Title 40

SECTION 80.1610

80.1610 Standards and requirements for producers and importers of denatured fuel ethanol and other oxygenates designated for use in transportation fuel.

§ 80.1610 Standards and requirements for producers and importers of denatured fuel ethanol and other oxygenates designated for use in transportation fuel.

Beginning January 1, 2017, producers and importers of denatured fuel ethanol (DFE) or other oxygenates designated for use in transportation fuel must comply with the following requirements:

(a) Standards. (1) The sulfur content must not be greater than 10 ppm.

(2) The DFE or other oxygenate must be composed solely of carbon, hydrogen, nitrogen, oxygen and sulfur.

(3) In the case of DFE, only previously certified gasoline (including previously certified blendstocks for oxygenate blending), gasoline blendstocks, or natural gas liquids may be used as denaturants.

(4) The concentration of all denaturants used in DFE is limited to a maximum of 3.0 volume percent.

(b) Registration. Unless registered under § 80.1450, the producer or importer of DFE or other oxygenate must register with EPA pursuant to the requirements of § 80.1650.

(c) PTDs. In addition to any other product transfer document requirements under this part, on each occasion when any person transfers custody or title to any oxygenate upstream of any oxygenate blending facility, the transferor shall provide to the transferee product transfer documents which include the following information:

(1) For DFE, “Denatured fuel ethanol, maximum 10 ppm sulfur.”; or

(2) For oxygenates other than DFE, The name of the specific oxygenate must be identified on the PTD, followed by “maximum 10 ppm sulfur”.

(3) PTDs that are complaint with the requirements in paragraph (c) of this section must be transferred from each party transferring oxygenate to each party that receives oxygenate through to the oxygenate blender.

(4) Alternative PTD language to that specified in paragraphs (c)(1) and (2) of this section may be used as approved by EPA.

(d) Batch numbers. Every batch of oxygenate produced or imported at oxygenate production or import facility shall be assigned a number (the “batch number”), consisting of the EPA-assigned oxygenate producer or importer registration number, the EPA facility registration number, the last two digits of the year in which the batch was produced, and a unique number for the batch, beginning with the number one for the first batch produced or imported each calendar year and each subsequent batch during the calendar year being assigned the next sequential number (e.g., 4321-54321-95-000001, 4321-54321-95-000002, etc.). An alternative batch numbering protocol may be used as approved by the Administrator.

(e) Annual Reports. Submit annual reports to EPA pursuant to the requirements of § 80.1652.

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