40 CFR 80.2 - Definitions.
Definitions apply in this part as described in this section.
1State means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa and the Commonwealth of the Northern Mariana Islands.
(d)Previously certified gasoline, or PCG, means conventional gasoline, reformulated gasoline, RBOB, or CBOB that previously has been included in a batch for purposes of complying with the standards of 40 CFR part 80 that apply to refiners and importers.
(f)Previously designated diesel fuel or PDD means diesel fuel that has been previously designated and included by a refiner or importer in a batch for purposes of complying with the standards and requirements of subpart I of this part.
(g)Unleaded gasoline means gasoline which is produced without the use of any lead additive and which contains not more than 0.05 gram of lead per gallon and not more than 0.005 gram of phosphorus per gallon.
(h)Refinery means any facility, including but not limited to, a plant, tanker truck, or vessel where gasoline or diesel fuel is produced, including any facility at which blendstocks are combined to produce gasoline or diesel fuel, or at which blendstock is added to gasoline or diesel fuel.
(j)Retail outlet means any establishment at which gasoline, diesel fuel, methanol, natural gas or liquified petroleum gas is sold or offered for sale for use in motor vehicles or nonroad engines, including locomotive engines or marine engines.
(l)Distributor means any person who transports or stores or causes the transportation or storage of gasoline or diesel fuel at any point between any gasoline or diesel fuel refinery or importer's facility and any retail outlet or wholesale purchaser-consumer's facility.
(n)Reseller means any person who purchases gasoline or diesel fuel identified by the corporate, trade, or brand name of a refiner from such refiner or a distributor and resells or transfers it to retailers or wholesale purchaser-consumers displaying the refiner's brand, and whose assets or facilities are not substantially owned, leased, or controlled by such refiner.
(o)Wholesale purchaser-consumer means any person that is an ultimate consumer of gasoline, diesel fuel, methanol, natural gas, or liquified petroleum gas and which purchases or obtains gasoline, diesel fuel, natural gas or liquified petroleum gas from a supplier for use in motor vehicles or nonroad engines, including locomotive engines or marine engines and, in the case of gasoline, diesel fuel, methanol or liquified petroleum gas, receives delivery of that product into a storage tank of at least 550-gallon capacity substantially under the control of that person.
(r)Importer means a person who imports gasoline, gasoline blending stocks or components, or diesel fuel from a foreign country into the United States (including the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands).
(t)Carrier means any distributor who transports or stores or causes the transportation or storage of gasoline or diesel fuel without taking title to or otherwise having any ownership of the gasoline or diesel fuel, and without altering either the quality or quantity of the gasoline or diesel fuel.
(u)Ethanol blending plant means any refinery at which gasoline is produced solely through the addition of ethanol to gasoline, and at which the quality or quantity of gasoline is not altered in any other manner.
(w)Cetane index or “Calculated cetane index” is a number representing the ignition properties of diesel fuel oils from API gravity and mid-boiling point, as determined by ASTM D976.
(2) A non-distillate fuel other than residual fuel with comparable physical and chemical properties (e.g., biodiesel fuel); or
(3) A mixture of fuels meeting the criteria of paragraphs (1) and (2) of this definition.
(z)Aromatic content of diesel fuel is the aromatic hydrocarbon content in volume percent as follows:
(1) Through December 31, 2015, determine aromatic content of diesel fuel by ASTM D1319.
(cc)Designated Volatility Nonattainment Area means any area designated as being in nonattainment with the National Ambient Air Quality Standard for ozone pursuant to rulemaking under section 107(d)(4)(A)(ii) of the Clean Air Act.
(dd)Designated Volatility Attainment Area means an area not designated as being in nonattainment with the National Ambient Air Quality Standard for ozone pursuant to rulemaking under section 107(d)(4)(A)(ii) of the Clean Air Act.
(jj)Oxygenate means any substance which, when added to gasoline, increases the oxygen content of that gasoline. Lawful use of any of the substances or any combination of these substances requires that they be “substantially similar” under section 211(f)(1) of the Clean Air Act, or be permitted under a waiver granted by the Administrator under the authority of section 211(f)(4) of the Clean Air Act.
(kk)Reformulated gasoline blendstock for oxygenate blending, or RBOB means a petroleum product which, when blended with a specified type and percentage of oxygenate, meets the definition of reformulated gasoline, and to which the specified type and percentage of oxygenate is added other than by the refiner or importer of the RBOB at the refinery or import facility where the RBOB is produced or imported.
(ll)Oxygenate blending facility means any facility (including a truck) at which oxygenate is added to gasoline or blendstock, and at which the quality or quantity of gasoline is not altered in any other manner except for the addition of deposit control additives.
(mm)Oxygenate blender means any person who owns, leases, operates, controls, or supervises an oxygenate blending facility, or who owns or controls the blendstock or gasoline used or the gasoline produced at an oxygenate blending facility.
(oo)Liquefied petroleum gas means a liquid hydrocarbon fuel that is stored under pressure and is composed primarily of species that are gases at atmospheric conditions (temperature = 25 °C and pressure = 1 atm), excluding natural gas.
(tt)Natural gas means a fuel whose primary constituent is methane.
(ww)Gasoline Treated as Blendstock, or GTAB, means imported gasoline that is excluded from the import facility's compliance calculations, but is treated as blendstock in a related refinery that includes the GTAB in its refinery compliance calculations.
(xx)Diesel fuel additive means any substance not composed solely of carbon and/or hydrogen, or of diesel blendstocks, that is added to, intended to be added to, used in, or offered for use in motor vehicle diesel fuel or NRLM diesel fuel or in diesel motor vehicle or diesel NRLM engine fuel systems subsequent to the production of diesel fuel by processing crude oil from refinery processing units.
(aaa)Distillate fuel means diesel fuel and other petroleum fuels that can be used in engines that are designed for diesel fuel. For example, jet fuel, heating oil, kerosene, No. 4 fuel, DMX, DMA, DMB, and DMC are distillate fuels; and natural gas, LPG, gasoline, and residual fuel are not distillate fuels. Blends containing residual fuel may be distillate fuels.
(bbb)Residual fuel means a petroleum fuel that can only be used in diesel engines if it is preheated before injection. For example, No. 5 fuels, No. 6 fuels, and RM grade marine fuels are residual fuels. Note: Residual fuels do not necessarily require heating for storage or pumping.
(ccc)Heating oil means any #1, #2, or non-petroleum diesel blend that is sold for use in furnaces, boilers, and similar applications and which is commonly or commercially known or sold as heating oil, fuel oil, and similar trade names, and that is not jet fuel, kerosene, or MVNRLM diesel fuel.
(ddd)Jet fuel means any distillate fuel used, intended for use, or made available for use in aircraft.
(mmm)Marine engine and Category 3 have the meanings given under 40 CFR 94.2.
(nnn)Nonroad, locomotive, or marine (NRLM) diesel fuel means any diesel fuel or other distillate fuel that is used, intended for use, or made available for use, as a fuel in any nonroad diesel engines, including locomotive and marine diesel engines, except the following: Distillate fuel with a T90 at or above 700 °F that is used only in Category 2 and 3 marine engines is not NRLM diesel fuel, and ECA marine fuel is not NRLM diesel fuel (note that fuel that conforms to the requirements of NRLM diesel fuel is excluded from the definition of “ECA marine fuel” in this section without regard to its actual use). Use the distillation test method specified in 40 CFR 1065.1010 to determine the T90 of the fuel. NR diesel fuel and LM diesel fuel are subcategories of NRLM diesel fuel.
(1) Any diesel fuel that is sold for use in stationary engines that are required to meet the requirements of § 80.510(a) and/or (b), when such provisions are applicable to nonroad engines, shall be considered NRLM diesel fuel.
(ppp)Locomotive or marine (LM) diesel fuel means any diesel fuel or other distillate fuel that is used, intended for use, or made available for use, as a fuel in locomotive or marine diesel engines, except for the following fuels:
(2) Distillate fuel with a T90 greater than 700 °F that is used only in Category 2 and 3 marine engines is not LM diesel fuel. Use the distillation test method specified in 40 CFR 1065.1010 to determine the T90 of the fuel.
(qqq)MVNRLM diesel fuel means any diesel fuel or other distillate fuel that meets the definition of motor vehicle (MV) or nonroad, locomotive, or marine (NRLM) diesel fuel. Motor vehicle diesel fuel, NRLM diesel fuel, NR diesel fuel, and LM diesel fuel are subcategories of MVNRLM diesel fuel.
(rrr)Solvent yellow 124 means N-ethyl-N-[2-[1-(2-methylpropoxy)ethoxyl]-4-phenylazo]-benzeneamine.
(1) All diesel, distillate, or residual fuel used, intended for use, or made available for use in Category 3 marine vessels while the vessels are operating within an Emission Control Area (ECA), or an ECA associated area, is ECA marine fuel, unless it meets the criteria of paragraph (ttt)(2) of this section.
(2) ECA marine fuel does not include any of the following fuel:
(i) Fuel used by exempted or excluded vessels (such as exempted steamships), or fuel used by vessels allowed by the U.S. government pursuant to MARPOL Annex VI Regulation 3 or Regulation 4 to exceed the fuel sulfur limits while operating in an ECA or an ECA associated area (see 33 U.S.C. 1903).
(ii) Fuel that conforms fully to the requirements of this part for NRLM diesel fuel (including being designated as NRLM).
(iii) Fuel used, or made available for use, in any diesel engines not installed on a Category 3 marine vessel.
(vvv)Denatured fuel ethanol (DFE) means an alcohol of the chemical formula C2H6O which contains a denaturant to make it unfit for human consumption, that is produced or imported for use in motor gasoline, and that meets the requirements of § 80.1610.
(yyy)Oxygenate importer means a person who imports oxygenate from a foreign country into the United States (including the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Northern Mariana Islands).
(bbbb)Natural gas liquids (NGL) means the components of natural gas (primarily propane, butane, pentane, hexane, and heptane) that are separated from the gas state in the form of liquids in facilities such as a natural gas production facility, a gas processing plant, a natural gas pipeline, or a refinery or similar facility. The higher temperature boiling components of NGL are sometimes referred to as “natural gasoline”.
(dddd)Butane blender means a refiner or refinery that produces gasoline by blending butane that meets the quality specifications in § 80.82 with conventional gasoline, CBOB, reformulated gasoline, or RBOB, and that uses the streamlined provisions in § 80.82 to meet some of the applicable sampling and testing requirements.
(eeee)Pentane blender means a refiner or refinery that produces gasoline by blending pentane that meets the quality specifications in § 80.86 with conventional gasoline, CBOB, reformulated gasoline, or RBOB, and that uses the streamlined provisions in § 80.85 to meet some of the applicable sampling and testing requirements.
(iiii)Ethanol denaturant means previously certified gasoline (including previously certified blendstocks for oxygenate blending), gasoline blendstocks, or natural gasoline liquids that are added to neat (un-denatured) ethanol to make it unfit for human consumption in accordance with the requirements of the Alcohol and Tobacco Tax and Trade Bureau of the U.S. Treasury Department.
(kkkk)Materials incorporated by reference. The published materials identified in this section are incorporated by reference into this section with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 1 CFR part 51. To enforce any edition other than that specified in this section, a document must be published in the Federal Register and the material must be available to the public. All approved materials are available for inspection at the Air and Radiation Docket and Information Center (Air Docket) in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave. NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566-1744, and the telephone number for the Air Docket is (202) 566-1742. These approved materials are also available for inspection at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call (202) 741-6030 or go to http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html. In addition, these materials are available from the sources listed below.
(1)ASTM International material. The following standards are available from ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959, (877) 909-ASTM, or http://www.astm.org:
- 40 CFR 80.1600 — Additional Definitions for Subpart O.
- 40 CFR 80.1613 — Standards and Other Requirements for Gasoline Additive Manufacturers and Blenders.
- 40 CFR 80.47 — Performance-Based Analytical Test Method Approach.
- 40 CFR 80.1100 — How Is the Statutory Default Requirement for 2006 Implemented?
- 40 CFR 80.1465 — What Are the Additional Requirements Under This Subpart for Foreign Small Refiners, Foreign Small Refineries, and Importers of RFS-FRFUEL?
- 40 CFR 80.1407 — How Are the Renewable Volume Obligations Calculated?
- 40 CFR 1065.705 — Residual and Intermediate Residual Fuel.
- 40 CFR 80.30 — Liability for Violations of Diesel Fuel Control and Prohibitions.
- 40 CFR 80.1101 — Definitions.
- 40 CFR 80.94 — Requirements for Gasoline Produced at Foreign Refineries.
- 40 CFR 80.1601 — Fuels Subject to the Provisions of This Subpart.
- 40 CFR 80.2 — Definitions.
- 40 CFR 80.1500 — Definitions.
- 40 CFR 80.22 — Controls and Prohibitions.
- 40 CFR 80.1401 — Definitions.
- 40 CFR 80.91 — Individual Baseline Determination.
- 40 CFR 80.1165 — What Are the Additional Requirements Under This Subpart for a Foreign Small Refiner?
- 40 CFR 80.1640 — Standards and Requirements That Apply to Refiners Producing Gasoline by Blending Blendstocks Into Previously Certified Gasoline (PCG).
- 40 CFR 80.510 — What Are the Standards and Marker Requirements for Refiners and Importers for NRLM Diesel Fuel and ECA Marine Fuel?
- 40 CFR 80.502 — What Definitions Apply for Purposes of This Subpart?
- 40 CFR 80.1363 — What Are the Additional Requirements Under This Subpart for Gasoline Produced at Foreign Refineries?
- 40 CFR 80.620 — What Are the Additional Requirements for Diesel Fuel or Distillates Produced by Foreign Refineries Subject to a Temporary Refiner Compliance Option, Hardship Provisions, or Motor Vehicle or NRLM Diesel Fuel Credit Provisions?
- 40 CFR 80.410 — What Are the Additional Requirements for Gasoline Produced at Foreign Refineries Having Individual Small Refiner Sulfur Baselines, Foreign Refineries Granted Temporary Relief Under § 80.270, or Baselines for Generating Credits During 2000 Through 2003?
- 40 CFR 80.520 — What Are the Standards and Dye Requirements for Motor Vehicle Diesel Fuel?
- 40 CFR 80.1030 — What Are the Requirements for Gasoline Produced at Foreign Refineries Having Individual Refiner Toxics Baselines?
- 40 CFR 80.611 — What Evidence May Be Used to Determine Compliance With the Prohibitions and Requirements of This Subpart and Liability for Violations of This Subpart?
- 40 CFR 80.511 — What Are the Per-Gallon and Marker Requirements That Apply to NRLM Diesel Fuel, ECA Marine Fuel, and Heating Oil Downstream of the Refiner or Importer?
- 40 CFR 80.581 — What Are the Batch Testing and Sample Retention Requirements for Motor Vehicle Diesel Fuel, NRLM Diesel Fuel, and ECA Marine Fuel?
- 40 CFR 80.211 — What Are the Requirements for Treating Imported Gasoline as Blendstock?