Diesel Fuel Additive-Labeling FAQsWhat is the new EPA labeling requirement for diesel fuel additives?

The new requirement is specified at 40 CFR 80.591 (d) and states:

(d) For those diesel fuel additives which are sold in containers for use by the ultimate consumer of diesel fuel, each transferor must have displayed on the additive container, in a legible and conspicuous manner, either of the following statements, as applicable:

1. "This diesel fuel additive complies with the federal low sulfur content requirements for use in diesel motor vehicles and nonroad engines.'';
   
   or
   
   
2. For those additives sold in containers for use by the ultimate consumer, with a sulfur content in excess of 15 ppm the following statement: "This diesel fuel additive does not comply with federal ultra-low sulfur content requirements for use in model year 2007 and newer diesel motor vehicles or model year 2011 and newer diesel nonroad equipment engines.''
What products are affected by the EPA rule and involved in this request for re-labeling?

All diesel-specific aftermarket additives regardless of supplier are affected by the EPA’s new ultra-low sulfur diesel (ULSD) regulations. Stocks shipped on or after June 1, 2006, will need to be appropriately labeled with one of the two statements provided above in 40 CFR 80.591 (d). 

Is there anything wrong with these products?

No, this is simply a labeling issue.  These products can be used as directed in 2006 and older vehicles without concern.  The concern is the potential for a consumer to be confused and use a diesel additive product containing more than 15 ppm sulfur in a 2007 or newer vehicle, which might harm emission-control technology in the engine.  If you are using an additive in your 2007 or newer diesel engine, please ensure it is in compliance with the new ultra-low sulfur diesel requirement (15 ppm or less).

Will use of these products damage consumer vehicles?

There are no issues associated with use of these products in 2006 model year or older vehicles.  ASPA’s members urge consumers to use only compliantly labeled product in 2007 or newer diesel engines.

Do I need to return my product? Is this a recall?

This is NOT a recall.  We are simply asking retailers to review their inventory to ensure all products offered for sale are in compliance with the new labeling requirement.  If you find a product that is not in compliance, please contact the respective company directly for instruction on how to bring the product into compliance.  

Are current items being shipped in compliance?

ASPA members have indicated that they were taking appropriate steps to ensure that all products shipped on or after June 1, 2006, are in compliance with the labeling requirement. 

How do I obtain stickers for re-labeling?

If you find diesel fuel additive product that is not in compliance with the labeling requirement, please contact the manufacturer directly for instruction on how to bring the product into compliance.

Where on the container do I place the sticker?

Each product is different, so please contact the manufacturer directly before affixing a label to the product.  However, in general most manufacturers are recommending that the sticker labels be affixed to the side of the container.  PLEASE NOTE: Take care not to cover any warnings or text currently on product labels. 

What about products that have already been sold to consumers or the public?

This does not affect products that have already been sold to the consumer.  There should not be any adverse effect from use in their vehicle.  It is not likely that consumers will store large volumes of products prior to their purchase a new 2007 vehicle.

What are the potential penalties and/or liabilities if I continue to sell product that is not properly labeled?

The current maximum fine that the EPA can impose is $32,000 per container per day.  The EPA can use discretion when assessing fines; if your company can prove it acted in good faith to mitigate the issue, your risk of fine and/or penalty is reduced.

Will there be engine damage if a customer uses non-compliant product in a 2007 or newer vehicle? 

If used as directed, ASPA members estimate that there will be no significant impact to an engine from use of over 15 ppm sulfur products in 2007 engines.  ASPA member companies have indicated that, when used as directed, the additional sulfur resulting from using an additive is less than 1 ppm.  However, there is concern from engine manufacturers that this amount could impact 2007 model year engine emission-control technology.

Who will be liable for any damage?

In the unlikely event that damage results from use of a product as directed, most if not all engine manufacturers have included language in the owners’ manuals which place liability on the consumer and indicate not to use non-compliant additives in their engines. 

Where can I get a full copy of the new regulations?

The Government Printing Office (GPO) has a website which can be searched for the entire regulation.  The website is http://www.gpoaccess.gov/index.html and the entire regulation can be found by searching for “40CFR80.591”.  Look for subsection (d). 

What is the intent of the rule?

The intent of the broader rule is to ensure the sulfur content of the FUEL used in model year 2007 and newer diesel engines is at or below 15 ppm.  Specific to the labeling provision, the intent is to educate consumers about the types of diesel additives they are offered, so they can make an educated decision on what is safe for use in their vehicle.

What is sulfur and what is its purpose or function in a vehicle?

Sulfur naturally occurs in all crude oils and is present in refined products. During combustion, sulfur compounds oxidize to form contaminants in the exhaust gas stream. These contaminants become part of the diesel engine's particulate emissions; therefore, reducing fuel sulfur levels can result in lower particulate emissions.

What actions is the industry taking to ensure compliance now and in the future?

ASPA has commitments from its members that all products sold after June 1, 2006, will be properly labeled.  ASPA is also actively working with members in a pro-active campaign to ensure all products in retail inventory and on store shelves is properly labeled, by sticker or otherwise, with the correct statement per 40 CFR 80.591(d). 

Is there a sell-through period?

Unlike other consumer product regulations there is no sell-through provision in this regulation for consumer products currently in the stream of commerce.

How and where should these products be returned?

This is NOT a recall.  Industry members are asking their customers to review their inventory to ensure all products offered for sale are in compliance with the new labeling requirements.  If you find product that is not in compliance, please contact the manufacturer directly for instruction on how to bring the product into compliance. 

What if the retailer or distributor cannot retrieve the products for re-label?

You should make every attempt to inform your customers of this requirement and request that they act accordingly.

What if the customer would like to return product?

Please contact the manufacturer directly for their policy regarding customer returns.  PLEASE NOTE: Regardless of the label a product can be used in a model year 2006 or older vehicle.

Whom do I call for further details on the EPA ruling?

For general EPA and/or industry related questions, please contact Andy Hackman with ASPA at (202) 833-7328.