(a) Standards. All motor vehicle diesel fuel is subject to the following per-gallon standards:
(1) Sulfur content. 15 parts per million (ppm) maximum, except as provided in paragraph (c) of this section;
(2) Cetane index and aromatic content. (i) A minimum cetane index of 40; or
(i) A minimum cetane index of 40; or
(ii) A maximum aromatic content of 35 volume percent.
(b) Dye requirements. (1) All motor vehicle diesel fuel shall be free of visible evidence of dye solvent red 164 (which has a characteristic red color in diesel fuel), except for motor vehicle diesel fuel that is used in a manner that is tax exempt under section 4082 of the Internal Revenue Code. All motor vehicle diesel fuel shall be free of yellow solvent 124.
(1) All motor vehicle diesel fuel shall be free of visible evidence of dye solvent red 164 (which has a characteristic red color in diesel fuel), except for motor vehicle diesel fuel that is used in a manner that is tax exempt under section 4082 of the Internal Revenue Code. All motor vehicle diesel fuel shall be free of yellow solvent 124.
(2) Until June 1, 2010, any 1D or 2D distillate, or NP diesel fuel that does not show visible evidence of dye solvent red 164 shall be considered to be motor vehicle diesel fuel and subject to all the requirements of this subpart for motor vehicle diesel fuel, except for distillate fuel designated or classified as any of the following:
(i) For use only in the State of Alaska, as provided under 40 CFR 69.51.
(ii) For use under a national security exemption under Sec. 80.606 or for use only in a research and development testing program exempted under Sec. 80.607.
(iii) For use in the U.S. Territories as provided under Sec. 80.608.
(iv) Jet fuel meeting the definition under Sec. 80.2.
(v) Kerosene meeting the definition under Sec. 80.2.
(vi) Diesel fuel that is produced beginning June 1, 2006, with a sulfur level less than or equal to 500 ppm, and designated as NRLM or LM that has not yet been distributed from a truck loading terminal or bulk terminal to a retail outlet, wholesale purchaser-consumer or ultimate consumer.
(c) Pursuant and subject to the provisions of Sec. Sec. 80.530-80.532, 80.552(a), 80.560-80.561, and 80.620, only motor vehicle diesel fuel produced or imported in full compliance with the requirements of those provisions is subject to the following per-gallon standard for sulfur content: 500 ppm maximum. [66 FR 5136, Jan. 18, 2001, as amended at 69 FR 39171, June 29, 2004; 71 FR 25717, May 1, 2006]