxygenates which were not included in EPA's EF or in Auto/Oil testing programs. Olefins, the familiar name for double-bonded hydrocarbon molecules, are among the most reactive compounds that are emitted by motor vehicles, combining very quickly with NOx in the presence of sunlight to form ozone. As projected by Auto/Oil data, decreasing a fuel's olefin content will result in both decreased olefin emissions and decreased NOx emissions, contributing thereby to reduced ozone formation. (While disagreements exist as to the precise ratio of olefin reactivity to typical VOC reactivity, all estimates show olefins to be substantially more reactive.) However, Auto/Oil data also indicates that the mass of exhaust VOC emissions is actually increased by decreasing levels of fuel olefins. Inclusion of this relationship in the VOC emission model would encourage high fuel olefin levels that could cause more, rather than less, ozone formation than the baseline fuel causes, or that would reduce ozone formation less than reformulated gasoline with low olefin levels does. EPA is considering including the emissions effect of olefins in the comprehensive option for a NOx emission model, but excluding it from the exhaust VOC emission model in order to avoid this inappropriate incentive. The Agency welcomes comments on this matter. Aside from such fuel parameters as olefins, whose inclusion in a certification model for VOC emissions would result in undesirable environmental impacts, EPA believes that, under the option of a comprehensive emissions model as described at the beginning of this section, all fuel parameters whose emissions effects can be reliably substantiated in time to be included in the reformulated gasoline rulemaking should be included in the derivation of the certification emissions model. In order to be reliably substantiated, EPA would have to be confident that the effect of a parameter was known for both low and high emitting vehicle types, or, if known for one type, that the results could be extrapolated for the other. EPA would also need to be confident that the emission effect was induced due to the specified parameter, and that the effect was independent of other fuel parameters or that its interaction with other parameters was known. The Agency would consider using current and future Auto/Oil data to model the effects of aromatics, olefins, oxygen, sulfur, and T90 on exhaust VOC and NOx emissions, and is also including EPA's EF data, along with Auto/Oil data, to model the effects of aromatics and oxygen. Under the first option of a simple model, the effects of olefins, sulfur, and T90 would be excluded, leaving only the effects of oxygen and aromatics. EPA is very interested in receiving comments on the impacts of fuel parameters on NOx and VOC exhaust emissions, and is especially interested in comments on the inclusion of these impacts in its certification emissions model. As the Agency finds that the fuel effects of additional parameters can be reliably substantiated, it will issue notices thereof. In order to provide some indication of the types of reformulated gasolines which could be certified under the modeling approach being proposed today the proposed regulations assume adoption of the second, more comprehensive option for the model (i.e., including all of the correlations (except for the effect of olefins on exhaust VOCs) that were developed from the Auto/Oil test results for low-emitting vehicles and applying them to all vehicles). 2. Evaporative, Running Loss and Refueling VOC Emissions The effects of fuel volatility (RVP) on evaporative, running loss, and refueling emissions are well characterized for Class C area summertime conditions within a volatility range of 7.8 to 11.5 psi and for Class B summer conditions between 7.0 and 10.5 psi. EPA proposes using its Mobile4.1 emissions model (which will address the effect of RVP under such conditions) to evaluate evaporative, running loss, and refueling emissions due to changes in gasoline RVP. As Mobile4.1 is not yet available, all projections made below utilize the effect of RVP on non-exhaust VOC emissions as projected by Mobile4.0. The Agency welcomes comments and information regarding the effects of volatility and other fuel parameters on nonexhaust emissions. C. Impacts of Fuel Parameters on Toxic Emissions As in the above section B on the Impacts of Fuel Parameters on NOx and VOC Emissions, the Agency is considering two options for predicting the impacts of fuel parameters on toxic emissions which are analogous to those for exhaust VOC emissions. The first is a simple model that includes the effects of fuel benzene, aromatics, oxygen, and RVP on toxic emissions. The second is of a more comprehensive model that also accounts for the impacts of other fuel parameters like sulfur content, olefins, and distillation points on toxics. 1. Exhaust Benzene Emissions Exhaust benzene emissions can be affected by fuel modifications in two basic ways. Some fuel effects will change the fraction of benzene in the exhaust, regardless of the total VOC mass that is emitted as exhaust. For instance, increasing or decreasing the levels of benzene in a fuel will lead to a direct increase or decrease in the benzene fraction of exhaust emissions. Moreover, changes in the level of benzene precursors (primarily nonbenzene aromatics) will affect the amount of benzene that is produced during combustion, also changing the benzene fraction of exhaust VOC emissions. Second, fuel modifications can affect the overall level of exhaust VOC emissions by affecting the efficiency of the engine in burning hydrocarbons or by affecting catalyst efficiency. In these cases, the benzene fraction of exhaust VOC emissions may stay relatively constant and benzene exhaust emissions will change proportionally with exhaust VOC emissions. Of course, some fuel modifications can produce a combination of these two effects. EPA proposes to analyze the effect of fuel modifications on exhaust toxic emissions by separating the two types of effects described above. This applies, not only to benzene, but to all five toxic air pollutants. With this approach, fuel modifications which change the level of VOC exhaust emissions can be considered to change the levels of toxic exhaust emissions proportionally. With respect to the effects of fuel modifications on the benzene fraction of exhaust VOC emissions, both fuel benzene and fuel aromatics appear to be the primary factors. A recent correlation developed by Chevron used the results of three studies (described in the Regulatory Impact Analysis) to relate fuel benzene and aromatics to exhaust benzene and characterizes the weight percent of benzene in exhaust VOC (nonmethane/nonethane) emissions as equal to: 1.077+0.9441x(Bz)+0.1133x(Arom-Bz) where Bz is the volume percent of fuel benzene and Arom is the volume percent of fuel aromatics. Because a sizeable amount of data went into these three studies, and because their results were all very similar, EPA proposes the use of this correlation for both summer and winter fuels and welcomes new information or suggestions regarding the effects of varying fuel parameters on exhaust benzene emissions. 2. Nonexhaust Benzene Emissions Benzene is the only toxic air pollutant that is emitted in measurable quantities from evaporative, running loss and refueling vapors. Reductions in fuel benzene may be expected to result in reductions in benzene emissions from all of these nonexhaust emission sources. The Agency proposes including this proportional effect of fuel benzene in nonexhaust benzene emissions in the emissions model. In addition to fuel benzene content, two other fuel parameters--RVP and MTBE, can also reduce nonexhaust benzene emissions. Reducing RVP reduces evaporative and running loss VOC emissions, since lower vapor pressure leads to lower emission levels of all pollutants, even if the fuel benzene level and the benzene vapor pressure remain constant. However, this effect is not proportional, meaning that benzene emissions will decrease less than one percent for every one percent decrease in VOC emissions. The effect of MTBE is more unusual. The presence of MTBE appears to depress benzene vapor pressure despite no change in fuel benzene content. This effect has been confirmed both by tank vapor data and the GM tank vapor model referred to above. EPA is considering alternative proposals for modeling the effects of RVP and MTBE on evaporative and running loss benzene emissions. Under the first option, EPA would utilize GM's tank vapor model to predict the effects of RVP and MTBE on tank benzene vapor emissions from both "pass" and "fail" vehicles. This model predicts that the benzene weight percent of hot soak VOC emissions for a fuel is described by the following relationship: Bzx(1.4448-0.080274(RVP) -(0.0342)x(OX)) where Bz is the volume percent benzene, RVP is in psi and Ox is the weight fraction oxygen in the form of MTBE. Similarly, the benzene weight percent of diurnal VOC emissions is: Bzx(1.3758-0.080274(RVP) -(0.0289)x(Ox)). Since additional data on the effects of RVP and MTBE on nonexhaust benzene emissions from both "pass" and "fail" vehicles will become available through future Auto/Oil testing, the second option would include the results of this future data to model nonexhaust benzene emissions in the certification model. The Agency welcomes comments and data on the relationships between fuel volatility and oxygenate on benzene emissions and between overall nonexhaust VOC emissions and benzene emissions. 3. Nonbenzene Toxic Emissions a. 1,3 Butadiene, Formaldehyde, and Acetaldehyde Emissions Effects. Available data vary regarding the effects of fuel parameters on 1,3- butadiene, formaldehyde, and acetaldehyde emissions. Under the first option of a simple, well-substantiated model, the Agency proposes to include the effects of fuel oxygen content on acetaldehyde and formaldehyde, both of which are oxygen-containing toxic air pollutants, since a substantial amount of collaborative data exists regarding these relationships, while the effects of other fuel parameters on formaldehyde and acetaldehyde emissions and the effects of oxygen on 1,3-butadiene display a range of varying and unpredictable results. Under the second comprehensive model option, the Agency proposes including the results of the Auto/Oil test program showing the effects of fuel aromatics, olefins, T90, and MTBE on these three toxics, as they have been included for other VOC and toxic emissions. Just as lower emissions of total exhaust VOCs will result in lower exhaust benzene emissions, so will they result in lower exhaust emissions of 1,3- butadiene, formaldehyde, and acetaldehyde. EPA proposes that other fuel modifications which reduce VOC exhaust emissions, such as higher oxygen levels or, under the second option, lower sulfur content, be assumed to reduce all toxic exhaust emissions proportionately. Additional Auto/Oil data will be available soon which quantifies the effects of ETBE and ethanol on 1,3-butadiene, formaldehyde, and acetaldehyde. EPA proposes to use this and all other available data to determine the effect of fuel modifications on these three toxic emissions, and would consider applying the results of this determination in the certification model, under the comprehensive model option, just as previously available Auto/Oil results have been proposed for that option. EPA welcomes comments on this approach and requests that any data showing the effect of fuel parameters that effect emissions of 1,3-butadiene, formaldehyde, or acetaldehyde be submitted. b. POM Emissions. Exhaust polycyclic organics (POMs) include a number of different toxic compounds, mostly high molecular weight aromatics. There is no data quantifying the impacts of gasoline reformulations on POM emissions. At the present time, there are no widely accepted test procedures for measuring POM in both the gaseous and particulate phases. In addition, they constitute a very small fraction of total toxic emissions (less than 2 percent). For these reasons, the Agency proposes that the emissions model contain no effects on POM emissions. Comments are welcome on this proposal. EPA also encourages comments on whether it would be more technically correct to treat POMs as a constant percentage of exhaust VOC emissions or as a constant value (in mg per mile). D. Proposed Emission Standards The final step in this analysis is to determine the appropriate levels of the VOC and toxic emissions standards that gasoline must meet in order to be certified as reformulated. As described earlier, section 211(k)(1) provides that gasoline is to be reformulated to yield the greatest achievable reductions in VOCs and toxic emissions, considering cost, energy, health and environmental impacts. Section 211(k)(3) provides that reformulated gasoline be required to comply with VOC and toxic emission standards determined by comparing the emissions performance of a specified formula fuel with specified performance standards. If the formula fuel achieves emissions reductions greater than the performance standards require, then the reductions achieved by the formula fuel become the standard; otherwise the performance standards apply. This determination is to be done separately for VOCs and toxics, so that the formula fuel may determine the standard for one of the pollutants and the performance standard may apply to the other. A fundamental issue of statutory construction is raised by the section 211(k) provisions regarding VOC and toxic emission standards. On the one hand, section 211(k)(1) calls for standards that require the greatest achievable reductions, considering specified factors. On the otherhand, section 211(k)(3) specifies VOC and toxic emission reductions that reformulated gasoline must achieve. Nothing in the language of section 211 or the Act addresses how these two provisions interrelate. The legislative history of section 211(k) does not definitively address the issue, either. One rule of statutory construction is that the specific governs the general. Application of that rule here would appear to mean that section 212(k)(3) determines the applicable reduction requirements. However, another rule of statutory construction is that every word of a statute is to be given effect; put another way, a statute should not be interpreted in a way that renders a word or provision superfluous. Applying this rule would seem to mean that section 211(k)(3) does not by itself determine the VOC and toxics standards, because such an interpretation would render the provision of section 211(k)(1), for standards requiring the greatest achievable reduction, meaningless. A corollary of this rule is that statutory provisions are to read together in a way that gives all of them effect. A possible reading of section 21l(k)(1) together with section 211(k)(3) is that the latter provision establishes minimum reduction requirements that reformulated gasoline must meet, while the former authorizes EPA to set more stringent standards if it finds such standards achievable in light of the specified factors. Another rule of construction that must be considered is that statutory provisions are to be interpreted in a manner consistent with Congress' purpose and policy in enacting the provisions. In the section below, EPA considers two alternative interpretations of the statutory provisions with regard to the VOC and toxic emissions standards: (1) Section 211(k)(3) establishes minimum standards that may be tightened pursuant to section 211(k)(1); or (2) section 211(k)(3) governs what standards apply. In any event, the first step in determining the required emission reductions is to determine the emission performance of the formula fuel relative to baseline emissions. For that determination to be made, the rest of the formula fuel's formula must be considered, since that statute only specified some of the fuel's parameters. 1. Definition of Formula Fuel As described above in section II.F, the formula fuel is defined in the Act as containing: --No more than 1.0 volume percent benzene, --No more than 25 volume percent aromatics, --At least 2.0 weight percent oxygen, --No lead, and --Additives to prevent the accumulation of deposits in engines or vehicle fuel supply systems. The Act is silent regarding other parameters that have been defined for baseline gasoline--sulfur, Reid Vapor Pressure (RVP), octane (R+M/2), distillation points, API gravity, olefins, and saturates. EPA proposes that, where a compositional characteristic is not specified for the formula fuel, its characteristic will be that specified for the baseline gasoline, in order that any emission reductions result from only the stated parameters, free of the many and varying influences that other gasoline properties may have on emissions. The Agency welcomes comments on specifications for the undefined components of the formula fuel. 2. VOC Emission Performance of Formula Fuel Relative to Baseline Gasoline: Summer Based on the impacts of fuel parameters on NOx, VOC, and toxic emissions discussed above in sections B and C, EPA estimates that exhaust VOC emissions are reduced between 2 and 11 percent from gasoline containing 2.0 weight percent oxygen in the form of MTBE (versus zero oxygen). The lower end of the range results from using Auto/Oil-determined MTBE effects and the upper end from using EPA-determined MTBE effects. Lower fuel benzene will only affect VOC exhaust emissions through its effect on total fuel aromatics, which is defined as 25 volume percent for the formula fuel. Lowering total fuel aromatics from 32 to 25 volume percent. will reduce exhaust VOC emissions slightly, based on Auto/oil test results. With regard to evaporative, running loss, and refueling VOC emissions, with constant fuel RVP, changes in benzene, oxygen, and aromatics content are not expected to have any effect. Thus, with a maximum reduction in exhaust VOC emissions of 2 to 11 percent and no change in the other VOC emissions, the reduction in total VOC emissions from the formula fuel relative to baseline gasoline is less than the 15 percent standard to which the Act defaults. Accordingly, the minimum VOC emissions performance standard for reformulated gasoline is a 15 percent reduction relative to baseline gasoline. 3. Class B VOC Emission Reduction Standard The volatility of gasoline, as measured by its Reid Vapor Pressure (RVP), is a major factor in the level of diurnal/hot soak, running loss, and refueling vapors emitted from vehicles. The warmer the temperature, the greater the contribution of RVP to high levels of these VOC emissions. EPA's Phase II volatility regulations (40 CFR part 80, 55 FR 23659, June 11, 1990) address the impact of gasoline volatility on ozone-forming emissions by limiting RVP to no greater than 9.0 psi in gasoline sold nationwide from May 1 through September 15. In addition, the RVP of gasoline sold in ozone nonattainment areas in those 23 southern states having the highest evaporative VOC emission levels (EPA Class A and B areas) may not exceed 7.8 psi from June 1 through September 15. These Phase II regulations will take effect May 1, 1992. Of the mandated nine areas in which only reformulated gasoline may be sold, Los Angeles, Houston, San Diego, and Baltimore are Class B areas and represent 45 percent of the total population in the nine areas. The extent to which reformulated gasoline will be an effective ozone control measure in these four covered areas will depend largely on the VOC emission reduction standard applicable to reformulated gasoline sold in these areas. As determined above in section D.2, the more stringent of the two alternative requirements laid out in section 211(k)(3) of the Act for VOC control is the minimum 15 percent reduction relative to emissions attributable to the baseline fuel. While the summertime baseline fuel has a specified RVP of 8.7 psi, gasoline sold in Class B ozone nonattainment areas during the summer will have a maximum RVP of 7.8 psi beginning in 1992. Reducing RVP from 8.7 to 7.8 is expected to result, with no other changes being made to the gasoline, in a 15 percent reduction in VOC emissions. Consequently, if reformulated gasoline achieves no more than a 15 percent VOC reduction relative to baseline fuel, it will achieve no more VOC reductions in Class B areas than the conventional gasoline that had already been sold in those areas for over two years. Today's notice lays out two alternative approaches to VOC standards, which incorporate four options. The first approach is premised on a reading of the statute as providing no more than a 15 percent emission reduction over the baseline gasoline. Under this approach, the Agency proposes an option that would require a 15 percent reduction in VOC emissions relative to baseline emissions during the high ozone season in all covered areas. The second approach is premised on the view that it would be inconsistent with the scope and intent of the reformulated gasoline program to apply a VOC standard that requires no more than a 15 percent reduction over baseline fuel. That the principal purpose of the reformulated gasoline program is to reduce ozone is clear from its scope. The program applies in the nine worst ozone nonattainment areas in the country and, at states' option, all other ozone nonattainment areas as well. It is not available to areas not in ozone nonattainment. According to this view section 211(k) authorizes a VOC reduction standard that achieves additional ozone reduction benefits for southern ozone nonattainment areas, including four of the nine worst ozone nonattainment areas. To ensure environmental benefits in all covered areas, the second approach would require that reformulated gasoline sold in Class C covered areas achieve VOC reductions of 15 percent over baseline fuel and that reformulated gasoline sold in Class B covered areas achieve more than 15 percent reduction in VOC emissions relative to baseline fuel. Specifically, the Agency proposes that, under one option, the VOC standard for gasoline sold in Class B covered areas would be a 30 percent reduction over baseline fuel, or equivalent to a 15 percent reduction beyond the VOC emissions benefits already achieved by Phase II volatility control. A second set of options would require Class B areas to use the Clean Air Act performance standards for the year 2000 for VOC emissions control. For 2000, the Act specifies a 25 percent reduction standard, which could be adjusted down to a minimum of 20 percent (section II.C), relative to the baseline emissions. EPA projects that an RVP reduction down to 7.1-7.2 psi, along with the formula fuel specifications, will achieve a 30 percent reduction in VOC emissions, relative to the baseline gasoline. EPA estimates that it is both technically feasible and cost effective to achieve a more stringent standard for VOC emission control in Class B areas and would have beneficial effects on health and the environment. (Cost and cost effectiveness estimates are still being developed. When these are completed, EPA will place them in the Docket, announce them in the Federal Register, and make them available, by mail, to parties interested in receiving them.) Because a 15 percent standard does achieve a substantial reduction in tons of VOCs in Class C covered areas, EPA would not consider a more stringent VOC standard to be appropriate for Class C areas. EPA requests comments on all options for VOC emission standards in Class B and Class C areas. Under the approach requiring more stringent VOC standards for Class B areas, there are three possible sub-options regarding the period over which the Class B VOC standard would apply. Under the first sub-option, and for ease of enforcement, a Class B VOC emission standard would be in effect over the entire high ozone season, as it is defined for reformulated gasoline. Under the second sub-option, and in order to be consistent with Phase II volatility control, the Class B VOC emission standard would apply from June 1 through September 30, when the Phase II 7.8 psi requirements apply, while a 15 percent standard would apply during the remainder of the high ozone season. While Phase II volatility regulations require the strictest levels of RVP control from June through September in all Class B areas, analyses supporting the volatility rule show that, in order to achieve emissions comparable to those of the average Phase I Class C areas using 9.0 RVP gasoline in July, nonattainment areas in many Class B states would actually require RVP controlled below 9.0 during only two or three months. Among the "nine cities", Baltimore is an example where sub-9 RVP control is only required in July. A third sub-option would be to apply the Class B VOC standard, on an area-specific basis, during only those months when RVP levels below 9.0 were found necessary in order to make emissions levels in those Class B nonattainment areas comparable with emission levels in Class C, 9 RVP, areas. A 15 percent VOC reduction would be required during all other months that fall within the high ozone season. The Agency encourages comments regarding the implications of these control season sub-options under the approach requiring a stringent Class B VOC emission standard. 4. Toxic Emission Reductions Due to the Formula Fuel, Relative to Baseline Gasoline: Summer As with ozone season VOCs, section 211(k)(3) sets, as the minimum standard for toxic emissions, a reduction of 15 percent over baseline fuel, or that which is achieved by the formula fuel, whichever is more stringent. The effect of the formula fuel on toxic emissions is more dramatic than its effect on VOCs. Its lower benzene and aromatic contents dramatically reduce both exhaust and nonexhaust benzene emissions. If MTBE is used as an oxygenate, the presence of 11 volume percent MTBE (the quantity needed to meet oxygen level requirements of 2.0 weight percent) has been shown to reduce nonexhaust benzene emissions, as described above in section 3. (For this and following emission estimates, the effects of oxygen have been modeled using MTBE, since Auto/Oil test data for other oxygenates has not yet been released) Based on the emissions effects proposed above, EPA estimates that a reduction in fuel benzene and aromatics to 1.0 and 25 volume percent, respectively, and the addition of 2.0 weight percent oxygen (via MTBE) to gasoline will reduce overall toxic emissions by 15.5-18.8% percent in the summer using a draft version of Mobile4.1 with Stage II refueling controls and a range of potential definitions of enhanced I/M (which have already been described). In the winter, the formula fuel is projected to reduce toxics emissions by 5.5 percent. While these estimates are being proposed as the toxic emission reductions achieved by the formula fuel, the values will likely change somewhat once Mobile4.1 has been finalized in June 1991 and enhanced I/M defined in June or July 1991. The projected effectiveness of the formula fuel in reducing toxic emissions may also be affected by new data received in response to this proposal. If new information warrants a change in the proposed toxic emission effects of the formula fuel, EPA will publish a Federal Register notice announcing the revision and will provide an opportunity for public comment. The Agency does anticipate, in any event, that the toxic emission reduction attributable to the formula fuel will exceed 15 percent, relative to the summer baseline gasoline, and that it will thus set the minimum standard for toxic emission reductions. The Agency has considered whether to apply a more stringent standard than the minimum standard for toxic emission control, as it has considered such an option for VOC control. Preliminary estimates indicate that the measures that would be required of refiners in order to reduce toxic emissions beyond the minimum requirements would be costly and not of great benefit. (The Regulatory Impact Analysis supporting this rulemaking will discuss in greater detail the environmental and economic impacts of reformulated gasoline.) EPA therefore proposes that, for toxics, the required reduction be based on the performance of the formula fuel, as described above. The Agency requests comments on the summer toxic emission standard. 5. NOx Emissions Attributable to the Formula Fuel Relative to the Baseline Summer Gasoline As explained earlier, section 211(k)(2) of the Act requires that NOx emissions from reformulated gasoline be no greater than the level of those emissions from baseline gasoline, but allows EPA to adjust or waive other requirements as needed to prevent the NOx cap from being exceeded. Since the formula fuel determines the toxics reduction requirement, it becomes relevant to determine whether the formula fuel would increase NOx emissions and, if the formula fuel does increase NOx emissions, whether adequate NOx control is technically and affordably achievable by adjusting other fuel parameters, without having to adjust any requirements of this program. An application of the correlation between various fuel parameters and NOx emissions proposed above in section IV.B.1 projects that the oxygen and aromatics content of the formula fuel will together result in an increase in NOx emissions of 2.1%, relative to NOx emissions from the baseline gasoline, assuming, as described above, MTBE as the oxygenate. The proposed correlation further projects that either a reduction in fuel olefins from 9.2 to 5.0 volume percent or a reduction in the sulfur level of gasoline from 339 to 270 will counteract the NOx emission increase due to the formula fuel without increasing either VOC or toxic emissions. Thus, the fact that the formula fuel itself increases NOx emissions does not necessitate that other requirements be changed to permit compliance with the NOx cap. 6. Formula Fuel Emission Projection Using the comprehensive option for a fuel certification emissions model, projections for Mobile4.1, Class C temperatures, and the emission effects proposed for that option in sections B and C above, the following table lists EPA's estimated VOC, NOx, and toxics emissions from baseline summer gasoline under the two enhanced I/M scenarios and from the formula fuel. (As described above in Section 3, oxygen effects have been modeled using MTBE as the oxygenate.) Baseline Formula Baseline Formula low evap w/MTBE hi evap w/MTBE Exhaust (g/m) .50 .47 .58 .54 Hot Soak/Diurnal .25 .25 .81 .81 Running Loss .22 .22 .53 .53 Refueling .07 .07 .07 .07 Total VOCs (g/m) 1.04 1.01 1.99 1.95 NOx (g/m) .930 .949 .930 .949 Exh Benzene (mg/m) 29.87 22.25 34.65 25.81 Evap Benzene 2.76 1.64 8.97 5.34 Running Loss Benz. 2.51 1.49 6.05 3.59 Refueling Benzene .74 .44 .74 .44 1,3-Butadiene 2.78 2.80 3.22 3.25 Formaldehyde 6.28 8.19 7.28 9.50 Acetaldehyde 4.46 4.71 5.17 5.47 POMs 1.40 1.40 1.40 1.40 Total TAPs (mg/m) 50.79 42.93 67.49 54.81 7. Toxic Emission Reductions Due to the Formula Fuel, Relative to Baseline Gasoline: Winter As explained above, the toxic emissions performance of the formula fuel relative to the summer baseline gasoline is higher than the mandated minimum 15 percent reduction. However, EPA estimates that the formula fuel achieves only a 5.5 percent toxics emission reduction relative to the winter baseline gasoline, well less than the minimum 15 percent toxics emission reduction that is required. Using the comprehensive option for a fuel certification emissions model, projections for Mobile4.1, and the emission effects proposed for that option in sections B and C above, the following table lists EPA's estimated VOC, NOx, and toxics emissions from baseline winter gasoline under the two enhanced I/M scenarios and from the formula fuel. (As described above in section 3, oxygen effects have been modeled using MTBE as the oxygenate.) High evap Low evap Enhanced I/M case fuel Baseline Formula Baseline Formula Exhaust VOCs (g/mi) .77 .71 .66 .64 Total VOCs /1/ (g/mi) .77 .71 .66 .64 NOx (g/mi) .930 .947 .930 .947 Exh Benzene (mg/mi) 41.73 35.49 35.96 30.59 1,3-Butadiene 4.95 4.88 4.27 4.20 Formaldehyde 10.72 13.27 9.24 11.43 Acetaldehyde 7.56 7.63 6.51 6.58 POMs 1.40 1.40 1.40 1.40 Total TAPs (mg/mi) 66.36 62.68 57.38 54.20 /1/ This assumes, as described above in section III.A.4, that wintertime evaporative emissions are negligible. There are two alternative proposals for setting the toxic emission standard. Under the first option, the winter toxics standard would default to the 15 percent reduction requirement with the required reductions being measured against the toxic emissions of winter baseline gasoline. The summer standard, on the other hand, would be determined by the performance of the formula fuel, that is, a projected reduction of 15.5-18.8 percent relative to the summer baseline gasoline emissions. Under the second option, the performance of the formula fuel would be averaged for the summer and winter baseline gasolines. The resulting annual average toxic emission reduction, if greater than 15 percent, would become the minimum standard for toxic emission control and would be applied on a year round basis. When averaging the summer and winter performance of the formula fuel based on the length of the season (assuming a high ozone season of five months) or based on the mass of toxic compounds which emitted during the season, the resulting annual average emission reduction of the formula fuel is, in either case, projected to be less than 12 percent. The standard would thus, under this option, default to a minimum 15 percent year round reduction in toxic emissions. Under either option, EPA proposes that the minimum standard apply for winter toxic emission control, as proposed for the summer. The Agency encourages comments regarding the impacts of setting a year round or a seasonal toxic emission standard for reformulated gasoline. IV. Fuel Certification by Modeling To certify a fuel as reformulated, the person refining, blending, or importing the fuel for ultimate sale in a covered area must declare the composition of the fuel and demonstrate to EPA that it meets, not only compositional requirements, but also emission performance standards for VOCs, toxic air pollutants, and NOx. (Section VIII on Reformulated Gasoline Compliance describes procedures by which refiner, blender, or importer would declare a fuel's composition and demonstrate its performance.) There are two possible ways that emissions performance might be demonstrated: By subjecting the fuels to vehicle emission testing or by applying the fuels' compositional specifications to a computer model that predicts vehicle emissions based on varying fuel characteristics. In either case, it will be necessary to declare all of the compositional characteristics of the candidate fuel that are defined for the baseline gasoline (API gravity, octane, distillation points, RVP, and sulfur, olefin, benzene, aromatics, and saturates levels) plus its oxygen level, oxygenate type, and heavy metal content. The Agency believes that demonstrating fuel effects on emissions through testing is likely to be very expensive and time consuming. At the same time, it believes that there is adequate data available on the emissions effects of some fuel parameters to construct a model that could reliably predict the emissions effects of the fuel reformulations involving changes in those parameters. Use of such a model would be vastly cheaper than fuel testing and would generally yield results as reliable as testing would. (See section V for more information regarding variability and other impacts on testing reliability.) For the reasons discussed above, EPA believes that certification by modeling should be an option for refiners, blenders, and importers of reformulated gasoline and encourages comments regarding the advisability of a modeling option for fuel certification. A. Contents of the Model EPA believes that any emissions model must be validated by substantial and reliable test data and proposes that a model option be available which includes the effects of certain fuel parameters on NOx, VOC, and toxics emissions effects. As described above in section III.B, the Agency suggests two options with regard to which fuel parameters would be included in such a model. Under the first option, the model would contain only the more established effects of fuel benzene and aromatics levels on benzene emissions, oxygenates on aldehyde emissions, oxygen and aromatics on exhaust VOC emissions, and fuel volatility on nonexhaust emissions. Under the second option, a more comprehensive model would also include the impacts of fuel sulfur levels and its T90 distillation point, and possible fuel olefin levels. Section III.B also contains a brief discussion of the implications of using one option over the other. Comments on the use of an emissions model for fuel certification and the contents of such a model are encouraged. B. Updating a Model Because of ongoing testing programs which are addressing fuel effects on emissions, and because further emissions effects may be determined based on fuel certification testing, it is likely that any model included in this final rulemaking would need to be updated to account for future findings. (If further findings become available in time to provide adequate public notice and opportunity for comment, EPA will include such findings in any model prior to publishing the final rule.) Afterwards, the model could be changed only through additional rulemakings. The Agency proposes two options for updating a certification model. Under the first option, any fuel certified by a model will be saleable through December 31, 1999 (up until Phase II reformulated gasoline requirements take effect). Once the model has been revised, fuel producers will have a choice of certifying fuels under either the original or the revised model. Under the second option, any fuel certified by a model will be saleable throuqh December 31, 1999, unless that fuel no longer meets the emission standards under an updated model, in which case the fuel would be certified for no more than two years after the updated model becomes effective. While the first option would provide greater flexibility for refiners, the second option would ensure that environmental benefits are met. Under either option, a new model will be developed for Phase II reformulated gasoline, which takes effect in 2000. Comments regarding updating a model and on the impacts of model updates on fuel certifiability are encouraged. V. Certification by Vehicle Testing As discussed above, data with which to develop an emission model is limited for many fuel parameters. As a result, the model described above is not able to incorporate all fuel parameters which may have an impact on emissions. Because of this, EPA is also proposing that a fuel producer be able to certify its candidate fuel through vehicle testing options when the candidate fuel either includes parameters not incorporated in the model or when parameter values fall outside of the modeled ranges. The following sections discuss proposals regarding the general requirements of the vehicle testing options, the emission reduction requirements, the test procedures, the test fleet requirements, the calculational and statistical compliance methodologies, and EPA's verification provisions. A. General Requirements 1. Appropriate Conditions for Testing EPA considers testing to be an important alternative means of fuel certification so that fuel producers have an opportunity to develop more cost effective formulations beyond those allowed by the emissions model. However, testing may not be an appropriate option in all cases. EPA proposes that the testing option be limited to only those situations where the characteristics of the candidate fuel clearly fall outside of the range of fuel parameters and/or their values covered by the model. Without such a constraint, it may, depending on statistical compliance criteria, be possible for a fuel producer to use the statistical variance associated with testing to certify a fuel through the testing option which would fail to be certified under the modeling approach. For example, a fuel that would fail to meet the VOC requirement through the model by a small margin could be tested and potentially pass due to the testing error associated with any vehicle testing program. The range of fuel properties covered by the models is discussed in section IV. In some cases, however, it may be appropriate to permit testing even though the effect of the pertinent fuel parameters are included in the model. This is especially true as it relates to the comprehensive modeling option discussed in section III.B where fuel parameter effects may be included based on limited testing. In this case the amount of testing involved in the fuel certification protocol may be more extensive and thorough than the information that went into developing the model. Thus, there may be comparable or greater confidence in the certification test results than in the model and testing would be an acceptable option. Results from such testing would be very useful to increase the confidence in the effects of a number of the parameters in the model. Comments on the criteria to be used in allowing use of the testing option are requested. 2. Testing Options EPA proposes that the testing option be coordinated with the modeling option such that a fuel producer could certify under the testing option by either testing for all emission types (exhaust, evaporative, running losses, and refueling) or, with the Administrator's approval, testing for only exhaust emissions and modeling the remaining emission types. As discussed above, if a candidate fuel's parameters or their values fall outside of the range covered by the model, then testing is required (unless test data would be more comprehensive than the data supporting the model); if not, then testing is not permitted. EPA proposes that this requirement apply to exhaust and non-exhaust (evaporative, running loss, and refueling) emissions in different ways, since fuel parameters that affect evaporative emissions are likely to have an exhaust emissions effect as well, while the opposite is not necessarily true. As a result, if testing is required for non-exhaust emissions, it is required for all emissions, but if testing is required for exhaust emissions, it may or may not be required for non-exhaust emissions. If the latter case is true and the fuel producer wishes to model non-exhaust emissions, the fuel producer must prove to the Administrator that the fuel's non-exhaust emissions can be accurately determined by the model by proving that the RVP of the fuel falls within the range of 7 to 11.7 psi, that the distillation curve of the fuel is normal up to the 10% point, and that the effect of any oxygenates on the benzene vapor pressure of the fuel is factored into the model. If the fuel producer wishes to test, these conditions must be proved to be false. By allowing non-exhaust emissions to be modeled under appropriate circumstances even though exhaust emission are measured, EPA believes that not only will the candidate fuel's emissions be more accurately determined, but also testing resources can be focussed on those emission effects which the models predict with the least degree of certainty. The results from testing that is performed can then be used to improve the models, as well as improve EPA's estimates of the air quality benefits of reformulated gasoline. To the extent testing is performed, EPA proposes that it be performed for all the pollutants included in the reformulated gasoline certification requirements, including toxics. Failure to have such a requirement could allow fuel producers to "game" the certification requirements by permitting them to utilize the modeling option for one pollutant when it would be advantageous and the test results for another pollutant when it would be advantageous. Certified reformulated gasolines may then not meet all of the applicable emission reduction requirements in-use. For example, testing may show that a fuel may meet the VOC requirement but fail the toxics requirement, while the model may suggest that the fuel may meet the toxics requirement. Allowing the fuel to use the model for toxics would ignore fuel impacts on toxics that may not be addressed by the model. Testing costs could be significantly reduced if only the pollutants other than toxics are measured by testing, and toxics are allowed to be modeled. However, since the testing option must be used when the candidate fuel's parameters fall outside of the range of the model, EPA does not believe situations will exist where only the pollutants other than toxics need be measured. As discussed earlier, if a fuel parameter is expected to impact toxics, and is not covered by the model, toxics must be measured. In addition, EPA believes that any fuel parameter expected to impact the pollutants other than toxics in an unknown fashion such that testing is required, will likely have an unknown impact on toxics emissions and thus warrant the measurement of toxics emissions, as well. Comments are encouraged on the above options. If additional options are identified that provide assurance that emission reduction requirements for all pollutants are obtained, then EPA will consider them in the development of the final rule. 3. Seasonal Limitation on Testing In order to be certified as reformulated, a gasoline must meet VOC, toxics, and NOx emission requirements in the high ozone season (summer) and toxics and NOx emission requirements outside of the high ozone season (winter). (See section II.) EPA believes that fuel producers would not likely utilize a testing option to certify non-high ozone season fuels. First, there is no VOC emission reduction requirement in the winter. Consequently, the candidate fuel formulations are more likely to be determined by the formula fuel specifications. Secondly, the cost of testing at winter temperatures would be significantly greater than testing at normal temperatures due to the need to use cold-room test facilities. As a result, EPA is proposing that testing be an option only for high ozone season fuel certification. EPA is, however, soliciting comment on an option that would allow any fuel producer wishing to certify a non-high ozone season fuel by testing to petition the Administrator for such testing. Under this option the petitioner would be required to provide appropriate rationale to support such a request. This rationale would simply need to present some evidence that the fuel parameter in question may have a different effect in winter than in summer. Under this option, EPA proposes that any testing that is allowed would be performed either under appropriate wintertime conditions or under the same conditions used for high-ozone season fuels. EPA requests comment on the appropriate conditions for such testing. 4. Fuels The fuels to be used for fuel certification include the candidate fuel and the baseline fuel since the candidate fuel's emission performance must be compared to the baseline fuel's to determine compliance with the VOC, NOx, and toxics emission requirements. Section II defines both the parameters and their corresponding values for the baseline fuel. For testing purposes, it is appropriate to allow the measured value of each of the parameters to be within some tolerance due to the difficulty of producing a test fuel to precise specifications and the statistical error associated with the measurement procedures. Since it is likely that the baseline fuel will be supplied by only one or two fuel suppliers, the variability due to fuel production will be minimized. Furthermore, since the fuel's properties can be tested multiple times, the statistical error due to the measurement procedures can also be minimized. As a result, EPA proposes that the baseline fuel's properties be within the tolerances defined in the table V.1. Due to the difficulty in accurately measuring the initial boiling point (IBP) and the fact that its value tends to be controlled by the RVP and the 10% distillation point, EPA proposes that no limitations be placed on IBP for fuel testing purposes. Table V-1.--Summer Baseline Fuel Properties Mean Tolerance API Gravity, deg.API 57.4 +/-0.3 Sulfur, ppm 339 +/-25 Benzene, wt% 1.82 +/-0.3 RVP, psi 8.7 +/-0.3 Octane, (R+M)/2 87.3 +/-0.3 IBP, deg.F 10%, deg.F 128 +/-5 50%, deg.F 218 +/-5 90%, deg.F 330 +/-5 End point, deg.F 415 +/-20 Aromatics, vol% 32.0 +/-2.7 Olefins, vol% 9.2 +/-2.5 Saturates, vol% 58.8 EPA also is proposing two alternatives to direct use of the baseline fuel as defined above which would reduce the error in the emission reduction estimates resulting from blending of the baseline fuel. In the first, the model would be used to determine the exhaust VOC emission impact of the actual measured values of the parameters in table V.1 relative to the required mean values. If the emissions impact of the actual measured values is more than two percent different from that of the required mean values, the fuel would not qualify as a baseline fuel. In the second option the model would be used to adjust the emission effects of the baseline fuel to account for fuel properties that differ from those listed in table V.1. EPA requests comment on both these options and the tolerances defined in table V.1. In order to effectively evaluate the emission performance of the candidate fuel and be able to monitor and enforce the quality of the candidate fuel once introduced into commerce, the characteristics of the fuel which are important for evaluating emission performance must be known and verifiable. Accordingly, EPA proposes that, at minimum, the fuel properties listed above for the baseline fuel also be specified for the candidate fuel. 5. Emission Reduction and Fuel Testing Requirements In order to be certified as a reformulated gasoline, a candidate fuel (high ozone season fuel) must result in the required VOC and toxics emissions reductions below the emissions resulting from the baseline gasoline and show no increase in NOx emissions. As discussed in section III, the required reduction in toxics emissions is based on the formula fuel's toxics emission performance. EPA currently projects that the formula fuel will result in a 18.6 to 22.1 percent reduction in air toxics emissions relative to the baseline fuel in the high ozone season. The Agency will issue a supplemental notice when it determines the actual percent reduction associated with the formula fuel once MOBILE4.1 is available and the definition and effectiveness of enhanced I/M are better known. (See section III for a more detailed discussion of this issue.) For VOC emissions, however, the formula fuel does not achieve the minimum 15 percent emission reduction required by section 211(k)(3) of the CAA. Instead EPA is proposing the alternative that the candidate reformulated gasoline be required to achieve a 15 percent reduction in VOCs over baseline gasoline for all areas, or a 15 percent reduction over baseline gasoline for ASTM Class C areas and a greater percent VOC reduction for Class B areas. In sum, the Agency proposes that for testing purposes the candidate reformulated gasoline be required to demonstrate no increase in NOx emissions, the required reduction in VOC emissions, and the reduction in toxics emissions determined by the formula fuel (currently estimated to be 18.6 to 22.1%). These reductions are all relative to the summer baseline fuel in the high ozone season. A fuel certified through testing would have to be segregated from other reformulated gasolines unless the fuel producer demonstrated that mixing this fuel with other fungible reformulated gasolines certified using the model did not deteriorate the emissions reductions of either fuel beyond that estimated by a linear averaging of the emissions effects of the relevant parameters of the two fuels. A second testing option proposed by EPA is to allow testing to determine the effectiveness of modifying a single fuel parameter (or a number of fuel parameters if changing a single fuel parameter naturally results in changes in others) at reducing emissions. If more than one new parameter is varied and they are not the natural consequence of each other, then the fuel EPA would consider the fuel as being tested under the first testing option above. Under this second option, the goal of the fuel producer would be to identify the emissions effects of a fuel parameter which is not yet part of EPA's certification model, so that the effect of this new parameter can be added to other fuel modifications which are addressed by the model to produce a certifiable reformulated gasoline. The key requirement of such a program is that the emissions effect of the new fuel parameter be additive to those already in the model and not duplicative. To best insure this, the reference fuel should be as close to the final, desired reformulated gasoline as possible, with the exception that the value of the new fuel parameter should be that of the baseline fuel. The candidate fuel containing the changed value of the new fuel parameter would then be the same as the reference fuel in every respect, except for the value of the one new fuel parameter. Again, a number of fuel parameters could differ between the candidate and reference fuels, if the differences all naturally resulted from changing a single fuel parameter. In such a case, the emission effect which is determined will be attributed to all the fuel modifications and not just one of them. All the fuel modifications would have to be present for the effect to be attributable to a given fuel. The emission reduction associated with this fuel parameter(s) will then be used to adjust the emission reductions granted to the candidate fuel by the model. While this option does not reduce the testing burden, it enables the fuel producer to evaluate and produce fuels beyond the applicable range of the model while still taking advantage of the model. It also enables test data to be used more readily to update and improve the model over time. In addition, it allows the fuel to be fungible if the effect of the new fuel parameter neither deteriorates when the fuel is mixed with other fungible reformulated gasolines nor deteriorates the emissions effects of other fuels. In general, EPA does not expect reformulated gasoline to be marketed as a number of segregated unique formulae. Rather, the Agency anticipates that reformulated gasoline will vary in composition to reflect different circumstances, but will retain the overall emission performance required relative to the baseline fuel. If a reformulated gasoline has a unique formula, meaning that its properties have not been shown to blend in a non- deteriorating manner, it is possible that blending with other reformulated gasolines might not result in the same in-use emission reductions, as would have been achieved by the individual fuels. Thus, as EPA proposed in section IV of this notice, for candidate fuels whose parameters have not been shown to blend in a non-deteriorating fashion, the fuels must be either segregated in the fuel distribution system or, if the nature of the deteriorating effect is known, modified such that blends with other reformulated gasolines still meet the required emission reductions. 6. Statistical Requirements for Emission Reductions Due to statistical variability associated with testing, the emission reduction requirements discussed above do not provide a complete description of the certification requirements. Some statistical criteria need to be applied to the test data to determine whether it in fact establishes that the emission reduction requirements have been met. EPA proposes a number of options to accomplish this goal, and requests comment on the appropriateness of these options or any others that can be identified. The first option entails comparing the mean of the measured values from testing on all of the vehicles in the test fleet to the emission reduction requirements. Any fuel with a mean measured emission reduction greater than or equal to that required would be eligible for certification. This option is consistent with the use of the mean emissions effects from test data to develop the model. The difficulty with this option is that the magnitude of statistical variability in measuring of the emission reduction values may be so large due to the variability inherent in vehicle testing (+/-5 percent or more), that many fuels may pass the certification test but have a significant probability of not meeting the performance standards in-use. Even if the fuel failed to pass the certification test the first time, the fuel could be slightly modified and retested, and would likely pass at some point in time due to the variability in the test measurements. As a result, EPA is proposing a second option in which not only must the mean emission reductions meet the requirements, but the lower 90 percent confidence limit (the value at which one can be 90 percent confident that the mean is at least that large) of the mean emission reductions must also meet the emission reduction requirements less some percentage, for example 2.5 percent (i.e., assuming a 15 percent reduction requirement for VOC emissions a fuel would pass if the lower 90 percent confidence limit of the test results was 12.5 percent for VOC, -2.5 percent for NOx, and 16.1 to 19.6 percent for toxics). This would establish a high degree of confidence that the candidate fuel's emission reductions are at least as great as those minimum levels. To ensure that its complying fuel passes the test according to these criteria, a fuel producer could do one of two things or a combination of both. First, it could increase the statistical accuracy of the test results by testing more cars than are required to be tested. Second, it could test no more than the required number of cars but increase the chance that the fuel would pass the test despite poor statistical accuracy of the test results by formulating the fuel to achieve greater emission reductions than are required. Rather than adding additional statistical criteria to increase statistical confidence as is done in the second option, EPA is also proposing a third option wherein the test fleet size, test fleet makeup, and number of tests is highly specified to ensure an acceptably narrow confidence interval. Under this third option, like the first option, compliance with the VOC, NOx, and toxics emission reduction requirements would be based solely on the mean of the test results. The number of vehicles required to be tested would be that which is sufficient to accurately define the mean emissions impact. If testing of the last five vehicles to meet the minimum testing requirement failed to result in any significant change (e.g., 0.5% or some similar figure) to the mean emission reduction estimates, then no additional vehicles need to be tested. If, however, a significant change resulted, then an additional five vehicles must be tested. Additional vehicles would be required to be tested until the mean emission reduction estimates ceased to change significantly. EPA requests comment on the appropriateness of this option, as well as what an appropriate test fleet size and makeup, and number of tests might be. Instead of relying on the mean emission reductions with or without additional statistical criteria, EPA is also proposing two options which rely solely on the upper or lower confidence levels to determine compliance with the emission reduction requirements. In the first option the lower 90 percent confidence limit (or some similar figure) of the emission reductions would be required to meet the applicable VOC and 18.6 to 22.1 percent toxics emission reduction requirements, and similarly show no increase in NOx emissions. This would place all of the testing error on the side of the environment, resulting in a high degree of confidence that each of the three emission requirements will be met in-use. In effect, it would require a greater emission reduction (on average) than mandated in order to account for such factors as testing error and inappropriate or inadequate vehicle selection. By requiring this measure of performance for VOC, NOx, and toxics, however, many fuels that would meet the requirements, on average, would still fail to be certified. In the second option the upper 90 percent confidence limit (or some similar figure) of the emission reductions would be required to meet the above emission reduction requirements. This would place all of the testing error on the side of enabling fuels to certify, allowing a fuel barely meeting each certification standard to have a high probability of passing. Under this approach, however, many fuels that would not meet all of the mandated emission reduction requirements on average would still be certified, and the in-use emission reduction goals of the reformulated gasoline program would be eroded. B. Testing Requirements For the reformulated gasoline program to achieve actual in-use reductions in fuel-related VOC and toxics emissions, certification test results must correlate with reductions in in-use emissions. No test procedure, however, is completely representative of all in-use conditions. The range of vehicle uses and operating conditions and the range of geographical and climatic conditions throughout the country prevent a single test procedure from being entirely representative. EPA has, however, developed test procedures which attempt to reflect a broad spectrum of in-use vehicle operating conditions. These test procedures have been used to develop EPA's MOBILE emissions model, which in turn has been used to develop the modeling option for fuel certification. To maintain consistency between the certification methods, these test procedures are also proposed for fuel certification by vehicle testing. 1. Test Procedures for High Ozone Season Fuel Certification a. Exhaust Emissions Testing. For exhaust emissions, EPA is proposing that the exhaust portion of the Federal Test Procedure (FTP) for new vehicle certification (Subpart B of part 86 of the Code of Federal Regulations) be utilized. Two modifications to the FTP, however, are necessary. First, in order to effectively determine the difference in emissions between two fuels, carry-over effects from one fuel to the next must be minimized. As a result, the vehicles must be afforded an opportunity to be preconditioned on each fuel prior to testing in order to purge both the fuel system and the evaporative control system of the previously used fuel. A preconditioning sequence has recently been adopted by auto and oil companies in their joint Auto/Oil test program. As this sequence appears to have sufficiently eliminated fuel carryover effects in that program, EPA is proposing that it be adopted for reformulated gasoline certification. The proposed sequence consists of a canister purge and fuel tank drain followed by a series of fuel fills, idle or LA-4 operation, diurnal heat builds or hot soaks, and fuel drains. EPA requests comment on the appropriateness of this preconditioning sequence. The second modification to the exhaust FTP involves the inclusion of toxics sampling and analysis techniques. These are needed to ensure compliance with the toxics emission reduction requirement. As provided by section 211(k)(10)(C) of the CAA the covered toxics include benzene, 1,3-butadiene, formaldehyde, acetaldehyde, and polycyclic organic matter (POM). POM can be present in both the gaseous and particulate phases of the exhaust. While various test programs have attempted to measure POM in one or both phases, no universally accepted test procedure exists for either. If such a test protocol were developed, it would also likely be quite costly. As discussed under the development of the certification model, POM, as measured to date, has been shown to be a small fraction of the total weight of the other toxics and its dependence on the type of gasoline used is currently unknown. As a result, EPA has proposed that POM be assumed to be a constant, either in terms of the fraction of total exhaust VOC or grams per mile. To be consistent, EPA proposes that POM not be measured when a reformulated gasoline is certified via testing, but be treated as POM is treated in the model. EPA proposes that sampling for benzene and 1,3-butadiene be accomplished by the current bag sampling techniques for total hydrocarbons outlined in part 86, subpart 8 of the Code of Federal Regulations. Conversion of the sample gas concentration to vehicle emissions would be accomplished using similar equations as for the total hydrocarbon analysis, but with chemical specific densities and carbon to hydrogen ratios for benzene and butadiene rather than those for gasoline exhaust. EPA proposes that both benzene and 1,3-butadiene concentrations be measured by gas chromatography with a limit of quantification adequate to determine exhaust emission measurements of 0.1 mg/mi and evaporative emission measurements of 0.2 mg/mi. EPA believes that because the value has a significant effect on fuel certification that this level of accuracy in measurement is warranted, and believes that it is possible by incorporating the measures described below. Other methods may be allowed provided equivalency to the accepted chromatographic technique can be demonstrated. EPA proposes that benzene and 1,3-butadiene be analyzed in either separate instruments or separate columns of a chromatographic technique in order to achieve the desired measurement accuracy./1/ Such individual analysis allows for improved sensitivity and separation. Without proper care in choosing the chromatographic columns and conditions, benzene will coelute with either cyclohexane or 1-methylcyclopentene./2/ Because of the coelution, the recorded benzene concentration would be higher than actually present. NOTE /1/ Memo from J.E. Sigsby Jr. to C.E. Lindhjem, February 15, 1991. Knapp, K., Sigsby, J.E. Jr., Stump, F.D., and Dropkin, D., "Speciation of Organic Components of Mobile Source Emissions", Proceedings of EPA/Air and Waste Management Association International Symposium on the Measurement of Toxic and Related Air Pollutants, Raleigh, NC, May, 1990, pg 266. NOTE /2/ Seizinger, D.E., Marshall, W.F., Cox, F.W., and Boyd, M.W., 'Vehicle Evaporative and Exhaust Emissions as Influenced by Benzene Content of Gasoline', Coordination Research Council Report CAPE-35-83 and Department of Energy Cooperative Agreement DE-FC22-83FE60149. Auto/Oil Air Quality Improvement Research Program. Measurement of 1,3-butadiene presents several sampling and analysis problems. Results from the Auto/Oil test program called into question the stability of 1,3-butadiene in the presence of nitrogen oxides. However, EPA believes that if 1,3-butadiene is measured within two hours of sampling that degradation will not produce a significant bias in the measurement./3/ In addition to this stability problem, it is difficult to attain the required sensitivity with the proper separation of peaks. EPA proposes a reference method which produces a limit of detection of approximately 1 ppb of butadiene./4/ A bag concentration at this level would correspond to approximately 0.01 mg/mi for most cars. This is well below the level of 5 to 10 mg/mi expected for the entire federal test procedure (FTP). By analyzing benzene and 1,3-butadiene separately, larger sample sizes may be used to gain the required sensitivity. NOTE /3/ Memo from J.E. Sigsby Jr. to C.E. Lindhjem, February 15, 1991. NOTE /4/ Ibid. EPA first described formaldehyde sampling and analysis in the preamble to the final rule establishing standards for emissions from methanol-fueled motor vehicles (See 54 FR 14426, April 11, 1989). EPA proposes that the methodology described there as refined and improved by today's proposal be used for both formaldehyde and acetaldehyde emissions measurement. Sampling of the aldehydes is performed by impingers filled with a solution of 2,4-Dinitrophenylhydrazine (DNPH) in acetonitrile (ACN) or silica cartridges impregnated with DNPH. Organic carbonyls, such as aldehydes and ketones, react with DNPH to produce hydrazone derivatives which are subsequently measured by high performance (pressure) liquid chromatography (HPLC). EPA proposes that to ensure that the accuracy and reproducibility of the method is within five percent of the observed value, and that the limit of quantification be low enough to measure exhaust emissions down to 0.1 mg/mi, that at least 4 L of diluted sample be drawn for the cartridge method and 15 L for the impingers method. Typical measured values for formaldehyde and acetaldehyde in diluted exhaust are at least 0.25 and 0.03 ppm respectively. The low value for acetaldehyde corresponds to approximately 0.35 mg/mi. b. Evaporative and Running Loss Emission Testing. EPA also proposes that the FTP be used for the measurement of evaporative emissions. This test procedure, however, is currently being revised; the proposed revision was published in 55 FR 1914, January 19, 1990. The revised procedure will both improve the accuracy of the evaporative emissions test and incorporate a running loss emissions test. EPA proposes that the evaporative and running loss emissions test procedure as revised be used for reformulated gasoline certification, since any improvements in the tests ability to measure evaporative and running loss emissions will be as important to the reformulated gasoline program as it is to the motor vehicle emissions control program. However, a couple of modifications are necessary in order to have it satisfy the purposes of the reformulated gasoline program. First, as in the case of exhaust, toxics sampling and analysis techniques must be incorporated. Since the only toxic that occurs in evaporative emissions is benzene, only benzene sampling and analysis procedures need to be incorporated. Those discussed above for exhaust emissions apply for evaporative emission purposes as well. Second, in order to provide a complete set of evaporative emissions data for use directly in the MOBILE4.1 model, EPA proposes that the revised evaporative test procedure be further modified to include a 7-day diurnal. However, if any time after 3 diurnals (the number likely to be required by the new evaporative test procedure) two consecutive diurnals have values within 10 percent of each other, the remaining diurnal tests may be omitted. As discussed in the section on modeling above, EPA is considering two options for determining the temperatures to be used in evaporative and running loss emission testing. Under the first option, the design-value-day temperatures from the evaporative emissions rule would be used (i.e., 72-96 deg.F for Class C areas). These temperatures are relatively high, worse case temperatures used to assure effective vehicle emission control design. Under the second option temperature ranges expected to be used in various areas' State Implementation Plan analyses (averaged over all Class B and C areas separately or all together) would apply. Such temperature ranges are expected to be derived for each area by averaging the temperatures for the ten highest ozone days measured over a three-year period. Test results from use of these temperatures would more likely represent average inused emissions than testing at design-value-day temperatures. Regardless of which option is chosen, EPA proposes to use the same temperatures for both modeling and testing of reformulated gasoline to maintain consistency between the two means of fuel certification. c. Refueling Emissions Testing. The FTP does not currently contain test procedures for refueling emissions. However, in 1987 a test procedure for certifying onboard refueling controls was proposed by EPA (52 FR 31162, August 19, 1987). Therefore, as one option EPA proposes that the proposed version of the onboard test procedure be utilized for refueling emission measurement unless a modified test procedure is promulgated along with onboard refueling controls. If the onboard test procedure is not finalized prior to the promulgation of this rulemaking, then a fuel producer wishing to test a unique fuel formulation for refueling emissions can petition EPA for promulgation of suitable test procedures. Because certain areas where reformulated gasoline will be sold have Stage II refueling controls, and all ozone nonattainment areas will have Stage II by 1995, the actual emission result from any refueling testing performed will have to be adjusted downward by 66 percent (see section III discussion). In addition, the air toxics sampling requirements proposed for evaporative and running loss emissions are proposed for refueling emissions, as well. In comparison to EPA's proposed refueling test procedure which requires the use of an evaporative SHED, other procedures may be simpler and result in equally valid test results. The proposed refueling procedure was designed to measure emissions from vehicles which possessed onboard refueling emission controls. Whereas refueling vapors from onboard equipped vehicles would tend to be released from a number of places on the vehicle, such vapors from vehicles without onboard controls (such as those that will be tested for reformulated gasoline certification) would be released exclusively from the fill spout. As a result, a test procedure which measures emissions leaving the fill spout may be just as effective for reformulated gasoline certification as a test procedure which uses the SHED. One such procedure might be the EPA short test procedure proposed but never finalized by EPA (See 41 FR 48044, November 1, 1976). EPA is currently evaluating the appropriateness of this refueling test procedure, and will also consider any other procedures recommended by commenters. For any tests procedures recommended by the commenters, EPA requests that data showing the effectiveness of the procedure relative to the SHED procedure also be submitted. 2. Test Procedures for Non-High Ozone Season Fuel Certification As discussed in section (A)(3), EPA believes that a testing option for non- high ozone season fuel certification is unnecessary. As a result, EPA is proposing that testing not be a standard option for non-high ozone season fuel certification. However, should any fuel producer wish to certify a non- high ozone season fuel by testing, they may petition the Administrator. If the petition is granted, EPA would promulgate test procedures as consistent as possible with those for the high ozone season, but including testing at non-high ozone season temperatures. Such temperatures have been estimated to be an average low of 42 deg.F, an average high of 59 deg.F, and an overall average of 50 deg.F based on available data for the 25 ozone non-attainment areas that have been classified as serious, severe, or extreme. C. Vehicle Selection 1. General Requirements Section 211(k)(3) of the CAA specifies that the required reductions in VOC and toxics emissions are to be measured from the emissions of those pollutants from "baseline vehicles." Section 211(k)(10)(A) defines baseline vehicles as representative model year 1990 (MY-90) vehicles. In the interest of simplifying test fleet vehicle selection, EPA proposes to allow the use of not only MY-90 vehicles, but also closed-loop MY-89 through MY-91 vehicles which are technologically equivalent (i.e., have adaptive learning) and representative of the MY-90 vehicles. Furthermore, due to the predominance of light-duty vehicles and light-duty trucks in the gasoline vehicle market and the added testing burden associated with heavy-duty engine/vehicle testing, EPA is proposing that heavy-duty gasoline vehicles need not be included in the test fleet. Another consideration in vehicle selection is in what condition the vehicles are to be tested. EPA believes that Congress intended that the required VOC and toxics emission reductions be achieved not only at certification but also in-use. In order for this to be true, the test vehicles' condition should be representative of that of in-use vehicles. Therefore, for the purposes of this rulemaking, representative 1990 MY vehicles are defined to be 1989-91 MY vehicles having not only a technology mix representative of the 1990 model year fleet, but also emission performance typical of the in-use emission performance of 1990 vehicles over their lifetime. While the goal is to test vehicles with emissions representative of in-use 1990 vehicle emissions, the actual in-use emission performance of 1990 model year vehicles over their useful life can only be predicted. Based on information in EPA's emission factors database,/5/ exhaust VOC emissions vary widely across the in-use fleet, with some vehicles emitting at levels more than 20 times the standard. Evaporative and running loss emissions also vary significantly, apparently due to the effects of malmaintenance or tampering. Refueling emissions, which were not controlled on 1990 MY vehicles, are more a function of ambient conditions than vehicle type. NOx emissions tend to vary much less than VOC emissions and tend to follow more of a normal distribution. Since CO and toxics emissions for the most part mirror VOC emissions, by obtaining a representative VOC distribution, representative CO and toxics distributions should also be obtained. Therefore, EPA proposes that exhaust VOC emission performance be the primary basis for selecting vehicles for the test fleet. The Agency also proposes that evaporative emission performance be a secondary basis, which, as discussed below, would be handled through disabling key components of the evaporative systems on vehicles obtained through screening for exhaust emission performance. As discussed below, EPA proposes that the relative number of vehicles tested for the various emission types (exhaust, evaporative, running loss, and refueling) and the number of vehicles tested with various emission performance levels be based upon the contribution of each category to in-use emissions as estimated using MOBILE4.1 with an enhanced I/M program. NOTE /5/ EPA's Emission Factors Database on MICRO in the Michigan Terminal System (MTS) computer network system. 2. Vehicle Selection Criteria for Exhaust Emission Testing a. In-use Emission Performance. In order to ensure that test vehicles represent the range of exhaust emission performance typical of the likely in- use emission performance of 1990 MY vehicles over their lifetime, EPA proposes that vehicles be tested which fall into the different exhaust emitter groups used in the MOBILE4.1 emissions model. These emitter groups (normal, high, very-high, and super) were determined based on analysis of the VOC and CO test data in EPA's in-use emission factor data base. Vehicles with exhaust VOC emissions less than twice the 0.41 g/mi standard are defined to be normal emitting vehicles. Vehicles with exhaust VOC emissions from two to four times the standard are defined to be high emitters. Vehicles with exhaust VOC emissions above four times the standard and up to 10 g/mi are defined to be very-high emitters, and vehicles emitting at more than 10 g/mi are defined to be super emitters. While super emitter vehicles contribute significantly to the total in-use emission inventory as a result of their high emission rate, following implementation of an enhanced I/M program EPA estimates that they will represent less than one percent of the vehicles in the in-use fleet. As a result, it may be extremely difficult to find vehicles for a test program which are super emitters. For this reason, EPA proposes that the very-high and super emitter groups be combined into one emitter group for purposes of reformulated gasoline testing. If test fleet emission measurements are to reflect in-use emissions, the representation of each emitter group in the test fleet must reflect their representation in the in-use fleet. The nationwide average, however, is not appropriate for the purpose of the reformulated gasoline program. All of the areas of the country covered by the reformulated gasoline sales requirement are also covered by a requirement that they incorporate enhanced I/M programs. This will affect the in-use emissions performance of vehicles in those areas by requiring vehicles with poor emission performance to be repaired, decreasing their contribution to the total in-use emission inventory. As discussed earlier the impacts of enhanced I/M will be combined with the MOBILE4.1 emissions model for use in developing the modeling option. These impacts thus should also be reflected in the testing option. Table V-2 shows the range of estimated average emissions rate and representation of the emitter groups in the 1990 in-use fleet, with the anticipated impacts of an enhanced I/M program incorporated. These values will be adjusted to reflect the likely effects of the enhanced I/M program when EPA determines the exact nature of that program. Table V-2.--Emitter Groups Fraction Fraction of in-use of in-use Emitter group fleet emissions Normal: <2xStandard 0.81-0.84 0.49-0.60 High: C+H2, etc.) FID temperature: 400 deg.C Oven temperature program: 50 deg.C for 12 min, followed by 5 deg.C/min to 70 deg.C for 14 min, followed by 25 deg.C/min to 195 deg.C for 5 min. (ii) Prior to analysis of any samples, inject a sample of non-oxygenated gasoline into the GC to test for hydrocarbon breakthrough overloading the cracker reactor. If breakthrough occurs, the OFID is not operating effectively and must be corrected before samples can be analyzed. (iii) Add precisely the same quantity of the internal standard (as in paragraph (d)(6)(iv) of this section) to 5.00 mL of the gasoline sample. Transfer approximately 2 mL of this solution to a vial compatible with the autosampler. (iv) Report the volume percent of each oxygenate. If the volume percent exceeds the calibrated range, dilute the sample to a concentration within the calibration range and repeat the procedures in paragraphs (d)(7) (ii) and (iii) of this section. (v) Sufficient sample should be retained to permit reanalysis. (8)(i) The laboratory shall routinely monitor the precision of its analyses. At a minimum this shall include: (A) The preparation and analysis of laboratory duplicates at a rate of one per analysis batch or at least one per ten samples. (B) Laboratory duplicates shall be carried through all sample preparation steps independently. (C) The average range (absolute difference) for duplicate samples shall not exceed 0.4 volume % or the average relative range shall not exceed 8% where the relative range is defined as: 100% (range/((initial concentration + duplicate concentration)/2). The maintenance of control charts is one acceptable method for ensuring compliance with this specification. If the results of individual duplicate analyses differ by more than 0.5 volume %, or 10% average relative range, the results of the entire analysis batch should be considered suspect. (ii) The laboratory shall routinely monitor the accuracy of its analyses. At a minimum this shall include: (A) Independent reference standards shall be purchased or prepared from materials that are independent of the calibration standards. (B) Independent reference standards shall be analyzed at a minimum of once per analysis batch or at least one per 100 samples. (C) If the measured concentration of the reference samples is less than 10% or greater than 10% of the theoretical concentration, the results of the entire analysis batch shall be considered suspect. The maintenance of control charts is one acceptable method for ensuring compliance with this specification. (e) Fuel Sulfur. (1)(i) The following spectrometric procedure shall be used to quantify the sulfur content of gasoline through the use of an inductively coupled plasma atomic emission spectrometer (ICP-AES). (ii) The procedure's calibration range is 25 to 25,000 micro-g/L gasoline. Samples above this level should be diluted to fall within the specified range. (iii) Where trade names or specific products are noted in the method, equivalent apparatus and chemical reagents may be used. Mention of trade names or specific products is for the assistance of the user and does not constitute endorsement by the U.S. Environmental Protection Agency. (2) A gasoline sample is aspirated into an ICP-AES. The resultant atomic emission spectrum is monitored at 249.773 nm to determine the sulfur content of the fuel. (3) (i) Samples shall be collected and stored in containers which will protect them from changes in the sulfur content of the gasoline, such as loss of volatile fractions of the gasoline by evaporation. (ii) If samples have been refrigerated they should be brought to room temperature prior to analysis. (iii) Gasoline is extremely flammable and should be handled cautiously and with adequate ventilation. The vapors are harmful if inhaled and prolonged breathing of vapors should be avoided. Skin contact should be minimized. (4) An ICP-AES capable of efficiently resolving the 249.773 nm spectral line of sulfur; a quartz torch (Instruments SA cat.NZ 490.10.100 or equivalent) for gasoline analyses; a sample nebulizer (0.5 mL/min, Meinhard TR 50-C 0.5 or equivalent) with a spray chamber for gasoline analyses; a peristaltic pump for stable sample aspiration; an integrator or other acceptable system to collect and process the spectrometric signal; and a positive displacement pipet (200 micro-L) for spiking purposes shall be the required equipment. (5) (i) Sulfur in gasoline (or oil) stock solution (Alpha Resources or equivalent) for spike analyses and for preparation of standard solutions. (ii) Supply of sulfur-free gasoline for blank assessments and for preparation of standard solutions. (iii) Calibration standard solutions containing known quantities of sulfur in gasoline. (iv) Reference standard solutions containing known quantities of sulfur in gasoline. (v) Ample supply of argon for generating the plasma. (6) (i) Sulfur in gasoline (or oil) stock solutions are to be diluted with regular unleaded sulfur-free gasoline that has been previously determined by ICP-AES to be free of sulfur. (ii) Five calibration standards are required from 25 to 2500 micro-g sulfur/L gasoline. The standards should be as equally spaced as possible within this range. A blank for zero concentration assessments is also to be included. (iii) Obtain a linear calibration curve by performing a least squares fit of the component peak areas to the standard concentrations. (7) (i) Adjust the argon plasma for stable burn while aspirating a blank (sulfur-free) sample of gasoline prior to calibration and analysis of samples. (ii) After stabilization of the plasma, calibrate the instrument for sulfur using the 249.773 nm spectral line and analyze the samples. (iii) Report the micro-g sulfur/L gasoline. If the concentration exceeds the calibrated range, dilute the sample to a concentration within the calibration range and repeat the procedures in paragraphs (e)(7) (i) and (ii) of this section. (iv) Sufficient sample should be retained to permit reanalysis. (8) (i) The laboratory shall routinely monitor the precision of its analyses. At a minimum this shall include: (A) The preparation and analysis of laboratory duplicates at a rate of one per analysis batch or at least one per ten samples. (B) Laboratory duplicates shall be carried through all sample preparation steps independently. (C) EPA is seeking comment on what should be the average range (absolute difference) for duplicate samples and/or the upper limit of average relative range where the relative range is defined as: 100% (range/((initial concentration + duplicate concentration)/2). The maintenance of control charts is one acceptable method for ensuring compliance with this specification. EPA is seeking comments on appropriate values for these ranges. (ii) The laboratory shall routinely monitor the accuracy of its analyses. At a minimum this shall include: (A) The preparation and analysis of spiked samples at a rate of one per analysis batch or at least one per ten samples. (B) Spiked samples shall be prepared by adding a volume of a standard to a known volume of sample. EPA is seeking comment on the proper background level of the sample and to what level the concentration of the sample should be increased. To ensure adequate method detection limits, the volume of the standard added to the sample should be minimized (such as 5% or less than the volume of the sample). The spiked sample shall be carried through the same sample preparation steps as the background sample. (C) The percent recovery of the spiked sample shall be calculated as follows: 100% (Cm(V0+V1)-C0V0) % Recovery = --------------------- CsV1 where: V0=Volume of sample (mL) V1=Volume of spiking standard added (mL) Cm=Measured concentration of spiked sample (micro-g sulfur/L gasoline) C0=Measured background concentration of sample (micro-g sulfur/L gasoline) Cs=Known concentration of spiking standard (micro-g sulfur/L gasoline) (D) If the percent recovery of any individual spiked sample is less than 10% or greater than 10% of the theoretical concentration the results and the analysis technique should be considered suspect. The maintenance of control charts is one acceptable method or ensuring compliance with this specification. (E) Independent reference standards shall be analyzed at a minimum of once per analysis batch or at least one per 100 samples. (F) Independent reference standards shall be prepared from materials that are independent of the calibration standards. (G) If the measure concentration of the reference samples is less than 10% or greater than 10% of the theoretical concentration, the results of the entire analysis batch shall be considered suspect. The maintenance of control charts is one acceptable method for insuring compliance with this specification. (f) Olefins. Olefins shall be determined using the Fluorescence Indicator Absorption (FIA) method as defined by the American Society of Testing Materials in ASTM-D1319-88. (g) Phenolphthalein. (1) Testing for the presence of phenolphthalein in gasoline is accomplished by extraction of phenolphthalein with water at pH 12. If the water layer turns pink, it indicates the presence of phenolphthalein. (2) The test solution (reagent) is prepared by adding two (2) tablespoons of washing soda (Na2CO2) is to one (1) quart of water. Add two (2) teaspoons of the reagent to one (1) quart of gasoline in a clear container 80% filled. Shake the container for thirty (30) seconds and allow the mixture to settle for several minutes. A pink water layer on the bottom indicates the presence of phenolphthalein in the gasoline. (3) Gasohols (those containing more than one (1) percent ethanol) react differently when the washing soda reagent is added. After mixing, small particles of a white solid appear on the bottle walls, and the water layer is noticeably larger in volume. When this occurs, add one small crystal of lye (NaOH) to the container, and shake again. The lower layer will now turn pink if phenolphthalein is present. (4) The quantification of phenolphthalein in the gasoline by a chromatographic laboratory procedure will determine the fraction of conventional gasoline in the tank of reformulated gasoline. (h) Other procedures with similar capabilities to those detailed in this section will be allowed provided they comply with the quality control requirements and are approved by the Administrator. 8. A new Sec. 80.40 is proposed to be added to subpart C to read as follows: Sec. 80.40 Reformulated gasoline certification: vehicle testing. (a) The provisions of this section apply only if a fuel's parameters fall outside of the range of parameters and the range of their values covered by the exhaust emission models as expressed in Sec. 80.36(b)(2) and Sec. 80.37(b) for high ozone season fuels and non-high ozone season fuels, respectively; or if testing will provide greater statistical confidence than exists for the model expressed in Sec. 80.36 and Sec. 80.37. (b) To demonstrate compliance with the requirements of Sec. 80.36(b) the following requirements apply: (1) Exhaust emissions shall be measured per the requirements of this section and Sec. 80.41 through Sec. 80.45 and Sec. 80.47 through Sec. 80.52. (2) Evaporative, running loss, and refueling VOC and toxics emissions shall be estimated as outlined in Sec. 80.36(a)(1). An ASTM D86 distillation curve and other relevant data shall be submitted to the Administrator to demonstrate the appropriateness of using this estimation technique. If the fuel supplier can submit proof that the RVP, distillation, benzene, oxygenate, or other characteristics of the fuel fall outside of the ranges or factors considered in Sec. 80.36(a), then evaporative, running loss, and refueling VOC and toxics emissions shall be measured per the requirements of this section and Sec. 80.41 through Sec. 80.45 and Sec. 80.47 through Sec. 80.52. (c) To demonstrate compliance with the requirements of Sec. 80.37(b) the requirements of Sec. 80.46 apply. (d) The fo11owing statistical requirements shall be observed to demonstrate compliance with the requirements of 80.36(b) and 80.37(b). OPTION 1 for Paragraph (d)(1) (1) VOCRED, TOXRED, and NOXRED as calculated in Sec. 80.52 must meet the requirements of Sec. 80.36(b) and Sec. 80.37(b) OPTION 2 for Paragraph (d)(1) (1) Require the lower 90 or 95% confidence limit of VOCRED, TOXRED, and NOXRED to meet the requirements of Sec. 80.36(b) and Sec. 80.37(b). OPTION 3 for Paragraph (d)(1) (1) Require the upper 90 or 95% confidence limit of VOCRED, TOXRED, and NOXRED to meet the requirements of Sec. 80.36(b) and Sec. 80.37(b). OPTION 1 for Paragraph (d)(2) (2) The lower confidence limit (90% confidence interval) reduction of VOCRED, TOXRED, and NOXRED to be no lower than the requirements of Sec. 80.36(b) less 0.025 [OPTION: some other fraction] and Sec. 80.37(b) less 0.025 [OPTION: some other fraction] OPTION 2 for Paragraph (d)(2) (2) No additional statistical requirement if vehicle selection is highly specified to ensure acceptable test data. Additional vehicles must be tested until the test results from an additional five vehicles has no significant impact on the mean emission reduction estimates. 9. A new Sec. 80.41 is proposed to be added to subpart C to read as follows: Sec. 80.41 Fuels: reformulated gasoline certification. (a) The fuels to be tested for reformulated gasoline certification include the candidate fuel and the baseline fuels for the corresponding certification season, or the candidate-baseline fuel. All fuels shall be lead-free and contain detergents per paragraph (a)(3)(iii) of this section. (1) The candidate reformulated fuel, (candidate fuel), is defined to be the fuel for which a fuel supplier petitions EPA to certify for sale. The candidate fuel must be specified with at least the same level of detail as in paragraph (a)(2)(i) of this section, and this information must be submitted to the Administrator. OPTION 1 for Paragraph (a)(2) (2) The baseline test fuels are to be blended to the specifications below. OPTION 2 for Paragraph (a)(2) (2) The baseline test fuels are to be blended to the specifications below. In addition, if the measured values for the parameters result in more than a two percent increase in exhaust VOC based on the model relative to the mean required values for the parameters, the fuel is unacceptable to test. OPTION 3 for Paragraph (a)(2) (2) The baseline test fuels are to be blended to the specifications below. The emissions model is then used to adjust the emission measurements on the baseline fuel to account for the differences between the values of the fuel parameters measured, and their required mean values. (i) Summer baseline fuel properties and tolerances: API Gravity 57.4+/-0.3 Sulfur, ppm wt 339+/-25 Benzene, wt% 1.82+/-0.3 RVP, psi 8.7+/-0.3 Octane, (R+M)/2 87.3+/-0.3 10%, F 128+/-5 50%, F 218+/-5 90%, F 330+/-5 End Point, F 415+/-20 Aromatics, vol% 32.0+/-2.7 Olefins, vol% 9.2+/-2.5 Saturates, vol% 58.8 (ii) Winter baseline properties and tolerances: Sulfur, ppm wt 340+/-25 Benzene, wt% 1.64+/-0.3 RVP, psi 12.9+/-0.3 Octane, (R+M)/2 87.3+/-0.3 50%, F 199+/-5 90%, F 332+/-5 Aromatics, vol% 26.3+/-2.7 Olefins, vol% 11.9 Oxygen, wt% 0.52+/-0.5 (iii) The candidate-baseline fuel is defined to be the candidate fuel with the single fuel parameter (or set of fuel parameters if they all result from changing a single fuel parameter and are a natural consequence of that original change) adjusted to the baseline fuel level(s). (iv) Measurement procedures for the fuel parameters in paragraphs (a)(2) (i) and (ii) of this section are as defined in Sec. 80.39 or as follows. API gravity must be measured using the ASTM D1689 technique; RVP must be measured using the ASTM D4953-89 technique; Octane must be measured using the ASTM D2699 and D2700 techniques; and the distillation points must be measured using ASTM D86. (3) The formula fuel must meet the same specifications as the baseline fuel, (as detailed in paragraph (a)(2) of this section), with the exception of only the following changes. (i) The benzene content must not exceed 1.0% by volume. (ii) The aromatic hydrocarbon content must not exceed 25% by volume. OPTION 1 for paragraph (a)(3)(iii) (iii) The detergent additive Technolene by Chevron or an equivalent approved by the Administrator must be contained to prevent the accumulation of deposits in engines or vehicle supply systems. OPTION 2 for Paragraph (a)(3)(iii) (iii) [This requirement may be updated in the future if Technolene no longer fulfills EPA's requirements for nationwide additive performance.] (iv) The oxygen content must equal or exceed 2.0% by weight except as otherwise required. 10. A new Sec. 80.42 is proposed to be added to subpart C to read as follows: Sec. 80.42 General test procedure requirements for reformulated gasoline certification. (a) One of two test procedures must be followed: (1) Fuel certification testing in which the candidate fuel and the summer baseline fuel must be tested for high ozone season fuel certification. (i) In the exhaust emissions test procedure VOC, NOx, and toxics emission measurements are required. (ii) In the evaporative, running loss, and refueling emission test procedures VOC and toxics emission measurements are required. (2) Parameter certification testing in which the candidate fuel and the candidate baseline fuel must be tested for high ozone season fuel certification. (i) In the exhaust emissions test procedure VOC, NOx, and toxics emission measurements are required. (ii) In the evaporative, running loss, and refueling emission test procedures VOC and toxics emission measurements are required. (b) For high ozone season fuel certification observe the general requirements per Sec. 86.130-94 of this chapter./1/ NOTE /1/ The NPRM, "Control of air pollution from new motor vehicles and new motor vehicle engines: evaporative emission regulations for gasoline and methanol fueled light duty vehicles, light duty trucks and heavy duty engines," was published in the Federal Register (55 FR 1914, Jan. 19, 1990; 55 FR 49914, Dec. 3, 1990). The agency expects to publish this proposal as a final rule in November 1991. (c) Engine starting and restarting per 40 CFR 86.136-90. 11. A new Sec. 80.43 is proposed to be added to subpart C to read as follows: Sec. 80.43 Vehicle preparation. The requirements in this section apply to a testing program in support of certification of a high-ozone season reformulated gasoline. Except as provided for in Sec. 80.49, general preparation of vehicles being tested must follow procedures detailed in Sec. 86.131-90 of this chapter as modified by the FRM for enhanced evaporative emission control). If vehicles are to undergo evaporative, running loss, and refueling emissions testing then requirements of Sec. 86.131-94 of this chapter /2/ apply. NOTE /2/ See footnote 1 to Sec. 80.42(b). 12. A new Sec. 80.44 is proposed to be added to Subpart C to read as follows: Sec. 80.44 Vehicle preconditioning: high ozone season fuels. (a)(1) Initial vehicle preconditioning and preconditioning between tests with different fuels shall follow the procedures detailed in paragraph (a)(2) of this section. (2) General vehicle handling requirements per 40 CFR 86.l32-90./3/ NOTE /3/ See footnote 1 to Sec. 80.42(b). (i) Prior to preceding with the preconditioning procedure detailed in paragraph (a)(2)(ii) of this section, the vehicle must be soaked in accordance with requirements in [the final evaporative emissions rule]./4/ Proposed initial soak at controlled temperatures for a minimum of 6 hours. NOTE /4/ See footnote 1 to Sec. 80.42(b). (ii) The following preconditioning schedule must be observed. [Note: Procedure used in Auto-Oil program] (A) 60 minute canister purge (48 CFH). (B) Drain and 3 gallon fill with new fuel batch. (C) Start engine and idle for one minute. (D) Drain and 40% fill with new fuel batch (cold fill). (E) Diurnal heat build. (F) LA 4 preconditioning cycle. (G) Engine off 5 minute soak. (H) Start engine and idle for one minute. (I) Engine off, soak for one minute. (J) Start engine or idle for one minute. (K) Engine off soak for one minute. (L) Drain and 40% fill (room temperature). (M) LA4 preconditioning sequence per 40 CFR 86.132-90; [with revisions per final evaporative emissions rule]./5/ NOTE /5/ See footnote 1 to Sec. 80.42(b). (b) The preconditioning procedure contained in 40 CFR 86.132-90 must be observed for preconditioning vehicles between tests using the same fuel. 13. A new Sec. 80.45 is proposed to be added to subpart C to read as follows: Sec. 80.45 Vehicle test procedures for reformulated gasoline: high ozone season. OPTION 1 for Paragraph (a) (a) The test sequence for certification of high ozone season reformulated gasoline is as follows: OPTION 2 for Paragraph (a) (a) [The test sequence may be revised according to requirements of final evaporative emissions regulation]./6/ NOTE /6/ See footnote 1 to Sec. 80.42(b). (1) Prepare vehicles per Sec. 80.43. (2) Initial preconditioning per Sec. 80.44(a)(2). Vehicle refueled randomly with either the summer baseline fuel or candidate fuel as defined in Sec. 80.41. (3) Exhaust emissions tests, dynamometer procedure per Sec. 86.137-90 of this chapter. (i) Benzene and 1-3 Butadiene measured per Sec. 80.47. (ii) Formaldehyde and Acetelaldehyde measured per Sec. 80.48. (4) Diurnal emissions test per [final evaporative emissions regulation],/7/ if performed. NOTE /7/ See footnote 1 to Sec. 80.42(b). (i) Seven diurnal emissions tests are required. If after the first three diurnal emissions tests, two consecutive diurnal emissions measurements are within 10 percent of each other, additional tests may be omitted, and the results assumed constant at the higher of the two previous diurnal emission values. (ii) Benzene measured per Sec. 80.47. (5) (i) Running loss test [per final evaporative emissions regulation],/8/ if performed. NOTE /8/ See footnote 1 to Sec. 80.42(b). (ii) Benzene measured per Sec. 80.47. (6) (i) Hot soak and permeation loss test [per final evaporative emissions regulation],/9/ if performed. NOTE /9/ See footnote 1 to Sec. 80.42(b). (ii) Benzene measured per Sec. 80.47. OPTION 1 for Paragraph (a)(7) (7) Refueling emissions test per final on-board refueling regulation, if performed [Final rule expected November 1991, Proposed rule published 52 FR 31164]. OPTION 2 for Paragraph (a)(7) (7) Refueling emissions test, if performed, per EPA short test proposed 41 FR 48044, November 1, 1976. OPTION 3 for Paragraph (a)(7) (7) (i) Refueling emissions test per some non-SHED based test other than the EPA short test proposed 41 FR 48044, November 1, 1976. (ii) Benzene measured per Sec. 80.47. (8) Preconditioning between test fuels according to Sec. 80.44(a)(2), vehicle fueled with the opposite fuel to that selected in paragraph (a)(2) of this section. (9) Repeat testing procedures detailed in paragraphs (a) (3) through (7) of this section. 14. A new Sec. 80.46 is proposed to be added to subpart C to read as follows: Sec. 80.46 Vehicle test procedures for reformulated gasoline: outside of high ozone season. (a) Fuel producers may submit a petition to the Administrator to request testing requirements applicable for the certification of reformulated gasolines to be sold outside of the high ozone season. The Administrator will have six months from the date of receipt of the petition to provide appropriate test requirements. The requirements will be consistent with those expressed in Sec. 80.42 through Sec. 80.45, and Sec. 80.47 through Sec. 80.52 for the certification of high ozone season fuels. Fuels to be tested include the candidate fuel and the winter baseline fuel or candidate-baseline fuel as defined in Sec. 80.41. OPTION 1 for Paragraph (b) (b) For non-high ozone season fuel certification, the test procedures shall be adjusted to reflect appropriate non-high ozone season temperatures and conditions. OPTION 2 for Paragraph (b) (b) For non-high ozone season fuel certification, testing shall take place at the same temperatures and conditions as required for high ozone season fuels. 15. A new Sec. 80.47 is proposed to be added to subpart C to read as follows: Sec. 80.47 Measurement methods for benzene and 1,3-butadiene emissions. (a) Sampling for benzene and 1,3-butadiene must be accomplished by bag sampling as used for total hydrocarbons determination. This procedure is detailed in Sec. 86.109 of this chapter. (b) Benzene and 1,3-butadiene must be analyzed by gas chromatography. Expected values for benzene and 1,3-butadiene in bag samples for the baseline fuel are 4.0 ppm and 0.30 ppm respectively. At least three standards ranging from at minimum 50% to 150% of these expected values must be used to calibrate the detector. An additional standard of at most 0.01 ppm must also be measured to determine the required limit of quantification as described in paragraph (d) of this section. (c) The sample injection size used in the chromatograph must be sufficient to be above the laboratory determined limit of quantification (LOQ) as defined in paragraph (d) of this section for at least one of the bag samples. A control chart of the measurements of the standards used to determine the response, repeatability, and limit of quantitation of the instrumental method for l,3-butadiene and benzene must be reported. (d) As in all types of sampling and analysis procedures, good laboratory practices must be used. [Note: These practices were described in a report published in Analytical Chemistry (a periodical detailing scientific understanding of analytical procedures) in December 1983 (v 55, n 14, pages 2210 to 2218).] Reporting reproducibility control charts and limits of detection measurements are integral procedures to assess the validity of the chosen analytical method. The repeatability of the test method must be determined by measuring a standard periodically during testing and recording the measured values on a control chart. The control chart shows the error between the measured standard and the prepared standard concentration for the periodic testing. The error between the measured standard and the actual standard indicates the uncertainty in the analysis. The limit of detection (LOD) is determined by repeatedly measuring a blank and a standard prepared at a concentration near an assumed value of the limit of detection. If the average concentration minus the average of the blanks is greater than three standard deviations of these measurements, then the limit of detection is at least as low as the prepared standard. The limit of quantitation (LOQ) is defined as ten times the standard deviation of these measurements. This quantity defines the amount of sample required to be measured for a valid analysis. (e) Other sampling and analytical techniques will be allowed if they can be proven to have equal specificity and equal or better limits of quantitation. Data from alternative methods that can be demonstrated to have equivalent or superior limits of detection, precision, and accuracy may be accepted by the Administrator with individual prior approval. 16. A new Sec. 80.48 is proposed to be added to subpart C to read as follows: Sec. 80.48 Measurement methods for formaldehyde and acetaldehyde emissions. (a) Formaldehyde and acetaldehyde will be measured by drawing exhaust samples from heated lines through either 2,4-Dinitrophenylhydrazine (DNPH) impregnated cartridges or impingers filled with solutions of DNPH in acetonitrile (ACN) as described in Sec. 86.109 and Sec. 86.140 for formaldehyde analysis. Diluted exhaust sample volumes must be at least 15 L for impingers containing 20 ml of absorbing solution (using more absorbing solution in the impinger requires proportionally more gas sample to be taken) and at least 4 L for cartridges. As required in 86.109, two impingers or cartridges must be connected in series to detect breakthrough of the first impinger or cartridge. (b) In addition, sufficient sample must be drawn through the collecting cartridges or impingers so that the measured quantity of aldehyde is sufficiently greater than the minimum limit of quantitation of the test method for at least a portion of the exhaust test procedure. The limit of quantitation is determined using the technique defined in Sec. 80.47(d). (c) Each of the impinger samples are quantitatively transferred to a 25 mL volumetric flask (5 mL more than the sample impinger volume) and brought to volume with ACN. The cartridge samples are eluted in reversed direction by gravity feed with 6 mL of ACN. The eluate is collected in a graduated test tube and made up to the 5 mL mark with ACN. Both the impinger and cartridge samples must be analyzed by HPLC without additional sample preparation. (d) The analysis of the aldehyde derivatives collected is accomplished with a high performance liquid chromatograph (HPLC). Standards consisting of the hydrazone derivative of formaldehyde and acetaldehyde are to be used to determine the response, repeatability, and limit of quantitation of the HPLC method chosen for acetaldehyde and formaldehyde. (e) Other sampling and analytical techniques will be allowed if they can be proven to have equal specificity and equal or better limits of quantitation. Data from alternative methods that can be demonstrated to have equivalent or superior limits of detection, precision, and accuracy may be accepted by the Administrator with individual prior approval. 17. A new Sec. 80.49 is proposed to be added to subpart C to read as follows: Sec. 80.49 General test fleet requirements: reformulated gasoline certification. (a) The test fleet must consist of only 1989-91 MY vehicles which are technologically equivalent to 1990 MY vehicles. To be technologically equivalent vehicles must have closed-loop systems and possess adaptive learning. (b) No maintenance on, or replacement of, any vehicle component is permitted unless otherwise noted. Vehicle maintenance and replacement of components is allowed when it is judged to be necessary from the standpoint of operator safety. All vehicle maintenance procedures must be reported to the Administrator. (c) Vehicles must be tested in an "as received condition" unless otherwise noted. No maintenance or modification is allowed. 18. A new Sec. 80.50 is proposed to be added to subpart C to read as follows: Sec. 80.50 Test fleet requirements for exhaust emissions testing. OPTION 1 for Paragraph (a) (a) Candidate vehicles which conform to the emission performance requirements defined below are to be obtained directly from the in-use fleet and tested in their as-received condition. OPTION 2 for Paragraph (a) (a) Candidate vehicles are to be obtained from the in-use fleet and their emission control hardware selectively disabled to result in test vehicles which conform to the emission performance requirements defined below. OPTION 1 for Paragraph (b) (b) Candidate vehicles for the test fleet must be screened for their exhaust VOC emissions with the federal test procedure as detailed in 40 CFR part 86, using gasoline conforming to requirements detailed in 40 CFR 86.113- 90. The results are used in accordance with the requirements in Sec. 80.51 to place the vehicles within their respective emitter groups. OPTION 2 for Paragraph (b) (b) Candidate vehicles for the test fleet must be screened for their exhaust VOC emissions with the IM240 short test procedure. The results from the IM240 are converted into comparable results from the standard exhaust FTP to place the vehicles within their respective emitter groups. OPTION 1 for Paragraph (c) Introductory Text (c) On the basis of pretesting in paragraph (b) of this section the test fleet is subdivided into three emitter groups: the normal emitter group, the high emitter group, and the very high and super emitter group. OPTION 2 for Paragraph (c) Introductory Text (c) On the basis of pretesting in paragraph (b) of this section, only normal emitting vehicles can be selected for the test fleet. (1) Each vehicle in the normal emitter group has an exhaust VOC emissions rate which is less than or equal to twice the applicable emissions standard. (2) Each vehicle in the high emitter group has an exhaust VOC emissions rate which is greater than two times, and less than four times the applicable VOC emissions standard. OPTION 1 for Paragraph (c)(3) (3) Each vehicle in the very high and super emitter group has an exhaust VOC emissions rate which is greater than four times the applicable standard. There is no upper bound on the VOC emissions rate for vehicles within this group. OPTION 2 for Paragraph (c)(3) (3) [If disablement is permitted, then the very high and super emitter group will be divided into two groups, with super emitters having exhaust VOC emissions greater than 10 g/mi.] OPTION 1 for Paragraph (d) Introductory Text (d) The test vehicles in each emitter group must conform to the requirements of paragraphs (d) (1), (2), (3), and (4) of this section. OPTION 2 for Paragraph (d) Introductory Text (d) [Very narrowly define the test fleet in order to simplify the statistical compliance criteria: Specify which vehicles are to be LDTs, specify which vehicles types are representative of which emitter category, specify the number of tests and number of vehicles. etc.]. OPTION 1 for Paragraph (d)(1) (1) Test vehicles in each emitter group must be selected from Table 1. Table 1 is arranged in order of descending vehicle priority, such that the order in which vehicles are assigned to an emitter group sub-fleet to satisfy the minimum fleet size requirements must conform to the order in Table 1 (e.g., a five vehicle fleet must consist of the first five vehicles listed in Table 1 and a ten vehicle fleet must consist of the first ten vehicles listed in Table 1). OPTION 2 for Paragraph (d)(1) (1) [Crudely specify the fraction of the test fleet (based on 1990 sales) to consist of the various fuel injection types, catalyst types, EGR, Air, and Manufacturers, without specifying which technologies are grouped together as in Table 1.] Table 1 : Test Vehicle Characteristics Vehicle Fuel Air No. system Catalyst injection GR Manufacturer 1 Multi 3W No Air EGR General Motors. 2 Multi 3W No Air No EGR Ford 3 TBI 3W No Air EGR General Motors 4 Multi 3W No Air EGR Honda 5 Multi 3W+OX Air EGR Ford 6 Multi 3W Air EGR Toyota 7 Multi 3W No Air No EGR General Motors 8 TBI 3W No Air EGR Chrysler 9 Multi 3W No Air EGR Ford 10 TBI 3W Air EGR General Motors 11 TBI 3W+OX Air EGR Chrysler 12 TBI 3W No Air No EGR Honda 13 Multi 3W No Air EGR Toyota 14 Multi 3W No Air No EGR Chrysler 15 TBI 3W No Air EGR Ford 16 Carb 3W+OX Air EGR Toyota 17 Multi 3W No Air EGR General Motors 18 Multi 3W+OX Air EGR General Motors 19 Multi 3W No Air EGR Nissan 20 Multi 3W No Air No EGR Mazda 21 TBI 3W No Air EGR General Motors Legend: Fuel system: Multi=Multi-point fuel injection TBI=Throttle body fuel injection Carb=Carburetted Catalyst: 3W=3-Way catalyst 3W+OX=3-Way catalyst plus an oxidation catalyst Air Injection: Air=Air injection EGR=Exhaust gas recirculation (2) If more vehicles are tested than the minimum number of vehicles within an emitter group, additional vehicles are added to the fleet according to the priority assigned in Table 1, beginning with the next vehicle not already included in the group. The vehicles in the test fleet must be represented in the priority indicated, and must possess the characteristics indicated in the table. If the end of the table is reached in adding vehicles to the fleet and additional vehicles are desired then they shall be added beginning with vehicle number one, and must be added to the fleet in accordance with their order in Table 1. (3) The number of vehicles required in each emitter group must conform to the requirements of paragraphs (d)(3) (i), (ii), and (iii) of this section. (i) The normal emitter group must consist of at least the first 12 [OPTION: 5 vehicles if the second statistical compliance option under Sec. 80.40(d)(1) is utilized] vehicles from the Table 1. If more vehicles are tested, the vehicles must be added in the order indicated by the table beginning with vehicle number 13. (ii) The high emitter group shall consist of at least the first 6 [OPTION: 2 vehicles if the second statistical compliance option under Sec. 80.40(d)(1) is utilized] vehicles from Table 1. If more vehicles are tested the vehicles must be added in the order indicated by the table beginning with vehicle number 7. (iii) The very high and super emitter group will consist of at least the first 7 [OPTION: 3 vehicles if the second statistical compliance option under Sec. 80.40(d)(1) is utilized] vehicles from Table 1. If more vehicles are tested, the vehicles must be added in the order indicated by the table beginning with vehicle number 8. (4) For emitter group sub-fleets of from 5 to 9 vehicles there must be 70+/-11% LDVs and 30+/-11% LDTs. For emitter group sub-fleets 10 vehicles or larger, there must be 70+/-9.5% LDVs, & 30+/-9.5% LDTs. LDTs include light- duty trucks class 1 (LDT1), and light-duty trucks class 2 (LDT2) up to 8500 lbs GVWR. 19. A new Sec. 80.51 is proposed to be added to subpart C to read as follows: Sec. 80.51 Test fleet requirements for evaporative and running loss, and refueling emissions testing. (a) The test vehicles for evaporative, running loss, and refueling emissions testing must conform to the requirements of Sec. 80.49. (b) Evaporative and running loss emission test fleet requirements. (1) The test fleet is to consist of a subset of the vehicles specified in Sec. 80.50. A minimum of 10 properly maintained vehicles must be tested, and a minimum of 10 malfunctioning vehicles as defined in paragraph (b)(3) of this section. Vehicles 1 through 10 in Table 1 of Sec. 80.50(c) must be selected first. These vehicles can be selected from any emitter group as specified in Sec. 80.50(b). If more vehicles are tested, the additional vehicles must be chosen from Table l, in the order presented beginning with vehicle number 11. (2) Vehicles which are to be tested in proper operating condition may have evaporative system hoses, and fittings which are judged to interfere with normal operation replacedwith parts conforming to the original manufacturer's specifications. OPTION 1 for Paragraph (b)(3) Introductory Text (3) Vehicles which are to be tested with a simulated evaporative system malfunction must be modified in the following manner just prior to the diurnal heat build. OPTION 2 for Paragraph (b)(3) Introductory Text (3) [Require pretesting of in-use vehicles to obtain vehicles which are representative of mal-maintained and/or tampered vehicles with high emissions.] OPTION 3 for Paragraph (b)(3) Introductory Text (3) [Require no testing of disabled vehicles, but rather to model their emissions per Sec. 80.36 .] (i) 40+/-9.9 % of the vehicles must have their evaporative canister(s) disconnected at the canister fitting. (ii) 60+/-9.9 % must have their fuel tank(s), and filler tube cap(s) removed. (4) No other vehicle modifications are permitted unless otherwise required. (c) The test fleet for refueling loss emission testing must consist of a subset of the vehicles specified in paragraph Sec. 80.50. A minimum of 5 vehicles with properly maintained evaporative and refueling systems must be tested. Vehicles 1 through 5 in Table 1 of Sec. 80.50(c) must be selected first. These vehicles can be selected from any emitter group as specified in paragraph Sec. 80.50(b). If more vehicles are tested, the additional vehicles must be chosen from Table 1, in the order presented beginning with vehicle number 6. 20. A new 80.52 is proposed to be added to subpart C to read as follows: Sec. 80.52 Calculations to determine reformulated gasoline emission reductions. (a) To determine compliance with the requirements in Sec. 80.40(b), the VOC emissions reduction (VOCRED), air toxic emissions reduction (TOXRED), and the NOx emissions reduction (NOXRED) for the candidate fuel are calculated according to the procedure detailed in this section. (1) The average VOC emissions reduction, (VOCRED), shall be calculated according to the following procedure: (i) If the candidate fuel is tested in comparison with the baseline fuel the following procedure is observed. VOCRED=VOCREDF VOCREDF=The VOC reduction value as calculated according to paragraph (a)(1)(iii) of this section. (ii) If the candidate fuel is tested for fuel parameter certification in comparison with the candidate-baseline fuel then the following procedure is observed. VOCRED=1-((1-VOCREDM)x (1-VOCREDP)) VOCREDP=The VOC reduction value as calculated according to paragraph (a)(1)(iii) of this section. VOCREDM=The VOC reduction value calculated according to Sec. 80.36 for the candidate-baseline fuel relative to the baseline fuel. (iii) The VOC reduction values (VOCREDF AND VOCREDP) shall be calculated according to the following procedure. The calculation illustrated below is for VOCREDF. For VOCREDP substitute VOCREDP for VOCREDF. VOCREDF=(MTOTVOC-CTOTVOC). MTOTVOC CTOTVOC=The candidate fuel's total VOC emissions relative to the reference fuel as calculated in Sec. 80.52 (b). MTOTVOC=(1.99 g/mile), [Note: MOBILE4.1 total VOC emission value] (2) The average air toxic emission reduction, (TOXRED), shall be calculated according to the following procedure: (i) If the candidate fuel is tested in comparison with the baseline fuel the following procedure is observed. TOXRED=TOXREDF TOXREDF=The air toxic emission reduction value as calculated according to paragraph (a)(2)(iii) of this section. (ii) If the candidate fuel is tested for fuel parameter certification in comparison with the candidate baseline fuel then the following procedure is observed. TOXRED=1-((1-TOXREDM)x (1-TOXREDP)) TOXREDP=The air toxic emission reduction value as calculated according to paragraph (a)(2)(iii) of this section. TOXREDM = The air toxic emission reduction value calculated according to Sec. 80.36 for the candidate baseline fuel relative to the baseline fuel. (iii) The air toxic emission reduction values (TOXREDF AND TOXREDP) shall be calculated according to the following procedure. The calculation illustrated below is for TOXREDF. For TOXREDP substitute TOXREDF for TOXREDF. TOXREDF=(MTOTTOX-CTOTTOX). MTOTTOX CTOTTOX=The candidate fuel's total air toxics emissions relative to the reference fuel as calculated in paragraph (c) of this section. MTOTTOX=(62.10 mg/mile), [Note: MOBILE4.1 total air toxic emission value] (3) The average NOx emissions reduction, (NOXRED), shall be calculated according to the following procedure: (i) If the candidate fuel is tested in comparison with the baseline fuel the following procedure is observed. NOXRED=NOXREDF NOXREDF=The NOx reduction value as calculated according to paragraph (a)(3)(iii) of this section (ii) If the candidate fuel is tested for fuel parameter certification in comparison with the candidate baseline fuel then the following procedure is observed. NOXRED=1-((1-NOXREDM)x (1-NOXREDP)) NOXREDP=The NOx reduction value as calculated according to paragraph (a)(3)(iii) of this section. NOXREDM=The NOx reduction value calculated according to Sec. 80.36 for the candidate baseline fuel over the baseline fuel. (iii) The NOx reduction values (NOXREDF AND NOXREDP) shall be calculated according to the following procedure. The calculation illustrated below is for NOXREDF. For NOXREDP substitute NOXREDP for NOXREDF. NOXREDF=(MTOTNOX-CTOTNOX). MTOTNOX CTOTNOX=The candidate fuel's total NOx emissions relative to the reference fuel as calculated in paragraph (d) of this section. MTOTNOX=(0.82 g/mile), [Note: MOBILE4.1 total NOx emission value] (b) The candidate fuel total VOC emissions value which is compared to the prescribed MOBILE4.1 value (MTOTVOC) in paragraph(a)(1) of this section to determine the average percent reduction in emissions (VOCRED), is calculated as detailed below. [Note: The exhaust VOC emissions are summed for all emitter groups (normal, high, very high and super). The evaporative VOC emissions are summed for the pass, purge fail, and pressure fail groups. The running loss VOC emissions are also summed for the pass, purge fail, and pressure fail groups. These sums are added to the refueling VOC emissions to produce the value of the candidate fuel total VOC emissions.] CTOTVOC=EXHVOC+EVPVOC+RLVOC+REFVOC CTOTVOC=Candidate fuel total VOC emissions EXHVOC=The total exhaust VOC emissions for all of the emitter groups as calculated in paragraph (b)(1) of this section. EVPVOC=The total evaporative VOC emissions for all of the emitter groups as calculated in paragraph (b)(2) of this section. RLVOC=The total running loss VOC emissions for all of the emitter groups as calculated in paragraph (b)(3) of this section. REFVOC=The total refueling VOC emissions for all of the emitter groups as calculated in paragraph (b)(4) of this section. (1) The total exhaust VOC emissions for all of the emitter groups is calculated as follows: EXHVOC=(CEXHNVOC.REXHNVOC) x(MEXHNVOC)+(CEXHHVOC. REXHHVOC)x(MEXHHVOC)+ (CEXHSVOC.REXHSVOC)x (MEXHSVOC) EXHVOC=The total exhaust VOC emissions for all emitter groups CEXHNVOC=The average exhaust VOC emissions from the normal emitter group, using the candidate fuel as calculated per Sec. 80.52(e). CEXHHVOC=The average exhaust VOC emissions from the high emitter group, using the candidate fuel as calculated per Sec. 80.52(e). CEXHSVOC=The average exhaust VOC emissions from the very high and super emitter group, using the candidate fuel as calculated per Sec. 80.52(e). REXHNVOC=The average exhaust VOC emissions from the normal emitter group, using the reference [baseline or candidate-baseline] fuel as calculated per Sec. 80.52(e). REXHHVOC=The average exhaust VOC emissions from the high emitter group, using the reference [baseline or candidate baseline] fuel as calculated per Sec. 80.52(e). REXHSVOC=The average exhaust VOC emissions from the very high and super emitter group, using the reference [baseline or candidate-baseline] fuel as calculated per Sec. 80.52(e). MEXHNVOC=(0.29 g/mile)=MEXHVOCx(0.49), [Note: (Exhaust VOC contribution for the normal emitters)=(MOBILE4.1 total exhaust VOC value)x(Fraction of total emissions inventory attributed to normal emitters)]. MEXHHVOC=(0.13 g/mile)=MEXHVOCx(0.23), [Note: (Exhaust VOC contribution for the high emitters)=(MOBILE4.1 total exhaust VOC value)x(Fraction of total emissions inventory attributed to high emitters)]. MEXHSVOC=(0.16 g/mile)=MEXHVOCx(0.28), [Note: (Exhaust VOC contribution for the very high and super emitters)=(MOBILE4.1 total exhaust VOC value)x(Fraction of total emissions inventory attributed to very high and super emitters)]. MEXHVOC=(0.58 g/mile), [Note: MOBILE4.1 total exhaust VOC value]. (2) The total evaporative VOC emissions is calculated as follows: EVPVOC=(CEVPPVOC.REVPPVOC)x (MEVPPVOC) +(CEVPCVOC.REVPCVOC)x (MEVPCVOC) +(CEVPTVOC.REVPTVOC)x (MEVPTVOC) EVPVOC=The total evaporative VOC emissions. CEVPPVOC=The average evaporative VOC emissions from the passing group, using the candidate fuel as calculated per Sec. 80.52 (e). CEVPCVOC=The average evaporative VOC emissions from the purge test fail group, using the candidate fuel as calculated per Sec. 80.52 (e). CEVPTVOC=The average evaporative VOC emissions from the pressure test fail group, using the candidate fuel as calculated per Sec. 80.52 (e). REVPPVOC=The average evaporative VOC emissions from the passing group, using the reference [baseline or candidate baseline] fuel as calculated per Sec. 80.52 (e). REVPCVOC=The average evaporative VOC emissions from the purge test fail group, using the reference [baseline or candidate baseline] fuel as calculated per Sec. 80.52 (e). REVPTVOC=The average evaporative VOC emissions from the pressure test fail group, using the reference [baseline or candidate baseline] fuel as calculated per Sec. 80.52 (e). MEVPPVOC=(0.16 g/mile), [Note: Evaporative VOC contribution for the passing group]. MEVPCVOC=(0.18 g/mile), [Note: MOBILE4.1 evaporative VOC contribution for the purge test fail group]. MEVPTVOC=(0.47 g/mile), [Note: MOBILE4.1 evaporative VOC contribution for the pressure test fail group]. [Note: MOBILE4.1 total evaporative VOC value=(0.81 g/mile)] (3) The total running loss VOC emissions is calculated as follows: RLVOC=(CRLPVOC.RRLPVOC)x (MRLPVOC)+(CRLCVOC. RRLCVOC)x(MRLCVOC)+ (CRLTVOC.RRLTVOC)x (MRLTVOC) RLVOC=The total evaporative VOC emissions. CRLPVOC=The average running loss VOC emissions from the passing group, using the candidate fuel as calculated per Sec. 80.52 (e). CRLCVOC=The average running loss VOC emissions from the purge test fail group, using the candidate fuel as calculated per Sec. 80.52 (e). CRLTVOC=The average running loss VOC emissions from the pressure test fail group, using the candidate fuel as calculated per Sec. 80.52 (e). RRLPVOC=The average running loss VOC emissions from the passing group, using the reference [baseline or candidate baseline] fuel as calculated per Sec. 80.52 (e). RRCVOC=The average running loss VOC emissions from the purge test fail group, using the reference [baseline or candidate baseline] fuel as calculated per Sec. 80.52 (e). RRLTVOC=The average running loss VOC emissions from the pressure test fail group, using the reference [baseline or candidate baseline] fuel as calculated per Sec. 80.52 (e). MRLPVOC=(0.22 g/mile), [Note: MOBILE4.1 running loss VOC contribution for the passing group]. MRLCVOC=(0.18 g/mile), [Note: MOBILE4.1 running loss VOC contribution for the purge test fail group]. MRLTVOC=(0.13 g/mile), [Note: MOBILE4.1 running loss VOC contribution for the pressure test fail group]. [Note: MOBILE4.1 total running loss VOC value=(0.53 g/mile)]. (4) The total refueling loss VOC emissions is calculated as follows: REFVOC=(CREFVOC.RREFVOC)x (MREFVOC). REFVOC=The total refueling loss VOC emissions. CREFVOC=The average refueling loss VOC emissions using the candidate fuel, as calculated per Sec. 80.52 (e). RREFVOC=The average refueling loss VOC emissions using the reference [baseline or candidate baseline] fueI, as calculated per Sec. 80.52 (e). MREFVOC=(0.07 g/mile), [Note: MOBILE4.1 refueling loss VOC contribution] (c) The candidate fuel total air toxic emissions value which is compared to the prescribed MOBILE4.1 value (MTOTTOX) in paragraph (a)(2) of this section, to determine the percent reduction in emissions (TOXRED), is calculated as detailed below. [Note: The exhaust benzene, 1-3 butadiene, formaldehyde, and acetaldehyde emissions are summed for each emitter group, (normal, high, very high and super). The evaporative benzene emissions are summed for the pass, purge fail, and pressure fail groups. The running loss benzene emissions are also summed for the pass, purge fail, and pressure fail groups. These sums are added to the refueling benzene emissions, and the POM constant to produce the value of the candidate fuel total air toxic emissions.] CTOTTOX=EXHBEN+EVPBEN+ RLBEN+REFBEN+BUTA+ FORM+ACET+POM CTOTTOX=Candidate fuel total air toxic emissions EXHBEN=The average exhaust benzene emissions as calculated in paragraph (c)(1) of this section. EVPBEN=The average evaporative benzene emissions as calculated in paragraph (c)(2) of this section. RLBEN=The average running loss benzene emissions as calculated in paragraph (c)(3) of this section. REFBEN=The average refueling loss benzene emissions as calculated in paragraph (c)(4) of this section. BUTA=The average 1-3 butadiene emissions as calculated in paragraph (c)(5) of this section. FORM=The average formaldehyde emissions as calculated in paragraph (c)(6) of this section. ACET=The average acetaldehyde emissions as calculated in paragraph (c)(7) of this section. POM=(1.4 mg/mile), [Note: Polycyclic organic matter emissions taken as constant]. (1) The total exhaust benzene emission value for all of the emitter groups is calculated as follows. This procedure is valid for calculations involving the reference fuel, [baseline or candidate baseline fuel]. EXHBEN=(CEXHNBEN. REXHNBEN)x(MEXHNBEN)+ (CEXHHBEN.REXHHBEN)x (MEXHHBEN)+(CEXHSBEN. REXHSBEN)x(MEXHSBEN) EXHBEN=The total exhaust benzene emission for all three emitter groups. CEXHNBEN=The average exhaust benzene emissions from the normal emitter group, using the candidate fuel as calculated per Sec. 80.52 (e). CEXHHBEN=The average exhaust benzene emissions from the high emitter group, using the candidate fuel as calculated per Sec. 80.52 (e). CEXHSBEN=The average exhaust benzene emissions from the very high and super emitter group, using the candidate fuel, as calculated per Sec. 80.52 (e). REXHNBEN=The average exhaust benzene emissions from the normal emitter group, using the reference fuel as calculated per Sec. 80.52 (e). REXHHBEN=The average exhaust benzene emissions from the high emitter group, using the reference fuel as calculated per Sec. 80.52 (e). REXHSBEN=The average exhaust benzene emissions from the very high and super emitter group, using the reference fuel, as calculated per Sec. 80.52 (e). MEXHNBEN=(16.98 mg/mile)=MEXHBENx(0.49), [(Note: Exhaust benzene contribution for the normal emitters)=(Total exhaust benzene value)x(Fraction of total emissions inventory attributed to normal emitters)] MEXHHBEN=(7.97 mg/mile)=MEXHBENx(0.23), [(Note: (Exhaust benzene contribution for the high emitters)=(Total exhaust benzene value)x(Fraction of total emissions inventory attributed to high emitters)]. MEXHSBEN=(9.70 mg/mile)=MEXHBENx(0.28), [Note: (Exhaust benzene contribution for the very high and super emitters)=(Total exhaust benzene value)x(Fraction of total emissions inventory attributed to very high and super emitters)]. MEXHBEN=(34.65 mg/mile) [Note: Total exhaust benzene value] (2) The total evaporative benzene emission is calculated as follows. This procedure is valid for calculations involving the reference fuel, [baseline or candidate baseline fuel]. EVPBEN=(CEVPPBEN.REVPPBEN)x (MEVPPBEN)+(CEVPCBEN. REVPCBEN)x(MEVPCBEN)+ (CEVPTBEN.REVPTBEN)x (MEVPTBEN) EVPBEN=The total evaporative benzene emission CEVPPBEN=The average evaporative benzene emissions from the passing group, using the candidate fuel as calculated per Sec. 80.52 (e). CEVPCBEN=The average evaporative benzene emissions from the purge test fail group, using the candidate fuel as calculated per Sec. 80.52 (e). CEVPPBEN=The average evaporative benzene emissions from the pressure test fail group, using the candidate fuel as calculated per Sec. 80.52 (e). REVPPBEN=The average evaporative benzene emissions from the passing group, using the reference fuel, as calculated per Sec. 80.52 (e). REVPCBEN=The average evaporative benzene emissions from the purge test fail group, using the reference fue1 ascalculated per Sec. 80.52 (e). REVPTBEN=The average evaporative benzene emissions from the pressure test fail group, using the reference fuel as calculated per Sec. 80.52 (e). MEVPPBEN=(1.71 mg/mile)=MEVPBENx(0.19), [Note: (Evaporative benzene emission contribution for the passing group)=(Total evaporative benzene value)x(Fraction of evaporative emissions attributed to the passing group)]. MEVPCBEN=(2.07 mg/mile)=MEVPBENx(0.23), [Note: (Evaporative benzene emission contribution for the purge test fail group)=(Total evaporative benzene value)x(Fraction of evaporative emissions attributed to the purge fail group)]. MEVPTBEN=(5.21 mg/mile)=MEVPBENx(0.28), [Note: (Evaporative benzene emission contribution for the pressure test fail group)=(Total evaporative benzene value)x(Fraction of evaporative emissions attributed to the pressure fail group)]. MEVPBEN=(8.99 mg/mile), [Note: (Total evaporative benzene value)]. (3) The total running loss benzene emission is calculated as follows. This procedure is valid for calculations involving the reference fuel, [baseline or candidate baseline fuel]. RLBEN=(CRLPBEN.RRLPBEN)x (MRLPBEN)+(CRLCBEN. RRLCBEN)x(MRLCBEN)+ (CRLTBEN.RRLTBEN)x (MRLTBEN) RLBEN=The total running loss benzene emission. CRLPBEN=The average running loss benzene emissions from the passing group, using the candidate fuel as calculated per Sec. 80.52(e). CRLCBEN=The average running loss benzene emissions from the purge test fail group, using the candidate fuel as calculated per Sec. 80.52(e). CRLTBEN=The average running loss benzene emissions from the pressure test fail group, using the candidate fuel as calculated per Sec. 80.52(e). RRLPBEN=The average running loss benzene emissions from the passing group, using the reference fuel, as calculated per Sec. 80.52(e). RRLCBEN=The average running loss benzene emissions from the purge test fail group, using the reference fuel as calculated per Sec. 80.52(e) . RRLTBEN=The average running loss benzene emissions from the pressure test fail group, using the reference fuel as calculated per Sec. 80.52(e). MRLPBEN=(2.48 mg/mile)=MRLBENx(0.41), [Note: (Running loss benzene emission contribution for the passing group)= (Total evaporative benzene value)x(Fraction of running loss emissions attributed to the passing group)]. MRLCBEN=(2.06 mg/mile)=MRLBENx(0.34), [Note: (Running loss benzene emission contribution for the purge test fail group) =(Total evaporative benzene value)x(Fraction of running loss emissions attributed to the passing group)]. MRLTBEN=(1.51 mg/mile)=MRLBENx(0.25), [Note: (Running loss benzene emission contribution for the pressure test fail qroup)=(Total evaporative benzene value)x(Fraction of running loss emissions attributed to the passing group)]. MRLBEN=(6.05 mg/mile), [Note: Total evaporative benzene value]. (4) The total refueling loss benzene emission is calculated as follows. This procedure is valid for calculations involving the reference fuel, [baseline or candidate baseline fuel]. REFBEN=(CREFBEN.RREFBEN)x (MRFFBEN). REFBEN=The total refueling loss benzene emission. CREFBEN=The average refueling loss benzene emission using the candidate fuel, as calculated per Sec. 80.52(e). RREFBEN=The average refueling loss benzene emission using the reference fuel, as calculated per Sec. 80.52(e). MREFBEN=(0.74), [Note: Refueling loss benzene contribution]. (5) The total 1-3 butadiene emission value for all of the emitter groups, (normal, high, very high and super), is calculated as follows. This procedure is valid for calculations involving the reference fuel, [baseline or candidate baseline fuel]. BUTA=(CNBUTA.RNBUTA)x (MNBUTA)+(CHBUTA. BHBUTA)x(MHBUTA)+ (CSBUTA.BSBUTA)x (MSBUTA) BUTA=The total 1-3 butadiene emission for all three emitter groups. CNBUTA=The average 1-3 butadiene emission from the normal emitter group, using the candidate fuel as calculated per Sec. 80.52(e). CHBUTA=The average 1-3 butadiene emission from the high emitter group, using the candidate fuel as calculated per Sec. 80.52(e). CSBUTA=The average 1-3 butadiene emission from the very high and super emitter group, using the candidate fuel as calculated per Sec. 80.52(e). RNBUTA=The average 1-3 butadiene emission from the normal emitter group, using the reference fuel as calculated per Sec. 80.52(e). RHBUTA=The average 1-3 butadiene emission from the high emitter group, using the reference fuel as calculated per Sec. 80.52(e). RSBUTA=The average 1-3 butadiene emission from the very high and super emitter group, using the reference fuel, as calculated per Sec. 80.52(e). MNBUTA=(1.11 mg/mile)=MBUTAx(0.49), [Note: (1-3 butadiene emission contribution for the normal emitters)=(Total 1-3 butadiene emission value)x(Fraction of total emissions inventory attributed to normal emitters)]. MHBUTA=(0.52 mg/mile)=MBUTAx(0.23), [Note: (1-3 butadiene emission contribution for the high emitters)=(Total 1-3 butadiene emission value)x(Fraction of total emissions inventory attributed to high emitters)]. MSBUTA=(0.63 mg/mile)=MBUTAx(0.28), [Note: (.1-3 butadiene emission contribution for the very high and super emitters) =(Total 1-3 butadiene emission value)x(Fraction of total emissions inventory attributed to very high and super emitters)]. MBUTA=(2.26 mg/mile), [Note: Total 1-3 butadiene emission value]. (6) The total formaldehyde emission value for all of the emitter groups, (normal, high, very high and super), is calculated as follows. This procedure is valid for calculations involving the reference fuel, [baseline or candidate baseline fuel]. FORM=(CNFORM.RNFORM)x (MNFORM)+(CHFORM. RHFORM)x(MHFORM)+ (CSFORM.RSFORM)x (MSFORM) FORM=The total formaldehyde emission for all three emitter groups. CNFORM=The average formaldehyde emission from the normal emitter group, using the candidate fuel as calculated per Sec. 80.52(e). CHFORM=The average formaldehyde emission from the high emitter group, using the candidate fuel as calculated per Sec. 80.52(e). CSFORM=The average formaldehyde emission from the very high and super emitter group, using the candidate fuel as calculated per Sec. 80.52(e). RNFORM=The average formaldehyde emission from the normal emitter group, using the reference fuel as calculated per Sec. 80.52(e). RHFORM=The average formaldehyde emission from the high emitter group, using the reference fuel as calculated per Sec. 80.52(e). RSFORM=The average formaldehyde emission from the very high and super emitter group, using the reference fuel, as calculated per Sec. 80.52(e). MNFORM=(2.30 mg/mile)=MFORMx(0.49) [Note: (Formaldehyde emission contribution for the normal emitters)=(Total formaldehyde emission value)x(Fraction of total emissions inventory attributed to normal emitters)]. MHFORM=(1.08 mg/mile)=MFORMx(0.23) [Note: (Formaldehyde emission contribution for the high emitters)=(Total formaldehyde emission value)x(Fraction of total emissions inventory attributed to high emitters)]. MSFORM=(1.32 mg/mile)=MFORMx(0.28) [Note: (Formaldehyde emission contribution for the very high and super emitters) = (Total formaldehyde emission value)x(Fraction of total emissions inventory attributed to very high and super emitters)]. MFORM=(4.70 mg/mile)=[Note: Total formaldehyde emission value]. (7) The total acetaldehyde emission value for all of the emitter groups (normal, high, very high and super), is calculated as follows. This procedure is valid for calculations involving the reference fuel [baseline or candidate baseline fuel]. ACET=(CNACET.RNACET)x (MNACET)+(CHACET. RHACET)x(MHACET)+ (CSACET.RSACET)x (MSACET) ACET=The total acetaldehyde emission for all three emitter groups. CNACET=The average acetaldehyde emission from the normal emitter group, using the candidate fuel as calculated per Sec. 80.52(e). CHACET=The average acetaldehyde emission from the high emitter group, using the candidate fuel as calculated per Sec. 80.52(e). CSACET=The average acetaldehyde emission from the very high and super emitter group, using the candidate fuel as calculated per Sec. 80.52(e). RNACET=The average acetaldehyde emission from the normal emitter group, using the reference fuel as calculated per Sec. 80.52(e). RHACET=The average acetaldehyde emission from the high emitter group, using the reference fuel as calculated per Sec. 80.52(e). RSACET=The average acetaldehyde emission from the very high and super emitter group, using the reference fuel, as calculated per Sec. 80.52(e). MNACET=(1.62 mg/mile)=MACETx(0.49) [Note: (Acetaldehyde emission contribution for the normal emitters)=(Total acetaldehyde emission value)x(Fraction of total emissions inventory attributed to normal emitters)]. MHACET=(0.76 mg/mile)=MACETx(0.23) [Note: (Acetaldehyde emission contribution for the high emitters)=(Total acetaldehyde emission value)x(Fraction of total emissions inventory attributed to high emitters)]. MSACET=(0.93 mg/mile)=MACETx(0.28) [Note: (Acetaldehyde emission contribution for the very high and super emitters)=(Total acetaldehyde emission value)x(Fraction of total emissions inventory attributed to very high and super emitters)]. MACET=(3.31 mg/mile) [Note: (Total acetaldehyde emission value)]. (d) The candidate fuel NOx emissions reference value which is compared to the prescribed MOBILE4.1 value (MTOTNOX) in paragraph (a)(3) of this section, to determine the percent reduction in emissions. (NOXRED), is calculated as detailed below. [Note: The NOx emission values for all three emitter groups is summed to produce the candidate fuel total NOx reference value. This procedure is valid for calculations involving the reference fuel (baseline or candidate baseline fuel).] CTOTNOX=(CNNOX.RNNOX)x(MNNOX)+(CHNOX.RHNOX)x(MHNOX)+(CSNOX.RSNOX)x(MSNOX) CTOTNOX=The total candidate fuel NOx emissions value. CNNOX=The average of NOx emissions from the normal emitter group, using the candidate fuel as calculated per Sec. 80.47(e). CHNOX=The average of NOx emissions from the high emitter group, using the candidate fuel as calculated per Sec. 80.47(e). CSNOX=The average of NOx emissions from the very high and super emitter group, using the candidate fuel as calculated per Sec. 80.52(e). RNNOX=The average of NOx emissions from the normal emitter group, using the reference [baseline or candidate baseline] fuel as calculated per Sec. 80.52(e). RHNOX=The average of NOx emissions from the high emitter group, using the reference [baseline or candidate baseline] fuel, as calculated per Sec. 80.52(e). RSNOX=The average of NOx emissions from the very high and super emitter group, using the reference [baseline or candidate baseline] fuel, as calculated per Sec. 80.52(e). MNNOX=(0.402 g/mile)=MNOXx(0.49) [Note: (NOx emissions contribution for the normal emitter group)=(MOBILE4.1 total NOx emission value)x(Fraction of total emissions inventory attributed to normal emitters)]. MHNOX=(0.188 g/mile)=MNOXx(0.23) [Note: NOx emissions contribution for the high emitter group=(MOBILE4.1 total NOx emission value)x(Fraction of total emissions inventory attributed to high emitters)]. MVHSNOX=(0.230 g/mile)=MNOXx(0.28) [Note: (NOx emissions contribution for the very high and super emitter group)=(MOBILE4.1 total NOx emission value)x(Fraction of total emissions inventory attributed to very high and super emitters)]. MNOX=(0.82 g/mile) [Note: MOBILE4.1 total NOx emission value]. (e) Calculations of average emissions values shall follow the procedure detailed in paragraphs (e)(1) through (e)(2). (1) The following applies for exhaust, running loss, and refueling emissions testing. For each pollutant, the emissions measurements are totaled for the group of vehicles under consideration. These totals are divided by the number of vehicles within the group, to produce the average emission value used in the calculations in paragraphs (a) through (d) of this section. (2)(i) The total evaporative emissions (TOTEVAP) for each pollutant and each vehicle tested, is calculated as follows: TOTEVAP=(4.37xHS+DI).28.39 HS=Hot soak and permeation loss emission. DI=Diurnal emissions calculated in paragraph (e)(2)(ii) of this section. (ii) The total diurnal emission is calculated from the 7 separate diurnal emissions measurements as follows: TOTDI=(0.43xPDI)+ (0.34xFDI)+(0.078xDDI)+ (0.037xTDI)+(0.021x WDI)+(.014xXDI)+ (.008xYDI)+(.003xZDI) TOTDI=Total diurnal VOC emissions. PDI=Emission measurement from partial diurnal test. FDI=Emission measurement from full diurnal test. DDI=Emission measurement from double diurnal test. TDI=Emission measurement from triple diurnal test. WDI=Emission measurement from fourth diurnal test. XDI=Emission measurement from fifth diurnal test. YDI=Emission measurement from sixth diurnal test. ZDI=Emission measurement from seventh diurnal test. OPTION 1 for Paragraph (f) (f) The standard deviation shall be calculated according to the procedure in this paragraph. A Monte Carlo type approach shall be employed whereby a random number generator of the standard normal variate is used to randomly select the standard deviation coinciding with the means for each of the emission categories to calculate the total VOC, NOx, and total toxics emissions from the candidate fuel. The upper and/or lower confidence limits shall be determined based on 1000 random samplings of this data. OPTION 2 for Paragraph (f) (f) [Calculate the combined variances with an analytical method whereby the variances are summed with weightings appropriate for each emission subcategory. Employ a standard student t-test to determine 90 percent confidence limits around the mean emissions reduction.] 21. Section 80.53 is added and reserved. Sec. 80.53 [Reserved] 22. Section 80.54 is added and reserved. Sec. 80.54 [Reserved] 23. Section 80.55 is added to read as follows: Sec. 80.55 Averaging periods. OPTION 1 for Sec. 80.55 The averaging periods for determining compliance with these regulations and for determining credits or debits for reformulated gasoline shall consist of each calendar month. OPTION 2 for Sec. 80.55 The averaging period for oxygen and benzene content and VOCs, toxics and NOx emissions performance shall be each calendar year. OPTION 3 for Sec. 80.55 The averaging period for oxygen and benzene content and VOCs, toxics and NOx emissions performance shall be each calendar quarter. OPTION 4 for Sec. 80.55 The averaging period for oxygen, benzene, toxics and NOx emissions performance shall be each calendar year. The averaging period for VOC performance shall be the period April 1 through September 30 of each calendar year. 24. Section 80.56 is added to read as follows: Sec. 80.56 Geographic scope of covered areas. The requirements of the reformulated gasoline program apply to each of the following areas: (a) Los Angeles-Anaheim-Riverside, California CMSA: Counties of Los Angeles, Orange, Riverside, San Bernadino, and Ventura. (b) Houston-Galveston-Brazoria, Texas CMSA: Counties of Brazoria, Galveston, Harris, Fort Bend, Liberty, Montgomery, and Waller. (c) New York-Northern New Jersey-Long Island, Connecticut CMSA: New York: Counties of Bronx, Kings, Nassau, New York, Queens, Richmond, Rockland, Suffolk, Westchester, Orange and Putnam. New Jersey: Counties of Bergen, Passaic, Hudson, Hunterdon, Middlesex, Somerset, Monmouth, Ocean, Essex, Morris, Sussex, and Union. Connecticut: Counties of Fairfield, New Haven, Litchfield, and Stamford. (d) Baltimore, Maryland MSA: Counties of Anne Arundel, Baltimore, Carroll, Harford, Howard, Queen Annes, and the cities of Annapolis and Baltimore. (e) Chicago-Gary-Lake County, Illinois-Indiana-Wisconsin CMSA: Illinois: Counties of Cook, Du Page, Kane, Kendall, and Joliet. Indiana: Counties of Lake and Porter. Wisconsin: Kenosha County. (f) San Diego, California MSA: San Diego County. (g) Philadelphia-Wilmington-Trenton CMSA: Delaware: New Castle County. Pennsylvania: Counties of Bucks, Chester, Delaware, Montgomery, and the city of Philadelphia. Maryland: Cecil County. New Jersey: Counties of Burlington, Camden, Gloucester, Mercer, Cumberland, and Salem. (h) Hartford-New Britain-Middletown, Connecticut CMSA: Counties of Hartford, Middlesex, Tolland and New London. (i) Milwaukee-Racine, Wisconsin CMSA: Counties of Milwaukee, Ozaukee, Racine, Waukesha, and Washington. In addition to the nine covered areas listed in paragraphs (a) through (i) of this section, any of the ozone nonattainment areas may be included on the petition of the governor of the state in which the area is located. 25. Section 80.57 is added to read as follows: Sec. 80.57 Calculation of reformulated gasoline characteristics. All volume measurements in this section shall be adjusted to 60 degrees Fahrenheit, as determined by API gravity. Furthermore, the percentage of oxygen by weight contained in a gasoline blend, based upon its percentage oxygenate by volume, shall exclude denaturants and other nonoxygen-containing components. OPTION l for Sec. 80.57 Introductory Text The characteristics of reformulated gasoline consist of the values of five distinct per gallon parameters--oxygen, benzene, toxics, volatile organic compounds (VOC) and NOx. OPTION 2 for Sec. 80.57 Introductory Text The characteristics of reformulated gasoline consist of the values of four distinct per gallon parameters--oxygen, benzene, toxics, and volatile organic compounds (VOC). OPTION 3 for Sec. 80.57 Introductory Text The characteristics of reformulated gasoline consist of the values of three distinct per gallon parameters--oxygen, benzene, and toxics. OPTION 4 for Sec. 80.57 Introductory Text The characteristics of reformulated gasoline consist of the values of two distinct per gallon parameters--oxygen and benzene. OPTION 5 for Sec. 80.57 Introductory Text The characteristics of reformulated gasoline consist of two distinct per gallon values--oxygen and benzene content. OPTION 6 for Sec. 80.57 Introductory Text The characteristics of reformulated gasoline consist of three distinct per gallon values--oxygen and benzene content and toxics. OPTION 7 for Sec. 80.57 Introductory Text The characteristics of reformulated gasoline consist of four distinct per gallon values--oxygen and benzene content, and toxics and VOC value. OPTION 8 for Sec. 80.57 Introductory Text The characteristics of reformulated gasoline consist of five distinct per gallon values--oxygen and benzene content, and toxics, VOC and NOx value. (a) Per gallon oxygen content shall be determined by determining the weight percent oxygen of a representative sample of gasoline, using the method set forth in Sec. 80.39 (d). The total oxygen content associated with a batch of gasoline is calculated by multiplying the weight percent oxygen content times the volume. (b) Per gallon benzene content shall be determined by determining the volume percent benzene of a representative sample of a batch of gasoline by the method set forth in Sec. 80.39 (c). The total benzene content associated with a batch of gasoline is calculated by multiplying the volume percent benzene content times the volume. OPTION for Paragraph (c) (c) Per gallon values for toxics, VOC and NOx emissions shall be established through use of the emissions model at Sec. 80.36(a) or Sec. 80.35(b). The model yields the per gallon toxics, VOC and NOx emissions values, in milligrams per mile for VOC and toxics, and in ppm for NOx. The vehicle testing methodology, at Sec. 80.36(b) or Sec. 80.37(b) is an alternative means of determining per gallon toxics, VOC and NOx emissions values. The total toxics, VOC and NOx emissions values associated with a batch of gasoline is calculated by multiplying the per gallon values times the volume. 26. Section 80.58 is added to read as follows: Sec. 80.58 Requirements of refiners and importers. (a) Standards. Every refiner or importer must comply with the following requirements for each gallon of gasoline produced or imported after December 1, 1994: (1) Every gallon of gasoline shall be designated by the refiner or importer as either reformulated or conventional gasoline. (2) Gasoline classified as reformulated shall conform to a certificate issued under Sec. 80.35. (3) The reformulated gasoline characteristics of each gallon of reformulated gasoline produced or imported shall be determined by the refiner or importer pursuant to Sec. 80.57. (4) For any gasoline produced or imported which is not designated as reformulated gasoline, the refiner or importer shall add 100 ppb of phenolphthalein and conduct the test, as specified in Sec. 80.39(g), for the presence of phenolphthalein. Gasoline which contains this marker shall be considered conventional gasoline not intended to be a part of the reformulated gasoline program. (5) In the case of reformulated gasoline produced pursuant to a certificate issued under Sec. 80.35 that requires credit-generated gasoline to be produced in a certain ratio to credit-requiring gasoline, the refiner shall ensure that the credit-generating and requiring gasolines are produced in the proper ratio or in a ratio that results in more credits than debits being generated. (b) Record keeping. (1) For all gasoline produced or imported, the refiner or importer shall maintain the following records: (i) Results of the tests required in Sec. 80.57; and (ii) The volume of gasoline associated with each of the above test results using the method normally employed at the refinery or import facility for this purpose; and (iii) In the case of reformulated gasoline produced pursuant to a certificate issued under Sec. 80.35 that requires credit-generating gasoline to be produced in a certain ratio to credit-requiring gasoline, if the credit-generating gasoline is being produced by another refiner or importer, the name of that refiner and importer and a copy of the agreement between the refiners and importers to produce sufficient quantities of credit-generating gasoline. OPTION 1 for Paragraph (b)(2) (2) For a period of five years from the date the gasoline is produced or imported, every refiner or importer shall retain the documents required in Sec. 80.57(e)(1) and deliver such documents to the Administrator of EPA upon the request of the Administrator or the Administrator's designated representative. OPTION 2 for Paragraph (b)(2) (2) For a period of three years from the date the gasoline is produced or imported, every refiner or importer shall retain the documents required in Sec. 80.57(e)(1) and deliver such documents to the Administrator of EPA upon the request of the Administrator or the Administrator's designated representative. OPTION 3 for Paragraph (b)(2) (2) For a period of two years from the date the gasoline is produced or imported, every refiner or importer shall retain the documents required in Sec. 80.57(e)(1) and deliver such documents to the Administrator of EPA upon the request of the Administrator or the Administrator's designated representative. 27. Section 80.59 is added to read as follows: Sec. 80.59 Controls applicable to covered area responsible parties. Every covered area responsible party must comply with the following requirements beginning January l, l995: (a) Year round standard. (1) During each averaging period, all gasoline dispensed into trucks for delivery shall achieve on average the following standards, as determined separately for each covered area: (i) An oxygen content (by weight) of at least 2.0 percent; (ii) A benzene content (by volume) of not more than 1.0 percent; and OPTION for Paragraph (a)(1)(iii) (iii) An emissions effect value for toxics of not more than [51.3] milligrams per mile. OPTION for Paragraph (a)(1)(iv) (iv) An emissions effect value for NOx of not more than xx ppm. OPTION 1 for paragraph (b) (b) High ozone season standard. During each averaging period which begins between April 1 and September 30, all reformulated gasoline dispensed into trucks for delivery to the covered area shall achieve on average, in addition to the standards in paragraph (a) of this section, an emissions effect for volatile organic compounds of not more than 1.75 [1.48] gram per mile. OPTION 2 for Paragraph (b) (b) High ozone season standard. During each averaging period which begins between April 1 and September 30, all reformulated gasoline dispensed into trucks for delivery to the covered area shall achieve on a per-gallon basis, in addition to the standards in paragraph (a) of this section, an emissions effect for volatile organic compounds of not more than 1.75 [1.48] gram per mile. OPTION for Paragraph (c) (c) Per-gallon standards. Additionally, all gasoline dispensed into trucks for delivery to the covered area shall achieve on a per-gallon basis the following minimum or maximum standards for: OPTION 1 for Paragraph (c)(1) (1) An oxygen content (by weight) of at least 1.5 percent; OPTION 2 for Paragraph (c)(1) (1) An oxygen content (by weight) of at least 2.0 percent; OPTION 3 for Paragraph (c)(1) (1) An oxygen content (by weight) of at least 1.0 percent; OPTION 1 for Paragraph (c)(2) (2) A benzene content (by volume) of not more than 1.5 percent; and OPTION 2 for Paragraph (c)(2) (2) A benzene content (by volume) of not more than 2.0 percent; and OPTION for Paragraph (c)(3) (3) An emissions effect for toxics of not more than [55.0] milligrams per mile. (d) Compliance calculation. To determine compliance with the standards in Sec. 80.59 (a) and (b), the covered area responsible party shall, for each averaging period and for each covered area: (1) Calculate the total volume of reformulated gasoline; OPTION 1 for Paragraph (d)(2) (2) Calculate the complying total content of oxygen and benzene by multiplying the total volume times the applicable standard; OPTION 2 for Paragraph (d)(2) (2) Calculate the complying total content of oxygen and benzene and the total complying value for toxics, VOC and NOx by multiplying the total volume times the applicable standard; OPTION 1 for Paragraph (d)(3) (3) Calculate the actual total content of oxygen and benzene by adding the batch values for these parameters for all of the batches which comprise the total volume; OPTION 2 for Paragraph (d)(3) (3) Calculate the actual total content of oxygen and benzene and the actual total value for toxics, VOC and NOx by adding the batch values for these parameters for all of the batches which comprise the total volume; (4) For each parameter, compare the actual total with the complying total; OPTION 1 for Paragraph (d)(5) (5) If the actual total oxygen is greater than the complying total, or if the actual total benzene is less than the complying totals, credits for these parameters are generated: OPTION 2 for Paragraph (d)(5) (5) If the actual total oxygen is greater than the complying total, or if the actual total benzene, toxics, or VOC, or NOx is less than the complying totals, credits for these parameters are generated: (i) The total number of oxygen credits which may be used or traded to another CAR is calculated by multiplying the oxygen total calculated in Sec. 80.57 by [100-factor to be determined] percent; (ii) The total number of benzene credits which may be used or traded to another CAR is calculated by multiplying the benzene total calculated in Sec. 80.57 by [100-factor to be determined] percent; OPTION for Paragraph (d)(5)(iii) (iii) The total number of VOC credits which may be used or traded to another CAR is calculated by multiplying the VOC total calculated in Sec. 80.57 by [l00-factor to be determined] percent; OPTION for Paragraph (d)(5)(iv) (iv) The total number of toxic credits which may be used or traded to another CAR is calculated by multiplying the toxic total calculated in Sec. 80.57 by [100-factor to be determined] percent; OPTION for Paragraph (d)(5)(v) (v) The total number of NOx credits which may be used or traded to another CAR is calculated by multiplying the NOx total calculated in Sec. 80.57 by [l00-factor to be determined] percent; OPTION 1 for Paragraph (d)(6) (6) If the actual total oxygen is less than the complying total, or if the benzene totals are greater than the complying totals, credits for these parameters are required in order to achieve compliance. OPTION 2 for Paragraph (d)(6) (6) If the actual total oxygen is less than the complying total, or if the benzene, toxic, VOC, or NOx totals are greater than the complying totals, credits for these parameters are required in order to achieve compliance. (e) Testing of gasoline received. For each batch of reformulated gasoline that is received at a covered area terminal, the CAR shall: OPTION 1 for Paragraph (e)(1) (1) Establish the reformulated gasoline characteristics of the batch by conducting sampling and testing of each of the physical and chemical properties specified for the batch in accordance with the procedures in Sec. 80.39; and OPTION 2 for Paragraph (e)(1) (1) Establish the reformulated gasoline characteristics of the batch from the paperwork which accompanied the gasoline from the refinery or import facility, as confirmed through a periodic sampling and testing program. (2) Determine the volume of the batch using the method normally employed at the terminal for this purpose. (f) Compliance determination for a terminal which does not receive any reformulated gasoline involving credits. In the case of a covered area terminal or a segregable portion thereof from which only credit-neutral reformulated gasoline (gasoline which meets all reformulated gasoline standards on a per-gallon basis and for which no credits are claimed) is dispensed into trucks during an averaging period, the covered area responsible party shall be required to: OPTION 1 for Paragraph (f)(1) (1) Periodically sample and test reformulated gasoline received for compliance with the reformulated gasoline standards, and; OPTION 2 for Paragraph (f)(1) (1) Sample and test every batch of reformulated gasoline received for compliance with the reformulated gasoline standards, and; OPTION 1 for Paragraph (f)(2) (2) Retain for five years the product transfer documentation for each batch of gasoline received and documents which show the results of the testing required in paragraph (f)(1), of this section OPTION 2 for Paragraph (f)(2) (2) Retain for three years the product transfer documentation for each batch of gasoline received and documents which show the results of the testing required in paragraph (f)(1), of this section OPTION 3 for Paragraph (f)(2) (2) Retain for two years the product transfer documentation for each batch of gasoline received and documents which show the results of the testing required in paragraph (f)(1), of this section (g) Compliance determination for terminal serving only a single covered area. In the case of a covered area terminal or a segregable portion thereof from which reformulated gasoline is dispensed into trucks serving only a single covered area during an averaging period, compliance with the averaged standards in Sec. 80.49 (a) and (b) shall be based upon: (1) The sum of the volumes and associated reformulated gasoline characteristics of all batches of reformulated gasoline received at the covered area terminal; plus (2) The sum of the oxygenate added to reformulated gasoline at the terminal, whether through tank or truck blending; minus (3) The sum of the volumes and associated reformulated gasoline characteristics of all batches of reformulated gasoline which are transferred in bulk (as opposed to truck loads) out of the terminal; adjusted by (4) The number and type of credits which are transferred to or received from another covered area responsible party. (h) Compliance determination for terminal serving more than one covered area. In the case of a covered area terminal or a segregable portion thereof from which reformulated gasoline is dispensed into trucks serving more than one covered area, the covered area responsible party shall determine compliance with the averaged standards in Sec. 80.59 (a) and (b) using the following methodology. (1) Calculate for each gasoline storage tank the running weighted reformulated gasoline characteristics, which accounts for the volume and characteristics of all reformulated gasoline which enters and leaves the storage tank, and all oxygenate which is added to the tank: (i) Determine the volume and characteristics of reformulated gasoline entering the storage tank using the methodology in Sec. 80.57; (ii) Determine the oxygenate added to the storage tank; (iii) Determine the volume and characteristics of reformulated gasoline which leaves the storage tank by being dispensed into a truck, the volume to be determined using the method normally used at the terminal for this purpose, and the characteristics to be determined based upon the weighted average characteristics at the time gasoline is dispensed into the truck; and (iv) Determine the volume and characteristics of gasoline which leaves the storage tank by means other than by being dispensed into a truck (e.g., by bulk transfer), the volume to be determined using the method normally used at the terminal for this purpose, and the characteristics to be determined using the methodology of Sec. 80.57; (2) For each occasion when reformulated gasoline is dispensed into a truck, determine the volume and characteristics of the gasoline dispensed based upon the running weighted reformulated gasoline characteristics of the gasoline storage tank(s) from which the truck receives gasoline, any oxygenate added to the truck, and the covered area(s) of use for the gasoline; (3) Calculate the total of the volume and characteristics of reformulated gasoline going to each covered area, and determine compliance with the average standards in Sec. 80.59 (a) and (b) based upon these separate totals and the number and type of credits which are transferred to or received from another covered area responsible party. OPTION 1 for Paragraph (i)(1) Introductory Text (i) Credit transfers. (1) Compliance with the averaged standards specified in Sec. 80.59 (a) and (b) may be achieved through the transfer of oxygen and benzene credits, collectively called reformulated gasoline credits, provided that: OPTION 2 for Paragraph (i)(1) Introductory Text (1) Compliance with the averaged standards specified in Sec. 80.59 (a) and (b) may be achieved through the transfer of oxygen, benzene, toxics, VOC or NOx credits, collectively called reformulated gasoline credits, provided that: (i) The credits are generated in the same covered area as they are used; (ii) The credits are generated in the same averaging period as they are used; OPTION 1 for Paragraph (i)(1)(iii) (iii) The credit transfer agreement is made no later than the final day of ten days following the end of the averaging period in which the reformulated gasoline credits are generated; and OPTION 2 for Paragraph (i)(1)(iii) (iii) The credit transfer agreement is made no later than the final day of fifteen days following the end of the averaging period in which the reformulated gasoline credits are generated; and (iv) The credits are properly created. (2) No party may transfer any credits to the extent such a transfer would result in the transferor having a negative credit balance at the conclusion of the averaging period for which the credits were transferred. Any credits transferred in violation of this paragraph are improperly created credits. (3) In the case of credits which were improperly created, the following provisions apply: (i) Improperly created credits may not be used to achieve compliance, regardless of a credit transferee's good faith belief that it was receiving valid credits; (ii) The transfer of improperly created credits constitutes a violation of these requirements, for which the transferor will be deemed to be in violation; and (iii) Where any credit transferor has in its balance at the conclusion of any averaging period both credits which were properly created and credits which were improperly created, the properly created credits will be applied first to any credit transfers before the transferor may apply any credits to achieve its own compliance. OPTION for Paragraph (j) (j) Banking and withdrawal of credits. Compliance with the averaged standards specified in Sec. 80.59 (a) and (b) may be achieved through the use of credits generated in an averaging period and used in a subsequent averaging period ("banked credits") subject to the following requirements: (1) Banking of credits. A control area responsible party may bank credits in an amount equal to the total credits generated, as calculated pursuant to Sec. 80.59(d), minus any credits used by that CAR to achieve compliance or transferred by that CAR in the same averaging period. OPTION 1 for Paragraph (j)(2) (2) Withdrawal of reformulated characteristics credits. During the averaging period following a credit-generating averaging period, a control area responsible party may withdraw banked credits. Such credits may be used by the control area responsible party to demonstrate compliance with the requirements of Sec. 80.59 (a) and (b), or may be transferred by the control area responsible party for such use within the same covered area by another control area responsible party. A credit shall be considered to be withdrawn when it is so used or transferred by the control area responsible party that banked it. OPTION 2 for Paragraph (j)(2) (2) Withdrawal of reformulated characteristics credits. During the calendar year in which credits are created, a control area responsible party may withdraw banked credits. Such credits may be used by the control area responsible party to demonstrate compliance with the requirements of Sec. 80.54 (a) and (b), or may be transferred by the control area responsible party for such use within the same covered area by another control area responsible party. A credit shall be considered to be withdrawn when it is so used or transferred by the control area responsible party that banked it. (k) Record keeping. (1) Each covered area responsible party shall retain the following documentation: (i) Transfer documentation, described in Sec. 80.61 (a) and (b), for all reformulated gasoline received into and transferred out of the terminal in bulk; OPTION 1 for Paragraph (k)(1)(ii) (ii) Documentation of the volume, sampling and testing results for each batch of reformulated gasoline which was received at the terminal, and for each batch of reformulated gasoline which was transferred from the terminal in bulk; OPTION 2 for Paragraph (k)(1)(ii) (ii) Documentation of the volume, sampling and testing results for every 10th batch of reformulated gasoline which was received at the terminal, and for each batch of reformulated gasoline which was transferred from the terminal in bulk; (iii) Documentation of the volume and type of oxygenate blended with reformulated gasoline at the terminal, whether in bulk or in trucks; (iv) Certifications received from distributors of the covered area to which reformulated gasoline is delivered; (v) In the case of a terminal serving more than one covered area, documents which state the calculated net characteristics for each tank on each occasion such characteristics change; and (vi) Documentation of the volume and characteristics of each truck load of gasoline transported to each covered area. OPTION 1 for Paragraph (k)(2) (2) The CAR shall retain the transfer documentation required by paragraph (k)(1) of this section for a period of five years from the date the gasoline is produced or imported, and shall deliver such documents to the Administrator of EPA upon the Administrator's request. OPTION 2 for Paragraph (k)(2) (2) The CAR shall retain the transfer documentation required by paragraph (k)(1) of this section for a period of three years from the date the gasoline is produced or imported, and shall deliver such documents to the Administrator of EPA upon the Administrator's request. OPTION 3 for Paragraph (k)(2) (2) The CAR shall retain the transfer documentation required by paragraph (k)(1) of this section for a period of two years from the date the gasoline is produced or imported, and shall deliver such documents to the Administrator of EPA upon the Administrator's request. (l) Registration of covered area responsible party. OPTION 1 for Paragraph (l)(1) Introductory Text (1) Three months in advance of any averaging period in which a person will meet the definition of covered area responsible party, such person shall register as a covered area responsible party with the Administrator of EPA. This registration shall be on forms prescribed by the Administrator, and shall include the following information: OPTION 2 for Paragraph (l)(1) Introductory Text (1) One month in advance of any averaging period in which a person will meet the definition of covered area responsible party, such person shall register as a covered area responsible party with the Administrator of EPA. This registration shall be on forms prescribed by the Administrator, and shall include the following information: (i) The name and business address of the covered area responsible party; (ii) The address and physical location of each of the covered area responsible party's covered area terminals; and (iii) The address and physical location where documents which are required to be retained by this part will be kept by the covered area responsible party. (2) Within thirty days of any occasion when the registration information previously supplied by a covered area responsible party becomes incomplete or inaccurate, the covered area responsible party shall submit updated registration information to the Administrator. (m) Reports--(1) Reports by terminals serving only one covered area. For each covered area terminal or a segregable portion thereof at which reformulated gasoline is dispensed into trucks serving only a single covered area during an averaging period, each covered area responsible party shall submit to the Administrator of EPA a report for each averaging period which contains the following information for each such covered area terminal or segregable portion thereof: (i) For each batch of reformulated gasoline received, the total volume and its associated reformulated gasoline characteristics; (ii) For each bulk transfer of reformulated gasoline out of the terminal, the total volume and its associated characteristics; (iii) For each batch of reformulated gasoline intended for oxygenate blending, the total volume and its associated characteristics when entering the terminal and the type and volume of oxygenate added to the batch; (iv) The total volume of reformulated gasoline dispensed into trucks; (v) The name of the covered area to which the reformulated gasoline is delivered, and (vi) For the total accountable reformulated gasoline (reformulated gasoline received plus oxygenate added minus bulk transfers out of the terminal): OPTION 1 for Paragraph (m)(1)(vi)(A) (A) The complying total content of oxygen and benzene complying total values (as calculated under Sec. 80.59(d)); OPTION 2 for Paragraph (m)(1)(vi)(A) (A) The complying total content of oxygen and benzene and the complying total value for toxics, VOC and NOx emissions (as calculated under Sec. 80.59(d)); OPTION 1 for Paragraph (m)(1)(vi)(B) (B) The actual total content of oxygen and benzene (as calculated under Sec. 80.59(d)); OPTION 2 for Paragraph (m)(1)(vi)(B) (B) The actual total content of oxygen and benzene and the actual total value for toxics, VOC and NOx emissions (as calculated under Sec. 80.59(d)); OPTION 1 for Paragraph (m)(1)(vi)(C) (C) The number of credits generated as a result of actual total oxygen being greater than the complying total, or the actual benzene totals being less than the complying totals; OPTION 2 for Paragraph (m)(1)(vi)(C) (C) The number of credits generated as a result of actual total oxygen being greater than the complying total, or the actual benzene, or toxics, VOC or NOx emissions totals being less than the complying totals; OPTION 1 for Paragraph (m)(1)(vi)(D) (D) The number of credits required as a result of actual total oxygen being less than the complying total, or the actual benzene totals being greater than the complying totals. OPTION 2 for Paragraph (m)(1)(vi)(D) (D) The number of credits required as a result of actual total oxygen being less than the complying total, or the actual benzene, toxics, VOC or NOx totals being greater than the complying totals. (2) Reports by terminals serving more than one covered area. For each covered area terminal or a segregable portion thereof at which reformulated gasoline is dispensed into trucks serving more than one covered area during an averaging period, each covered area responsible party shall submit to the Administrator of EPA a report for each averaging period which contains the following information for each such covered area terminal: (i) The number of gasoline storage tanks from which reformulated gasoline is dispensed into trucks serving more than one covered area, and for each such storage tank, supply the following information: (A) The capacity; (B) The grade of gasoline stored; (C) The identification number of the storage tank; (D) For each occasion when reformulated gasoline is placed into the storage tank, the volume and reformulated gasoline characteristics of the gasoline so placed; (E) For each bulk transfer of reformulated gasoline out of the storage tank, the volume and reformulated gasoline characteristics of the gasoline so transferred; (F) The total volume of reformulated gasoline placed into the storage tank; (G) The types and volumes of oxygenates added to the storage tank; (H) For all reformulated gasoline and oxygenates placed into the tank minus bulk transfers out of the tank: OPTION 1 for Paragraph (m)(2)(i)(H)(1) (1) The complying total content of oxygen and benzene; OPTION 2 for Paragraph (m)(2)(i)(H)(1) (1) The complying total content of oxygen and benzene and the complying total value for toxics, VOC and NOx emissions; OPTION 1 for Paragraph (m)(2)(i)(H)(2) (2) The actual total content of oxygen and benzene; OPTION 2 for Paragraph (m)(2)(i)(H)(2) (2) The actual total content of oxygen and benzene and the actual total value for toxics, VOC and NOx emissions; (ii) For each covered area to which gasoline is transported from the covered area terminal or segregable portion thereof, supply the following information: (A) The name of the covered area to which the reformulated gasoline is delivered; (B) The total volume of reformulated gasoline dispensed into trucks; (C) For the total accountable reformulated gasoline (reformulated gasoline dispensed into trucks): OPTION 1 for Paragraph (m)(2)(ii)(C)(1) (1) The complying total content of oxygen and benzene; OPTION 2 for Paragraph (m)(2)(ii)(C)(1) (1) The complying total content of oxygen and benzene and the complying total value for toxics, VOC and NOx emissions; OPTION 1 for Paragraph (m)(2)(ii)(C)(2) (2) The actual total content of oxygen and benzene; OPTION 2 for Paragraph (m)(2)(ii)(C)(2) (2) The actual total content of oxygen and benzene and the actual total value for toxics, VOC and NOx emissions; (3) The types and volumes of oxygenates added; OPTION 1 for Paragraph (m)(2)(ii)(C)(4) (4) The number of credits generated as a result of actual total oxygen being greater than the complying total, or the actual benzene totals being less than the complying totals; OPTION 2 for Paragraph (m)(2)(ii)(C)(4) (4) The number of credits generated as a result of actual total oxygen being greater than the complying total, or the actual benzene, toxics, VOC or NOx emissions totals being less than the complying totals; OPTION 1 for Paragraph (m)(2)(ii)(C)(5) (5) The number of credits required as a result of actual total oxygen being less than the complying total, or the actual benzene totals being greater than the complying totals. OPTION 2 for Paragraph (m)(2)(ii)(C)(5) (5) The number of credits required as a result of actual total oxygen being less than the complying total, or the actual benzene, toxics, VOC or NOx emissions totals being greater than the complying totals. (3) Credit transfers. (i) For any reformulated gasoline credits which are transferred from or to another covered area responsible party, supply the following information: (A) The names and addresses of the transferor and transferee of the credits; and (B) The number(s) and type(s) of credits which are transferred. OPTION 1 for Paragraph (m)(3)(ii) (ii) Each transfer of reformulated gasoline credits must be supported by documentation adequate to show that both the transferor and the transferee of the credits agreed to the transfer of such credits, and that such agreement was reached no later than the final day of the averaging period in which the reformulated gasoline credits are generated. OPTION 2 for Paragraph (m)(3)(ii) (ii) Each transfer of reformulated gasoline credits must be supported by documentation adequate to show that both the transferor and the transferee of the credits agreed to the transfer of such credits, and that such agreement was reached no later than ten days following the conclusion of the averaging period in which the reformulated gasoline credits are generated. OPTION 3 for Paragraph (m)(3)(ii) (ii) Each transfer of reformulated gasoline credits must be supported by documentation adequate to show that both the transferor and the transferee of the credits agreed to the transfer of such credits, and that such agreement was reached no later than fifteen days following the conclusion of the averaging period in which the reformulated gasoline credits are generated. (4) Such other information which EPA may require. OPTION for Paragraph (m)(5) (5) Credit banking report information. [Note: If credit banking is allowed, the following additional report items would be necessary.] Any control area responsible party who has credits to bank at the end of an averaging period or who makes use of credits during an averaging period shall submit to the Administrator, as an additional part of the report, the following information: (i) The number of credits held by the control area responsible party at the beginning of the averaging period for which the report is submitted; (ii) The number of credits held by the control area responsible party at the close of the averaging period for which the report is submitted. (iii) The number of credits held by the reporting control area responsible party and used to demonstrate compliance with the requirements of Sec. 80.59 (a) and (b) for the averaging period; (iv) The number of credits held by the reporting control area responsible party and transferred to the account of another control area responsible party during the averaging period; (v) The number of credits transferred from another control area responsible party to the reporting control area responsible party and used to demonstrate compliance with the requirements of Sec. 80.59 (a) and (b) for the averaging period; (vi) The number of credits transferred from another control area responsible party in the averaging period to the reporting control area responsible party during the averaging period; and (vii) Supporting documentation adequate to show the agreement between control area responsible parties as to the transfer of the credits. (6) Report submission. The reports required by Sec. 80.59(m) shall be: (i) Submitted on forms and following procedures specified by the Administrator of EPA; OPTION 1 for Paragraph (m)(6)(ii) (ii) Submitted to the Administrator of EPA within fifteen days following the conclusion of each averaging period; and OPTION 2 for Paragraph (m)(6)(ii) (ii) Submitted to the Administrator of EPA within thirty days following the conclusion of each averaging period; and (iii) Signed and certified as correct by the owner or a responsible corporate officer of the refiner or importer. (7) In the case of a covered area terminal or a segregable portion thereof at which only reformulated gasoline which does not involve credits is dispensed, the reporting specified in paragraphs (m) (1) through (5) of this section are not required. OPTION 1 for Paragraph (m)(8) Heading (8) Independent audit requirement. OPTION 2 for Paragraph (m)(8) Heading (8) Independent certified audit requirement. OPTION 1 for Paragraph (m)(8)(i) (i) In addition to the reports required by paragraphs (m) (1) through (5) of this section, each covered area responsible party shall cause to be submitted to the Administrator of EPA the report of an audit, to be conducted in accordance with the requirements of Sec. 80.60, within sixty days following the conclusion of every calendar quarter. OPTION 2 for Paragraph (m)(8)(i) (i) In addition to the reports required by paragraphs (m) (1) through (5) of this section, each covered area responsible party shall cause to be submitted to the Administrator of EPA the report of an audit, to be conducted in accordance with the requirements of Sec. 80.60, annually. OPTION 3 for Paragraph (m)(8)(i) (i) In addition to the reports required by paragraphs (m) (1) through (5) of this section, each covered area responsible party shall cause to be submitted to the Administrator of EPA the report of an audit, to be conducted in accordance with the requirements of Sec. 80.60, every six months. (ii) The audit report required in paragraph (m)(8)(i) of this section shall be submitted to EPA by the auditor. (iii) Failure of the auditor to submit the required report will constitute a violation of the reporting requirement by the covered area responsible party. 28. Section 80.60 is added to read as follows: OPTION 1 for Sec. 80.60 Heading Sec. 80.60 Independent audits. OPTION 2 for Sec. 80.60 Heading Sec. 80.60 Independent certified audits. OPTION 1 for Paragraph (a) (a) An independent audit shall consist of a review of the information used by a party to prepare required reports to the Administrator of EPA, for accuracy and completeness. Audits also shall include a review of activities for conformance with reformulated gasoline regulatory requirements generally. OPTION 2 for Paragraph (a) (a) An independent certified audit shall consist of a review of the information used by a party to prepare required reports to the Administrator of EPA, for accuracy and completeness. Audits also shall include a review of activities for conformance with reformulated gasoline regulatory requirements generally. OPTION 1 for Paragraph (b) (b) An independent audit shall be conducted by a Certified Public Accountant. OPTION 2 for Paragraph (b) (b) An independent certified audit shall be conducted by a Certified Public Accountant. OPTION 3 for Paragraph (b) (b) An independent audit shall be conducted by a Certified Public Accountant who is not an employee of the regulated party. OPTION 4 for Paragraph (b) (b) An independent certified audit shall be conducted by a Certified Public Accountant who is not an employee of the regulated party. (c) Auditors are required to exercise due diligence in conducting the audit in accordance with generally accepted auditing standards. Auditors also are required to comply with the general code of conduct and ethics as prescribed by the state in which they are licensed and the American Institute of Certified Public Accountants. OPTION 1 for Paragraph (d) Introductory Text (d) An independent audit conducted of a refiner or importer shall include the review and analysis of the following: OPTION 2 for Paragraph (d) Introductory Text (d) An independent certified audit conducted of a refiner or importer shall include the review and analysis of the following: (1) Records which show the quantity, classification (conventional or reformulated), and characteristics of gasoline produced or imported; (2) Test results which show that gasoline produced or imported satisfied the physical and chemical properties required by relevant certifications, and that all the characteristics were accurately stated; (3) The auditor shall perform independent calculations to verify the proper accounting for physical and chemical factors specified in the regulations for oxygen, benzene, toxics, VOC and NOx characteristics. The auditor's report shall provide examples of these calculations. (e) An independent audit conducted of a covered area responsible party shall include the review and analysis of the following: OPTION for Paragraph (e) Introductory Text (e) An independent certified audit conducted of a covered area responsible party shall include the review and analysis of the following: (1) Records which show the quantity and characteristics of reformulated gasoline entering the terminal and leaving the terminal in bulk; (2) Records which show the destination, quantity and characteristics of truck loads of reformulated gasoline going to specific covered areas; (3) Records which show the characteristics of gasoline in storage tanks from which trucks are loaded, and the calculations which formed the basis for claimed characteristics; (4) Testing results for storage tanks when additional gasoline is added; and (5) Records showing the oxygenate type and amount which was blended. (f) The auditor's report shall be submitted on forms provided by EPA and shall consist of the following items: (1) A description and the location of all records reviewed during the audit; (2) The names and positions of all persons responsible for preparing the regulated party's report to EPA, including persons who gathered information, operational personnel, and officers; (3) The location and a description of the refinery, import facility, or terminal audited, including, its operating procedures and structures of internal controls; (4) Specific reports which were audited, accompanied by examples of calculations performed in the conduct of the audit; (5) Summaries or replications of records which support the auditor's findings, analyses, and conclusions; and (6) A complete list of all discrepancies that the auditor found during the conduct of the audit. 29. Section 80.61 is added to read as follows: Sec. 80.61 Additional controls and prohibitions. (a) Product transfer documentation. For each occasion when any person transfers custody or title to any gasoline, other than when gasoline is sold or dispensed for use in motor vehicles at a retail outlet or wholesale purchaser-consumer facility, the transferor shall provide to the transferee documents which include the following information: (1) The name and address of the transferor; (2) The name and address of the transferee; (3) The volume of gasoline which is being transferred; (4) The proper identification of the gasoline as conventional or reformulated; (5) In the case of conventional gasoline, the following language: "Conventional gasoline, not for sale to any ultimate consumer in a covered area"; (6) In the case of reformulated gasoline or reformulated gasoline blendstock for which oxygenate blending is intended, the type and amount of oxygenate which must be added, and the notation that the product is blendstock which may not be used or sold as reformulated until the required oxygenate has been a added; (7) The location of the gasoline at the time of the transfer; (8) For reformulated gasoline which is in the gasoline distribution network between the refinery or import facility and the covered area terminal, the reformulated gasoline characteristics of the gasoline; and (9) When the transferor and/or transferee is a CAR, the EPA-assigned registration number of that person. (b) Distributor's certification of destination. On each occasion when reformulated gasoline is dispensed into a truck at a covered area terminal, the distributor to whom the gasoline is transferred shall provide to the covered area responsible party a certification which identifies the covered area to which the gasoline will be delivered. (c) Prohibited activities. OPTION 1 for Paragraph (c)(1)(i) (1)(i) No refiner, importer, carrier, distributor, reseller, retailer, or wholesale purchaser-consumer may manufacture, sell, offer for sale, dispense, supply, offer for supply, store, transport, or cause the transportation of gasoline represented as reformulated and intended for sale or use in any covered area which does not meet the definition of reformulated gasoline, or which has characteristics which are not properly stated in the documents which accompany such gasoline. OPTION 2 for Paragraph (c)(1)(i) (1)(i) No refiner, importer, carrier, distributor, reseller, retailer, or wholesale purchaser-consumer may manufacture, sell, offer for sale, dispense, supply, offer for supply, store, transport, or cause the transportation of gasoline represented as reformulated and intended for sale or use in any covered area which does not meet the definition of reformulated gasoline, or which has characteristics which are not properly stated in the documents which accompany such gasoline. Gasoline represented as reformulated which does not meet the minimum standards for oxygen or exceeds the maximum standards for benzene. OPTION 3 for Paragraph (c)(1)(i) (1)(i) No refiner, importer, carrier, distributor, reseller, retailer, or wholesale purchaser-consumer may manufacture, sell, offer for sale, dispense, supply, offer for supply, store, transport, or cause the transportation of gasoline represented as reformulated and intended for sale or use in any covered area which does not meet the definition of reformulated gasoline, or which has characteristics which are not properly stated in the documents which accompany such gasoline. Gasoline represented as reformulated which does not meet the minimum standards for oxygen or exceeds the maximum standards for benzene and toxics. OPTION 4 for Paragraph (c)(1)(i) (1)(i) No refiner, importer, carrier, distributor, reseller, retailer, or wholesale purchaser-consumer may manufacture, sell, offer for sale, dispense, supply, offer for supply, store, transport, or cause the transportation of gasoline represented as reformulated and intended for sale or use in any covered area which does not meet the definition of reformulated gasoline, or which has characteristics which are not properly stated in the documents which accompany such gasoline. Gasoline represented as reformulated which does not meet the minimum standards for oxygen or exceeds the maximum standards for benzene, toxics, VOC and NOx. (ii) No refiner, importer, carrier, distributor, or reseller, may manufacture, sell or offer for sale, dispense, supply, or offer for supply, store, transport or cause the transportation of gasoline represented as conventional which does not contain at least 100 ppb of phenolphthalein. (iii) Gasoline shall be presumed to be intended for sale or use in a covered area unless: (A) Product transfer documentation accompanying such gasoline clearly indicates the gasoline is intended for sale or use only outside any covered area; or (B) The gasoline is contained in the storage tank of a retailer or wholesale purchaser-consumer within a non-covered area. (2) Liability for violations of the prohibited activities. Where the gasoline contained in any storage tank at any facility owned, leased, operated, controlled or supervised by any refiner, importer, carrier, distributor, reseller, retailer, or wholesale purchaser-consumer is found in violation of the prohibitions described in paragraph (C)(1) of this section, the following persons shall be deemed in violation: (i) The refiner, importer, carrier, distributor, reseller, retailer, or wholesale purchaser-consumer who owns, leases, operates, controls or supervises the facility where the violation is found; and (ii) Each refiner, importer, distributor, reseller, and carrier who manufactured, imported, sold, offered for sale, dispensed, supplied, offered for supply, stored, transported, or caused the transportation of any gasoline which is in the storage tank containing gasoline found to be in violation. (3) Defenses for prohibited activities. (i) In any case in which a refiner, importer, carrier, distributor, reseller, retailer, or wholesale purchasers- consumer would be in violation under paragraph (c) of this section, it shall be deemed not in violation if it can demonstrate: (A) That the violation was not caused by the regulated party or its employee or agent; (B) Documents which accompany the gasoline which contain the information required by Sec. 80.61(a), and which indicate the gasoline met relevant requirements; and (C) A quality assurance sampling and testing program carried out by the regulated party, as described in Sec. 80.61(c)(4). OPTION for Paragraph (c)(3)(i)(C): (C) If performance trading is not allowed, a retailer or wholesale purchaser-consumer would need only to show documentation on its invoices stating the gasoline met the reformulated gasoline program requirements, instead of a quality assurance program. (ii) Where a violation is found at a facility which is operating under the corporate, trade or brand name of a refiner, that refiner must show, in addition to the defense elements required by paragraph (c)(3)(i) of this section that the violation was caused by: (A) An act in violation of law (other than the Act or this part), or an act of sabotage or vandalism; (B) The action of any reseller, distributor, ethanol blender, carrier, or a retailer or wholesale purchaser-consumer supplied by any of these persons, in violation of a contractual undertaking imposed by the refiner designed to prevent such action, and despite periodic sampling and testing by the refiner to ensure compliance with such contractual obligation; or (C) The action of any carrier or other distributor not subject to a contract with the refiner but engaged by the refiner for transportation of gasoline, despite specification or inspection of procedures and equipment by the refiner which are reasonably calculated to prevent such action. (iii) In this paragraph (c)(3), the term "was caused" means that the party must demonstrate by reasonably specific showings, by direct or circumstantial evidence, that the violation was caused or must have been caused by another. (4) Quality Assurance Program. (i) In order to demonstrate an acceptable quality assurance program, a party must present evidence: (A) That it has conducted screen tests for the presence of the conventional gasoline marker, as described in Sec. 80.39(g), subsequent to each receipt of gasoline, which are reflected in documents which state the results of the tests; (B) That the party's screen test results were consistent with all product transfer documents; (C) That on each occasion when the conventional gasoline marker was found in gasoline represented to be reformulated, or no marker was found in gasoline represented to be conventional: (1) The party immediately ceased selling, offering for sale, dispensing, supplying, offering for supply, storing, transporting, or causing the transportation of the violating product; (2) The product was tested by an independent laboratory to confirm the presence or absence of the marker; and OPTION 1 for Paragraph (c)(4)(i)(C)(3) (3) If the lab test results showed that the gasoline contained an improper concentration of the marker for the category of gasoline, the party promptly remedied the violation (such as by removing the violating product or adding more complying product until the proper concentration of the marker is achieved); or OPTION 2 for Paragraph (c)(4)(i)(C)(3) (3) If the lab test results showed that the gasoline did not meet the emissions performance standards, the party promptly remedied the violation (such as by removing the violating product; or (4) If, on the basis of the lab test results, the gasoline is found not to be in violation, the party may treat the gasoline as complying product. (ii) In addition to the requirements of paragraph (c)(4)(i) of this section, an acceptable quality assurance program for reformulated gasoline which is in the gasoline distribution network between the gasoline refiner and the covered area terminal, must include periodic sampling and testing to determine if the reformulated gasoline has characteristics which are consistent with the product transfer documentation. Sec. 80.62 [Reserved] 30. Section 80.62 is added and reserved. Sec. 80.63 [Reserved] 31. Section 80.63 is added and reserved. Sec. 80.64 [Reserved] 32. Section 80.64 is added and reserved. 33. A new Sec. 80.65 is proposed to be added to Subpart C to read as follows: Sec. 80.65 Compliance with conventional gasoline requirements. Any refiner or importer of conventional gasoline shall meet the following requirements for the conventional gasoline it produces or imports during each compliance period: OPTION 1 for Paragraph (a) (a) The average toxics emissions index (as determined in Sec. 80.70 of the conventional gasoline must be less than or equal to the baseline toxics emissions index (as determined in Sec. 80.68) of that refiner or importer for that compliance period. OPTION 2 for Paragraph (a) (a) [In the case that toxic emissions and exhaust VOC emissions are both regulated, substitute "average toxics emissions index and average exhaust VOC emissions index" for "average toxics emissions index" in paragraph (a) of this section.] OPTION 3 for Paragraph (a) (a) [In the case that toxic emissions and NOx emissions are both regulated, substitute "average toxics emissions index and average NOx emissions index" for "average toxics emissions index" in paragraph (a) of this section.] OPTION 4 for Paragraph (a) (a) [In the case that toxic emissions, exhaust VOC emissions and NOx emissions are all regulated, substitute "average toxics emissions index, average exhaust VOC emissions index and average NOx emissions index" for "average toxics emissions index" in paragraph (a) of this section.] OPTION 1 for Paragraph (b) (b) [If EPA requires that each refinery in an area have an individual baseline, then the average toxics emissions index (as determined in Sec. 80.70) of the conventional gasoline of a refinery in that area must be less than or equal to the baseline toxics emissions index (as determined in Sec. 80.68 of that refinery for that compliance period.] 31. A new Sec. 80.66 is proposed to be added to subpart C to read as follows: Sec. 80.66 Individual baseline toxics emissions index determination. (a) Gasoline produced in a refinery engaged in the production of gasoline blendstocks from crude oil, and the subsequent mixing of those blendstocks to form finished gasoline, shall have the fuel parameter values required to determine its individual baseline toxics emissions index as outlined in Sec. 80.68, determined by Method 1, 2 or 3 as follows: (1) Method 1: The fuel parameters required for the calculation of the baseline toxics emissions index shall be determined from a refiner's records of 1990 shipments of finished gasoline as shown below: (X1xV1)+(X2xV2) +. . .+(XnxVn) Xavg = ------------------------------ V1+V2+. . .+Vn where Xavg=baseline value of parameter X i=separate 1990 shipment of finished gasoline Xi=parameter value of shipment i Vi=volume of shipment i n = total number of shipments (2) Method 2: The fuel parameters required for the calculation of the baseline toxics emissions index shall be determined from a refiner's records of 1990 blendstock composition data and 1990 production records as shown below: (X1xV1)+(X2xV2) +. . .+(XnxVn) Xavg = ------------------------------ V1+V2+. . .+Vn where Xavg=baseline value of parameter X i=batch of blendstock Xi=1990 parameter value of i Vi=1990 volume of i n=total number of batches of blendstocks OPTION for Paragraph (a)(2)(i) (i) Total gasoline production (sum of Vi) must be within five (5) percent [OPTION: other than 5 percent] of total volume of 1990 finished gasoline shipments. OPTION for Paragraph (a)(2)(ii) (ii) Blendstock data shall include volumes purchased or received through intracompany transfers. (3) Method 3: If a refiner can provide documentation which shows its 1991 blendstock composition to be substantially similar to its 1990 blendstock composition, the fuel parameters required for the calculation of the baseline toxics emissions index shall be determined from a refiner's records of 1991 blendstock composition data and 1990 production records as shown below: (X1xV1)+(X2xV2) +. . .+(XnxVn) Xavg = ------------------------------ V1+V2+. . .+Vn where Xavg=baseline value of parameter X i=batch of blendstock Xi=1991 parameter value of i Vi=1990 volume of i n=total number of batches of blendstocks OPTION 1 for Paragraph (a)(3)(i) (i) Total gasoline production (sum of Vi) must be within five (5) percent [OPTION: other than 5 percent] of total volume of 1990 finished gasoline shipments. OPTION 2 for Paragraph (a)(3)(ii) (ii) If a refiner can demonstrate that for a given refinery, 1991 operations are substantially similar to 1990 operations, including crude types refined, intermediate feedstocks and blendstocks purchased or transferred, and process operating conditions, that refiner may sample 1991 finished gasoline to establish the individual baseline of gasoline, produced in a refinery operating as described in (a) of this section, in accordance with Method 3. OPTION 1 for Paragraph (a)(4) [Note: If a modification of Method 1, 2 or 3 as described in (a)(4) of this section is allowed, then the fuel parameter values required to determine individual baseline toxics emissions index as outlined in Sec. 80.68 shall be determined based on the modification of Method 1, 2 or 3.] (4) Modification of Method 1, 2 or 3: If a refiner had major equipment under construction in calendar year 1990 and/or experienced unusual circumstances which precluded normal operation of one or more refinery process units, determination of baseline fuel parameters by Method 1, 2 or 3 shall be modified to reflect these circumstances. Modifications reflecting the impact of said circumstance on the individual baseline shall require documentation as described in Sec. 80.67(c)(3). [OPTION: Under this provision, a modification is deemed to have been "significant" if at least a five (5) percent [OPTION: other than 5 percent] difference exists between the baseline toxics emissions index calculated with and without the modification.] OPTION 2 for Paragraph (a)(4) [Substitute "fuel parameter baseline value" for "baseline toxics emissions index" in paragraph (a)(4) of this section.] (b)(1) If a refiner has the data required for a Method 1 baseline determination, that refiner shall use Method 1. (2) If a refiner has insufficient data for a Method 1 determination, but has sufficient data for a Method 2 baseline determination, that refiner shall use Method 2. (3) If a refiner has insufficient data for a Method 1 or Method 2 determination, that refiner shall use Method 3. (c) The protocol detailed in paragraph (b) of this section for the determination of the fuel parameter values required for the calculation of the baseline toxics emissions index shall apply to each fuel parameter at each refinery individually for gasoline produced at a refinery operating as described in paragraph (a) of this section. That is, Method 1 might be used for one fuel parameter while Methods 2 and 3 might be used for others. (d)(1) Imported refinery-finished gasoline shall have its baseline toxics emissions index determined in accordance with paragraphs (a) through (c) of this section using information from the refinery or refineries that produced the gasoline and any other provisions that apply to refiners engaged in the production of gasoline from a refinery operating as described in paragraph (a) of this section. (2) Imported gasoline which is other than refinery-finished gasoline shall be subject to the baseline determination applicable to gasoline produced in a refinery operating as described in paragraph (h) of this section. OPTION for Paragragh (e) (e) EPA shall, if petitioned, establish separate baseline emission indices for refineries providing conventional gasoline to areas with a limited distribution system and which experience increased toxics emissions due to an ozone nonattainment area opting into the reformulated gasoline program. The baselines of such refineries are not to be included in the baseline determination of a refiner who also has a refinery or refineries outside of this area. [OPTION for additional language to be added to paragraph (e): If all of a refiner's refineries are located in one of the geographic area(s) listed in Sec. 80.65(a)(2), then that refiner shall determine a baseline which includes all of that refiner's refineries.] OPTION 1 for Paragraph (f) (f) A refiner, engaged in the production of gasoline from the refinery operational mode as described in paragraph (a) of this section or the production of gasoline from a refinery where gasoline blendstocks and/or finished gasoline are simply purchased and mixed to form a finished gasoline or both and/or the importation of the same shall consider each mode of operation as distinct, determining a baseline toxics emissions index for each mode of operation. OPTION 2 for Paragraph (f) (f) [Substitute "shall distinguish between modes of operation to determine a baseline toxics emissions index for each mode, but shall have a final individual baseline toxics emissions index which is the weighted average of the modes of operation" for "shall consider each mode of operation as distinct, determining a baseline toxics emissions index for each mode of operation" in OPTION 1 for paragraph (f).] (g) A refiner's baseline toxics emissions index shall be recalculated under the following circumstances: (1) A refinery is purchased, sold, merged or acquired by the refiner. The refiner's baseline shall be recalculated to reflect the addition or subtraction of the baseline fuel parameters and fuel volumes of that refinery. (2) A refinery is permanently shut down by the refiner. The refiner's baseline shall be recalculated to reflect the subtraction of the baseline parameters of the refinery from the refiner's baseline. (3) A refinery not in operation in 1990 is started up by the refiner. The refiner's baseline shall be recalculated to reflect the addition of that restarted refinery's volume of gasoline with the statutory baseline gasoline parameters. OPTION 1 for Paragraph (h) (h) Refiners solely engaged in the production of gasoline from a refinery where gasoline blendstocks and/or finished gasoline are simply purchased and blended to form finished gasoline, who do not have the data needed to use Method 1 shall utilize the fuel parameters specified in Sec. 80.41, for the high ozone and non-high ozone season baseline fuels, in determining the baseline toxics emissions index as outlined in Sec. 80.68. In the case of an annual averaging period as described in Sec. 80.69, the value of a fuel parameter in a season shall be weighted by the number of days in the season (high ozone or non-high ozone). The corresponding weighted parameter values of each season shall be combined to form a single baseline fuel parameter value. OPTION 2 for Paragraph (h) (h) [Substitute "blend only those blendstocks and finished gasoline which have been certified as conforming to another refiner's or an importer's baseline" for "utilize the fuel parameters specified in Sec. 80.41 for the high ozone and non-high ozone season baseline fuels, in determining the baseline toxics emissions index as outlined in Sec. 80.68. In the case of an annual averaging period as described in Sec. 80.69, the value of a fuel parameter in a season shall be weighted by the number of days in the season (high ozone or non-high ozone). The corresponding weighted parameter values of each season shall be combined to form a single baseline fuel parameter value" in OPTION 1 for paragraph (h).] (i) Refiners using Method 1, 2 or 3 and importers must follow the process outlined in Sec. 80.7 to obtain approved baseline values. OPTION 1 for Paragraph (j) (j) The applicability of the individual baseline of refiners engaged in the production of gasoline from a refinery operating as described in paragraph (a) of this section and importers shall be limited to its 1990 total volume; that is, in post-1994, the increment of a refiner's or importer's total annual volume of gasoline produced or imported in excess of its 1990 total volume would be subject to the statutory baseline, not its individual baseline. OPTION 2 for Paragraph (j) (j) [Substitute "existing refining capacity; that is, in post-1994, the increment of a refiner's or importer's total volume in excess of its 1990 existing refining capacity would be subject to the statutory baseline parameters, not its individual baseline" for "total volume; that is, in post- 1994, the increment of a refiner's or importer's total annual volume of gasoline produced or imported in excess of its 1990 total volume would be subject to the statutory baseline, not its individual baseline" in option 1 for paragraph (j).] OPTION 3 for Paragraph (j) (j) [Substitute "existing refining capacity, with the following restrictions: For any refiner or importer with a baseline toxics emissions index greater than the index calculated using the statutory baseline, the post-1994 increment of its total volume in excess of its 1990 existing refining capacity would be subject to the statutory baseline. For any refiner or importer with a baseline toxics emissions index lower than the index calculated using the statutory baseline, the post-1994 increment of its total volume in excess of its 1990 existing refining capacity would be subject to the refiner's individual baseline until the increment exceeded 10 percent [OPTION: other than 10 percent] of its 1990 existing refining capacity. The post-1994 increment of its total volume in excess of 110 percent [OPTION: other than 110 percent] of 1990 existing refining capacity would be subject to the statutory baseline" for "total volume; that is, in post-1994, the increment of a refiner's or importer's total annual volume of gasoline produced or imported in excess of its 1990 total volume would be subject to the statutory baseline, not its individual baseline" in option 1 for paragraph (j).] OPTION 4 for Paragraph (j) (j) [Substitute "volumes equal or less than its 1990 existing refining capacity; the post-1994 increment of its total volume in excess of its 1990 existing refining capacity shall be subject to the statutory or individual baseline, whichever results in lower baseline emissions" for "its 1990 total volume; that is, in post-1994, the increment of a refiner's or importer's total annual volume of gasoline produced or imported in excess of its 1990 total volume would be subject to the statutory baseline, not its individual baseline" in option 1 for paragraph (j).] OPTION 1 for paragraph (k) (k) The applicability of the individual baseline of refiners engaged in the production of gasoline from a refinery operating as described in paragraph (h) of this section shall be limited such that after 1994, the increment of its total volume in excess of its 1990 total volume would be subject to the statutory baseline, not the refiner's individual baseline. OPTION 2 for Paragraph (k) (k) [Substitute "for any refiner with a baseline toxics emissions index greater than the index calculated using the statutory baseline, the post-1994 increment of its total volume in excess of its 1990 volume would be subject to the statutory baseline. For any refiner with a baseline toxics emissions index lower than the index calculated using the statutory baseline, the post- 1994 increment of its total volume in excess of its 1990 volume would be subject to the refiner's individual baseline until the increment exceeded 10 percent [OPTION: other than 10 percent] of its 1990 volume. The post-1994 increment of its total volume in excess of 110 percent [OPTION: corresponding percent] of its 1990 volume would be subject to the statutory baseline" for "after 1994, the increment of its total volume in excess of its 1990 total volume would be subject to the statutory baseline, not the refiner's individual baseline" in option 1 for paragraph (k).] OPTION 3 for Paragraph (k) (k) [Substitute "the post-1994 increment of its total volume in excess of its 1990 volume would be subject to the statutory or individual baseline, whichever results in lower baseline emissions" for "after 1994, the increment of its total volume in excess of its 1990 total volume would be subject to the statutory baseline, not the refiner's individual baseline" in option 1 for paragraph (k).] OPTION 1 for Sec. 80.66 [In the case that toxic emissions and exhaust VOC emissions are both regulated, substitute "average toxics emissions index and average exhaust VOC emissions index" for "average toxics emissions index" throughout Sec. 80.66] OPTION 2 for Sec. 80.66 [In the case that toxic emissions and NOx emissions are both regulated, substitute "average toxics emissions index and average NOx emissions index" for "average toxics emissions index" throughout Sec. 80.66.] OPTION 3 for Sec. 80.66 [In the case that toxic emissions, exhaust VOC emissions and Nox emissions are all regulated, substitute "average toxics emissions index, average exhaust VOC emissions index and average NOx emissions index" for "average toxics emissions index" throughout Sec. 80.66] 35. A new Sec. 80.67 is proposed to be added to subpart C to read as follows: Sec. 80.67 Individual baseline data submission and approval. (a) Individual baseline data shall be submitted for verification to an auditor on or before March 31, 1992. (1) The auditor shall: (i) Be EPA-certified; OPTION 1 for Paragraph (a)(1)(i) (i) [Substitute "independent of the submitter and EPA-certified" for "EPA- certified".] OPTION 2 for Paragraph (a)(1)(i) (i) [Substitute "certified by EPA and an industry panel" for "EPA- certified".] (ii) Have experienced personnel familiar with petroleum refining processes, computational procedures, and methods of product analyses; (iii) Possess adequate resources to perform the auditing tasks in a timely manner; and (iv) Have expertise in conducting the auditing process, including skills for effective data gathering, protection of trade secrets, and data analysis. (2) The auditor-submitted audit plan shall be incorporated into EPA standard audit procedures, and shall contain the following: (i) Developed test plans for gathering necessary data; (ii) Steps to verify data and evaluate potential for any abuses of the anti-dumping regulations in Secs. 80.65 through 80.76; (iii) Analysis of data and reporting of results; and (iv) Procedures to protect trade secret data, including, but not limited to: manufacturing processes, formulas, commercial data and blendstocks. (b) Minimum data requirements are described in paragraphs (b) (1) and (2) of this section. Raw data and calculation methodology shall be included as part of the baseline data submission, as well as documentation of modifications to Method 1, 2 or 3. (1) Fuel parameters specified for emissions determination per Sec. 80.68 and obtained per Method 1 or 2 shall have been measured and documented monthly for 12 months and shall be averaged over the period[s] described in Sec. 80.69. (2) Fuel parameters specified for emissions determination per Sec. 80.68 and obtained per Method 3 shall have been measured and/or documented monthly, beginning not later than July 1, 1991. (c) Refiners and importers shall submit the following: (1) For a Method 1 baseline determination, volumes of shipped finished gasoline and the fuel parameter values of those volumes, and the method used to convert this data to the final baseline fuel parameter values. (2) For a Method 2 or 3 baseline determination, unit production and composition data of all refinery process units (by refinery if a refiner has more than one refinery), the method used to convert this data to the final baseline fuel parameter values, and a statement signed by the chief executive officer of the company, or designee, stating that insufficient or inadequate and unreliable data exists for baseline determination of that parameter in that refinery by Method 1 (for a Method 2 determination) or Method 2 (for a Method 3 determination). OPTION for Paragraph (c)(3) (3) Use of the provisions for modifications to Method 1, 2 or 3 for the reasons listed in Sec. 80.66 (a) (4) shall be subject to the following constraints and reporting requirements: (i) The refiner or importer shall report 1990 individual baseline gasoline parameters required for baseline toxics emissions index determination on a "with modification" and "without modification" basis. (ii) The refiner or importer shall identify the capital project(s) and/or facility outage(s) that caused the abnormal operation. (iii) Only the following shall be considered to be work-in-progress capital projects during 1990: (A) Gasoline production units placed in service or modified in 1990, or (B) Gasoline production units under construction in 1990 wherein long lead- time process equipment had been placed on order. (iv) Major facility outages during 1990 shall consist of longer than normal shutdowns for repair, fires or explosions, all of which shall have disrupted the usual operation of gasoline production equipment for more than 60 days. (v) For each significant incident meeting the criteria of paragraphs (c) (3) (iii) and/or (iv) of this section, the refiner must provide supporting detail concerning shifts in gasoline volume and attendant gasoline properties such that: (A) an auditor having reasonable refining knowledge could analyze the change and verify the reasonableness of the change; and (8) the net impact on the 1990 gasoline baseline for the refiner could be adjusted based on this data. (vi) Data furnished to support paragraph (c) (3) (v) of this section shall include "typical" operating conditions and gasoline component properties for each of the process units that manufactures a gasoline component and was either incomplete construction or suffered an unusual outage during 1990. OPTION for Paragraph (c)(3)(vii) (vii) For gasoline blendstock producing units placed in service either after November 15, 1990, started up in 1990 or experiencing unusual operation in 1990, samples shall be collected, analyzed for paraffins, olefins, aromatics and benzene, and properly stored monthly for calendar year 1991. OPTION 1 for Paragraph (c)(3)(viii) (viii) For the situation where a gasoline-producing facility was under construction during 1990, but streaming and reliable operation could not be established soon enough to allow gathering of adequate data during 1991, the refiner shall proceed with paragraph (c) (3) (v) of this section using estimated data for the gasoline streams affected. Such estimated properties and resultant calculations to support a modified baseline must be reconciled by the refiner with actual operating data within six (6) months of streaming the facility. Such reconciliation must be provided to the auditor who will verify that the refiner's original estimate for the facility was reasonably accurate. OPTION 2 for Paragraph (c)(3)(viii) (viii) [Under this option, substitute "resulted in a baseline toxics emissions index within five (5) percent [OPTION: other than 5 percent] of the baseline toxics emissions index based on actual operation" for "was reasonably accurate" in OPTION 1 for paragraph (c)(3)(viii).] OPTION 1 for Paragraph (c)(3)(ix) (ix) If auditor determines through the process described in paragraph (c) (3)(viii) of this section that the estimate was not reasonably accurate, the refiner shall use the refinery's post-audit data to recalculate a modified baseline. OPTION 2 for Paragraph (c)(3)(ix) (ix) [Substitute "exceeded a five (5) percent [OPTION: other than 5 percent] difference in the baseline toxics emissions index based on actual operation" for "was not reasonably accurate" in OPTION 1 for paragraph (c)(3)(ix).] OPTION 3 for Paragraph (c)(3)(ix) (ix) [Substitute "exceeded a five (5) percent [OPTION: other than 5 percent] difference in the fuel parameter value based on actual operation" for "was not reasonably accurate" in OPTION 1 for paragraph (c)(3)(ix).] (d) Auditor will forward results of verification to EPA within three (3) months of receipt. OPTION 1 for Paragraph (e) (e) EPA will publish individual baseline data in the Federal Register within two (2) months of receipt from the auditor, and will request comments. Data will be unevaluated by EPA, and will be in the form of toxics emissions index by refiner or importer. OPTION 2 for Paragraph (e) [Substitute "refinery or importer-identified refinery" for "refiner or importer" in OPTION 1 for paragraph (e).] OPTION 3 for Paragraph (e) (e) [Substitute "fuel parameter average by refiner or importer" for "toxics emissions index by refiner or importer" in OPTION 1 for paragraph (e).] OPTION 4 for Paragraph (e) (e) [Substitute "fuel parameter average by refinery or importer-identified refinery" for "toxics emissions index by refiner or importer" in OPTION 1 for paragraph (e).] (f) EPA shall confirm an individual baseline and notify the affected party within five (5) months of publication in the Federal Register if: (1) The results of the audit are satisfactory, and (2) Any public comments do not conclude differently from the audit. (g) Investigations by EPA of potential baseline discrepancies shall be conducted confidentially with auditor and refiner or importer. OPTION 1 for Sec. 80.67 [In the case that toxic emissions and exhaust VOC emissions are both regulated, substitute "average toxics emissions index and average exhaust VOC emissions index" for "average toxics emissions index" throughout Sec. 80.67.] OPTION 2 for Sec. 80.67 [In the case that toxic emissions and NOx emissions are both regulated, substitute "average toxics emissions index and average NOx emissions index" for "average toxics emissions index" throughout Sec. 80.67.] OPTION 3 for Sec. 80.67 [In the case that toxic emissions, exhaust VOC emissions and NOx emissions are all regulated, substitute "average toxics emissions index, average exhaust VOC emissions index and average NOx emissions index" for "average toxics emissions index" throughout Sec. 80.67.] 36. A new Sec. 80.68 is proposed to be added to subpart D to read as follows: Sec. 80.68 Toxics emission index calculation. (a) The toxics emission index shall be determined by the equation(s) listed below. For baseline determination, the fuel parameter values required for calculation of an index shall be the average parameter value as outlined in Sec. 80.66. (1) The toxics emission index (TOXIND) or indices (TOXIND1 and TOXIND2 or TOXIND1, TOXIND2, TOXIND3 and TOXIND4), as appropriate, of any finished gasoline shall be determined by the following equation: OPTION 1 for Paragraph (a)(1) TOXIND=1.077+(0.9441xFBEN)+{0.1133x(FAROM-FBEN)} where FBEN=Fuel benzene in terms of volume percent (as determined under Sec. 80.39) FAROM=Fuel aromatics in terms of volume percent (as determined under Sec. 80.39.) OPTION 2 for Paragraph (a)(1) TOXIND=EXHBENx{(1+ 0.00042x[SULFUR-339])x (1+0.0038x[T90-330])} where EXHBEN=exhaust benzene emissions, g/mi, as determined in Sec. 80.36(a)(3) SULFUR, T90, ... = Fuel values of these parameters (as determined under Sec. 80.39) Note: Include other fuel parameters as emissions effects of those parameters are discovered and incorporated into the reformulated gasoline exhaust toxics emissions model.] OPTION 3 for Paragraph (a)(1) TOXIND=EXHBEN+EVPBEN+ RLBEN+REFBEN where EXHBEN=exhaust benzene emissions, g/mi, as determined in Sec. 80.36(a)(3) EVPBEN=evaporative benzene emissions, g/mi, as determined in Sec. 80.36(a)(3) RLBEN=running loss benzene emissions, g/mi, as determined in Sec. 80.36(a)(3) REFBEN=refueling benzene emissions, g/mi, as determined in Sec. 80.36(a)(3) OPTION 4 for Paragraph (a)(1) TOXIND=EXHBEN+EVPBEN+ RLBEN+REFBEN+FORM+ ACET+BUTA where EXHBEN=exhaust benzene emissions, g/mi, as determined in Sec. 80.36(a)(3) EVPBEN=evaporative benzene emissions, g/mi, as determined in Sec. 80.36(a)(3) RLBEN=running loss benzene emissions, g/mi, as determined in Sec. 80.36(a)(3) REFBEN=refueling benzene emissions, g/mi, as determined in Sec. 80.36(a)(3) FORM=formaldehyde emissions, g/mi, as determined in Sec. 80.36(a)(3) ACET=acetaldehyde emissions, g/mi, as determined in Sec. 80.36(a)(3) BUTA=1,3-butadiene emissions, g/mi, as determined in Sec. 80.36(a)(3) OPTION 5 for Paragraph (a)(1) TOXIND1=FBEN TOXIND2=FAROM where FBEN=Fuel benzene in terms of volume percent (as determined under Sec. 80.39) FAROM=Fuel aromatics in terms of volume percent (as determined under Sec. 80.39) OPTION 6 for Paragraph (a)(1) TOXIND1=EXHBEN+EVPBEN+ RLBEN+REFBEN TOXIND2=FORM TOXIND3=ACET TOXIND4=BUTA where EXHBEN=exhaust benzene emissions, g/mi, as determined in Sec. 80.36(a)(3) EVPBEN=evaporative benzene emissions, g/mi, as determined in Sec. 80.36(a)(3) RLBEN=running loss benzene emissions, g/mi, as determined in Sec. 80.36(a)(3) REFBEN=refueling benzene emissions, g/mi, as determined in Sec. 80.36(a)(3) FORM=formaldehyde emissions, g/mi, as determined in Sec. 80.36(a)(3) ACET=acetaldehyde emissions, g/mi, as determined in Sec. 80.36(a)(3) BUTA=1,3-butadiene emissions, g/mi, as determined in Sec. 80.36(a)(3) OPTION for Paragraph (a)(2) (2) The VOC emissions index [VOCIND] of any finished gasoline shall be determined by the following equation: VOCIND=EXHVOCx{1+ 0.00042x[SULFUR-339])x (1+0.0038x[T90-330])} where EXHVOC=exhaust VOC emissions, g/mi, as determined in Sec. 80.36(a)(3) SULFUR, T90, ... =Fuel values of these parameters (as determined under Sec. 80.39) [Note: Include other fuel parameters as emissions effects of those parameters are discovered and incorporated into the reformulated gasoline exhaust VOC emissions model.] OPTION for Paragraph (a)(3) (3) The NOx emission index [NOxIND] of any finished gasoline shall be determined by the following equation: NOxIND=1+0.0003x[SULFUR-339] where SULFUR=Fuel sulfur content (as determined under Sec. 80.39) [Note: Include other fuel parameters as emissions effects of those parameters are discovered.] (b) [Reserved] Sec. 80.69 [Reserved] 37. Section 80.69 is added and reserved. 38. Section 80.70 is added to read as follows: OPTION 1 for Sec. 80.70 Sec. 80.70 Anti-dumping averaging periods. (a) The Summer averaging period shall consist of the period May 1 through August 31. (b) The Winter averaging period shall consist of the period September 1 through April 30. (c) In 1995 only, the period January 1, 1995 through April 30, 1995 shall constitute a Winter averaging period. OPTION 2 for Sec. 80.70 Sec. 80.70 Anti-dumping averaging periods. The averaging period shall be January 1 through December 31 for each calendar year beginning 1995. 39. Section 80.71 is added to read as follows: Sec. 80.71 Anti-dumping controls applicable to refiners and importers. OPTION 1 for Paragraph (a) (a) Summer Standards. As of January 1, 1995, no person shall produce or import conventional gasoline during the Summer averaging period that exceeds on average the summertime baseline toxics emissions index applicable to that person as calculated under Sec. 80.68. OPTION 2 for Paragraph (a) (a) [Replace "toxics" with "toxics and exhaust VOC".] OPTION 3 for paragraph (a) (a) [Replace "toxics" with "toxics and NOx".] OPTION 4 for paragraph (a) (a) [Replace "toxics' with "toxics, exhaust VOC and NOx".] OPTION 1 for Paragraph (b) (b) Winter standards. As of January 1, 1995, no person shall produce or import conventional gasoline during the Winter averaging period, that exceeds on average the wintertime baseline toxics emissions index applicable to that person as calculated under Sec. 80.68. OPTION 2 for Paragraph (b) (b) [Replace "toxics", with "toxics and exhaust VOC".] OPTION 3 for Paragraph (b) (b) [Replace "toxics" with "toxics and NOx". OPTION 4 for Paragraph (b) (b) [Replace "toxics" with "toxics, exhaust VOC and NOx".] OPTION 5 for paragraph (b) (b) Winter standards. As of January 1, 1995, no person shall produce or import during each calendar year conventional gasoline that exceeds on average the annual baseline toxics emissions index applicable to that person as calculated under Sec. 80.68. OPTION 6 for Paragraph (b) (b) [Replace "toxics" with "toxics and exhaust VOC".] OPTION 7 for Paragraph (b) (b) [Replace "toxics" with "toxics and NOx".] OPTION 8 for Paragraph (b) (b) [Replace "toxics" with "toxics, exhaust VOC and NOx".] OPTION 1 for Paragraph (c) (c) The summertime and wintertime baseline toxics emissions index applicable to a person shall be calculated using the methodology set forth in Sec. 80.68. The average toxics emissions index of conventional gasoline for purposes of determining compliance with the requirements herein shall be calculated using the toxics emissions index for each batch of gasoline produced or imported during the averaging period using the formula below: OPTION 2 for Paragraph (c) (c) [Replace "summertime and wintertime" with "annual".] OPTION 3 for Paragraph (c) (c) [Replace "toxics" with "toxics and exhaust VOC".] OPTION 4 for Paragraph (c) (c) [Replace "toxics" with "toxics and NOx".] OPTION 5 for paragraph (c) (c) [Replace "toxics" with "toxics, exhaust VOC and NOx".] Average Toxics Emissions Index= (TI1xV1)+(TI2xV2) ....+(TInxVn)/V1+V2 ....+Vn where TI1=Toxics emissions Index for a batch of gasoline calculated using the methodology in 80.68 V1=the volume of gasoline in a batch n=the number of batches of gasoline Note: Similar calculations would be followed for exhaust VOC and NOx. 40. Section 80.72 is added to read as follows: Sec. 80.72 Anti-dumping record keeping. For each batch of conventional gasoline which it produces or imports on or after January 1, 1995, a person shall: OPTION 1 for Paragraph (a) (a) Determine the toxics emissions index using the methodology described in Sec. 80.68; OPTION 2 for Paragraph (a) (a) [Replace "toxics" with "toxics and exhaust VOC".] OPTION 3 for Paragraph (a) (a) [Replace "toxics" with "toxics and NOx".] OPTION 4 for Paragraph (a) (a) [Replace "toxics" with "toxics, exhaust VOC and NOx".] OPTION 1 for Paragraph (b) (b) Obtain copies of the documents which state the results of tests performed to determine the level of each of the physical and chemical properties utilized in determining the toxics emissions index; OPTION 2 for Paragraph (b) (b) [Replace "toxics" with "toxics and exhaust VOC".] OPTION 3 for Paragraph (b) (b) [Replace "toxics" with "toxics and NOx".] OPTION 4 for Paragraph (b) (b) [Replace "toxics" with "toxics, exhaust VOC and NOx".] (c) Determine the volume of the batch of gasoline using the method normally employed at the refinery or import facility for this purpose; (d) Obtain documents which state the results of the volume determinations required in paragraph (c) of this section; and OPTION for Paragraph (e) (e) Obtain records which document the creation and the transfer of credits as described in Sec. 80.74. OPTION 1 for Paragraph (f) (f) For a period of five years from the date the gasoline is produced or imported, retain the documents required in this section and deliver such documents to the Administrator of EPA upon the Administrator's request. OPTION 2 for Paragraph (f) (f) [Replace "five years" with "three years".] OPTION 3 for Paragraph (f) (f) [Replace "five years" with "two years".] 41. Section 80.73 is added to read as follows: Sec. 80.73 Registration of persons for anti-dumping purposes. OPTION 1 for Paragraph (a) Introductory Text (a) Three months in advance of any averaging period during which a person will produce or import any conventional gasoline, such person shall register with the Administrator of EPA. This registration shall be on forms prescribed by the Administrator, and shall include the following information: OPTION 2 for Paragraph (a) Introductory Text (a) [Replace "Three months" with "One month".] (1) The name and business address of the person; (2) The address and physical location of each refinery and import facility at which conventional gasoline will be produced or imported by the person; and (3) The address and physical location where documents which are required to be retained by Secs. 80.65 through 80.76 will be kept by the person. (b) Within thirty days of any occasion when the registration information previously supplied by a person becomes incomplete or inaccurate, the person shall submit updated registration information to the Administrator. 42. Section 80.74 is added to read as follows: OPTION for Sec. 80.74: Sec. 80.74 Credits and trading. OPTION 1 for Sec. 80.74 Introductory Text Compliance with the requirements specified in Secs. 80.71 (a) and (b) may be achieved through the transfer of toxics emissions index credits, collectively called anti-dumping credits, provided that: OPTION 2 for Sec. 80.74 Introductory Text [Replace "toxics" with "toxics and exhaust VOC".] OPTION 3 for Sec. 80.71 Introductory Text [Replace "toxics" with "toxics and NOx".] OPTION 4 for Sec. 80.74 Introductory Text [Replace "toxics" with "toxics, exhaust VOC and NOx".] (a) The credits must be generated in the same averaging period as they are used; OPTION 1 for Paragraph (b) (b) The credit transfer agreement is made no later than the final day of the averaging period in which the anti-dumping credits are generated; and OPTION 2 for Paragraph (b) (b) [Replace "the final day of" with "ten days following".] OPTION 3 for Paragraph (b) (b) [Replace "the final day of" with "fifteen days following".] (c) Credits generated or required for each averaging period shall be determined by the following calculation: OPTION 1 for Paragraph (c)(1) (1) Calculate the complying total toxics emissions index by multiplying the applicable 1990 baseline toxics index times the number of gallons of gasoline produced and imported for the averaging period. OPTION 2 for Paragraph (c)(1) (1) [Replace "toxics" with "toxics and exhaust VOC".] OPTION 3 for Paragraph (c)(1) (1) [Replace "toxics" with "toxics and NOx".] OPTION 4 for Paragraph (c)(1) (1) [Replace "toxics" with "toxics, exhaust VOC and NOx".] OPTION 1 for Paragraph (c)(2) (2) Calculate the actual total toxics emissions index by multiplying the average toxics index, calculated pursuant to Sec. 80.66, times the total number of gallons of gasoline produced and imported during the averaging period. OPTION 2 for Paragraph (c)(2) (2) [Replace "toxics" with "toxics and exhaust VOC".] OPTION 3 for Paragraph (c)(2) (2) [Replace "toxics" with "toxics and NOx".] OPTION 4 for Paragraph (c)(2) (2) [Replace "toxics" with "toxics, exhaust VOC and NOx".] OPTION 1 for Paragraph (c)(3) (3) Subtract the actual total toxics index from the complying total toxics index. OPTION 2 for Paragraph (c)(3) (3) [Replace "toxics" with "toxics and exhaust VOC".] OPTION 3 for Paragraph (c)(3) (3) [Replace "toxics" with "toxics and NOx".] OPTION 4 for Paragraph (c)(3) (3) [Replace "toxics" with "toxics, exhaust VOC and NOx".] (4) If the result of the calculation in paragraph (c)(3) of this section is positive, this result is the number of credits which are available for transfer to others. (5) If the result of the calculation in paragraph (c)(3) of this section is negative, this result is the number of credits which are required to achieve compliance with the requirements of Sec. 80.71. 43. Section 80.75 is added to read as follows: Sec. 80.75 Anti-dumping reports. (a) For each averaging period in which a person produced or imported any conventional gasoline during any averaging period, the person shall submit to the Administrator of EPA a report which contains the following information: (1) The total gallons of conventional gasoline that person produced or imported during the averaging period; OPTION 1 for Paragraph (a)(2) (2) The average toxics emissions index, and the calculations used to derive the index of the total volume of conventional gasoline the person produced or imported during the averaging period; OPTION 2 for Paragraph (a)(2) (2) [Replace "toxics" with "toxics and exhaust VOC".] OPTION 3 for Paragraph (a)(2) (2) [Replace "toxics" with "toxics and NOx".] OPTION 4 for Paragraph (a)(2) (2) [Replace "toxics" with "toxics, exhaust VOC and NOx".] (3) The total credits utilized during the average period plus the names of the parties involved in the transfer of credits, and the number of credits transferred; and (4) Such other information as EPA may require. (b) The report required by paragraph (a) of this section shall be: (1) Submitted on forms and following procedures specified by the Administrator of EPA; (2) Submitted to the Administrator of EPA within fifteen days following the conclusion of each averaging period; and (3) Signed by the owner or a responsible corporate officer of the refiner or importer business. (c) In addition to the reports required by this paragraph, each person who produces or imports conventional gasoline during an averaging period shall cause to be submitted to the Administrator of EPA the report of an audit, to be conducted in accordance with the requirements of Sec. 80.70, within sixty days following the conclusion of every averaging period. (1) The audit report required in this paragraph (c) shall be submitted to EPA by the auditor. (2) Failure of the auditor to submit the required report will constitute a violation of the reporting requirement by the person who produced or imported conventional gasoline. [Note: Additional reporting requirements will be necessary in Sec. 80.75 if maximum benzene content is required.] 44. Section 80.76 is added to read as follows: OPTION for Sec. 80.76 Sec. 80.76 Anti-dumping prohibited activities. (a) Prohibited activity. (1) No refiner, importer, carrier, distributor, reseller, retailer, or wholesale purchaser-consumer may manufacture, sell, offer for sale, dispense, supply, offer for supply, store, transport, or cause the transportation of conventional gasoline which contains more than [a specified] percent content of benzene. (2) Liability for violations of the prohibited activities. Where the gasoline contained in any storage tank at any facility owned, leased, operated, controlled or supervised by any retailer, wholesale purchaser- consumer, distributor, reseller, carrier, refiner, or importer is found in violation of the prohibition described in paragraph (a)(1) of this section, the following persons shall be deemed in violation: (i) The retailer, wholesale purchaser-consumer, distributor, reseller, carrier, refiner, or importer who owns, leases, operates, controls or supervises the facility where the violation is found; and (ii) Each refiner, importer, distributor, reseller, and carrier who manufactured, imported, sold, offered for sale, dispensed, supplied, offered for supply, stored, transported, or caused the transportation of any gasoline which is in the storage tank containing gasoline found to be in violation. (b) Defenses for prohibited activity. (1) In any case in which a refiner, importer, distributor, reseller, carrier, retailer, or wholesale purchaser- consumer would be in violation under paragraph (a) of this section, it shall be deemed not in violation if it can demonstrate: (i) That the violation was not caused by the regulated party or its employee or agent; (ii) Documents which accompany the gasoline which contain the information required by Sec. 80.61(a), and which indicate the gasoline met relevant requirements; and (iii) A quality assurance sampling and testing program carried out by the regulated party. (2) Where a violation is found at a facility which is operating under the corporate, trade or brand name of a refiner, that refiner must show, in addition to the defense elements required by paragraph (b)(1) of this section, that the violation was caused by: (i) An act in violation of law (other than the Act or this part), or an act of sabotage or vandalism; (ii) The action of any reseller, distributor, ethanol blender, carrier, or a retailer or wholesale purchaser-consumer supplied by any of these persons, in violation of a contractual undertaking imposed by the refiner designed to prevent such action, and despite periodic sampling and testing by the refiner to ensure compliance with such contractual obligation; or (iii) The action of any carrier or other distributor not subject to a contract with the refiner but engaged by the refiner for transportation of gasoline, despite specification or inspection of procedures and equipment by the refiner which are reasonably calculated to prevent such action. (3) In this paragraph (b)(3), the term "was caused" means that the party must demonstrate by reasonably specific showings, by direct or circumstantial evidence, that the violation was caused or must have been caused by another. [FR Doc. 91-15729 Filed 7-2-91; 10:22 am] BILLING CODE 6560-50-M