If a terminal imports off-spec kerosene (higher than 15 ppm), terminal operators are planning to blend the kerosene with diesel fuel so that the ultimate diesel fuel leaving the terminal gate and entering into commerce meets the 15 ppm standard. Would EPA please confirm that this process is permissible for an importer?

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The regulations at § 80.525(d) state that kerosene that a kerosene blender adds, or intends to add, to motor vehicle diesel fuel subject to the 15 ppm sulfur standard must meet the 15 ppm sulfur standard.

Section 80.521(b) allows additives containing more than 15 ppm sulfur to be blended into motor vehicle diesel fuel at concentrations of one volume percent or less if the sulfur concentration of the resulting blend does not exceed the 15 ppm sulfur standard; however, kerosene is not an additive and therefore only the provisions of § 80.525 apply for kerosene blending (see also, 7.8 and 7.10, below).

Question and Answer was originally posted at Questions and Answers on the Clean Diesel Fuel Rules (pdf) (135 pp, 888 KB, EPA420-B-06-010, July 2006)