cfr_sections
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168 rows where part_number = 1090 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:37.0.1.1.7.1.46.1 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | A | Subpart A—General Provisions | § 1090.1 Applicability and relationship to other parts. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4340, Jan. 15, 2025] | (a) This part specifies fuel quality standards for gasoline and diesel fuel introduced into commerce in the United States. Additional requirements apply for fuel used in certain marine applications, as specified in paragraph (b) of this section. (1) The regulations include standards for fuel parameters that directly or indirectly affect vehicle, engine, and equipment emissions, air quality, and public health. The regulations also include standards and requirements for fuel additives and regulated blendstocks that are components of any fuel regulated under this part. (2) This part also specifies requirements for any person who engages in activities associated with the production, distribution, storage, and sale of any fuel, fuel additive, or regulated blendstock, such as collecting and testing samples for regulated parameters, reporting information to EPA to demonstrate compliance with fuel quality requirements, and performing other compliance measures to implement the standards. A party that produces and distributes other related products, such as heating oil, may need to meet certain reporting, recordkeeping, labeling, or other requirements of this part. (b)(1) The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 Annex VI (“MARPOL Annex VI”) is an international treaty that sets maximum sulfur content for fuel used in marine vessels, including separate standards for marine vessels navigating in a designated Emission Control Area (ECA). These standards and related requirements are specified in 40 CFR part 1043. This part also sets corresponding sulfur standards that apply to any person who produces or handles ECA marine fuel. (2) This part also includes requirements for parties involved in the production and distribution of IMO marine fuel, such as collecting and testing samples of fuels for regulated parameters, reporting information to EPA to demonstrate compliance with fuel quality requirements, and performing other compliance measures to implemen… | |||
| 40:40:37.0.1.1.7.1.46.10 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | A | Subpart A—General Provisions | § 1090.90 Acronyms and abbreviations. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4342, Jan. 15, 2025] | ||||
| 40:40:37.0.1.1.7.1.46.11 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | A | Subpart A—General Provisions | § 1090.95 Incorporation by reference. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4343, Jan. 15, 2025] | (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at the U.S. EPA and at the National Archives and Records Administration (NARA). Contact the U.S. EPA at: U.S. EPA, Air and Radiation Docket and Information Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20460; (202) 566-1742. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material may be obtained from the sources in the following paragraphs of this section. (b) American Institute of Certified Public Accountants, 220 Leigh Farm Rd., Durham, NC 27707-8110; (919) 402-4500; www.aicpa-cima.org. (1) AICPA Code of Professional Conduct, updated through December 2023; IBR approved for § 1090.1800(b). (2) Statements on Quality Control Standards (SQCS) No. 8, QC Section 10: A Firm's System of Quality Control, current as of July 1, 2019; IBR approved for § 1090.1800(b). (3) Statement on Quality Management Standards (SQMS) No. 1, A Firm's System of Quality Management, Issued June 2022; IBR approved for § 1090.1800(b). (4) Statement on Quality Management Standards (SQMS) No. 2, Engagement Quality Reviews, Issued June 2022; IBR approved for § 1090.1800(b). (5) Statement on Quality Management Standards (SQMS) No. 3, Amendments to QM Sections 10, A Firm's System of Quality Management, and 20, Engagement Quality Reviews, Issued March 2023; IBR approved for § 1090.1800(b). (6) Statement on Standards for Attestation Engagements (SSAE) No. 19, Agreed-Upon Procedures Engagement, Issued December 2019; IBR approved for § 1090.1800(b). (c) ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA 19428-2959, (877) 909-2786, or www.astm.org. (1) ASTM D86-23ae1, Standard Test Method for Distillation of Petroleum P… | |||
| 40:40:37.0.1.1.7.1.46.2 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | A | Subpart A—General Provisions | § 1090.5 Implementation dates. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4340, Jan. 15, 2025] | (a) The provisions of this part apply beginning January 1, 2021, unless otherwise specified. (b) The following provisions of 40 CFR part 80 are applicable after December 31, 2020: (1) Gasoline sulfur and benzene credit balances and deficits from the 2020 compliance period carry forward for demonstrating compliance with requirements of this part. Any restrictions that apply to credits and deficits under 40 CFR part 80, such as a maximum credit life of 5 years, continue to apply under this part. (2) Unless otherwise specified ( e.g., in-line blending waivers for gasoline as specified in paragraph (b)(8) of this section), any approval granted under 40 CFR part 80 continues to be in effect under this part. For example, if EPA approved the use of an alternative label under 40 CFR part 80, that approval continues to be valid under this part, subject to any conditions specified for the approval. (3) Unless otherwise specified, a regulated party must use the provisions of 40 CFR part 80 in 2021 to demonstrate compliance with regulatory requirements for the 2020 calendar year. This applies to calculating credits for the 2020 compliance period, and to any sampling, testing, reporting, or auditing related to any fuel, fuel additive, or regulated blendstock produced or imported in 2020. (4) Any testing to establish the precision and accuracy of alternative test procedures under 40 CFR part 80 continues to be valid under this part. (5) Requirements to keep records and retain fuel samples related to actions taken before January 1, 2021, continue to be in effect, as specified in 40 CFR part 80. (6) A party may comply with the PTD requirements of 40 CFR part 80 instead of the requirements of subpart L of this part until May 1, 2021. (7) A party may comply with the automatic sampling provisions of 40 CFR 80.8 instead of the requirements in § 1090.1335(c) until January 1, 2022. (8) A gasoline manufacturer may operate under an in-line blending waiver issued under 40 CFR part 80 until January 1, 2022, or until EPA approves… | |||
| 40:40:37.0.1.1.7.1.46.3 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | A | Subpart A—General Provisions | § 1090.10 Contacting EPA. | EPA | A party must submit all reports, registrations, and documents for approval required under this part electronically to EPA using forms and procedures specified by EPA via the following website: https://www.epa.gov/fuels-registration-reporting-and-compliance-help. | ||||
| 40:40:37.0.1.1.7.1.46.4 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | A | Subpart A—General Provisions | § 1090.15 Confidential business information. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 87 FR 39677, July 1, 2022; 90 FR 4341, Jan. 15, 2025] | (a) Except as specified in paragraphs (b) through (d) of this section, any information submitted under this part claimed as confidential remains subject to evaluation by EPA under 40 CFR part 2, subpart B. (b) The following information contained in submissions under this part is not entitled to confidential treatment under 40 CFR part 2, subpart B or 5 U.S.C. 552(b)(4): (1) Submitter's name. (2) The name and location of the facility, if applicable. (3) The general nature of a request. (4) The relevant time period for a request, if applicable. (c) The following information incorporated into EPA determinations on submissions under this part is not entitled to confidential treatment under 40 CFR part 2, subpart B or 5 U.S.C. 552(b)(4): (1) Submitter's name. (2) The name and location of the facility, if applicable. (3) The general nature of a request. (4) The relevant time period for a request, if applicable. (5) The extent to which EPA either granted or denied the request and any relevant terms and conditions. (d)(1) The following information contained in any enforcement action taken under this part is not entitled to confidential treatment under 40 CFR part 2, subpart B: (i) The company's name. (ii) The facility's name. (iii) Any EPA-issued company and facility identification numbers. (iv) The time or time period when any violation occurred. (v) The quantity of fuel, fuel additive, or regulated blendstock affected by the violation. (vi) Information relating to the exceedance of the fuel standard associated with the violation. (vii) Information relating to the generation, transfer, or use of credits associated with the violation. (viii) Any other information relevant to describing the violation. (2) Enforcement actions within the scope of paragraph (d)(1) of this section include notices of violation, settlement agreements, administrative complaints, civil complaints, criminal information, and criminal indictments. (e) EPA may disclose the information specified in paragraphs (b) through (d) of t… | |||
| 40:40:37.0.1.1.7.1.46.5 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | A | Subpart A—General Provisions | § 1090.20 Approval of submissions under this part. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4341, Jan. 15, 2025] | (a) EPA may approve any submission required or allowed under this part if the request for approval satisfies all specified requirements. (b) EPA may impose terms and conditions on any approval of any submission required or allowed under this part. (c) EPA will deny any request for approval if the submission is incomplete, contains inaccurate or misleading information, or does not meet all specified requirements. (d) EPA may revoke any prior approval under this part for cause. For cause includes, but is not limited to, any of the following: (1) The approval has proved inadequate in practice. (2) The party fails to notify EPA if information that the approval was based on substantively changed after the approval was granted. (e) EPA may also revoke and void any approval under this part effective from the approval date for cause. Cause for voiding an approval includes, but is not limited to, any of the following: (1) The approval was not fully or diligently implemented. (2) The approval was based on false, misleading, or inaccurate information. (3) Failure of a party to fulfill or cause to be fulfilled any term or condition of an approval under this part. (f) Any person who has an approval revoked or voided under this part is liable for any resulting violation of the requirements of this part. (g) Submitting false, misleading, or incomplete information is a violation of law. | |||
| 40:40:37.0.1.1.7.1.46.6 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | A | Subpart A—General Provisions | § 1090.50 Rounding. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4341, Jan. 15, 2025] | (a) Unless otherwise specified, round values to the number of significant digits necessary to match the number of decimal places of the applicable standard or specification. Perform all rounding as specified in 40 CFR 1065.20(e)(1) through (6). (b) Do not round intermediate values to transfer data unless the rounded number has at least 6 significant digits. (c) When calculating a specified percentage of a given value, the specified percentage is understood to have infinite precision. For example, if an allowable limit is specified as a fuel volume representing 1 percent of total volume produced, calculate the allowable volume by multiplying total volume by exactly 0.01. (d) Measurement devices that incorporate internal rounding may be used, consistent with the following provisions: (1) Devices may use any rounding convention if they report 6 or more significant digits. (2) Devices that report fewer than 6 significant digits may be used, consistent with the accuracy and repeatability specifications of the procedures specified in subpart N of this part. (e) Use one of the following rounding conventions for all batch volumes in a given compliance period, and for all reporting under this part: (1) Identify batch volume in gallons to the nearest whole gallon. (2)(i) Round batch volumes between 1,000 and 11,000 gallons to the nearest 10 gallons. (ii) Round batch volumes above 11,000 gallons to the nearest 100 gallons. | |||
| 40:40:37.0.1.1.7.1.46.7 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | A | Subpart A—General Provisions | § 1090.55 Requirements for independent parties. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 88 FR 44593, July 12, 2023; 90 FR 4341, Jan. 15, 2025] | This section specifies how a third party demonstrates their independence from the regulated party that hires them and their technical ability to perform the specified services. (a) Independence. The independent third party, their contractors, subcontractors, and their organizations must be independent of the regulated party. All the criteria listed in paragraphs (a)(1) and (2) of this section must be met by each person involved in the specified activities in this part that the independent third party is hired to perform for a regulated party, except that an internal auditor may instead meet the requirements in § 1090.1800(b)(1)(i). (1) Employment criteria. No person employed by an independent third party, including contractor and subcontractor personnel, who is involved in a specified activity performed by the independent third party under the provisions of this part, may be employed, currently or previously, by the regulated party for any duration within the 12 months preceding the date when the regulated party hired the independent third party to provide services under this part. (2) Financial criteria. (i) The third-party's personnel, the third-party's organization, or any organization or individual that may be contracted or subcontracted by the third party must meet all the following requirements: (A) Have received no more than one-quarter of their revenue from the regulated party during the year prior to the date of hire of the third party by the regulated party for any purpose. (B) Have no interest in the regulated party's business. Income received from the third party to perform specified activities under this part is excepted. (C) Not receive compensation for any specified activity in this part that is dependent on the outcome of the specified activity. (ii) The regulated party must be free from any interest in the third-party's business. (b) Technical ability. The third party must meet all the following requirements in order to demonstrate their technical capability to perform specified a… | |||
| 40:40:37.0.1.1.7.1.46.8 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | A | Subpart A—General Provisions | § 1090.80 Definitions. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 88 FR 44593, July 12, 2023; 90 FR 4341, Jan. 15, 2025] | 500 ppm LM diesel fuel means diesel fuel subject to the alternative sulfur standards in § 1090.320 that is produced by a transmix processor under § 1090.515. Additization means the addition of detergent to gasoline to create detergent-additized gasoline. Aggregated import facility means all import facilities within a PADD owned or operated by an importer and treated as a single fuel manufacturing facility in order to comply with the maximum benzene average standards under § 1090.210(b). Anhydrous ethanol means ethanol that contains no more than 1.0 volume percent water. Auditor means any person who conducts audits under subpart S of this part. Automated detergent blending facility means any facility (including, but not limited to, a truck or individual storage tank) at which detergent is blended with gasoline by means of an injector system calibrated to automatically deliver a specified amount of detergent. Average standard means a fuel standard applicable over a compliance period. Batch means a quantity of fuel, fuel additive, or regulated blendstock with properties that can be characterized by a single set of values using the measurement procedures in subpart N of this part. Biodiesel means a diesel fuel composed of mono-alkyl esters made from nonpetroleum feedstocks. Blender pump means any fuel dispenser where PCG is blended with E85 (made only with PCG and DFE) or DFE to produce gasoline that has an ethanol content greater than that of the PCG. A fuel dispenser that produces gasoline with anything other than PCG and DFE ( e.g., natural gas liquids) is a fuel blending facility. Blending manufacturer means any person who owns, leases, operates, controls, or supervises a fuel blending facility in the United States. Blendstock means any liquid compound or mixture of compounds (not including fuel or fuel additive) that is used or intended for use as a component of a fuel. Business day means Monday through Friday, except the legal public holidays specified in 5 U.S.C. 6103 or any other day… | |||
| 40:40:37.0.1.1.7.1.46.9 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | A | Subpart A—General Provisions | § 1090.85 Explanatory terms. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4342, Jan. 15, 2025] | This section explains how certain phrases and terms are used in this part, especially those used to clarify and explain regulatory provisions. They do not, however, constitute specific regulatory requirements and as such do not impose any compliance obligation on regulated parties. (a) Types of provisions. The term “provision” includes all aspects of the regulations in this part. As specified in this section, regulatory provisions include standards, requirements, and prohibitions, along with a variety of other types of provisions. (1) A standard is a limit on the formulation, components, or characteristics of any fuel, fuel additive, or regulated blendstock, established by regulation under this part. Compliance with or conformance to a standard is a specific type of requirement. Thus, a statement about the requirements of a part or section also applies with respect to the standards in the part or section. Examples of standards include the sulfur per-gallon standards for gasoline and diesel fuel. (2) While requirements state what someone must do, prohibitions state what someone must not do. Failing to meet any requirement that applies to a person under this part is a prohibited act. (3) The regulations in this part include provisions that are not standards, requirements, or prohibitions, such as definitions. (b) Subject to. A fuel is considered “subject to” a specific provision if that provision applies, even if it falls within an exemption authorized under a different part of this regulation. For example, gasoline is subject to the provisions of this part even if it is exempt from the standards under subpart G of this part. (c) Singular and plural. Unless stated otherwise or unless it is clear from the regulatory context, provisions written in singular form include the plural form and provisions written in plural form include the singular form. (d) Inclusive lists. Lists in the regulations in this part prefaced by “including” or “this includes” are not exhaustive. The terms “including” and “this in… | |||
| 40:40:37.0.1.1.7.10.46.1 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | J | Subpart J—Reporting | § 1090.900 General provisions. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4353, Jan. 15, 2025] | (a) Forms and procedures for reporting. (1) All reporting, including all transacting of credits under this part, must be submitted electronically using forms and procedures specified by EPA. (2) Values must be reported in the units ( e.g., gallons, ppm, etc.) and to the number of decimal places specified in this part or in reporting formats and procedures, whichever is more precise. (3) Reported volumes must be temperature-corrected in accordance with § 1090.1350(d). (4) Report values as specified in § 1090.1335(e). (b) English language. All reports submitted under this subpart must be submitted in English. (c) Report deadlines. All annual, batch, and credit transaction reports required under this subpart, except attestation engagement reports, must be submitted by March 31 for the preceding compliance period ( e.g., reports covering the calendar year 2021 must be submitted to EPA by no later than March 31, 2022). Attestation engagement reports must be submitted by June 1 for the preceding compliance period ( e.g., attestation engagement reports covering calendar year 2021 must be submitted to EPA by no later than June 1, 2022). Independent survey quarterly reports must be submitted by the deadlines in table 1 to paragraph (a)(4) in § 1090.925. (d) RCO submission. Reports must be signed and submitted by the RCO or their delegate. | |||
| 40:40:37.0.1.1.7.10.46.2 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | J | Subpart J—Reporting | § 1090.905 Reports by gasoline manufacturers. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4354, Jan. 15, 2025] | (a) Annual compliance demonstration for sulfur. For each compliance period, a gasoline manufacturer must submit a report for each of their facilities that includes all the following information: (1) Company-level reporting. For the company, as applicable: (i) The EPA-issued company and facility identifiers. (ii) Provide information for sulfur credits, and separately by compliance period of creation, as follows: (A) The number of sulfur credits owned at the beginning of the compliance period. (B) The number of sulfur credits that expired at the end of the compliance period. (C) The number of sulfur credits that will be carried over into the next compliance period. (D) Any other information as EPA may require in order to administer reporting systems. (2) Facility-level reporting. For each refinery or importer, as applicable: (i) The EPA-issued company and facility identifiers. (ii) The compliance sulfur value, per § 1090.700(a)(1), in ppm-gallons. (iii) The total volume of gasoline produced or imported, in gallons. (iv) Provide information for sulfur credits, and separately by compliance period of creation, as follows: (A) The number of sulfur credits generated during the compliance period. (B) The number of sulfur credits retired during the compliance period. (C) The sulfur credit deficit that was carried over from the previous compliance period. (D) The sulfur credit deficit that will be carried over into the next compliance period. (E) The total sulfur deficit from downstream BOB recertification, per § 1090.740(b)(1). (v) The unadjusted average sulfur concentration, per § 1090.745(b), in ppm. (vi) The net average sulfur concentration, per § 1090.745(c), in ppm. (vii) Any other information as EPA may require in order to administer reporting systems. (b) Annual compliance demonstration for benzene. For each compliance period, a gasoline manufacturer must submit a report for each of their facilities that includes all the following information: (1) Company-level reporting. For the com… | |||
| 40:40:37.0.1.1.7.10.46.3 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | J | Subpart J—Reporting | § 1090.910 Reports by gasoline manufacturers that recertify BOB to gasoline. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4354, Jan. 15, 2025] | A gasoline manufacturer that recertifies BOB under § 1090.740 must report the information of this section, as applicable (a) Batch reporting. (1) A party that recertifies a BOB under § 1090.740 with less oxygenate than specified by the BOB manufacturer must report the following for each batch: (i) The EPA-issued company and facility identifiers for the recertifying party. (ii) The batch number assigned by the recertifying party. (iii) The date the batch was recertified. (iv) The batch volume, as a negative number in gallons. The volume is the amount of oxygenate that the recertifying gasoline manufacturer did not blend with the BOB. (v) The designation of the batch. (vi) A sulfur content of 11 ppm. (vii) A benzene content of 0.68 volume percent. (viii) The type and content of each oxygenate, as a volume percentage. (ix) The sulfur deficit for the batch calculated under § 1090.740(b)(2). (x) The benzene deficit for the batch calculated under § 1090.740(b)(4). (2) A party that recertifies a BOB under § 1090.740 with more oxygenate than specified by the BOB manufacturer does not need to report the batch. (b) Annual sulfur and benzene compliance reporting. A party that recertifies a BOB under § 1090.740 must include any deficits incurred from recertification in reports under § 1090.905(a) and (b). (c) Credit transactions. A party that recertifies a BOB under § 1090.740 must report any credit transactions under § 1090.905(d). | |||
| 40:40:37.0.1.1.7.10.46.4 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | J | Subpart J—Reporting | § 1090.915 Reports by oxygenate producers and importers. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4354, Jan. 15, 2025] | An oxygenate producer, for each of their production facilities, or an importer for the oxygenate they import, must submit a report for each compliance period that includes all the following information: (a) The EPA-issued company and facility identifiers. (b) The total volume of oxygenate produced or imported. (c) For each batch of oxygenate produced or imported during the compliance period, all the following: (1) The batch number. (2) The date the batch was produced or imported. (3) One of the following product types: (i) Denatured ethanol using certified ethanol denaturant complying with § 1090.275. (ii) Denatured ethanol from non-certified ethanol denaturant. (iii) A specified oxygenate other than ethanol ( e.g., isobutanol). (4) The volume of the batch, in gallons. (5) The sulfur content of the batch, in ppm, and the method used to determine the sulfur content. (d) Any other information as EPA may require in order to administer reporting systems. | |||
| 40:40:37.0.1.1.7.10.46.5 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | J | Subpart J—Reporting | § 1090.920 Reports by certified pentane producers. | EPA | A certified pentane producer must submit a report for each facility at which certified pentane was produced or imported that contains all the following information: (a) The EPA-issued company and facility identifiers. (b) For each batch of certified pentane produced or imported during the compliance period, all the following: (1) The batch number. (2) The date the batch was produced or imported. (3) The batch volume, in gallons. (4) The tested pentane content of the batch, as a volume percentage, and the test method used to measure the pentane content. (5) The tested sulfur content of the batch, in ppm, and the test method used to measure the sulfur content. (6) The tested benzene of the batch, as a volume percentage, and the test method used to measure the benzene content. (7) The tested RVP of the batch, in psi, and the test method used to measure the RVP. (c) Any other information as EPA may require in order to administer reporting systems. | ||||
| 40:40:37.0.1.1.7.10.46.6 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | J | Subpart J—Reporting | § 1090.925 Reports by independent surveyors. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4354, Jan. 15, 2025] | (a) General procedures. An independent surveyor must meet the following requirements: (1) Electronically submit any plans, notifications, or reports required under this part using forms and procedures specified by EPA. (2) For each report required under this section, affirm that the survey was conducted in accordance with an EPA-approved survey plan and that the survey results are accurate. (3) Include EPA-issued company identifiers on each report required under this section. (4) Submit quarterly reports required under paragraphs (b) and (d) of this section by the following deadlines: Table 1 to Paragraph ( a )(4)—Quarterly Reporting Deadlines (b) NFSP quarterly reporting. An independent surveyor conducting the NFSP under § 1090.1405 must submit the following information quarterly, as applicable: (1) For each retail outlet sampled by the independent surveyor: (i) The identification information for the retail outlet, as assigned by the surveyor in a consistent manner and as specified in the survey plan. (ii) The displayed fuel manufacturer brand name at the retail outlet, if any. (iii) The physical location ( i.e., address) of the retail outlet. (2) For each gasoline sample collected by the independent surveyor: (i) A description of the labeling of the fuel dispenser(s) ( e.g., “E0”, “E10”, “E15”, etc.) from which the independent surveyor collected the sample. (ii) The date and time the independent surveyor collected the sample. (iii) The test results for the sample, and the test methods used, as determined by the independent surveyor, including the following parameters: (A) The oxygen content, in weight percent. (B) The type and amount of each oxygenate, by weight and volume percent. (C) The sulfur content, in ppm. (D) The benzene content, in volume percent. (E) The specific gravity. (F) The RVP in psi, if tested. (G) The aromatic content in volume percent, if tested. (H) The olefin content in volume percent, if tested. (I) The distillation parameters, if tested. (3) For each diesel … | |||
| 40:40:37.0.1.1.7.10.46.7 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | J | Subpart J—Reporting | § 1090.930 Reports by auditors. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4354, Jan. 15, 2025] | (a) Attestation engagement reports required under subpart S of this part must be submitted by an independent auditor registered with EPA and associated with a company, or companies, through registration under subpart I of this part. Each attestation engagement report must clearly identify the company and compliance level ( e.g., facility), time period, and scope covered by the report. Attestation engagement reports covered by this section include those required under this part and those required under 40 CFR part 80, subpart M, beginning with the report due June 1, 2022. (b) An attestation engagement report must be submitted to EPA covering each compliance period by June 1 of the following calendar year. The auditor must make the attestation engagement report available to the company for which it was performed. (c) The attestation engagement must comply with subpart S of this part and the attestation engagement report must clearly identify the methodologies followed and any findings, exceptions, and variances. (d) A single attestation engagement report submission by the auditor may include procedures performed under this part and under 40 CFR part 80, subpart M. If a single submission method is used, the auditor must clearly and separately describe the procedures and findings for each program. (e) The auditor must submit written acknowledgement from the RCO that the gasoline manufacturer has reviewed the attestation engagement report. | |||
| 40:40:37.0.1.1.7.10.46.8 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | J | Subpart J—Reporting | § 1090.935 Reports by diesel fuel manufacturers. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4355, Jan. 15, 2025] | (a) Batch reporting. (1) For each compliance period, a diesel fuel manufacturer that produces ULSD must submit the following information: (i) The EPA-issued company and facility identifiers for the diesel fuel manufacturer. (ii) The highest sulfur content observed for a batch of ULSD produced during the compliance period on a company level, in ppm. (iii) The average sulfur concentration of all batches produced during the compliance period on a company level, in ppm. (iv) A list of all batches of ULSD that exceeded the sulfur standard in § 1090.305(b) by facility. For each such batch, report the following: (A) The batch number. (B) The date the batch was produced. (C) The volume of the batch, in gallons. (D) The sulfur content of the batch, in ppm. (E) The corrective action taken, if any. (b) [Reserved] | |||
| 40:40:37.0.1.1.7.11.46.1 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | K | Subpart K—Batch Certification and Designation | § 1090.1000 Batch certification requirements. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4355, Jan. 15, 2025] | (a) General provisions. (1) A fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer must certify batches of fuel, fuel additive, or regulated blendstock as specified in this section. (2) A fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer does not need to certify fuel, fuel additive, or regulated blendstock that is exempt under subpart G of this part. (3)(i) For purposes of this part, the volume of a batch is one of the following: (A) The sum of all shipments or transfers of fuel, fuel additive, or regulated blendstock out of the tank or vessel in which the fuel, fuel additive, or regulated blendstock was certified. (B) The entire volume of a tank or vessel may be certified as a single batch. In such cases, any heel left in the tank or vessel after shipments of the batch becomes PCG. (ii) If a volume of fuel, fuel additive, or regulated blendstock is placed in a tank, certified (if not previously certified), and is not altered in any manner, then it is considered to be the same batch even if several shipments or transfers are made out of that tank. (iii) Batch volumes must be temperature-corrected in accordance with § 1090.1350(d). (4) For fuel produced at a facility that has an in-line blending waiver under § 1090.1315, the volume of the batch is the volume of product that is homogeneous under the requirements in § 1090.1337 and is produced during a period not to exceed 10 days. (5) A fuel manufacturer must certify each batch of fuel at the facility where the fuel is produced or at a facility that is under the complete control of the fuel manufacturer before they transfer custody or title of the fuel to any other person. (6) No person may sell, offer for sale, distribute, offer to distribute, supply, offer for supply, dispense, store, transport, or introduce into commerce gasoline, diesel fuel, or ECA marine fuel that is not certified under this section. (b) Gasoline. (1) A gasoline manufacturer must certify gasoline as specified in paragraph … | |||
| 40:40:37.0.1.1.7.11.46.2 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | K | Subpart K—Batch Certification and Designation | § 1090.1005 Designation of batches of fuel, fuel additive, and regulated blendstock. | EPA | (a) A fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer must designate batches of fuel, fuel additive, or regulated blendstock as specified in this subpart. (b) A fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer must designate the fuel, fuel additive, or regulated blendstock prior to the fuel, fuel additive, or regulated blendstock leaving the facility where it was produced and must include the designations on PTDs as specified in this subpart. (c) By designating a batch of fuel, fuel additive, or regulated blendstock under this subpart, the designating party is acknowledging that the batch is subject to all applicable standards under this part. (d) A person must comply with all provisions of this part even if they fail to designate or improperly designate a batch of fuel, fuel additive, or regulated blendstock. (e) No person may use the designation provisions of this subpart to circumvent any standard or requirement in this part. | ||||
| 40:40:37.0.1.1.7.11.46.3 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | K | Subpart K—Batch Certification and Designation | § 1090.1010 Designation requirements for gasoline and regulated blendstocks. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 89 FR 14775, Feb. 29, 2024; 90 FR 4355, Jan. 15, 2025] | (a) Designation requirements for gasoline manufacturers. A gasoline manufacturer must accurately and clearly designate each batch of gasoline as follows: (1) A gasoline manufacturer must designate each batch of gasoline as one of the following fuel types: (i) Winter RFG. (ii) Summer RFG. (iii) Winter RBOB. (iv) Summer RBOB. (v) Winter CG. (vi) Summer CG. (vii) Winter CBOB. (viii) Summer CBOB. (ix) Exempt gasoline under subpart G of this part (including additional identifying information). (x) California gasoline. (2) A gasoline manufacturer must further designate gasoline designated as Summer CG or Summer CBOB as follows: (i) 7.8 psi Summer CG or Summer CBOB, respectively. (ii) 9.0 psi Summer CG or Summer CBOB, respectively. (iii) If the CBOB is excluded from the special regulatory treatment for ethanol under § 1090.215(b)(3)(ii), Low-RVP Summer CBOB. (iv) SIP-controlled Summer CG or Summer CBOB, respectively. (3) A CBOB or RBOB manufacturer must further designate the CBOB or RBOB with the type(s) and amount(s) of oxygenate specified to be blended with the CBOB or RBOB as specified in § 1090.710(a)(5). (4) In addition to any other applicable designation in this paragraph (a), gasoline designed for downstream oxygenate blending for which the gasoline manufacturer has not accounted for oxygenate added downstream under § 1090.710 must be designated as “Intended for Oxygenate Blending”, along with a designation indicating the type(s) and amount(s) of oxygenate to be blended with the gasoline. (b) Designation requirements for gasoline distributors and certain gasoline blending manufacturers. A gasoline distributor, certified butane blender, certified pentane blender, or party that recertifies BOB under § 1090.740 must accurately and clearly designate each batch or portion of a batch of gasoline for which they transfer custody to another facility as follows: (1) A distributor must accurately and clearly classify each batch or portion of a batch of gasoline as specified by the gasoline manufactur… | |||
| 40:40:37.0.1.1.7.11.46.4 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | K | Subpart K—Batch Certification and Designation | § 1090.1015 Designation requirements for diesel fuel and distillate fuel. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4355, Jan. 15, 2025] | (a) Designation requirements for diesel fuel and distillate fuel manufacturers. (1) Except as specified in paragraph (a)(3) of this section, a diesel fuel or distillate fuel manufacturer must accurately and clearly designate each batch of diesel fuel or distillate fuel as at least one of the following fuel types: (i) ULSD. A diesel fuel manufacturer may also designate ULSD as 15 ppm MVNRLM diesel fuel. (ii) 500 ppm LM diesel fuel. (iii) Heating oil. (iv) Jet fuel. (v) Kerosene. (vi) ECA marine fuel. (vii) Distillate global marine fuel. (viii) Certified NTDF. (ix) Exempt diesel fuel or distillate fuel under subpart G of this part (including additional identifying information). (2) Only a fuel manufacturer that complies with the requirements in § 1090.515 may designate fuel as 500 ppm LM diesel fuel. (3) Any batch of diesel fuel or distillate fuel that is certified and designated as ULSD may also be designated as heating oil, kerosene, ECA marine fuel, jet fuel, or distillate global marine fuel if it is also suitable for such use. (b) Designation requirements for distributors of diesel fuel and distillate fuel. A distributor of diesel fuel or distillate fuel must accurately and clearly designate each batch of diesel fuel or distillate fuel for which they transfer custody as follows: (1) A distributor must accurately and clearly designate such diesel fuel or distillate fuel by sulfur content while it is in their custody ( e.g., as 15 ppm or 500 ppm). (2) A distributor must accurately and clearly designate such diesel fuel or distillate fuel as specified by the diesel fuel or distillate fuel manufacturer under paragraph (a) of this section. (3) A distributor may redesignate batches or portions of batches of diesel fuel or distillate fuel for which they transfer custody to another facility without recertifying the batch or portion of the batch as follows: (i) ULSD that is also suitable for use as kerosene or jet fuel (commonly referred to as dual use kerosene) may be designated as ULSD, kerosene, … | |||
| 40:40:37.0.1.1.7.11.46.5 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | K | Subpart K—Batch Certification and Designation | § 1090.1020 Batch numbering. | EPA | (a) A fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer must assign a number (the “batch number”) to each batch of gasoline, diesel fuel, oxygenate, certified pentane, or certified ethanol denaturant either produced or imported. The batch number must, if available, consist of the EPA-assigned company registration number of the party that either produced or imported the fuel, fuel additive, or regulated blendstock, the EPA-assigned facility registration number where the fuel, fuel additive, or regulated blendstock was produced or imported, the last two digits of the year that the batch was either produced or imported, and a unique number for the batch, beginning with the number one (1) for the first batch produced or imported each calendar year and each subsequent batch during the calendar year being assigned the next sequential number ( e.g., 4321-54321-20-000001, 4321-54321-20-000002, etc.). EPA assigns company and facility registration numbers as specified in subpart I of this part. (b) Certified butane or certified pentane blended with PCG during a period of up to one month may be included in a single batch for purposes of reporting to EPA. (c) A gasoline manufacturer that recertifies BOBs under § 1090.740 may include up to a single month's volume as a single batch for purposes of reporting to EPA. | ||||
| 40:40:37.0.1.1.7.12.46.1 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | L | Subpart L—Product Transfer Documents | § 1090.1100 General requirements. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4355, Jan. 15, 2025] | (a) General provisions. (1) On each occasion when any person transfers custody or title to any product covered under this part, other than when fuel is sold or dispensed to the ultimate end user at a retail outlet or WPC facility, the transferor must provide the transferee PTDs that include the following information: (i) The name and address of the transferor. (ii) The name and address of the transferee. (iii) The volume of the product being transferred. (iv) The location of the product at the time of the transfer. (v) The date of the transfer. (2) The specific designations required for gasoline-related products specified in § 1090.1010 or distillate-related products specified in § 1090.1015. (b) Use of codes. Except for transfers to a truck carrier, retailer, or WPC, product codes may be used to convey the information required under this subpart, if such codes are clearly understood by each transferee. (c) Part 80 PTD requirements. For any product subject to 40 CFR part 80, subpart M, a party must also include the applicable PTD information required under 40 CFR 80.1453. | |||
| 40:40:37.0.1.1.7.12.46.2 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | L | Subpart L—Product Transfer Documents | § 1090.1105 PTD requirements for exempt fuel, fuel additive, and regulated blendstock. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4355, Jan. 15, 2025] | (a) In addition to the information required under § 1090.1100, on each occasion when any person transfers custody or title to any exempt fuel, fuel additive, or regulated blendstock under subpart G of this part, other than when the exempt fuel, fuel additive, or regulated blendstock is sold or dispensed to the ultimate end user at a retail outlet or WPC facility, the transferor must provide the transferee PTDs that include the following statements, as applicable: (1) National security exemption language. For fuel, fuel additive, or regulated blendstock with a national security exemption specified in § 1090.605: “This fuel is for use in vehicles, engines, or equipment under an EPA-approved national security exemption only.” (2) R&D exemption language. For fuel, fuel additive, or regulated blendstock used for an R&D program specified in § 1090.610: “This fuel is for use in research, development, and test programs only.” (3) Racing fuel language. For fuel, fuel additive, or regulated blendstock used for racing purposes specified in § 1090.615: “This fuel is for racing purposes only.” (4) Aviation fuel language. For fuel, fuel additive, or regulated blendstock used in aircraft specified in § 1090.615: “This fuel is for aviation use only.” (5) Territory fuel exemption language. For fuel for use in American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands specified in § 1090.620: “This fuel is for use only in Guam, American Samoa, or the Northern Mariana Islands.” (6) California gasoline language. For California gasoline specified in § 1090.625: “California gasoline”. (7) California diesel fuel language. For California diesel fuel specified in § 1090.625: “California diesel fuel”. (8) Alaska, Hawaii, Puerto Rico, and U.S. Virgin Islands summer gasoline language. For summer gasoline for use in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands specified in § 1090.630: “This summer gasoline is for use only in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands.” (9) Expo… | |||
| 40:40:37.0.1.1.7.12.46.3 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | L | Subpart L—Product Transfer Documents | § 1090.1110 PTD requirements for gasoline, gasoline additives, and gasoline regulated blendstocks. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 89 FR 14775, Feb. 29, 2024; 90 FR 4356, Jan. 15, 2025] | (a) General requirements. On each occasion when any person transfers custody or title of any gasoline, gasoline additive, or gasoline regulated blendstock, other than when fuel is sold or dispensed to the ultimate end user at a retail outlet or WPC facility, the transferor must provide the transferee PTDs that include the following information: (1) All applicable information required under § 1090.1100 and this section. (2) An accurate and clear statement of the applicable designation of the gasoline, gasoline additive, or gasoline regulated blendstock under § 1090.1010. (b) BOB language requirements. For batches of BOB, in addition to the information required under paragraph (a) of this section, the following information must be included on the PTD: (1) Oxygenate type(s) and amount(s). Statements specifying each oxygenate type and amount (or range of amounts) for which the BOB was certified under § 1090.710(a)(5). (2) Summer BOB language requirements. (i) Except as specified in paragraph (b)(2)(ii) of this section, for batches of summer BOB, identification of the product with one of the following statements indicating the applicable RVP standard, as specified in § 1090.215: (A) “9.0 psi CBOB. This product does not meet the requirements for summer reformulated gasoline.” (B) “7.8 psi CBOB. This product does not meet the requirements for summer reformulated gasoline.” (C) “Low-RVP CBOB. This product does not meet the requirements for summer reformulated gasoline.” (D) “RBOB. This product meets the requirements for summer reformulated or conventional gasoline.” (ii) For BOBs designed to produce a finished gasoline that must meet an RVP standard required by any SIP approved or promulgated under 42 U.S.C. 7410 or 7502, additional or substitute language to satisfy the state program may be used as necessary but must include at a minimum the applicable RVP standard established under the SIP. (c) RFG and CG requirements. For batches of RFG and CG, in addition to the information required under paragrap… | |||
| 40:40:37.0.1.1.7.12.46.4 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | L | Subpart L—Product Transfer Documents | § 1090.1115 PTD requirements for distillate fuel and residual fuel. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4356, Jan. 15, 2025] | (a) General requirements. On each occasion when any person transfers custody or title of any distillate fuel or residual fuel, other than when fuel is sold or dispensed to the ultimate end user at a retail outlet or WPC facility, the transferor must provide the transferee PTDs that include the following information: (1) The sulfur per-gallon standard that the transferor represents the distillate fuel or residual fuel to meet under subpart D of this part ( e.g., 15 ppm sulfur for ULSD or 1,000 ppm sulfur for ECA marine fuel). (2) An accurate and clear statement of the applicable designation(s) of the distillate fuel or residual fuel under § 1090.1015 ( e.g., “ULSD”, “500 ppm LM diesel fuel”, or “ECA marine fuel”). (3) If the distillate fuel or residual fuel does not meet the sulfur standard in § 1090.305(b) for ULSD, the following statement: “Not for use in highway vehicles or engines or nonroad, locomotive, or marine engines.” (b) 500 ppm LM diesel fuel language requirements. For batches of 500 ppm LM diesel fuel, in addition to the information required under paragraph (a) of this section, PTDs must include the following information: (1) The following statement: “500 ppm sulfur (maximum) LM diesel fuel. For use only in accordance with a compliance plan under 40 CFR 1090.515(g). Not for use in highway vehicles or other nonroad vehicles and engines.” (2) [Reserved] (c) ECA marine fuel language requirements. For batches of ECA marine fuel, in addition to the information required under paragraph (a) of this section, PTDs must include the following information: (1) The following statement: “1,000 ppm sulfur (maximum) ECA marine fuel. For use in Category 3 marine vessels only. Not for use in Category 1 or Category 2 marine vessels.” (2) A party may replace the required statement in paragraph (c)(1) of this section with the following statement for qualifying vessels under 40 CFR part 1043: “High sulfur fuel. For use only in ships as allowed by MARPOL Annex VI, Regulation 3 or Regulation 4.” (3) Under 4… | |||
| 40:40:37.0.1.1.7.12.46.5 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | L | Subpart L—Product Transfer Documents | § 1090.1120 PTD requirements for diesel fuel additives. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4356, Jan. 15, 2025] | In addition to any other PTD requirements in this subpart, on each occasion when any person transfers custody or title to a diesel fuel additive that is subject to the provisions of § 1090.310 to a party in the additive distribution system or in the diesel fuel distribution system for use downstream of the diesel fuel manufacturing facility, the transferor must provide to the transferee PTDs that include the following information: (a) For diesel fuel additives that comply with the sulfur standard in § 1090.310(a), the following statement: “The sulfur content of this diesel fuel additive does not exceed 15 ppm.” (b) For diesel fuel additives that meet the requirements in § 1090.310(b), the transferor must provide to the transferee PTDs that identify the additive as such, and comply with all the following: (1) Indicate the high sulfur potential of the diesel fuel additive by including the following statement: “This diesel fuel additive may exceed the federal 15 ppm sulfur standard. Improper use of this additive may result in non-compliant diesel fuel.” (2) If the diesel fuel additive package contains a static dissipater additive or red dye having a sulfur content greater than 15 ppm, one of the following statements must be included that accurately describes the contents of the additive package: (i) “This diesel fuel additive contains a static dissipater additive having a sulfur content greater than 15 ppm.” (ii) “This diesel fuel additive contains red dye having a sulfur content greater than 15 ppm.” (iii) “This diesel fuel additive contains a static dissipater additive and red dye having a sulfur content greater than 15 ppm.” (3) Include the following information: (i) The diesel fuel additive package's maximum sulfur concentration. (ii) The maximum recommended concentration for use of the diesel fuel additive package in diesel fuel, in volume percent. (iii) The contribution to the sulfur content of the diesel fuel, in ppm, that would result if the diesel fuel additive package is used at the maximum reco… | |||
| 40:40:37.0.1.1.7.12.46.6 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | L | Subpart L—Product Transfer Documents | § 1090.1125 Alternative PTD language. | EPA | (a) Alternative PTD language to the language specified in this subpart may be used if approved by EPA in advance. Such language must contain all the applicable informational elements specified in this subpart. (b) Requests for alternative PTD language must be submitted as specified in § 1090.10. | ||||
| 40:40:37.0.1.1.7.13.46.1 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | M | Subpart M—Recordkeeping | § 1090.1200 General recordkeeping requirements. | EPA | (a) Length of time records must be kept. Records required under this part must be kept for 5 years from the date they were created, except that records relating to credit transfers must be kept by the transferor for 5 years from the date the credits were transferred and must be kept by the transferee for 5 years from the date the credits were transferred, used, or terminated, whichever is later. (b) Make records available to EPA. On request by EPA, the records specified in this part must be provided to EPA. For records that are electronically generated or maintained, the equipment and software necessary to read the records must be made available or, upon approval by EPA, electronic records must be converted to paper documents that must be provided to EPA. | ||||
| 40:40:37.0.1.1.7.13.46.10 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | M | Subpart M—Recordkeeping | § 1090.1245 Recordkeeping requirements for independent surveyors. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4357, Jan. 15, 2025] | (a) Overview. In addition to the requirements in § 1090.1205, an independent surveyor must keep records that include the information in this section. (b) Independent surveyors. An independent surveyor must keep records of the following information, as applicable: (1) Records related to the NFSP under § 1090.1405. (2) Records related to a geographically focused E15 survey program under § 1090.1420(b). (3) Records related to the NSTOP under § 1090.1450. | |||
| 40:40:37.0.1.1.7.13.46.11 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | M | Subpart M—Recordkeeping | § 1090.1250 Recordkeeping requirements for auditors. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4357, Jan. 15, 2025] | (a) Overview. In addition to the requirements in § 1090.1205, an auditor must keep records that include the information in this section. (b) Auditors. An auditor must keep records of the following information: (1) Documents pertaining to the performance of each audit performed under subpart S of this part, including all correspondence between the auditor and the fuel manufacturer. (2) Copies of each attestation engagement report prepared and all related records developed to prepare each report. | |||
| 40:40:37.0.1.1.7.13.46.12 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | M | Subpart M—Recordkeeping | § 1090.1255 Recordkeeping requirements for transmix, 500 ppm LM diesel fuel, and pipeline interface. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4357, Jan. 15, 2025] | (a) Overview. In addition to the requirements in § 1090.1205, a transmix processor, transmix blender, transmix distributor, manufacturer or distributor of 500 ppm LM diesel fuel using transmix, or pipeline operator must keep records that include the information in this section. (b) Transmix. (1) A transmix processor or transmix distributor must keep records that reflect the results of any sampling and testing required under subpart F or M of this part. (2) A transmix processor must keep records showing the volumes of TGP recovered from transmix and the type and amount of any blendstock or PCG added to make gasoline from TGP under § 1090.505. (3) A transmix processor that adds blendstock to TGP or PCG must keep records under § 1090.1210(d). (4) A transmix blender must keep records showing compliance with the quality assurance program and/or sampling and testing requirements in § 1090.500, and for each batch of gasoline with which transmix is blended, the volume of the batch, and the volume of transmix blended into the batch. (c) 500 ppm LM diesel fuel. A manufacturer or distributor of 500 ppm LM diesel fuel using transmix must keep records of the following information, as applicable: (1) Copies of the compliance plan required under § 1090.515(g). (2) Documents demonstrating how the party complies with each applicable element of the compliance plan under § 1090.515(g). (3) Documents and copies of calculations used to determine compliance with the 500 ppm LM diesel fuel volume requirements under § 1090.515(c). (4) Documents or information that demonstrates that the 500 ppm LM diesel fuel was only used in locomotive or marine engines that are not required to use ULSD under 40 CFR 1033.815 or 40 CFR 1042.660, respectively. (d) Pipeline interface. A pipeline operator must keep records that demonstrate compliance with the pipeline interface handling practices in § 1090.520. | |||
| 40:40:37.0.1.1.7.13.46.2 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | M | Subpart M—Recordkeeping | § 1090.1205 Recordkeeping requirements for all regulated parties. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4356, Jan. 15, 2025] | (a) Overview. Any party subject to the requirements and provisions of this part must keep records containing the information specified in this section. (b) PTDs. Any party that transfers custody or title of any fuel, fuel additive, or regulated blendstock must maintain the PTDs for which the party is the transferor or transferee. (c) Sampling and testing. Any party that performs any sampling and testing on any fuel, fuel additive, or regulated blendstock must keep records of the following information for each sample collected: (1) The date, time, location, and identification of the storage tank, railcar, truck, or vessel from which the sample was collected. (2) The name of the person who collected the sample and the person who performed the test. (3) The results of all tests, including where more than one test is performed, as originally printed by the testing apparatus, or where no printed result is produced, the results as originally recorded by the person that performed the test. (4) The test methodology used. (5) Records related to performance-based measurement and statistical quality control under §§ 1090.1360 through 1090.1375. (6) Records related to gasoline deposit control testing under § 1090.1395. (7) Records demonstrating the actions taken to stop the sale of any fuel, fuel additive, or regulated blendstock that is found not to be in compliance with applicable standards under this part, and the actions taken to identify the cause of any noncompliance and prevent future instances of noncompliance. (d) Registration. Any party required to register under subpart I of this part must maintain records supporting the information required to complete and maintain the registration for the party's company and each registered facility. The party must also maintain copies of any confirmation received from the submission of such registration information to EPA. (e) Reporting. Any party required to submit reports under subpart J of this part must maintain copies of all reports submitted to EPA. T… | |||
| 40:40:37.0.1.1.7.13.46.3 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | M | Subpart M—Recordkeeping | § 1090.1210 Recordkeeping requirements for gasoline manufacturers. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4356, Jan. 15, 2025] | (a) Overview. In addition to the requirements in § 1090.1205, a gasoline manufacturer must keep records for each of their facilities that include the information in this section. (b) Batch records. For each batch of gasoline, a gasoline manufacturer must keep records of the following information: (1) The results of tests, including any calculations necessary to transcribe or correlate test results into reported values under subpart J of this part, performed to determine gasoline properties and characteristics as specified in subpart N of this part. (2) The batch volume. (3) The batch number. (4) The date the batch was produced or imported. (5) The designation of the batch under § 1090.1010. (6) The PTDs for any gasoline produced or imported. (7) The PTDs for any gasoline received. (c) Downstream oxygenate accounting. For BOB for which the gasoline manufacturer has accounted for oxygenate added downstream under § 1090.710, a gasoline manufacturer must keep records of the following information: (1) The test results for hand blends prepared under § 1090.1340. (2) Records that demonstrate that the gasoline manufacturer participates in the NFSP under § 1090.1405. (3) Records that demonstrate that the gasoline manufacturer participates in the NSTOP under § 1090.1450. (4) Compliance calculations specified in § 1090.700 based on an assumed addition of oxygenate. (d) PCG and TGP. For new batches of gasoline produced by adding blendstock to PCG or TGP, a gasoline manufacturer must keep records of the following information: (1) Records that reflect the storage and movement of the PCG or TGP and blendstock within the gasoline manufacturing facility to the point such PCG or TGP is used to produce gasoline or BOB. (2) For new batches of gasoline produced by adding blendstock to PCG or TGP under § 1090.1320(a)(1) or § 1090.1325, respectively, keep records of the following additional information: (i) The results of tests to determine the sulfur content, benzene content, oxygenate(s) content, and in the s… | |||
| 40:40:37.0.1.1.7.13.46.4 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | M | Subpart M—Recordkeeping | § 1090.1215 Recordkeeping requirements for diesel fuel, ECA marine fuel, and distillate global marine fuel manufacturers. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4356, Jan. 15, 2025] | (a) Overview. In addition to the requirements in § 1090.1205, a diesel fuel, ECA marine fuel, or distillate global marine fuel manufacturer must keep records for each of their facilities that include the information in this section. (b) Diesel fuel and ECA marine fuel records. For each batch of ULSD, 500 ppm LM diesel fuel, or ECA marine fuel, a diesel fuel or ECA marine fuel manufacturer must keep records of the following information: (1) The batch volume. (2) The batch number. (3) The date the batch was produced or imported. (4) The designation of the batch under § 1090.1015. (5) All documents and information created or used for the purpose of batch designation under § 1090.1015, including PTDs for the batch. (c) Distillate global marine fuel records. For distillate global marine fuel, a distillate global marine fuel manufacturer must keep records of the following information: (1) The designation of the fuel as distillate global marine fuel. (2) The PTD for the distillate global marine fuel. | |||
| 40:40:37.0.1.1.7.13.46.5 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | M | Subpart M—Recordkeeping | § 1090.1220 Recordkeeping requirements for oxygenate blenders. | EPA | (a) Overview. In addition to the requirements in § 1090.1205, an oxygenate blender that blends oxygenate into gasoline must keep records that include the information in this section. (b) Oxygenate blenders. For each occasion that an oxygenate blender blends oxygenate into gasoline, the oxygenate blender must keep records of the following information: (1) The date, time, location, and identification of the blending tank or truck in which the blending occurred. (2) The volume and oxygenate requirement of the gasoline to which oxygenate was added. (3) The volume, type, and purity of the oxygenate that was added, and documents that show the supplier(s) of the oxygenate used. | ||||
| 40:40:37.0.1.1.7.13.46.6 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | M | Subpart M—Recordkeeping | § 1090.1225 Recordkeeping requirements for gasoline additives. | EPA | (a) Gasoline additive manufacturers. In addition to the requirements in § 1090.1205, a gasoline additive manufacturer must keep records of the following information for each batch of additive produced or imported: (1) The batch volume. (2) The date the batch was produced or imported. (3) The PTD for the batch. (4) The maximum recommended treatment rate. (5) The gasoline additive manufacturer's control practices that demonstrate that the additive will contribute no more than 3 ppm on a per-gallon basis to the sulfur content of gasoline when used at the maximum recommended treatment rate. (b) Parties that take custody of gasoline additives. Except for gasoline additives packaged for addition to gasoline in the vehicle fuel tank, all parties that take custody of gasoline additives for bulk addition to gasoline—from the producer through to the gasoline additive blender that adds the additive to gasoline—must keep records of the following information: (1) The PTD for each batch of gasoline additive. (2) The treatment rate at which the additive was added to gasoline, as applicable. (3) The volume of gasoline that was treated with the additive, as applicable. A new record must be initiated in each case where a new batch of additive is mixed into a storage tank from which the additive is drawn to be injected into gasoline. | ||||
| 40:40:37.0.1.1.7.13.46.7 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | M | Subpart M—Recordkeeping | § 1090.1230 Recordkeeping requirements for oxygenate producers. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4357, Jan. 15, 2025] | (a) Oxygenate producers. In addition to the requirements in § 1090.1205, an oxygenate producer must keep records of the following information for each batch of oxygenate: (1) The batch volume. (2) The batch number. (3) The date the batch was produced or imported. (4) The PTD for the batch. (5) The sulfur content of the batch. (6) The sampling and testing records specified in § 1090.1205(c), if the sulfur content of the batch was determined by analytical testing. (b) DFE producers. In addition to the requirements of paragraph (a) of this section, a DFE producer must keep records of the following information for each batch of DFE if the sulfur content of the batch was determined under § 1090.1330: (1) The name and title of the person who calculated the sulfur content of the batch. (2) The date the calculation was performed. (3) The calculated sulfur content. (4) The sulfur content of the neat (un-denatured) ethanol. (5) The date each batch of neat ethanol was produced. (6) The neat ethanol batch number. (7) The neat ethanol batch volume. (8) The neat ethanol production quality control records or the test results on the neat ethanol, as applicable. (9) The sulfur content of each batch of denaturant used, and the volume percent at which the denaturant was added to neat (un-denatured) ethanol to produce DFE. (10) The PTD for each batch of denaturant used. (c) Parties that take custody of oxygenate. All parties that take custody of oxygenate—from the oxygenate producer through to the oxygenate blender—must keep records of the following information: (1) The PTD for each batch of oxygenate. (2) [Reserved] | |||
| 40:40:37.0.1.1.7.13.46.8 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | M | Subpart M—Recordkeeping | § 1090.1235 Recordkeeping requirements for ethanol denaturant. | EPA | (a) Certified ethanol denaturant producers. In addition to the requirements in § 1090.1205, a certified ethanol denaturant producer must keep records of the following information for each batch of certified ethanol denaturant: (1) The batch volume. (2) The batch number. (3) The date the batch was produced or imported. (4) The PTD for the batch. (5) The sulfur content of the batch. (b) Parties that take custody of ethanol denaturants. All parties that take custody of denaturant designated as suitable for use in the production of DFE under § 1090.270(b) must keep records of the following information: (1) The PTD for each batch of denaturant. (2) The volume percent at which the denaturant was added to ethanol, as applicable. | ||||
| 40:40:37.0.1.1.7.13.46.9 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | M | Subpart M—Recordkeeping | § 1090.1240 Recordkeeping requirements for gasoline detergent blenders. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4357, Jan. 15, 2025] | (a) Overview. In addition to the requirements in § 1090.1205, a gasoline detergent blender must keep records that include the information in this section. (b) Gasoline detergent blenders. A gasoline detergent blender must keep records of the following information: (1) The PTD for each detergent used. (2) For an automated detergent blending facility, the following information: (i) The dates of the VAR period. (ii) The total volume of detergent blended into gasoline, as determined using one of the following methods, as applicable: (A) For a facility that uses in-line meters to measure the amount of detergent blended, the total volume of detergent measured, together with supporting data that includes one of the following: ( 1 ) The beginning and ending meter readings for each meter being measured. ( 2 ) Other comparable metered measurements. (B) For a facility that uses a gauge to measure the inventory of the detergent storage tank, the total volume of detergent must be calculated as follows: V D = DI i −DI f + DI a −DI w Where: V D = Volume of detergent, in gallons. DI i = Initial detergent inventory of the tank, in gallons. DI f = Final detergent inventory of the tank, in gallons. DI a = Sum of any additions to detergent inventory, in gallons. DI w = Sum of any withdrawals from detergent inventory for purposes other than the additization of gasoline, in gallons. Where: V D = Volume of detergent, in gallons. DI i = Initial detergent inventory of the tank, in gallons. DI f = Final detergent inventory of the tank, in gallons. DI a = Sum of any additions to detergent inventory, in gallons. DI w = Sum of any withdrawals from detergent inventory for purposes other than the additization of gasoline, in gallons. (C) The value of each variable in the equation in paragraph (b)(2)(ii)(B) of this section must be separately recorded. Recorded volumes of detergent must be expressed to the nearest gallon (or smaller units), except that detergent volumes of five gallons or less mus… | |||
| 40:40:37.0.1.1.7.14.46.1 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1300 General provisions. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4357, Jan. 15, 2025] | (a) This subpart is organized as follows: (1) Sections 1090.1310 through 1090.1330 specify the scope of required testing, including special provisions that apply in several unique circumstances. (2) Sections 1090.1335 through 1090.1345 specify handling procedures for collecting and retaining samples. Sections 1090.1350 through 1090.1375 specify the procedures for measuring the specified parameters. These procedures apply to anyone who performs testing under this subpart. (3) Section 1090.1390 specifies the requirements for calibrating automated detergent blending equipment. (4) Section 1090.1395 specifies the procedures for testing related to gasoline deposit control test procedure. (b) If you need to meet requirements for a quality assurance program at a minimum frequency, the first shipment of product you receive from each distributor triggers the testing requirement for that distributor. Perform testing with the first shipment of product to demonstrate compliance for the testing period. The following example illustrates the requirements for testing based on sampling the more frequent of every 90 days or 500,000 gallons of certified butane you receive from each distributor: (1) If you receive an initial shipment of certified butane from a distributor on March 1, perform testing on that batch to show that it meets standards. A passing result qualifies all further shipments of certified butane from that distributor until May 29, as long as you receive less than 500,000 gallons of certified butane from that distributor during those 90 days. In that case, the testing period ends May 29 and the next testing period starts when you receive another shipment of certified butane from that distributor on or after May 30. (2) If you receive a shipment from that distributor before May 29 that that causes the total volume of certified butane from that distributor to exceed 500,000 gallons over the testing period, the date that batch is received represents the end of the testing period. The next testing period starts w… | |||
| 40:40:37.0.1.1.7.14.46.2 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1310 Testing to demonstrate compliance with standards. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4357, Jan. 15, 2025] | (a) Perform testing as needed to certify fuel, fuel additive, or regulated blendstock as specified in subpart K of this part. This section specifies additional test requirements. (b) A fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer must perform the following measurements before fuel, fuel additive, or regulated blendstock from a given batch leaves the facility, except as specified in paragraph (f) of this section and § 1090.1315: (1) Diesel fuel. Perform testing for each batch of ULSD, 500 ppm LM diesel fuel, and ECA marine fuel to demonstrate compliance with sulfur standards. (2) Gasoline. Perform testing for each batch of gasoline to demonstrate compliance with sulfur standards and perform testing for each batch of summer gasoline to demonstrate compliance with RVP standards. (c) The following testing provisions apply for gasoline, oxygenate, certified ethanol denaturant, certified butane, and certified pentane: (1) A gasoline manufacturer producing BOB for which oxygenate added downstream is accounted for under § 1090.710 must prepare a hand blend as specified in § 1090.1340 and perform the following measurements: (i) Measure the sulfur content of both the BOB and the hand blend. (ii) Except as specified in § 1090.1325(c), measure the benzene content of the hand blend. (iii) For Summer CG, measure the RVP of the BOB. (iv) For Summer RFG, measure the RVP of the hand blend. (2) A gasoline manufacturer producing gasoline for which oxygenate added downstream is not accounted for under § 1090.710 ( e.g., E0 or so-called suboctane gasoline) must perform the following measurements: (i) Measure the sulfur content of the gasoline. (ii) Except as specified in § 1090.1325(c), measure the benzene content of the gasoline. (iii) For Summer CG and Summer RFG, measure the RVP of the gasoline. (iv) For Summer RFG that is designated as “Intended for Oxygenate Blending” under § 1090.1010(a)(4), create a hand blend as specified in § 1090.1340 and measure the RVP of the hand blen… | |||
| 40:40:37.0.1.1.7.14.46.3 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1315 In-line blending. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4358, Jan. 15, 2025] | A fuel manufacturer using in-line blending equipment may qualify for a waiver from the requirement in § 1090.1310(b) to test every batch of fuel before the fuel leaves the fuel manufacturing facility. This section describes in-line blending waiver provisions that apply instead of or in addition to the requirements in § 1090.1335(c). (a) Submit a request signed by the RCO, or their delegate, to EPA with the following information: (1) Describe the location of your in-line blending operation, how long it has been in operation, and how much of each type and grade of fuel you have blended over the preceding 3 years (or since starting the in-line blending operation if it is less than 3 years). Describe the physical layout of the blending operation and how you move the blended fuel into distribution. Also describe how your automated system monitors and controls blending proportions and the properties of the blended fuel. For new installations, describe these as a planned operation with projected volumes by type and grade. Describe clearly which portions of your blending operation are the subject of your waiver request. (2) Describe how you collect and test composite fuel samples in a way that is equivalent to measuring the fuel properties of a batch of blended fuel as specified in this subpart. Also describe how your procedures conform to the sampling specifications in ASTM D4177 and the composite calculations in ASTM D5854 (both incorporated by reference in § 1090.95). (3) Describe any expectation or plan for you or another party to perform additional downstream testing for the same fuel parameters. (4) Describe your quality assurance procedures. Explain how you will ensure that all fuel will meet all applicable per-gallon standards. Describe any experiences from the previous 3 years where these quality assurance procedures led you to make corrections to your in-line blending operation. Describe how you will deal with release of fuel that fails to meet a per-gallon standard. (5) Describe any times from the previo… | |||
| 40:40:37.0.1.1.7.14.46.4 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1320 Adding blendstock to PCG. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4358, Jan. 15, 2025] | The requirements of this section apply for a refiner or blending manufacturer that adds blendstock to PCG to produce a new batch of gasoline. Paragraph (b) of this section specifies an alternative approach for a certified butane or certified pentane blender. Section 1090.1325 describes additional provisions that apply to a transmix processor. (a) Sample and test using one of the following methods to exclude PCG from the compliance demonstration for sulfur content and benzene content: (1) Compliance by subtraction. (i) Determine the sulfur content, benzene content, and oxygenate content of the PCG before blending blendstocks to produce a new batch of gasoline as follows: (A) Sample and test the sulfur content, benzene content, and oxygenate content of each batch of PCG using the procedures in § 1090.1350. Demonstrate homogeneity for the consolidated batch as specified in § 1090.1337 if blending involves multiple batches of PCG, or if a single batch of PCG was certified without demonstrating homogeneity under § 1090.1337(a)(4). The blending manufacturer does not need to test PCG for oxygenate content if they can demonstrate that the PCG does not contain oxygenates as specified in paragraph (a)(1)(i)(C) of this section or § 1090.1310(e)(1). For PCG sampled from a pipeline as specified in § 1090.1335(c), homogeneity provisions apply as specified in § 1090.1337, except that no homogeneity testing is required for a volume less than 1 million gallons. Evaluate homogeneity based on two evenly distributed samples if volume is between 1 million and 2 million gallons, and based on three evenly distributed samples if volume is greater than 2 million gallons. If multiple samples meet homogeneity requirements, composite the collected samples for testing sulfur, benzene, and oxygenate. (B) If the PCG is a BOB and the blending manufacturer is accounting for downstream oxygenate under § 1090.710, also prepare a hand blend under § 1090.1340 and test the hand blend for sulfur content and benzene content. (C) The blending man… | |||
| 40:40:37.0.1.1.7.14.46.5 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1325 Adding blendstock or PCG to TGP. | EPA | The following provisions apply to a transmix processor or blending manufacturer producing gasoline by adding blendstock or PCG to TGP: (a) Determine the volume, sulfur content, and benzene content of each blendstock batch used to produce gasoline for reporting and compliance calculations by following the sampling and testing requirements in § 1090.1320 and treating the TGP used to produce the gasoline as PCG. (b) Sample and test the gasoline made from TGP and PCG or blendstock to demonstrate compliance with the fuel manufacturing facility gate sulfur per-gallon standard in § 1090.205(b) and the applicable RVP standard in § 1090.215. (c) A transmix processor producing gasoline by only adding TGP to PCG does not have to measure the benzene content of the finished gasoline. | ||||
| 40:40:37.0.1.1.7.14.46.6 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1330 Preparing denatured fuel ethanol. | EPA | Instead of measuring every batch, a DFE producer or importer may calculate the sulfur content of a batch of DFE as follows: (a) Determine the sulfur content of ethanol before adding denaturant by measuring it as specified in § 1090.1310 or by estimating it based on your production quality control procedures. (b) Use the ppm sulfur content of certified ethanol denaturant specified on the PTD for the batch. If the sulfur content is specified as a range, use the maximum specified value. (c) Calculate the weighted sulfur content of the DFE using the values determined under paragraphs (a) and (b) of this section. | ||||
| 40:40:37.0.1.1.7.14.47.10 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1345 Retaining samples. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4361, Jan. 15, 2025] | (a) Retain samples as follows: (1) A fuel manufacturer, regulated blendstock producer, or independent surveyor must keep representative samples of gasoline, diesel fuel, or oxygenate that is subject to certification testing requirements under this subpart for at least 30 days after testing is complete, except that a longer sample retention of 90 days applies for a blending manufacturer that produces gasoline. (2) A certified pentane producer must keep representative samples of certified pentane for at least 30 days after testing is complete. (3) A blending manufacturer required to test blendstock under § 1090.1320(a)(2) must keep representative samples of the blendstock and the new batch of gasoline for at least 90 days after testing is complete. (4) An oxygenate producer or importer must keep oxygenate samples as follows: (i) Keep a representative sample of any tested oxygenate. Also keep a representative sample of DFE if you used the provisions of § 1090.1330 to calculate its sulfur content. (ii) Keep all the samples you collect over the previous 21 days. If you have fewer than 20 samples from the previous 21 days, continue keeping the most recent 20 samples collected up to a maximum of 90 days for any given sample. (5) The nominal volume of retained liquid samples must be at least 330 ml. (6) If you have only a single sample for testing, keep that sample after testing is complete. If you collect multiple samples from a single batch, keep any sample that represents the batch, except that samples of summer gasoline must be untested. (7) If you test a hand blend under § 1090.1340, keep a sample of the BOB and a sample representative of the oxygenate used to prepare the hand blend. (b) Keep records of all calculations, test results, and test methods for the batch associated with each stored sample. (c) If EPA requests a test sample, you must follow EPA's instructions and send it to EPA by a courier service (or equivalent). The instructions will describe where and when to send the sample. For each test s… | |||
| 40:40:37.0.1.1.7.14.47.7 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1335 Collecting, preparing, and testing samples. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4359, Jan. 15, 2025] | (a) General provisions. Use good laboratory practice to collect samples to represent the batch you are testing. For example, take steps to ensure that a batch is always well mixed before sampling. Also, always take steps to prevent sample contamination, such as completely flushing sampling taps and piping and pre-rinsing sample containers with the product being sampled. Follow the procedures in paragraph (b) of this section for manual sampling. Follow the procedures in paragraph (c) of this section for automatic sampling. Additional requirements for measuring RVP are specified in paragraph (d) of this section. A description of how to determine compliance based on single or multiple tests on single or multiple samples is specified in paragraph (e) of this section. (b) Manual sampling. Perform manual sampling using one of the methods specified in ASTM D4057 (incorporated by reference; see § 1090.95) to demonstrate compliance with standards as follows: (1) Collect a “running” or “all-levels” sample from the top of the tank. Drawing a sample from a standpipe is acceptable only if it is slotted or perforated to ensure that the drawn sample properly represents the whole batch. (2) Use tap sampling (or other spot sampling) to collect upper, middle, and lower samples. Collect samples that most closely match the recommendations in ASTM D4057. Adjust spot sampling for partially filled tanks as shown in Table 1, Table 5, or Table 6 of ASTM D4057, as applicable. (3) If the procedures in paragraphs (b)(1) and (2) of this section are impractical for a given storage configuration, you may use alternative sampling procedures as specified in ASTM D4057. This applies primarily for sampling with railcars, trucks, retail outlets, and other downstream locations. (4) Test results with manual sampling are valid only after you demonstrate homogeneity as specified in § 1090.1337. Once a batch meets homogeneity specifications, you may use any properly drawn sample to represent the batch, subject to the hand-blending provisions of… | |||
| 40:40:37.0.1.1.7.14.47.8 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1337 Demonstrating homogeneity. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4360, Jan. 15, 2025] | (a) Certification test results corresponding to manual sampling as specified in § 1090.1335(b) are valid only if collected samples meet the homogeneity specifications in this section, except that the homogeneity testing requirement does not apply in the following cases: (1) There is only a single sample using the procedure specified in § 1090.1335(b)(2). (2) Upright cylindrical tanks that have a liquid depth of less than 10 feet. (3) Horizontal tanks with circular or elliptical cross section with a volume less than 42,000 gallons used for storing ethanol denaturant. Draw samples from the approximate mid-depth of the product level. (4) You draw spot samples as specified in paragraph (c) of this section, test each sample for every parameter subject to a testing requirement, and use the worst-case test result for each parameter for purposes of reporting, meeting per-gallon and average standards, and all other aspects of compliance. (5) Your tank configuration depends on roof sampling for homogeneity demonstration, but inclement weather prevents collecting roof samples and EPA has already approved a plan for a mixing procedure to ensure a homogeneous batch for your specific tank configuration. EPA approval of the mixing procedure will include consideration of product type, fill level, and other relevant parameters for specific tank configurations and batch characteristics. Keep records to document EPA approval of the mixing procedure, your actions to follow the approved mixing procedure, and the forcing weather event. (6) Sampling occurs at a downstream location where it is not possible to collect separate samples and steps are taken to ensure that the batch is well mixed. (7) The product being tested is certified butane or certified pentane. (b) Any test to establish homogeneity is considered a certification test relative to a per-gallon standard for a given parameter if the test result is the worst-case value from all testing performed for the batch. Report the highest measured value as specified in § 1090.… | |||
| 40:40:37.0.1.1.7.14.47.9 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1340 Preparing a hand blend from BOB. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4361, Jan. 15, 2025] | (a) If you produce or import BOB and instruct downstream blenders to add oxygenate, you must meet the requirements of this subpart by blending oxygenate that reflects the anticipated sulfur content and benzene content of the oxygenate for blending into a BOB sample. To do this, prepare each hand blend by adding oxygenate to the BOB sample in a way that corresponds to your instructions to downstream blenders for the sampled batch of fuel. Prepare hand blends as follows: (1) Take steps to avoid introducing high or low bias in sulfur content when selecting from available samples to prepare the hand blend. For example, if there are three samples with discrete sulfur content measurements, select the sample with the mid-range sulfur content. In other cases, randomly select the sample. If you omit the homogeneity demonstration under § 1090.1337(a)(4), prepare a single hand blend using the BOB sample that has the highest sulfur content. (2) If your instructions allow for a downstream blender to add more than one type or concentration of oxygenate, prepare the hand blend as follows: (i) For summer gasoline intended for blending with ethanol, use the lowest specified ethanol blend. (ii) For all winter gasoline and for summer gasoline intended for blending only with oxygenate other than ethanol, use the lowest specified oxygenate concentration, regardless of the type of oxygenate. (iii) As an example, if you give instructions for a given batch of BOB to perform downstream blending to make E10, E15, and a blend that contains 8 volume percent butanol, prepare a hand blend for testing winter gasoline with 8 volume percent butanol, and prepare an E10 hand blend for testing summer gasoline. (b) Prepare the hand blend using the procedures specified in ASTM D7717 (incorporated by reference in § 1090.95). The hand blend must have an amount of oxygenate that does not exceed the oxygenate concentration specified on the PTD for the BOB under § 1090.1110(b)(1). | |||
| 40:40:37.0.1.1.7.14.48.11 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1350 Overview of test procedures. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4361, Jan. 15, 2025] | A fuel manufacturer, fuel additive manufacturer, regulated blendstock producer, or independent surveyor meets the requirements of this subpart based on laboratory measurements of the specified fuel parameters. Test procedures for these measurements apply as follows: (a) Except as specified in paragraph (b) of this section, the Performance-based Measurement System specified in §§ 1090.1360 through 1090.1375 applies for all testing specified in this subpart for the following fuels and fuel parameters: (1) Sulfur content of diesel fuel. (2) Sulfur content of ECA marine fuel. (3) RVP, sulfur content, benzene content, and oxygenate content of gasoline. The procedures for measuring sulfur in gasoline in this subpart also apply for testing sulfur in certified ethanol denaturant; however, demonstrating compliance for alternative procedures in § 1090.1365 and statistical quality control in § 1090.1375 do not apply for sulfur concentration above 80 ppm. (4) Sulfur content of butane. (b) Specific test procedures apply for measuring other fuel parameters, as follows: (1) Determine the cetane index of diesel fuel as specified in ASTM D976 or ASTM D4737 (incorporated by reference in § 1090.95). There is no cetane-related test requirement for biodiesel that meets ASTM D6751 (incorporated by reference in § 1090.95). (2) Measure aromatic content of diesel fuel as specified in ASTM D1319 or ASTM D5186 (incorporated by reference in § 1090.95). You may use an alternative procedure if you correlate your test results with ASTM D1319 or ASTM D5186. There is no aromatics-related test requirement for biodiesel that meets ASTM D6751. (3) Measure the purity of butane as specified in ASTM D2163 (incorporated by reference in § 1090.95). Measure the purity of pentane as specified in ASTM D2163 or ASTM D5134 (incorporated by reference in § 1090.95). (4) Measure the benzene content of butane and pentane as specified in ASTM D2163, ASTM D5134, ASTM D6729, or ASTM D6730 (incorporated by reference in § 1090.95). (5) Measure the sulfur c… | |||
| 40:40:37.0.1.1.7.14.48.12 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1355 Calculation adjustments and corrections. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4361, Jan. 15, 2025; 90 FR 24518, June 11, 2025] | Adjust measured values as follows: (a) Adjust measured values for total vapor pressure as follows: RVP = 0.956 • P total −0.347 Where: RVP = Reid vapor pressure, in psi. P total = Measured total vapor pressure, in psi. Where: RVP = Reid vapor pressure, in psi. P total = Measured total vapor pressure, in psi. (b) For measuring the sulfur content and benzene content of gasoline, adjust a given test result upward in certain circumstances, as follows: (1) If your test method involves a published procedure with a Pooled Limit of Quantitation (PLOQ), treat the PLOQ as your final result if your measured result is below the PLOQ. (2) If your test method involves a published procedure with a limited scope but no PLOQ, treat the lower bound of the scope as your final result if your measured result is less than that value. (3) If you establish a Laboratory Limit of Quantitation (LLOQ) below the lower bound of the scope of the procedure as specified in ASTM D6259 (incorporated by reference in § 1090.95), treat the LLOQ as your final result if your measured result is less than the LLOQ. Note that this option is meaningful only if the LLOQ is less than a published PLOQ, or if there is no published PLOQ. (c) For measuring the sulfur content of ULSD at a downstream location, subtract 2 ppm from the result. (d) For measuring the benzene content of butane and pentane, report a zero value if the test result is at or below the PLOQ or Limit of Detection (LOD) that applies for the test method. (e) If measured content of any oxygenate compound is less than 0.20 percent by mass, record the result as “None detected.” | |||
| 40:40:37.0.1.1.7.14.48.13 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1360 Performance-based Measurement System. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4361, Jan. 15, 2025] | (a) The Performance-based Measurement System (PBMS) is an approach that allows for laboratory testing with any procedure that meets specified performance criteria. This subpart specifies the performance criteria for measuring certain fuel parameters to demonstrate compliance with the standards and other specifications of this part. These provisions do not apply to process stream analyzers used with in-line blending. (b) Different requirements apply for absolute fuel parameters and method-defined fuel parameters. (1) Absolute fuel parameters are those for which it is possible to evaluate measurement accuracy by comparing measured values of a test sample to a reference sample with a known value for the measured parameter. The following are absolute fuel parameters: (i) Sulfur. (ii) [Reserved] (2) Method-defined fuel parameters are all those that are not absolute fuel parameters. Additional test provisions apply for method-defined fuel parameters under this section because there is no reference sample for evaluating measurement accuracy. (c) The performance criteria of this section apply as follows: (1) Section 1090.1365 specifies the initial qualifying criteria for all measurement procedures. You may use an alternative procedure only if testing shows that you meet the initial qualifying criteria. (2) Section 1090.1375 specifies ongoing quality testing requirements that apply for a laboratory that uses either referee procedures or alternative procedures. (3) Streamlined requirements for alternative procedures apply for procedures adopted by a voluntary consensus standards body (VCSB). Certification testing with non-VCSB procedures requires advance approval by EPA. Procedures are considered non-VCSB testing as follows: (i) Procedures developed by individual companies or other parties are considered non-VCSB procedures. (ii) Draft procedures under development by a VCSB organization are considered non-VCSB procedures until they are approved for publication. (iii) A published procedure is considered non-VCSB… | |||
| 40:40:37.0.1.1.7.14.48.14 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1365 Qualifying criteria for alternative measurement procedures. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4361, Jan. 15, 2025] | This section specifies how to qualify alternative procedures for measuring absolute and method-defined fuel parameters under the Performance-based Measurement System specified in § 1090.1360. (a) The following general provisions apply for qualifying alternative procedures: (1) Alternative procedures must have appropriate precision to allow for reporting to the number of decimal places specified in § 1090.1350(c). (2) Testing to qualify an alternative procedure applies for the specified version of the procedure you use for making the necessary measurements. For referee procedures and for alternative procedures for method-defined fuel parameters that you have qualified for your laboratory, updated versions of those same procedures are qualified without further testing, as long as the specified reproducibility is the same as or better than the values specified in the earlier version. For absolute fuel parameters, updated versions are qualified without testing if both repeatability and reproducibility are the same as or better than the values specified in the earlier version. (3) Except as specified in paragraph (d) of this section, testing to demonstrate compliance with the precision and accuracy specifications in this section apply only for the laboratory where the testing occurred. At a given laboratory, qualifying a test method applies for all associated instruments used for testing to certify fuel. (4) If a procedure for measuring benzene or sulfur in gasoline has no published PLOQ and no published scope with a lower bound, you must establish a LLOQ. (5) Testing for method-defined fuel parameters must take place at a reference installation as specified in § 1090.1370. (b) All alternative procedures must meet precision criteria based on a calculated maximum allowable standard deviation for a given fuel parameter as specified in this paragraph (b). The precision criteria apply for measuring the parameters and fuels specified in paragraph (b)(4) of this section. Take the following steps to qualify the measur… | |||
| 40:40:37.0.1.1.7.14.48.15 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1370 Qualifying criteria for reference installations. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4363, Jan. 15, 2025] | (a) A reference installation refers to a laboratory that uses the referee procedure specified in § 1090.1360(d) to evaluate the accuracy of alternative procedures for method-defined parameters, by comparing measured values to companion tests using one of the referee procedures in § 1090.1360(d). This evaluation may result in an equation to correlate results between the two procedures. Once a laboratory qualifies as a reference installation, that qualification is valid for five years from the qualifying date, consistent with good laboratory practices. (b) You may qualify a reference installation for VCSB procedures by participating in an inter-laboratory crosscheck program with at least 16 separate measurements that are not identified as outliers. This presumes that the results for the candidate reference installation are not outliers. (c) You may qualify a reference installation for VCSB or non-VCSB procedures based on the following measurement protocol: (1) Use the precision testing procedure specified in § 1090.1365(b) to show that your standard deviation for tests using the reference test method is at or below 0.3 times the reproducibility for a given fuel parameter. (2) You must correlate your test results for a given fuel parameter against the accepted reference values from a monthly crosscheck program based on Section 6.2.2.1 and Note 7 of ASTM D6299 (incorporated by reference in § 1090.95) as follows: (i) If there are multiple fuels available from the crosscheck program, select the fuel that has the closest value to the standard. If there is no standard for a given fuel parameter, select the fuel with values for the fuel parameter that best represent typical values for fuels you test. (ii) Measure the fuel parameter for the crosscheck fuel at your laboratory using the appropriate referee procedure. Calculate a mean value that includes all your repeat measurements. (iii) Determine the mean value from the crosscheck program and calculate the difference between this value and the mean value from your t… | |||
| 40:40:37.0.1.1.7.14.48.16 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1375 Quality control procedures. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4363, Jan. 15, 2025] | This section specifies ongoing quality testing requirements as part of the Performance-based Measurement System specified in § 1090.1360. (a) General provisions. You must perform testing to show that your laboratory meets specified precision and accuracy criteria as follows: (1) The testing requirement applies for the referee procedures in § 1090.1360(d) and for alternate procedures that are qualified or approved under § 1090.1365. The testing requirements apply separately for each test instrument at each laboratory. (2) If you fail to conduct specified testing, your test instrument is not qualified for measuring fuel parameters to demonstrate compliance with the standards and other specifications of this part until you perform this testing. Similarly, if your test instrument fails to meet the specified criteria, it is not qualified for measuring fuel parameters to demonstrate compliance with the standards and other specifications of this part until you make the necessary changes to your test instrument and perform testing to show that the test instrument again meets the specified criteria. (3) If you perform major maintenance such as overhauling an instrument, confirm that the instrument still meets precision and accuracy criteria before you start testing again based on the procedures specified in ASTM D6299 (incorporated by reference in § 1090.95). (4) Keep records to document any test results excluded for being out of control under Section 8.5 and A1.5.4.1 of ASTM D6299. Identify the assignable cause and include any appropriate additional supporting justification. (5) Keep records to document your testing under this section for 5 years. (b) Precision demonstration. Show that you meet precision criteria as follows: (1) Meeting the precision criteria of this paragraph (b) qualifies your test instrument for performing up to 20 tests or 7 days, whichever is less. Include all tests except for testing to meet precision or accuracy requirements. (2) Perform precision testing using the control-chart proce… | |||
| 40:40:37.0.1.1.7.14.49.17 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1390 Requirement for automated detergent blending equipment calibration. | EPA | (a) An automated detergent blending facility must calibrate their automated detergent blending equipment once in each calendar half-year, with the acceptable calibrations being no less than 120 days apart. (b) 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. Calibrating after changing the detergent package may be used to satisfy the semiannual recalibration requirement in paragraph (a) of this section, provided that the calibrations occur in the appropriate calendar half-year and are no less than 120 days apart. | ||||
| 40:40:37.0.1.1.7.14.49.18 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | N | Subpart N—Sampling, Testing, and Retention | § 1090.1395 Gasoline deposit control test procedures. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4364, Jan. 15, 2025] | A gasoline detergent manufacturer must perform testing using one of the methods specified in this section to establish the lowest additive concentration (LAC) for the detergent. (a) Top Tier-based test method. Use the procedures specified in ASTM D6201 (incorporated by reference, see § 1090.95), as follows: (1) Use a base fuel that conforms to the specifications for gasoline-alcohol blends in ASTM D4814 (incorporated by reference in § 1090.95). Blendstocks used to formulate the test fuel must be derived from conversion units downstream of distillation, with all processes representing normal fuel manufacturing facility operations. Blendstocks must not come from chemical grade streams. Butane and pentane may be added to adjust vapor pressure. The base fuel should include any nondetergent additives typical of commercially available fuel if they may positively or negatively affect deposit formation. In addition, the base fuel must have the following properties: (i) 8.0-10.0 volume percent ethanol that meets the requirements in § 1090.270 and conforms to the specifications of ASTM D4806 (incorporated by reference, see § 1090.95). (ii) At least 8.0 volume percent olefins. (iii) At least 15 volume percent aromatics. (iv) No more than 80 ppm sulfur. (v) T90 distillation temperature at or above 143 °C. (vi) No detergent-active substance. A base fuel with typical nondetergent additives, such as antioxidants, corrosion inhibitors, and metal deactivators, may be used. (2) Perform the 100-hour test for intake valve deposits with the base fuel to demonstrate that the intake valves accumulate at least 500 mg on average. If the test engine fails to accumulate enough deposits, make any necessary adjustments and repeat the test. This demonstration is valid for any further detergent testing with the same base fuel. (3) Repeat the test on the same engine with a specific concentration of detergent added to the base fuel. If the test results in less than 50 mg average per intake valve, the tested detergent concentration is… | |||
| 40:40:37.0.1.1.7.15.50.1 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | O | Subpart O—Survey Provisions | § 1090.1400 General provisions. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4364, Jan. 15, 2025] | (a) Program plan approval process. (1) A program plan that complies with the requirements in § 1090.1415 or § 1090.1450 must be submitted to EPA no later than October 15 of the year preceding the calendar year in which the program will be conducted. (2) The program plan must be signed by the RCO of the independent surveyor conducting the program. (3) The program plan must be submitted as specified in § 1090.10. (4) EPA will send a letter to the party submitting the program plan that indicates whether EPA approves or disapproves the plan. (b) Independent surveyor contract. (1) No later than December 15 of the year preceding the year in which the survey will be conducted, the contract with the independent surveyor must be in effect, and the amount of compensation necessary to carry out the entire survey plan must either be paid to the independent surveyor or placed into an escrow account with instructions to the escrow agent to remit the compensation to the independent surveyor during the course of the survey plan. (2) No later than December 31 of the year preceding the year in which the survey will be conducted, EPA must receive a copy of the contract with the independent surveyor and proof that the compensation necessary to carry out the survey plan has either been paid to the independent surveyor or placed into an escrow account. If placed into an escrow account, a copy of the escrow agreement must be sent to EPA. | |||
| 40:40:37.0.1.1.7.15.50.2 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | O | Subpart O—Survey Provisions | § 1090.1405 National fuels survey program. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4364, Jan. 15, 2025] | (a) Program participation. (1) A gasoline manufacturer that elects to account for oxygenate added downstream under § 1090.710 must participate in the national fuels survey program (NFSP) specified in paragraph (b) of this section. (2) A party required to participate in an E15 survey under § 1090.1420(a) must participate in the NFSP specified in paragraph (b) of this section or a survey program approved by EPA under § 1090.1420(b) or (c). (3) Other parties may elect to participate in the NFSP for purposes of establishing an affirmative defense against violations of requirements and provisions under this part as specified in § 1090.1720. (b) Program requirements. The NFSP must meet all the following requirements: (1) The survey program must be planned and conducted by an independent surveyor that meets the independence requirements in § 1090.55 and the requirements specified in § 1090.1410. (2) The survey program must be conducted by collecting samples representative of retail outlets in the United States as specified in § 1090.1415. | |||
| 40:40:37.0.1.1.7.15.50.3 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | O | Subpart O—Survey Provisions | § 1090.1410 Independent surveyor requirements. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4364, Jan. 15, 2025] | The independent surveyor conducting the NFSP must meet all the following requirements: (a) Submit a proposed survey program plan under § 1090.1415 to EPA for approval for each calendar year. (b)(1) Obtain samples representative of the gasoline and diesel fuel (including diesel fuel made available at retail outlets to nonroad vehicles, engines, and equipment) offered for sale separately from all retail outlets in accordance with the survey program plan approved by EPA, or immediately notify EPA of any refusal of a retailer to allow samples to be taken. (2) Obtain the number of samples representative of the number of retail outlets offering E15. (3) Collect samples of gasoline produced at blender pump using “method 1” specified in NIST Handbook 158 (incorporated by reference, see § 1090.95). All other samples of gasoline and diesel fuel must be collected using the methods specified in subpart N of this part. (4) Samples must be shipped via ground service to an EPA-approved laboratory within 2 business days of being collected. (c) Test, or arrange to be tested, the collected samples, as follows: (1) Gasoline samples must be analyzed for oxygenate content, sulfur content, and benzene content. Gasoline samples collected from June 1 through September 15 must also be analyzed for RVP. (2) A subset of gasoline samples, as determined under § 1090.1415(e)(3), must also be analyzed for aromatics content, olefins content, and distillation parameters. (3) Diesel fuel samples must be analyzed for sulfur content. (4) All samples must be tested by an EPA-approved laboratory using the test methods specified in subpart N of this part. (5) All testing must be completed by an EPA-approved laboratory within 10 business days after receipt of the sample. (d) Verify E15 labeling requirements at retail outlets that offer E15 for sale. (e)(1) Using procedures specified in an EPA-approved plan under § 1090.1415, notify EPA, the retailer, and the branded fuel manufacturer (if applicable) within 24 hours after an EPA-approved la… | |||
| 40:40:37.0.1.1.7.15.50.4 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | O | Subpart O—Survey Provisions | § 1090.1415 Survey program plan design requirements. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4364, Jan. 15, 2025] | The survey program plan must include all the following: (a) Number of surveys. The survey program plan must include 4 surveys each calendar year that occur during the following time periods: (1) One survey during the period of January 1 through March 31. (2) One survey during the period of April 1 through June 30. (3) One survey during the period of July 1 through September 30. (4) One survey during the period of October 1 through December 31. (b) Sampling areas. The survey program plan must include sampling in all sampling strata during each survey. These sampling strata must be further divided into discrete sampling areas or clusters. Each survey must include sampling in at least 40 sampling areas in each stratum that are randomly selected. (c) No advance notice of surveys. The survey program plan must include procedures to keep the identification of the sampling areas that are included in the plan confidential from any participating party prior to the beginning of a survey in an area. However, this information must not be kept confidential from EPA. (d) Retail outlet selection. (1) Retail outlets to be sampled in a sampling area must be selected from among all gasoline retail outlets in the United States with the probability of selection proportionate to the volume of gasoline sold at the retail outlet. The sample of retail outlets must also include gasoline retail outlets with different brand names as well as those gasoline retail outlets that are unbranded. (2) For any retail outlet from which a sample of gasoline or diesel fuel was collected during a survey and was reported to EPA under § 1090.1410(e), that retail outlet must be included in the subsequent survey. (3) At least one sample of a product dispensed as E15 must be collected at each gasoline retail outlet when E15 is present, and separate samples must be taken that represent the gasoline contained in each storage tank at the gasoline retail outlet unless collection of separate samples is not practicable. (4) At least one sample o… | |||
| 40:40:37.0.1.1.7.15.50.5 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | O | Subpart O—Survey Provisions | § 1090.1420 Additional requirements for E15 misfueling mitigation surveying. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4365, Jan. 15, 2025] | (a) E15 misfueling mitigation survey requirement. (1) Any gasoline manufacturer, oxygenate blender, or oxygenate producer that produces, introduces into commerce, sells, or offers for sale gasoline, BOB, DFE, or gasoline-ethanol blended fuel that is intended for use in or as E15 must comply with either survey program Option 1 (as specified in paragraph (b) of this section) or Option 2 (as specified in paragraph (c) of this section). (2) For an oxygenate producer that produces or imports DFE, the DFE is deemed as intended for use in E15 unless the oxygenate producer demonstrates that it was not intended for such use. The oxygenate producer may demonstrate, at a minimum, that DFE is not intended for use in E15 by including language on PTDs stating that the DFE is not intended for use in E15, entering into contracts with oxygenate blenders to limit the use of their DFE to gasoline-ethanol blended fuels of no more than 10 volume percent ethanol, and limiting the concentration of their DFE to no more than 10 volume percent ethanol in their fuel additive registration under 40 CFR part 79. (b) Survey Option 1. The gasoline manufacturer, oxygenate blender, or oxygenate producer must properly conduct a survey program in accordance with a survey program plan that has been approved by EPA in all areas that may be reasonably expected to be supplied with their gasoline, BOB, DFE, or gasoline-ethanol blended fuel. Such approval must be based on a survey program plan that meets all the following requirements: (1) The survey program must consist of at least quarterly surveys that occur during the following time periods in every year during which the gasoline manufacturer, oxygenate blender, or oxygenate producer introduces E15 into commerce: (i) One survey during the period of January 1 through March 31. (ii) One survey during the period of April 1 through June 30. (iii) One survey during the period of July 1 through September 30. (iv) One survey during the period of October 1 through December 31. (2) The survey prog… | |||
| 40:40:37.0.1.1.7.15.50.6 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | O | Subpart O—Survey Provisions | § 1090.1450 National sampling and testing oversight program. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4365, Jan. 15, 2025] | (a) Program participation. (1) Except for a gasoline manufacturer that has an approved in-line blending waiver under § 1090.1315 that covers all gasoline produced at their facility, a gasoline manufacturer that elects to account for oxygenate added downstream under § 1090.710 must participate in the national sampling and testing oversight program (NSTOP) in this section. (2) Other gasoline manufacturers may elect to participate in the NSTOP for purposes of establishing an affirmative defense to a violation under § 1090.1720. A gasoline manufacturer that has an approved in-line blending waiver under § 1090.1315 does not need to participate in the NSTOP in order to establish an affirmative defense to a violation under § 1090.1720. (3) A gasoline manufacturer that elects to participate in the NSTOP must test, or arrange to be tested, samples collected from their gasoline manufacturing facilities as specified in paragraph (c)(2) of this section and report results to the independent surveyor within 10 business days of the date that the sample was collected. (b) Program requirements. The NSTOP must meet all the following requirements: (1) The NSTOP must be planned and conducted by an independent surveyor that meets the independence requirements in § 1090.55 and the requirements of paragraph (c) of this section. (2) The NSTOP must be conducted at each gasoline manufacturing facility from all participating gasoline manufacturers. (c) Independent surveyor requirements. The independent surveyor conducting the NSTOP must meet all the following requirements: (1) Submit a proposed NSTOP plan that meets the requirements of paragraph (d) of this section to EPA for approval each calendar year. (2)(i) Obtain at least one sample representing summer gasoline and one sample representing winter gasoline for each participating gasoline manufacturing facility. If the fuel manufacturer only produces fuel during either the summer or winter season, obtain at least one sample during the season that the fuel manufacturer produ… | |||
| 40:40:37.0.1.1.7.16.50.1 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | P | Subpart P—Retailer and Wholesale Purchaser-Consumer Provisions | § 1090.1500 Overview. | EPA | (a) A retailer or WPC must comply with the labeling requirements in §§ 1090.1510 and 1090.1515, as applicable, and the refueling hardware requirements in §§ 1090.1550 through 1090.1565, as applicable. (b) An alternative label design to those specified in this subpart may be used if the design is approved by EPA prior to use and meets all the following requirements: (1) The alternative label must be similar in substance and appearance to the EPA-required label. (2) The alternative label must contain the same informational elements as the EPA-required label. (3) The alternative label must be submitted as specified in § 1090.10. | ||||
| 40:40:37.0.1.1.7.16.50.2 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | P | Subpart P—Retailer and Wholesale Purchaser-Consumer Provisions | § 1090.1510 E15 labeling provisions. | EPA | Any retailer or WPC dispensing E15 must apply a label to the fuel dispenser as follows: (a) Position the label to clearly identify which control the consumer will use to select E15. If the dispenser is set up to dispense E15 without the consumer taking action to select the fuel, position the label on a vertical surface in a prominent place, approximately at eye level. (b) Figure 1 of this paragraph shows the required content and formatting. Use black letters on an orange background for the lower portion and the diagonal “Attention” field and use orange letters on a black background for the rest of the upper portion. Font size is shown in Figure 1. Set vertical position and line spacing as appropriate for each field. Dimensions are nominal values. | ||||
| 40:40:37.0.1.1.7.16.50.3 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | P | Subpart P—Retailer and Wholesale Purchaser-Consumer Provisions | § 1090.1515 Diesel fuel sulfur labeling provisions. | EPA | A retailer or WPC dispensing heating oil, 500 ppm LM diesel fuel, or ECA marine fuel must apply labels to fuel dispensers as follows: (a) Labels must be in a prominent location where the consumer will select or dispense either the corresponding fuel or heating oil. The label content must be in block letters of no less than 24-point bold type, printed in a color contrasting with the background. (b) Labels must include the following statements, or equivalent alternative statements approved by EPA: (1) For dispensing heating oil along with any kind of diesel fuel for any kind of engine, vehicle, or equipment, apply the following label: Federal law prohibits use in highway vehicles or engines, or in nonroad, locomotive, or marine diesel engines. Its use may damage these diesel engines. (2) For dispensing 500 ppm LM diesel fuel, apply the following label: Federal law prohibits use in nonroad engines or in highway vehicles or engines. (3) For dispensing ECA marine fuel, apply the following label: For use in Category 3 (C3) marine vessels only. Federal law prohibits use in any engine that is not installed in a C3 marine vessel; use of fuel oil with a sulfur content greater than 1,000 ppm in an ECA is prohibited except as allowed by 40 CFR part 1043. Note: If a pump dispensing 500 ppm LM diesel fuel is labeled with the “LOW SULFUR LOCOMOTIVE AND MARINE DIESEL FUEL (500 ppm Sulfur Maximum)” label, the retailer or WPC does not need to replace this label. | ||||
| 40:40:37.0.1.1.7.16.51.4 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | P | Subpart P—Retailer and Wholesale Purchaser-Consumer Provisions | § 1090.1550 Requirements for gasoline dispensing nozzles used with motor vehicles. | EPA | [88 FR 4718, Jan. 24, 2023] | The following requirements apply for any nozzle installation used for dispensing gasoline into motor vehicles: (a) Nozzles must meet the following hardware specifications: (1) The outside diameter of the terminal end must not be greater than 21.3 mm. (2) The terminal end must have a straight section of at least 63 mm. (3) The retaining spring must terminate at least 76 mm from the terminal end. (b) The dispensing flow rate must not exceed a maximum value of 10 gallons per minute. The flow rate may be controlled through any means in the pump/dispenser system, as long as it does not exceed the specified maximum value. | |||
| 40:40:37.0.1.1.7.16.51.5 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | P | Subpart P—Retailer and Wholesale Purchaser-Consumer Provisions | § 1090.1555 Requirements for gasoline dispensing nozzles used primarily with marine vessels. | EPA | The refueling hardware specifications of this section apply for any nozzle installation used primarily for dispensing gasoline into marine vessels. Note that nozzles meeting these specifications also meet the specifications of § 1090.1550(a). (a) The outside diameter of the terminal end must have a diameter of 20.93 ± 00.43 mm. (b) The spout must include an aspirator hole for automatic shutoff positioned with a center that is 17.0 ± 01.3 mm from the terminal end of the spout. (c) The terminal end must have a straight section of at least 63.4 mm with no holes or grooves other than the aspirator hole. (d) The retaining spring (if applicable) must terminate at least 76 mm from the terminal end. | ||||
| 40:40:37.0.1.1.7.16.51.6 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | P | Subpart P—Retailer and Wholesale Purchaser-Consumer Provisions | § 1090.1560 Requirements related to dispensing natural gas. | EPA | (a) Except for pumps dedicated to heavy-duty vehicles, any pump installation used for dispensing natural gas into motor vehicles must have a nozzle and hose configuration that vents no more than 1.2 grams of natural gas during a complete refueling event for a vehicle that meets the requirements of 40 CFR 86.1813-17(f)(1). (b) Determine the amount of natural gas vented using calculations based on the geometric shape of the nozzle and hose. | ||||
| 40:40:37.0.1.1.7.16.51.7 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | P | Subpart P—Retailer and Wholesale Purchaser-Consumer Provisions | § 1090.1565 Requirements related to dispensing liquefied petroleum gas. | EPA | (a) Except for pumps dedicated to heavy-duty vehicles, any pump installation used for dispensing liquefied petroleum gas into motor vehicles must have a nozzle that has no greater than 2.0 cm 3 dead space from which liquefied petroleum gas will be released when the nozzle disconnects from the vehicle. (b) Determine the volume of the nozzle cavity using calculations based on the geometric shape of the nozzle, with an assumed flat surface where the nozzle face seals against the vehicle. | ||||
| 40:40:37.0.1.1.7.17.52.1 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | Q | Subpart Q—Importer and Exporter Provisions | § 1090.1600 General provisions for importers. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4366, Jan. 15, 2025] | (a) This subpart contains provisions that apply to any person who imports fuel, fuel additive, or regulated blendstock. (b)(1) Except as specified in paragraph (b)(2) of this section, all applicable standards in subparts C and D of this part apply to imported gasoline and diesel fuel, respectively. (2) An importer that imports gasoline at multiple import facilities must comply with the gasoline average standards in §§ 1090.205(a) and 1090.210(a) as specified in § 1090.705(b), unless the importer complies with the provisions of § 1090.1610 to meet the alternative per-gallon standards for rail or truck imports specified in §§ 1090.205(d) and 1090.210(c). (c) An importer must separately comply with any applicable certification or other requirements for U.S. Customs. (d) Alternative testing requirements for an importer that imports fuel, fuel additive, or regulated blendstock by rail or truck are specified in § 1090.1610. | |||
| 40:40:37.0.1.1.7.17.52.2 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | Q | Subpart Q—Importer and Exporter Provisions | § 1090.1605 Importation by marine vessel. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4366, Jan. 15, 2025] | An importer that imports fuel, fuel additive, or regulated blendstock using a marine vessel must comply with the requirements of this section. (a) The importer must certify each fuel, fuel additive, or regulated blendstock imported at each port, unless the fuel is certified at the first port of entry in the United States and then transported by the same vessel to subsequent ports without picking up additional fuel. (b) Except as specified in paragraph (d) of this section, the importer must certify each fuel, fuel additive, or regulated blendstock while it is on-board the vessel used to transport it to the United States. Certification sampling must be performed after the vessel's arrival at the port where the fuel, fuel additive, or regulated blendstock will be offloaded. (1) The importer must sample each compartment of the vessel and use one of the following methods to meet testing requirements: (i) Treat each compartment as a separate batch. Each individual compartment is deemed to meet the homogeneity requirements in § 1090.1337. (ii) For summer gasoline, measure the RVP of a sample collected from each compartment. In the case of blending oxygenate with imported gasoline, collect samples and measure RVP before or after blending as described in § 1090.1310(c)(1) and (2). For testing all other products, combine samples from separate compartments into a single, vessel-volumetric composite sample using the procedures in Section 9.2.4 of ASTM D4057 (incorporated by reference, see § 1090.95). Test results from the composite sample are valid only if single samples collected from each affected compartment together meet the homogeneity requirements in § 1090.1337. (2) The importer must ensure that all applicable per-gallon standards are met before offloading the fuel, fuel additive, or regulated blendstock. (3) The importer must not rely on testing conducted by a foreign supplier. (c) Once the fuel, fuel additive, or regulated blendstock on a vessel has been certified under paragraph (b) of this section, it may … | |||
| 40:40:37.0.1.1.7.17.52.3 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | Q | Subpart Q—Importer and Exporter Provisions | § 1090.1610 Importation by rail or truck. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4366, Jan. 15, 2025] | (a) An importer that imports fuel, fuel additive, or regulated blendstock by rail or truck must meet the sampling and testing requirements of subpart N of this part by sampling and testing each compartment of the railcar or truck unless they do one of the following: (1) Use supplier results. The importer may rely on test results from the supplier for fuel, fuel additive, or regulated blendstock imported by rail or truck if the importer meets all the following requirements: (i) The importer obtains documentation of test results from the supplier for each batch of fuel, fuel additive, or regulated blendstock in accordance with the following requirements: (A) The testing includes measurements for all the parameters specified in § 1090.1310 using the measurement procedures specified in § 1090.1350. (B) Testing for a given batch occurs after the most recent delivery into the supplier's storage tank and before transferring the fuel, fuel additive, or regulated blendstock to the railcar or truck. (ii) The importer conducts testing to verify test results from each supplier as follows: (A) Collect a sample at least once every 30 days or every 50 rail or truckloads from a given supplier, whichever is more frequent. Test the sample as specified in paragraphs (a)(1)(i)(A) and (B) of this section. (B) Treat importation of each fuel, fuel additive, or regulated blendstock separately, but treat railcars or truckloads together if the fuel, fuel additive, or regulated blendstock is imported from a given supplier by rail or truck. (2) Certify in a storage tank. The importer may transfer the fuel, fuel additive, or regulated blendstock imported by rail or truck into storage tanks that also contain the same product if the importer meets the following requirements: (i) For gasoline, the importer transfers gasoline into one or more empty tanks or tanks containing PCG that the importer owns. (A) If the importer transfers gasoline into one or more empty tanks, they must sample and test the sulfur content, benzene content, … | |||
| 40:40:37.0.1.1.7.17.52.4 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | Q | Subpart Q—Importer and Exporter Provisions | § 1090.1615 Gasoline treated as a blendstock. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4367, Jan. 15, 2025] | (a) An importer may exclude GTAB from their compliance calculations if they meet all the following requirements: (1) The importer reports the GTAB to EPA under § 1090.905(c)(7). (2) The GTAB is treated as blendstock at a related gasoline manufacturing facility that produces gasoline using the GTAB. (3) The related gasoline manufacturing facility must report the gasoline produced using the GTAB and must include the gasoline produced using the GTAB in their compliance calculations. (b) After importation, the title of the GTAB must not be transferred to another party until the GTAB has been either certified as gasoline under subpart K of this part or used to produce gasoline that meets all applicable standards and requirements under this part. (c) The facility at which the GTAB is used to produce gasoline must be physically located at either the same terminal at which the GTAB first arrives in the United States, the import facility, or at a facility to which the GTAB is directly transported from the import facility. (d)(1) The importer must treat the GTAB as if it were imported gasoline and complete all the requirements for a gasoline manufacturer under § 1090.105(a) (except for the sampling, testing, and sample retention requirements in § 1090.105(a)(6)) for the GTAB at the time it is imported. (2) Any GTAB that ultimately is not used to produce gasoline ( e.g., a tank bottom of GTAB) must be treated as newly imported gasoline and must meet all applicable requirements for imported gasoline. | |||
| 40:40:37.0.1.1.7.17.52.5 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | Q | Subpart Q—Importer and Exporter Provisions | § 1090.1650 General provisions for exporters. | EPA | Except as specified in this section and in subpart G of this part, fuel produced, imported, distributed, or offered for sale in the United States is subject to the standards and requirements of this part. (a) Fuel designated for export by a fuel manufacturer is not subject to the standards in this part, provided all the requirements in § 1090.645 are met. (b) Fuel not designated for export may be exported without restriction. However, the fuel remains subject to the provisions of this part while in the United States. For example, fuel designated as ULSD must meet the applicable sulfur standards under this part even if it will later be exported. (c) Fuel that has been classified as American Goods Returned to the United States by the U.S. Customs Service under 19 CFR part 10 is not considered to be imported for purposes of this part, provided all the following requirements are met: (1) The fuel was produced at a fuel manufacturing facility located within the United States and has not been mixed with fuel produced at a fuel manufacturing facility located outside the United States. (2) The fuel must be included in compliance calculations by the producing fuel manufacturer. (3) All the fuel that was exported must ultimately be classified as American Goods Returned to the United States and none may be used in a foreign country. (4) No fuel classified as American Goods Returned to the United States may be combined with any fuel produced at a foreign fuel manufacturing facility prior to reentry into the United States. | ||||
| 40:40:37.0.1.1.7.18.52.1 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | R | Subpart R—Compliance and Enforcement Provisions | § 1090.1700 Prohibited acts. | EPA | (a) No person may violate any prohibited act in this part or fail to meet a requirement that applies to that person under this part. (b) No person may cause another person to commit an act in violation of this part. | ||||
| 40:40:37.0.1.1.7.18.52.2 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | R | Subpart R—Compliance and Enforcement Provisions | § 1090.1705 Evidence related to violations. | EPA | (a)(1) EPA may use results from any testing required under this part to determine whether a given fuel, fuel additive, or regulated blendstock meets any applicable standard. However, EPA may also use any other evidence or information to make this determination if the evidence or information supports the conclusion that the fuel, fuel additive, or regulated blendstock would fail to meet one or more of the parameter specifications in this part if the appropriate sampling and testing methodology had been correctly performed. Examples of other relevant information include business records, commercial documents, and measurements with alternative procedures. (2) Testing to determine noncompliance with this part may occur at any location and be performed by any party. (b) Determinations of compliance with the requirements of this part other than the fuel, fuel additive, or regulated blendstock standards, and determinations of liability for any violation of this part, may be based on information from any source or location. Such information may include, but is not limited to, business records and commercial documents. | ||||
| 40:40:37.0.1.1.7.18.52.3 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | R | Subpart R—Compliance and Enforcement Provisions | § 1090.1710 Penalties. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4367, Jan. 15, 2025] | (a) Any person liable for a violation under this part is subject to civil penalties as specified in 42 U.S.C. 7524 and 7545 for each day of such violation and the amount of economic benefit or savings resulting from the violation. (b)(1) Any person liable for the violation of an average standard under this part is subject to a separate day of violation for each day in the compliance period. (2) Any person liable under this part for a failure to fulfill any requirement for credit generation, transfer, use, banking, or deficit correction is subject to a separate day of violation for each day in any compliance period in which invalid credits are generated, transferred, used, or made available for use. (c)(1) Any person liable under this part for a violation of a per-gallon standard, or for causing another party to violate a per-gallon standard, is subject to a separate day of violation for each day the non-complying fuel, fuel additive, or regulated blendstock remains any place in the distribution system. (2) For the purposes of paragraph (c)(1) of this section, the length of time the fuel, fuel additive, or regulated blendstock that violates a per-gallon standard remained in the distribution system is deemed to be 25 days, unless a person subject to liability or EPA demonstrates by reasonably specific showings, by direct or circumstantial evidence, that the non-complying fuel, fuel additive, or regulated blendstock remained in the distribution system for fewer than or more than 25 days. (d) Any person liable for failure to meet, or causing a failure to meet, any other provision of this part is liable for a separate day of violation for each day such provision remains unfulfilled. (e) Failure to meet separate requirements of this part count as separate violations. (f) Violation of any misfueling prohibition under this part counts as a separate violation for each day the noncompliant fuel, fuel additive, or regulated blendstock remains in any engine, vehicle, or equipment. (g) The presumed fuel parameter valu… | |||
| 40:40:37.0.1.1.7.18.52.4 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | R | Subpart R—Compliance and Enforcement Provisions | § 1090.1715 Liability provisions. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4367, Jan. 15, 2025] | (a) Any person who violates any prohibited act or requirement in this part is liable for the violation. (b) Any person who causes someone to commit a prohibited act under this subpart is liable for violating that prohibition. (c) Any parent corporation is liable for any violation committed by any of its wholly owned subsidiaries. (d) Each partner to a joint venture, or each owner of a facility owned by two or more owners, is jointly and severally liable for any violation of this subpart that occurs at the joint venture facility or facility owned by the joint owners, or any violation of this part that is committed by the joint venture operation or any of the joint owners of the facility. (e)(1) Any person who produced, imported, sold, offered for sale, dispensed, supplied, offered for supply, stored, transported, caused the transportation or storage of, or introduced into commerce fuel, fuel additive, or regulated blendstock that is in the storage tank containing fuel, fuel additive, or regulated blendstock that is found to be in violation of a per-gallon standard is liable for the violation. (2) In order for a carrier to be liable under paragraph (e)(1) of this section, EPA must demonstrate by reasonably specific showing, by direct or circumstantial evidence, that the carrier caused the violation. (f) If a fuel manufacturer's corporate, trade, or brand name is displayed at a facility where a violation occurs, the fuel manufacturer is liable for the violation. This also applies where the displayed corporate, trade, or brand name is from the fuel manufacturer's marketing subsidiary. | |||
| 40:40:37.0.1.1.7.18.52.5 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | R | Subpart R—Compliance and Enforcement Provisions | § 1090.1720 Affirmative defense provisions. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 89 FR 14775, Feb. 29, 2024] | (a) Any person liable for a violation under § 1090.1715(e) or (f) will not be deemed in violation if the person demonstrates all the following: (1) The violation was not caused by the person or the person's employee or agent. (2) If PTD requirements of this part apply, the PTDs account for the fuel, fuel additive, or regulated blendstock found to be in violation and indicate that the violating fuel, fuel additive, or regulated blendstock was in compliance with the applicable requirements while in that person's control. (3) The person conducted a quality assurance program, as specified in paragraph (d) of this section. (i) A carrier may rely on the quality assurance program carried out by another party, including the party that owns the fuel in question, provided that the quality assurance program is carried out properly. (ii) A retailer or WPC is not required to conduct sampling and testing of fuel as part of their quality assurance program. (b) For a violation found at a facility operating under the corporate, trade, or brand name of a fuel manufacturer, or a fuel manufacturer's marketing subsidiary, the fuel manufacturer must show, in addition to the defense elements required under paragraph (a) of this section, that the violation was caused by one of the following: (1) An act in violation of law (other than the Clean Air Act or this part), or an act of sabotage or vandalism. (2) The action of any retailer, distributor, reseller, oxygenate blender, carrier, retailer, or WPC in violation of a contractual agreement between the branded fuel manufacturer and the person designed to prevent such action, and despite periodic sampling and testing by the branded fuel manufacturer to ensure compliance with such contractual obligation. (3) The action of any carrier or other distributor not subject to a contract with the fuel manufacturer, but engaged for transportation of fuel, fuel additive, or regulated blendstock despite specifications or inspections of procedures and equipment that are reasonably calculated t… | |||
| 40:40:37.0.1.1.7.19.52.1 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | S | Subpart S—Attestation Engagements | § 1090.1800 General provisions. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4367, Jan. 15, 2025] | (a) The following parties must arrange for attestation engagement using agreed-upon procedures as specified in this subpart: (1) A gasoline manufacturer that produces or imports gasoline subject to the requirements of subpart C of this part. (2) A gasoline manufacturer that performs testing as specified in subpart N of this part or that relies on testing from a third-party laboratory. (3) A gasoline manufacturer that transacts sulfur or benzene credits under this part. (b) An auditor performing attestation engagements must meet the following requirements: (1) The auditor must meet one of the following professional qualifications: (i) The auditor may be an internal auditor that is employed by the fuel manufacturer and certified by the Institute of Internal Auditors. Such an auditor must perform the attestation engagement in accordance with the International Standards for the Professional Practice of Internal Auditing (Standards) (incorporated by reference in § 1090.95). (ii) The auditor may be a certified public accountant, or firm of such accountants, that is independent of the gasoline manufacturer. Such an auditor must comply with the AICPA Code of Professional Conduct, including its independence requirements, the AICPA Statements on Quality Control Standards (SQCS) No. 8, A Firm's System of Quality Control, the AICPA Statement on Quality Management Standards (SQMS) No. 1, No. 2, and No. 3 (all incorporated by reference, see § 1090.95), and applicable rules of state boards of public accountancy. Such an auditor must also perform the attestation engagement in accordance with the AICPA Statement on Standards for Attestation Engagements (SSAE) No. 19, Agreed-Upon Procedures Engagements, especially as noted in sections AT-C 105, 215, and 315 (incorporated by reference, see § 1090.95). (2) The auditor must meet the independence requirements in § 1090.55. (3) The auditor must be registered with EPA under subpart I of this part. (4) Any auditor suspended or debarred under 2 CFR part 1532 or 48 CFR … | |||
| 40:40:37.0.1.1.7.19.52.10 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | S | Subpart S—Attestation Engagements | § 1090.1845 Procedures related to meeting performance-based measurement and statistical quality control for test methods. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4372, Jan. 15, 2025] | (a) General provisions. (1) In addition to any other procedure required under this subpart, an auditor must perform the procedures specified in this section for a gasoline manufacturer. (2) The auditor performing the procedures in this section must meet the laboratory experience requirements specified in § 1090.55(b)(2). (3) In cases where the auditor employs, contracts, or subcontracts an external specialist, all the requirements in § 1090.55 apply to the external specialist. The auditor is responsible for overseeing the work of the specialist, consistent with applicable professional standards specified in § 1090.1800. (4) In the case of quality control testing at a third-party laboratory, the auditor may perform a single attestation engagement on the third-party laboratory for multiple gasoline manufacturers if the auditor directly reviewed the information from the third-party laboratory. The third-party laboratory may also arrange for the auditor to perform a single attestation engagement on the third-party laboratory and make that available to gasoline manufacturers that have testing performed by the third-party laboratory. (b) Non-referee method qualification review. For each test method used to measure a gasoline parameter as specified in a report submitted under subpart J of this part that is not one of the referee procedures listed in § 1090.1360(d), the auditor must review the following: (1) Obtain supporting documentation showing that the laboratory has qualified the alternative test method by meeting the precision and accuracy criteria specified under § 1090.1365. (2) Report a list of the alternative test methods used. (3) Confirm that the gasoline manufacturer supplied the supporting documentation for each alternative test method and report any exceptions. (4) If the auditor has previously reviewed supporting documentation under this paragraph (b) for an alternative test method at the laboratory, the auditor does not have to review the supporting documentation again. (c) Reference instal… | |||
| 40:40:37.0.1.1.7.19.52.11 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | S | Subpart S—Attestation Engagements | § 1090.1850 Procedures related to in-line blending waivers. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4372, Jan. 15, 2025] | In addition to any other procedure required under this subpart, an auditor must perform the procedures specified in this section for a gasoline manufacturer that relies on an in-line blending waiver under § 1090.1315. (a)(1) Obtain a copy of the gasoline manufacturer's in-line blending waiver submission and EPA's approval letter. (2) Confirm that the sampling procedures and composite calculations conform to the specifications in § 1090.1315(a)(2). (3) Review the gasoline manufacturer's procedure for defining a batch for compliance purposes. Review available test data demonstrating that the test results from in-line blending correctly characterize the fuel parameters for the designated batch. (4) Confirm that the gasoline manufacturer corrected their operations because of previous audits, if applicable. (5) Confirm that the equipment and procedures have not materially changed from the gasoline manufacturer's in-line blending waiver. In cases of material change in equipment or procedure, confirm that the gasoline manufacturer updated their in-line blending waiver and report any exceptions. (6) Perform any additional procedures unique to the blending operation, as specified in the in-line blending waiver, and report any findings, variances, or exceptions, as applicable. (7) Confirm that the gasoline manufacturer has complied with all provisions related to their in-line blending waiver and report any exceptions. (b)(1) Obtain test data, including head, middle, and tail results, for each batch produced under the gasoline manufacturer's in-line blending waiver. (2) Review the alternative sampling plan to meet requirements to test head, middle, and tail samples for small batches under § 1090.1315(a)(9). (3) Report as a finding any instance where only a single sample was taken for a small batch involving more than 8 hours of blending or more than 1 million gallons of fuel. (4) Report as a finding any instance where two samples were unevenly distributed for a small batch or where only two samples were taken for… | |||
| 40:40:37.0.1.1.7.19.52.2 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | S | Subpart S—Attestation Engagements | § 1090.1805 Representative samples. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4367, Jan. 15, 2025] | (a) If the specified procedures require evaluation of a representative sample from the overall population for a given data set, determine the number of results for evaluation using one of the following methods: (1) Determine sample size using the following table: Table 1 to Paragraph ( a )(1)—Sample Size Determination (2) Determine sample size corresponding to a confidence level of 95 percent, an expected error rate of 0 percent, and a maximum tolerable error rate of 10 percent, using conventional statistical principles and methods. (3) Determine sample size using an alternate method that is equivalent to or better than the methods specified in paragraphs (a)(1) and (2) of this section with respect to strength of inference and freedom from bias. An auditor that determines a sample size using an alternate method must describe and justify the alternate method in the attestation engagement report. (b) Select specific data points for evaluation over the course of the compliance period in a way that leads to a simple random sample that properly represents the overall population for the data set. | |||
| 40:40:37.0.1.1.7.19.52.3 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | S | Subpart S—Attestation Engagements | § 1090.1810 General procedures for gasoline manufacturers. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4367, Jan. 15, 2025] | An auditor must perform the procedures specified in this section for a gasoline manufacturer that produces gasoline in the United States. (a) Registration and reports. An auditor must review registration and reports as follows: (1) Obtain copies of the gasoline manufacturer's registration information submitted under subpart I of this part and all reports (except batch reports) submitted by the gasoline manufacturer under subpart J of this part. (2) For each gasoline manufacturing facility, confirm that the facility's registration is accurate based on the activities reported during the compliance period, including that the registration for the facility and any related updates were completed prior to conducting regulated activities at the facility and report any discrepancies. (3) Confirm that the gasoline manufacturer submitted all reports required under subpart J of this part for activities they performed during the compliance period and report any exceptions. (4) Obtain a written statement from the gasoline manufacturer's RCO that the submitted reports are complete and accurate. (5) Report the name of any commercial computer program used to track any data required under this part. (b) Inventory reconciliation analysis. An auditor must review an inventory reconciliation analysis as follows: (1) Obtain an inventory reconciliation analysis from the gasoline manufacturer for each gasoline type produced at each facility ( e.g., RFG, CG, RBOB, CBOB), including the inventory at the beginning and end of the compliance period and inventory records ( e.g., receipts, production volumes, shipments, transfers, and gain/loss). (2) Foot and cross-foot the volumes by gasoline type. (3) Compare the beginning and ending inventory to the inventory records for each gasoline type and report any variances. (4) Report the total volume of each gasoline type. (c) Listing of gasoline tenders. An auditor must review a listing of gasoline tenders as follows: (1) Obtain a detailed listing of gasoline tenders from the ga… | |||
| 40:40:37.0.1.1.7.19.52.4 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | S | Subpart S—Attestation Engagements | § 1090.1815 General procedures for gasoline importers. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4368, Jan. 15, 2025] | An auditor must perform the procedures specified in this section for a gasoline importer. (a) Registration and reports. An auditor must review registration and reports for the importer as specified in § 1090.1810(a). (b) Listing of gasoline imports. An auditor must review a listing of gasoline imports as follows: (1) Obtain a detailed listing of gasoline imports from the importer, by gasoline type. (2) Foot the import volumes from the importer by gasoline type. (3) Obtain a detailed listing of gasoline imports directly from the third-party customs broker, by gasoline type. (4) Foot the import volumes from the third-party customs broker by gasoline type. (5) Compare the total volume from the listing of imports supplied by the importer to the listing of imports supplied by the third-party customs broker for each gasoline type and report any variances. (6) Report the total imported volume of each gasoline type. (c) Listing of gasoline batches. An auditor must review a listing of gasoline batches as follows: (1) Obtain the gasoline batch reports submitted by the importer under subpart J of this part. (2) Foot the batch volumes by gasoline type. (3) Compare the total volume from the batch reports to the listing of imports supplied by the importer under paragraph (b) of this section for each gasoline type and report any variances. (4) Report as a finding any batch with a reported value that does not meet a per-gallon standard in subpart C of this part. (d) Test methods. An auditor must follow the procedures specified in § 1090.1845 to determine whether the importer complies with the applicable quality control requirements specified in § 1090.1375. (e) Detailed testing of BOB imports. An auditor must review a detailed listing of BOB imports as follows: (1) Select a representative sample of BOB imports from the listing of imports supplied by the importer under paragraph (b) of this section. (2) Obtain the associated U.S. Customs Entry Summary and PTD for each selected import. (3) Using a uniqu… | |||
| 40:40:37.0.1.1.7.19.52.5 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | S | Subpart S—Attestation Engagements | § 1090.1820 Additional procedures for GTAB. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4370, Jan. 15, 2025] | In addition to any other procedure required under this subpart, an auditor must perform the procedures specified in this section for a gasoline manufacturer that imports GTAB under § 1090.1615. (a) Listing of GTAB imports. An auditor must review a listing of GTAB imports as follows: (1) Obtain a detailed listing of GTAB imports from the importer. (2) Foot the import volumes from the importer. (3) Obtain a detailed listing of GTAB imports directly from the third-party customs broker. (4) Foot the import volumes from the third-party customs broker. (5) Compare the total volume from the listing of imports supplied by the importer to the listing of imports supplied by the third-party customs broker and report any variances. (6) Report the total imported volume of GTAB and the corresponding facilities at which the GTAB was blended. (b) Listing of GTAB batches. An auditor must review a listing of GTAB batches as follows: (1) Obtain the GTAB batch reports submitted by the importer under subpart J of this part. (2) Foot the batch volumes. (3) Compare the total volume from the batch reports to the listing of imports supplied by the importer under paragraph (a) of this section and report any variances. (c) Detailed testing of GTAB imports. An auditor must review a detailed listing of GTAB imports as follows: (1) Select a representative sample of GTAB imports from the listing of imports supplied by the importer under paragraph (a) of this section. (2) Obtain the associated U.S. Customs Entry Summary for each selected import. (3) Using a unique identifier, confirm that the correct U.S. Customs Entry Summaries are obtained for the selected imports. (4) Compare the volume and location the import arrived in the United States on the listing for each selected import to the associated U.S. Customs Entry Summary and report any exceptions. (d) Detailed testing of GTAB batches. An auditor must review a detailed listing of GTAB batches as follows: (1) Select a representative sample of GTAB batches from the ba… | |||
| 40:40:37.0.1.1.7.19.52.6 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | S | Subpart S—Attestation Engagements | § 1090.1825 Additional procedures for PCG used to produce gasoline. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4370, Jan. 15, 2025] | In addition to any other procedure required under this subpart, an auditor must perform the procedures specified in this section for a gasoline manufacturer that produces gasoline from PCG under § 1090.1320. (a) Listing of PCG batches. An auditor must review a listing of PCG batches as follows: (1) Obtain the PCG batch reports submitted by the gasoline manufacturer under subpart J of this part. (2) Foot the batch volumes. (3) Compare the total volume from the batch reports to the inventory reconciliation analysis obtained under § 1090.1810(b) and report any variances. (b) Detailed testing of PCG batches. An auditor must review a detailed listing of PCG batches as follows: (1) Select a representative sample of PCG batches from the batch reports obtained under paragraph (a) of this section. (2) Obtain the volume documentation, laboratory analysis, associated PTD, and tank activity records for each selected batch. (3) Identify each selected batch in the tank activity records and trace each selected batch to subsequent reported batches of BOB or finished gasoline and report any exceptions. (4) For each selected batch, report as a finding any instance where the reported volume was adjusted from the original receipt volume, such as for exported PCG. (5) Compare the reported volume for each selected batch to the volume documentation and report any exceptions. (6) Compare the reported gasoline type for each selected batch to the associated PTD and report any exceptions. (7) Compare the reported properties for each selected batch to the laboratory analysis and report any exceptions. (8) Compare the reported test methods used for each selected batch to the laboratory analysis and report any exceptions. | |||
| 40:40:37.0.1.1.7.19.52.7 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | S | Subpart S—Attestation Engagements | § 1090.1830 Alternative procedures for certified butane blenders. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 88 FR 44593, July 12, 2023; 90 FR 4370, Jan. 15, 2025] | An auditor must perform the procedures specified in this section instead of or in addition to the applicable procedures in § 1090.1810 for a certified butane blender that blends certified butane into PCG under § 1090.1320(b). (a) Registration and reports. An auditor must review registration and reports as follows: (1) Obtain copies of the certified butane blender's registration information submitted under subpart I of this part and all reports submitted by the certified butane blender under subpart J of this part, including the batch reports for the certified butane received and blended. (2) For each butane blending facility, confirm that the facility's registration is accurate based on the activities reported during the compliance period, including that the registration for the facility and any related updates were completed prior to conducting regulated activities at the facility and report any discrepancies. (3) Confirm that the certified butane blender submitted all reports required under subpart J of this part for activities they performed during the compliance period and report any exceptions. (4) Obtain a written statement from the certified butane blender's RCO that the submitted reports are complete and accurate. (5) Report the name of any commercial computer program used to track any data required under this part. (b) Inventory reconciliation analysis. An auditor must review an inventory reconciliation analysis as follows: (1) Obtain an inventory reconciliation analysis from the certified butane blender for each butane blending facility related to all certified butane movements, including the inventory at the beginning and end of the compliance period, receipts, blending/production volumes, shipments, transfers, and gain/loss. (2) Foot and cross-foot the volumes. (3) Compare the beginning and ending inventory to the certified butane blender's inventory records and report any variances. (4) Compare the total volume of certified butane received from the inventory reconciliation analysis to … | |||
| 40:40:37.0.1.1.7.19.52.8 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | S | Subpart S—Attestation Engagements | § 1090.1835 Alternative procedures for certified pentane blenders. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4371, Jan. 15, 2025] | (a) An auditor must perform the procedures specified in this section instead of or in addition to the applicable procedures in § 1090.1810 for a certified pentane blender that blends certified pentane into PCG under § 1090.1320(b). (b) An auditor must apply the procedures in § 1090.1830 by substituting “pentane” for “butane” in all cases. | |||
| 40:40:37.0.1.1.7.19.52.9 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | S | Subpart S—Attestation Engagements | § 1090.1840 Additional procedures related to compliance with gasoline average standards. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4371, Jan. 15, 2025] | In addition to any other procedure required under this subpart, an auditor must perform the procedures specified in this section for a gasoline manufacturer that complies with the standards in subpart C of this part using the procedures specified in subpart H of this part. (a) Annual compliance demonstration review. An auditor must review annual compliance demonstrations as follows: (1) Obtain the annual compliance reports for sulfur and benzene and associated batch reports submitted by the gasoline manufacturer under subpart J of this part. (2)(i) For a gasoline refiner or gasoline blending manufacturer, compare the total volume of gasoline produced at each facility from the annual compliance report to the inventory reconciliation analysis obtained under § 1090.1810(b) and report any variances. (ii) For a gasoline importer, compare the total volume of gasoline imported from the annual compliance report to the listing of imports supplied by the importer under § 1090.1815(b) and report any variances. (3) For each facility, recalculate and report the following values: (i) Compliance sulfur value, per § 1090.700(a)(1), and compliance benzene value, per § 1090.700(b)(1)(i). (ii) Unadjusted average sulfur concentration, per § 1090.745(b), and average benzene concentration, per § 1090.700(b)(3). (iii) Number of credits generated during the compliance period, or number of banked or traded credits needed to meet standards for the compliance period. (iv) Number of credits from the preceding compliance period that are expired or otherwise no longer available for the compliance period being reviewed. (v) Net average sulfur concentration, per § 1090.745(c), and net average benzene concentration, per § 1090.745(d). (4) Compare the recalculated values under paragraph (a)(3) of this section to the reported values in the annual compliance reports and report any exceptions. (5) Report whether the gasoline manufacturer had a deficit for both the compliance period being reviewed and the preceding compliance period. (… | |||
| 40:40:37.0.1.1.7.2.46.1 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | B | Subpart B—General Requirements and Provisions for Regulated Parties | § 1090.100 General provisions. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4344, Jan. 15, 2025] | This subpart provides an overview of the general requirements and provisions applicable to any regulated party under this part. A person who meets the definition of more than one type of regulated party must comply with the requirements applicable to each of those types of regulated parties. For example, a fuel manufacturer that also transports fuel must meet the requirements applicable to a fuel manufacturer and a distributor. A regulated party is required to comply with all applicable requirements of this part, regardless of whether they are identified in this subpart. Any person who produces, sells, transfers, supplies, dispenses, or distributes fuel, fuel additive, or regulated blendstock must comply with all applicable requirements. (a) Recordkeeping. Any party that engages in activities that are regulated under this part must comply with recordkeeping requirements under subpart M of this part. (b) Compliance and enforcement. Any party that engages in activities that are regulated under this part is subject to compliance and enforcement provisions under subpart R of this part. (c) Hardships and exemptions. Some regulated parties under this part may be eligible, or eligible to petition, for a hardship or exemption under subpart G of this part. (d) Importers. In addition to the requirements of paragraphs (a) through (c) of this section and §§ 1090.105 and 1090.155, an importer must also comply with subpart Q of this part. | |||
| 40:40:37.0.1.1.7.2.46.10 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | B | Subpart B—General Requirements and Provisions for Regulated Parties | § 1090.145 Transmix processors. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4344, Jan. 15, 2025] | A transmix processor must comply with the requirements of this section. (a) Transmix requirements. A transmix processor must comply with the transmix requirements of subpart F of this part. (b) Registration. A transmix processor must register with EPA under subpart I of this part. (c) Certification and designation. A transmix processor must certify and designate the fuel they produce under subpart K of this part. (d) PTDs. On each occasion when a transmix processor produces a batch of fuel or transfers custody of or title to any fuel, fuel additive, or regulated blendstock, the transferor must provide to the transferee PTDs under subpart L of this part. (e) Sampling, testing, and retention requirements. A transmix processor must conduct sampling, testing, and sample retention in accordance with subparts F and N of this part. (f) Reporting. A transmix processor must submit reports to EPA under subpart J of this part. (g) Annual attestation engagement. A transmix processor must submit annual attestation engagement reports to EPA under subpart S of this part. | |||
| 40:40:37.0.1.1.7.2.46.11 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | B | Subpart B—General Requirements and Provisions for Regulated Parties | § 1090.150 Transmix blenders. | EPA | A transmix blender must comply with the requirements of this section. (a) Transmix requirements. A transmix blender must comply with the transmix requirements of subpart F of this part. (b) PTDs. On each occasion when a transmix blender produces a batch of fuel or transfers custody or title to any fuel, fuel additive, or regulated blendstock, the transferor must provide to the transferee PTDs under subpart L of this part. (c) Sampling, testing, and retention requirements. A transmix blender must conduct sampling, testing, and sample retention in accordance with subparts F and N of this part. | ||||
| 40:40:37.0.1.1.7.2.46.12 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | B | Subpart B—General Requirements and Provisions for Regulated Parties | § 1090.155 Fuel additive manufacturers. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4344, Jan. 15, 2025] | This section provides an overview of general requirements applicable to a fuel additive manufacturer. A gasoline additive manufacturer must comply with the requirements of paragraph (a) of this section. A diesel fuel additive manufacturer must comply with the requirements of paragraph (b) of this section. A certified ethanol denaturant producer must comply with the requirements of paragraph (c) of this section. (a) Gasoline additive manufacturers. A gasoline additive manufacturer must meet the following requirements: (1) Gasoline additive standards. A gasoline additive manufacturer must comply with the applicable requirements of subpart C of this part. (2) Certification. A gasoline additive manufacturer must certify the gasoline additives they produce under subpart K of this part. (3) PTDs. On each occasion when a gasoline additive manufacturer transfers custody of or title to any gasoline additive, the transferor must provide to the transferee PTDs under subpart L of this part. (4) Gasoline detergent manufacturers. A gasoline detergent manufacturer must comply with the following requirements: (i) Part 79 registration and LAC determination. A gasoline detergent manufacturer must register gasoline detergent(s) under 40 CFR 79.21 at a concentration that is greater than or equal to the LAC reported by the gasoline detergent manufacturer under 40 CFR 79.21(j). Note: EPA provides a list on EPA's website of detergents that have been certified by the gasoline detergent manufacturer as meeting the deposit control requirement (Search for “List of Certified Detergent Additives”). (ii) Gasoline detergent standards. Report the LAC determined under § 1090.260(b) and provide specific composition information as part of the gasoline detergent manufacturer's registration of the detergent under 40 CFR 79.21(j). (iii) PTDs. On each occasion when a gasoline detergent manufacturer transfers custody of or title to any gasoline detergent, the transferor must provide to the transferee PTDs under subpart L of this… | |||
| 40:40:37.0.1.1.7.2.46.13 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | B | Subpart B—General Requirements and Provisions for Regulated Parties | § 1090.160 Distributors, carriers, and resellers. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4344, Jan. 15, 2025] | A distributor, carrier, or reseller must comply with the requirements of this section. (a) Gasoline and diesel fuel standards. A distributor, carrier, or reseller must comply with the applicable requirements of subparts C and D of this part. (b) Registration. A distributor or carrier must register with EPA under subpart I of this part if they are part of the 500 ppm LM diesel fuel distribution chain in a compliance plan submitted under § 1090.515(g). (c) PTDs. On each occasion when a distributor, carrier, or reseller transfers custody or title to any fuel, fuel additive, or regulated blendstock, the transferor must provide to the transferee PTDs under subpart L of this part. | |||
| 40:40:37.0.1.1.7.2.46.14 | 40 | Protection of Environment | I | U | 1090 | PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS | B | Subpart B—General Requirements and Provisions for Regulated Parties | § 1090.165 Retailers and WPCs. | EPA | [85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4344, Jan. 15, 2025] | A retailer or WPC must comply with the requirements of this section. (a) Gasoline and diesel fuel standards. A retailer or WPC must comply with the applicable requirements of subparts C and D of this part. (b) Labeling. A retailer or WPC that dispenses fuels requiring a label under this part must display fuel labels under subpart P of this part. (c) Fuels produced through fuel dispensers. A retailer or WPC that produces gasoline ( e.g., E15) through a fuel dispenser with anything other than PCG and DFE is also a blending manufacturer and must comply with the applicable requirements in § 1090.105. |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);