Are motor fuels (e.g., gasoline and diesel fuel) exempt from threshold determination?
EPA provided a specific exemption from threshold determination for regulated flammable substances in gasoline used as fuel for internal combustion engines. This exemption applies solely to gasoline. However, there is a general exemption from threshold determination for regulated flammable substances in any mixture that does not have an NFPA flammability hazard rating of 4. This could include other types of motor fuel. Gasoline was specifically exempted because it generally does not meet the criteria for an NFPA rating of 4. Other motor fuels may or may not meet the criteria for an NFPA rating of 4. Additionally, flammable substances and mixtures used as fuel or held for sale as fuel at a retail facility are excluded from part 68 requirements. Each situation must be analyzed separately to determine whether an exemption or exclusion applies.