Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of October 02, 2022 | Updated by FindLaw Staff
This section contains requirements for automated detergent blending facilities and hand-blending detergent facilities. All gasolines and all PRC intended for use in gasoline must be additized, unless otherwise noted in supporting VAR records, and must be accounted for in VAR records. The VAR reconciliation standard is attained under this section when the actual concentration of detergent used per VAR formula record equals or exceeds the lowest additive concentration (LAC) specified for that detergent pursuant to § 80.141(c)(3), or, if appropriate, under § 80.141(d). A separate VAR formula record must be created for leaded gasoline additized with a detergent registered for use only with leaded gasoline, or used at a concentration that is registered as effective for leaded gasoline only. Detergent so used must be accurately and separately measured, either through the use of a separate storage tank, a separate meter, or some other measurement system that is able to accurately distinguish its use. Recorded volumes of gasoline, detergent, and PRC must be expressed to the nearest gallon (or smaller units), except that detergent volumes of five gallons or less must be expressed to the nearest tenth of a gallon (or smaller units). However, if the blender's equipment cannot accurately measure to the nearest tenth of a gallon, then such volumes must be rounded downward to the next lower gallon. PRC included in the reconciliation must be identified. Each VAR formula record must also contain the following information:
(a) Automated blending facilities. In the case of an automated detergent blending facility, for each VAR period, for each detergent storage system and each detergent in that storage system, the following must be recorded:
(1) The manufacturer and commercial identifying name of the detergent additive package being reconciled, and the LAC specified in the detergent registration for use with the applicable type of gasoline (i.e., unleaded or leaded). The LAC must be expressed in terms of gallons of detergent per thousand gallons of gasoline or PRC, and expressed to four digits. If the specified LAC is only effective for use with leaded gasoline, the record must so indicate. If the detergent storage system which is the subject of the VAR formula record is a proprietary system under the control of a customer, this fact must be indicated on the record.
(2) The total volume of detergent blended into gasoline and PRC, in accordance with one of the following paragraphs, as applicable.
(i) For a facility which uses in-line meters to measure detergent usage, the total volume of detergent measured, together with supporting data which includes one of the following: the beginning and ending meter readings for each meter being measured, the metered batch volume measurements for each meter being measured, or other comparable metered measurements. The supporting data may be supplied on the VAR formula record or in the form of computer printouts or other comparable VAR supporting documentation.
(ii) For a facility which uses a gauge to measure the inventory of the detergent storage tank, the total volume of detergent shall be calculated from the following equation:
Detergent Volume=(A)−(B)+(C)−(D)
where:
A=Initial detergent inventory of the tank
B=Final detergent inventory of the tank
C=Sum of any additions to detergent inventory
D=Sum of any withdrawals from detergent inventory for purposes other than the additization of gasoline or PRC.
The value of each variable in this equation must be separately recorded on the VAR formula record. In addition, a list of each detergent addition included in variable C and a list of each detergent withdrawal included in variable D must be provided, either on the formula record or as VAR supporting documentation.
(3) The total volume of gasoline plus PRC to which detergent has been added, together with supporting data which includes one of the following: The beginning and ending meter measurements for each meter being measured, the metered batch volume measurements for each meter being measured, or other comparable metered measurements. The supporting data may be supplied on the VAR formula record or in the form of computer printouts or other comparable VAR supporting documentation. If gasoline has intentionally been overadditized in anticipation of the later addition of unadditized PRC, then the total volume of gasoline plus PRC recorded must include the expected amount of unadditized PRC to be added later. In addition, the amount of gasoline which was overadditized for this purpose must be specified.
(4) The actual detergent concentration, calculated as the total volume of detergent added (pursuant to paragraph (a)(2) of this section), divided by the total volume of gasoline plus PRC (pursuant to paragraph (a)(3) of this section). The concentration must be calculated and recorded to four digits.
(5) A list of each detergent concentration rate initially set for the detergent that is the subject of the VAR record, together with the date and description of each adjustment to any initially set concentration. The concentration adjustment information may be supplied on the VAR formula record or in the form of computer printouts or other comparable VAR supporting documentation. No concentration setting is permitted below the applicable LAC, except as may be modified pursuant to § 80.141(d) or as described in paragraph (a)(7) of this section.
(6) The dates of the VAR period, which shall be no longer than thirty-one days. If the VAR period is contemporaneous with a calendar month, then specifying the month will fulfill this requirement; if not, then the beginning and ending dates and times of the VAR period must be listed. The times may be supplied on the VAR formula record or in supporting documentation. Any adjustment to any detergent concentration rate more than 10 percent over the concentration rate initially set in the VAR period shall terminate that VAR period and initiate a new VAR period, except as provided in paragraph (a)(7) of this section.
(7) The concentration setting for a detergent injector may be set below the applicable LAC, or it may be adjusted more than 10 percent above the concentration initially set in the VAR period without terminating that VAR period, provided that:
(i) The purpose of the change is to correct a batch misadditization prior to the end of the VAR period and prior to the transfer of the batch to another party, or to correct an equipment malfunction; and
(ii) The concentration is immediately returned after the correction to a concentration that fulfills the requirements of paragraphs (a)(5) and (6) of this section; and
(iii) The blender creates and maintains documentation establishing the date and adjustments of the correction; and
(iv) If the correction is initiated only to rectify an equipment malfunction, and the amount of detergent used in this procedure is not added to gasoline in the compliance period, then this amount is subtracted from the detergent volume listed on the VAR formula record.
(8) If unadditized gasoline has been transferred from the facility, other than bulk transfers from refineries or pipelines to non-retail outlets or non-WPC facilities, the total amount of such gasoline must be specified.
(b) Non-automated facilities. In the case of a facility in which hand blending or any other non-automated method is used to blend detergent, for each detergent and for each batch of gasoline and each batch of PRC to which the detergent is being added, the following shall be recorded:
(1) The manufacturer and commercial identifying name of the detergent additive package being reconciled, and the LAC specified in the detergent registration for use with the applicable type of gasoline (i.e., unleaded or leaded). The LAC must be expressed in terms of gallons of detergent per thousand gallons of gasoline or PRC, and expressed to four digits. If the specified LAC is only effective for use with leaded gasoline, the record must so indicate.
(2) The date of the additization that is the subject of the VAR formula record.
(3) The volume of added detergent.
(4) The volume of the gasoline and/or PRC to which the detergent has been added. If gasoline has intentionally been overadditized in anticipation of the later addition of unadditized PRC, then the total volume of gasoline plus PRC recorded must include the expected amount of unadditized PRC to be added later. In addition, the amount of gasoline which was overadditized for this purpose must be specified.
(5) The brand (if known), grade, and leaded/unleaded status of gasoline, and/or the type of PRC.
(6) The actual detergent concentration, calculated as the volume of added detergent (pursuant to paragraph (b)(3) of this section), divided by the volume of gasoline and/or PRC (pursuant to paragraph (b)(4) of this section). The concentration must be calculated and recorded to four digits.
(c) Every VAR formula record created pursuant to paragraphs (a) and (b) of this section shall contain the following:
(1) The signature of the creator of the VAR record;
(2) The date of the creation of the VAR record; and
(3) A certification of correctness by the creator of the VAR record.
(d) Electronically-generated VAR formula and supporting records.
(1) Electronically-generated records are acceptable for VAR formula records and supporting documentation (including PTDs), provided that they are complete, accessible, and easily readable. VAR formula records must also be stored with access and audit security, which must restrict to a limited number of specified people those who have the ability to alter or delete the records. In addition, parties maintaining records electronically must make available for EPA use the hardware and software necessary to review the records.
(2) Electronically-generated VAR formula records may use an electronic user identification code to satisfy the signature requirements of paragraph (c)(1) of this section, provided that:
(i) The use of the ID is limited to the record creator; and
(ii) A paper record is maintained, which is signed and dated by the VAR formula record creator, acknowledging that the use of that particular user ID on a VAR formula record is equivalent to his/her signature on the document.
(e) Automated detergent blenders must calibrate their detergent equipment once in each calendar half year, with the acceptable calibrations being no less than one hundred twenty days apart. Equipment recalibration is also required each time the detergent package is changed, unless written documentation indicates that the new detergent package has the same viscosity as the previous detergent package. Detergent package change calibrations may be used to satisfy the semiannual requirement provided that the calibrations occur in the appropriate half calendar year and are no less than one hundred twenty days apart.
(f) The following VAR supporting documentation must also be created and maintained:
(1) For all automated detergent blending facilities, documentation reflecting performance of the calibrations required by paragraph (e) of this section, and any associated adjustments of the automated detergent equipment;
(2) For all hand-blending facilities which are terminals, a record specifying, for each calendar month, the total volume in gallons of transfers from the facility of unadditized base gasoline;
(3) For all detergent blending facilities, product transfer documents for all gasoline, detergent and detergent-additized PRC transferred into or out of the facility; in addition, bills of lading, transfer, or sale for all unadditized PRC transferred into the facility;
(4) For all automated detergent blending facilities, documentation establishing the brands (if known) and grades of the gasoline which is the subject of the VAR formula record;
(5) For all hand blending detergent blenders, the documentation, if in the party's possession, supporting the volumes of gasoline, PRC, and detergent reported on the VAR formula record; and
(6) For all detergent blending facilities, documentation establishing the curing of a batch or amount of misadditized gasoline or PRC, or the curing of a use restriction on the additized gasoline or PRC, and providing at least the following information: the date of the curing procedure; the problem that was corrected; the amount, name, and LAC of the original detergent used; the amount, name, and LAC of the added curing detergent; and the actual detergent concentration attained in, and the volume of, the total cured product.
(g) Document retention and availability. All detergent blenders shall retain the documents required under this section for a period of five years from the date the VAR formula records and supporting documentation were created, and shall deliver them upon request to the EPA Administrator or the Administrator's authorized representative.
(1) Except as provided in paragraph (g)(3) of this section, automated detergent blender facilities and hand-blender facilities which are terminals, which physically blend detergent into gasoline, must make immediately available to EPA, upon request, the preceding twelve months of VAR formula records plus the preceding two months of VAR supporting documentation.
(2) Except as provided in paragraph (g)(3) of this section, other hand-blending detergent facilities which physically blend detergent into gasoline must make immediately available to EPA, upon request, the preceding two months of VAR formula records and VAR supporting documentation.
(3) Facilities which have centrally maintained records at other locations, or have customers who maintain their own records at other locations for their proprietary detergent systems, and which can document this fact to the Agency, may have until the start of the next business day after the request to supply VAR supporting documentation, or longer if approved by the Agency.
(4) In this paragraph (g) of this section, the term immediately available means that the records must be provided, electronically or otherwise, within approximately one hour of EPA's request, or within a longer time frame as approved by EPA.
Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.80.157 Volumetric additive reconciliation (“VAR”), equipment calibration, and recordkeeping requirements - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-80-157/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)