Fuels Regulatory Streamlining -
Discussion Draft Regulations,
April 2019
United States
Environmental Protection
tl Agency
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Fuels Regulatory Streamlining -
Discussion Draft Regulations,
April 2019
Assessment and Standards Division
Office of Transportation and Air Quality
U.S. Environmental Protection Agency
£% United States
Environmental Protection
^1 Agency
EPA-420-D-19-001
April 2019
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DISCLAIMER: EPA is releasing staff-level, working draft regulations to foster discussion with
stakeholders to aid in the development of EPA's Fuels Regulatory Streamlining rulemaking.
More information on EPA's Fuels Regulatory Streamlining rulemaking is available at
https://www.epa.eov/diesel-fiiel-standards/fiiels-reeiilatory-streamlinine.
These regulations are an initial step in the process of developing regulations, subject to revision
as a result of additional staff-level and management review, and are being released solely as a
discussion draft to facilitate information exchange at the public stakeholder meeting. These
working draft regulations do not represent decisions, policies, or future action by EPA and do not
bind EPA to any particular decision, policy, or future action. These working draft regulations are
likely to change prior to any publication of a Notice of Proposed Rulemaking in the future. These
working draft regulations likely contain errors, inconsistencies, and omissions in the staff-level
concepts presented therein. Therefore, nothing in these working draft regulations should be taken
as providing any guidance as to interpretation or intent of any current or future regulations, or as
having created any rights in, or imposed any obligations on, any party.
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40 CFR Part 1090 Outline
Subpart A—General Provisions
§1090.1 Applicability and relationship to other parts.
§1090.5 Implementation dates.
§1090.10 Contacting EPA.
§1090.15 Confidential business information.
§1090.50 Rounding.
§1090.55 Requirements for independent parties.
§1090.80 Definitions.
§1090.90 Acronyms and abbreviations.
§1090.95 Incorporation by reference.
Subpart B—General Requirements and Provisions for Regulated Parties
§1090.100 General provisions.
§1090.105 Fuel manufacturers.
§1090.110 Detergent blenders.
§1090.115 Oxygenate blenders.
§1090.120 Oxygenate producers.
§1090.125 Certified butane producers.
§1090.130 Certified butane blenders.
§1090.135 Certified pentane producers.
§1090.140 Certified pentane blenders.
§1090.145 Transmix processors.
§1090.150 Transmix blenders.
§1090.155 Fuel additive manufacturers.
§1090.160 Distributors, carriers, and resellers.
§1090.165 Retailers and WPCs.
§1090.170 Independent surveyors.
§1090.175 Auditors.
§1090.180 Pipeline operators.
Subpart C—Gasoline Standards
§1090.300 Overview and general requirements.
§1090.305 Sulfur standards.
§1090.310 Benzene standards.
§1090.315 Gasoline volatility standards.
§1090.320 Certified butane standards.
§1090.325 Certified pentane standards.
§1090.330 Gasoline oxygenate standards.
§1090.335 Ethanol denaturant standards.
§1090.340 Gasoline deposit control standards.
§1090.345 RFG standards.
§1090.350 Anti-dumping standards.
§1090.355 Gasoline fuel additive standards.
§1090.360 Gasoline substantially similar provisions.
§1090.365 Requirements for E15.
§1090.370 RFG covered areas.
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§1090.375 Changes to RFG covered areas.
§1090.380 Procedures for relaxing the federal 7.8 psi RVP standard.
Subpart D—Diesel Fuel and IMO Marine Fuel Standards
§1090.400 Overview and general requirements.
§1090.405 ULSD standards.
§1090.410 Diesel fuel additives standards.
§1090.415 Heating oil, kerosene, and jet fuel provisions.
§1090.420 500 ppm LM diesel fuel standards.
§1090.425 IMO marine fuel standards.
Subpart E—Transmix Provisions
§1090.500 Scope.
§1090.505 Gasoline produced from blending transmix into PCG.
§1090.510 Gasoline produced from TGP.
§1090.515 Locomotive and marine diesel fuel produced from TDP.
§1090.520 Incidental transmix mixing during fuel distribution.
§1090.525 Handling practices for pipeline interface that is not transmix.
Subpart F—Reserved
Subpart G—Exemptions, Hardships, and Special Provisions
§1090.600 National security and military use exemptions.
§1090.605 Temporary research, development, and testing exemptions.
§1090.610 Racing and aviation fuel exemptions.
§1090.615 Special provisions for Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
§1090.620 California gasoline and diesel fuel requirements.
§1090.625 Special provisions for Alaska, Hawaii, Puerto Rico, and the U.S. Virgin
Islands summer gasoline.
§1090.630 Refinery extreme unforeseen hardship exemption.
§1090.635 Additional exemptions from the gasoline deposit control requirements.
§1090.640 Exemption for exports of fuels, fuel additives, and regulated blendstocks.
Subpart H—Averaging, Banking, and Trading Provisions
§1090.700 Compliance with average standards.
§1090.705 Annual average facility level compliance.
§1090.710 Downstream oxygenate accounting.
§1090.715 Deficit carryforward.
§1090.720 Credit use.
§1090.725 Credit generation.
§1090.730 Credit transfers.
§1090.735 Invalid credits and remedial actions.
§1090.740 Downstream oxygenate recertification.
Subpart I—Registration
§1090.800 General provisions.
§1090.805 Contents of registration.
§1090.810 Voluntary cancellation of company or facility registration.
§1090.815 Involuntary cancellation of company registration.
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§1090.820 Changes of ownership.
Subpart J—Reporting
§1090.900 General provisions.
§1090.905 Annual, batch, and credit transaction reporting for gasoline manufacturers.
§1090.910 Reporting for gasoline manufacturers that recertify BOB to gasoline.
§1090.915 Batch reporting for oxygenate producers and importers.
§1090.920 Reports by certified pentane producers and importers.
§1090.925 Reports by independent surveyors.
§1090.930 Reports by auditors.
Subpart K—Batch Certification, Designation, and Product Transfer Document Requirements
BATCH CERTIFICATION AND DESIGNATION
§1090.1100 Batch certification requirements.
§1090.1105 Designation of batches of fuels, fuel additives, and regulated blendstocks.
§1090.1110 Designation requirements for gasoline.
§1090.1115 Designation requirements for diesel and distillate fuels.
§1090.1120 Batch numbering.
PRODUCT TRANSFER DOCUMENTS
§1090.1150 General PTD provisions.
§1090.1155 PTD requirements for exempted fuels.
§1090.1160 Gasoline PTD provisions.
§1090.1165 PTD requirements for distillate and residual fuels.
§1090.1170 Diesel fuel additives language requirements.
§1090.1175 Alternative PTD language provisions.
Subpart L—Recordkeeping
1090.1200 General recordkeeping requirements.
1090.1205 Recordkeeping requirements for all regulated parties.
1090.1210 Recordkeeping requirements for gasoline manufacturers.
1090.1215 Recordkeeping requirements for diesel fuel and ECA marine fuel
manufacturers.
1090.1220 Recordkeeping requirements for oxygenate blenders.
1090.1225 Recordkeeping requirements for gasoline additives.
1090.1230 Recordkeeping requirements for oxygenate producers.
1090.1235 Recordkeeping requirements for ethanol denaturant.
1090.1240 Recordkeeping requirements for gasoline detergent blenders.
1090.1245 Recordkeeping requirements for independent surveyors.
1090.1250 Recordkeeping requirements for auditors.
Subpart M—Sampling, Testing, and Retention Requirements
§1090.1300 General provisions.
SCOPE OF TESTING
§1090.1310 Testing to demonstrate compliance with standards.
§1090.1315 In-line blending.
§1090.1320 Testing requirements for manufacturers adding blendstock to PCG.
§1090.1330 Testing requirements for blending with TGP.
§1090.1335 Denatured fuel ethanol.
HANDLING AND TESTING SAMPLES
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§1090.1340 Collecting and preparing samples for testing.
§1090.1341 Demonstrating homogeneity.
§1090.1342 Sample preparation for BOB testing.
§1090.1345 Sample retention.
MEASUREMENT PROCEDURES
§1090.1350 Overview of test procedures.
§1090.1351 Calculation adjustments and corrections.
§1090.1352 Performance-based Measurement System.
§1090.1354 Initial qualifying criteria for alternative measurement procedures.
§1090.1356 Qualifying criteria for reference installations.
§1090.1358 Quality control procedures.
GASOLINE DEPOSIT CONTROL TESTING
§1090.1375 Gasoline deposit control test procedures.
Subpart N—Survey Provisions
§1090.1400 National fuels survey program participation.
§1090.1405 National fuels survey program requirements.
§1090.1410 Independent surveyor requirements.
§1090.1415 Survey plan design requirements.
§1090.1420 Additional requirements for E15 misfueling mitigation surveying.
§1090.1425 Survey plan approval process.
§1090.1430 Independent surveyor contract.
§1090.1435 Consequences of failure to fulfill survey requirements.
§1090.1440 National sampling oversight program requirements.
Subpart O—Requirements for Retailers and Wholesale Purchaser-Consumers
§1090.1500 Overview.
LABELING
§1090.1510 E15 labeling provisions.
§1090.1515 Diesel sulfur labeling provisions.
REFUELING HARDWARE
§1090.1550 Requirements for gasoline dispensing nozzles used with motor vehicles.
§1090.1555 Requirements for gasoline dispensing nozzles used primarily with marine
vessels.
§1090.1560 Requirements related to dispensing natural gas.
§1090.1565 Requirements related to dispensing liquefied petroleum gas.
Subpart P—Importation and Exportation of Fuels, Fuel Additives, and Regulated Blendstocks
§1090.1600 General provisions for importers.
§1090.1605 Importation by marine vessel.
§1090.1610 General provisions for exporters.
§1090.1615 Gasoline treated as ablendstock.
§1090.1620 Testing requirements for importing products by rail or truck.
Subpart Q—Compliance and Enforcement Provisions
§1090.1700 Prohibited acts.
§1090.1705 Evidence related to violations.
§1090.1710 Penalties.
§1090.1715 Liability provisions.
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§1090.1720 Affirmative defense provisions related to noncompliant fuels, fuel additives,
or regulated blendstocks.
Subpart R—Attestation Engagements
§1090.1800 General provisions.
§1090.1805 Representative samples.
§1090.1810 General procedures - gasoline manufacturers.
§1090.1815 General procedures - gasoline importers.
§1090.1820 Additional procedures for gasoline treated as blendstock.
§1090.1825 Additional procedures for PCG used to produce gasoline.
§1090.1830 Alternative procedures for certified butane blenders.
§1090.1835 Alternative procedures for certified pentane blenders.
§1090.1840 Additional procedures related to compliance with gasoline average
standards.
§1090.1845 Procedures related to meeting performance-based measurement and
statistical quality control for test methods.
§1090.1850 Procedures related to in-line blending waivers.
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Subpart A—General Provisions
§1090.1 Applicability and relationship to other parts.
(a) This part specifies fuel quality standards for gasoline and diesel fuel 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 the final fuel.
(2) This part also specifies requirements for any person that engages in activities
associated with the production, distribution, storage, and sale of fuels, fuel additives, and
regulated blendstocks such as collecting and testing samples for regulated parameters, reporting
information to EPA to demonstrate compliance with fuel quality requirements, and other
compliance measures to implement the standards. Parties that produce and distribute 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 fuel sulfur levels for fuel used in vessels, including separate standards for
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 other compliance measures to implement the standards.
(c) The requirements for the registration of fuel and fuel additives under 42 U.S.C. §
7545(a), (b), and (e) are specified in 40 CFR part 79. Parties that must meet requirements of this
part may also need to comply with the requirements for the registration of fuel and fuel additives
under 40 CFR part 79.
(d) The requirements for the Renewable Fuels Standard (RFS) are specified in 40 CFR
part 80, subpart M. Parties that must meet requirements of this part may also need to comply
with the requirements for the RFS program under 40 CFR part 80, subpart M.
(e) Nothing in this part is intended to preempt the ability of state or local governments to
control or prohibit any fuel or additive for use in motor vehicles and motor vehicle engines that
is not explicitly regulated by this part.
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§1090.5 Implementation dates.
(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) Positive 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, any approval granted under 40 CFR part 80 continues to
be in effect under this part. For example, if EPA approved the use of in-line blending
measurements or alternate labeling 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, regulated parties must use the provisions of 40 CFR part
80 in 2021 to demonstrate compliance with regulatory requirements for the 2020 calendar year.
This applies for calculating credits for the 2020 compliance period, and for any sampling,
testing, reporting, and auditing related to fuels, fuel additives, and regulated blendstocks
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 after that date, as specified in 40 CFR part 80.
§1090.10 Contacting EPA.
(a) Parties must submit all reports, registrations, and documents for approval required
under this part electronically to EPA using forms and procedures specified by EPA.
(b) Unless otherwise specified in this part or limited by the Clean Air Act (42 U.S.C. §
7401 et seq.), the approving official for all approvals under this part is the Director of the
Compliance Division, Office of Transportation and Air Quality in EPA's Office of Air and
Radiation or his or her equivalent.
§1090.15 Confidential business information.
EPA will store confidential information as specified in 40 CFR part 2 and will disclose it
only as specified in 40 CFR part 2. This applies both to any information sent to EPA and to any
information EPA collects from inspections, audits, or other site visits.
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§1090.50 Rounding.
(a) Complying with this part requires rounding final values, such as sulfur test results and
volume of gasoline. Do not round intermediate values to transfer data unless the rounded number
has at least 6 significant digits.
(b) 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). This convention is consistent with
ASTM E29 and NIST SP 811.
(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 digits may be used, consistent with the accuracy,
repeatability, and noise specifications of the procedures specified in subpart M of this part.
(e) Identify batch volume in gallons to the nearest whole gallon or rounded to the nearest
10 gallons for batch volumes between 1,000 and 10,000 gallons, and to the nearest 100 gallons
for batch volumes above 10,000 gallons. Use a consistent rounding convention for all batch
volumes in a given compliance period, and for all reporting under this part.
§1090.55 Requirements for independent parties.
This section specifies how third parties demonstrate their independence from the
regulated party that hires them and their technical ability to perform the specified services.
Subpart R of this part describes requirements that apply for auditors performing attestation
engagements.
(a) Independence. The independent third-party, its 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 every individual involved in the specified activities
in this part that the independent third-party is hired to perform for a regulated party.
(1) Employment criteria, (i) No person employed by an independent third-party,
including contractor and subcontractor personnel, who is involved in a specified activity
performed by the third-party under the provisions of this part, may be employed, currently or
previously, by the regulated party for any duration within the 3 years preceding the date when
the regulated party hired the independent third party to provide services under this part.
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(ii) Auditors that meet the requirements in §1090.1800(b)(1) do not have to satisfy the
employment criteria in paragraph (a)(l)(i) of this section to be considered independent.
(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 its 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 are 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.
(iii) Auditors that meet the requirements in §1090.1800(b)(1) do not have to satisfy the
financial criteria in paragraph (a)(2)(i) and (ii) of this section to be considered independent.
(b) Technical ability. All the following criteria must be met by the third party in order to
demonstrate its technical capability to perform specified activities under this part:
(1) Independent surveyors that conduct surveys under subpart N of this part must have
personnel familiar with petroleum marketing, the sampling and testing of gasoline and diesel at
retail stations, and the designing of surveys to estimate compliance rates or fuel parameters
nationwide. Independent surveyors must demonstrate this technical ability in survey plans
submitted under subpart N of this part.
(2) Laboratories attempting to qualify alternative procedures may need to contract with
an auditing service to verify the accuracy and precision of measured values as specified in
§1090.1354. Such an auditor must demonstrate work experience and a good working knowledge
of the voluntary consensus standards specified in §§1090.1354 and 1090.1356, with training and
expertise corresponding to a bachelor's degree in chemical engineering, or combined bachelor's
degrees in chemistry and statistics.
(3) Laboratories auditing in-line blending operations must demonstrate work experience
and a good working knowledge of the voluntary consensus standards specified in §§1090.1354
and 1090.1356.
(c) Suspension and disbarment. Any person suspended or disbarred under 40 CFR part 32
or 48 CFR part 9, subpart 9.4, are not qualified to perform review functions under this part.
§1090.80 Definitions.
500 ppm LM diesel fuel means diesel fuel subject to the alternative sulfur standards in
§1090.420 for fuel produced by transmix processors that may only be used in locomotive
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engines and marine engines that do not require the use of ULSD under 40 CFR parts 1033 and
1042, respectively.
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 to comply with average
standards under this part.
Auditor means any person that conducts audits under subpart R of this part.
Automated detergent blending facility means any facility (including, but not limited to, a
truck or individual storage tank) at which detergent additive 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 that has a
homogeneous set of properties.
Biodiesel means a diesel fuel that contains at least 80 percent mono-alkyl esters made
from nonpetroleum feedstocks.
Blender pump means any fuel dispenser where PCG is blended with a fuel that contains
ethanol (including DFE) to produce gasoline that has an ethanol content greater than that of the
PCG. Blender pumps are fuel blending facilities if PCG is blended with a fuel that contains
anything other than PCG and DFE.
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
additives) 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 declared to be a holiday by federal statute or executive order.
Butane means an organic compound with the formula C4H10.
California detergent means detergent that is used only in California gasoline.
California diesel means diesel fuel designated by a diesel fuel manufacturer as for use in
California and is used in California.
California gasoline means gasoline designated by a gasoline manufacturer as for use in
California and is used in California.
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Carrier means any distributor who transports or stores or causes the transportation or
storage of fuel, fuel additive, or regulated blendstock without taking title to or otherwise having
any ownership of the fuel, fuel additive, or regulated blendstock, and without altering either the
quality or quantity of the fuel, fuel additive, or regulated blendstock.
Category 1 (CI) marine vessel means a vessel that is propelled by an engine(s) meeting
the definition of "Category 1" in 40 CFR part 1042.901.
Category 2 (C2) marine vessel means a vessel that is propelled by an engine(s) meeting
the definition of "Category 2" in 40 CFR part 1042.901.
Category 3 (C3) marine vessel means a vessel that is propelled by an engine(s) meeting
the definition of "Category 3" in 40 CFR part 1042.901.
CBOB means gasoline that meets the definition of conventional gasoline and that must be
blended with oxygenate before being dispensed into a vehicle or engine's fuel tank, unless
recertified as specified in §1090.740.
Certified butane means butane that is certified to meet the standards in §1090.320.
Certified butane blender means a blending manufacturer that produces gasoline by
blending certified butane into PCG, and that uses the provisions of §1090.XXX to meet the
applicable sampling and testing requirements.
Certified butane producer means a regulated blendstock producer that certifies butane as
meeting the requirements in §1090.320.
Certified ethanol denaturant means ethanol denaturant that is certified to meet the
standards in §1090.XXX.
Certified ethanol denaturant producer means any person that certifies ethanol denaturant
as meeting the requirements in §1090.XXXX.
Certifiedpentane means pentane that is certified to meet the standards in §1090.325.
Certified pentane blender means a blending manufacturer that produces gasoline by
blending certified pentane into PCG and that uses the provisions of §1090.1320 to meet the
applicable sampling and testing requirements.
Certified pentane producer means any person that certifies pentane as meeting the
requirements in §1090.325. Certified pentane producers are regulated blendstock producers.
Compliance period means the calendar year (January 1 through December 31), unless
otherwise specified.
Conventional gasoline or CG means gasoline that is not certified to meet the
requirements forRFG in §1090.345.
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Days means calendar days, including weekends and holidays.
Denaturedfuel ethanol or DFE means anhydrous ethanol that contains a denaturant to
make it unfit for human consumption as required and defined in 27 CFR parts 19 through 21, and
that is produced or imported for blending into gasoline.
Deposit control effectiveness and efficiency means the ability of a detergent additive
package to prevent the formation of deposits in gasoline engines, and the degree to which a
detergent additive package at a given concentration in gasoline is effective in limiting the
formation of deposits. The addition of inactive ingredients to a detergent additive package, to the
extent that this addition dilutes the concentration of the detergent-active components, reduces the
deposit control efficiency of the package.
Detergent means any chemical compound or combination of chemical compounds that is
added to gasoline to control deposit formation to meet the requirements in §1090.340. Detergent
additives may be contained as part of a detergent additive package.
Detergent additive package means an additive package containing detergent additive and
may also contain carrier oils and non-detergent-active components such as corrosion inhibitors,
antioxidants, metal deactivators, and handling solvents.
Detergent blender means any person who owns, leases, operates, controls, or supervises
the blending operation of a detergent blending facility, or imports detergent-additized gasoline.
Detergent blending facility means any facility (including, but not limited to, a truck or
individual storage tank) at which detergent is blended with gasoline.
Detergent manufacturer means any person who owns, leases, operates, controls, or
supervises a facility that manufactures detergent. Detergent manufacturers are fuel additive
manufacturers.
Detergent-active components means the components of a detergent additive package that
act to prevent the formation of deposits, including, but not necessarily limited to, the actual
detergent chemical and any detergent carrier oil (if present and a detergent-active component)
that acts to enhance the detergent's ability to control deposits. Detergent carrier oils may be a
detergent-active non-detergent-active component and are sometimes added to a detergent
additive package only to modify the cold flow properties of the additive package.
Detergent-additized gasoline or detergent gasoline means any gasoline that contains a
detergent that meets the requirements in §1090.340.
Diesel fuel means any of the following:
(1) Any fuel commonly or commercially known as diesel fuel.
(2) Any fuel (including NP diesel fuel) that is intended or used to power an engine that is
designed to operate using diesel fuel, except for residual or gaseous fuel.
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(3) Any fuel other than heating oil, jet fuel, and kerosene is diesel fuel if it conforms to
the specifications of ASTM D975 (incorporated by reference in §1090.95) and is made available
for use in an engine designed to operate using diesel fuel.
Distillate fuel means diesel fuel and other petroleum fuels that can be used in engines that
are designed to operate using diesel fuel. For example, diesel fuel, jet fuel, heating oil, No. 1 fuel
(kerosene), No. 4 fuel, DMX, DMA, DMB, and DMC are distillate fuels. These specific fuel
grades are identified in ASTM D975 and ISO 8217. Natural gas, LPG, and gasoline are not
distillate fuels. Residual fuel is not distillate fuel; however, blends containing residual fuel are
distillate fuels. Diesel fuel containing biodiesel or renewable diesel is distillate fuel.
Distributor means any person who transports, stores, or causes the transportation or
storage of fuel, fuel additive, or regulated blendstock at any point between any fuel
manufacturing facility, fuel additive manufacturing facility, or regulated blendstock production
facility and any retail outlet or WPC facility.
Downstream location means any point in the fuel distribution system other than a fuel
manufacturing facility through which the fuel passes (e.g., fuel at facilities of distributors,
pipelines, terminals, carriers, retailers, kerosene blenders, and WPCs).
E0 means a gasoline that contains no ethanol. This is also known as neat gasoline.
E10 means gasoline that contains at least 9 and no more than 10 volume percent ethanol.
El5 means gasoline that contains more than 10 and no more than 15 volume percent
ethanol.
E85 means a fuel that contains more than 50 volume percent but no more than 83 volume
percent ethanol and is used, intended for use, or made available for use in flex-fuel vehicles or
flex-fuel engines.
E200 means the distillation fraction of a fuel at 200 degrees fahrenheit expressed as a
volume percentage.
E300 means the distillation fraction of a fuel at 300 degrees fahrenheit expressed as a
volume percentage.
ECA marine fuel means diesel, distillate, or residual fuel used, intended for use, or made
available for use in C3 marine vessels while the vessels are operating within an Emission Control
Area (ECA), or an ECA associated area.
Ethanol means an alcohol of the chemical formula C2H5OH.
Ethanol denaturant means PCG, regulated gasoline blendstocks, or natural gasoline
liquids that are added to anhydrous ethanol to make the ethanol unfit for human consumption as
required and defined in 27 CFR parts 19 through 21.
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Facility means any place, or series of places, where any fuel, fuel additive, or regulated
blendstock is produced, distributed, stored, or sold.
Flex-fuel engine has the same meaning as flexible-fuel engine in 40 CFR 1054.801.
Flex-fuel vehicle has the same meaning as flexible-fuel vehicle in 40 CFR 86.1803-01.
Fuel means only the fuels regulated under this part, including gasoline, diesel fuel, and
IMO marine fuel.
Fuel additive means a substance that is registered under 40 CFR part 79 and is added to
fuel that amounts to less than 1.0 volume percent of the resultant mixture, or is an oxygenate
added up to a level consistent with levels that are "substantially similar" under 42 U.S.C. §
7545(f)(1) or as permitted under a waiver granted under 42 U.S.C. § 7545(f)(4).
Fuel additive blender means any person who blends fuel additive into fuel in the United
States, or any person who owns, leases, operates, controls, or supervises such an operation in the
United States.
Fuel additive manufacturer means any person who produces fuel additive in the United
States or imports fuel additive into the United States.
Fuel blending facility means any facility, other than a refinery or transmix processing
facility, where fuel is produced by combining blendstocks, by adding blendstocks to previously
certified fuel, or by any other process where blendstocks or fuels are combined. Types of
blending facilities include, but are not limited to, terminals, storage tanks, plants, tanker trucks,
retail outlets, and marine vessels.
Fuel dispenser means the apparatus used to dispense fuel into motor vehicles, nonroad
vehicles, engines, or equipment, or into a portable fuel container.
Fuel manufacturer means any person who produces or imports fuel. Fuel manufacturers
include refiners, importers, blending manufacturers, and transmix processors.
Fuel manufacturing facility means any facility where fuels are produced or imported by a
fuel manufacturer. Fuel manufacturing facilities include refineries, fuel blending facilities,
transmix processing facilities, and import facilities.
Fuel manufacturing facility gate means the point where the fuel leaves the fuel
manufacturing facility at which it was produced by the fuel manufacturer.
Gasoline means any of the following:
(1) Any fuel commonly or commercially known as gasoline.
(2) Any fuel intended or used to power a gasoline-fueled vehicle or engine, except for
gaseous fuel.
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(3) Any fuel that conforms to the specifications of ASTM D4814 (incorporated by
reference in §1090.95) and is made available for use in a gasoline-fueled vehicle or engine.
Gasoline before oxygenate blending or BOB means gasoline that must be blended with
oxygenate before being dispensed into a vehicle or engine's fuel tank, unless recertified as
specified in §1090.740.
Gasoline treated as blendstock or GTAB means imported gasoline that is excluded from
the importer's compliance calculations but is treated as blendstock in a related fuel
manufacturing facility that includes the GTAB in a gasoline manufacturer's compliance
calculations for the facility under §1090.1615.
Global marine fuel means diesel fuel, distillate fuel, or residual fuel used, intended for
use, or made available for use in steamships or Category 3 marine vessels while the vessels are
operating in international waters or in any waters outside the boundaries of an EC A.
Heating oil means a combustible product that is commonly or commercially known as
heating oil and is intended for use in furnaces, boilers, or similar applications. Kerosene and jet
fuel are not heating oil.
IMO marine fuel means fuel that is ECA marine fuel or global marine fuel.
Importer means any person who imports fuel, fuel additive, or regulated blendstock into
the United States.
Import facility means any facility where an importer imports fuel, fuel additive, or
regulated blendstock.
Independent surveyor means any person who meets the independence requirements in
§1090.55 and conducts a survey under subpart N of this part.
Intake valve deposits or IVI) means the deposits formed on the intake valve(s) of a
gasoline engine during operation, as evaluated by weight.
Jet fuel means any distillate fuel used, intended for use, or made available for use in
aircraft.
Kerosene means any No. 1 distillate fuel commonly or commercially sold as kerosene.
Liquefied petroleum gas or LP G means a liquid hydrocarbon fuel that is stored under
pressure and is composed primarily of compounds that are gases at atmospheric conditions
(temperature = 25 °C and pressure = 1 atm), excluding natural gas.
Locomotive engine means an engine used in a locomotive as defined in 40 CFR 92.2.
Methanol means any fuel sold for use in motor vehicles and commonly known or
commercially sold as methanol or MXX, where XX is the percent methanol (CH3OH) by
volume.
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Natural gas means a fuel that is primarily composed of methane.
Natural gas liquids or NGLs means the hydrocarbons (primarily propane, butane,
pentane, hexane, and heptane) that are separated from the gaseous state of natural gas in the form
of liquids at a facility such as a natural gas production facility, gas processing plant, natural gas
pipeline, or refinery or similar facility.
Nonpetroleum (NP) diesel means renewable diesel or biodiesel. NP diesel also includes
other biomass-based diesel as specified under 40 CFR part 80, subpart M.
Oxygenate means a liquid compound that consists of one or more oxygenated
compounds. Examples include DFE and isobutanol.
Oxygenate blender means any person who adds oxygenate to gasoline in the United
States, or any person who owns, leases, operates, controls, or supervises such an operation in the
United States.
Oxygenate blending facility means any facility (including but not limited to a truck) at
which oxygenate is added to gasoline (including BOB), and at which the quality or quantity of
gasoline is not altered in any other manner except for the addition of deposit control additives.
Oxygenate import facility means any facility where oxygenate, including DFE designated
as transportation fuel, is imported into the United States.
Oxygenate producer means any person who produces or imports oxygenate for gasoline
in the United States, or any person who owns, leases, operates, controls, or supervises an
oxygenate production or import facility in the United States.
Oxygenate production facility means any facility where oxygenate is produced, including
DFE designated as transportation fuel.
Oxygenated compound means an oxygen-containing, ashless organic compound, such as
an alcohol or ether, which may be used as a fuel additive.
PADD means Petroleum Administration for Defense District. These districts are the same
as the PADDs used by other federal agencies, except for the addition of PADDs VI and VII. The
individual PADDs are identified by region, state, and territory as follows:
PADD
Regional Description
State or Territory
I
East Coast
Connecticut, Delaware, District of Columbia, Florida,
Georgia, Maine, Maryland, Massachusetts, New
Hampshire, New Jersey, New York, North Carolina,
Pennsylvania, Rhode Island, South Carolina, Vermont,
Virginia, West Virginia
II
Midwest
Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan,
Minnesota, Missouri
III
Gulf Coast
Alabama, Arkansas, Louisiana, Mississippi, New Mexico,
Texas
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IV
Rocky Mountain
Colorado, Idaho, Montana, Utah, Wyoming
V
West Coast
Alaska, Arizona, California, Hawaii, Nevada, Oregon,
Washington
VI
Antilles
Puerto Rico, U.S. Virgin Islands
VII
Pacific Territories
American Samoa, Guam, Northern Mariana Islands
Pentane means an organic compound with the formula C5H12.
Pentane blending facility means a fuel manufacturing facility where pentane is blended
into PCG.
Per-gallon standard means the maximum or minimum value for any parameter that
applies to every volume unit of a specified fuel, fuel additive, or regulated blendstock.
Person has the meaning given in 42 U.S.C. § 7602(e).
Pipeline interface means the mixture between different fuels that abut each other during
shipment by pipeline.
Pipeline operator means any person who operators a refined petroleum product pipeline
in the United States, or any person who owns, leases, operates, controls, or supervises such a
pipeline in the United States.
Previously certified gasoline or PCG means CG, RFG, or BOB that has been included in
a batch by a gasoline manufacturer for purposes of complying with the standards in this part.
Product transfer documents or PTDs mean documents that reflect the transfer of
ownership or physical custody of fuels, fuel additives, or regulated blendstocks (e.g., invoices,
receipts, bills of lading, manifests, pipeline tickets) between a transferor and a transferee.
RBOB means gasoline that meets the definition of reformulated gasoline, and that must
be blended with oxygenate before being dispensed into a vehicle or engine's fuel tank, unless
recertified under §1090.740.
Refiner means any person who owns, leases, operates, controls, or supervises a refinery
in the United States.
Refinery means a facility where fuels are produced primarily from crude oil through
chemical processing equipment that includes distillation columns.
Reformulated gasoline or RFG means gasoline that is certified to meet the requirements
for reformulated gasoline in §1090.345.
Regulated blendstock means certified butane, certified pentane, TGP, TDP, and GTAB.
Regulated blendstock producer means any person that produces or imports regulated
blendstocks.
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Renewable dieselfuel means diesel fuel that is made from renewable (nonpetroleum)
feedstocks and is not a mono-alkyl ester.
Reseller means any person who purchases fuel identified by the corporate, trade, or brand
name of a fuel manufacturer from such manufacturer or a distributor and resells or transfers it to
retailers or WPCs, and whose assets or facilities are not substantially owned, leased, or
controlled by such manufacturer.
Residual fuel means a petroleum fuel that can only be used in diesel engines if it is heated
before injection. For example, No. 5 fuels and No. 6 fuels are residual fuels. Note that residual
fuels might not need heating for storage or pumping. Residual fuel grades are specified in ASTM
D396 and ISO 8217.
Responsible Corporate Officer or RCO means a person who is authorized by the
regulated party to make representations on behalf of or obligate the company as ultimately
responsible for any activity regulated under this part (e.g., refining, importing, blending). An
example is an officer of a corporation under the laws of incorporation of the state in which the
company is incorporated. Examples of positions in non-corporate business structures that qualify
are owner, chief executive officer, president, or operations manager.
Retail outlet means any establishment at which gasoline, diesel fuel, methanol, natural
gas, E85, or LPG is sold or offered for sale for use in motor vehicles or nonroad engines,
including locomotive engines or marine engines.
Retailer means any person who owns, leases, operates, controls, or supervises a retail
outlet.
RFG covered area means the geographic areas specified in §1090.370 in which only
RFG may be sold or dispensed to ultimate consumers.
RFG opt-in area means an area that becomes a covered area under §1090.370 under 42
U.S.C. § 7545(k)(6).
Round (rounded, rounding) has the meaning given in §1090.50.
State Implementation Plan or SIP means the portion or portions of a state's
implementation plan, or most recent revision thereof, which has been approved under 42 U.S.C.
§7410, promulgated under 42 U.S.C. § 7410(c), or promulgated or approved under regulations
promulgated under 42 U.S.C. § 7601(d) and which implements the relevant requirements of the
Clean Air Act.
Summer gasoline means gasoline that is designated for use in the summer season.
Summer season or high ozone season means the period from June 1 to September 15 for
retailers and WPCs, and May 1 to September 15 for all other persons of any calendar year, or a
period in any SIP RVP provision approved or promulgated under 42 U.S.C. § 7410 or 7502,
whichever is longer.
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Tank truck means a truck used for transporting fuel, fuel additive, or regulated
blendstock.
Transmix means any of the following mixtures of fuels, which no longer meet the
specifications for a fuel that can be used or sold as a fuel without further processing:
(1) Pipeline interface that is not cut into the adjacent products.
(2) Mixtures produced by unintentionally combining gasoline and distillate fuels.
(3) Mixtures produced from normal business operations at terminals or pipelines, such as
gasoline or distillate fuel drained from a tank or drained from piping or hoses used to transfer
gasoline or distillate fuel to tanks or trucks, or gasoline or distillate fuel discharged from a safety
relief valve that are segregated for further processing.
(4) Incidental mixtures that occur during normal pipeline and terminal operation such as
volumes captured in sumps or product trapped in pumps or valve manifolds that are injected into
batches of fuel under §1090.520.
Transmix blender means any person who owns, leases, operates, controls, or supervises a
transmix blending facility.
Transmix blending facility means any facility that produces gasoline by blending
transmix into PCG.
Transmix distillate product or TDP means the diesel fuel blendstock that is produced
when transmix is separated into blendstocks at a transmix processing facility.
Transmix gasoline product or TGP means the gasoline blendstock that is produced when
transmix is separated into blendstocks at a transmix processing facility.
Transmix processing facility means any facility that produces TGP and/or TDP from
transmix by distillation or other refining processes, but does not produce gasoline or diesel fuel
by processing crude oil.
Transmix processor means any person who owns, leases, operates, controls, or supervises
a transmix processing facility. Transmix processors are fuel manufacturers.
Ultra low-sulfur diesel or ULSD means diesel fuel certified to meet the standards in
§1090.405.
United States means the 50 states, the District of Columbia, the Commonwealth of Puerto
Rico, the Commonwealth of the Northern Mariana Islands, Guam, American Samoa, and the
U.S. Virgin Islands.
Wholesale purchaser-consumer or WPC means any person that is an ultimate consumer
of fuels and who purchases or obtains fuels for use in motor vehicles or nonroad engines,
including locomotive engines or marine engines and, in the case of liquid fuels, receives delivery
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of that product into a storage tank of at least 550-gallon capacity substantially under the control
of that person.
Winter gasoline means gasoline that is not subject to the volatility standards in
§1090.315.
Winter season means any time outside of the summer season or regulatory control period.
§1090.90 Acronyms and abbreviations.
500 ppm LM diesel fuel
As defined in §1090.80
ABT
averaging, banking, and trading
ARV
accepted reference value
BOB
Gasoline before oxygenate blending
CARB
California Air Resources Board
CFR
Code of Federal Regulations
CG
conventional gasoline
DFE
denatured fuel ethanol
DVPE
Dry vapor pressure equivalent
E0
As defined in §1090.80
E10
As defined in §1090.80
E15
As defined in §1090.80
E200
As defined in §1090.80
E300
As defined in §1090.80
ECA marine fuel
As defined in §1090.80
EPA
Environmental Protection Agency
GTAB
gasoline treated as blendstock
IMO marine fuel
As defined in §1090.80
LAC
lowest additive concentration
LLOQ
laboratory limit of quantitation
MARPOL Annex VI
The International Convention for the Prevention of Pollution from
Ships, 1973 as modified by the Protocol of 1978 Annex VI
NAAQS
National Ambient Air Quality Standard
NARA
National Archives and Records Administration
NGL
natural gas liquids
NIST
National Institute for Standards and Technology
PCG
previously certified gasoline
PLOQ
published limit of quantitation
ppm (mg/kg)
parts per million (or milligram per kilogram)
PTD
product transfer document
R&D
research and development
RCO
responsible corporate officer
RFG
reformulated gasoline
RFS
renewable fuel standard
RVP
Reid vapor pressure
SIP
state implementation plan
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SQC
statistical quality control
T10, T50, T90
temperatures representing the points in a distillation process where
10, 50, and 90 percent of the sample evaporates, respectively
TDP
transmix diesel products
TGP
transmix gasoline products
U.S.
United States
U.S.C.
United States Code
ULSD
ultra low-sulfur diesel fuel
VCSB
voluntary consensus standards body
§1090.95 Incorporation by reference.
(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. To enforce any
edition other than that specified in this section, the EPA must publish a document in the Federal
Register and the material must be available to the public. All approved material is available for
inspection 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, and is
available from the sources listed in this section. It is also available for inspection at the National
Archives and Records Administration (NARA). For information on the availability of this
material at NARA, call (202) 741-6030, or go to
www.archives.gov federal register code of federal regulations ihr locations.html.
(b) The Institute of Internal Auditors, 1035 Greenwood Blvd, Suite 401, Lake Mary, FL
32746, or www.theiia.org or (407) 937-1111.
(1) International Standards for the Professional Practice of Internal Auditing (Standards),
Revised October 2016; IBR approved for §1090.1800.
(2) [Reserved]
(c) American Institute of Certified Public Accountants, 220 Leigh Farm Rd, Durham, NC
27707-8110, or www.aicpa.org, or (888) 777-7077.
(1) Statements on Standards for Attestation Engagements (SSAE) No. 18, Attestation
Standards: Clarification and Recodification, Revised April 2016; IBR approved for §1090.1800.
(2) [Reserved]
(d) National Institute of Standards and Technology, 100 Bureau Dr., Stop 1070,
Gaithersburg, MD 20899-1070, (301) 975-6478, or www.nist.gov.
(1) NIST Handbook 158, 2016 Edition, Field Sampling Procedures for Fuel and Motor
Oil Quality Testing—A Handbook for Use by Fuel and Oil Quality Regulatory Officials, April
2016; IBR approved for §1090.XXX.
(2) [Reserved]
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(e) ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West Conshohocken, PA
19428-2959, (877) 909-2786, or www.astm.org.
(1) ASTM D86-07, Standard Test Method for Distillation of Petroleum Products at
Atmospheric Pressure, approved January 15, 2007 ("ASTM D86"); IBR approved for
§1090. XXX.
(2) ASTM D86-17, Standard Test Method for Distillation of Petroleum Products and
Liquid Fuels at Atmospheric Pressure, approved May 1, 2017 ("ASTM D86"); IBR approved for
§1090. XXX.
(3) ASTM D287-12b, Standard Test Method for API Gravity of Crude Petroleum and
Petroleum Products (Hydrometer Method), approved June 1, 2012 ("ASTM D287"); IBR
approved for §1090.XXX.
(4) ASTMD975-18, Standard Specification for Diesel Fuel Oils, approved April 1, 2018
("ASTM D975"); IBR approved for §1090.XXX.
(5) ASTM D976-06 (Reapproved 2016), Standard Test Method for Calculated Cetane
Index of Distillate Fuels, approved April 1, 2016 ("ASTM D976"); IBR approved for
§1090. XXX.
(6) ASTM D1298-12b (Reapproved 2017), Standard Test Method for Density, Relative
Density, or API Gravity of Crude Petroleum and Liquid Petroleum Products by Hydrometer
Method, approved July 15, 2017 ("ASTM D1298"); IBR approved for §1090.XXX.
(7) ASTM D1319-15, Standard Test Method for Hydrocarbon Types in Liquid Petroleum
Products by Fluorescent Indicator Adsorption, approved December 1, 2015 ("ASTM D1319");
IBR approved for §1090.XXX.
(8) ASTM D2163-14el, Standard Test Method for Determination of Hydrocarbons in
Liquefied Petroleum (LP) Gases and Propane/Propene Mixtures by Gas Chromatography,
approved January 1, 2014 ("ASTM D2163"); IBR approved for §1090.XXX.
(9) ASTM D2622-16, Standard Test Method for Sulfur in Petroleum Products by
Wavelength Dispersive X-ray Fluorescence Spectrometry, approved January 1, 2016 ("ASTM
D2622"); IBR approved for §1090.XXX.
(10) ASTM D3231-18, Standard Test Method for Phosphorus in Gasoline, approved
April 1, 2018 ("ASTM D3231"); IBR approved for §1090.XXX.
(11) ASTM D3237-17, Standard Test Method for Lead in Gasoline by Atomic
Absorption Spectroscopy, approved June 1, 2017 ("ASTM D3237"); IBR approved for
§1090. XXX.
(12) ASTM D3606-17, Standard Test Method for Determination of Benzene and Toluene
in Spark Ignition Fuels by Gas Chromatography, approved December 1, 2017 ("ASTM D3606");
IBR approved for §1090.XXX.
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(13) ASTM D4052-18, Standard Test Method for Density, Relative Density, and API
Gravity of Liquids by Digital Density Meter, approved May 1, 2018 ("ASTM D4052"); IBR
approved for §1090.XXX.
(14) ASTM D4057-12, Standard Practice for Manual Sampling of Petroleum and
Petroleum Products, approved December 1, 2012 ("ASTM D4057"); IBR approved for
§1090. XXX.
(15) ASTM D4177-16el Standard Practice for Automatic Sampling of Petroleum and
Petroleum Products, approved October 1, 2016 ("ASTM D4177"); IBR approved for
§1090. XXX.
(16) ASTM D4737-10 (Reapproved 2016), Standard Test Method for Calculated Cetane
Index by Four Variable Equation, approved July 1, 2016 ("ASTM D4737"); IBR approved for
§1090.1350(c).
(17) ASTM D4806-13a, Standard Specification for Denatured Fuel Ethanol for Blending
with Gasolines for Use as Automotive Spark-Ignition Engine Fuel, approved June 15, 2013
("ASTM D4806"); IBR approved for §1090.XXX.
(18) ASTM D4806-17, Standard Specification for Denatured Fuel Ethanol for Blending
with Gasolines for Use as Automotive Spark-Ignition Engine Fuel, approved July 1, 2017
("ASTM D4806"); IBR approved for §1090.XXX.
(19) ASTM D4814-18, Standard Specification for Automotive Spark-Ignition Engine
Fuel, approved April 1, 2018 ("ASTM D4814"); IBR approved for §§1090.80 and 1090.XXX.
(20) ASTM D5191-15, Standard Test Method for Vapor Pressure of Petroleum Products
(Mini Method), approved October 1, 2015 ("ASTM D5191"); IBR approved for §1090.XXX.
(21) ASTM D5453-16el, Standard Test Method for Determination of Total Sulfur in
Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel Engine Fuel, and Engine Oil by
Ultraviolet Fluorescence, approved April 15, 2016, ("ASTM D5453"); IBR approved for
§§1090.80 and 1090.XXX.
(22) ASTM D5500-16 Standard Test Method for Vehicle of Unleaded Automotive
Spark-Ignition Engine Fuel for Intake Deposit Formation, approved January 1, 2016, ("ASTM
D5500"); IBR approved for §1090.XXX.
(23) ASTM D5599-17, Standard Test Method for Determination of Oxygenates in
Gasoline by Gas Chromatography and Oxygen Selective Flame Ionization Detection, approved
May 1, 2017 ("ASTM D5599"); IBR approved for §1090.XXX.
(24) ASTM D5769-15, Standard Test Method for Determination of Benzene, Toluene,
and Total Aromatics in Finished Gasolines by Gas Chromatography/Mass Spectrometry,
approved October 1, 2010 ("ASTM D5769"); IBR approved for §1090.XXX.
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(25) ASTM D5842-17, Standard Practice for Sampling and Handling of Fuels for
Volatility Measurement, approved July 1, 2017 ("ASTM D5842"); IBR approved for
§1090. XXX.
(26) ASTM D5854-96 (Reapproved 2015), Standard Practice for Mixing and Handling of
Liquid Samples of Petroleum and Petroleum Products, approved April 1, 2015 ("ASTM
D5854"); IBR approved for §1090.XXX.
(27) ASTM D6201-18, Standard Test Method for Dynamometer Evaluation of Unleaded
Spark-Ignition Engine Fuel for Intake Valve Deposit Formation, approved July 1, 2018 ("ASTM
D6201"); IBR approved for §1090.XXX.
(28) ASTM D6299-18, Standard Practice for Applying Statistical Quality Assurance and
Control Charting Techniques to Evaluate Analytical Measurement System Performance,
approved April 1, 2018 ("ASTM D6299"); IBR approved for §1090.XXX.
(29) ASTM D6550-15, Standard Test Method for Determination of Olefin Content of
Gasolines by Supercritical-Fluid Chromatography, approved December 1, 2015 ("ASTM
D6550"); IBR approved for §1090.1350(f).
(30) ASTM D6667-14, Standard Test Method for Determination of Total Volatile Sulfur
in Gaseous Hydrocarbons and Liquefied Petroleum Gases by Ultraviolet Fluorescence, approved
October 1, 2014 ("ASTM D6667"); IBR approved for §1090.XXX.
(31) ASTM D6708-18, Standard Practice for Statistical Assessment and Improvement of
Expected Agreement Between Two Test Methods that Purport to Measure the Same Property of
a Material, approved April 1, 2018 ("ASTM D6708"); IBR approved for §1090.XXX.
(32) ASTM D6729-14, Standard Test Method for Determination of Individual
Components in Spark Ignition Engine Fuels by 100 Metre Capillary High Resolution Gas
Chromatography, approved October 1, 2014 ("ASTM D6729"); IBR approved for §1090.XXX.
(33) ASTM D6730-01 (Reapproved 2016), Standard Test Method for Determination of
Individual Components in Spark Ignition Engine Fuels by 100-Metre Capillary (with
Precolumn) High-Resolution Gas Chromatography, approved October 1, 2016 ("ASTM
D6730"); IBR approved for §1090.XXX.
(34) ASTM D7039-15a, Standard Test Method for Sulfur in Gasoline, Diesel Fuel, Jet
Fuel, Kerosine, Biodiesel, Biodiesel Blends, and Gasoline-Ethanol Blends by Monochromatic
Wavelength Dispersive X-ray Fluorescence Spectrometry, approved July 1, 2015 ("ASTM
D7039"); IBR approved for §1090.XXX.
(35) ASTM D7717-11 (Reapproved 2017), Standard Practice for Preparing Volumetric
Blends of Denatured Fuel Ethanol and Gasoline Blendstocks for Laboratory Analysis, approved
May 1, 2017 ("ASTM D7717"); IBR approved for §1090.XXX.
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Subpart B—General Requirements and Provisions for Regulated Parties
§1090.100 General provisions.
This subpart covers the general requirements and other provisions applicable to any
regulated party under this part. Regulated parties are required to comply with all applicable
requirements of this part, regardless of whether they are identified in this subpart. Any person
that produces, sells, transfers, supplies, dispenses or distributes fuel, fuel additive, or regulated
blendstock must comply with all applicable requirements listed in this section.
(a) Recordkeeping. Any party that engages in activities that are regulated under this part
must comply with recordkeeping requirements under subpart L of this part.
(b) Compliance and enforcement. Any party that engages in activities that are regulated
under this part are subject to compliance and enforcement provisions under subpart Q 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) In addition to the requirements in §§1090.100 and 1090.105 that apply to importers
based on the fuel, fuel additive, or regulated blendstock being imported, importers must also
comply with subpart P of this part.
§1090.105 Fuel manufacturers.
This section outlines requirements applicable to fuel manufacturers. Gasoline
manufacturers must comply with the requirements of paragraph (a) of this section and diesel fuel
and IMO marine fuel manufacturers must comply with the requirements of paragraph (b) of this
section.
(a) Gasoline manufacturers. Except as specified otherwise in this subpart, all gasoline
manufacturers must comply with the following requirements:
(1) Producing compliant gasoline. Gasoline manufacturers must produce and certify
gasoline under subpart C of this part.
(2) Registration. Gasoline manufacturers must register with EPA under subpart I of this
part.
(3) PTDs. On each occasion when a gasoline manufacturer transfers custody of or title to
any gasoline, the transferor must provide to the transferee PTDs under subpart K of this part.
(4) Reporting. Gasoline manufacturers must submit reports to EPA under subpart J of this
part.
(5) Sampling, testing, and sample retention. Gasoline manufacturers must conduct
sampling, testing, and sample retention in accordance with subpart M of this part.
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(6) Surveys. Gasoline manufacturers may participate in applicable fuel surveys under
subpart N of this part.
(7) Annual attest engagement. Gasoline manufacturers must submit annual attest
engagement reports to EPA under subpart R of this part.
(b) Diesel fuel and IMO marine fuel manufacturers. Diesel fuel and IMO marine fuel
manufacturers must comply with the following requirements, as applicable:
(1) Producing compliant diesel fuel and IMO marine fuel. Diesel fuel and IMO marine
fuel manufacturers must produce and certify diesel fuel and IMO marine fuel under subpart D of
this part.
(2) Registration. Diesel fuel and IMO marine fuel manufacturers must register with EPA
under subpart I of this part.
(3) PTDs. On each occasion when a diesel fuel and IMO marine fuel manufacturer
transfers custody or title to any diesel fuel, the transferor must provide to the transferee PTDs
under subpart K of this part.
(4) Sampling, testing, and retention requirements. Diesel fuel and IMO marine fuel
manufacturers must conduct sampling, testing, and sample retention in accordance with subpart
M of this part.
(5) Surveys. Diesel fuel manufacturers may participate in applicable fuel surveys under
subpart N of this part.
§1090.110 Detergent blenders.
Detergent blenders must comply with the requirements of this section.
(a) Gasoline standards. Detergent blenders must comply with the applicable
requirements of subpart C of this part.
(b) PTDs. On each occasion when a detergent blender transfers custody of or title to any
fuel, fuel additive, or regulated blendstock, the transferor must provide to the transferee PTDs
under subpart K of this part.
§1090.115 Oxygenate blenders.
Oxygenate blenders must comply with the requirements of this section.
(a) Gasoline standards. Oxygenate blenders must comply with the applicable
requirements of subpart C of this part.
(b) Registration. Oxygenate blenders must register with EPA under subpart I of this part.
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(c) PTDs. On each occasion when an oxygenate blender transfers custody or title to any
fuel, fuel additive, or regulated blendstock, the transferor must provide to the transferee PTDs
under subpart K of this part.
(d) Oxygenate blending requirements. Oxygenate blenders must follow blending
instructions as specified for gasoline manufacturers in §1090.710 unless the oxygenate blender
recertifies BOBs under §1090.740.
§1090.120 Oxygenate producers.
This section outlines requirements applicable to oxygenate producers (e.g., DFE and
isobutanol producers). DFE producers must comply with all requirements for oxygenate
producers and all additional requirements specified in paragraph (b) of this section based on the
requirements for ethanol denaturant.
(a) Oxygenate producers must comply with the following requirements:
(1) Gasoline standards. Oxygenate producers must comply with the applicable
requirements of subpart C of this part.
(2) Registration. Oxygenate producers must register with EPA under subpart I of this
part.
(3) Reporting. Oxygenate producers must submit reports to EPA under subpart J of this
part.
(4) PTDs. On each occasion when an oxygenate producer transfers custody or title to any
fuel, fuel additive, or regulated blendstock, the transferor must provide to the transferee PTDs
under subpart K of this part.
(5) Sampling, testing, and retention requirements. Oxygenate producers must conduct
sampling, testing, and sample retention in accordance with subpart M of this part.
(b) Additional requirements for DFE producers. In addition to the requirements and
provisions specified in paragraph (a) of this section, DFE producers must meet the following
requirements:
(1) Use denaturant that complies with the requirements specified in §1090.XXX.
(2) Participate in a survey program conducted by an independent surveyor under subpart
N of this part if the DFE producer produces DFE made available for use in the production of
E15.
§1090.125 Certified butane producers.
Certified butane producers must comply with the requirements of this section.
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(a) Gasoline standards. Certified butane producers must comply with the applicable
requirements of subpart C of this part.
(b) PTDs. On each occasion when a certified butane producer transfers custody of or title
to any certified butane, the transferor must provide to the transferee PTDs under subpart K of
this part.
(c) Sampling, testing, and retention requirements. Certified butane producers must
conduct sampling, testing, and sample retention in accordance with subpart M of this part.
§1090.130 Certified butane blenders.
Certified butane blenders that blend certified butane into PCG are gasoline manufacturers
and may comply with the requirements of this section in lieu of the requirements in §1090.105.
(a) Gasoline standards. Certified butane blenders must comply with the applicable
requirements of subpart C of this part.
(b) Registration. Certified butane blenders must register with EPA under subpart I of this
part.
(c) Reporting. Certified butane blenders must submit reports to EPA under subpart J of
this part.
(d) Sampling, testing, and retention requirements. Certified butane blenders must conduct
sampling, testing, and sample retention in accordance with subpart M of this part.
(e) PTDs. When certified butane is blended with PCG, PTDs that accompany the gasoline
blended with certified butane must comply with subpart K of this part.
(f) Survey. Certified butane blenders may participate in the applicable fuel surveys of
subpart N of this part.
(g) Annual attest engagement. Certified butane blenders must submit annual attest
engagement reports to EPA under subpart R of this part.
§1090.135 Certified pentane producers.
Certified pentane producers must comply with the requirements of this section.
(a) Gasoline standards. Certified pentane producers must comply with the applicable
requirements of subpart C of this part.
(b) Registration. Certified pentane producers must register with EPA under subpart I of
this part.
(c) Reporting. Certified pentane producers must submit reports to EPA under subpart J of
this part.
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(d) PTDs. On each occasion when a certified pentane producer transfers custody of or
title to any certified pentane, the transferor must provide to the transferee PTDs under subpart K
of this part.
(e) Sampling, testing, and retention requirements. Certified pentane producers and
importers must conduct sampling, testing, and sample retention in accordance with subpart M of
this part.
§1090.140 Certified pentane blenders.
Certified pentane blenders that blend certified pentane into PCG are gasoline
manufacturers and may comply with the requirements of this section in lieu of the requirements
in §1090.105.
(a) Gasoline standards. Certified pentane blenders must comply with the applicable
requirements of subpart C of this part.
(b) Registration. Certified pentane blenders must register with EPA under subpart I of
this part.
(c) Reporting. Certified pentane blenders must submit reports to EPA under subpart J of
this part.
(d) Sampling, testing, and retention requirements. Certified pentane blenders must
conduct sampling, testing, and sample retention in accordance with subpart M of this part.
(e) PTDs. When certified pentane is blended with PCG, PTDs that accompany the
gasoline blended with pentane must comply with subpart K of this part.
(f) Survey. Certified pentane blenders may participate in the applicable fuel surveys of
subpart N of this part.
(g) Annual attest engagement. Certified pentane blenders must submit annual attest
engagement reports to EPA under subpart R of this part.
§1090.145 Transmix processors.
Transmix processors are fuel manufacturers and may comply with the requirements of
this section in lieu of the requirements in §1090.105.
(a) Transmix requirements. Transmix processors must comply with the transmix
requirements of subpart E of this part.
(b) Registration. Transmix processors must register with EPA under subpart I of this part.
(c) PTDs. On each occasion when a transmix processor transfers custody of or title to any
fuel, fuel additive, or regulated blendstock, the transferor must provide to the transferee PTDs
under subpart K of this part.
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(d) Sampling, testing, and retention requirements. Transmix processors must conduct
sampling, testing, and sample retention in accordance with subparts E and M of this part.
(e) Reporting. Transmix processors must submit reports to EPA under subpart J of this
part.
§1090.150 Transmix blenders.
Transmix blenders are fuel manufacturers and may comply with the requirements of this
section in lieu of the requirements in §1090.105.
(a) Transmix requirements. Transmix blenders must comply with the transmix
requirements of subpart E of this part.
(b) PTDs. On each occasion when a transmix blender transfers custody or title to any
fuel, fuel additive, or regulated blendstock, the transferor must provide to the transferee PTDs
under subpart K of this part.
(c) Sampling, testing, and retention requirements. Transmix blenders must conduct
sampling, testing, and sample retention in accordance with subparts E and M of this part.
(d) Reporting. Transmix blenders must submit reports to EPA under subpart J of this part.
§1090.155 Fuel additive manufacturers.
This section outlines requirements applicable to fuel additive manufacturers. Gasoline
additive manufacturers must comply with the requirements of paragraph (a) of this section, diesel
fuel additive manufacturers must comply with the requirements of paragraph (b) of this section,
and certified ethanol denaturant producers must comply with the requirements of paragraph (c)
of this section.
(a) Gasoline additive manufacturers. Gasoline additive manufacturers that produce
additives with a maximum allowed concentration of less than 1.0 volume percent must meet the
following requirements:
(1) Gasoline standards. Gasoline additive manufacturers must produce gasoline additives
that comply with subpart C of this part.
(2) 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
K of this part.
(3) Gasoline detergent manufacturers. Gasoline detergent manufacturers must comply
with the following requirements:
(i) Part 79 registration and LAC determination. Gasoline detergent manufacturers must
register gasoline detergent(s) under 40 CFR 79.21 at a concentration that is equal or greater to
the LAC reported by the gasoline detergent manufacturer under 40 CFR 79.21(j). Note that EPA
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provides a list of detergents that have been certified by the gasoline detergent manufacturer as
meeting the deposit control requirement on EPA's website (Search for "List of Certified
Detergent Additives").
(ii) Gasoline standards. Report the LAC that is compliant with the gasoline deposit
control requirements in §1090.340(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 K of this part.
(iv) Sampling, testing, and retention requirements. In order to certify new gasoline
detergents, gasoline detergent manufacturers must conduct sampling, testing, and sample
retention in accordance with subpart M of this part.
(b) Diesel fuel additive manufacturers. Diesel fuel additive manufacturers that produce
additives with a maximum allowed concentration of less than 1.0 volume percent must meet the
following requirements:
(1) Diesel fuel standards. Diesel fuel additive manufacturers must produce diesel fuel
additives that comply with subpart D of this part.
(2) PTDs. On each occasion when a diesel fuel additive manufacturer transfers custody of
or title to any diesel additive, the transferor must provide to the transferee PTDs under subpart K
of this part.
(c) Certified ethanol denaturantproducers and importers. Certified ethanol denaturant
producers must meet the following requirements:
(1) Certification of certified ethanol denaturant. Certified ethanol denaturant producers
and importers must certify that certified ethanol denaturant meets the requirements in
§1090. XXX.
(2) Registration. Certified ethanol denaturant producers and importers must register with
EPA under subpart I of this part.
(3) PTDs. On each occasion when a certified ethanol denaturant producer transfers
custody or title to any fuel, fuel additive, or regulated blendstock, the transferor must provide to
the transferee PTDs under subpart K of this part.
§1090.160 Distributors, carriers, and resellers.
Distributors, carriers, and resellers must comply with the requirements of this section.
(a) Registration. Distributors, carriers, and resellers must register with EPA under subpart
I of this part if they are part of the 500 ppm LM diesel fuel distribution chain under a compliance
plan submitted under §1090.XXX.
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(b) PTDs. Distributors, carriers, and resellers may have specific PTD requirements under
subpart K of this part. For example, a distributor that adds diluent to a gasoline detergent may
have to modify the PTD for the gasoline detergent to specify a new minimum concentration that
complies with the deposit control requirements under §1090.XXX.
§1090.165 Retailers and WPCs.
Retailers and WPCs must comply with the requirements of this section.
(a) Labeling. Retailers and WPCs that dispense fuels requiring a label under this part
must display fuel labels under subpart O of this part.
(b) Fuel manufacturing activities. Retailers and WPCs that engage in fuel manufacturing
activities become fuel manufacturers and are subject to the requirements in §1090.105. For
example, retailers that produce El 5 through a blender pump with PCG and E85 (made with DFE
and NGLs) must comply with the applicable requirements under this part for a gasoline
manufacturer.
§1090.170 Independent surveyors.
Independent surveyors that conduct fuel surveys must comply with the requirements of
this section.
(a) Survey provisions. Independent surveyors must conduct fuel surveys under subpart N
of this part.
(b) Registration. Independent surveyors must register with EPA under subpart I of this
part.
(c) Sampling, testing, and retention requirements. Independent surveyors must conduct
sampling, testing, and sample retention in accordance with subpart M of this part.
(d) Reporting. Independent surveyors must submit reports to EPA under subpart J of this
part.
(e) Independence requirements. In order to perform a survey program under subpart N of
this part, independent surveyors must meet the independence requirements in §1090.55.
§1090.175 Auditors.
Auditors that conduct audits for responsible parties under this part must comply with the
requirements of this section.
(a) Registration. Auditors must register with EPA under subpart I of this part.
(b) Reporting. Auditors must submit reports to EPA under subpart J of this part.
(c) Attest engagement. Auditors must conduct audits under subpart R of this part.
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(d) Independence requirements. In order to perform an annual attest engagement under
subpart R of this part, auditors must meet the independence requirements in §1090.55 if they are
a certified public accountant.
§1090.180 Pipeline operators.
Pipeline operators must comply with the requirements of this section.
(a) PTDs. Pipeline operators must maintain PTDs for the fuel, fuel additive, or regulated
blendstock that they take custody of that is subject to the standards in subpart C or D of this part
and for heating oil.
(b) [Reserved]
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Subpart C—Gasoline Standards
§1090.300 Overview and general requirements.
(a) Except as specified in subpart G of this part, gasoline, gasoline fuel additives, and
regulated gasoline blendstocks are subject to the standards in this subpart.
(b) Except for the sulfur average standard in §1090.305(a) and the benzene average
standards in §1090.310(a) and (b), the standards in this part apply to gasoline, gasoline fuel
additives, and regulated gasoline blendstocks on a per-gallon basis. Gasoline manufacturers and
gasoline fuel additive manufacturers (including oxygenate producers), certified ethanol
denaturant producers, and regulated gasoline blendstock producers (e.g., certified butane and
pentane producers) must demonstrate compliance with the per-gallon standards in this subpart by
measuring fuel parameters in accordance with subpart M of this part.
(c) The sulfur average standard in §1090.305(a) and the benzene average standards in
§1090.310(a) and (b) apply to all gasoline produced by a fuel manufacturer during a compliance
period. Fuel manufacturers must demonstrate compliance with average standards by measuring
fuel parameters in accordance with subpart M of this part and by determining compliance under
subpart H of this part.
(d) No person may produce, import, sell, offer for sale, distribute, offer to distribute,
supply, offer for supply, dispense, store, transport, or introduce into commerce any gasoline,
gasoline fuel additive, regulated gasoline blendstock, oxygenate, or certified ethanol denaturant
that exceeds any per-gallon standard set forth in this subpart.
(e) No person may sell, offer for sale, supply, offer for supply, dispense, transport, or
introduce into commerce for use as fuel in any motor vehicle (as defined in Section 216(2) of the
Clean Air Act, 42 U.S.C. § 7550(2)) any gasoline that is produced with the use of additives
containing lead, that contains more than 0.05 gram of lead per gallon, or that contains more than
0.005 grams of phosphorous per gallon.
§1090.305 Sulfur standards.
Except as specified in subpart G of this part, all gasoline is subject to the following sulfur
standards:
(a) Sulfur average standard. Gasoline manufacturers must meet a sulfur average standard
of 10.00 ppm for each compliance period under subpart H of this part.
(b) Fuel manufacturing facility gate sulfur per-gallon standard. Gasoline at any fuel
manufacturing facility gate is subject to a maximum sulfur per-gallon standard of 80 ppm.
(c) Downstream location sulfur per-gallon standard. Gasoline at any downstream
location is subject to a maximum sulfur per-gallon standard of 95 ppm.
(d) Sulfur standardfor importers that import gasoline by truck or rail. Importers that
import gasoline by truck or rail may comply with a maximum sulfur per-gallon standard of 10
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ppm instead of the average standard in paragraph (a) of this section and the sulfur per-gallon
standards in paragraphs (b) and (c) of this section.
§1090.310 Benzene standards.
Except as specified in subpart G of this part, all gasoline is subject to the following
benzene standards:
(a) Benzene average standard. Gasoline manufacturers must meet a benzene average
standard of 0.62 volume percent for each compliance period under subpart H of this part.
(b) Maximum benzene average standard. Gasoline manufacturers must meet a maximum
benzene average standard of 1.30 volume percent without the use of credits for each compliance
period under subpart H of this part.
(c) Benzene standardfor importers that import gasoline by truck or rail. Importers that
import gasoline by truck or rail may comply with a 0.62 volume percent benzene per-gallon
standard instead of the average standard in paragraph (a) of this section and the maximum
average standard in paragraph (b) of this section.
§1090.315 Gasoline volatility standards.
Except as specified in subpart G of this part and paragraph (e) of this section, all gasoline
at any location in the United States during the summer season and all gasoline designated as
summer gasoline is subject to a maximum RVP per-gallon standard in this section.
(a) Federal 9.0 psi maximum RVP per-gallon standard. All summer gasoline must meet a
maximum RVP per-gallon standard of 9.0 psi unless the summer gasoline is subject to one of the
following lower maximum RVP per-gallon standards:
(1) Summer gasoline in areas defined in paragraph (b) of this section must meet a 7.8 psi
maximum RVP per-gallon standard.
(2) Summer gasoline in RFG areas specified in §1090.370 must meet the maximum RVP
per-gallon standard set forth in paragraph (c) of this section.
(3) Summer gasoline in areas subject to the California reformulated gasoline regulations
must comply with those regulations under Title 13, sections 2250-2273.5 of the California Code
of Regulations.
(4) Summer gasoline in areas subject to a SIP-approved state fuel rule that requires an
RVP of less than 9.0 psi must meet the requirements of the federally approved SIP.
(b) Federal 7.8psi standard. Gasoline designated as 7.8 psi summer gasoline or located
in the following areas must meet a maximum RVP per-gallon standard of 7.8 psi during the
summer season:
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Colorado. Denver-Boulder-Greeley-Ft. Collins-Loveland: Adams; Arapahoe; Boulder;
Broomfield, Denver; Douglas; Jefferson; Larimer (part)1; and Weld (part)2 Counties.
Georgia. Atlanta: Cherokee; Clayton; Cobb; Coweta; Dekalb; Douglas; Fayette; Forsyth;
Fulton; Gwinnett; Henry; Paulding; and Rockdale Counties.
Nevada. Reno: Washoe County.
Oregon. Portland: Clackamas (part)3; Multnomah (part)4; and Washington (part)5
Counties.
Oregon. Salem: Marion (part)6; and Polk Counties (part)7.
Texas. Beaumont-Port Arthur: Hardin; Jefferson; and Orange Counties.
Utah. Salt Lake City: Salt Lake; and Davis Counties.
(c) RFG maximum RVPper-gallon standard. Gasoline designated as 7.4 psi summer
gasoline or located in RFG areas specified in §1090.370 must meet a maximum RVP per-gallon
standard of 7.4 psi.
(d) Ethanol 1.0psi waiver. (1) Any gasoline subject to a federal RVP requirement in
paragraph (a) or (b) of this section that meets the requirements of paragraph (d)(2) of this section
is not in violation of this section if its RVP does not exceed the applicable standard in paragraph
(a) or (b) of this section by more than 1.0 psi.
(2) To qualify for the special regulatory treatment specified in paragraph (d)(1) of this
section, gasoline must meet the applicable RVP per-gallon standard in paragraph (a) or (b) of this
section prior to the addition of ethanol and must contain ethanol at a concentration of at least 9
volume percent and no more than 10 volume percent.
(3) El 5 does not receive the 1.0 psi waiver specified in paragraph (d)(1) of this section.
1 (Includes part of Rocky Mtn. Nat. Park). That portion of the county that lies south of a line described as follows:
Beginning at a point on Larimer County's eastern boundary and Weld County's western boundary intersected by 40
degrees, 42 minutes, and 47.1 seconds north latitude, proceed west to a point defined by the intersection of 40
degrees, 42 minutes, 47.1 seconds north latitude and 105 degrees, 29 minutes, and 40.0 seconds west longitude,
thence proceed south on 105 degrees, 29 minutes, 40.0 seconds west longitude to the intersection with 40 degrees,
33 minutes and 17.4 seconds north latitude, thence proceed west on 40 degrees, 33 minutes, 17.4 seconds north
latitude until this line intersects Larimer County's western boundary and Grand County's eastern boundary.
2 That portion of the county that lies south of a line described as follows: Beginning at a point on Weld County's
eastern boundary and Logan County's western boundary intersected by 40 degrees, 42 minutes, 47.1 seconds north
latitude, proceed west on 40 degrees, 42 minutes, 47.1 seconds north latitude until this line intersects Weld County's
western boundary and Larimer County's eastern boundary.
3 Air Quality Maintenance Area.
4 Air Quality Maintenance Area.
5 Air Quality Maintenance Area.
6 Salem Area Transportation Study.
7 Salem Area Transportation Study.
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(e) The RVP per-gallon standard for the area in which the gasoline is located does not
apply to that gasoline if a person can demonstrate one of the following:
(1) The gasoline is designated as winter gasoline and was not sold, offered for sale,
supplied, offered for supply, dispensed, or introduced into commerce during the summer season.
(2) The summer gasoline is designated for use in an area other than the area in which it is
located and was not sold, offered for sale, supplied, offered for supply, dispensed, or introduced
into commerce in that area.
§1090.320 Certified butane standards.
Butane designated as certified butane under the butane blending provisions of
§1090.1320 must meet the following per-gallon standards:
(a) Butane content. Minimum 92 volume percent.
(b) Benzene content. Maximum 0.03 volume percent.
(c) Sulfur content. Maximum 10 ppm.
(d) Chemical composition. Be composed solely of carbon, hydrogen, oxygen, nitrogen,
and sulfur.
§1090.325 Certified pentane standards.
Pentane designated as certified pentane under the pentane blending provisions of
§1090.1320 must meet the following per-gallon standards:
(a) Pentane content. Minimum 95 volume percent.
(b) Benzene content. Maximum 0.03 volume percent.
(c) Sulfur content. Maximum 10 ppm.
(d) Chemical composition. Be composed solely of carbon, hydrogen, oxygen, nitrogen,
and sulfur.
§1090.330 Gasoline oxygenate standards.
(a) All oxygenates designated for blending with gasoline must meet the following per-
gallon standards:
(1) Sulfur content. Maximum 10 ppm.
(2) Chemical composition. Be composed solely of carbon, hydrogen, oxygen, nitrogen,
and sulfur.
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(b) DFE designated for blending into gasoline must meet the following additional
requirements:
(1) Denaturant type. Only PCG, gasoline blendstocks, NGLs, or certified ethanol
denaturant that meets the requirements in §1090.335 may be used as denaturants.
(2) Denaturant concentration. The concentration of all denaturants used in DFE may not
exceed 3.0 volume percent.
§1090.335 Ethanol denaturant standards.
(a) Standardfor all ethanol denaturant. All ethanol denaturant, certified or uncertified,
used to produce DFE must be composed solely of carbon, hydrogen, nitrogen, oxygen and sulfur.
(b) Standards for certified ethanol denaturant. Certified ethanol denaturant must meet the
following requirements:
(1) Sulfurper-gallon standard. The sulfur content must not be greater than 330 ppm. If
the certified ethanol denaturant producer represents a batch of denaturant as having a maximum
sulfur content less than or equal to 330 ppm on the PTD (for example, less than or equal to 120
ppm), then the actual sulfur content must be less than or equal to the stated value.
(2) Denaturant type. Only PCG, gasoline blendstocks, or NGLs may be used to produce
certified ethanol denaturant.
§1090.340 Gasoline deposit control standards.
(a) Except as specified in subpart G of this part, all gasoline that is sold, offered for sale,
dispensed, supplied, offered for supply, or transported to the ultimate consumer for use in motor
vehicles or in any off-road engines, or that is transported to a gasoline retailer or WPC must
contain a detergent at a concentration least as high as the LAC demonstrated to meet one the
deposit control requirements of paragraphs (b)(1) through (4) of this section.
(b) Detergents must be certified by a gasoline detergent manufacturer using one of the
following methods:
(1) The detergent must comply with the deposit control standards and test procedure
requirements specified in §1090.1375.
(2) The detergent must comply with the requirements of the California Air Resources
Board (CARB) for use in the state of California under Title 13, section 2257 of the California
Code of Regulations, under the following restrictions and conditions:
(i) A detergent certified under this option may be used at the LAC specified for use in the
state of California under Title 13, Chapter 5, Article 1 section 2257 of the California Code of
Regulations, only in gasoline that meets the requirements for California reformulated gasoline
under Title 13, Chapter 5, Article 1, California Code of Regulations, Standards for Gasoline.
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(ii) The gasoline must meet one of the following requirements:
(A) Additives must be added in California. Such gasoline may be used in states outside of
California.
(B) Be sold or dispensed to the ultimate consumer in California or to parties that sell or
dispense to the ultimate consumer in California.
(iii) A certification under this option will continue to be valid only as long as the CARB
certification remains valid. The gasoline detergent manufacturer must cease selling a detergent
immediately upon being notified by CARB that the CARB certification for this detergent has
been invalidated and must notify EPA under 40 CFR 79.21.
(3) For detergent certifications prior to January 1, 2021, detergent manufacturers may
comply with the requirements for any of the detergent certification options under 40 CFR
80.163.
(4) For detergent certifications beginning on January 1, 2021, detergent manufacturers
may comply with the requirements for national generic certification option under 40 CFR
80.163(a)(1).
(5) Parties may submit a petition to EPA to approve alternative deposit control test
procedures and standards that have been demonstrated to be equivalent to one of the procedures
and standards specified in paragraph (b)(1), (b)(2), or (b)(4) in this section. EPA will publish a
list of alternative procedures and standards that have been approved on the internet at
www.epa.gov/transportation-air-pollution-and-climate-change, and periodically in the Federal
Register.
§1090.345 RFG standards.
The standards in this section apply to gasoline that is used in the RFG areas listed in
§1090.370. Gasoline that meets the requirements of this section is deemed to be in compliance
with the requirements of 42 U.S.C. § 7545(k).
(a) Sulfur standards. RFG must comply with the sulfur standards in §1090.305.
(b) Benzene standards. RFG must comply with the benzene standards in §1090.310.
(c) Volatility standard. RFGmust comply with the RFGRVP standard in §1090.315(d).
(d) Heavy metals standard. On a per-gallon basis, RFG may contain no heavy metals,
including, but not limited to, lead or manganese. EPA may waive this prohibition for a heavy
metal (other than lead) if EPA determines that addition of the heavy metal to the gasoline will
not increase, on an aggregate mass or cancer-risk basis, toxic air pollutant emissions from motor
vehicles.
(e) Certified butane and certifiedpentane blending limitation. Certified butane and
certified pentane may not be blended with summer RFG or summer RBOB under §1090.XXX.
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§1090.350 Anti-dumping standards.
Gasoline that meets all applicable standards in this subpart is deemed to be in compliance
with the anti-dumping requirements of 42 U.S.C. § 7545(k)(8).
§1090.355 Gasoline fuel additive standards.
(a) Any gasoline fuel additive that is added to, intended for adding to, used in, or offered
for use in gasoline at any downstream location must meet all the following requirements:
(1) Registration. The gasoline fuel additive must be registered by a gasoline fuel additive
manufacturer under 40 CFR part 79.
(2) Sulfur content. The gasoline fuel additive must contribute less than or equal to 3 ppm
on a per-gallon basis to the sulfur content of gasoline when used at the maximum recommended
concentration.
(3) Treatment rate. Except for oxygenates, the gasoline fuel additive(s) must be used at a
maximum treatment rate less than or equal to a combined total of 1.0 volume percent.
(b) Any fuel additive blender who is not otherwise subject to any other requirement in
this part and only blends a gasoline fuel additive that meets the requirements of paragraph (a) of
this section into gasoline is not subject to any requirement in this part solely due to this gasoline
fuel additive blending, except the downstream gasoline sulfur standard in §1090.XXX, if all the
following conditions are met:
(1) The fuel additive blender blends the gasoline fuel additive into gasoline at a
concentration less than or equal to 1.0 volume percent.
(2) The fuel additive blender does not add any other blendstock or fuel additive into the
gasoline except for oxygenates meeting the requirements in §1090.XXX.
(c) Any person who blends any fuel additive that does not meet the requirements of
paragraphs (a) and (b) of this section is a gasoline manufacturer and must comply with all
requirements applicable to gasoline manufacturer in this part.
(d) Any gasoline fuel additive intended for use or used to comply with the gasoline
deposit control standards in §1090.340(a) must have been certified by the gasoline detergent
manufacturer under §1090.340(b).
§1090.360 Gasoline substantially similar provisions.
Gasoline and gasoline fuel additives (including oxygenates) are subject to the
substantially similar requirement in 42 U.S.C. § 7545(f) unless waived under 42 U.S.C. §
7545(f)(4). No fuel or fuel additive manufacturer may introduce into commerce gasoline and
gasoline fuel additives (including oxygenates) that violate any conditions set forth in a waiver
under 42 U.S.C. § 7545(f)(4).
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§1090.365 Requirements for E15.
No person may—
(a) Sell, introduce, cause or permit the sale or introduction of gasoline containing greater
than 10 volume percent ethanol (i.e., greater than E10) into any model year 2000 or older light-
duty gasoline motor vehicle, any heavy-duty gasoline motor vehicle or engine, any highway or
off-highway motorcycle, or any gasoline-powered nonroad engines, vehicles or equipment.
(b) Be prohibited from manufacturing, selling, introducing, or causing or allowing the
sale or introduction of gasoline containing greater than 10 volume percent ethanol into any flex-
fuel vehicle or flex-fuel engine, notwithstanding paragraph (a) of this section.
§1090.370 RFG covered areas.
For purposes of this part, the RFG covered areas are as follows:
(a)(1) RFG covered areas specified in 42 U.S.C. § 7545(k)(10)(D):
Area Designation
State
Counties
Independent
Cities
Los Angeles-
Anaheim-Riverside
California
Los Angeles, Orange, Ventura, San
Bernardino (see paragraph (a)(2) of this
section), Riverside (see paragraph (a)(3)
of this section)
San Diego County
California
San Diego
Greater
Connecticut
Connecticut
Hartford, Middlesex, New Haven, New
London, Tolland, Windham, Fairfield
(only the City of Shelton), Litchfield (all
except the towns of Bridgewater and
New Milford)
New York-
Northern New
Jersey-Long Island-
Connecticut
Connecticut
Fairfield (all except the City of Shelton),
Litchfield (only the towns of
Bridgewater and New Milford)
New Jersey
Bergen, Essex, Hudson, Hunterdon,
Middlesex, Monmouth, Morris, Ocean,
Passaic, Somerset, Sussex, Union
New York
New York, Kings, Queens, Bronx,
Nassau, Richmond, Rockland, Suffolk,
Westchester, Orange, Putnam
Philadelphia-
Wilmington-
Trenton
Delaware
New Castle, Kent
Maryland
Cecil
New Jersey
Burlington, Camden, Cumberland,
Gloucester, Mercer, Salem
Pennsylvania
Bucks, Chester, Delaware, Montgomery,
Philadelphia
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Chicago-Gary-Lake
County
Illinois
Cook, Du Page, Kane, Lake, McHenry,
Will, Grundy (only Aux Sable Township
and Goose Lake Township), Kendall
(only Oswego Township)
Indiana
Lake, Porter
Baltimore
Maryland
Anne Arundel, Baltimore, Carroll,
Harford, Howard
Baltimore
Houston-
Galveston-Brazoria
Texas
Brazoria, Fort Bend, Galveston, Harris,
Liberty, Montgomery, Waller, Chambers
Milwaukee-Racine
Wisconsin
Kenosha, Milwaukee, Ozaukee, Racine,
Washington, Waukesha
(2) That portion of San Bernardino County, CA that lies south of latitude 35 degrees, 10
minutes north and west of longitude 115 degrees, 45 minutes west.
(3) That portion of Riverside County, CA that lies to the west of a line described as
follows: beginning at the northeast corner of Section 4, Township 2 South, Range 5 East, a point
on the boundary line common to Riverside and San Bernardino Counties; then southerly along
section lines to the centerline of the Colorado River Aqueduct; then southeasterly along the
centerline of said Colorado River Aqueduct to the southerly line of Section 36, Township 3
South, Range 7 East; then easterly along the township line to the northeast corner of Section 6,
Township 4 South, Range 9 East; then southerly along the easterly line of Section 6 to the
southeast corner thereof; then easterly along section lines to the northeast corner of Section 10,
Township 4 South, Range 9 East; then southerly along section lines to the southeast corner of
Section 15, Township 4 South, Range 9 East; then easterly along the section lines to the
northeast corner of Section 21, Township 4 South, Range 10 East; then southerly along the
easterly line of Section 21 to the southeast corner thereof; then easterly along the northerly line
of Section 27 to the northeast corner thereof; then southerly along section lines to the southeast
corner of Section 34, Township 4 South, Range 10 East; then easterly along the township line to
the northeast corner of Section 2, Township 5 South, Range 10 East; then southerly along the
easterly line of Section 2, to the southeast corner thereof; then easterly along the northerly line of
Section 12 to the northeast corner thereof; then southerly along the range line to the southwest
corner of Section 18, Township 5 South, Range 11 East; then easterly along section lines to the
northeast corner of Section 24, Township 5 South, Range 11 East; and then southerly along the
range line to the southeast corner of Section 36, Township 8 South, Range 11 East, a point on the
boundary line common to Riverside and San Diego Counties.
(b)(1) RFG covered areas based on being reclassified as Severe ozone nonattainment
areas under 42 U.S.C. § 7511(b):
Area Designation
State or
District
Counties
Independent
Cities
Washington, DC-
Maryland-Virginia
District of
Columbia
Washington
Maryland
Calvert, Charles, Frederick,
Montgomery, Prince George's
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Virginia
Arlington, Fairfax, Loudoun,
Prince William, Stafford
Alexandria,
Fairfax, Falls
Church, Manassas,
Manassas Park
Sacramento Metro
California
Sacramento, Yolo, El Dorado
(except Lake Tahoe and its
drainage area), Placer (see
paragraph (b)(2) of this section),
Solano (see paragraph (b)(3) of
this section), Sutter (see
paragraph (b)(4) of this section)
San Joaquin Valley
California
Fresno, Kings, Madera, Merced,
San Joaquin, Stanislaus, Tulare,
Kern (see paragraph (b)(5) of this
section)
(2) All portions of Placer County except that portion of the County within the drainage
area naturally tributary to Lake Tahoe including said Lake, plus that area in the vicinity of the
head of the Truckee River described as follows: commencing at the point common to the
aforementioned drainage area crestline and the line common to Townships 15 North and 16
North, Mount Diablo Base and Meridian (M.D.B.&M.), and following that line in a westerly
direction to the northwest corner of Section 3, Township 15 North, Range 16 East, M.D.B.&M.,
thence south along the west line of Sections 3 and 10, Township 15 North, Range 16 East,
M.D.B.&M., to the intersection with the said drainage area crestline, thence following the said
drainage area boundary in a southeasterly, then northeasterly direction to and along the Lake
Tahoe Dam, thence following the said drainage area crestline in a northeasterly, then
northwesterly direction to the point of beginning.
(3) That portion of Solano County that lies north and east of a line described as follows:
beginning at the intersection of the westerly boundary of Solano County and the 1/4 section line
running east and west through the center of Section 34; T. 6 N., R. 2 W., M.D.B.&M.; thence
east along said 1/4 section line to the east boundary of Section 36, T. 6 N., R. 2 W.; thence south
1/2 mile and east 2.0 miles, more or less, along the west and south boundary of Los Putos
Rancho to the northwest corner of Section 4, T. 5 N., R. 1 W.; thence east along a line common
to T. 5 N. and T. 6 N. to the northeast corner of Section 3, T. 5 N., R. 1 E.; thence south along
section lines to the southeast corner of Section 10, T. 3 N., R. 1 E.; thence east along section
lines to the south 1/4 corner of Section 8, T. 3 N., R. 2 E.; thence east to the boundary between
Solano and Sacramento Counties.
(4) That portion of Sutter County south of a line connecting the northern border of Yolo
Co. to the SW tip of Yuba Co. and continuing along the southern Yuba Co. border to Placer Co.
(5) Boundary between the Kern County and San Joaquin Valley air districts that
generally follows the ridge line of the Sierra Nevada and Tehachapi Mountain Ranges. That
portion of Kern County that lies west and north of a line described as follows: beginning at the
Kern-Los Angeles County boundary and running north and east along the northwest boundary of
the Rancho La Liebre Land Grant to the point of intersection with the range line common to
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Range 16 West and Range 17 West, San Bernardino Base and Meridian; north along the range
line to the point of intersection with the Rancho El Tejon Land Grant boundary; then southeast,
northeast, and northwest along the boundary of the Rancho El Tejon Grant to the northwest
corner of Section 3, Township 11 North, Range 17 West; then west 1.2 miles; then north to the
Rancho El Tejon Land Grant boundary; then northwest along the Rancho El Tejon line to the
southeast corner of Section 34, Township 32 South, Range 30 East, Mount Diablo Base and
Meridian; then north to the northwest corner of Section 35, Township 31 South, Range 30 East;
then northeast along the boundary of the Rancho El Tejon Land Grant to the southwest corner of
Section 18, Township 31 South, Range 31 East; then east to the southeast corner of Section 13,
Township 31 South, Range 31 East; then north along the range line common to Range 31 East
and Range 32 East, Mount Diablo Base and Meridian, to the northwest corner of Section 6,
Township 29 South, Range 32 East; then east to the southwest corner of Section 31, Township
28 South, Range 32 East; then north along the range line common to Range 31 East and Range
32 East to the northwest corner of Section 6, Township 28 South, Range 32 East; then west to the
southeast corner of Section 36, Township 27 South, Range 31 East; then north along the range
line common to Range 31 East and Range 32 East to the Kern-Tulare County boundary.
(c)(1) RFG covered areas based on being classified ozone nonattainment areas at the time
that the state requested to opt into RFG under 42 U.S.C. § 7545(k)(6)(A)(i):
Area
Designation at
the Time of
Opt-in
State
Counties
Independent Cities
Sussex County
Delaware
Sussex
St. Louis,
Missouri-
Illinois
Illinois
Jersey, Madison, Monroe, St.
Clair
Missouri
Franklin, Jefferson, St.
Charles, St. Louis
St. Louis
Kentucky
portion of
Louisville
Kentucky
Jefferson, Bullitt (see
paragraph (c)(2) of this
section), Oldham (see
paragraph (c)(3) of this
section).
Kent and Queen
Anne's
Counties
Maryland
Kent, Queen Anne's
Statewide
Massachusetts
All
Strafford,
Merrimack,
Hillsborough,
Rockingham
Counties
New Hampshire
Strafford, Merrimack,
Hillsborough, Rockingham
Atlantic City
New Jersey
Atlantic, Cape May
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New Jersey
portion of
Allentown-
New Jersey
Warren
Bethlehem-
Easton
Dutchess
County
New York
Dutchess
Essex County
New York
Essex (the portion of
Whiteface Mountain above
4,500 feet in elevation)
Statewide
Rhode Island
All
Dallas-Fort
Texas
Collin, Dallas, Denton,
Worth
Tarrant
Norfolk-
Virginia Beach,
Newport News
(Hampton
Roads)
Virginia
James City, York
Chesapeake,
Hampton, Newport
News, Norfolk,
Poquoson,
Portsmouth,
Suffolk, Virginia
Beach,
Williamsburg
Richmond
Virginia
Charles City, Chesterfield,
Hanover, Henrico
Colonial Heights,
Hopewell,
Richmond
(2) In Bullitt County, KY, beginning at the intersection of Ky 1020 and the Jefferson-
Bullitt County Line proceeding to the east along the county line to the intersection of county road
567 and the Jefferson-Bullitt County Line; proceeding south on county road 567 to the junction
with Ky 1116 (also known as Zoneton Road); proceeding to the south on KY 1116 to the
junction with Hebron Lane; proceeding to the south on Hebron Lane to Cedar Creek; proceeding
south on Cedar Creek to the confluence of Floyds Fork turning southeast along a creek that
meets Ky 44 at Stallings Cemetery; proceeding west along Ky 44 to the eastern most point in the
Shepherdsville city limits; proceeding south along the Shepherdsville city limits to the Salt River
and west to a point across the river from Mooney Lane; proceeding south along Mooney Lane to
the junction of Ky 480; proceeding west on Ky 480 to the junction with Ky 2237; proceeding
south on Ky 2237 to the junction with Ky 61 and proceeding north on Ky 61 to the junction with
Ky 1494; proceeding south on Ky 1494 to the junction with the perimeter of the Fort Knox
Military Reservation; proceeding north along the military reservation perimeter to Castleman
Branch Road; proceeding north on Castleman Branch Road to Ky 44; proceeding a very short
distance west on Ky 44 to a junction with Ky 1020 and proceeding north on Ky 1020 to the
beginning.
(3) In Oldham County, KY, beginning at the intersection of the Oldham-Jefferson County
Line with the southbound lane of Interstate 71; proceeding to the northeast along the southbound
lane of Interstate 71 to the intersection of Ky 329 and the southbound lane of Interstate 71;
proceeding to the northwest on Ky 329 to the intersection of Zaring Road on Ky 329; proceeding
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to the east-northeast on Zaring Road to the junction of Cedar Point Road and Zaring Road;
proceeding to the north-northeast on Cedar Point Road to the junction of Ky 393 and Cedar Point
Road; proceeding to the south-southeast on Ky 393 to the junction of county road 746 (the road
on the north side of Reformatory Lake and the Reformatory); proceeding to the east-northeast on
county road 746 to the junction with Dawkins Lane (also known as Saddlers Mill Road) and
county road 746; Proceeding to follow an electric power line east-northeast across from the
junction of county road 746 and Dawkins Lane to the east-northeast across Ky 53 on to the La
Grange Water Filtration Plant; proceeding on to the east-southeast along the power line then
south across Fort Pickens Road to a power substation on Ky 146; proceeding along the power
line south across Ky 146 and the Seaboard System Railroad track to adjoin the incorporated city
limits of La Grange; then proceeding east then south along the La Grange city limits to a point
abutting the north side of Ky 712; proceeding east-southeast on Ky 712 to the junction of Massie
School Road and Ky 712; proceeding to the south-southwest and then north-northwest on Massie
School Road to the junction of Ky 53 and Massie School Road; proceeding on Ky 53 to the
north-northwest to the junction of Moody Lane and Ky 53; proceeding on Moody Lane to the
south-southwest until meeting the city limits of La Grange; then briefly proceeding north
following the La Grange city limits to the intersection of the northbound lane of Interstate 71 and
the La Grange city limits; proceeding southwest on the northbound lane of Interstate 71 until
intersecting with the North Fork of Currys Fork; proceeding south-southwest beyond the
confluence of Currys Fork to the south-southwest beyond the confluence of Floyds Fork
continuing on to the Oldham-Jefferson County Line and proceeding northwest along the
Oldham-Jefferson County Line to the beginning.
(d) RFG covered area that is located in the ozone transport region established by 42
U.S.C. §7511c(a):
State
Counties
Maine
York, Cumberland, Sagadahoc, Androscoggin, Kennebec, Knox, Lincoln
(e) If EPA revises the ozone NAAQS, regardless of whether or not the prior ozone
NAAQS is revoked, all RFG covered areas at the time the revised ozone NAAQS is promulgated
remain covered areas.
§1090.375 Changes to RFG covered areas.
(a) New RFG covered areas. (1) Effective 1 year after an area has been reclassified as a
Severe ozone nonattainment area under 42 U.S.C. § 7511(b), such Severe area will become a
covered area under the RFG program. The geographic extent of each such covered area must be
the nonattainment area boundaries as specified in 40 CFR part 81, subpart C, for the ozone
NAAQS that was the subject of the reclassification.
(2) Any classified ozone nonattainment area identified in 40 CFR part 81, subpart C, as
Marginal, Moderate, Serious, or Severe must be included as a covered area on petition of the
governor of the state in which the area is located. EPA must:
(i) Publish the governor's petition in the Federal Register upon receipt.
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(ii) Establish an effective date that is not later than 1 year after the petition is received
unless EPA determines that there is insufficient capacity to supply RFG as governed by 42
U.S.C. § 7545(k)(6)(A)(ii).
(3) Any ozone attainment area in the ozone transport region established by 42 U.S.C. §
751 lc(a) must be included as a covered area upon petition by the governor of the state in which
the area is located. EPA must:
(i) Publish the governor's petition in the Federal Register as soon as practicable after it is
received.
(ii) Establish an effective date that is not later than 180 days after the petition is received
unless EPA determines that there is insufficient capacity to supply RFG as governed by 42
U.S.C. § 7545(k)(6)(B)(iii).
(b) Any area that opted into RFG and has not subsequently been reclassified as a Severe
ozone nonattainment area may opt-out of RFG using the opt-out process in §1090.375(d).
(c) The governor of the state in which any covered area under 42 U.S.C. §
7545(k)(10)(D) is located may request that EPA remove the prohibition specified in 42 U.S.C. §
7545(k)(5) in such area by following the procedures specified in paragraph (d) of this section
upon one of the following:
(1) Redesignation to attainment for such area for the most stringent ozone NAAQS in
effect at the time of redesignation.
(2) Designation as an attainment area for the most stringent ozone NAAQS in effect at
the time of the designation. The area must also be redesignated to attainment for the most recent
prior ozone NAAQS.
(d) Procedure for opting out of RFG. (1) EPA may approve a petition from a state asking
for removal of any RFG opt-in area, or portion of an RFG opt-in area, from inclusion as a
covered area listed in §1090.370(c) and (d), if it meets the requirements of paragraph (d)(2) of
this section. If EPA approves such a petition, an effective date will be set as specified in
paragraph (d)(3) of this section. EPA will notify the state in writing of EPA's action on the
petition and the effective date of the removal when the petition is approved.
(2) An opt-out petition must be signed by the governor of a state, or their authorized
representative, and must include all the following:
(i) A geographic description of each RFG opt-in area, or portion of each RFG opt-in area,
which is covered by the petition.
(ii) A description of all ways in which emissions reductions from RFG are relied upon in
any approved SIP or any submitted SIP that has not yet been approved by EPA.
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(iii) For any RFG opt-in areas covered by the petition where emissions reductions from
RFG are relied upon as specified in paragraph (d)(2)(ii) of this section, the petition must include
all the following information:
(A) Identify whether the state is withdrawing any submitted SIP that has not yet been
approved.
(B)(7) Identify whether the state intends to submit a SIP revision to any approved SIP or
any submitted SIP that has not yet been approved, which relies on emissions reductions from
RFG, and describe any control measures that the state plans to submit to EPA for approval to
replace the emissions reductions from RFG.
(2) A description of the state's plans and schedule for adopting and submitting any
revision to any approved SIP or any submitted SIP that has not yet been approved.
(C) If the state is not withdrawing any submitted SIP that has not yet been approved and
does not intend to submit a revision to any approved SIP or any submitted SIP that has not yet
been approved, describe why no revision is necessary.
(iv) The governor of a state, or their authorized representative, must submit additional
information upon request by EPA.
(3)(i) Except as specified in paragraph (d)(3)(ii) of this section, EPA will set an effective
date of the RFG opt-out as requested by the governor, but no less than 90 days from EPA's
written notification to the state approving the RFG opt-out petition.
(ii) Where emissions reductions from RFG are included in an approved SIP or any
submitted SIP that has not yet been approved, other than as a contingency measure consisting of
a future opt-in to RFG, then the effective date of the RFG opt-out in paragraph (d)(1) of this
section will be the date requested by the governor, but no less than 90 days from the effective
date of EPA approval of the SIP revision that removes the emissions reductions from RFG, and,
if necessary, provides emissions reductions to make up for those from RFG opt-out.
(iii) Notwithstanding the provisions of paragraphs (d)(3)(i) and (ii) of this section, for an
area in the ozone transport region that opted into RFG under 42 U.S.C. § 7545(k)(6)(B), EPA
will not set the effective date for removal of the area earlier than 4 years after the
commencement date of opt-in.
(4) EPA will publish a notice in the Federal Register announcing the approval of any
petition under paragraph (d)(1) of this section, and the effective date of the RFG opt-out.
(5) Upon the effective date for removal of any RFG opt-in area or portion of an RFG opt-
in area included in an approved petition, the geographic area covered by such approved opt-out
petition will no longer be considered an RFG covered area.
(e) From time to time EPA may publish a final rule revising the list of RFG covered areas
in §1090.370.
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§1090.380 Procedures for relaxing the federal 7.8 psi RVP standard.
(a) EPA may approve a request from a state asking for relaxation of the federal 7.8 psi
gasoline standard for any area, or portion of an area, required to use such gasoline, if it meets the
requirements of paragraph (b) of this section. If EPA approves such a request, an effective date
will be set as specified in paragraph (c) of this section. EPA will notify the state in writing of
EPA's action on the request and the effective date of the relaxation when the request is approved.
(b) The request must be signed by the governor of the state, or their authorized
representative, and must include all the following:
(1) A geographic description of each federal 7.8 psi gasoline area, or portion of such area,
which is covered by the request.
(2) A description of all ways in which emissions reduction from the federal 7.8 psi
gasoline are relied upon in any approved SIP or in any submitted SIP that has not yet been
approved by EPA.
(3) For any federal 7.8 psi gasoline area covered by the request where emissions
reductions from the federal 7.8 psi gasoline are relied upon as specified in paragraph (b)(2) of
this section, the request must include the following information:
(1) Identify whether the state is withdrawing any submitted SIP that has not yet been
approved.
(ii)(A) Identify whether the state intends to submit a SIP revision to any approved SIP or
any submitted SIP that has not yet been approved, which relies on emissions reductions from
federal 7.8 psi gasoline, and describe any control measures that the state plans to submit to EPA
for approval to replace the emissions reductions from federal 7.8 psi gasoline.
(B) A description of the state's plans and schedule for adopting and submitting any
revision to any approved SIP or any submitted SIP that has not yet been approved.
(iii) If the state is not withdrawing any submitted SIP that has not yet been approved and
does not intend to submit a revision to any approved SIP or any submitted SIP that has not yet
been approved, describe why no revision is necessary.
(4) The governor of a state, or their authorized representative, must submit additional
information upon request by EPA.
(c)(1) Except as specified in paragraph (c)(2) of this section, EPA will set an effective
date of the relaxation of the federal 7.8 psi gasoline standard as requested by the governor, but no
less than 90 days from EPA's written notification to the state approving the relaxation request.
(2) Where emissions reductions from the federal 7.8 psi gasoline are included in an
approved SIP or any submitted SIP that has not yet been approved, then the effective date of the
relaxation request in paragraph (a) of this section will be the date requested by the governor, but
no less than 90 days from the effective date of EPA approval of the SIP revision that removes the
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emissions reductions from the federal 7.8 psi gasoline, and, if necessary, provides emissions
reductions to make up for those from the federal 7.8 psi gasoline relaxation.
(d) EPA will publish a notice in the Federal Register announcing the approval of any
relaxation request under paragraph (a) of this section, and the effective date of the federal 7.8 psi
gasoline RVP requirement.
(e) Upon the effective date of the approval of the request to relax the federal 7.8 psi
gasoline standard in a subject area or portion of a subject area, the geographic area covered by
the approved request will no longer be considered a federal 7.8 psi gasoline area.
(f) From time to time EPA may publish a final rule revising the list of areas subject to the
federal 7.8 psi gasoline standard in §1090.315(b).
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Subpart D—Diesel Fuel and IMO Marine Fuel Standards
§1090.400 Overview and general requirements.
(a) Diesel fuel is subject to the ULSD standards in §1090.405, except as follows:
(1) Alternative sulfur standards apply for 500 ppm LM diesel fuel and IMO marine fuel
as specified in §§1090.420 and 1090.425, respectively.
(2) Exemption provisions apply as specified in subpart G of this part.
(b) Diesel fuel additives must meet the requirements specified in §1090.410.
(c) Diesel fuel manufacturers and diesel fuel additive manufacturers must demonstrate
compliance with the standards in this subpart by measuring fuel parameters in accordance with
subpart M of this part.
(d) All of the standards in this part apply to diesel fuel and diesel fuel additives on a per-
gallon basis.
(e)(1) No person may produce, import, sell, offer for sale, distribute, offer to distribute,
supply, offer for supply, dispense, store, transport, or introduce into commerce any diesel fuel,
IMO marine fuel, or diesel fuel additive that exceeds any standard set forth in this subpart.
(2) Importers may import diesel fuel that does not comply with the standards set forth in
this subpart if all the following conditions are met.
(i) The importer offloads the imported diesel fuel into one or more tanks that are
physically located at the same import facility at which the imported diesel fuel first arrives in the
United States or at a facility to which the imported diesel fuel is directly transported from the
import facility at which the imported diesel fuel first arrived in the United States.
(ii) The importer uses the imported diesel fuel to produce one or more new batches of
diesel fuel, samples and tests each new batch of diesel fuel, and assures that each new batch of
diesel fuel meets the standards set forth in this subpart before title or custody to any new batch of
diesel fuel is transferred.
§1090.405 ULSD standards.
(a) Except as specified in § 1090.400(a), diesel fuel must meet the following ULSD per-
gallon standards:
(1) Sulfur standard. Maximum sulfur content of 15 ppm.
(2) Cetane index or aromatic content. Diesel fuel must meet one of the following
standards:
(i) Minimum cetane index of 40.
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(ii) Maximum aromatic content 35 volume percent.
(b) [Reserved]
§1090.410 Diesel fuel additives standards.
(a) This section specifies how the ULSD sulfur standard applies to additives blended into
diesel fuel that is subject to the standards in §1090.405. The provisions of this section do not
apply to additives used with 500 ppm LM diesel fuel or IMO marine fuel.
(b) Diesel fuel additives must have a sulfur concentration less than or equal to 15 ppm on
a per-gallon basis unless all the following conditions are met:
(1) The additive is added to or used in the diesel fuel in a quantity less than 1.0 volume
percent of the resultant additive/diesel fuel mixture.
(2) The PTD complies with the requirements in §1090.1125(b).
(3) The additive is not commercially available as a retail product for ultimate consumers.
§1090.415 Heating oil, kerosene, and jet fuel provisions.
(a) Heating oil, kerosene, and jet fuel are not subject to the ULSD standards in
§1090.405.
(b) Diesel fuel distributors, retailers, and WPCs may redesignate heating oil, kerosene,
and jet fuel as diesel fuel if the party can demonstrate the redesignated fuel meets the ULSD
standards in §1090.405 and does one of the following:
(1) The party certifies the batch of diesel fuel and fulfills all the requirements that apply
to a diesel fuel manufacturer in this part.
(2) The party relies on information supplied from the producers of the heating oil,
kerosene, or jet fuel as follows:
(i) The party registers as a diesel fuel manufacturer under subpart I of this part.
(ii) The party only commingles heating oil, kerosene, jet fuel, and/or ULSD from
producers registered as diesel fuel manufacturers under subpart I of this part.
(iii) The party obtains and keeps records from the producers of the heating oil, kerosene,
jet fuel, and/or ULSD or pipeline operators demonstrating that the heating oil, kerosene, and/or
jet fuel meets the ULSD standards in §1090.405.
(iv) The party complies with the PTD requirements for ULSD under subpart K of this
part.
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(c) Any person may redesignate diesel fuel that has been certified as meeting the ULSD
standards for use as heating oil, kerosene, jet fuel, or IMO marine fuel as long as any applicable
requirements for such products under this part are met.
§1090.420 500 ppm LM diesel fuel standards.
(a) Transmix processors and pipeline operators that produce and distribute 500 ppm LM
diesel fuel under subpart E of this part for use only in the eligible locomotives and marine
engines must meet the following per-gallon standards:
(1) Sulfur standard. Maximum sulfur content of 500 ppm.
(2) Cetane index or aromatic content. The standard for cetane index or aromatic content
in § 1090.405(a)(2) applies to 500 ppm LM diesel fuel.
(b) [Reserved],
§1090.425 IMO marine fuel standards.
(a)(1) The standards and provisions of this section apply to IMO marine fuel.
(2) The standards in paragraph (b) of this section do not apply to residual fuel made
available for use in a steamship or C3 marine vessel if the U.S. government allows the vessel to
be exempt or excluded from MARPOL Annex VI fuel standards.
(3) Diesel fuel and other distillate fuel used in diesel engines operated on such vessels is
subject to the standards in this section instead of the standards in §1090.405 or §1090.420.
(b) EC A marine fuel sulfur per-gallon standard. The maximum sulfur content of EC A
marine fuel is 1,000 ppm.
(c) ULSD and 500 ppm LM diesel fuel may be used as IMO marine fuel or used for
blending with IMO marine fuel. Once blended to produce IMO marine fuel, the diesel fuel is no
longer subject to the standards specified in §1090.405 or §1090.420.
(d) Under 40 CFR 1043.80, fuel suppliers (i.e. ECA marine fuel distributors, retailers,
and WPCs) must provide bunker delivery notes to vessel operators in addition to any applicable
PTD requirements under subpart K of this part.
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Subpart E—Transmix Provisions
§1090.500 Scope.
(a) This subpart contains provisions for transmix blenders, transmix processors, and fuel
distributors that produce the specified fuels from transmix that may be complied with in lieu of
the requirements that would otherwise apply to a fuel manufacturer.
(b) Any person that uses the provisions of this subpart must be registered with EPA under
subpart I of this part.
§1090.505 Gasoline produced from blending transmix into PCG.
(a) Transmix blenders who blend transmix into PCG may comply with the requirements
of this section as in lieu of the requirements for gasoline blending manufacturers under this part
if all the requirements of this section are met.
(1) The resultant transmix-blended gasoline does not exceed a distillation end-point of
437 degrees Fahrenheit.
(2) The resultant transmix-blended gasoline meets all the downstream per-gallon
standards in subpart C of this part.
(3) The transmix blender complies with the recordkeeping requirements of subpart L of
this part.
(4) The transmix blender must maintain and follow a written quality assurance program
designed to assure that the type and amount of transmix blended into PCG will not cause
violations of the applicable fuel quality standards.
(b) Except as specified in paragraph (c) of this section, as a part of the quality assurance
program, transmix blenders must collect samples of gasoline after blending transmix and test the
samples to ensure the end-point temperature of the final transmix-blended gasoline does not
exceed 437 degrees Fahrenheit, using one of the following sampling methods:
(1) In the case of transmix that is blended in a tank including a tank on a barge, collect a
sample of the final transmix-blended gasoline following each occasion transmix is blended.
(2) In the case of transmix that is blended by a computer controlled in-line blending
system, the transmix blender must collect composite samples of the final transmix-blended
gasoline at least twice each calendar month during which transmix is blended. In-line samples
may be collected to comply with the requirements of this paragraph if the applicable
requirements in §1090.505(c)(3) are met.
(c) Any transmix blender may petition EPA for approval of a quality assurance program
that does not include the minimum sampling and testing requirements in paragraph (b) of this
section. To seek approval for such an alternative quality assurance program, the transmix blender
must submit a petition to EPA that includes all the following:
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(1) A detailed description of the quality assurance procedures to be carried out at each
location where transmix is blended into PCG, including a description of how the transmix
blender proposes to determine the ratio of transmix that can be blended with PCG without
violating any of the applicable standards in this part, and a description of how the transmix
blender proposes to determine that the gasoline produced by the transmix blending operation
meets the applicable standards.
(2) If the transmix is blended by a computer controlled in-line blending system, the
transmix blender must also include the information required for refiners related to the approval
by EPA of the use of an in-line blending system in §1090.1315 of this part.
(3) A letter signed by the RCO or their delegate stating that the information contained in
the submission is true to the best of their belief must accompany the petition.
(4) Transmix blenders that petition EPA to use an alternative quality assurance program
must comply with any request by EPA for additional information or any other requirements that
EPA includes as part of EPA's evaluation of the petition. However, the transmix blender may
withdraw their petition or approved use of an alternative quality assurance program at any time,
upon notice to EPA.
(5) EPA reserves the right to modify the requirements of an approved alternative quality
assurance program, in whole or in part, at any time, or withdraw approval of such an alternative
quality assurance program if EPA determines that the transmix blender's operation does not
effectively or adequately control, monitor, or document the end-point temperature of the gasoline
produced, or if EPA determines that any other circumstance exists that merits modification of the
requirements of an approved alternative quality assurance program. If EPA finds that a transmix
blender provided false or inaccurate information in any submission required under this section,
upon notification from EPA, the transmix blender's approval of an alternative quality assurance
program will be void ab initio.
(d) In the event that the test results for any sample collected under a quality assurance
program indicate that the gasoline does not comply with any of the applicable fuel quality
standards in this part, the transmix blender must do all the following:
(1) Immediately take steps to stop the sale of the gasoline that was sampled.
(2) Take steps that are reasonably calculated to determine the cause of the noncompliance
and to prevent future instances of noncompliance.
(3) Notify EPA of the noncompliance.
(4) If the transmix was blended by a computer controlled in-line blending system,
increase the rate of sampling and testing to a minimum frequency of once per week and a
maximum frequency of once per day and continue the increased frequency of sampling and
testing until the results of 10 consecutive samples and tests indicate that the gasoline complies
with applicable standards, at which time the sampling and testing may be conducted at the
original frequency.
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§1090.510 Gasoline produced from TGP.
(a) General provisions. (1) Transmix processors who produce gasoline from TGP may
comply with the provisions of this section as an alternative to the gasoline manufacturer
compliance demonstration requirements for the sulfur and benzene per-gallon and average
standards under this part if all the requirements of this section are met.
(2) Transmix processors may produce gasoline using only TGP, a combination of TGP
and PCG, a combination of TGP and blendstock(s), or a combination TGP, PCG, and
blendstock(s) under the provisions of this section.
(3) Gasoline produced from TGP must meet all applicable downstream gasoline
standards in subpart C of this part.
(b) Sulfur per-gallon standard compliance. Gasoline produced from TGP must meet the
sulfur per-gallon standards as follows:
(1) Each batch of gasoline produced solely from TGP or a combination of TGP and PCG
must comply with the downstream sulfur per-gallon standard in §1090.305(c).
(2) Each batch of gasoline produced from TGP and any blendstock must comply with the
fuel manufacturing facility gate sulfur per-gallon standard in §1090.305(b).
(c) Demonstration of compliance with sulfur and benzene average standards. (1) The
transmix processor must exclude TGP used to produce gasoline under the provisions of this
section and PCG blended with TGP from its compliance calculations to demonstrate compliance
with the sulfur and benzene average standards in §§1090.305 and 1090.310, respectively.
Transmix processors that produce gasoline from only TGP or TGP and PCG are deemed to be in
compliance with the sulfur and benzene average standards in §§1090.305 and 1090.310,
respectively.
(2) The transmix processor must include any blendstocks other than TGP and exclude
any TGP and PCG used to produce gasoline under the provisions of this section in calculations to
demonstrate compliance with the sulfur and benzene average standards in §§1090.305 and
1090.310, respectively.
(d) Distillation point determination. Determine the following distillation parameters in
accordance with subpart M of this part and keep records of these values under subpart L of this
part:
(i)T10.
(ii) T50.
(iii) T90.
(iv) End-point.
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(v) Distillation residue.
§1090.515 Locomotive and marine diesel fuel produced from TDP.
(a) Transmix processors and pipeline operators who produce 500 ppm LM diesel fuel
from TDP must comply with the requirements of this section and the standards for 500 ppm LM
diesel fuel specified in §1090.420.
(b) Blending component limitation. The blending components used to produce 500 ppm
LM diesel fuel are limited to the following:
(1) TDP.
(2) ULSD.
(3) Diesel fuel additives that comply with the requirements in §1090.410.
(c) Compliance plan. For each facility, a transmix processor that produces 500 ppm LM
diesel fuel must obtain approval from EPA for a compliance plan at least 60 days prior to
producing 500 ppm LM diesel fuel. The compliance plan must detail how the transmix processor
intends to meet all the following requirements:
(1) Demonstrate how the 500 ppm LM diesel fuel will be segregated by the producer
through to the ultimate consumer from fuel having other designations, except as follows:
(1) Pipeline operators may ship 500 ppm LM diesel fuel by pipeline provided that the 500
ppm LM diesel fuel does not come into physical contact in the pipeline with batches of other
fuels that have a sulfur content greater than 15 ppm under §1090.525(c).
(ii) WPCs and retailers of 500 ppm LM diesel fuel may introduce ULSD into a storage
tank that contains 500 ppm LM diesel fuel, provided that the other requirements of this section
are satisfied. The resulting mixture must be designated as 500 ppm LM diesel fuel.
(2) Demonstrate that the end users of 500 ppm LM diesel fuel will also have access to
ULSD for use in those engines that require ULSD.
(3) Identify the parties that handle the 500 ppm LM diesel fuel through to the ultimate
consumer. No more than 4 separate parties may handle the 500 ppm LM diesel fuel between the
producer and the ultimate consumer.
(4) Identify all ultimate consumers that are supplied with the 500 ppm LM diesel fuel.
(5) Demonstrate how misfueling of 500 ppm LM diesel fuel into vehicles, engines, or
equipment that require the use of ULSD will be prevented.
(6) Include an EPA registration number.
(d) Volume requirements. Parties that handle 500 ppm LM diesel fuel must calculate the
volume of 500 ppm LM diesel fuel received versus the volume delivered and used on a
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compliance period basis. An increase in the volume of 500 ppm LM diesel fuel delivered
compared to the volume received must be due solely to one or more of the following:
(1) Normal pipeline interface cutting practices under paragraph (c)(l)(i) of this section.
(2) Thermal expansion due to a temperature difference between the times when the
volume of 500 ppm LM diesel fuel received and the volume of 500 ppm LM diesel fuel
delivered were measured.
(3) The addition of ULSD to a retail outlet or WPC 500 ppm LM diesel fuel storage tank
under paragraph (c)(l)(ii) of this section.
(e) Redesignation. 500 ppm LM diesel fuel may be redesignated as IMO marine fuel,
heating oil, or blendstock. Any person that redesignates 500 ppm LM diesel fuel to IMO marine
fuel must maintain records from the producer of the 500 ppm LM diesel fuel (i.e., PTDs
accompanying the fuel under subpart K of this part) to demonstrate compliance with the 500
ppm sulfur standard in §1090.420.
(f) 500 ppm LM diesel fuel may only be used in locomotive and marine engines that are
not required to use ULSD under 40 CFR 1033.815 and 40 CFR 1042.660, respectively. No
person may use 500 ppm LM diesel fuel in locomotive or marine engines that are required to use
ULSD, in any nonroad vehicle or engine, or in any motor vehicle engine.
§1090.520 Incidental transmix mixing during fuel distribution.
Fuel distributors that incidentally mix transmix into fuels subject to the standards in this
part are exempt from the requirements that apply to transmix blenders if the following
requirements are met:
(a) The amount of transmix mixed is no more than 0.25 percent of the volume of the
batch of fuel.
(b) This action does not cause or contribute to a violation of the fuel standards in this
part.
(c) The pipeline and terminal operators conducts an assessment demonstrating that the
total volume of incidental mixtures of transmix will be 0.25 volume percent or less of the total
fuel volume and makes records of this assessment available to EPA upon request.
(d) The party conducts a quality assurance program to demonstrate compliance with the
requirements of this paragraph and makes records of this quality assurance program available to
EPA upon request.
§1090.525 Handling practices for pipeline interface that is not transmix.
(a) During the winter season, pipeline operators may cut pipeline interface from two
batches of gasoline subject to EPA standards that are shipped adjacent to each other by pipeline
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into either or both these batches of gasoline provided that this action does not cause or contribute
to a violation of the standards in this part.
(b) During the summer season, pipeline operators may not cut pipeline interface from two
batches of gasoline subject to different RVP standards that are shipped adjacent to each other by
pipeline into the gasoline batch that is subject to the more stringent RVP standard. For example,
during the summer season, pipeline operators may not cut pipeline interface from a batch of RFG
shipped adjacent to a batch of conventional gasoline into the batch of RFG.
(c) 500 ppm LM diesel fuel may not be shipped adjacent to a fuel that is subject to a
higher sulfur standard.
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Subpart F—Reserved
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Subpart G—Exemptions, Hardships, and Special Provisions
§1090.600 National security and military use exemptions.
(a) Fuels, fuel additives, and regulated blendstocks that are produced, imported, sold,
offered for sale, supplied, offered for supply, stored, dispensed, or transported for use in the
following tactical military vehicles, engines, or equipment, including locomotive and marine, are
exempt from the standards specified in this part:
(1) Tactical military vehicles, engines, or equipment, including locomotive and marine
engines, that have an EPA national security exemption from the motor vehicle emission
standards under 40 CFR parts 85 or 86, or from the nonroad engine emission standards under 40
CFR parts 89, 92, 94, 1042, or 1068.
(2) Tactical military vehicles, engines, or equipment, including locomotive and marine
engines that are not subject to a national security exemption from vehicle or engine emissions
standards specified in paragraph (a)(1) of this section but, for national security purposes (e.g., for
purposes of readiness, including training, for deployment overseas), need to be fueled on the
same fuel as the vehicles, engines, or equipment that EPA has granted such a national security
exemption.
(b) The exempt fuel must meet all the following requirements:
(1) It must be accompanied by PTDs under subpart K of this part.
(2) It must be segregated from non-exempt fuel at all points in the distribution system.
(3) It must be dispensed from a fuel pump stand, fueling truck, or tank that is labeled with
the appropriate designation of the fuel.
(4) It may not be used in any vehicles, engines, or equipment, including locomotive and
marine, other than those specified in paragraph (a) of this section.
§1090.605 Temporary research, development, and testing exemptions.
(a) Requests for an exemption. Any person may receive an exemption from the provisions
of this part for fuel used for research, development, or testing ("R&D") purposes by submitting
the information specified in paragraph (c) of this section to the address in §1090.10.
(b) Criteria for an R&D exemption. For an R&D exemption to be granted, the person
requesting an exemption must meet all the following conditions:
(1) Demonstrate a purpose that constitutes an appropriate basis for exemption.
(2) Demonstrate that an exemption is necessary.
(3) Design an R&D program that is reasonable in scope.
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(4) Have a degree of control consistent with the purpose of the program and EPA's
monitoring requirements.
(c) Information required to be submitted. To aid in demonstrating each of the elements in
paragraph (b) of this section, the person requesting an exemption must include, at a minimum, all
the following information:
(1) A concise statement of the purpose of the program demonstrating that the program
has an appropriate R&D purpose.
(2) An explanation of why the stated purpose of the program cannot be achieved in a
practicable manner without performing one or more of the prohibited acts under this part.
(3) A demonstration of the reasonableness of the scope of the program, including all the
following:
(i) An estimate of the program's duration in time (including beginning and ending dates).
(ii) An estimate of the maximum number of vehicles, engines, or equipment involved in
the program, and the number of miles and engine hours that will be accumulated on each.
(iii) The manner in which the information on vehicles, engines, or equipment used in the
program will be recorded and made available to EPA upon request.
(iv) The quantity of the fuel that does not comply with the requirements of this part, as
applicable.
(v) The specific applicable standard(s) of this part that would apply to the fuel expected
to be used in the program.
(4) With regard to control, a demonstration that the program affords EPA a monitoring
capability, including all the following:
(i) A description of the technical and operational aspects of the program.
(ii) The site(s) of the program (including facility name, street address, city, county, state,
and ZIP code).
(iii) The manner in which information on vehicles, engines, and equipment used in the
program will be recorded and made available to EPA upon request.
(iv) The manner in which information on the fuel used in the program (including
quantity, fuel properties, name, address, telephone number, and contact person of the supplier,
and the date received from the supplier), will be recorded and made available to EPA upon
request.
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(v) The manner in which the party will ensure that the R&D fuel will be segregated from
fuel meeting the requirements of subparts C and D of this part, as applicable, and how fuel
pumps will be labeled to ensure proper use of the R&D fuel.
(vi) The name, business address, telephone number, and title of the person(s) in the
organization requesting an exemption from whom further information on the application may be
obtained.
(vii) The name, business address, telephone number and title of the person(s) in the
organization requesting an exemption who is responsible for recording and making available the
information specified in this paragraph, and the location where such information will be
maintained.
(viii) Any other information requested by EPA to determine whether the test program
satisfies the criteria of paragraph (b) of this section.
(d) Additional requirements. (1) The PTDs associated with R&D fuel must comply with
subpart K of this part.
(2) The R&D fuel must be designated by the fuel manufacturer or supplier, as applicable,
as exempt R&D fuel.
(3) The R&D fuel must be kept segregated from non-exempt fuel at all points in the
distribution system.
(4) The R&D fuel must not be sold, distributed, offered for sale or distribution,
dispensed, supplied, offered for supply, transported to or from, or stored by a fuel retail outlet, or
by a WPC facility, unless the WPC facility is associated with the R&D program that uses the
fuel.
(5) At the completion of the program, any emission control systems or elements of design
that are damaged or rendered inoperative must be replaced on vehicles remaining in service, or
the responsible person will be liable for a violation of 42 U.S.C. § 7522(a)(3) unless sufficient
evidence is supplied that the emission controls or elements of design were not damaged.
(e) Approval of exemption. EPA may grant an R&D exemption upon a demonstration that
the requirements of this section have been met. The R&D exemption may include such terms and
conditions as EPA determines necessary to monitor the exemption and to carry out the purposes
of this section, including restoration of emission control systems.
(1) The volume of fuel subject to the approval must not exceed the estimated amount in
paragraph (c)(3)(iv) of this section, unless EPA grants a greater amount.
(2) Any exemption granted under this section will expire at the completion of the test
program or 1 year from the date of approval, whichever occurs first, and may only be extended
upon re-application consistent will all requirements of this section.
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(3) In granting an exemption, EPA may include terms and conditions, including
replacement of emission control devices or elements of design, which EPA determines are
necessary for monitoring the exemption and for assuring that the purposes of this subpart are
met.
(4) Any violation of a term or condition of the exemption, or of any requirement in this
section, will cause the exemption to be void ab initio.
(5) If any information required by paragraph (c) of this section changes after approval of
the exemption, the responsible person must notify EPA in writing immediately. Failure to do so
may result in disapproval of the exemption or may make it void ab initio and may make the party
liable for a violation of this part.
(f) Effects of exemption. Gasoline, diesel fuel, or IMO marine fuel that is subject to an
R&D exemption under this section is exempt from other provisions of this part, unless otherwise
stated, provided that the fuel is used in a manner that complies with the purpose of the program
in paragraph (c) of this section and all other requirements of this section.
(g) Notification of completion. The person must notify EPA in writing within 30 days
after completion of the R&D program.
§1090.610 Racing and aviation fuel exemptions.
Gasoline or diesel fuel that is used to fuel aircraft, or racing vehicles or racing boats that
are used only in sanctioned racing events, is exempt from the standards in subparts C and D of
this part if all the following requirements are met:
(a) The fuel is identified on PTDs and any fuel dispenser from which such fuel is
dispensed, as restricted for use either in aircraft, or in racing motor vehicles or racing boats that
are used only in sanctioned racing events.
(b) The fuel is completely segregated from all other non-exempt fuel throughout
production, distribution, and sale to the ultimate consumer.
(c) The fuel is not made available for use as gasoline or diesel fuel subject to the
standards in subparts C and D of this part, as applicable, or dispensed for use in motor vehicles
or nonroad engines, vehicles, or equipment, including locomotive and marine, except for those
used only in sanctioned racing events.
§1090.615 Special provisions for Guam, American Samoa, and the Commonwealth of the
Northern Mariana Islands.
Fuel that is produced, imported, sold, offered for sale, supplied, offered for supply,
stored, dispensed, or transported for use in the territories of Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands, is exempt from the standards in subparts C and
D of this part if all the following requirements are met:
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(a) The fuel is designated by the fuel manufacturer as gasoline, diesel fuel, or IMO
marine fuel only for use in Guam, American Samoa, or the Commonwealth of the Northern
Mariana Islands.
(b) The fuel is used only in Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands.
(c) The fuel is accompanied by PTDs under subpart K of this part.
(d) The fuel is completely segregated from non-exempt gasoline, diesel fuel, and IMO
marine fuel at all points throughout production, distribution, and sale to the ultimate consumer
from the point the fuel is designated as exempt fuel only for use in Guam, American Samoa, or
the Commonwealth of the Northern Mariana Islands, while the exempt fuel is in the United
States (including an ECA or an EC A associated area under 40 CFR 1043.20) but outside these
territories.
§1090.620 California gasoline and diesel fuel requirements.
(a) California gasoline and diesel fuel exemption. California gasoline or diesel fuel that
complies with all the requirements of this section is exempt from all other provisions of this part.
(b) California gasoline and diesel fuel requirements. (1) Each batch of California
gasoline or diesel fuel must be designated as such by its fuel manufacturer.
(2) Designated California gasoline or diesel fuel must be kept segregated from fuel that is
not California gasoline or diesel fuel at all points in the distribution system.
(3) Designated California gasoline or diesel fuel must ultimately be used only in the state
of California.
(4) Transferors and transferees of California gasoline and diesel fuel produced outside the
state of California must meet the PTD requirements of subpart K of this part.
(5) Each transferor and transferee of California gasoline or diesel fuel produced outside
the state of California must maintain copies of the PTDs under subpart K of this part as specified
in subpart L of this part.
(6) Fuel that is ultimately used in any part of the United States outside of the state of
California must comply with the standards and requirements of this part, regardless of any
designation as California gasoline or diesel fuel, except as specified in paragraph (d) or (e) of
this section.
(c) Use of California test methods and offsite sampling procedures. In the case of any
gasoline or diesel fuel that is not California gasoline or diesel fuel and that is either produced at a
facility located in the state of California or is imported from outside the United States into the
state of California, the manufacturer may do any of the following:
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(1) Use the sampling and testing methods approved in Title 13 of the California Code of
Regulations instead of the sampling and testing methods required by subpart M of this part.
(2) Determine the sulfur content, benzene content, and RVP (during the summer) of
gasoline at offsite tankage (which would otherwise be prohibited under §1090.XXX) if the
following requirements are met:
(i) The samples are properly collected under the terms of a current and valid protocol
agreement between the manufacturer and the California Air Resources Board with regard to
sampling at the offsite tankage and consistent with the requirements specified in Title 13,
California Code of Regulations, section 2250 et seq. (May 1, 2003).
(ii) The manufacturer provides a copy of the protocol agreement to EPA upon request.
(d) California gasoline used outside of California. California gasoline may either be
recertified as gasoline under this part or may be used in any part of the United States outside of
the state of California if the fuel designated as California gasoline meets all applicable
requirements for California reformulated gasoline under Title 13 of the California Code of
Regulations the manufacturer and distributor of such fuel does all the following:
(1) The manufacturer or distributor properly redesignates the fuel under §1090.XXX.
(2) The manufacturer or distributor generates PTDs under subpart K of this part.
(e) California diesel used outside California. California diesel fuel may be used in any
part of the United States outside of the state of California and is deemed to meet the standards in
subpart D of this part without recertification if the fuel designated as California diesel fuel meets
all applicable requirements for diesel fuel under Title 13 of the California Code of Regulations
and the manufacturer and distributor of such fuel does all the following:
(1) The manufacturer or distributor properly redesignates the fuel under §1090.XXX.
(2) The manufacturer or distributor generates PTDs under subpart K of this part.
(3) The manufacturer or distributor keeps records under subpart L of this part.
§1090.625 Special provisions for Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands
summer gasoline.
Summer gasoline that is produced, imported, sold, offered for sale, supplied, offered for
supply, stored, dispensed, or transported for use in the Alaska, Hawaii, Puerto Rico, or the U.S.
Virgin Islands, is exempt from the gasoline volatility standards in §1090.315 provided all the
following requirements are met:
(a) The summer gasoline is designated by the fuel manufacturer as summer gasoline only
for use in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands.
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(b) The summer gasoline is used only in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin
Islands.
(c) The summer gasoline is accompanied by PTDs under subpart K of this part.
(d) The summer gasoline is completely segregated from non-exempt gasoline at all points
throughout production, distribution, and sale to the ultimate consumer from the point the summer
gasoline is designated as exempt fuel only for use in Alaska, Hawaii, Puerto Rico, or the U.S.
Virgin Islands, while the exempt summer gasoline is in the United States but outside these states
or territories.
§1090.630 Refinery extreme unforeseen hardship exemption.
(a) In appropriate extreme, unusual, and unforeseen circumstances (e.g., circumstances
like a natural disaster or refinery fire, not financial or supplier difficulties) that are clearly outside
the control of the refiner and that could not have been avoided by the exercise of prudence,
diligence, and due care, EPA may permit a refiner, for a brief period, to distribute fuel that is
exempt from the standards in subparts C and D of this part if all the following requirements are
met:
(1) It is in the public interest to do so (e.g., distribution of the nonconforming fuel will
not damage vehicles or engines and is necessary to meet projected shortfalls that cannot
otherwise be compensated for).
(2) The refiner exercised prudent planning and was not able to avoid the violation and has
taken all reasonable steps to minimize the extent of the nonconformity.
(3) The refiner can show how the requirements for making compliant fuel, and/or
purchasing credits to partially or completely offset the nonconformity, will be expeditiously
achieved.
(4) The refiner agrees to make up any air quality detriment associated with the
nonconforming fuel, where practicable.
(5) The refiner pays to the U.S. Treasury an amount equal to the economic benefit of the
nonconformity minus the amount expended under paragraph (a)(4) of this section, in making up
the air quality detriment.
(b) Hardship applications under this section must be submitted in writing to EPA at the
address specified in §1090.10 and must contain a letter signed by the RCO, or their delegate,
stating that the information contained in the application is true to the best of their knowledge.
§1090.635 Additional exemptions from the gasoline deposit control requirements.
Gasoline that is used to manufacture E85 is exempt from the gasoline deposit control
requirements in §1090.340. Any person that uses this exemption must keep records to
demonstrate that such exempt gasoline was used to manufacture E85 and was not distributed
from a terminal for use as gasoline.
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§1090.640 Exemption for exports of fuels, fuel additives, and regulated blendstocks.
Fuels, fuel additives, and regulated blendstocks are exempt from the standards in subparts
C and D of this part if all the following requirements are met.
(a) Fuel manufacturers, fuel additive manufacturers, and regulated blendstock producers
must designate the fuel, fuel additive, or regulated blendstock for export as specified in
§1090. XXX.
(b) Fuels, fuel additives, or regulated blendstocks designated for export must be
accompanied by PTDs under subpart K of this part.
(c) Fuels, fuel additives, or regulated blendstocks are exported from the United States.
(d) Gasoline segregation requirement. Gasoline designated for export must be
completely segregated from non-exempt gasoline at all points throughout production,
distribution, and sale to the ultimate consumer from the point the gasoline is designated for
export to the point where the gasoline is exported.
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Subpart H—Averaging, Banking, and Trading Provisions
§1090.700 Compliance with average standards.
(a) Compliance with the sulfur average standard. Gasoline manufacturers must
demonstrate compliance with the sulfur average standard in §1090.XXX by using the equation in
paragraph (a)(2) of this section. Compliance is determined by taking the compliance sulfur value
calculated in paragraph (a)(1) of this section (which is the total amount of sulfur ppm-gallons for
a gasoline manufacturer's annual production), adjusting for any deficit from a previous
compliance period (as allowed under §1090.XXX), and using any needed credits as allowed
under this subpart. Gasoline manufacturers must also calculate and report annual average sulfur
levels as specified in paragraph (a)(3) of this section.
(1) Compliance sulfur value calculation. Compliance by a gasoline manufacturer for each
of its facilities with the sulfur average standard in §1090.XXX is achieved if, for calendar year y,
the compliance sulfur value is less than or equal to 10 ppm times the total gasoline volume
produced or imported, as determined by the following equation:
CSVy = Compliance sulfur value for compliance period y, in ppm-gallons. Fractional
values must be rounded in accordance with §1090.50.
Vi = The volume of gasoline produced or imported in batch i, in gallons.
Si = The sulfur content of batch i, per §1090.XXX, in ppm.
n = The number of batches of gasoline produced or imported during the compliance
period.
i = Individual batch of gasoline produced or imported during the compliance period.
D(y-i) = Sulfur deficit from the previous compliance period, per §1090.XXX, in ppm-
gallons.
DS Oxy Sulfur deficit from BOB recertification, per §1090.740(b), in ppm-gallons.
Cs = Sulfur credits used by the gasoline manufacturer, per §1090.XXX, in ppm-gallons.
(2) Compliance with the sulfur average standard in §1090.XXX is not achieved, and a
deficit is incurred under §1090.XXX, if for compliance period y, the compliance sulfur value is
greater than 10 times the total gasoline volume produced or imported. The deficit value to be
included in the following year's compliance calculation under paragraph (f) of this section is
calculated as follows:
Where:
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Dy = CSVy - (Jjn_ Vi ¦ 10)
Where:
Dy = Sulfur deficit incurred in compliance period y, in ppm-gallons.
(3) Reporting annual average sulfur levels, (i) Gasoline manufacturers must calculate and
report annual average sulfur levels as follows:
„ _ ZP=i(Vi ¦ Sj)
SP=iVi
Where:
Sa = The facility annual average sulfur level, in ppm.
(ii) Gasoline manufacturers must calculate and report net annual sulfur levels as follows:
CSVy
Snet =
Where:
Snet = The facility net annual average sulfur level, in ppm. The net annual average sulfur
level is the average sulfur level for gasoline produced at a facility or by an importer after
adjusting for credits and deficits as allowed under this subpart.
(iii) Calculations under this paragraph are rounded and reported to two decimal places in
accordance with §1090.50.
(b) Compliance with the benzene average standards. Gasoline manufacturers must
demonstrate compliance with the benzene average standard in §1090.XXX by using the equation
in paragraph (b)(2) of this section and with the maximum benzene average standard in
§1090.XXX by using the equation in paragraph (b)(3) of this section. Compliance with the
benzene average standard is determined by taking the compliance benzene value calculated in
paragraph (b)(1) of this section (which is the total amount of benzene gallons for a gasoline
manufacturer's annual production), adjusting for any deficit from a previous compliance period
(as allowed under §1090.XXX), and using any needed credits as allowed under this subpart.
Compliance with the maximum benzene average standard is determined by calculating for each
facility the annual average benzene level in volume percent as specified in paragraph (b)(3) of
this section. Gasoline manufacturers must also calculate and report adjusted annual average
benzene levels as specified in paragraph (b)(4) of this section.
(1) Compliance benzene value calculation. A gasoline manufacturer's annual average
benzene value is determined as follows:
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Zn /vi ¦ Bi\
,=1 (~ioo~j + D(y-1) + DBz_Oxy - C
Where:
CBVy = Compliance benzene value for year y, in benzene gallons. Fractional values must
be rounded in accordance with §1090.50.
Vi = The volume of gasoline produced or imported in batch i, in gallons.
B; = The benzene content of batch i, per §1090.XXX, in volume percent.
n = The number of batches of gasoline produced or imported during the compliance
period.
i = Individual batch of gasoline produced or imported during the compliance period.
D(y-i) = Benzene deficit from the previous compliance period, per §1090.XXX, in
benzene gallons.
Dbz oxy = Benzene deficit from BOB recertification, per §1090.740(a), in benzene
gallons.
C = Benzene credits used by the gasoline manufacturer, per §1090.XXX, in benzene
gallons.
(2) Benzene compliance calculation, (i) Compliance with the benzene requirement in
§1090.XXX is achieved for calendar year y if:
(ii) Compliance with the benzene requirement in §1090.XXX is not achieved for calendar
year y if:
(iii) The deficit value to be included in the following year's compliance calculation is
determined as follows:
Where:
Dy = Benzene deficit incurred in compliance period y, in benzene gallons.
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(3) Annual average benzene concentration calculation, (i) The annual average benzene
concentration of gasoline produced at a fuel manufacturing facility or imported by an aggregated
import facility for an applicable compliance period is determined as follows:
R _ ZP=i(Vi ¦ Bj)
SP=iVi
Where:
Ba = Annual average benzene concentration for the applicable compliance period, in
volume percent benzene.
(ii) Compliance with the maximum benzene average standard in §1090.XXX is achieved
by a gasoline manufacturer if the value of Ba calculated in paragraph (b)(3)(i) of this section is
no greater than 1.30 volume percent for an applicable compliance period under §1090.XXX.
(4) Reporting net annual average benzene levels. Gasoline manufacturers must calculate
and report net annual average benzene levels as follows:
CBVy
Bnet=hlT^
Where:
Bnet = The fuel manufacturing facility net annual average benzene level, in volume
percent benzene. The net average benzene level is the average benzene level for gasoline
produced at a fuel manufacturing facility after adjusting for credits and deficits under this
subpart.
(5) The annual average benzene concentrations calculated in paragraphs (b)(3) and (4) of
this section must be rounded and reported to two decimal places in accordance with §1090.50.
(c) Accounting for oxygenate added at a downstream location. A gasoline manufacturer
may include the volume of oxygenate added at a downstream location and the estimated effects
of such blending on sulfur and benzene content in compliance calculations under this subpart,
provided that the gasoline manufacturer complies with the requirements in §1090.710.
(d) Inclusions. Gasoline manufacturers must include the following products in their
compliance calculations:
(1) CG.
(2) RFG.
(3) BOB.
(4) Added gasoline volume resulting from the production of gasoline from PCG as
follows:
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(i) ForPCGby subtraction as specified in §1090.1320(a)(1), include as a negative batch
the PCG volume and PCG sulfur and benzene content and include as a positive batch the new
batch of gasoline volume and sulfur and benzene content in compliance calculations under this
section.
(ii) For PCG by addition as specified in §1090.1320(a)(2), include as a positive batch
only the volume and sulfur and benzene content of the blendstock added to make the new batch
of gasoline in compliance calculations under this section. Do not include any test results or
volumes for the PCG or new batch of gasoline in these calculations.
(5) Inclusion of a particular batch of gasoline for compliance calculations for a
compliance year is based on the date the batch is produced, not shipped. For example, a batch
produced on December 30, 2021 but shipped on January 2, 2022 would be included in the
compliance calculations for the 2021 compliance period. However, the volume included in the
2021 compliance period for that batch would be the entire batch volume, even though the
shipment of all or some of the batch did not occur until 2022.
(e) Exclusions. Gasoline manufacturers must exclude the following products from their
compliance calculations:
(1) Gasoline that was not produced by the gasoline manufacturer.
(2) Blendstocks transferred to others as specified in §1090.XXX.
(3) PCG.
(4) Certified butane and certified pentane blended under §1090.XXX.
(5) TGP.
(6) Gasoline exempted under subpart G of this part from the average standards under
subpart C of this part.
§1090.705 Annual average facility level compliance.
(a) Gasoline manufacturers must comply with average standards at the individual facility
level.
(b) Gasoline manufacturers must achieve compliance at the individual facility level for
the maximum benzene average standard in §1090.310(b).
(c) Gasoline importers must aggregate all import facilities within a PADD as a single
facility to comply with average standards under subpart P of this part.
§1090.710 Downstream oxygenate accounting.
The requirements of this section apply to BOB for which a gasoline manufacturer is
accounting for the effects of the oxygenate blending that occurs downstream of the fuel
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manufacturing facility in the gasoline manufacturer's average standard compliance calculations
of this subpart. This section includes requirements on distributors to ensure that oxygenate is
added in accordance with the blending instructions specified by the gasoline manufacturer in
order to ensure fuel quality standards are met.
(a) Provisions for gasoline manufacturers. In order to account for the effects of
oxygenate blending downstream, a gasoline manufacturer of BOB must meet all the following
requirements:
(1) Produce or import the BOB such that, when blended with a specified type and amount
of oxygenate, the gasoline continues to meet the applicable gasoline standards in subpart C of
this part after the addition of the specified type and amount of oxygenate.
(2) Conduct tests on each batch of BOB produced or imported that represents the gasoline
after the specified type and amount of each oxygenate is added to the batch of BOB by creating a
hand blend in accordance with §1090.1342 and determining the properties of the hand blend
using methods specified in subpart M of this part.
(3) Participate in the independent sampling oversight program specified in §1090.1440 or
have an approved in-line blending waiver under §1090.XXX.
(4) Transfer ownership of the BOB only to an oxygenate blender that is registered with
EPA under subpart I of this part or to an intermediate owner with the restriction that it only be
transferred to a registered oxygenate blender.
(5) Specify each oxygenate type and amount (or range of amounts) that the gasoline
manufacturer certified for compliance of the hand blend on the PTD for the BOB, as specified in
§1090. XXX.
(6) Participate in the national fuels survey program under subpart N of this part.
(b) Requirements for oxygenate blenders. For all BOBs received by any oxygenate
blender, the oxygenate blender must add oxygenate of the type(s) and amount (or within the
range of amounts) as specified on the PTD for the BOB, except as specified in paragraph (c)(2)
of this section.
(c) Limitations. (1) Only the gasoline manufacturer that first certifies the BOB may
account for the downstream addition of oxygenate under this section. On any occasion where any
person downstream of the fuel manufacturing facility gate of the gasoline manufacturer that
produced or imported gasoline or BOB adds oxygenate to such product, the person may not
include the volume and sulfur and benzene content of the oxygenate in any compliance
calculations for demonstrating compliance with the average standards specified in subpart C of
this part or for credit generation under this subpart. All applicable per-gallon standards specified
in subpart C of this part continue to apply.
(2) A person downstream of the fuel manufacturing facility gate may redesignate BOBs
for use as gasoline without the addition of the specified type and amount of oxygenate if the
provisions of §1090.740 are met. Parties that redesignate BOBs for use as gasoline without the
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addition of the specified type and amount of oxygenate are gasoline manufacturers and must
meet all applicable requirements for gasoline manufacturers specified in this part.
§1090.715 Deficit carryforward.
(a) A gasoline manufacturer may exceed an average standard specified in subpart C of
this part for a given compliance period, creating a compliance deficit, provided that, in the
following compliance period, the gasoline manufacturer meets all the following requirements:
(1) The gasoline manufacturer achieves compliance with the applicable average standard
in subpart C of this part.
(2) The gasoline manufacturer uses additional credits sufficient to offset the compliance
deficit of the previous year.
(b) The deficit incurred must be determined by §1090.XXX for sulfur and §1090.XXX
for benzene.
(c) Gasoline manufacturers must use any previously generated or obtained credits to
achieve compliance with an average standard specified in subpart C of this part before creating a
deficit.
(d) EPA may allow an extended period of deficit carryforward if it grants hardship relief
under the provisions of subpart G of this part from an average standard specified in subpart C of
this part.
§1090.720 Credit use.
(a) General credit use provisions. Only gasoline manufacturers specified in § 1090.725(a)
may generate, use, transfer, or own credits generated under this subpart. Credits may be used by
a gasoline manufacturer to comply with the gasoline average standards specified in subpart C of
this part. Gasoline manufacturers may also bank credits for future use, transfer credits to another
facility within a company (i.e., intracompany trading), or transfer credits to another gasoline
manufacturer, if all applicable requirements of this subpart are met.
(b) Part 80 credit use. Valid credits generated under 40 CFR 80.1615 and 80.1290 may
be used by gasoline manufacturers to comply with the average standards in subpart C of this part,
subject to the provisions of this subpart.
(c) Credit life. Credits are valid for use for 5 years after the year in which they are
generated.
(d) Limitations on credit use. (1) Credits that have expired may not be used for
demonstrating compliance with the average standards specified in subpart C of this part or be
used to replace invalid credits under §1090.XXX.
(2) A gasoline manufacturer possessing credits must use all credits prior to falling into
compliance deficit under §1090.XXX.
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(3) Credits may not be used to meet per-gallon standards.
(4) Credits may not be used to meet the maximum benzene average standard in
§1090. XXX.
(e) Gasoline manufacturers that generate, transact, or use credits under this subpart must
report to EPA under subpart J of this part using forms and procedures specified by EPA.
§1090.725 Credit generation.
(a) Parties that may generate credits. (1) Only gasoline manufacturers may generate
credits for use towards an average standard specified in subpart C of this part.
(2) No person other than a gasoline manufacturer may generate credits. Credits may also
not be generated by transmix processors, transmix blenders, oxygenate blenders, certified butane
blenders, certified pentane blenders, or truck and rail importers that use the alternative sampling
and testing requirements in §1090.1325.
(b) Credit year. Credits generated under this section must be identified by the year of
generation. For example, credits generated on gasoline produced in 2021 must be identified as
2021 credits.
(c) Sulfur credit generation. (1) The number of credits generated for use in complying
with the sulfur average standard in §1090.XXX must be calculated annually for each applicable
compliance period as follows:
Cy = Credits generated for the compliance period for use in complying with the sulfur
average standard in §1090.XXX, in ppm-gallons.
Vi = The volume of gasoline produced or imported in batch i, in gallons.
n = The number of batches of gasoline produced or imported during the compliance
period.
i = Individual batch of gasoline produced or imported during the compliance period.
CSVy = Compliance sulfur value for compliance period y, per §1090.700(a)(1), in ppm-
gallons.
(2) The value of Cy must be positive to generate credits.
(3) Sulfur credits generated under this paragraph are in units of "ppm-gallons".
Where:
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(4) Sulfur credits calculated under paragraph (c)(1) of this section must be expressed to
the nearest ppm-gallon. Fractional values must be rounded in accordance with §1090.50.
(d) Benzene credit generation. (1) The number of credits generated for use in complying
with the benzene average standard in §1090.XXX must be calculated annually for each
applicable compliance period as follows:
Cy = Benzene credits generated for the compliance period for use in complying with the
benzene average standard in §1090.XXX, in benzene gallons.
Vi = The volume of gasoline produced or imported in batch i, in gallons.
B; = The benzene content of batch i, per §1090.XXX, in volume percent.
n = The number of batches of gasoline produced or imported during the compliance
period.
i = Individual batch of gasoline produced or imported during the compliance period.
CBVy = Compliance benzene value for compliance period y, per §1090.700(b)(1), in
benzene gallons.
(2) The value of Cy must be positive to generate credits.
(3) Benzene credits generated under this paragraph are in units of "benzene gallons".
(4) Benzene credits calculated under paragraph (d)(1) of this section must be expressed to
the nearest benzene gallon. Fractional values must be rounded in accordance with §1090.50.
(e) Gasoline manufacturers that generate credits under this section must report to EPA all
information regarding the generate transaction under subpart J of this part using forms and
procedures specified by EPA.
§1090.730 Credit transfers.
Gasoline manufacturers may only obtain credits from another gasoline manufacturer to
meet an average standard specified in subpart C of this part if all application provisions of this
section are met.
(a) The credits are generated under the requirements of this subpart and reported under
subpart J of this part.
(b) The credits are used for compliance with the limitations regarding the appropriate
periods for credit use in §1090.XXX.
Where:
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(c) Any credit transfer must take place no later than the compliance deadline specified in
§1090.XXX following the compliance period when the credits are obtained.
(d) The credit has not been transferred between EPA registered companies more than
twice. The first transfer by the gasoline manufacturer that generated the credit ("transferor") may
only be made to a gasoline manufacturer that intends to use the credit ("transferee"). If the
transferee cannot use the credit, it may make the second, and final, transfer only to a gasoline
manufacturer that intends to use the credit. Intracompany credit transfers are unlimited.
(e) The transferor must apply any credits necessary to meet the transferor's applicable
average standard before transferring credits to any other gasoline manufacturer.
(f) The transferor may not incur a deficit due to the transfer of credits.
(g) Unless the transferor and transferee are the same party (e.g., intracompany transfers),
the transferor must supply to the transferee records under subpart L of this part indicating the
years the credits were generated, the identity of the gasoline manufacturer that generated the
credits, and the identity of the transferring party.
(h) The transferor and the transferee report to EPA all information regarding the
transaction under subpart J of this part using forms and procedures specified by EPA.
§1090.735 Invalid credits and remedial actions.
In the case of credits that have been calculated or generated improperly, or are otherwise
determined to be invalid, all the following provisions apply:
(a) Invalid credits may not be used to achieve compliance with an average standard,
regardless of the good faith belief that the credits were validly generated.
(b) Any validly generated credits existing in the transferring gasoline manufacturer's
credit balance after correcting the credit balance, and after the transferor applies credits as
needed to meet the average standard at the end of the compliance period, must first be applied to
correct the invalid transfers before the transferring gasoline manufacturer trades or banks the
credits.
(c) Remedial action. The gasoline manufacturer that used the credits, and any transferor
of the credits, must adjust their credit records, reports, and average standard compliance
calculations as necessary to reflect the use of valid credits only. Updates to any reports must be
done in accordance with subpart J of this part using forms and procedures specified by EPA.
§1090.740 Downstream oxygenate recertification.
(a)(1) Oxygenate blenders may recertify a BOB that a gasoline manufacturer has
specified blending instructions for oxygenate(s) under §1090.710 for a different type and/or
amount of oxygenate (including gasoline recertification to contain no oxygenate) if the
oxygenate blender meets all the requirements of this section.
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(2) Oxygenate blenders that recertify BOB under this section are considered gasoline
manufacturers for purposes of complying with applicable requirements of this part and incur
deficits to be included in the compliance calculations in §1090.700.
(b) Oxygenate blenders that recertify a BOB under this section must calculate deficits for
sulfur, in ppm-gallons, and benzene, in benzene gallons, as follows:
(1) Sulfur deficits from downstream oxygenate recertification. Calculate the quantity of
sulfur ppm-gallons from gasoline recertification to include in the compliance calculations in
§1090.700 as follows:
DS oxy = Sulfur deficit resulting from recertifying the gasoline, in ppm-gallons. Fractional
values must be rounded in accordance with §1090.50.
VBase = The volume of gasoline in the batch being recertified, in gallons.
PTDoxy = The volume fraction of oxygenate that would have been added to the BOB as
specified on PTDs.
Voxy i = The volume of an oxygenate in the batch being recertified, in gallons.
Soxy i = The sulfur content of oxygenate i, per §1090.XXX, in ppm.
(2) Benzene deficits from downstream oxygenate recertification. Calculate the quantity of
benzene gallons from gasoline recertification to include in the compliance calculations in
§1090.700 as follows:
Dbz oxy = Benzene deficit resulting from recertifying gasoline, in benzene gallons.
Fractional values must be rounded in accordance with §1090.50.
VBase = The volume of gasoline in the batch being recertified, in gallons.
PTDoxy = The volume fraction of oxygenate that would have been added to the BOB as
specified on PTDs.
(c) Gasoline manufacturers do not incur a deficit, nor may they generate credits, for
negative values from the equations in paragraphs (b)(1) and (2) of this section.
Where:
1
— 0.007 ¦ VBase
(1 - PTD0xy) 1
Where:
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(d) Deficits incurred under this section must be fulfilled in the compliance period in
which they occur and may not be carried forward under §1090.715.
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Subpart I—Registration
§1090.800 General provisions.
(a) Who must register. The following parties must register with EPA prior to engaging in
any activity under this part:
(1) Gasoline manufacturers.
(2) Diesel and distillate fuel manufacturers.
(3) EC A marine fuel manufacturers.
(4) Oxygenate blenders.
(5) Oxygenate producers and importers.
(6) Certified butane blenders.
(7) Certified pentane producers.
(8) Certified pentane blenders.
(9) Transmix processors.
(10) Transmix blenders.
(11) Certified ethanol denaturant producers.
(12) Distributors, carriers, and resellers who are part of a 500 ppm LLM diesel chain and
who are part of a compliance plan under §1090.515(c).
(13) Independent surveyors.
(14) Auditors.
(15) Third parties that submit reports on behalf of any party regulated under this part.
Such parties must register and associate their registration with the entity for whom they are
reporting.
(b) Dates for registration. The deadlines for registration are as follows:
(1) New registrants. Except as specified in paragraph (b)(2) of this section, parties not
currently registered with EPA must register with EPA no later than 60 days in advance of the
first date that such person engages in any activity under this part requiring registration under
paragraph (a) of this section.
(2) Existing registrants. Parties that are already registered with EPA as of January 1,
2021 are deemed to be registered for purposes of this part, except that such parties are
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responsible for reviewing and updating their registration information consistent with the
requirements of this part and paragraph (c) of this section.
(c) Updates to registration. A registered party must submit updated registration
information to EPA within 30 days of any occasion when the registration information previously
supplied becomes incomplete or inaccurate.
(d) Forms and procedures for registration. All registrations must use forms and
procedures specified by EPA.
(e) Company ID andfacility ID numbers. EPA will provide registrants with a company
registration number and facility registration number for each facility to be used for
recordkeeping and reporting under this part.
(f) English language. Registration information submitted to EPA must be in English.
§1090.805 Contents of registration.
(a) General information requiredfor all registrants. The following general information
must be submitted to EPA by all entities required to register:
(1) Company information. For the company of the party, all the following information:
(1) The company name.
(ii) Company address, which must be the physical address of the business (e.g., not a post
office box).
(iii) Mailing address, if different from company address.
(iv) Name, title, telephone number, and email address of an RCO. The RCO may delegate
responsibility to a person who is familiar with the requirements of this part and who is no lower
in the organization than a fuel manufacturing facility manager, or equivalent. Delegation must be
made using forms and procedures specified by EPA.
(2) Facility information. For each separate facility, all the following information.
(i) The facility name.
(ii) The physical location of the facility.
(iii) A contact name and telephone number for the facility.
(iv) The type of facility.
(3) Location of records. For each separate facility, and for each importer's operations in a
single PADD:
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(1) Whether records are kept on-site or off-site of the facility, or in the case of importers,
the registered address.
(ii) If records are kept off-site, the primary off-site storage name, physical location,
contact name, and telephone number.
(4) Activities. A description of the activities that are engaged in by the company and its
facilities (e.g., refining, importing, etc.).
(b) Additional information requiredfor certifiedpentane producers. (1) A description of
the production facility that demonstrates that the facility is capable of producing certified
pentane that is compliant with the requirements of this part without significant modifications to
the existing facility.
(2) A description of how the certified pentane will be shipped from the production facility
to the certified pentane blender(s) and the associated quality assurance practices that demonstrate
that contamination during distribution can be adequately controlled so as not to cause the
certified pentane to be in violation of the standards in this part.
§1090.810 Voluntary cancellation of company or facility registration.
(a) Criteria for cancellation. An RCO or RCO delegate may request cancellation of the
registration of the company or any of its facilities at any time. Such request will use forms and
procedures specified by EPA.
(b) Effect of cancellation. A company whose registration is canceled:
(1) Will still be liable for violation of any requirements under this part.
(2) Will not be listed on any public list of actively registered companies that is
maintained by EPA.
(3) Will not have access to any of the electronic reporting systems associated with this
subpart.
(4) Will still be required to follow the recordkeeping provisions under Subpart L of this
part.
(c) Re-registration. If a company whose registration has been cancelled wants to re-
register, it must do all the following:
(1) Notify EPA of its intent to re-register.
(2) Provide any missing reports and correct any identified deficiencies.
(3) Refrain from initiating a new registration unless directed to by EPA.
(4) Submit updated information as needed.
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§1090.815 Involuntary cancellation of company registration.
(a) Criteria for cancellation. EPA may cancel a company's registration, using the process
specified in paragraph (b) of this section, if any of the following criteria are met:
(1) The company has failed to comply with the registration requirements under this
subpart.
(2) The company has failed to submit any required report within 30 days of the required
submission date under subpart J of this part.
(3) The attest engagement required by subpart R of this part has not been received within
30 days of the required submission date.
(b) Cancellation process. EPA will use the following process whenever it decides to
cancel the registration of a company:
(1) EPA will provide written notification to the RCO identifying the reasons or
deficiencies of why EPA intends to cancel the company's registration. The company will have
60 days from the date of the notification to correct the deficiencies identified or explain why
there is no need for corrective action. If the deficiencies are not corrected or explained within 60
days, EPA will cancel the registration without further notice to the party.
(2) If the basis for EPA's notice of intent to cancel registration is the absence of reporting
activity, the company will have 60 days from the date of the notification to submit its delinquent
reports. If the delinquent reports are not received by EPA within 60 days, EPA may cancel the
registration without further notice to the party.
(c) Effect of cancellation. A company whose registration is cancelled:
(1) Will still be liable for violation of any requirements of this part.
(2) Will not be listed on any public list of actively registered companies that is
maintained by EPA.
(3) Will not have access to any of the electronic reporting systems associated with this
subpart.
(4) Will still be required to follow the recordkeeping provisions under subpart J of this
part.
(d) Re-registration. If a company whose registration has been cancelled wants to re-
register, it must do all the following:
(1) Notify EPA of its intent to re-register.
(2) Provide any missing reports and correct any identified deficiencies.
(3) Refrain from initiating a new registration unless directed to by EPA.
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(4) Submit updated information as needed.
§1090.820 Changes of ownership.
(a) When a company or any of its facilities will change ownership, the company must
notify EPA at least 60 days prior to the date of the change in ownership.
(b) The notification required under paragraph (a) of this section must include all the
following:
(1) The effective date of the transfer of ownership of the facility and a summary of any
changes to the registration information for the affected companies and facilities.
(2) Documents that demonstrate the sale or change in ownership of the facility.
(3) A letter, signed by an RCO from the company that currently owns or will own the
company and/or facility and, if possible, an RCO from the company that previously registered
the company and/or facility that details the effective date of the transfer of ownership of the
company and/or facility and summarizes any changes to the registration information.
(4) Any additional information requested by EPA to complete the change in registration.
(c) If the documents specified in paragraph (b)(2) of this section are not available at least
60 days prior to the date of the change in ownership, the company may provide such documents
to EPA within 3 business days of the effective date of the transfer of ownership.
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Subpart J—Reporting
§1090.900 General provisions.
(a) Forms and procedures for reporting. (1) All reporting, including all transacting of
credits under this part, must be completed 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 as part of reporting formats and procedures.
(b) English language. All reports submitted under this subpart must be submitted in
English.
(c) Rounding. All values measured or calculated under this subpart must be rounded in
accordance with §1090.50.
(d) Report submission. All reports required under this subpart, except attest 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).
Attest engagement reports must be submitted by June 1 for the preceding compliance period
(e.g., attest engagement reports covering calendar year 2021 must be submitted to EPA by no
later than June 1, 2022).
§1090.905 Annual, batch, and credit transaction reporting for gasoline manufacturers.
(a) Annual compliance demonstration for sulfur. Any gasoline manufacturers, for each of
its facilities must submit a report for each compliance period that includes the following
information:
(1) The EPA-issued company and facility identification numbers.
(2) The total volume of gasoline produced or imported, per §1090.700(d), expressed in
gallons.
(3) The compliance sulfur value, expressed in ppm-gallons.
(4) Separately provide information for credits, and separately by compliance period of
creation, as follows:
(i) The number of credits owned at the beginning of the compliance period.
(ii) The number of credits generated during the compliance period.
(iii) The number of credits retired during the compliance period.
(iv) If any credits were obtained from or transferred to other fuel manufacturers, and for
each other party, its name and EPA-issued company and facility registration numbers, and the
number of credits obtained from or transferred to the other party.
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(v) The number of credits that expired at the end of the compliance period.
(vi) The number of credits that will carry over into the next compliance period.
(vii) The credit deficit that was carried over from the previous compliance period
(viii) The credit deficit to be carried over into the next compliance period.
(ix) Any credit deficit incurred from downstream oxygenate recertification.
(5) Any other information as EPA may require.
(b) Annual compliance demonstration for benzene. Any gasoline manufacturer for each
of its facilities must submit a report for each compliance period that includes all the following
information:
(1) The EPA-issued company and facility identification numbers.
(2) The total volume of gasoline produced or imported, per §1090.700(d), expressed in
gallons.
(3) The compliance benzene value, expressed in gallons.
(4) The annual average benzene concentration of gasoline produced or imported,
expressed as a percentage.
(5) Separately provide information for credits, and separately by year of creation, as
follows:
(i) The number of credits at the beginning of the compliance period.
(ii) The number of credits generated during the compliance period.
(iii) The number of credits retired during the compliance period.
(iv) If any credits were obtained from or transferred to other parties, and for each other
party, its name and EPA-issued company and facility registration numbers, and the number of
credits obtained from or transferred to the other party.
(v) The number of credits that expired at the end of the compliance period.
(vi) The number of credits that will carry over into the next compliance period.
(vii) The credit deficit that was carried over from the previous compliance period
(viii) The credit deficit to be carried over into the next compliance period.
(ix) Any credit deficit incurred from downstream oxygenate recertification.
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(6) Any other information as EPA may require.
(c) Batch reporting. Any gasoline manufacturers for each of its facilities must report the
following information on a per-batch basis for gasoline and gasoline blendstocks:
(1) For gasoline (conventional gasoline and RFG), and BOB (i.e., when oxygenate to be
blended with the BOB is not reported by, or included in, the compliance calculations of the
gasoline manufacturer that produced the BOB):
(1) The EPA-issued company and facility identification numbers.
(ii) The batch number.
(iii) The date the batch was produced or imported.
(iv) The batch volume, expressed in gallons.
(v) The designation of the gasoline, or BOB (conventional gasoline, RFG, CBOB, or
RBOB).
(vi) The tested sulfur content of the batch, expressed in ppm, and the test method used to
measure the sulfur content.
(vii) The tested benzene content of the batch, expressed as a volume percentage, and the
test method used to measure the benzene content. Gasoline produced by a transmix processor
using only TGP or TGP and PCG under §1090.510 is exempt from the requirement to measure
the benzene content under §1090.1320(d). Transmix processors that use this exemption must
report that the batch was produced using TGP or TGP and PCG.
(viii) For all batches of summer gasoline or BOB:
(A) The applicable RVP standard, as specified §1090.315.
(B) The tested RVP of the batch, expressed in psi, and the test method used to measure
the RVP.
(ix) If the gasoline, or BOB contains oxygenate, the type(s) of oxygenate and tested
oxygenate content(s), expressed as a volume percentage, and the test method used to measure the
oxygenate content.
(2) For BOB in which the oxygenate to be blended with the BOB is reported by, and
included in, the compliance calculations of the gasoline manufacturer that produced the BOB:
(i) The EPA-issued company and facility identification numbers.
(ii) The batch number.
(iii) The date the batch of BOB was produced or imported.
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(iv) The batch volume, expressed in gallons. This volume is the sum of the BOB volume
and the oxygenate volume that the gasoline manufacturer specifies to be blended with the BOB.
(v) The designation of the BOB (CBOB or RBOB) used to prepare the hand blend of
BOB and oxygenate under §1090.1342.
(vi) The tested sulfur content for both the BOB and the hand blend of BOB and
oxygenate prepared under §1090.1342.
(vii) The tested benzene content for the hand blend of BOB and oxygenate prepared
under §1090.1342.
(viii) For all batches of summer gasoline:
(A) The applicable RVP standard, as specified in §1090.315, for the neat CBOB, or hand
blend of RBOB and oxygenate prepared under §1090.1342.
(B) The tested RVP of the both the BOB and the hand blend prepared under §1090.1342,
expressed in psi, and the test method used to measure the RVP.
(ix) The type(s) of oxygenate and oxygenate content for each oxygenate, expressed as a
volume percentage, in the hand blend of BOB and oxygenate prepared under §1090.1342.
(3) For blendstock(s) added by gasoline manufacturers to PCG and complying by
subtraction under §1090.1320(a)(1):
(i) For the received PCG prior to the addition of blendstock(s):
(A) The EPA-issued company and facility identification numbers for the receiving
facility.
(B) The batch number assigned by the receiving facility.
(C) The date the batch was received.
(D) The batch volume, expressed as a negative number in gallons.
(E) The designation of the received gasoline or BOB.
(F) The tested sulfur content of the batch, expressed in ppm, and the test method used to
measure the sulfur content.
(G) The tested benzene content of the batch, expressed as a volume percentage, and the
test method used to measure the benzene content.
(H) For all batches of summer gasoline or BOB:
(/) The applicable RVP standard, as specified in §1090.315.
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(2) The tested RVP of the batch, expressed in psi, and the test method used to measure
the RVP.
(I) If the PCG contains oxygenate, the type(s) of oxygenate and oxygenate(s) content,
expressed as a volume percentage, and the test method used to measure the oxygenate content;
(J) Identification of the PCG batch as such.
(ii) For the batch of gasoline or BOB produced using PCG and blendstock:
(A) For batches of finished gasoline or neat BOB, all the information specified in
paragraph (c)(1) of this section.
(B) For batches of BOB in which the oxygenate to be blended with the BOB is included
in the gasoline manufacturer's compliance calculations, all the information specified in
paragraph (c)(2) of this section.
(4) For blendstock added by gasoline manufacturers to PCG and complying by addition
per §1090.1320(a)(2) (i.e., treat the blendstock as a separate batch):
(i) For the blendstock, all the information specified in §1090.1320(c)(1).
(ii) For the PCG after addition of blendstock, all the information specified in
§1090.1320(c)(1), except for the benzene content and oxygenate type and content.
(5) For certified butane blended by certified butane blenders and certified pentane
blended by certified pentane blenders:
(i) For the certified butane or certified pentane batch:
(A) The batch number.
(B) The date the batch was received by the blender.
(C) The batch volume, expressed in gallons.
(D) The designation of the batch (butane or pentane).
(E) The sulfur content of the batch, expressed in ppm, provided by the butane or pentane
supplier.
(F) The benzene content of the batch, expressed in volume percent, provided by the
butane or pentane supplier.
(G) The RVP of the batch, expressed in psi, provided by the butane or pentane supplier
for butane or pentane blended into PCG from May 1 through September 15.
(H) The volume percentage of butane in butane batches, or pentane in pentane batches.
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(ii) For the batch of blended product (i.e., PCG plus butane or PCG plus pentane):
(A) The batch number.
(B) The date the batch was produced.
(C) The batch volume, expressed in gallons.
(D) The designation of the blended product.
(E) The RVP of the batch, expressed in psi, and the test method used to measure the
RVP.
(F) A statement affirming that all gasoline produced using butane or pentane meets all
applicable standards in subpart C of this part.
(6) For manufacturers of TGP and any blendstocks added to TGP:
(i) For the TGP, all the information specified in §1090.1320(c)(1), except for the benzene
content and the oxygenate type and content.
(ii) For blendstocks added to TGP, where the TGP is treated like PCG, one of the
following:
(A) The information specified in paragraph (c)(3) of this section.
(B) The information specified in paragraph (c)(4) of this section.
(7) ForGTAB:
(i) The EPA-issued company and facility identification numbers.
(ii) The batch number.
(iii) The date the batch was imported.
(iv) The batch volume, expressed in gallons.
(v) The designation of the product as GTAB.
(8) Any other information as EPA may require.
(d) Credit transactions. (1) Any party that is required to submit an annual compliance
demonstration report for either sulfur or benzene under paragraph (a) or (b) of this section must
submit information related to individual transactions involving sulfur and benzene credits
including all the following:
(i) The generation, purchase, sale, or retirement of such credits.
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(ii) Associated volumes of fuel.
(iii) Identification of the trading partner.
(2) Credits must be transacted using forms and procedures specified by EPA.
(3) All credit generations and retirements must be submitted to EPA by March 31 for the
preceding compliance period.
(4) Any other information as EPA may require.
§1090.910 Reporting for gasoline manufacturers that recertify BOB to gasoline.
Any person that recertifies BOB under §1090.740 must report the information of this
section, as applicable.
(a) Batch reporting. (1) Any person that recertifies a BOB under §1090.740 with less
oxygenate than specified by the fuel manufacturer of the BOB must report the following for each
batch:
(1) The EPA-issued company and facility identification numbers for the recertifying
gasoline manufacturer.
(ii) The batch number assigned by the recertifying gasoline manufacturer.
(iii) The date the batch was recertified.
(iv) The batch volume, expressed 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 12 ppm.
(vii) A benzene content of 0.07 volume percent.
(viii) The type(s) of oxygenate and oxygenate(s) content, expressed as a volume
percentage.
(2) Any person that recertifies a BOB under §1090.740 with more oxygenate than
specified by the fuel manufacturer of the BOB must not report the batch.
(b) Annual sulfur and benzene compliance reporting. Any person 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. Any person that recertifies a BOB under §1090.740 must report
any credit transactions under § 1090.905(d).
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§1090.915 Batch reporting for oxygenate producers and importers.
Any oxygenate producer, for each of its production facilities, and any importer for the
oxygenate it imports, must submit a report for each compliance period that includes all the
following information:
(a) The EPA-issued company and facility registration numbers.
(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.XXX.
(ii) Denatured ethanol from non-certified denaturant.
(iii) A specified oxygenate other than ethanol.
(4) The volume of the batch, expressed in gallons.
(5) The sulfur content of the batch, expressed in ppm, and the test method used to
measure the sulfur content.
(d) Any other information as EPA may require.
§1090.920 Reports by certified pentane producers and importers.
Any producer of certified pentane for use by certified pentane blenders 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 registration numbers.
(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, expressed in gallons.
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(4) The pentane content of the batch, expressed as a volume percentage.
(5) The sulfur content of the batch, expressed in ppm, and the test method used to
measure the sulfur content.
(6) The benzene content of the batch, expressed as a volume percentage, and the test
method used to measure the benzene content.
(c) Any other information as EPA may require.
§1090.925 Reports by independent surveyors.
(a) General procedures. (1) Independent surveyors must electronically submit any plans,
notifications, or reports required under this subpart to the official designated in §1090.XXX
using forms and procedures specified by EPA.
(2) For each report required under this section, the independent surveyor must attest that
the survey was conducted in accordance with an EPA-approved survey plan and that the survey
results are accurate.
(3) The independent surveyor must include an EPA-issued company identification
number on each report required under this section.
(4) Independent surveyors must submit quarterly reports required under paragraph (c) of
this section by the following deadlines:
Table 1 to §1090.XXX—Quarterly Reporting Deadlines
Calendar quarter
Time period covered
Quarterly report deadline
Quarter 1
January 1-March 31
June 1.
Quarter 2
April 1-June 30
September 1.
Quarter 3
July 1-September 30
December 1.
Quarter 4
October 1-December 31
March 31.
(5) Independent surveyors must submit annual reports for the previous compliance period
as required under paragraph (d) of this section by March 31 of each year.
(b) Quarterly reporting. Independent surveyors 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.
(ii) The displayed fuel manufacturer brand name at the retail outlet, if any.
(iii) The location (e.g., address) of the retail outlet.
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(2) For each gasoline sample collected at a retail outlet by the independent surveyor:
(i) A description of the labeling of the fuel dispenser(s) (e.g., "El 5") from which the
independent surveyor collected the sample.
(ii) The date and time the independent surveyor collected the sample.
(iii) The test results for each gasoline sample as determined by the independent surveyor
including the following parameters:
(A) The oxygen content in weight percent.
(B) The oxygenates type(s) and amount(s) 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 (i.e., E200, E300, T50, T90), if tested.
(3) For each diesel sample collected at a retail outlet by the independent surveyor:
(i) A description of the labeling of the fuel dispenser(s) (e.g., "El 5") from which the
independent surveyor collected the sample.
(ii) The date and time the independent surveyor collected the sample.
(iii) The sulfur content for the diesel sample as determined by the independent surveyor,
in ppm.
(4) Any other information as EPA may require.
(c) Annual reporting. Independent surveyors must submit the following information
annually.
(1) An identification of the parties that participated in the survey during the compliance
year.
(2) An identification of each geographic area included in a survey.
(3) Summary statistics for each identified geographic area including the following:
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(i) The number of samples collected and tested.
(ii) The mean, median, and range expressed in appropriate units for each measured
gasoline and diesel parameter.
(iii) The standard deviation for each measured gasoline and diesel parameter.
(iv) The estimated compliance rate for each measured gasoline and diesel parameter
subject to a per-gallon standard in subpart C or D of this part.
(v) A summary of potential non-compliance issues.
(4) Any other information as EPA may require.
§1090.930 Reports by auditors.
(a) Attest engagement reports must be submitted by independent auditors who are
registered with EPA and associated with a company, or companies, under subpart I of this part.
(b) An attest engagement report must be submitted to EPA covering each compliance
period and is due June 1 of the following calendar year.
(c) The attest engagement must comply with subpart R of this part and the attest
engagement report must clearly identify the methodologies followed and any findings,
exceptions, etc.
(d) The attest engagement report must include a statement from the audited company
acknowledging any discrepancies found or instances of noncompliance and must describe the
corrective action undertaken.
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Subpart K—Batch Certification, Designation, and Product Transfer Document
Requirements
BATCH CERTIFICATION AND DESIGNATION
§1090.1100 Batch certification requirements.
(a) General provisions. (1) Fuel manufacturers, fuel additive manufacturers, and
regulated blendstock producers must certify batches of fuels, fuel additives, and regulated
blendstocks as specified in this section.
(2) Fuels, fuel additives, and regulated blendstocks that are exempt from the standards in
subparts C and D of this part under subpart G of this part do not need to be certified.
(3) For purposes of this part, the volume of a batch is 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. If a volume of fuel, fuel additive, or
regulated blendstock is placed in a tank, certified (if not previously certified), and is not changed
in some way, it is considered to be the same batch even if several shipments or transfers are
made out of that tank.
(4) No person may introduce into commerce gasoline, diesel fuel, or ECA marine fuel
without certifying such fuel as required under this section.
(b) Gasoline. (1) Gasoline manufacturers must certify gasoline as specified in paragraph
(b)(2) of this section prior to introducing the fuel into commerce.
(2) To certify batches of gasoline, gasoline manufacturers must do the following:
(i) Register as a refiner, blending manufacturer, importer, transmix processor, transmix
blender, certified butane blender, or certified pentane blender under subpart J of this part, as
applicable, prior to manufacturing gasoline.
(ii) Ensure that each batch of gasoline meets the applicable requirements of subpart C of
this part using the applicable procedures specified in subpart M of this part. Transmix processors
and transmix blenders must also meet all applicable requirements in subpart E of this part to
ensure that each batch of gasoline meets the applicable requirements in subpart C of this part.
(iii) Assign batch numbers as specified in §1090.1120.
(iv) Designate batches of gasoline as specified in §1090.1105.
(3) Certified gasoline may be fungibly mixed with other certified gasoline without the
need for re-certification as long as the resulting mixture complies with §1090.1105 and subpart C
of this part. Resulting mixtures are not new batches and should not be assigned new batch
numbers.
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(c) Diesel fuel andlMO marine fuel. (1) Diesel fuel and IMO marine fuel manufacturers
must certify diesel fuel as specified in paragraph (c)(2) of this section prior to introducing the
fuel into commerce.
(2) To certify batches of diesel fuel and IMO marine fuel, diesel fuel and IMO marine
fuel manufacturers must do the following:
(1) Register as a refiner, blending manufacturer, importer, or transmix processor, transmix
blender under subpart J of this part, as applicable, prior to manufacturing gasoline.
(ii) Ensure that each batch of diesel fuel or IMO marine fuel meets the applicable
requirements of subpart D of this part using the applicable procedures specified in subpart M of
this part. Transmix processors must also meet all applicable requirements specified in subpart E
of this part to ensure that each batch of diesel fuel or IMO marine fuel meets the applicable
requirements in subpart D of this part.
(iii) Assign batch numbers as specified in §1090.1120.
(iv) Designate batches of diesel fuel as specified in §1090.1110.
(d) Oxygenates. (1) Oxygenate producers must certify oxygenates intended to be blended
into gasoline as specified in paragraph (d)(2) of this section.
(2) To certify batches of oxygenates, oxygenate producers and importers must do the
following:
(1) Register as an oxygenate producer under subpart J of this part prior to producing or
importing oxygenate intended for blending into gasoline.
(ii) Ensure that each batch of oxygenate meets the requirements in §1090.XXX by using
the applicable procedures specified in subpart M of this part.
(iii) Assign batch numbers as specified in §1090.1120.
(iv) Designate batches of oxygenate as intended for blending with gasoline as specified in
§1090.1115.
(e) Certified butane. (1) Certified butane producers must certify butane intended to be
blended by a blending manufacturer under §1090.XXX as specified in paragraph (e)(2) of this
section.
(2) To certify batches of certified butane, certified butane producers must do the
following:
(i) Ensure that each batch of certified butane meets the requirements in §1090.XXX by
using the applicable procedures specified in subpart M of this part.
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(ii) Designate batches of certified butane as intended for blending with gasoline as
specified in §1090.1115.
(f) Certifiedpentane. (1) Certified pentane producers must certify pentane intended to be
blended by a blending manufacturer under §1090.XXX as specified in paragraph (f)(2) of this
section.
(2) To certify batches of certified pentane, certified pentane producers must do the
following:
(1) Register as a certified pentane producer under subpart J of this part prior to producing
certified pentane.
(ii) Ensure that each batch of certified pentane meets the requirements in §1090.XXX by
using the applicable procedures specified in subpart M of this part.
(iii) Assign batch numbers as specified in §1090.1120.
(iv) Designate batches of certified pentane as intended for blending with gasoline as
specified in §1090.1115.
(g) Certified ethanol denaturant. (1) Certified ethanol denaturant producers must certify
certified ethanol denaturant intended to be used to make DFE that meets the requirements in
§1090.XXX as specified in paragraph (g)(2) of this section.
(2) To certify batches of certified ethanol denaturant, certified ethanol denaturant
producers must do the following:
(i) Register as a certified ethanol denaturant producer under subpart J of this part prior to
producing certified ethanol denaturant.
(ii) Ensure that each batch of certified ethanol denaturant meets the requirements in
§1090.XXX by using the applicable procedures specified in subpart M of this part.
(iii) Assign batch numbers as specified in §1090.1120.
(iv) Designate batches of certified ethanol denaturant as intended for blending with
gasoline as specified in §1090.1115.
§1090.1105 Designation of batches of fuels, fuel additives, and regulated blendstocks.
(a) Fuel manufacturers, fuel additive manufacturers, and regulated blendstock producers
must designate batches of fuels, fuel additives, and regulated blendstocks as specified in this
subpart.
(b) Fuel manufacturers, fuel additive manufacturers, and regulated blendstock producers
must include designations on PTDs as specified in this subpart and must make the designation
prior to the batch leaving the facility at which the batch was produced.
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(c) By designating a batch of fuel, fuel additive, or regulated blendstock under this
subpart, the designating party is acknowledging that the batch of fuel, fuel additive, or regulated
blendstock is subject to all applicable standards under this part.
(d) Failing to designate or improperly designating a batch does not exempt the fuel, fuel
additive, or regulated blendstock from applicable standards under this part nor does it remove
liability for complying with any provision of this part for any person.
(e) No person may use the designation provisions of this subpart to circumvent any
standard or requirement in this part.
§1090.1110 Designation requirements for gasoline.
(a) Designation requirements for gasoline manufacturers. Gasoline manufacturers must
accurately and clearly designate each batch of gasoline as follows:
(1) Gasoline manufacturers must designate each batch of gasoline as one of the following
fuel types:
(1) Winter RFG orRBOB.
(ii) Summer RFG or RBOB.
(iii) Winter CG or CBOB.
(iv) Summer CG or CBOB.
(v) Exempt gasoline (including additional identifying information specified in subpart G
of this part).
(2) Manufacturers must further designate gasoline designated as summer CG or summer
CBOB as follows:
(i) 7.8 psi Summer CG or CBOB.
(ii) 9.0 psi Summer CG or CBOB.
(iii) SIP-controlled Summer CG or CBOB.
(3) CBOB and RBOB manufacturers 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 §1090.7XX.
(b) Designation requirements for gasoline distributors. Gasoline distributors 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) Distributors must accurately and clearly classify each batch or portion of each batch
of gasoline as specified by the gasoline manufacturer in paragraph (a) of this section.
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(2) Distributors may redesignate batches or portions of batches of gasoline for which they
transfer custody to another facility without recertifying the batch or portion of the batch as
follows:
(i) Winter RFG or RBOB may be redesignated as Winter CG or CBOB.
(ii) Winter CG or CBOB may be redesignated as Winter RFG or RBOB.
(iii) Summer RFG or RBOB may be redesignated as Summer CG or CBOB.
(iv) Summer RFG or RBOB and Summer CG or CBOB may be redesignated to a less
stringent RVP designation. For example, a distributor could redesignate without recertification a
portion of a batch of Summer RFG to 7.8 psi Summer CG or 9.0 psi Summer CG.
(v) Summer RFG or RBOB and Summer CG or CBOB may be redesignated as Winter
RFG or RBOB or Winter CG or CBOB.
(vi) California gasoline may be redesignated as RFG or CG, with appropriate season
designation and RVP designation under §1090.1110(a)(2) and (a)(3) respectively, if the
requirements specified in §1090.XXX are met
(3) Distributors that redesignate batches or portions of gasoline under paragraph (b)(2) of
this section must accurately and clearly designate the batch or portion of the batch of gasoline as
specified in paragraph (a) of this section.
(c) Designation requirements for oxygenate producers. Oxygenate producers must
accurately and clearly designate each batch of oxygenate intended for blending with gasoline as
one of the following oxygenate types:
(1)DFE.
(2) The name of the specific oxygenate (e.g., iso-butanol).
(d) Designation requirements for certified butane and certified pentane. Certified butane
and certified pentane producers must accurately and clearly designate each batch of certified
butane and certified pentane as one of the following types:
(i) Certified butane.
(ii) Certified pentane.
(e) Designation requirements for certified ethanol denaturant. Certified ethanol
denaturant producers must accurately and clearly designate batches of certified ethanol
denaturant as "certified ethanol denaturant".
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§1090.1115 Designation requirements for diesel and distillate fuels.
(a) Designation requirements for diesel and distillate fuel manufacturers. Diesel and
distillate fuel manufacturers must accurately and clearly designate all diesel or distillate fuel it
produces or imports as specified in this section.
(1) Except as specified in paragraphs (a)(3) and (4) of this section, diesel and distillate
fuel manufacturers must accurately and clearly designate each batch of diesel fuel or distillate
fuel as one of the following fuel types:
(1) ULSD. Diesel fuel manufacturers may also designate the fuel as 15 ppm MVNRLM.
(ii) LM 500 diesel fuel.
(iii) Heating oil.
(iv) Jet fuel.
(v) Kerosene.
(vi) EC A marine fuel.
(vii) Global marine fuel.
(viii) Exempt diesel or distillate fuel under subpart G of this part (including additional
identifying information).
(2) Only fuel manufacturers that comply with the requirements in §1090.XXX may
designate fuel as LM 500 diesel fuel.
(3) Any batch of diesel or distillate fuel that is suitable for use as ULSD and that is also
suitable for use as kerosene or jet fuel (commonly referred to as dual use kerosene) may be
designated as ULSD, kerosene, or jet fuel (as applicable).
(4) Any batch of diesel or distillate fuel that is suitable for use as ULSD may also be
designated as heating oil, ECA marine fuel, or global marine fuel (commonly referred to as
double or triple certified diesel fuel) if the requirements in §1090.XXX are met.
(b) Designation requirements for distributors of diesel and distillate fuels. Distributors of
diesel and distillate fuels must accurately and clearly designate each batch of diesel or distillate
fuel for which they transfer custody as specified in paragraphs (b)(1) through (3) of this section.
(1) Distributors must accurately and clearly classify such diesel and distillate fuel by
sulfur content while it is in their custody (e.g., as 15 ppm or 500 ppm).
(2) Distributors must accurately and clearly classify such diesel fuel and distillate fuel as
specified by the manufacturer of the distillate fuel in paragraph (a) of this section.
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(3) Distributors 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, or jet fuel (as applicable).
(ii) ULSD may be redesignated as LM 500 diesel fuel, heating oil, jet fuel, kerosene,
ECA marine fuel, or global marine fuel if all applicable requirements under this part are met.
(iii) California diesel may be redesignated as ULSD if the requirements specified in
§1090.XXX are met.
(iv) Heating oil, kerosene, or jet fuel may be redesignated as ULSD if the requirements
specified in §1090.415 are met.
(c) No person may designate distillate fuel with a sulfur content greater than 15 ppm
distributed or intended for may be designated as ULSD.
(d) Any person that is both a diesel fuel distributor and manufacturer must comply with
the provisions of paragraph (a) of this section for all distillate fuel produced or imported, and the
provisions of paragraph (b) of this section for all distillate fuel for which it acted as distributor.
§1090.1120 Batch numbering.
Fuel manufacturers, fuel additive manufacturers, and regulated blendstock producers
must assign a number (the "batch number") to each batch of fuel, fuel additive, or regulated
blendstock produced or imported. The batch number must consist of the EPA-assigned company
registration number of the party that 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
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., 4321-54321-95-000001, 4321-
54321-95-000002, etc.). EPA assigns company and facility registration numbers as specified in
subpart I of this part.
PRODUCT TRANSFER DOCUMENTS
§1090.1150 General PTD provisions.
(a) General. (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 for use in motor
vehicles at a retail outlet or WPC facility, the transferor must provide to the transferee PTDs that
include all the following information:
(i) The name and address of the transferor.
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(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 descriptive information required for gasoline-related products specified
in §1090.1115 or distillate-related products specified in §1090.1120.
(b) Use of codes. Except for transfers to truck carriers, retailers, or WPCs, product codes
may be used to convey the information required under this subpart, if such codes are clearly
understood by each transferee.
(c) Retention of records. The records required by this subpart must be kept by the
transferor and transferee for 5 years from the date they were created or received by each party in
the distribution system.
(d) Request for records. On request by EPA, the records required by this subpart must be
made available to EPA. For records that are electronically generated or maintained, the
equipment or software necessary to read the records must be made available, or, if requested by
EPA, electronic records must be converted to paper documents.
§1090.1155 PTD requirements for exempted fuels.
(~) In addition to the information required by §1090.1150, on each occasion when any
person transfers custody or title to any exempted fuel under subpart G of this part, the transferor
must provide to the transferee PTDs that include the following statements, as applicable:
(1) R&D exemption language. For fuels used for an R&D purpose specified in
§1090.605: "For use in research, development, and test programs only."
(2) National security exemption language. For fuels with a national security exemption
specified in §1090.600: "This fuel is for use in vehicles, engines, or equipment under an EPA-
approved national security exemption only."
(3) Territory fuel exemption language. For fuels for use in American Samoa, Guam, or
the Commonwealth of the Northern Mariana Islands specified in §1090.615: "This fuel is for use
only in Guam, American Samoa, or the Northern Mariana Islands."
(4) Exportedfuel language. For exported fuels: "This fuel is for export from the United
States only."
(5) Racing fuel language. For fuels used for racing purposes specified in §1090.610:
"This fuel is for racing purposes only."
(~) California gasoline language. For California gasoline: "California gasoline".
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(7) California diesel language. For California diesel: "California diesel".
(8) Alaska and Hawaii summer gasoline language. For summer gasoline for use in
Alaska and Hawaii specified in §1090.6XX: "This summer gasoline is for use only in Alaska or
Hawaii."
(b) In statements required by paragraph (a) of this section, where "fuel" is designated in a
statement, the specific fuel type (for example, "diesel fuel" or "gasoline") may be used in place
of the word "fuel".
§1090.1160 Gasoline PTD provisions.
(a) BOB language requirements. For batches of BOB, in addition to the information
required by §1090.1150, the following information must be included on the PTD:
(1) Oxygenate type(s) andamount(s). Statements specifying each oxygenate type(s) and
amount(s) (or range of amounts) that the fuel manufacturer certified a hand blend under
§1090.710 for the BOB.
(2) Winter or summer designation. A statement whether the batch of BOB is designed to
be "winter" or "summer" gasoline upon the addition of the specified type(s) and amount(s) of
oxygenate in paragraph (a)(1) of this section.
(3) Winter BOB language requirements. For batches of winter BOB, identification of the
product as "Winter BOB".
(4) Summer BOB language requirements, (i) Except as specified in paragraph (a)(4)(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 §1090.315:
(A) "9.0 psi BOB. This product does not meet the requirements to produce summer
reformulated gasoline."
(B) "7.8 psi BOB. This product does not meet the requirements to produce summer
reformulated gasoline."
(C) "RBOB. This product meets the requirements to produce summer reformulated or
conventional gasoline."
(ii) For BOBs designed to produce a finished gasoline that must meet an RVP per-gallon
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.
(5) Ethanol 1.0psi waiver language requirements, (i) For summer BOBs that are
designed for the special provisions for gasoline-ethanol blends in §1090.XXX, the following
statements:
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(A) "Suitable for the special RVP provisions for ethanol blends that contain between 9
and 10 vol % ethanol."
(B) "The use of this BOB/gasoline to manufacture a gasoline-ethanol blend containing
anything other than between 9 and 10 volume percent ethanol may cause a summertime RVP
violation."
(ii) For summer BOBs not covered by paragraph (a)(5)(i) of this section, information
regarding the suitable ethanol content, stated in the following format: "Suitable for blending with
ethanol at a concentration of no more than 15 vol % ethanol."
(b) Finished gasoline requirements. For finished gasoline, the following information
must be included on the PTDs:
(1) Winter or summer designation. A statement whether the finished gasoline is "winter"
or "summer" gasoline.
(2) Summer gasoline language requirements, (i) Except as specified in paragraph
(b)(2)(ii) of this section, for summer gasoline, identification of the product with one of the
following statements indicating the applicable RVP standard:
(A) For finished gasoline that meets the 9.0 psi RVP per-gallon standard in SI090.XXX:
"9.0 psi Gasoline."
(B) For finished gasoline that meets the 7.8 psi RVP per-gallon standard in §1090.XXX:
"7.8 psi Gasoline."
(C) For finished gasoline that meets the RFG 7.4 psi RVP per-gallon standard in
§1090.XXX: "Reformulated Gasoline."
(ii) For finished gasoline that meets an RVP per-gallon 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.
(3) Ethanol content language requirements, (i) For gasoline blended with ethanol, one of
the following statements that accurately describes the gasoline:
(A) For gasoline containing no ethanol ("E0"), the following statement: "E0: Contains no
ethanol. The RVP does not exceed [fill in appropriate value] psi." The appropriate value is the
applicable maximum RVP per-gallon standard as specified in §1090.3XX.
(B) For finished gasoline containing less than 9 volume percent ethanol, the following
statement: "EX—Contains up to X% ethanol. The RVP does not exceed [fill in appropriate
value] psi." The term X refers to the maximum volume percent ethanol present in the gasoline.
(C) For E10, the following statement: "E10: Contains between 9 and 10 vol % ethanol.
The RVP does not exceed [fill in appropriate value] psi. The 1 psi RVP waiver applies to this
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gasoline. Do not mix with gasoline containing anything other than between 9 and 10 vol %
ethanol."
(D) For El5, the following statement: "El5: Contains up to 15 vol % ethanol. The RVP
does not exceed [fill in appropriate value] psi.".
(ii) The information required by paragraph (b)(3)(i) of this section regarding the ethanol
content of the fuel is required year-round. The information required by paragraph (b)(3)(i) of this
section regarding the RVP of the fuel is only required for summer gasoline.
(iii) No person may designate a fuel as E10 if the fuel is produced by blending ethanol
and gasoline in a manner designed to contain less than 9.0 or more than 10.0 volume percent
ethanol.
(iv) No person may designate a fuel as El 5 if the fuel is produced by blending ethanol
and gasoline in a manner designed to contain less than 10.0 or more than 15.0 volume percent
ethanol.
(c) Oxygenate language requirements. In addition to any other PTD requirements of this
subpart, on each occasion when any person transfers custody or title to any oxygenate upstream
of any oxygenate blending facility, the transferor must provide to the transferee PTDs that
include the following information, as applicable:
(1) For DFE: "Denatured fuel ethanol, maximum 10 ppm sulfur."
(2) For other oxygenates, the name of the specific oxygenate must be identified on the
PTD, followed by "maximum 10 ppm sulfur." For example, for isobutanol, the following
statement on the PTD would be required, "Isobutanol, maximum 10 ppm sulfur."
(d) Gasoline detergent language requirements. In addition to any other PTD
requirements of this subpart, the following requirements apply:
(1) The identity of the product being transferred as detergent, detergent-additized
gasoline, or non-additized detergent gasoline.
(2) The name of the registered detergent must be used to identify the detergent additive
package on its PTD and the LAC on the PTD must be consistent with the requirements in
§1090.340.
(3) If the product being transferred is gasoline that has been additized with detergent
under a CARB-based certification, or under a certification option that creates an oxygenate or
other use restriction, then the PTD for the additized product must identify the applicable use
restriction. The PTD for commingled products containing such restrictions must indicate the
applicable restriction(s) from each component.
(e) Gasoline additives language requirements. In addition to any other PTD requirements
of this subpart, gasoline additive manufacturers that manufacture additives under §1090.3 5 5(a)
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must include all the following information related to the maximum treatment rate on PTDs for
the additive:
(1) The maximum allowed treatment rate of the additive so that the additive will
contribute no more than 3 ppm sulfur to the finished gasoline.
(2) [Reserved],
(f) Certified ethanol denaturant language requirements. In addition to any other PTD
requirements of this subpart, on each occasion when any person transfers custody or title to any
ethanol denaturant certified under §1090.XXX, the transferor must provide to the transferee
PTDs that include all the following information.
(1) The following statement: "Certified Ethanol Denaturant suitable for use in the
manufacture of denatured fuel ethanol meeting EPA standards."
(2) The PTD must state that the sulfur content is 330 ppm or less, or if the certified
ethanol denaturant manufacturer represents a batch of denaturant as having a maximum sulfur
content lower than 330 ppm, the PTD must state that lower sulfur maximum (e.g., has a sulfur
content of 120 ppm or less).
(g) Butane andpentane language requirements. (1) A certified butane or certified
pentane producer must initiate a PTD for each batch that it ships from its facility that contains
the following information:
(1) The certified butane or certified pentane producer company name and facility
registration number issued by EPA.
(ii) One of the following statements:
(A) "Certified pentane for use by certified pentane blenders".
(B) "Certified butane for use by certified butane blenders".
(2) PTDs that are compliant with the requirements of paragraph (g)(1) of this section
must be transferred from each party transferring certified butane or certified pentane for use by
certified butane or certified pentane blenders to each party that receives the certified butane or
certified pentane through to the certified butane or certified pentane blender, respectively.
§1090.1165 PTD requirements for distillate and residual fuels.
(a) General fuel language requirements. For each occasion that any person transfers
custody of any distillate or residual fuel, the transferor must provide the transferee documents
that include the following information:
(1) The sulfur per-gallon standard that the transferor represents the 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).
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(2) An accurate and clear statement of the applicable designation and/or classification of
the fuel under subpart D of this part (i.e., "ULSD" or "500 ppm LM diesel fuel" or "ECA marine
fuel").
(b) 500 ppm LM diesel fuel language requirements. For transfers of 500 ppm LM diesel
fuel, the transferor must provide the specified documents that include the following information:
(1) All applicable information specified in paragraph (a) of this section.
(2) The following statement: "500 ppm sulfur (maximum) LM diesel fuel. Not for use in
highway or other nonroad vehicles and engines."
(c) ECA marine fuel language requirements. For transfers of ECA marine fuel, the
transferor must provide the transferee documents that include the following information:
(1) All applicable information specified in paragraph (a) of this section.
(2) 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."
(3) Parties may replace the required statement in paragraph (c)(2) of this section with the
following statement for qualifying vessels: "High sulfur fuel. For use only in ships as allowed by
MARPOL Annex VI, Regulation 3 or Regulation 4."
(d) Heating oil language requirements. For transfers of heating oil, the transferor must
provide the transferee documents that include the following information:
(1) All applicable information specified in paragraph (a) of this section.
(2) The following statement: "Heating Oil. Not for use in highway vehicles or engines or
nonroad, locomotive, or marine engines."
§1090.1170 Diesel fuel additives language requirements.
In addition to any other PTD requirements in this subpart, on each occasion that any
person transfers custody or title to a diesel fuel additive that is subject to the provisions of
§1090.XXX 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 documents that identify the additive as follows:
(a) For diesel fuel additives that comply with the 15 ppm sulfur standard specified in
§1090.XXX, include the following statement: "The sulfur content of this diesel fuel additive
does not exceed 15 ppm."
(b) For diesel fuel additives that are permitted to have higher than 15 ppm sulfur content
and comply with the requirements in §1090.XXX, the transferor must provide to the transferee
documents that identify the additive as such, and do all the following:
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(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-complying diesel fuel."
(2) If the diesel fuel additive package contains a static dissipater additive and/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 in volume percent for use of the diesel
fuel additive package in diesel fuel.
(iii) The contribution to the sulfur level of the fuel (in ppm) that would result if the diesel
fuel additive package is used at the maximum recommended concentration.
(c) For those diesel fuel additives that are sold in containers for use by the ultimate
consumer of diesel fuel, each transferor must have displayed on the additive container, in a
legible and conspicuous manner, one of the following statements, as applicable:
(1) For those additives that comply with the 15 ppm sulfur standard, "This diesel fuel
additive complies with the federal low sulfur content requirements for use in diesel motor
vehicles and nonroad engines."
(2) For those additives with a sulfur content in excess of 15 ppm, the following statement:
"This diesel fuel additive does not comply with federal ultra-low sulfur content requirements for
use in model year 2007 and newer diesel motor vehicles or model year 2011 and newer diesel
nonroad equipment engines."
§1090.1175 Alternative PTD language provisions.
(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 to the attention of
"Alternative Product Transfer Document Language" to the contact information in §1090.10.
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Subpart L—Recordkeeping
1090.1200 General recordkeeping requirements.
(a) Length of time records must be kept. Records required by 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.
1090.1205 Recordkeeping requirements for all regulated parties.
Any party that sells, offers for sale, dispenses, supplies, offers for supply, stores, blends,
transports, or causes the transportation of any fuel, fuel additive, or regulated blendstock subject
to requirements under this part must maintain records containing the information specified in this
section.
(a) Any party that transfers title or custody of any fuel, fuel additive, or regulated
blendstock must maintain the PTDs for which the party is the transferor or transferee.
(b) Any party required to perform any sampling and testing on fuels, fuel additives, or
regulated blendstocks required under this part must maintain all the following information:
(1) The location, date, time, and storage tank or truck, rail car, or vessel identification for
each sample collected.
(2) The identification of the person(s) who collected the sample and the person(s) who
performed the testing.
(3) The results of the test as originally printed by the testing apparatus, or where no
printed result is produced, the results as originally recorded by the person or apparatus that
performed the test.
(4) The methodology used to test any parameter under this part.
(5) The actions taken to stop the sale of any fuel, fuel additive, or regulated blendstock
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.
(c) For parties required to register under subpart I of this part, the party must maintain
records supporting the information required to complete and maintain the registration for the
party's company and each registered facility.
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(d) For parties required to submit reports under subpart J of this part, the party must
maintain copies of all reports submitted to EPA.
1090.1210 Recordkeeping requirements for gasoline manufacturers.
Gasoline manufacturers must keep records for each of its facilities that include the
information in this section.
(a) Batch records. For each batch of gasoline, all 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 M of this part.
(2) The batch volume.
(3) The batch number.
(4) The date the batch was produced or imported.
(5) The designation for the batch under §1090.11XX.
(6) The PTDs for any gasoline produced or imported.
(7) The PTDs for any gasoline received.
(b) Downstream oxygenate accounting records. In the case of BOB certified for
including in downstream oxygenate accounting under §1090.710, the gasoline manufacturer
must maintain all the following information:
(1) The results of tests for a hand blended sample prepared under §1090.XXX.
(2) Records that demonstrate that the gasoline manufacturer participates in the national
fuels survey program under subpart N of this part.
(3) Records that demonstrate that the gasoline manufacturer participates in the sampling
oversight program under subpart N of this part.
(4) Compliance calculations specified in §1090.7XX based on an assumed addition of
oxygenate.
(c) Records for PCG. In the case where a gasoline manufacturer produces a new batch of
gasoline by blending PCG, the gasoline manufacturer must keep the following records:
(1) In all cases, keep records that reflect the storage and movement of the PCG within the
manufacturing facility to the point the PCG is used to produce gasoline or BOB.
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(2) In addition to the records required under paragraph (c)(1) of this section, keep the
following records for the PCG and new batches of gasolines produced by blending with PCG
under §1090.1320(a)(1):
(i) The results of tests to determine the sulfur content, benzene content, RVP in the
summer, and oxygenate(s) content for the PCG and volume of the PCG when received at the fuel
manufacturing facility.
(ii) Records demonstrating which batches of PCG were used in each new batch of
gasoline produced by blending with PCG;
(iii) Records demonstration which, if any, batches of blendstocks were used in each new
batch of gasoline produced by blending with PCG;
(iv) Records of the test results for sulfur content, benzene content, RVP in the summer,
oxygenate(s) content, and distillation parameters for each new batch of gasoline produced with
PCG.
(3) In addition to the records required under paragraph (c)(1) of this section, keep the
following records for the PCG and new batches of gasolines produced by blending with PCG
under §1090.1320(a)(2):
(i) Records of the test results for sulfur content, benzene content, RVP in the summer,
and oxygenate(s) content of each blendstock used to produce the new batch of gasoline.
(ii) Records of the test results for sulfur content and RVP in the summer of each new
batch of gasoline produced by blending blendstocks with PCG.
(d) Records for certified butane and certified pentane blenders. In the case of certified
butane or certified pentane blended into gasoline or BOB under §1090.XXX or §1090.XXX,
certified butane and certified pentane blenders must maintain all the following information:
(1) The volume of butane added.
(2) The volume of the pentane added.
(3) The volume of gasoline prior to and after the certified butane or certified pentane
blending.
(4) The purity and properties of the certified butane specified in §1090.XXX.
(5) The purity and properties of the certified pentane specified in §1090.XXX.
(e) Records for the importation of gasoline treated as blendstock. In the case of any
imported GTAB, documents that reflect the storage and physical movement of the GTAB from
the point of importation to the point of blending to produce gasoline.
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(f) Records for interface and transmix. In the case of transmix used to produce gasoline
under subpart E of this part, records that reflect the results of any sampling and testing required
under subparts E and M of this part.
(1) Pipelines must keep records that demonstrate compliance with the interface handling
practices in §1090.525.
(2) Transmix processors, transmix blenders, and fuel distributors that use the provisions
of §1090.520 in lieu of complying with the requirements applicable to a transmix blender must
keep records showing that their transmix meets the definition in §1090.80.
(3) Transmix processors must keep records showing the volumes of gasoline or BOB
recovered from transmix and the type and amount of any blendstock added, if applicable.
(4) Transmix blenders must keep records showing compliance with the quality assurance
program and/or sampling and testing requirements in §1090.505, and for each batch of gasoline
or BOB with which transmix is blended, the volume of the batch, and the volume of transmix
blended into the batch.
(5) Pipeline and terminal operators that use the provisions for incidental transmix mixing
during fuel distribution under §1090.520 in lieu of compliance with the requirements for a
transmix blender, must maintain the following records:
(i) A written assessment demonstrating that the total volume of incidental mixtures of
transmix will be 0.25 volume percent or less of the total fuel volume.
(ii) Records of a quality assurance program to demonstrate that the incidental transmix
mixing does not exceed 0.25 volume percent of the total fuel volume and does not cause or
contribute to a violation of the fuel standards in this part.
(6) Fuel distributors other than pipeline and terminal operators that use the provisions for
incidental transmix mixing during fuel distribution under §1090.520 in lieu of compliance with
the requirements for a transmix blender, must maintain records of a quality assurance program to
demonstrate that the incidental transmix mixing does not exceed 0.25 volume percent of the total
fuel volume and does not cause or contribute to a violation of the fuel standards in this part.
(g) Records related to ABT. Gasoline manufacturers must keep records related to their
ABT activities under subpart H of this part that include the following information, as applicable:
(1) Compliance sulfur and benzene values under §1090.7XX, and the calculations used to
determine those values.
(2) The number of valid credits in possession of the gasoline manufacturer at the
beginning of each compliance period, separately by facility and year of generation.
(3) The number of credits generated by the gasoline manufacturer under subpart H of this
part, separately by facility and year of generation.
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(4) If any credits were obtained from or transferred to other parties, all the following for
each other party:
(i) The party's name.
(ii) The party's EPA company and facility registration numbers.
(iii) The number of credits obtained from or transferred to the party.
(5) The number of credits that expired at the end of each compliance period, separately
by facility and year of generation.
(6) The number of credits that will be carried over into a subsequent compliance period,
separately by facility and year of generation.
(7) The number of credits used, separately by facility and year of generation.
(8) Contracts or other commercial documents that establish each transfer of credits from
the transferor to the transferee.
(h) Records related to exemptions. Anyone that produces or distributes exempt gasoline
under subpart G of this part must keep the following records:
(1) Designation of the gasoline under subpart G of this part.
(2) Copies of PTDs generated or accompanying the exempted gasoline.
(3) Records demonstrating that the exempt gasoline was actually used in accordance with
the requirements of the applicable exemption(s) under subpart G of this part.
1090.1215 Recordkeeping requirements for diesel fuel and ECA marine fuel
manufacturers.
Diesel fuel and ECA marine fuel manufacturers must keep records for each of its
facilities that include the information in this section.
(a) Batches. Batch documents and information are records.
(1) Designation. All documents and information created or used for the purpose of batch
designation under §1090.11XX must be maintained.
(2) Additional batch records. Diesel fuel and ECA marine fuel manufacturers producing
distillate or residual fuel subject to a sulfur standard under subpart D of this part must, for each
manufacturing facility, keep records that include the following information for each batch of
ULSD, 500 ppm LM diesel fuel, or ECA marine fuel:
(i) The batch volume.
(ii) The batch number.
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(iii) The date the batch was produced or imported.
(iv) A record designating the batch as one of the following:
(A) ULSD, LM 500 diesel fuel, or ECA marine fuel, as applicable.
(B) Meeting the 500 ppm sulfur standard in §1090.4XX, the 15 ppm sulfur standard in
§1090.4XX, the 1,000 ppm sulfur standard in §1090.4XX, or other applicable standard.
(v) A copy of reports submitted to EPA.
(b) Transmix. Transmix documents and information are records.
(1) Transmix used to make 500 ppm LM diesel fuel. Producers of 500 ppm LM diesel fuel
using transmix must have an EPA approved compliance plan, which must include:
(1) A detailed description of how the facility will segregate any 500 ppm LM diesel fuel
produced subject to the standards under §1090.XXX from the producer through to the ultimate
consumer from fuel having other designations.
(ii) A demonstration showing that the end users of 500 ppm LM diesel fuel will also have
access to 15 ppm diesel fuel for use in those engines that require the use of 15 ppm diesel fuel.
(iii) Identification of the parties that handle the 500 ppm LM diesel fuel through to the
ultimate consumer. No more than 4 separate parties may handle the 500 ppm LM diesel fuel
between the producer and the ultimate consumer.
(iv) Identification of all ultimate consumers to whom the diesel fuel manufacturer
supplies the 500 ppm LM diesel fuel.
(v) A detailed description of how misfueling of 500 ppm LM diesel fuel into vehicles or
equipment that require the use of 15 ppm diesel fuel will be prevented.
(2) [Reserved]
(c) Heating oil. Heating oil designation documents and information are records.
(1) Heating oil subject to sulfur standards. Fuel manufacturers producing distillate or
residual fuel subject to a sulfur standard in subpart D of this part must, for each facility, keep
records that include the following information for each batch of heating oil:
(i) The batch volume.
(ii) The batch number.
(iii) The date the batch was produced or imported.
(iv) A record designating the batch as heating oil.
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(v) A copy of reports submitted to EPA.
(2) [Reserved]
(d) ECA marine fuel. (1) ECA fuel manufacturers must keep records of the following
information for each batch of ECA marine fuel (distillate fuel or residual fuel):
(1) The batch volume.
(ii) The batch number.
(iii) The date of production.
(iv) A record designating the batch.
(v) The PTD for the batch.
(2) ECA fuel distributors must keep records of the PTD for the batch.
(e) Global marine fuel. Manufacturers and distributors for global marine fuel must keep
the following records for any global marine fuel they make or distribute:
(1) Records demonstrating the designation of any distillate fuel as global marine fuel.
(2) Copies of PTDs generated or accompanying the global marine fuel.
1090.1220 Recordkeeping requirements for oxygenate blenders.
(a) Oxygenate blenders that blend oxygenate into gasoline must maintain the information
specified in this section.
(b) For each occasion that an oxygenate blender blends oxygenate into gasoline, maintain
all 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 requirements 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.
1090.1225 Recordkeeping requirements for gasoline additives.
(a) Gasoline additive producers and importers. Gasoline additive manufacturers must
keep the following records for each batch of additive produced or imported:
(1) The batch volume.
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(2) The date the batch was produced or imported.
(3) The PTD for the batch.
(4) The maximum recommended treatment rate.
(5) Records of 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) Records that parties that take custody of gasoline additives in the gasoline additive
distribution system must keep. 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 party that adds the additive to gasoline must keep all
the following records:
(1) The PTD for each batch of gasoline additive.
(2) As applicable, the treatment at which the additive was added to gasoline.
(3) As applicable, the volume of gasoline that was treated with the additive. A new record
must be initiated in cases where a new batch of additives is mixed into a storage tank from which
the additive is drawn to be injected into gasoline.
1090.1230 Recordkeeping requirements for oxygenate producers.
(~) Records that oxygenate producers must keep. Oxygenate producers must keep records
of all the following for each batch of oxygenate produced or imported:
(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.
(~) The sampling and testing records specified in §1090.1205(b) must be kept if the
sulfur content of the batch was determined by analytical testing.
(7) For DFE, the following records must be kept if the sulfur content of the batch was
determined by the alternative means of demonstrating compliance with the sulfur requirements
under §1090.XXX:
(i) The name and title of the person who calculated the sulfur content of the batch.
(ii) The date the calculation was performed.
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(iii) The calculated sulfur content.
(iv) The sulfur content of the neat (un-denatured) ethanol.
(v) The date each batch of neat ethanol was produced.
(vi) The neat ethanol batch number.
(vii) The neat ethanol batch volume.
(viii) As applicable, the neat ethanol production quality control records, or the test results
on the neat ethanol, including all the following:
(A) The location, date, time, and storage tank or truck identification for each sample
collected.
(B) The name and title of the person who collected the sample and the person who
performed the test.
(C) The results of the test as originally printed by the testing apparatus, or where no
printed result is produced, the results as originally recorded by the person who performed the
test.
(D) Any record that contains a test result for the sample that is not identical to the result
recorded in paragraph (a)(7)(viii)(C) of this section.
(E) The test methodology used.
(ix) The sulfur content of the denaturant(s) used, and the volume percent at which the
denaturant(s) were added to neat (un-denatured) ethanol to produce DFE.
(x) The PTDs for the denaturants used.
(b) Records that parties that take custody of oxygenate in the oxygenate distribution
system must keep. All parties that take custody of oxygenate—from the oxygenate producer
through to the oxygenate blender—must keep a copy of the PTD for each batch of oxygenate.
1090.1235 Recordkeeping requirements for ethanol denaturant.
(a) Records that must be kept by certified ethanol denaturant producers. In addition to
the recordkeeping requirements specified in §1090.1205, records of all the following must be
kept for each batch of certified ethanol denaturant produced or imported:
(1) The batch volume.
(2) The batch number.
(3) The date the batch was produced or imported.
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(4) The PTD for the batch.
(5) The sulfur content of the batch.
(6) Any record that contains a test result for the sample that is not identical to the result
recorded in §1090.1205(b)(3).
(b) Records that must be kept by parties that take custody of ethanol denaturants. All
parties that take custody of denaturants designated as suitable for use in the manufacture of DFE
under §1090.XXX must keep the following records:
(1) The PTD for the denaturant.
(2) The volume percent at which the denaturant was added to ethanol, as applicable.
1090.1240 Recordkeeping requirements for gasoline detergent blenders.
Gasoline detergent blenders must maintain the following volumetric accounting
reconciliation records to demonstrate that a detergent has been added to gasoline before it is
distributed to retail and WPC facilities at a concentration at least as high as represented by the
LAC for the detergent registered with EPA by the detergent manufacturer under 40 CFR
79.210):
(a) The PTD for the detergent(s) used.
(b) For each detergent used, the records maintained by the detergent blender must
compare the volume of gasoline distributed from each detergent blending facility over the period
of a calendar month or lesser time period to the volume of detergent blended into the subject
gasoline volume.
(c) The detergent blender must provide the records specified in this section to EPA within
14 days of EPA's request.
1090.1245 Recordkeeping requirements for independent surveyors.
Independent surveyors that conduct a survey program under subpart N of this part must
keep all the information specified in this section, as applicable.
(a) Records related to the national fuels survey program.
(b) Records related to a geographically-focused El5 survey program.
(c) Records related to the national sampling oversight program.
1090.1250 Recordkeeping requirements for auditors.
Auditors that perform review functions under this part must keep all the information
specified in this section.
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(a) Auditors must keep all records pertaining to the performance of an audit performed
under this part.
(b) Auditors that perform attestation engagements under subpart R of this part must keep
copies of the attestation report(s) prepared and all related records developed to prepare the
attestation report(s).
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Subpart M—Sampling, Testing, and Retention Requirements
§1090.1300 General provisions.
(a) This subpart is organized as follows:
(1) Sections 1090.1310 through 1090.1335 specify the scope of required testing,
including special provisions that apply in several unique circumstances.
(2) Sections 1090.1340 through 1090.1345 specify handling procedures for collecting and
retaining samples. Sections 1090.1350 through 1090.1358 specify the procedures for measuring
the specified parameters. These procedures apply for anyone who performs testing under this
subpart.
(3) Section 1090.1375 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 some minimum
frequency, your first batch of product triggers the testing requirement. The specified frequency
serves as a deadline for performing the required testing, and as a starting point for the next
testing period. The following examples illustrate the requirements for testing based on sampling
the more frequent of every 90 days or 500,000 gallons of certified butane you received from a
supplier:
(1) If your testing period starts March 1 and you use less than 500,000 gallons of butane
from March 1 through May 29 (90 days), you must perform testing under a quality assurance
program sometime between March 1 and May 29. Your next test period starts with the use of
butane on May 30 and again ends after 90 days or after you use 500,000 gallons of butane,
whichever comes first.
(2) If your testing period starts March 1 and you use 500,000 gallons of butane for the
testing period on April 29 (60 days), you must perform testing under a quality assurance program
sometime between March 1 and April 29. Your next testing period starts with the use of butane
on April 30 and again ends after 90 days or after you use 500,000 gallons of butane, whichever
comes first.
(c) Anyone performing tests under this subpart must apply good laboratory practice for
all sampling, measurement, and calculations related to testing required under this part. This
requires performing these procedures in a way that is consistent with generally accepted
scientific and engineering principles and properly accounts for all available relevant information.
(d) The gasoline volatility standards in subpart C of this part are expressed as RVP. This
subpart references a test method quantifying gasoline volatility as Dry Vapor Pressure
Equivalent (DVPE). The regulation generally uses measured DVPE values for demonstrating
compliance with RVP standards.
(e) Subpart P of this part has provisions related to importation, including provisions that
describe how to meet the sampling and testing requirements of this subpart.
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(f) The following general provisions apply:
(1) A crosscheck program is an arrangement for laboratories to perform measurements
from test samples prepared from a single homogeneous fuel batch to establish an accepted
reference value for evaluating precision and accuracy. This subpart relies on inter-laboratory
crosscheck programs sponsored by ASTM International or another voluntary consensus
standards body, or on crosscheck programs conducted separately by one or more companies.
(2) A voluntary consensus standards body is an organization that follows consistent
protocols to adopt standards reflecting a wide range of input from interested parties. ASTM
International and the International Organization for Standardization are examples of VCSB
organizations.
SCOPE OF TESTING
§1090.1310 Testing to demonstrate compliance with standards.
(a) Perform testing as needed to submit the reports specified in subpart J of this part. This
section specifies additional test requirements.
(b) Fuel manufacturers must perform the following measurements before the fuel, fuel
additive, or regulated blendstock from a given batch leaves the fuel manufacturing facility,
except as specified in §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 summer gasoline to demonstrate
compliance with RVP standards, and to demonstrate compliance with sulfur standards for both
summer and winter gasoline.
(c) The following testing provisions apply for gasoline and regulated gasoline
blendstocks:
(1) Gasoline manufacturers producing BOB must prepare a hand-blended sample of
oxygenated gasoline as specified in §1090.1342 and perform the following measurements:
(1) Measure RVP in both the BOB and the hand-blended sample.
(ii) Measure sulfur and benzene in the hand-blended sample.
(2) Oxygenate producers must measure sulfur in each batch of oxygenate, except that
DFE producers may meet the alternative requirements in §1090.1335.
(3) Ethanol denaturant producers that certify the denaturant under §1090.1335 must
measure sulfur in each batch of denaturant.
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(4) Producers of certified butane and pentane must perform sampling and testing to
demonstrate compliance with purity specifications and sulfur and benzene standards as specified
in §1090.1320.
(5) Blending manufacturers producing gasoline from TGP must test each batch of
gasoline as specified in subpart E of this part and §1090.1330.
(d) Blending manufacturers producing gasoline by adding blendstock to PCG must
comply with §1090.1320.
(e) Blending manufacturers that produce or modify gasoline must measure the finished
gasoline for oxygenate and for distillation parameters (T10, T50, T90, final boiling point, and
percent residue) in addition to other measurements to demonstrate compliance with standards.
§1090.1315 In-line blending.
Fuel manufacturers 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 as follows:
(a) The waiver in this section applies if you use or intend to use in-line blending
equipment to supply fuel directly into a pipeline, marine vessel, or other type of distribution that
does not involve collecting fuel in a tank or other type of storage for creating a batch of fuel. It
also applies for fuel manufacturers that produce batches of fuel that are too large to contain in
available storage tanks.
(b) To request a waiver, send us a request signed by the RCO 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 that 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.
(2) Describe how you collect and test fuel samples and perform composite calculations in
a way that is equivalent to measuring the fuel properties of a batch of blended fuel as specified in
this subpart. Your procedures need to 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. Describe any experiences from the
previous 3 years where these quality assurance procedures led you to make corrections to your
in-line blending operation.
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(5) Describe any times from the previous 3 years that you modified fuel after it came out
of your blending operation. Describe how you modified the fuel and why that was necessary.
(6) Describe how you will meet the auditing requirements of paragraph (c) of this section.
(c) You must arrange for an audit of your blending operation each calendar year that
reviews procedures and documents to determine whether measured and calculated values
properly represent the aggregate fuel properties for the blended fuel.
(d) If we approve your request for a waiver under this section, we may require you to
update your procedures for more effective control and documentation of measured fuel
parameters based on audit results, development of improved practices, or other information.
§1090.1320 Testing requirements for manufacturers adding blendstock to PCG.
The requirements of this section apply for refiners and blending manufacturers that add
blendstock to PCG to produce a new batch of gasoline. Paragraph (c of this section specifies an
optional alternative approach for certified butane and pentane. Section 1090.1330 describes
additional provisions that apply for transmix processors.
(a) Sample and test using one of the following methods to exclude PCG from the
compliance demonstration for sulfur and benzene:
(1) Compliance by subtraction, (i) Sample and test the sulfur and benzene content of each
batch of PCG before blending blendstocks to produce a new batch of gasoline.
(ii) Determine the volume of PCG that was blended with blendstock to produce a new
batch of gasoline. Report the PCG as a negative batch as specified in §1090.905.
(iii) After adding blendstock to PCG, sample and test the sulfur and benzene content of
the new batch of gasoline.
(iv) Determine the volume of the new batch of gasoline. Report the new batch of gasoline
as a positive batch as specified in §1090.905.
(v) Include the PCG batch and the new batch of gasoline in compliance calculations as
specified in §1090.700(d)(4)(i).
(vi) The sample-retention requirements in §1090.1345 apply for both the new batch of
gasoline and the associated PCG.
(2) Compliance by addition, (i) Sample and test the sulfur and benzene content of each
batch of blendstock used to produce a new batch of gasoline from PCG.
(ii) Determine the volume of each batch of blendstock used to produce the new batch of
gasoline.
(iii) Report each batch of blendstock as specified in §1090.905.
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(iv) Include each batch of blendstock in compliance calculations as specified in
§1090.700(d)(4)(ii).
(v) The sample-retention requirements in §1090.1345 apply for the new batch of gasoline
and for each blendstock.
(b) Regardless of which approach is used under paragraph (a) of this section,
manufacturers must determine the volume of each blended batch, and perform the following
measurements with the blended gasoline using the procedures specified in §1090.1350:
(1) Measure sulfur content and oxygenate content.
(2) Determine the following distillation parameters: T10, T50, T90, final boiling point,
and distillation residue.
(3) In the case of summer gasoline, measure RVP.
(c) Fuel manufacturers that blend certified butane or certified pentane into PCG to make a
new batch of gasoline may meet the sampling and testing requirements of this subpart instead of
the requirements of paragraphs (a) and (b) of this section if the fuel manufacturer does the
following.
(1) For summer gasoline, measure RVP of the blended fuel as specified in paragraph (b)
of this section. The fuel manufacturer may rely on sulfur and benzene test results from the
certified butane or certified pentane producer. Note that §1090.345 disallows adding certified
butane and pentane to RFG under this paragraph.
(2) Before blending the certified butane or certified pentane with PCG, obtain a copy of
the producer's test results indicating that the certified butane or certified pentane meets the
applicable standards in subpart C of this part.
(3) The fuel manufacturer must enter into a contract with the certified pentane producer
to verify that the pentane producer has an adequate quality assurance program to ensure that the
certified pentane received will not be contaminated in transit.
(4) The fuel manufacturer must conduct a quality assurance program for each producer's
testing based on sampling the more frequent of every 90 days or 500,000 gallons of butane or
pentane you receive from each producer. The fuel manufacturer may rely on a third party to
perform the testing.
(5) If you fail to meet the specified requirements, the gasoline you produce with butane or
pentane is deemed to be in violation of the standards in subpart C of this part.
(6) Certified butane and pentane producers must certify their products as follows.
(i) The producer must use the procedures of §1090.1350 to demonstrate compliance with
the specifications in §§1090.320 and 1090.325.
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(ii) Testing must occur after the most recent delivery into the producer's storage tank and
before transferring the butane or pentane batch for delivery.
(iii) The producer must provide documentation of the test results for each batch of
certified butane or certified pentane to the certified butane or certified pentane blender.
§1090.1330 Testing requirements for blending with TGP.
The following provisions apply to transmix processors producing gasoline by adding
blendstock to TGP:
(a) Meet the RVP testing requirements for gasoline you produce from TGP.
(b) Measure the distillation endpoint for gasoline you produce from TGP as specified in
§1090.1350.
(c) Determine the volume, sulfur content, and benzene content of each blendstock batch
you receive for reporting and compliance calculations by the blendstock through sampling and
testing as specified in this subpart.
(d) Sample and test the finished TGP and blendstock blend to demonstrate compliance
with the 95 ppm sulfur standard in §1090.505 and the applicable maximum RVP standard in
§1090.315.
(e) Transmix processors producing gasoline by adding TGP to PCG may omit
measurement of oxygenate in the finished gasoline if the records for each these blendstocks show
no oxygenate content.
(f) Transmix processors may omit measurement of benzene in finished gasoline if the
finished gasoline includes nothing other than TGP and PCG.
§1090.1335 Denatured fuel ethanol.
DFE producers and importers may calculate the sulfur content of a batch of DFE instead
of measuring every batch as follows:
(a) Determine the ppm 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 by a registered
supplier based on the appropriate PTD. If the sulfur content is specified as a range, use the
maximum specified value.
(c) Calculate the weighted sulfur content of the DFE from the values you determined
under paragraphs (a) and (b) of this section.
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HANDLING AND TESTING SAMPLES
§1090.1340 Collecting and preparing samples for testing.
(a) Use good laboratory practice to collect samples to represent the batch you are testing.
For example, 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.
Perform manual sampling as specified in paragraph (b) of this section, or perform automatic
sampling as specified in paragraph (c) of this section.
(b) Perform manual sampling using one of the methods specified in ASTM D4057
(incorporated by reference in §1090.95) as follows:
(1) Use tap sampling or spot sampling to collect upper, middle, and lower samples.
Adjust sampling for partially filled tanks as shown in Table 1 of ASTM D4057. If you test all the
samples for a given fuel parameter, calculate the arithmetic average of the test results to
represent the batch; otherwise, you may use the test result from a single sample to represent the
batch. Do not create a composite sample from the separate samples.
(2) Collect a "running" or "all-levels" sample from the top of the tank with no standpipe.
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 of fuel.
(3) If the procedure in paragraphs (b)(1) and (2) of this section are impractical for a given
storage configuration, you may perform alternative sampling procedures as specified in ASTM
D4057. This applies mostly for sampling with trucks, railcars, retail stations, and other
downstream locations.
(4) Test results with manual sampling are valid only after you demonstrate homogeneity
as specified in §1090.1341, with the following exceptions:
(i) The homogeneity requirement does not apply for testing at downstream locations if it
is not possible to collect separate samples and you take steps to ensure that the batch is well
mixed.
(ii) You may disregard the homogeneity demonstration if you test all 3 samples for every
parameter subject to a testing requirement and use the highest (or worst-case) test result for each
parameter. This applies for meeting per-gallon and average standards and all other aspects of
compliance.
(c) Perform automatic sampling as specified in ASTM D4177 (incorporated by reference
in §1090.95). Configure the system to ensure a well-mixed stream at the sampling point.
Calculate the number of grab samples for a given batch based on a margin of error of 0.01 and a
95 percent confidence level. Take steps to align the start and end of sampling with the start and
end of creating the batch.
(d) The following additional provisions apply for preparing samples to measure RVP of
summer gasoline:
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(1) Meet the additional specifications for manual and automatic sampling in ASTM
D5842 (incorporated by reference in §1090.95).
(2) Each tested sample must meet the RVP standard that applies.
(3) You may use these samples for testing other fuel parameters, but only after RVP
testing is complete.
§1090.1341 Demonstrating homogeneity.
(a) Use the procedures in this section as specified in §1090.1340 to determine whether a
batch is homogeneous and suitable for parameter measurements under this subpart. If the batch is
not homogeneous, increase mixing or take other appropriate steps and repeat the procedure.
(b) Draw a sample representing at least the upper, middle, and lower segments of the
stored fuel, fuel additive, or regulated blendstock as specified in §1090.1340(b). Consider the
stored fuel to be homogeneous without testing for cylindrical tanks if the liquid depth (from the
tank outlet) is less than 40 percent of the tank diameter.
(c) For testing to meet the gasoline standards in subpart C of this part, demonstrate
homogeneity using two of the procedures specified in paragraph (c)(1) through (4) of this
section. For summer gasoline, the homogeneity demonstration must include RVP measurements.
(1) Measure API gravity from each sample using ASTM D287, ASTM D1298, or ASTM
D4052 (incorporated by reference in §1090.95). Consider the batch to be homogeneous if API
gravity varies by 0.6° or less for all tested samples.
(2) Measure sulfur from each sample as specified in §1090.1350. Consider the fuel batch
to be homogeneous if sulfur content for all tested samples varies by 2 ppm or less.
(3) Measure RVP from each sample as specified in §1090.1350. Consider the fuel batch
to be homogeneous if RVP for all tested samples varies by 0.3 psi or less.
(4) Measure benzene from each sample as specified in §1090.1350. Consider the fuel
batch to be homogeneous if benzene content for all tested samples varies by 0.06 volume percent
or less.
(d) For testing to meet the diesel fuel standards in subpart D of this part, demonstrate
homogeneity using either of the procedures specified in paragraph (c)(1) or (2) of this section,
except that the following threshold criteria apply for measuring sulfur:
Fuel
Homogeneity Criterion
ULSD
2 ppm
500 ppm diesel fuel
40 ppm
ECA marine fuel
80 ppm
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§1090.1342 Sample preparation for BOB testing.
(a) If you produce or import BOB and instruct downstream blenders to add oxygenate,
you may meet the sampling requirements of this subpart by blending oxygenate into a BOB
sample to represent the final blended fuel. To do this, prepare each fuel sample 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 a worst-case hand blend sample as follows:
(1) If you measure sulfur in more than one BOB sample, select the sample with the
highest measured sulfur content.
(2) If your instructions allow for downstream blenders to add more than one type or
concentration of oxygenate, prepare a hand blend sample for summer gasoline intended for
blending with ethanol using the lowest specified ethanol blend. For summer gasoline intended
for blending only with oxygenate other than ethanol, and for all winter gasoline, blend at the
lowest specified oxygenate concentration, regardless of the type of oxygenate. For example, if
you give instructions for a given batch of BOB to perform downstream blending to make E10,
El5, and an 8 percent blend with butanol, prepare a hand blend for testing winter gasoline with 8
percent butanol, and prepare an E10 hand blend for testing summer gasoline.
(b) Blend the fuel using the procedures specified in ASTM D7717 (incorporated by
reference in §1090.95).
(c) If you produce or import BOB and you blend in oxygenate before selling or
transporting the fuel, you may instead draw samples from your blended fuel.
§1090.1345 Sample retention.
(a) Fuel manufacturers must retain samples of fuel and regulated blendstocks tested under
this subpart as follows:
(1) If you test gasoline or diesel fuel as required under this subpart, you must keep a
representative fuel sample for at least 30 days after testing is complete, except that a longer
sample retention of 180 days applies for blending manufacturers that produce or modify
gasoline.
(2) The nominal volume of retained samples must be at least 330 ml. 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 or you create a hand-blended sample, select a representative sample
as follows:
(i) If you test hand-blended mixtures of BOB and oxygenate under §1090.1342, keep a
sample of the BOB. You must also keep a corresponding sample of the blended fuel, or a sample
of the ethanol used to create the blended fuel. If you keep an ethanol sample, you must keep
sufficient quantities of BOB and ethanol to reproduce representative samples of the blended fuel.
(ii) For summer gasoline, keep an untested (or less tested) sample that is most like the
tested sample, as applicable. In all other cases, keep the tested (or most tested) sample.
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(b) Oxygenate producers and importers must keep oxygenate samples as follows:
(1) Keep a representative sample of any tested oxygenate. Also keep a representative
sample of DFE if you used the provisions of §1090.1335 to calculate its sulfur content. The
nominal volume of retained samples must be at least 330 ml.
(2) 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.
(c) Keep a record of all calculations, test results, and test methods for the batch associated
with each stored sample.
(d) If we ask for a test sample, you must promptly send it to us by a courier service (or
equivalent) in accordance with our instructions. You must identify the test results and test
methods along with each test sample.
(e) You are responsible for meeting requirements of this section even if a third party
performs testing and stores the fuel samples for you.
MEASUREMENT PROCEDURES
§1090.1350 Overview of test procedures.
Fuel manufacturers meet the requirements of this subpart based on laboratory
measurements of the specified fuel parameters. Test procedures for these measurements apply as
follows:
(a) The Performance-based Analytical Test Method specified in §§1090.1352 through
1090.1358 applies for all testing specified in this subpart for the following fuels and fuel
parameters, except as specified in paragraph (b) of this section:
(1) Sulfur and aromatic content of diesel fuel of additives and blendstocks used to make
diesel fuel.
(2) Sulfur content of EC A marine fuel.
(3) Aromatic content of diesel fuel.
(4) RVP, sulfur, benzene, 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 §1090.1354 and
statistical quality control in §1090.1358 do not apply for sulfur concentration above 80 ppm.
(5) Sulfur in butane and pentane.
(b) Specific test procedures apply for measuring other fuel parameters, as follows:
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(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.
(2) Measure the purity of butane and pentane as specified in ASTM D2163 (incorporated
by reference in §1090.95).
(3) Measure benzene in butane and pentane as specified in ASTM D5134 (incorporated
by reference in §1090.95).
(4) Measure distillation parameters of gasoline as specified in ASTM D86 (incorporated
by reference in §1090.95). You may use an alternative procedure if you correlate your test results
with ASTM D86.
(5) Measure the sulfur content of neat ethanol as specified in ASTM D5453 (incorporated
by reference in §1090.95). You may use an alternative procedure if you correlate your test results
with ASTM D5453.
(6) Measure the phosphorus content of gasoline as specified in ASTM D3231
(incorporated by reference in §1090.95).
(7) Measure the lead content of gasoline as specified in ASTM D3237 (incorporated by
reference in §1090.95).
(8) Use referee procedures specified in §1090.1352(d) and the following additional
methods to measure gasoline fuel parameters to meet the survey requirements of subpart N of
this part:
Fuel parameter
Units
Test Method1
Distillation (T50 and T90)
°C
ASTM D86
Aromatic content
volume percent
ASTM D5769
Olefin content
volume percent
ASTM D6550
1 ASTM specifications are incorporated by reference in §1090.95.
(9) Updated versions of the test procedures specified in this subpart are acceptable as
alternative procedures if both repeatability and reproducibility are the same as or better than the
values specified in the earlier version.
(c) Record measured values with the following precision, with rounding as appropriate:
(1) Record sulfur content to the nearest whole ppm.
(2) Record benzene to the nearest 0.01 volume percent.
(3) Record RVP to the nearest 0.01 psi.
(4) Record oxygenate content to the nearest 0.01 mass percent for each calibrated
oxygenate.
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(5) Record diesel aromatic content to the nearest 0.1 volume percent, or record cetane
index to the nearest whole number.
(6) Record gasoline aromatic and olefin content to the nearest 0.1 volume percent.
(7) Record distillation parameters to the nearest whole degree.
§1090.1351 Calculation adjustments and corrections.
Adjust measured values for special circumstances as follows:
(a) Adjust measured values for total vapor pressure using the following equation:
RVP (psi) = 0.956 • Ptotal - 0.347
Where:
Ptotal = Measured total vapor pressure, in psi.
(b) For measuring sulfur and benzene in gasoline, adjust a given test result upward in
certain circumstances, as follows:
(1) If your measurement 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 measurement 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 benzene in butane and pentane, report a zero value if the test result is at
or below the Pooled Limit of Quantitation or Limit of Detection that applies for the test method.
(d) If measured content of any oxygenate compound is less 0.1 percent by mass, record
the result as "None detected."
§1090.1352 Performance-based Measurement System.
(a) The Performance-based Measurement System 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 for process stream analyzers used with in-line blending.
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(b) Requirements apply differently for absolute fuel parameters and method-defined fuel
parameters. An absolute fuel parameter is one 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. Sulfur is currently the only absolute fuel parameter. This
applies for measuring sulfur in any fuel, fuel additive, or regulated blendstock. 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 1090.1354 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 1090.1358 specifies ongoing quality testing requirements that apply for
laboratories that use either referee procedures or alternative procedures.
(3) Streamlined requirements for alternative procedures apply in the case of procedures
adopted by a voluntary consensus standards body (VCSB). Compliance testing with non-VCSB
procedures requires our advance approval. 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 for testing with fuel parameters that
fall outside the range of values covered in the research report of the ASTM D6708 assessment
comparing candidate alternative procedures to the referee procedure specified in paragraph (d) of
this section.
(4) You may qualify updated versions of the referee procedures as alternative procedures
under §1090.1354. You may ask us for approval to use an updated version of the referee
procedure for qualifying other alternative procedures if the updated referee procedure has the
same or better accuracy and precision compared to the version specified in §1090.95. If the
updated procedure has worse accuracy and precision compared to the earlier version, you must
complete the required testing specified in §1090.1354(a)(2).
(5) The Performance-based Analytical Test Method in 40 CFR 80.47 waived precision
and accuracy demonstrations for laboratories that had been using the specified referee procedure
before October 28, 2013. The protocol for qualifying test procedures in this subpart includes no
such "grandfather" date, which means that any laboratory may use the specified referee
procedure without qualification testing. To use alternative procedures at a given facility, you
must perform the specified testing to demonstrate compliance with precision and accuracy
requirements, with the following exceptions:
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(i) Testing you performed to qualify alternative procedures under 40 CFR part 80
continues to be valid for making the demonstrations we require in this part.
(ii) Qualification testing is not required for laboratories that measure benzene in gasoline
using Procedure B of ASTM D3606 (incorporated by reference in §1090.95). Similarly,
qualification testing is not required for laboratories that measure the aromatic content of diesel
fuel using ASTM D1319 (incorporated by reference in §1090.95). However, qualification testing
may be necessary for updated versions of these procedures as specified in §1090.13 54(a)(2).
(d) Referee procedures are presumed to meet the initial qualifying criteria in this section.
You may use alternative procedures if you qualify them using the referee procedures as a
benchmark as specified in §1090.1354. The following are the referee procedures:
Tested Product
Parameter
Referee Procedure1
ULSD, 500 ppm diesel fuel, ECA marine
fuel, diesel fuel additives, gasoline,
regulated gasoline blendstock, and gasoline
fuel additives
sulfur
ASTM D2622
Butane and pentane
sulfur
ASTM D6667
Gasoline, regulated gasoline blendstock,
and gasoline fuel additives
oxygenate content
ASTM D5599
Gasoline, regulated gasoline blendstock,
and gasoline fuel additives
RVP
ASTM D5191, except as
specified in §1090.1351(a)
Gasoline, regulated gasoline blendstock,
and gasoline fuel additives
benzene
ASTM D5769
Diesel fuel
aromatics
ASTM D5186
1 ASTM specifications are incorporatec
by reference in §1090.95.
§1090.1354 Initial qualifying criteria for alternative measurement procedures.
This section specifies how to qualify alternative procedures for measuring absolute and
method-defined fuel parameters under the Performance-based Analytical Test Method specified
in §1090.1352.
(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 published version of the
procedure you use for making the necessary measurements. Once an alternative procedure for a
method-defined fuel parameter is qualified for your laboratory, updated versions of that same
procedure are qualified without further testing, as long as the procedure's specified
reproducibility is the same as or better than the values specified in the earlier version. In the case
of 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.
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(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 test facility
where the testing occurred.
(4) If a procedure for measuring benzene or sulfur in gasoline has no specified Pooled
Limit of Quantitation and no specified scope with a lower bound, you must establish a
Laboratory Limit of Quantitation for your facility.
(5) Testing for method-defined fuel parameters must take place at a reference installation
as specified in §1090.1356.
(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.
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 measurement procedure for measuring a
given fuel parameter:
(1) The fuel must meet the parameter specifications in Table 1 to this section. This may
require that you modify the fuel you typically produce to be within the specified range. Absent a
specification (maximum or minimum), select a fuel representing values that are typical for your
testing. Store and mix the fuel to maintain a homogenous mixture throughout the measurement
period to ensure that each fuel sample drawn from the batch has the same properties.
(2) Measure the fuel parameter from a homogeneous fuel batch at least 20 times. Record
each result in sequence. Do not omit any valid results unless you determine that the omission is
necessary under good laboratory practices and you document those results and the reason for
excluding them. Perform this analysis over a 20-day period. You may make up to 4 separate
measurements in a 24-hour period, as long as the interval between measurements is at least 4
hours. Do not measure RVP more than once from a single sample.
(3) Calculate the maximum allowable standard deviation, omax using the following
equation:
*2
°max — X1 '
x3
Where xi, X2, and X3 have the values from the following table:
Table 1 to §1090.1354—Precision Criteria for Qualifying Alternative Procedures
Fuel, fuel
additive, or
regulated
blendstock
Fuel
parameter
Range
XI
xi = Repeatability
(r) or
Reproducibility
(R)1
X3
Fixed
values
of Omax
Source2
ULSD and
500 ppm
LM diesel
fuel
aromatics
25-35
vol%
0.3
R=3.3
1
0.99
ASTM D1319-17
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ULSD
sulfur
5 ppm
minimum
1.5
r= 1.33
2.77
0.72
ASTM D3120-08
(2014)
500 ppm
LM diesel
fuel
sulfur
350 ppm
minimum
1.5
r=21.3
2.77
11.5
ASTM D2622-16
ECA marine
fuel
sulfur
700 ppm
minimum
1.5
37.1
2.77
20.1
ASTM D2622-16
Butane and
pentane
sulfur
—
1.5
r = 0.1152-x
2.77
ASTM D6667-14
Gasoline
sulfur
—
1.5
r = 0.4998-x054
2.77
ASTM D7039-15a
Gasoline
oxygenate
—
0.3
R = 0.13-x083
1
ASTM D5599-17
Gasoline
RVP3
—
0.3
R=0.40
1
0.12
ASTM D5191-15
Gasoline
benzene
—
0.1
5
R=0.221-x°-67
1
ASTM D5769-15
1 Calculate repeatability and reproducibility using the average value determined from testing. Use units as specified
in §1090.1350(c).
2 ASTM procedures are incorporated by reference in § 1090.95. Note that the listed procedure may be different than
the referee procedure identified in §1090.1352(d), or it may be an older version of the referee procedure.
3 Use only 1-liter containers for testing to qualify alternative methods.
(c) Alternative VCSB procedures for measuring absolute fuel parameters (sulfur) must
meet accuracy criteria based on the following measurement procedure:
(1) Obtain a gravimetric sulfur standard to serve as representative reference samples. The
samples must have known sulfur content within the ranges specified in paragraph (c)(3) of this
section. The known sulfur content is the accepted reference value (ARV) for the fuel sample.
(2) Measure the sulfur content of the fuel sample at your laboratory at least 10 times,
without interruption. Use good laboratory practice to compensate for any known chemical
interferences; however, you must apply that same compensation for all tests to measure sulfur
content in a test fuel. Calculate the arithmetic average of all the measured values, including any
compensation.
(3) The measurement procedure meets the accuracy requirement as follows:
(i) Demonstrate accuracy for measuring sulfur in gasoline, regulated gasoline blendstock,
and gasoline fuel additives using test fuels to represent sulfur values from 1 to 10 ppm, 11 to 20
ppm, and 21-80 ppm. You may omit any of these ranges if you don't perform testing with fuel in
that range. Calculate the maximum allowable difference between the average measured value
and ARV for each applicable range using the following equation:
Maximum Allowable Difference = 0.75- omax
Where,
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Gmax = the maximum allowable standard deviation from paragraph (b)(4) of this section
using the sulfur content represented by ARV.
(ii) Demonstrate accuracy for measuring sulfur in diesel fuel using test fuels meeting the
specifications in Table 2 to this section. For testing diesel-related blendstocks and additives, use
representative test samples meeting the appropriate sulfur specification. Table 2 to this section
also identifies the maximum allowable difference between average measured values and ARV
corresponding to ARV at the upper end of the specified ranges. These values are based on
calculations with the equation in paragraph (c)(3)(i) of this section, with parameter values set to
be equal to the standard.
Table 2 to §1090.1354—Accuracy Criteria for Qualifying Alternative Procedures with
Diesel Fuel and Diesel-Related Blendstocks and Additives
Fuel
Sulfur Content (ppm)
Illustrated Maximum
Allowable Differences1
ULSD
10-20
0.54
500 ppm LM diesel fuel
450-500
8.65
ECA marine fuel
900-1,000
15.1
(d) Alternative VCSB procedures for measuring method-defined fuel parameters must
meet accuracy criteria as follows:
(1) You may use the alternative procedure only if you follow all the statistical protocols
and meet all the criteria specified in Section 6 of ASTM D6708 (incorporated by reference in
§1090.95) when comparing your measurements using the alternative procedure to measurements
at a reference installation using the appropriate referee test method identified in §1090.1352(d).
(2) For qualifying alternative procedures, determine whether the alternative procedure
needs a correlation equation to correct bias relative to the reference test method. Create such a
correlation equation as specified in Section 7 of ASTM D6708 (incorporated by reference in
§1090.95). For all testing, apply the correlation equation to adjust measured values to be
statistically consistent to measuring with the reference test method. An assessment under ASTM
D6708 applies only for the range of fuel parameters included in the assessment, as identified in
the published procedure. For fuel parameters not covered by such an assessment, treat the
alternative procedure as a non-VCSB procedure under this section.
(3) If an alternative VCSB procedure states that the procedure has a successful
assessment relative to the referee procedures in this section under ASTM D6708, that finding
applies for all test facilities using that procedure.
(e) Alternative non-VCSB procedures for measuring absolute fuel parameters (sulfur)
must meet accuracy criteria as follows:
(1) Demonstrate whether the procedure meets statistical criteria and whether it needs a
correlation equation as specified in paragraphs (d)(1) and (2) of this section. Apply the
correlation equation for all testing with the alternative procedure.
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(2) Demonstrate at your laboratory that the alternative procedure meets the accuracy
criteria specified in paragraph (c) of this section.
(3) Send us a written request to use the alternative procedure. In your request, fully
describe the procedure to show how it functions for achieving accurate measurements and
include detailed information related to your assessment under paragraph (d)(1) and (2) of this
section. We will approve your request if we agree that you meet the specified requirements.
(f) Alternative non-VCSB procedures for measuring method-defined fuel parameters
must meet accuracy and precision criteria as follows:
(1) Demonstrate whether the procedure meets statistical criteria and whether it needs a
correlation equation as specified in paragraphs (d)(1) and (2) of this section. Apply the
correlation equation for all testing with the alternative procedure.
(2) Test with a range of fuels that are typical of those you will analyze at your laboratory.
Use consensus-named fuels or locally-named reference materials. Consensus-named fuels are
homogeneous fuel quantities sent around to different laboratories for analysis, which results in a
"consensus name" representing the average value of the parameter for all participating
laboratories. Locally named reference materials are fuel samples analyzed using the reference
test method, either at your laboratory or at a reference installation, to establish an estimated value
for the fuel parameter; locally named reference materials usually come from the fuel you
produce.
(3) You may qualify your procedure as meeting the variability requirements of paragraph
(f)(1) of this section only for a narrower, defined range of fuels. If this is the case, identify the
appropriate range of fuels in your request for approval and describe how you will screen fuel
samples accordingly.
(4) Qualify the precision of the alternative procedure by comparing results to testing with
the referee procedure based on "between methods reproducibility," Rxy, as specified in ASTM
D6708. The Rxy must be at or below 75 percent of the reproducibility of the referee procedure
from §1090.1352(d).
(5) Perform testing at your laboratory as specified in paragraph (b) of this section to
establish the repeatability of the alternative procedure. The repeatability must be as good as or
better than that specified in paragraph (b)(4) of this section.
(6) Fully describe the procedure to show how it functions for achieving accurate
measurements. Describe the technology, test instruments, and testing method so a competent
person lacking experience with the procedure and test instruments would be able to replicate the
results.
(7) Engage a third-party auditor to review and verify your information as follows:
(i) The auditor must qualify as an independent third party and meet the specifications for
technical ability as specified in §1090.55.
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(ii) The auditor must send you a report describing its inspection of your facilities and its
review of the information supporting your request to use the alternative procedure. The report
must describe how the auditor performed the review, identify any errors or discrepancies, and
state whether the information supports a conclusion that the alternative procedure should be
approved.
(iii) The auditor must keep records related to the review for at least 5 years after sending
you the report and give us those records if we ask for them.
(8) Send us a written request to use the alternative procedure. Include the specified
information and any additional information we need to evaluate your request. We will approve
your request for a specific laboratory if we agree that you meet the specified requirements. We
will make best efforts to notify you of our decision within 90 days. We will describe our reasons
if we disapprove your request.
(g) We may find from testing that an alternative procedure qualifying under this section
in fact does not meet performance specifications. If this happens, we will notify you in writing.
(h) Keep fuel samples from any qualification testing under this section for at least 180
days after you have taken all steps to qualify an alternative procedure under this section. This
applies for testing at your laboratory and at any reference installation you use for demonstrating
the accuracy of an alternative procedure.
§1090.1356 Qualifying criteria for reference installations.
(a) A reference installation refers to a test facility using the referee test method specified
in §1090.13 52(d) used 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 §1090.1352(d). This evaluation may result in an equation to correlate results
between the two procedures. Paragraph (b) of this section specifies an alternative method to
qualify a laboratory and instruments as a reference installation for a given method-defined
parameter. Once a facility qualifies as a reference installation, that qualification applies
indefinitely, consistent with good laboratory practices.
(b) Qualify a reference installation based on the following measurement protocol:
(1) Use the precision testing procedure specified in §1090.1354(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 is
closest 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.
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(ii) Measure the fuel parameter for the crosscheck fuel at your facility 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 testing. Express this difference as a certain
number of standard deviations relative to the data set from the crosscheck program.
(iv) The calculated monthly difference between the mean values from paragraph (b)(2)(ii)
of this section for 5 consecutive months must fall within the central 50 percent of the distribution
of data at least 3 times. The central 50 percent of the distribution corresponds to 0.68 standard
deviations.
(v) Calculate the mean value of the differences from paragraph (b)(2)(ii) of this section
for all 5 months. This mean value must fall within the central 50 percent of the distribution of
data from the crosscheck program. For example, if the difference was 0.5 standard deviations for
two months, 0.6 for one month, and 0.7 for two months, the mean value of the difference is 0.6
standards deviations, and the reference installation meets the requirements of this paragraph.
(3) You must demonstrate that the reference installation is in statistical quality control for
at least 5 months with the designated procedure as specified in ASTM D6299 (incorporated by
reference in §1090.95). If at any point the reference installation is not in statistical quality
control, you must make any necessary changes and restart testing toward meeting the
requirement to achieve statistical quality control for at least 5 months, except as follows:
(i) Do not consider measurements you perform as part of regular maintenance or
recalibration for evaluating statistical quality control.
(ii) If you find that the reference installation is not in statistical quality control during an
initial 5-month period and you are able to identify the problem and make the necessary changes
to again achieve statistical quality control before the end of the 5-month demonstration period,
you may consider the reference installation to meet the requirement to be in statistical quality
control for at least 5 months.
§1090.1358 Quality control procedures.
This section specifies ongoing quality testing requirements as part of the Performance-
based Measurement System specified in §1090.1352.
(a) General provisions. You must perform testing to show that your test facility meets
specified precision and accuracy criteria as follows:
(1) The testing requirement applies for the referee procedures in §1090.1352(d) and for
alternate procedures that are qualified or approved under §1090.1354. The testing requirements
apply separately for each test instrument at each test facility.
(2) If you fail to do specified testing, your test facility is not qualified for measuring fuel
parameters to demonstrate compliance with the standards and other specifications of this part
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until you perform this testing. Similarly, if your test facility 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 facility and
perform testing to show that the test facility again meets the specified criteria.
(3) If you do major maintenance such as overhauling an instrument or recalibrating it,
confirm that the instrument still meets precision and accuracy criteria before you start testing
again. Use the Q-procedure with the MR chart in ASTM D6299 (incorporated by reference in
§1090.95).
(4) 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 qualifies your test facility for performing up to 20
production tests or 7 days, whichever is less.
(2) Perform precision testing using the control-chart procedures in ASTM D6299
(incorporated by reference in §1090.95). If you opt to use the Q-procedure, validate the first run
on the new QC batch by either an overlap in-control result of the old batch, or by a single
execution of an accompanying standard reference material. The new QC material result would be
considered validated if the single result of the standard reference material is within the
established site precision (R') of the ARV of the standard reference material, as determined by
ASTM D6792.
(3) Use I charts and MR charts as specified in ASTM D6299 to show that the long-term
standard deviation for the test facility meets the precision criteria specified in §1090.1354(b).
(c) Accuracy demonstration. For absolute fuel parameters (VCSB and non-VCSB) and
for method-defined fuel parameters using non-VCSB methods, you must show that you meet
accuracy criteria as specified in this paragraph (c). For method-defined VCSB procedures, you
may meet accuracy requirements as specified in this paragraph (c) or by comparing your results
to the accepted reference value in an inter-laboratory crosscheck program sponsored by ASTM
International or another voluntary consensus standards body at least 3 times per year.
(1) Meeting the accuracy criteria qualifies your test facility for 130 days.
(2) Except as specified in paragraph (c)(3) of this section, test every instrument using a
check standard meeting the specifications of ASTM D6299. Select a fuel sample with an ARV
that is at or slightly below the standard that applies. If there are both average and batch
standards, use the average standard. If there is no standard, select a fuel sample representing fuel
that is typical for your testing.
(3) The following provisions apply for method-defined non-VCSB alternative procedures
with high sensitivity to sample-specific bias:
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(i) Procedures have high sensitivity if the closeness sum of squares (CSS) statistic
exceeds the 95th percentile value, as specified in ASTM D6708 (incorporated by reference in
§1090.95).
(ii) Create a check standard from production fuel representing the fuel you will routinely
analyze. Determine the ARV of your check standard under the protocol in ASTM D6299
(incorporated by reference in §1090.95) at a reference installation as specified in §1090.1356.
(iii) You must send us a fuel sample from every twentieth batch of gasoline or diesel fuel
and identify the procedures and corresponding test results from your testing. We may return one
of your samples to you for further testing; if we do this, you must repeat your measurement and
report your results within 180 days of receiving the fuel sample.
(4) You meet accuracy requirements under this section if the difference between your
measured value for the check standard and the ARV is less than the value from the following
equation:
R = the reproducibility of the referee procedure identified in §1090.13 52(d).
L = the total number of test results used to determine the ARV of a consensus-named
fuel. For testing locally named fuels, use L = go.
GASOLINE DEPOSIT CONTROL TESTING
§1090.1375 Gasoline deposit control test procedures.
Gasoline detergent manufacturers must demonstrate compliance with the deposit control
standard specified in §1090.340 as follows:
(a) Perform testing as specified in paragraph (b) of this section to identify a LAC for your
detergent. You may alternatively perform testing as specified in paragraph (c) of this section for
gasoline sold in California.
(b) Perform testing to determine the LAC for your detergent using the procedures
specified in ASTM D6201 (incorporated by reference in §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 may not come from
chemical grade streams. You may add butane and pentane to adjust vapor pressure. The base fuel
Where,
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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-
(1) 8.0-10.0 volume percent DFE that meets the requirements in §1090.340 and conforms
to the specifications of ASTM D4806 (incorporated by reference in §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. You may use a base fuel with typical nondetergent
additives, such as antioxidants, corrosion inhibitors, and metal deactivators.
(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 the LAC for the detergent in compliance with the requirements in §1090.340.
(c) You may perform testing to certify your detergent using the procedures specified by
CARB in 13 CCR section 2257 (incorporated by reference in §1090.95). Our approval for a
detergent tested under this paragraph applies only for California reformulated gasoline that will
be additized in California or sold or dispensed to ultimate consumers in California or to someone
who sells or dispenses to ultimate consumers in California under §1090.340(b)(2)(ii).
(d) You may use an alternative method to demonstrate compliance with the gasoline
deposit control requirements in §1090.340 if we approve it in advance. We will approve your
request if we determine that the alternative method provides an equivalent or better level of
deposit control performance compared to previously approved methods.
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Subpart N—Survey Provisions
§1090.1400 National fuels survey program participation.
(a) Gasoline manufacturers that elect to account for the addition of oxygenate added
downstream under §1090.710 must participate in the national fuel survey program specified in
this subpart.
(b) Parties required to participate in an E15 survey under §1090.1420 must participate in
the national fuels survey specified in this subpart or a survey approved by EPA under
§1090.14XX.
(c) Other parties may participate in the national fuel survey program as an element to
establishing an affirmative defense against violations of requirements and provisions under this
part as specified in subpart Q of this part.
§1090.1405 National fuels survey program requirements.
The national fuels survey program must meet all the following requirements:
(a) The survey program must be planned and conducted by an independent surveyor that
meets the requirements specified in §1090.1410.
(b) The survey program must be conducted at a representative sample of gasoline and
diesel retail outlets in the United States as determined by the methodology specified in
§1090.14XX.
§1090.1410 Independent surveyor requirements.
The independent surveyor conducting the survey program specified in §1090.1405 must
meet all the requirements of this section. The independent surveyor must:
(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 offered for sale
separately from all gasoline and diesel retail outlets in accordance with the survey program plan
approved by EPA, or immediately notify EPA of any refusal of a retailer or WPC to allow
samples to be taken.
(2) Obtain a number of samples representative of the number of gasoline retail outlets
offering El 5.
(3) Collect samples of gasoline produced at blender pump using "method 1" specified in
NIST Handbook 158 (incorporated by reference, see §1090.XXX). All other samples of gasoline
and diesel fuels must be collected using methods specified in subpart M of this part.
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(4) Samples collected must be shipped within 2 business days of the samples being
collected via ground service to an EPA-approved laboratory.
(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 by §1090.XXX, must also be analyzed
for aromatics content, olefins content, and distillation characteristics (i.e., T50 and T90).
(3) Diesel samples must be analyzed for sulfur content.
(4) All samples must be tested by an EPA-approved laboratory using test methods
specified in subpart M of this part.
(5) All testing must be completed by the EPA-approved laboratory within 10 business
days after receipt of the sample.
(d) Verify E15 labeling requirements at gasoline retail outlets that offer for sale E15.
(e) 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 the EPA-
approved laboratory has completed analysis when any of the following occur:
(1) A test result for a gasoline sample yields a sulfur content result that exceeds 95 ppm.
(2) A test result for a gasoline sample yields an RVP result that exceeds the applicable
geographic and seasonal RVP standard in §1090.315.
(3) A test result for a diesel sample yields a sulfur content result that exceeds 15 ppm.
(4) A test result for a gasoline sample identified as "El5" yields an ethanol content result
that exceeds 15 volume percent.
(5) A test result for a gasoline sample not identified as "El5" yields an ethanol content of
more than 10 volume percent ethanol.
(f) Provide to EPA quarterly and annual summary survey reports that include the
information specified in §1090.XXX.
(g) Maintain all records relating to the surveys conducted under this section as specified
in §1090.XXX.
(h) Permit any representative of EPA to monitor at any time the conducting of the survey,
including sample collection, transportation, storage, and analysis.
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§1090.1415 Survey plan design requirements.
The survey program plan specified in §1090.1405 must, at a minimum, include all the
following:
(a) Number of surveys. The survey program plan must include 4 surveys each calendar
year, which must 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, as defined in §1090.XXX, during each survey. These sampling strata must be further
divided into discrete sampling areas as defined in §1090.XXX. 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 plan must include procedures to keep the
identification of the sampling areas that are included in any survey program plan confidential
from any party participating in the survey program specified in §1090.1400 prior to the
beginning of a survey in an area. However, this information must not be kept confidential from
EPA.
(d) Gasoline and diesel retail outlet selection. (1) Gasoline and diesel retail outlets to be
sampled in a sampling area must be selected from among all gasoline retail outlets in the United
States that sell gasoline 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) In the case of any gasoline or diesel retail outlet from which a sample of gasoline was
collected during a survey was reported to EPA under §1090.1410(e), that gasoline or diesel retail
outlet must be included in the subsequent survey.
(3) At least one sample of a product dispensed as El 5 must be collected at each gasoline
retail outlet when El 5 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 of a product dispensed as diesel fuel must be collected at each
diesel fuel retail outlet when diesel fuel is present. Samples of diesel fuel may be collected at
retail outlets that sell gasoline.
(e) Number of samples. (1) The number of retail outlets to be sampled must be
independently calculated for the total number of gasoline retail outlets and the total number of
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diesel fuel retail outlets. The same retail outlet may represent both a gasoline retail outlet and a
diesel fuel retail outlet for purposes of determining the number of samples.
(2) The minimum number of samples to be included in the survey plan for each calendar
year is calculated as follows:
n = Minimum number of samples in a year-long survey series. However, n must be
greater than or equal to 2,000 for the number of diesel samples or 5,000 for the number of
gasoline samples.
Za = Upper percentile point from the normal distribution to achieve a one-tailed 95%
confidence level (5% a-level). Thus, Za equals 1.645.
Zp = Upper percentile point to achieve 95% power. For purposes of this survey program,
Zp equals 1.645.
(pi = The maximum proportion of non-compliant outlets for a region to be deemed
compliant. In this test, the parameter needs to be 5% or greater, i.e., 5% or more of the outlets,
within a stratum such that the region is considered non-compliant. For this survey, (pi will be 5%.
(po = The underlying proportion of non-compliant outlets in a sample. For the first survey
plan, (po will be 2.3%. For subsequent survey plans, (po will be the average of the proportion of
outlets found to be non-compliant over the previous 4 surveys.
Fa = Adjustment factor for the number of extra samples required to compensate for
collected samples that cannot be included in the survey, based on the number of additional
samples required during the previous 4 surveys. Fa must be greater than or equal to 1.1.
Fb = Adjustment factor for the number of samples required to resample each retail outlet
with test results reported to EPA under §1090.1410(e), based on the rate of resampling required
during the previous 4 surveys. Fb must be greater than or equal to 1.1.
Sun = Number of surveys per year. For purposes of this survey program, Sun equals 4.
Stn = Number of sampling strata. For purposes of this survey program, Stn equals 3.
(3) The number of gasoline samples that also need to be tested for aromatics, olefins, and
distillation parameters under §1090.1410(c)(2) must be calculated using the methodology
specified in paragraph (e)(2) of this section without the Fa, Fb, and Sun parameters.
Where:
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(4) The number of samples determined under paragraphs (e)(2) and (3) of this section
must be distributed approximately equally among the 4 surveys conducted during the calendar
year.
(f) Laboratory designation. Any laboratory that the independent surveyor intends to use
to test samples collected as part of the survey program specified in this section must be approved
annually as part of the survey program plan approval process in §1090.1420. In the survey
program plan submitted to EPA, the independent surveyor must include the following
information regarding any laboratory it intends to use to test samples:
(1) The name of the laboratory.
(2) The address of the laboratory.
(3) The test methods for each fuel parameter measured at the laboratory.
(4) Reports demonstrating the laboratory's performance in a laboratory cross-check
program for the most recent 12 months prior to submission of the plan.
§1090.1420 Additional requirements for E15 misfueling mitigation surveying.
(a) El5 misfueling mitigation survey requirement. (1) Any gasoline manufacturer,
oxygenate blender, or oxygenate producer that manufactures, introduces into commerce, sells, or
offers for sale El5, gasoline, BOB, DFE, or gasoline-ethanol blended fuel that is intended for use
in or as El 5 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) In the case of oxygenate producers that produce or import DFE, the DFE that is
produced or imported is deemed as intended for use in El 5 unless an oxygenate producer
demonstrates that it was not intended for such use. Oxygenate producers may demonstrate, at a
minimum, that their DFE is not intended for use in El 5 by including language on PTDs stating
that the DFE is not intended for use in El5, by 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,
and by limiting the concentration of their DFE to no more than 10 volume percent in their fuel
additive registration under 40 CFR part 79.
(b) Survey Option 1. To comply with the El5 misfueling mitigation survey requirement
specified in paragraph (a) of this section, any gasoline manufacturer, oxygenate blender, or
oxygenate producer that manufactures, introduces into commerce, sells, or offers for sale El 5,
gasoline, BOB, DFE, or gasoline-ethanol blended fuel intended for use in or as El 5 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 meeting all the following criteria:
(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, ethanol blender,
ethanol producer, or ethanol importer introduces El 5 into commerce:
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(1) One survey during the period January 1 through March 31.
(ii) One survey during the period April 1 through June 30.
(iii) One survey during the period July 1 through September 30.
(iv) One survey during the period October 1 through December 31.
(2) The survey program plan must meet all the requirements of this subpart, except for
§§1090.1400, 1090.1405(b), 1090.1410(c)(2) and (3), and 1090.1415(b), (d)(1), (2), and (4), and
(e). In lieu of meeting the exempted sections specified in this paragraph, any survey program
plan submitted to EPA to meet this requirement must specify the sampling strata, clusters, and
area(s) to be surveyed, and the number of samples to be included in the survey.
(c) Survey Option 2. To comply with the El5 misfueling mitigation survey requirement
specified in paragraph (a) of this section, any gasoline manufacturer, oxygenate blender, or
oxygenate producer that manufactures, introduces into commerce, sells, or offers for sale El 5,
gasoline, BOB, DFE, or gasoline-ethanol blended fuel intended for use in or as El 5 must
participate in the survey program specified in §1090.1405.
§1090.1425 Survey plan approval process.
(a) A survey program plan that complies with the requirements in §1090.1415 must be
submitted to EPA no later than October 15 of the year preceding the calendar year in which the
survey will be conducted.
(b) The survey program plan must be signed by an RCO of the independent surveyor
conducting the survey program.
(c) The survey program plan must be sent to the attention of "Survey Plan to Meet Fuels
Survey Requirements" to the address in §1090.10.
(d) EPA will send a letter to the party submitting the survey program plan that indicates
whether EPA approves or disapproves the survey plan.
§1090.1430 Independent surveyor contract.
(a) 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 an amount of
money necessary to carry out the entire survey plan must be paid to the independent surveyor or
placed into an escrow account with instructions to the escrow agent to pay the money to the
independent surveyor during the course of the survey plan.
(b) 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 money 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.
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§1090.1435 Consequences of failure to fulfill survey requirements.
(a) No person may fail to fulfill or cause to be fulfilled any of the requirements of this
subpart and is a prohibited act under 42 U.S.C. § 7545(c) and §1090.XXX.
(b) EPA may revoke its approval of a survey plan under this subpart for cause, including,
but not limited to, an EPA determination that the approved survey plan has proved to be
inadequate in practice.
(c) EPA may void ab initio its approval of a survey plan if EPA's approval was based on
false information, misleading information, or incomplete information, or if there was a failure to
fulfill, or cause to be fulfilled, any of the requirements of the survey plan.
§1090.1440 National sampling oversight program requirements.
(a) National sampling oversight program participation. (1) Except for gasoline
manufacturers that have an approved in-line blending waiver under §1090.13XX, any gasoline
manufacturer that elects to account for the addition of oxygenate added downstream under
§1090.7XX must participate in the national sampling oversight program in this section.
(2) Other gasoline manufacturers may elect to participate in the national sampling
oversight program as part of an affirmative defense to a violation under subpart Q of this part.
(3) Gasoline manufacturers that elect to participate in the national sampling oversight
program must test, or arrange to be tested, samples collected from their 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 the sample was collected.
(b) National sampling oversight program requirements. The national oversight sampling
program must meet all the following requirements:
(1) The national oversight sampling program must be planned and conducted by an
independent surveyor that meets the independence requirements in §1090.XX and the
requirements of paragraph (c) of this section.
(2) The sampling program must be conducted at each manufacturing facility from all
participating gasoline manufacturers.
(c) Independent surveyor requirements. The independent surveyor conducting the
national sampling oversight program must meet all the following requirements:
(1) Submit a proposed national sampling oversight program plan 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 manufacturing facility that participates in the national
sampling oversight program, if possible.
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(ii) Observe the gasoline manufacturer collect at least one sample representing summer
gasoline and one sample representing winter gasoline for each gasoline manufacturing facility
that participates in the national sampling oversight program. The independent surveyor must also
obtain a portion of the sample collected by the gasoline manufacturer and ship the sample as
specified in paragraph (c)(2)(v) of this section. The observed sample does not need to represent a
batch of certified gasoline (i.e., the independent surveyor may observe the collection of a
simulated sample if the gasoline manufacturer does not have a batch of certified gasoline
available).
(iii) The independent surveyor must immediately notify EPA of any refusal of a gasoline
manufacturer to allow samples to be taken. Gasoline manufacturers participating in the national
sampling oversight program that refuse to allow the independent surveyor to collect samples to
be taken are no longer considered by EPA to participate in the national sampling oversight
program and may not account for the addition of oxygenate added downstream under §1090.710.
(iv) Samples must be retained by the independent surveyor as specified in §1090.13XX.
(v) Samples collected must be shipped via ground service within 2 business days from
when the samples are collected to an EPA-approved laboratory as established in an approved
plan under this section. A random subset of collected samples must also be shipped to the EPA
National Vehicle and Fuel Emissions Laboratory as established in an approved plan under this
section.
(3) Test, or arrange to be tested, samples collected under paragraph (b) of this section as
follows:
(i) Winter gasoline samples must be analyzed for oxygenate content, sulfur content,
benzene content, distillation characteristics, aromatics, and olefins.
(ii) Summer gasoline samples must be analyzed for oxygenate content, sulfur content,
benzene content, distillation characteristics, aromatics, olefins, and RVP.
(iii) All samples must be tested by an EPA-approved laboratory using test methods
specified in subpart M of this part.
(iv) All analyses must be completed by the EPA-approved laboratory within 10 business
days after receipt of the sample.
(4) Using procedures specified in an EPA-approved plan under this section, notify EPA
and the gasoline manufacturer within 24 hours after the EPA-approved laboratory has completed
analysis when any of the following occur:
(i) A test result for a gasoline sample yields a sulfur content result that exceeds 80 ppm.
(ii) A test result for a gasoline sample yields an RVP result that exceeds the applicable
geographic and seasonal RVP standard in §1090.XXX or any SIP approved or promulgated
under 42 U.S.C. § 7410 or 7502.
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(5) Make the test results available to EPA and the gasoline manufacturer for all analyses
specified in paragraph (c)(3) of this section within 5 business days of completion of the analysis.
(6) Compare test results of all samples obtained in paragraph (c)(2) of this section and all
test results obtained from the gasoline manufacturer from the same samples as specified in
paragraph (a)(3) of this section and inform EPA and the gasoline manufacturer if the test result
for any parameter tested under paragraph (c)(3) of this section is greater than the reproducibility
of the applicable method specified in subpart M of this part.
(7) Provide to EPA quarterly and annual summary sampling oversight program reports
under subpart J of this part.
(8) Maintain all records relating to the sampling oversight program conducted under
paragraph (d) of this section as specified in subpart L of this part.
(9) Submit contracts to EPA under §1090.1430.
(10) Permit any representative of EPA to monitor at any time the conducting of the
national sampling oversight program, including sample collection, transportation, storage, and
analysis.
(d) National sampling oversight program plan requirements. The national sampling
oversight program plan specified in §1090.1405 must include, at a minimum, all the following:
(1) Advance notice of sampling. The national sampling oversight program plan must
include procedures on how to keep the identification of the manufacturing facilities included in
any national sampling oversight program plan confidential with minimal advanced notification
from any gasoline manufacturer prior to collecting a sample. However, this information may not
be kept confidential from EPA.
(2) Gasoline manufacturing facility selection, (i) Each manufacturing facility of
participating gasoline manufacturers must be sampled at least once during the summer season
and once during the winter season. The plan must demonstrate how these facilities will be
randomly selected within the summer and winter seasons.
(11) In addition to the summer and winter sample collected at each manufacturing facility,
additional oversight samples to ensure sampling oversight are required under paragraph (c) of
this section. The independent surveyor must identify how these samples will be randomly
distributed among participating facilities.
(3) Number of samples, (i) The number of manufacturing facilities to be sampled must be
calculated for the total number of samples to be collected for the next compliance period as part
of the national sampling oversight program plan.
(ii) The minimum number of samples to be included in the national sampling oversight
plan for each calendar year is calculated as follows:
n = R * Fa * Fb * Sun
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Where:
n = Minimum number of samples in a year.
R = The number of participating gasoline manufacturing facilities.
Fa = Adjustment factor for the number of extra samples required to compensate for
samples that could not be included in the sampling oversight program (e.g., due to technical or
logistical considerations), based on the number of additional samples required during the
previous two surveys. Fa must be greater than or equal to 1.1.
Fb = Adjustment factor for the number of samples required to ensure oversight. For
purposes of this survey program, Fb equals 1.25.
Sun = Number of surveys per year. For purposes of this survey program, Sun equals 2
(representing summer and winter gasoline).
(4) Laboratory designation. Any laboratory that the independent surveyor intends to use
to test samples collected as part of the national sampling oversight program specified in this
subpart must be approved annually as part of the sampling oversight program plan. The
independent surveyor must include the following information regarding any laboratory it intends
to use to test samples:
(i) The name of the laboratory.
(ii) The address of the laboratory.
(iii) The test methods for each fuel parameter measured at the laboratory.
(iv) Reports demonstrating the laboratory's performance in a laboratory cross-check
program for the most recent 12 months prior to submission of the plan.
(5) Sampling procedure. The plan must include a detailed description of the sampling
procedures used to collect samples at participating manufacturing facilities.
(6) Notification of test results. The plan must include a description of how the
independent surveyor will notify EPA and gasoline manufacturers of test results as required by
§1090.1440(c)(4).
(7) Submission. Plans submitted under this section are subject to the requirements in
§1090.1420.
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Subpart O—Requirements for Retailers and Wholesale Purchaser-Consumers
§1090.1500 Overview.
(a) Retailers and WPCs must meet 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 criteria:
(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.
(3) The alternative label must be submitted as specified in §1090.10.
LABELING
§1090.1510 E15 labeling provisions.
Any retailer or WPC dispensing El 5 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 section 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.
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3.625
Helvetica Black, 42pt
center-justified
Helvetica Black, 14pt
center-justified
Helvetica Bold, 14pt
left-justified
Helvetica Bold, 12pt
left-justified
Helvetica Bold. 20pt
left-justified
Pon't use in other vehicles, boats or
gasoline-powered equipment. It may cause
damage anc /fed by Federal law.
• 2001 and newer passenger vehicles
% Flex-fuel vehicles
se only in
3.125
Helvetica Black Italic, 12pt
Figure 1 of §1090.1510—E15 Label
§1090.1515 Diesel sulfur labeling provisions.
Any retailer or WPC dispensing any combination of 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 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'
HEATING OIL
WARNING
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LOCOMOTIVE AND MARINE DIESEL FUEL (500 ppm Sulfur Maximum)
WARNING
Federal law prohibits use in nonroad engines or in highway vehicles or engines.
(3) For dispensing EC A marine fuel, apply the following label:
ECA MARINE FUEL (1,000 ppm Sulfur Maximum).
For use in Category 3 (C3) marine vessels only.
WARNING
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.
REFUELING HARDWARE
§1090.1550 Requirements for gasoline dispensing nozzles used with motor vehicles.
(a) The following refueling hardware specifications apply for any nozzle installation used
for dispensing gasoline into motor vehicles:
(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) For nozzles that dispense gasoline into motor vehicles, the dispensing flow rate may
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. Any dispensing pump dedicated to heavy-duty vehicles or airplanes is exempt from this
flow-rate requirement. Dispensing pumps primarily used with marine vessels must instead meet
the requirements in §1090.1555.
§1090.1555 Requirements for gasoline dispensing nozzles used primarily with marine
vessels.
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).
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(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.
§1090.1560 Requirements related to dispensing natural gas.
(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 meeting
the requirements of 40 CFR 86.1813-17(f)(l).
(b) Determine the vented volume using calculations based on the geometric shape of the
nozzle and hose.
§1090.1565 Requirements related to dispensing liquefied petroleum gas.
(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 cm3 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.
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Subpart P—Importation and Exportation of Fuels, Fuel Additives, and Regulated
Blendstocks
§1090.1600 General provisions for importers.
(a) This subpart specifies certain provisions that apply to any person who imports fuels,
fuel additives, or regulated blendstocks.
(b) The party that is the importer of record for U.S. Customs Service is the importer for
purposes of this part.
(c) For importers that import fuel at multiple import facilities in the same PADD, the
facilities must be aggregated together for purposes of complying with average standards and
reporting as an aggregated import facility.
(d) Importers must separately comply with any applicable certification or other
requirements for U.S. Customs.
(e) Alternative testing requirements for importing gasoline or diesel fuel by rail or truck
are specified in §1090.1325.
§1090.1605 Importation by marine vessel.
(a) Importers importing by marine vessel must certify all gasoline, diesel, oxygenates,
and pentane imported at each port, whether or not it is transported by the same vessel making
multiple stops.
(b) Except as specified in paragraph (d) of this section, importers of gasoline, diesel fuel,
ECA marine fuel, oxygenates, certified ethanol denaturant, certified butane, and certified pentane
by marine vessel must certify the product while it is on board the vessel used to transport it to the
United States, and the certification sampling must be performed after the vessel's arrival in the
port where the product will be offloaded. Importers must sample each compartment of the vessel
and treat each ship compartment as a separate batch. Importers must assure that all gasoline,
diesel, oxygenates, and pentane meet all applicable per-gallon standards before offloading the
product. Importers may not rely on testing from a foreign supplier.
(c) Once gasoline, diesel, oxygenates, and pentane on a vessel have been certified, the
product may be transferred to shore tanks using smaller vessels or barges (lightered) as a
certified product. These lightering transfers may be to terminals located in any harbor and are not
restricted to terminals located in the harbor where the ship is anchored. For example, certified
gasoline could be transferred from a ship anchored in New York harbor to a lightering vessel and
transported to Albany, New York or Providence, Rhode Island without separately certifying the
gasoline upon arrival in Albany or Providence. In this lightering situation transfers to a lightering
vessel must meet the PTD requirements.
(d) As an alternative to paragraph (c) of this section, importers may offload gasoline into
shore tanks containing gasoline, diesel into shore tanks containing diesel, oxygenates into shore
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tanks containing oxygenates, and pentane into shore tanks containing pentane if the importer
meets the following requirements:
(1) For gasoline, importers must offload into one or more empty shore tanks or tanks
containing PCG that the importer owns.
(1) If importers offload into one or more empty shore tanks, they must sample and test the
sulfur and benzene content, and RVP for summer gasoline, of each shore tank into which product
was offloaded.
(ii) If importers offload into one or more shore tanks containing PCG, they must sample
the PCG already in the shore tank prior to offloading gasoline from the marine vessel, test the
sulfur and benzene content, and report this product as a batch with a negative volume. After
offloading the gasoline into the shore tanks, the importer must sample and test the sulfur and
benzene content, and RVP for summer gasoline, of each shore tank into which product was
offloaded and report the volume and sulfur and benzene content as a positive batch.
(2) For diesel fuel, oxygenates, and pentane, sample and test the product in each shore
tank into which product was offloaded. Importers must assure that all these products meet all
applicable per-gallon standards before introduction into commerce. Importers must report the
volume of imported diesel and the sulfur content of the blended fuel in their part 79 reports.
§1090.1610 General provisions for exporters.
Except as specified in this section, gasoline and diesel fuel produced, imported,
distributed, or offered for sale in the United States is subject to the standards and requirements of
this part. Note that subpart G of this part exempts certain fuels from these requirements.
(a) Fuels designated for export by a fuel manufacturer are not subject to the standards in
this part, provided they are ultimately exported to a foreign country. However, such fuels must
be designated at the fuel manufacturing facility and must be accompanied by documentation
stating for "export only" that complies with the PTD requirements of subpart K of this part.
Refiners must retain records to demonstrate that the fuel was exported. Fuel designated for
export must be segregated from all fuel intended for use in the United States.
(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 even if it will later be exported.
(c) Gasoline that has been classified as American Goods Returned to the U.S. by the U.S.
Customs Service is not considered to be imported for purposes of this part, provided all the
following conditions are met:
(1) The gasoline was produced at a fuel manufacturing facility located within the United
States and has not been mixed with gasoline produced at a fuel manufacturing facility located
outside the United States.
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(2) The gasoline must be included in compliance calculations by the producing gasoline
manufacturer.
(3) All the gasoline that was exported must ultimately be classified as American Goods
Returned to the U.S. and none may be used in a foreign country.
(4) No gasoline classified as American Goods Returned to the U.S. may be combined
with any gasoline produced at a foreign fuel manufacturing facility prior to being imported into
the United States.
§1090.1615 Gasoline treated as a blendstock.
(a) Importers may exclude GTAB from their compliance calculations if they meet the
following criteria:
(1) The importer reports the GTAB to EPA.
(2) The GTAB is treated as blendstock at a related fuel manufacturing facility that
produces gasoline using the GTAB.
(3) The related fuel manufacturing facility must report the gasoline produced using the
GTAB and must include the gasoline produced using the GTAB in its compliance calculations.
(b) After importation, the title of the GTAB may not be transferred to another party until
the GTAB has been blended to produce gasoline and all applicable standards and requirements
have been met for the gasoline produced.
(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 complete all requirements for gasoline importers under
§1090.105(a) except for the sampling, testing, and sample retention requirements in
§1090.105(a)(5) for the GTAB at the time it is imported as if the GTAB were imported gasoline.
(2) Any reports to EPA for imported GTAB must identify it as "GTAB".
(3) Any GTAB that ultimately is not used to produce gasoline (e.g., a tank bottom of
GTAB) must be treated as newly imported gasoline, for which all applicable requirements for
imported gasoline apply.
§1090.1620 Testing requirements for importing products by rail or truck.
Importers that import fuels, fuel additives, or regulated blendstocks by rail or truck may
meet the sampling and testing requirements of subpart M of this part based on test results from
the supplier if they meet the following requirements:
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(a) The importer must get documentation of test results from the supplier for each batch
of fuel in accordance with the following requirements:
(1) The testing must include measurements for all the fuel parameters specified in
§1090.1310 using the measurement procedures specified in §1090.1350.
(2) Testing for a given batch must occur after the most recent delivery into the supplier's
storage tank and before transferring product to the railcar or truck.
(b) The importer must conduct testing to verify test results from each supplier in
accordance with the following requirements:
(1) Collect a sample at least once every 30 days or every 50 rail or truckloads from a
given supplier, whichever is more frequent.
(2) Treat importation of gasoline and diesel fuel separately but treat rail and truckloads
together if product is imported from a given supplier by rail and truck.
(3) Test quality assurance samples as specified in paragraph (a) of this section.
(c) If the importer fails to meet the requirements of paragraphs (a) and (b) of this section,
they must perform testing as specified in §1090.1310 until EPA determines that the importer has
adequately addressed the cause of the failure.
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Subpart Q—Compliance and Enforcement Provisions
§1090.1700 Prohibited acts.
(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.
§1090.1705 Evidence related to violations.
(a)(1) EPA may use results from any testing required by 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.
§1090.1710 Penalties.
(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 every day of each such violation and the amount of
economic benefit or savings resulting from each violation.
(b) Average standards. (1) Any person liable for the violation of an average standard
under this part, or causing another person to violate an average standard under this part, is
subject to a separate day of violation for each and every 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 and every day in the compliance period in which invalid credits are generated or used.
(c) Per-gallon standards. (1) Any person liable under this part for a violation of a per-
gallon standard, or of causing another party to violate a per-gallon standard, is subject to a
separate day of violation for each and every 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
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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 and every day such provision remains
unfulfilled.
(e) For any person that fails to meet separate parameter requirements of this part, these
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 the engine,
vehicle, or equipment.
(g) The presumed values of fuel parameters in paragraphs (g)(1) through (3) of this
section apply for cases in which any person fails to perform required testing and must be
reported, unless EPA, in its sole discretion, approves a different value in writing. EPA may
consider any relevant information to determine whether a different value is appropriate.
(1) For gasoline: 970 ppm sulfur, 5 volume percent benzene, and 11 psi RVP.
(2) For diesel fuel: 1,000 ppm sulfur.
(3) For EC A marine fuel: 5,000 ppm sulfur.
§1090.1715 Liability provisions.
(a) Any person who violates any 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 is committed by the joint venture
operation or any of the joint owners of the facility.
(e)(1) Any manufacturer, distributor, reseller, carrier, retailer, WPC, oxygenate producer,
oxygenate importer, oxygenate blender, ethanol denaturant producer, ethanol denaturant
importer, fuel additive manufacturer, or fuel additive blender that produced, imported, sold,
offered for sale, dispensed, supplied, offered for supply, stored, transported, or caused the
transportation or storage of fuel, fuel additive, or regulated blendstock that is in the storage tank
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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.
§1090.1720 Affirmative defense provisions related to noncompliant fuels, fuel additives, or
regulated blendstocks.
(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) In cases where PTD requirements of this part apply, the PTDs account for the fuel
found to be in violation and indicate that the violating product was in compliance with the
applicable requirements while in that person's control.
(3) The person conducted a quality assurance sampling and testing 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) Retailers and WPCs are not required to conduct sampling and testing of fuel as part of
their quality assurance programs.
(b) In the case of 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 by 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 fuel manufacturer, 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 fuels, fuel additives, or regulated blendstocks
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despite specifications or inspections of procedures and equipment that are reasonably calculated
to prevent such action.
(c) Under paragraph (a) of this section, for any person to show that a violation was not
caused by that person, or under paragraph (b) of this section to show that a violation was caused
by any of the specified actions, the person must demonstrate by reasonably specific showings, by
direct or circumstantial evidence, that the violation was caused or must have been caused by
another person and that the person asserting the defense did not contribute to that other person's
causation.
(d) To demonstrate an acceptable quality assurance and testing program under paragraph
(a)(2) of this section, a person must present evidence of all the following:
(1) A periodic sampling and testing program adequately designed to ensure the fuel, fuel
additive, or regulated blendstock the person sold, dispensed, supplied, stored, or transported
meets the applicable per-gallon standard. A person may meet the periodic sampling and testing
requirements required in this paragraph by participating in a survey program that was in effect at
the time of the violation that meets the requirements in subpart N of this part. In addition to
participation in a survey program under subpart N of this part, gasoline manufacturers must also
participate in the national sampling oversight program specified in §1090.1440 at the time of the
violation.
(2) On each occasion when fuel, fuel additive, or regulated blendstock is found to be not
in compliance with the applicable per-gallon standard, the person does all the following:
(i) Immediately ceases selling, offering for sale, dispensing, supplying, offering for
supply, storing, or transporting the non-complying fuel, fuel additive, or regulated blendstock.
(ii) Promptly remedies the violation and the factors that caused the violation (e.g., by
removing the non-complying product from the distribution system until the applicable standard is
achieved and taking steps to prevent future violations of a similar nature from occurring).
(3) For any carrier that transports a fuel, fuel additive, or regulated blendstock in a tank
truck, the quality assurance program required under paragraph (d)(1) of this section does not
need to include periodic sampling and testing of gasoline in the tank truck. In lieu of such tank
truck sampling and testing, the carrier must demonstrate evidence of an oversight program for
monitoring compliance with the requirements of this part relating to the transport or storage of
gasoline by tank truck, such as appropriate guidance to drivers regarding compliance with the
applicable per-gallon standards and PTD requirements, and the periodic review of records
received in the ordinary course of business concerning gasoline quality and delivery.
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Subpart R—Attestation Engagements
§1090.1800 General provisions.
(a) The following parties must arrange for attestation engagement using agreed-upon
procedures as specified in this subpart:
(1) Gasoline manufacturers that produce or import gasoline subject to the requirements of
subpart C of this part.
(2) Gasoline manufacturers that perform testing as specified in subpart M of this part, and
gasoline manufacturers that rely on testing from independent laboratories.
(b) Auditors performing attestation engagements must meet the following requirements:
(1) The auditor may be an internal auditor that is employed by the fuel manufacturer and
certified by the Institute of Internal Auditors. Internal auditors 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).
(2) The auditor may be a certified public accountant, or firm of such accountants, that is
independent of the gasoline manufacturer. Such auditors must meet independence requirements
and must perform the attestation engagement in accordance with the Statements on Standards for
Attestation Engagements (SSAE) No. 18, Attestation Standards: Clarification and Recodification,
especially as noted in sections AT-C 105, 215, and 315 (incorporated by reference in §1090.95).
(3) The auditor must meet the independence requirements in §1090.55.
(4) Any auditor suspended or debarred under 2 CFR part 1532 or 48 CFR part 9, subpart
9.4, is not qualified to perform attestation engagements under this subpart.
(c) Auditors must perform attestation engagements separately for each registered facility
for which the gasoline manufacturer submitted reports to EPA for the compliance period.
(d) The following provisions apply to each attestation engagement performed under this
subpart:
(1) The auditor must prepare a report identifying the applicable procedures specified in
this subpart along with the auditor's corresponding findings for each procedure. The auditor must
submit the report electronically to EPA by June 1 of the year following the compliance period.
(2) The auditor must identify any instances where compared values do not agree (or
cannot be reconciled), or where specified values are outside of what this part allows.
(3) Laboratory analysis refers to the original test result for each analysis of a product's
properties. The following provisions apply in special cases:
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(i) For laboratories using test methods that must be correlated to the standard test method,
the laboratory analysis must include the correlation factors along with the corresponding test
results.
(ii) For gasoline manufacturers that rely on third-party laboratories for all testing, the
laboratory analysis consists of the results provided by the third-party laboratory.
§1090.1805 Representative samples.
(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:
Population (N)
Sample Size
1-25
The smaller of N or 19
26-40
20
41-65
25
66 or more
29
(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. Auditors that determine a sample size using this method must
describe and justify the alternate method in the attestation report(s).
(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.
§1090.1810 General procedures - gasoline manufacturers.
(a) Registration and EPA reports. Auditors must perform the procedures in this
paragraph to review registration and EPA 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 to EPA under subpart J of
this part.
(2) For each gasoline manufacturing facility, confirm that the facility's registration is
accurate based on activities reported during the compliance period, including that the registration
for the facility and any related updates were complete prior to conducting regulated activities at
the facility.
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(3) Confirm that the manufacturer submitted the reports required for activities the
manufacturer performed during the compliance period.
(4) Obtain a written statement from the manufacturer's RCO that the submitted reports
are complete and accurate.
(5) Report in the attestation report(s) the name of any commercial computer program
used to track the data required by the regulations in this part, if any.
(6) Report as a finding in the attestation report(s) any instances where the manufacturer's
registration information is inconsistent with registration requirements of subpart I of this part and
where the manufacturer failed to submit a required report under subpart J of this part.
(b) Inventory reconciliation analysis. Auditors must perform an inventory reconciliation
analysis as follows:
(1) For each product type produced at each facility, obtain copies of the gasoline
manufacturer's inventory reconciliation analysis inventory at the beginning and end of the
compliance period, receipts, production, shipments, transfers, and gain/loss.
(2) Foot and cross-foot the volumes.
(3) Compare the beginning and ending inventories to the manufacturer's inventory
records.
(4) Report in the attestation report(s) the volume totals for each product type.
(c) Listing of tenders. Auditors must review a listing of tenders as follows:
(1) Obtain detailed listings of gasoline tenders from the manufacturer, by product type.
(2) Foot the listings of gasoline tenders.
(3) Compare the total volume from the gasoline tenders to the total shipment volume in
the inventory reconciliation analysis for each product type.
(4) Report in the attestation report(s) the total volume for each product type.
(d) Listing of batches. Auditors must review listings of batches as follows:
(1) Obtain the batch reports submitted to EPA under subpart J of this part.
(2) Foot the batch volumes by product type.
(3) Compare the total volume from the batch reports to the total production or shipment
volume from the inventory reconciliation analysis specified in paragraph (b) of this section.
(4) Report as a finding in the attestation report(s) any gasoline batches with parameter
results that do not meet the per-gallon standards in subpart C of this part.
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(e) Test methods. Auditors must follow the procedures specified in §1090.1845 to
determine whether the manufacturer complies with the quality control requirements specified in
§1090.1358 for gasoline and gasoline-related additives and blendstocks.
(f) Detailed testing of BOB tenders. Auditors must review BOB tenders as follows:
(1) Obtain a listing of BOB tenders from the manufacturer.
(2) Select a representative sample of PTDs from the listing of BOB tenders.
(3) Compare the date and volume in the listing of BOB tenders to the PTDs.
(4) Confirm that the PTDs associated with the selected BOB tenders contain all the
applicable language requirements.
(5) Report as a finding in the attestation report(s) any batches where PTDs did not
contain all applicable PTD language requirements under subpart K of this part.
(g) Detailed testing of BOB batches. Select a representative sample of batches of BOB
from the batch reports submitted to EPA under subpart J of this part. For each selected BOB
batch, obtain the volume documentation and laboratory analysis and do the following:
(1) Compare the reported volume for the selected BOB batch to the volume
documentation.
(2) Compare the reported properties for the selected BOB batch to the laboratory
analysis.
(3) Compare the reported test methods used for the selected BOB batch to the laboratory
analysis.
(4) Determine the oxygenate type and amount that is required for blending with the BOB.
(5) Confirm that the oxygenate type and amount included in the BOB hand blend agrees
within an acceptable range to the selected BOB batches.
(6) Confirm that the manufacturer participates in the national fuels survey program under
subpart N of this part, if applicable.
(7) Report as a finding in the attestation report(s) when the volume documentation or
laboratory analysis does not agree with the reported information for any batch.
(h) Detailed testing of finished gasoline tenders. Select a representative sample from the
listing of finished gasoline tenders. For each sample, obtain the associated PTDs and perform the
following:
(1) Compare the date and volume in the listing of finished gasoline tenders to the PTDs.
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(2) Confirm that the PTDs associated with the selected finished gasoline tenders contain
all the applicable language requirements.
(i) Detailed testing of finished gasoline batches. Select a representative sample from the
finished gasoline batch reports submitted to EPA. For each sample, obtain the volume
documentation and the laboratory analysis and perform the following:
(1) Compare the volume for the selected finished gasoline batches to the volume
documentation.
(2) Compare the properties for the selected finished gasoline batches to the laboratory
analysis.
(3) Compare the test methods used for the selected finished gasoline batches to the
laboratory analysis.
§1090.1815 General procedures - gasoline importers.
(a) Registration and EPA reports. Auditors must perform the procedures specified in
§1090.1810 to review registration and EPA reports for gasoline imports.
(b) Listing of imports. Auditors must review a listing of imports as follows:
(1) Obtain detailed listings of gasoline imports from the importer, by product type
(2) Foot the listings of gasoline imports.
(3) Obtain listings of gasoline imports directly from the third-party U.S. Customs broker,
by product type.
(4) Foot the listings of gasoline imports from the third-party U.S. Customs broker.
(5) Compare the total volume from the importer's listings of gasoline imports to the
listings from the customs broker.
(6) Report in the attestation reports the total imported volume for each product type.
(7) Report as a finding in the attestation reports if the total volume from the importer's
listing of gasoline imports does not agree with the listings from the customs broker.
(c) Listing of batches. Auditors must review listings of batches as specified in
§1090.1810(d).
(d) Test methods. Auditors must follow the procedures specified in §1090.1845 to
determine whether the importer complies with the quality control requirements specified in
§1090.1358 for gasoline.
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(e) Detailed testing of BOB imports. Select a representative sample from the listing of
BOB imports from the importer. For each sample, obtain the U.S. Customs Entry Summaries and
the associated PTDs and perform the following:
(1) Compare the date and location that the import arrived in the United States to the U.S.
Customs Entry Summaries.
(2) Compare the volume in the listing of BOB imports from the importer to the U.S.
Customs Entry Summaries.
(3) Confirm that the PTDs associated with the selected BOB imports contain all the
applicable language requirements.
(f) Detailed testing of BOB batches. Select a representative sample from the BOB batch
reports submitted to EPA. For each sample, obtain the volume inspection reports and the
laboratory analysis and perform the following:
(1) Compare the volume for the selected BOB batches to the volume inspection reports.
(2) Compare the properties for the selected BOB batches to the laboratory analysis.
(3) Compare the test methods used for the selected BOB batches to the laboratory
analysis.
(4) Determine the oxygenate type and amount that is required for blending with the BOB.
(5) Confirm that the oxygenate type and amount included in the BOB hand blend agrees
within an acceptable range to the selected BOB batches.
(6) Confirm that the importer is a member of the REG survey association, if applicable.
(g) Detailed testing of finished gasoline imports. Select a representative sample from the
listing of finished gasoline imports. For each sample, obtain the U.S. Customs Entry Summaries
and the associated PTDs and perform the following:
(1) Compare the date and location that the import arrived in the United States to the U.S.
Customs Entry Summaries.
(2) Compare the volume in the listing of BOB imports from the importer to the U.S.
Customs Entry Summaries.
(3) Confirm that the PTDs associated with the selected finished gasoline imports contain
all the applicable language requirements.
(h) Detailed testing of finished gasoline batches. Select a representative sample from the
finished gasoline batch reports submitted to EPA. For each sample, obtain the volume inspection
reports and the laboratory analysis and perform the following:
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(1) Compare the volume for the selected finished gasoline batches to the volume
inspection reports.
(2) Compare the properties for the selected finished gasoline batches to the laboratory
analysis.
(3) Compare the test methods used for the selected finished gasoline batches to the
laboratory analysis.
(i) Additional procedures for certain gasoline imported by rail or truck. The following
additional procedures apply for importing gasoline into the United States by rail or truck under
the sampling and testing option in §1090.1325:
(1) From the listing of batches obtained under paragraph (c) of this section, select a
representative sample of import batches and perform the following for each sample:
(1) Identify the point of sampling and testing associated with each selected BOB and
finished gasoline batch in the tank activity records from the supplier.
(ii) Confirm that the sampling and testing occurred after the most recent delivery into the
supplier's storage tank and before transferring product to the railcar or truck.
(2) Obtain a detailed listing of the importer's quality assurance program sampling and
testing results and the corresponding laboratory analysis. Determine whether the frequency of the
sampling and testing meets the requirements in §1090.1325(b). Select a representative sample
from the importer's sampling and testing records under the quality assurance program and
perform the following for each sample:
(i) Determine whether the importer analyzed the test sample, and whether they performed
the analysis using the methods specified in subpart M of this part.
(ii) Review the terminal test results corresponding to the time of collecting the quality
assurance test samples. Compare the terminal test results with the test results from the quality
assurance program, noting any parameters with differences that are greater than the
reproducibility of the applicable method specified in subpart M of this part.
§1090.1820 Additional procedures for gasoline treated as blendstock.
In addition to any applicable procedures required under §§1090.1810 and 1090.1815,
auditors must perform the procedures in this section for gasoline manufacturers that import
GTAB under §1090.1615.
(a) Listing of GTAB imports. Auditors must review a listing of GTAB imports as follows:
(1) Obtain a detailed listing of GTAB imports from the importer and a listing of GTAB
imports directly from the third-party U.S. Customs broker.
(2) Foot the listing of GTAB imports from the importer.
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(3) Foot the listing of GTAB imports from the third-party U.S. Customs broker.
(4) Compare the volume totals per the listing of GTAB imports from the importer to the
listing from the third-party U.S. Customs broker.
(5) Report as a finding in the attestation report(s) the volume totals for the GTAB
imported and the corresponding facilities at which the GTAB was blended.
(b) Listing of GTAB batches. Auditors must review a listing of GTAB batches as follows:
(1) Obtain the GTAB batch reports submitted under subpart J of this part.
(2) Foot the volumes obtained from the GTAB batch reports.
(3) Compare the volume totals from the importer's listing of GTAB imports in paragraph
(b)(1) of this section to the volume totals on the GTAB batch reports.
(4) Report as a finding in the attestation report(s) any instance where the volume totals
from the importer's listing of GTAB imports in paragraph (b)(1) of this section do not agree with
the volume totals on the GTAB batch reports.
(c) Review of GTAB imports. Auditors must conduct a review of a representative sample
of GTAB imported batches as follows:
(1) Select a representative sample of GTAB batches from the listing of GTAB imports
obtained in paragraph (c)(1) of this section.
(2) For each selected GTAB batch, obtain the U.S. Customs Entry Summaries.
(3) Compare the dates and locations that the selected GTAB batches arrived in the United
States to the U.S. Customs Entry Summaries.
(4) Compare the volumes of the selected GTAB batches to the U.S. Customs Entry
Summaries.
(5) Report as a finding in the attestation report(s) any instance where the date, location, or
volume of the selected GTAB batches do not agree with the U.S. Customs Entry Summaries.
(d) Review of GTAB batch reports. Auditors must review reports submitted under subpart
J of this part for batches of GTAB as follows:
(1) Select a representative sample of reported GTAB batches from the batch reports
obtained under paragraph (c)(1) of this section.
(2) For each selected GTAB batch, obtain the volume inspection reports.
(3) Compare the volume for the selected GTAB batches to the volume inspection reports.
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(4) Report as a finding in the attestation report(s) any instance where the reported volume
for a selected GTAB batch does not agree with the volume inspection reports.
(e) GTAB tracing. Auditors must trace and review the movement of GTAB from
importation to use to produce gasoline as follows:
(1) Compare the volume total on the GTAB batch reports obtained under paragraph (c)(1)
of this section to the GTAB volume total in the manufacturer's inventory reconciliation analysis
under §§1090.1810(b) and 1090.1815(b), as applicable.
(2) For each selected GTAB batch under paragraph (d) of this section:
(i) Obtain tank activity records that describe the movement of the selected GTAB batch
from importation to use to produce gasoline.
(ii) Identify each selected GTAB batch in the tank activity records and trace each selected
GTAB batch to subsequent reported batches of gasoline.
(iii) Agree the location of the facility where gasoline was produced from GTAB to the
location that the GTAB arrived in the United States, or to the facility directly receiving the
GTAB from the import facility.
(iv) Determine the status of the tank(s) before receiving the GTAB batch (e.g., empty
tank, tank containing blendstock, tank containing GTAB, tank containing PCG).
(v) Take the following additional steps if the tank contained PCG before receiving the
GTAB batch:
(A) Obtain and review a copy of the documented tank mixing procedures.
(B) Determine the volume and properties of the tank bottom that was PCG before adding
GTAB.
(C) Confirm that the gasoline manufacturer determined the volume and properties of the
BOB or finished gasoline produced using GTAB by excluding the volume and properties of any
PCG, and that the gasoline manufacturer separately reported the PCG volume and properties to
EPA.
(D) Compare the volumes and properties for the BOB or finished gasoline produced
using GTAB to the volumes and properties the gasoline manufacturer reported to EPA.
(3) Report as a finding in the attestation report(s) any instance where the reviewed
information does not agree with the reported information.
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§1090.1825 Additional procedures for PCG used to produce gasoline.
In addition to any applicable procedures required under §§1090.1810 and 1090.1815,
auditors must perform the procedures in this section for gasoline manufacturers that produce
gasoline from PCG under §1090.1320.
(a) Listing of PCG batches. Auditors must review a listing of PCG batches as follows:
(1) Obtain the batch reports for PCG submitted under subpart J of this part.
(2) Foot the volumes per the PCG batch reports.
(3) Compare the volume total for the PCG batch reports to the receipt volume total in the
inventory reconciliation analysis specified in §1090.1810(b).
(4) Report as a finding in the attestation report(s) any instance where the volume total for
the PCG batch reports does not agree with the receipt volume total in the inventory reconciliation
analysis specified in §1090.1810(b).
(b) Detailed testing of PCG batches. Auditors must review a detailed listing of PCG
batches as follows:
(1) Select a representative sample from the PCG batch reports.
(2) For each selected PCG batch, obtain the volume documentation, laboratory analysis,
associated PTDs, and tank activity records.
(3) Identify each selected PCG batch in the tank activity records and trace each selected
PCG batch to subsequent reported batches of gasoline.
(4) Report as a finding in the attestation report(s) any instances where the reported PCG
batch volume was adjusted from the original receipt volume, such as for exported PCG.
(5) Compare the volume for the selected PCG batches to the volume documentation.
(6) Compare the product type and grade for the selected PCG batches to the associated
PTDs.
(7) Compare the properties for the selected PCG batches to the laboratory analysis.
(8) Compare the test methods used for the selected PCG batches to the laboratory
analysis.
(9) Report as a finding in the attestation report(s) any instances where the obtained
volume documentation, laboratory analysis, associated PTDs, and tank activity records does not
agree with the PCG batch information in reports submitted under subpart J of this part.
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§1090.1830 Alternative procedures for certified butane blenders.
Auditors must use the procedures of this section instead of or in addition to the
procedures in §§1090.1810 and 1090.1815, as applicable, for certified butane blenders that blend
certified butane into PCG under the provisions of §1090.1335.
(a) Registration and EPA reports. Auditors must perform the procedures in this
paragraph to review registration and EPA 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 under subpart J of this part.
(2) Obtain a detailed listing of all receipts of certified butane.
(3) For each certified butane blending facility, confirm that the facility's registration is
accurate based on 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.
(4) Confirm that the certified butane blender submitted all the reports required under
subpart J of this part for activities the certified butane blender performed during the compliance
period.
(5) Obtain a written statement from the certified blender's RCO that the submitted reports
are complete and accurate.
(6) Report in the attestation report(s) the name of any commercial computer program
used to track the data required by the regulations in this part, if any.
(7) Report as a finding in the attestation report(s) any instances where the certified butane
blender's registration information is inconsistent with registration requirements of subpart I of
this part and where the certified butane blender failed to submit a required report under subpart J
of this part.
(b) Inventory reconciliation analysis. Auditors must complete an inventory reconciliation
analysis review as follows:
(1) Obtain an inventory reconciliation analysis from the certified butane blender for each
blending facility related to all certified butane movements, including beginning 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.
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(4) Compare the total certified butane volume from the batch reports to the inventory
reconciliation analysis.
(5) Compare the total volume of certified blended butane from the batch reports to the
inventory reconciliation analysis.
(6) Report in the attestation report(s) the total volume of certified butane received and
blended.
(7) Report as a finding in the attestation report(s) when the reported volume(s) of
certified butane does not agree with the inventory reconciliation analysis.
(c) Listing of certified butane receipts. Auditors must review a listing of certified butane
receipts as follows:
(1) Obtain a detailed listing of all certified butane batches received at the blending
facility.
(2) Foot the listing of certified butane batches received.
(3) Compare the total volumes from batch reports for certified butane received at the
blending facility to the certified butane blender's listing of certified butane batches received.
(4) Report as a finding in the attestation report when the total volume from the batch
reports does not agree with the total volume in the listing of the certified butane batches
received.
(d) Detailed testing of certified butane batches. Auditors must perform a detailed testing
of certified butane batches as follows:
(1) Select a representative sample of certified butane receipts from the certified butane
batches reported to EPA.
(2) For each selected certified butane batch, obtain the volume documentation and
laboratory analysis.
(3) Compare the volume for the selected butane batches to the volume documentation.
(4) Compare the properties for the selected butane batches to the laboratory analysis.
(5) Compare the test methods used for the selected butane batches to the laboratory
analysis.
(6) Confirm that the butane meets the standards for blender-grade butane.
(e) Quality control review. Auditors must obtain the certified butane blender's sampling
and testing results for certified butane received and determine if the frequency of the sampling
and testing meets the requirements in §1090.1300(b).
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§1090.1835 Alternative procedures for certified pentane blenders.
(a) Auditors must use the procedures of this section to perform attestation engagements
for certified pentane blenders instead of or in addition to the general procedures in §1090.1810,
as applicable.
(b) Auditors must apply the procedures in §1090.1830 by substituting "certified pentane"
for "certified butane" in all cases.
§1090.1840 Additional procedures related to compliance with gasoline average standards.
Auditors must perform the procedures of this section for gasoline manufacturers that
comply with the standards in subpart C of this part using the procedures specified in subpart H of
this part.
(a) Annual compliance demonstration review. Auditors must review a gasoline
manufacturer's annual compliance demonstration as follows:
(1) Obtain the annual compliance reports for sulfur and benzene average standard
compliance and associated batch reports submitted under subpart J of this part.
(2)(i) For gasoline refiners and blending manufacturers, compare the gasoline production
volume from the annual compliance reports to the inventory reconciliation analysis under
§1090.1810.
(ii) For gasoline importers, compare the gasoline import volume from the annual
compliance reports to the corresponding volume from the listing of imports under §1090.1815.
(3) Report as a finding in the attestation report(s) when the production volume reported in
the annual compliance report does not agree with the volume from the inventory reconciliation
analysis.
(4) For each facility, recalculate the following and report in the attestation report(s) the
recalculated values:
(i) Annual average benzene concentration.
(ii) Compliance benzene value and compliance sulfur value.
(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.
(5) Report in the attestation report(s) whether the gasoline manufacturer had a deficit for
the compliance period being reviewed or the preceding compliance period.
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(6) Report as a finding in the attestation report(s) if the recalculated values disagree with
the reported values in the annual compliance reports.
(b) Credit transaction review. Auditors must review a gasoline manufacturer's credit
transactions as follows:
(1) Obtain the gasoline manufacturer's credit transaction reports submitted under subpart
J of this part and contracts or other information that documents all credit transfers.
(2) For each reported transaction, compare the supporting documentation with the credit
transaction reports for the following elements:
(i) Creation year.
(ii) Credit type.
(iii) Quantity.
(iv) The name of the other company participating in the credit transfer.
(v) Transaction type.
(3) Report as a finding in the attestation report(s) any instances where the credit
transaction reports disagree with the supporting documentation for the credit transaction.
(c) Facility-level credit reconciliation. Auditors must perform a facility-level credit
reconciliation separately for each facility for a gasoline manufacturer as follows:
(1) Using the recalculated values in paragraph (a)(4) of this section, compare the ending
balance of credits to the corresponding value from the annual compliance reports.
(2) Report as a finding in the attestation report(s) when the recalculated ending balance
disagrees with the reported ending balance and by how much the two disagree.
(d) Company-level credit reconciliation. Auditors must perform a company-level credit
reconciliation as follows:
(1) Obtain a credit reconciliation listing company-wide credits aggregated by facility for
the compliance period.
(2) Foot and cross-foot the credit quantities.
(3) Compare the beginning balance of credits, the ending balance of credits, and the
associated credit activity at company level in accordance with the credit reconciliation obtained
in paragraph (d)(1) of this section and reported credit information.
(4) Report the beginning and ending balance of credits at company level.
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§1090.1845 Procedures related to meeting performance-based measurement and statistical
quality control for test methods.
(a) General provisions. (1) Auditors must conduct the procedures of this section for
gasoline manufacturers that produced gasoline during the compliance period.
(2) In the case of quality control testing at a third-party laboratory, the auditors 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.
(b) Test performance index and precision ratio review. Auditors must review the test
performance index and precision ratio for each laboratory used to test gasoline for which reports
were submitted under subpart J of this part as follows:
(1) Obtain a listing of the laboratory instruments and test methods that were used to test
gasoline or regulated blendstocks for which reports were submitted under subpart J of this part.
(2) For each test method, determine the site precision, either from an inter-laboratory
crosscheck program or by other means, from ASTM D6299 (incorporated by reference) and the
appropriate Test Performance Index and Precision Ratio from ASTM D6792 (incorporated by
reference). Also report any follow-up/investigations based on ASTM D6782 Table 2 Guidelines
for Action Based on TPI.
(3) Report these values in the attestation report(s) and report as a finding in the attestation
report(s) if the value is outside of the acceptable levels in ASTM D6299 and ASTM D6792.
(c) Non-referee method review. For each test method used to measure a parameter for
gasoline as specified in a report submitted under subpart J of this part that is not one of the
referee methods listed in §1090.1352(d), the auditor must:
(1) Obtain supporting documentation showing that the laboratory has qualified the test
method by meeting the precision and accuracy criteria specified under §1090.1354.
(2) Report in the attestation report(s) a list of the alternative methods used.
(3) Report as a finding in the attestation report(s) any of these test methods that have not
been qualified by the facility.
(d) Reference installation review. For each reference installation used by the gasoline
manufacturer during the compliance period, the auditor must review the following:
(1) Obtain supporting documentation demonstrating that the reference installation
followed the qualification procedures specified in §1090.1356(b)(1) and (2) and the quality
control procedures specified in §1090.1356(b)(3).
(2) Separately for each reference installation, report as a finding in the attestation
report(s) any of the qualification procedures that were not followed by the facility, failure by the
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facility to monitor statistical quality control for the reference installation, and any periods during
the compliance period when the reference installation was out of statistical quality control.
(e) Instrument control review. For each test instrument used in a laboratory to test
gasoline parameters that were submitted under subpart J of this part, auditors must review
whether test instruments were in control as follows:
(1) Obtain statistical quality assurance data and control charts demonstrating ongoing
quality testing to meet the accuracy and precision requirements specified in §1090.1358.
(2) Report as a finding in the attestation report(s) any instruments for which the facility
failed to perform statistical qualtiy assurance monitoring as required by §1090.1358.
(3) Report as a finding in the attestation report(s) any periods when the instrument was
out of statistical quality control as well as whether the facility took action to bring the instrument
back into control or not.
§1090.1850 Procedures related to in-line blending waivers.
In addition to any other procedure required under this subpart, auditors must perform the
procedures specified in this section for gasoline refiners that rely on the in-line blending waiver
in §1090.1315.
(a) Obtain a copy of the gasoline refiner's in-line blending waiver submission and EPA's
approval letter.
(b) Confirm that the refiner uses the in-line blending waiver only for qualified operations
as specified in §1090.1315(a).
(c) Confirm that the sampling procedures and compliance calculations conform to
specifications as specified in §1090.1315(b)(2).
(d) Review the refiner'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.
(e) Confirm that the refiner corrected their operations because of previous audits, if
applicable.
(f) Report in the attestation report(s) whether the refiner has complied with all provisions
related to the refiner's in-line blending waiver.
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