Title 40

SECTION 80.86

80.86 Requirements for producers and importers of pentane used by pentane blenders.

§ 80.86 Requirements for producers and importers of pentane used by pentane blenders.

Producers and importers of pentane may designate batches of pentane as blender-commercial grade pentane or blender-non-commercial grade pentane suitable for use by pentane blenders pursuant to the requirements in this section.

(a) Standards. (1) The pentane must be composed solely of carbon, hydrogen, oxygen, nitrogen, and sulfur.

(2) The pentane must meet the standards for blender-commercial grade pentane or blender-non-commercial grade pentane.

(3) For blender commercial grade pentane, the producer or importer must conduct analytical testing to on each production batch to demonstrate compliance with the following standards using sampling and testing procedures that have been approved by the Administrator:

(i) Pentane ≥95 vol%.

(ii) Olefins ≤1.0 vol%.

(iii) Aromatics ≤2.0 vol%.

(iv) Benzene ≤0.03 vol%.

(v) C6 and higher carbon number hydrocarbons ≤5.0 vol%.

(vi) Sulfur ≤30 ppm from January 1, 2005 through December 31, 2016; ≤10 ppm beginning January 1, 2017 and thereafter.

(4) For blender-non-commercial grade pentane, the producer or importer must conduct analytical testing on each production batch to demonstrate compliance with the following standards using sampling and testing procedures that have been approved by the Administrator:

(i) Olefins ≤10.0 vol%.

(ii) Aromatics ≤2.0 vol%.

(iii) Benzene ≤0.03 vol%.

(iv) C6 and higher carbon number hydrocarbons ≤5.0 vol%.

(v) Sulfur ≤30 ppm beginning January 1, 2005 through December 31, 2016; ≤10 ppm beginning January 1, 2017 and thereafter.

(b) Registration. The producer or importer of pentane for use by pentane blenders must register with EPA pursuant to the following requirements:

(1) Registration dates. Any producer or importer of pentane for use by pentane blenders must register with EPA at least thirty days in advance of the first date that such person will produce or import pentane for use by pentane blenders.

(2) Registration for producers of pentane for use by pentane blenders. Registration shall be on forms and following procedures prescribed by the Administrator, and shall include all the following information:

(i) The name, business address, contact name, email address, and telephone number of the producer of pentane for use by pentane blenders.

(ii) For each separate facility that will produce pentane for use by pentane blenders, the facility name, physical location, contact name, telephone number, and type of facility.

(iii) For each separate facility that will produce pentane for use by pentane blenders -

(A) Whether records are kept on-site or off-site of the refinery.

(B) If records are kept off-site, the primary off-site storage facility name, physical location, contact name, and telephone number.

(iv) A description of the production facility which demonstrates that the facility is capable of producing pentane that is compliant with the requirements of this section without significant modifications to the existing facility.

(v) A description of the means pentane will be shipped from the production facility to the pentane blender(s) and the associated quality assurance practices which demonstrate that contamination during distribution can be adequately controlled so as not to cause the pentane to be in violation of the standards in this section.

(vi) A description of the sampling and testing procedures that will be used pursuant to the requirements of paragraphs (a)(3) and (4) of this section.

(vii) EPA will supply a company registration number to each producer of pentane for use by pentane blenders, and a facility registration number for each production facility that is identified. These registration numbers shall be used in all reports to the Administrator.

(viii) Any producer of pentane for use by pentane blenders shall submit updated registration information to the Administrator within thirty days of any occasion when the registration information previously supplied becomes incomplete or inaccurate.

(3) Registration for importers of pentane for use by pentane blenders. Registration shall be on forms and following procedures prescribed by the Administrator, and shall include all the following information:

(i) The name, business address, contact name, and email address, telephone number of the importer.

(ii) For each importer's operations in a single PADD -

(A) Whether records are kept on-site at the registered address or off-site.

(B) If records are kept off-site, the primary off-site storage facility name, physical location, contact name, email address, and telephone number.

(iii) A description of the importer's operating facility which demonstrates that the importer is capable of providing pentane that is compliant with the requirements of this section without significant modifications to the existing facility.

(iv) A description of the means pentane will be shipped from the importer's facility to the pentane blender(s) and the associated quality assurance practices which demonstrate that contamination during distribution can be adequately controlled so as not to cause the pentane to be in violation of the standards in this section.

(v) A description of the sampling and testing procedures that will be used pursuant to the requirements of paragraphs (a)(3) and (4) of this section.

(vi) EPA will supply a company registration number to each importer. This registration number shall be used in all reports to the Administrator.

(vii) Any importer of pentane for use by pentane blenders shall submit updated registration information to the Administrator within thirty days of any occasion when the registration information previously supplied becomes incomplete or inaccurate.

(c) PTDs. The producer or importer of pentane for use by pentane blenders must initiate a PTD for each batch that it ships from its facility which contains the information specified in paragraphs (c)(1) and (c)(2) of this section and the statement in paragraph (c)(3) or (c)(4) of this section, as applicable.

(1) The pentane producer or importer company name and facility registration number issued by EPA pursuant to paragraph (b) of this section.

(2) The name and address of the transferor and transferee.

(3) “Blender commercial grade pentane for use by pentane blenders”.

(4) “Blender non-commercial grade pentane for use by pentane blenders”.

(5) PTDs that are compliant with the requirements in paragraph (c) of this section must be transferred from each party transferring pentane for use by pentane blenders to each party that receives pentane for use by pentane blenders through to the pentane blender.

(6) Alternative PTD language to that specified in paragraphs (c)(3) and (c)(4) of this section may be used as approved by EPA.

(d) Batch numbers. Every batch of pentane for use by pentane blenders that is produced or imported at a pentane production or import facility shall be assigned a number (the “batch number”), consisting of the EPA-assigned 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.).

[79 FR 23645, Apr. 28, 2014, as amended at 80 FR 9095, Feb. 19, 2015]