Current through Reg. 50, No. 13; March 28, 2025
(a) Compliance with
the diesel fuel content requirements of this division must be determined by
applying the appropriate test methods and procedures specified in the active
version of American Society for Testing and Materials (ASTM) D975 (Standard
Specification for Diesel Fuel Oils), or by applying the supplementary test
methods and procedures specified in paragraphs (1) - (5) of this subsection, as
appropriate.
(1) The aromatic hydrocarbon
content may be determined by the active version of ASTM Test Method D5186
(Standard Test Method for Determination of Aromatic Content and Polynuclear
Aromatic Content of Diesel Fuels and Aviation Turbine Fuels by Supercritical
Fluid Chromatography). The following correlation equation must be used to
convert the supercritical fluid chromatography (SFC) results in mass percent to
volume percent: aromatic hydrocarbons expressed in percent by volume = 0.916 x
(aromatic hydrocarbons expressed in percent by weight) + 1.33.
(2) The polycyclic aromatic hydrocarbon (also
referred to as polynuclear aromatic hydrocarbons or PAH) content may be
determined by the active version of ASTM Test Method D5186 (Standard Test
Method for Determination of Aromatic Content and Polynuclear Aromatic Content
of Diesel Fuels and Aviation Turbine Fuels by Supercritical Fluid
Chromatography). The correlation equation specified in paragraph (1) of this
subsection must be used to convert the SFC results in mass percent to volume
percent.
(3) The nitrogen content
may be determined by the active version of ASTM Test Method D4629 (Standard
Test Method for Trace Nitrogen in Liquid Petroleum Hydrocarbons by
Syringe/Inlet Oxidative Combustion and Chemiluminescence Detection).
(4) The American Petroleum Institute (API)
gravity index may be determined by the active version of ASTM Test Method D287
(Standard Test Method for API Gravity of Crude Petroleum and Petroleum Products
(Hydrometer Method)).
(5) The
distillation temperatures may be determined by the active version of ASTM Test
Method D86 (Standard Test Method for Distillation of Petroleum Products at
Atmospheric Pressure).
(b) Modifications to the testing methods and
procedures in this section may be approved by the executive director after
consultation with and agreement by the United States Environmental Protection
Agency (EPA).
(c) The executive
director, upon application, may approve alternative diesel fuel formulations as
prescribed under §
114.312(d) of
this title (relating to Low Emission Diesel Standards) that may be used to
satisfy the low emission diesel fuel (LED) requirements specified in §
114.312(a) of
this title if the applicant has demonstrated to the satisfaction of the
executive director and the EPA in accordance with the procedures specified in
paragraph (1) of this subsection that the alternative diesel fuel formulation
will achieve equivalent or better reductions in emissions of nitrogen oxides
(NOX).
(1) The
applicant shall submit documentation demonstrating that the applicable fuel
properties of the alternative diesel fuel formulation demonstrate at least a
5.5% reduction in NOX emissions from on-road diesel fuel
for the year 2007, and at least a 6.2% reduction in NOX
emissions from non-road diesel fuel, using the Unified Model as described in
the EPA staff discussion document,
Strategies and Issues in Correlating
Diesel Fuel Properties with Emissions, Publication Number
EPA420-P-01-001, published July 2001.
(2) For alternative diesel fuel formulations
that achieve emission reductions as demonstrated in accordance with the
criteria specified in paragraph (1) of this subsection, the applicant shall
provide documentation to the executive director upon application that includes
the cetane number, aromatic hydrocarbon content, specific gravity, and the
temperature corresponding to the 50% point on the distillation curve in degrees
Fahrenheit (T50) of the alternative diesel fuel formulation for which the
applicant is requesting approval as determined in accordance with the test
methods and procedures specified in subsection (a) of this section.
(3) If the alternative diesel fuel
formulation has been demonstrated to the satisfaction of the executive director
and the EPA to achieve comparable or better reductions in emissions of
NOX in accordance with paragraph (1) of this subsection,
then the executive director may issue a notice of approval indicating that the
alternative diesel fuel formulation may be used to satisfy the LED requirements
of §
114.312(a) of
this title.
(A) The approval notification must
identify the specifications of the alternative diesel fuel formulation as
approved under this subsection by listing the cetane number, aromatic
hydrocarbon content, specific gravity, and the temperature corresponding to the
50% point on the distillation curve in degrees Fahrenheit (T50) of the
alternative diesel fuel formulation as documented in paragraph (2) of this
subsection.
(B) The approval
notification must assign an identification number to the specific approved
alternative diesel fuel formulation.
(d) Approval of any additive-based
alternative diesel fuel formulation as prescribed under this section prior to
April 1, 2012, and thereafter, is subject to revocation if the executive
director determines that the composition of the additive component of the
approved alternative diesel fuel formulation has been altered so that it no
longer matches the composition of the additive as originally approved. If the
executive director revokes the approval of an additive-based alternative diesel
formulation, producers using the alternative diesel formulation to satisfy the
LED requirements of §
114.312(a) of
this title must discontinue all use of the alternative diesel formulation
within 45 days of the date of revocation.
(e) All alternative diesel fuel formulations
approved by the executive director as prescribed under this section prior to
April 1, 2012, may continue to be used to comply with the provisions specified
in this division.
