Gasoline additive manufacturers and blenders must meet the following requirements:

(a) Gasoline additive manufacturers, as defined in 40 CFR 79.2(f), who manufacture additives with a maximum allowed treatment rate of less than 1.0 volume percent must meet all the following requirements:

(1) The additive must contribute no more than 3 ppm on a per gallon basis to the sulfur content of gasoline when used at the maximum recommended treatment rate.

(2) The additive manufacturer must maintain records of its additive production quality control activities which demonstrates that the sulfur content of additive production batches complies with the sulfur requirement in paragraph (a)(1) of this section and make these records available to EPA upon request.

(3) The maximum treatment rate on the product transfer document for the additive must state all the following:

(i) The maximum registered concentration.

(ii) The maximum allowed treatment rate which corresponds to the maximum registered concentration. The maximum allowed concentration must be less than 1.0% by volume.

(b) Any person who blends an additive that meets the requirements of paragraph (a) in this section into PCG is not subject to any requirement of this subpart O, except the downstream gasoline sulfur standard of §80.1604(b) and the prohibition in §80.1660(f), if all the following conditions are met:

(1) The person blends the additive to PCG at a concentration of less than 1.0% by volume.

(2) The person does not add any other blendstock or additive except for oxygenates meeting the requirements of §80.1610 and additives meeting the requirements of this section to PCG.

(3) The person does not add the additive at a concentration that contributes more than 3 ppm on a per gallon basis to the sulfur content of gasoline.

(c) Any person who blends any additive that does not meet the requirements of paragraphs (a) and (b) of this section, is subject to all of the requirements of this subpart O, including the standards and requirements at §80.1640 that apply to refiners producing gasoline by blending blendstocks into PCG.

(d) Oxygenates subject to the 10 ppm per-gallon sulfur standard and the requirements of §80.1610 are not subject to the provisions of this section. On any occasion where the additive blender is solely acting as an oxygenate blender, as defined in §80.2(mm), it is subject to the downstream gasoline sulfur standard of §80.1604(b) and the prohibition in §80.1660(e).

[79 FR 23655, Apr. 28, 2014, as amended at 80 FR 9099, Feb. 19, 2015]