Title 40—Protection of Environment--Volume 1
PART 1090—REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS
§ 1090.905   Annual, batch, and credit transaction reporting for gasoline manufacturers.
(a) Annual compliance demonstration for sulfur. For each compliance period, a gasoline manufacturer must submit a report for each of their facilities that includes all the following information:
(1) Company-level reporting. For the company, as applicable:
(i) The EPA-issued company and facility identifiers.
(ii) Provide information for sulfur credits, and separately by compliance period of creation, as follows:
(A) The number of sulfur credits owned at the beginning of the compliance period.
(B) The number of sulfur credits that expired at the end of the compliance period.
(C) The number of sulfur credits that will be carried over into the next compliance period.
(D) Any other information as EPA may require in order to administer reporting systems.
(2) Facility-level reporting. For each refinery or importer, as applicable:
(i) The EPA-issued company and facility identifiers.
(ii) The compliance sulfur value, per § 1090.700(a)(1), in ppm-gallons.
(iii) The total volume of gasoline produced or imported, in gallons.
(iv) Provide information for sulfur credits, and separately by compliance period of creation, as follows:
(A) The number of sulfur credits generated during the compliance period.
(B) The number of sulfur credits retired during the compliance period.
(C) The sulfur credit deficit that was carried over from the previous compliance period.
(D) The sulfur credit deficit that will be carried over into the next compliance period.
(E) The total sulfur deficit from downstream BOB recertification, per § 1090.740(b)(2).
(v) The unadjusted average sulfur concentration, per § 1090.745(b), in ppm.
(vi) The net average sulfur concentration, per § 1090.745(c), in ppm.
(vii) Any other information as EPA may require in order to administer reporting systems.
(b) Annual compliance demonstration for benzene. For each compliance period, a gasoline manufacturer must submit a report for each of their facilities that includes all the following information:
(1) Company-level reporting. For the company, as applicable:
(i) The EPA-issued company and facility identifiers and compliance level.
(ii) Provide information for benzene credits, and separately by compliance period of creation, as follows:
(A) The number of benzene credits owned at the beginning of the compliance period.
(B) The number of benzene credits that expired at the end of the compliance period.
(C) The number of benzene credits that will be carried over into the next compliance period.
(D) Any other information as EPA may require in order to administer reporting systems.
(2) Facility-level reporting. For each fuel manufacturing facility or importer, as applicable:
(i) The EPA-issued company and facility identifiers.
(ii) The compliance benzene value, per § 1090.700(b)(1)(i), in benzene gallons.
(iii) The total volume of gasoline produced or imported, in gallons.
(iv) The average benzene concentration, per § 1090.700(b)(3), in percent volume. For an importer, report the average benzene concentration for each aggregated import facility.
(v) The net average benzene concentration, per § 1090.745(d), in percent volume.
(vi) Provide information for benzene credits, and separately by compliance period of creation, as follows:
(A) The number of benzene credits generated during the compliance period.
(B) The number of benzene credits retired during the compliance period.
(C) The benzene credit deficit that was carried over from the previous compliance period
(D) The benzene credit deficit that will be carried over into the next compliance period.
(E) The total benzene deficit from downstream BOB recertification, per § 1090.740(b)(4).
(vii) Any other information as EPA may require in order to administer reporting systems.
(c) Batch reporting. A gasoline manufacturer must report the following information for each of their facilities on a per-batch basis for gasoline and gasoline regulated blendstocks:
(1) For all gasoline for which the gasoline manufacturer has not accounted for oxygenate added downstream under § 1090.710:
(i) The EPA-issued company and facility identifiers.
(ii) The batch number.
(iii) The date the batch was produced or imported.
(iv) The batch volume, in gallons.
(v) The designation of the gasoline as RFG, CG, RFG “Intended for Oxygenate Blending”, or CG “Intended for Oxygenate Blending”.
(vi) The tested sulfur content of the batch separately for per-gallon and average compliance, in ppm, and the test method used to measure the sulfur content.
(vii) The tested benzene content of the batch, as a volume percentage, and the test method used to measure the benzene content.
(viii) For all batches of summer gasoline:
(A) The applicable RVP standard, as specified in § 1090.215.
(B) The tested RVP of the batch, in psi, and the test method used to measure the RVP. If the gasoline is Summer RFG that is designated as “Intended for Oxygenate Blending” under § 1090.1010(a)(4), report the tested RVP for the hand blend.
(ix) If the gasoline contains oxygenate, the type and tested content of each oxygenate, as a volume percentage, and the test method used to measure the content of each oxygenate.
(2) For BOB for which the gasoline manufacturer has accounted for oxygenate added downstream under § 1090.710:
(i) The EPA-issued company and facility identifiers.
(ii) The batch identification.
(iii) The date the batch of BOB was produced or imported.
(iv) The batch volume, in gallons. This volume is the sum of the produced or imported BOB volume plus the anticipated volume from the addition of oxygenate downstream that the gasoline manufacturer specified 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 § 1090.1340.
(vi) The tested sulfur content for both the BOB and the hand blend of BOB and oxygenate prepared under § 1090.1340, and the test method used to measure the sulfur content.
(vii) The tested benzene content for the hand blend of BOB and oxygenate prepared under § 1090.1340, and the test method used to measure the benzene content.
(viii) For all batches of summer BOB:
(A) The applicable RVP standard, as specified in § 1090.215, for the neat CBOB, or hand blend of RBOB and oxygenate prepared under § 1090.1340.
(B) The tested RVP for the neat CBOB or hand blend of RBOB and oxygenate prepared under § 1090.1340, in psi, and the test method used to measure the RVP.
(ix) The type and content of each oxygenate, as a volume percentage, in the hand blend of BOB and oxygenate prepared under § 1090.1340, and, if measured, the test method used for each oxygenate.
(3) For blendstock added to PCG by a gasoline manufacturer complying by subtraction under § 1090.1320(a)(1):
(i) For the PCG prior to the addition of blendstock:
(A) The EPA-issued company and facility identifiers for the facility at which the PCG is blended to produce a new batch.
(B) The batch number assigned by the facility at which the PCG is blended to produce a new batch.
(C) The date the batch was received or, for PCG that was not received from another company, the date the PCG was designated to be used to produce a new batch of gasoline.
(D) The batch volume, including the volume of any oxygenate that would have been added to the PCG, as a negative number in gallons.
(E) The designation of the PCG.
(F) The tested sulfur content of the batch, in ppm, and the test method used to measure the sulfur content. If the PCG is a BOB, report the tested sulfur content of the hand blend prepared under § 1090.1340.
(G) The tested benzene content of the batch, as a volume percentage, and the test method used to measure the benzene content. If the PCG is a BOB, report the tested benzene content of the hand blend prepared under § 1090.1340.
(H) For all batches of summer gasoline or BOB:
( 1 ) The applicable RVP standard, as specified in § 1090.215.
( 2 ) The tested RVP of the batch, in psi, and the test method used to measure the RVP.
(I) If the PCG contains oxygenate, the type and tested content of each oxygenate, as a volume percentage, and the test method used to measure the content of each oxygenate.
(J) Identification of the batch as PCG.
(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(s) added to PCG by a gasoline manufacturer complying by addition under § 1090.1320(a)(2), report each blendstock as a separate batch and all the following:
(i) For the blendstock, the sulfur content and benzene content of the batch.
(ii) For batches produced by adding blendstock to PCG, the sulfur content, oxygenate type and amount (unless not required under § 1090.1310(e)), and for summer gasoline, RVP, of the batch.
(5) For certified butane blended by a certified butane blender or certified pentane blended by a certified pentane blender:
(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 volume of certified butane or certified pentane blended, in gallons.
(D) The designation of the batch (certified butane or certified pentane).
(E) The volume percentage of butane in butane batches, or pentane in pentane batches, provided by the certified butane or certified pentane supplier.
(F) The sulfur content of the batch, in ppm, provided by the certified butane or certified pentane supplier.
(G) The benzene content of the batch, in volume percent, provided by the certified butane or certified pentane supplier.
(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, in gallons.
(D) The designation of the blended product.
(E) For a new batch of gasoline ( e.g., a blended gasoline containing certified butane and PCG) that is summer gasoline or summer BOB, the tested RVP of the batch, in psi, and the test method used to measure the RVP.
(6) For gasoline produced by adding any blendstocks to TGP:
(i) For each batch of gasoline produced with TGP, the sulfur content and for summer gasoline, RVP, of the batch.
(ii) For blendstocks added to TGP, a transmix processor or blending manufacturer must treat the TGP like PCG and report 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) For GTAB:
(i) The EPA-issued company and facility identifiers.
(ii) The batch number.
(iii) The date the batch was imported.
(iv) The batch volume, in gallons.
(v) The designation of the product as GTAB.
(8) For each batch of gasoline produced by a transmix processor or blending manufacturer from only TGP or both TGP and PCG under § 1090.505:
(i) The EPA-issued company and facility identifiers.
(ii) The batch number.
(iii) The date the batch was produced.
(iv) The batch volume, in gallons.
(v) The designation of the gasoline.
(vi) The tested sulfur content of the batch, in ppm, and the test method used to measure the sulfur content.
(vii) For summer gasoline:
(A) The applicable RVP standard in § 1090.215.
(B) The tested RVP of the batch, in psi, and the test method used to measure the RVP.
(9) Any other information as EPA may require in order to administer reporting systems.
(d) Credit transactions. Any party that is required to demonstrate annual compliance under paragraph (a) or (b) of this section must submit information related to individual transactions involving sulfur and benzene credits, including all the following:
(1) The generation, purchase, sale, or retirement of such credits.
(2) If any credits were obtained from or transferred to other fuel manufacturers, and for each other party, their name and EPA-issued company identifier, the number of credits obtained from or transferred to the other party, and the year the credits were generated.
(3) Any other information as EPA may require in order to administer reporting systems.
§ 1090.910   Reporting for gasoline manufacturers that recertify BOB to gasoline.
A party that recertifies BOB under § 1090.740 must report the information of this section, as applicable.
(a) Batch reporting. (1) A party that recertifies a BOB under § 1090.740 with less oxygenate than specified by the BOB manufacturer must report the following for each batch:
(i) The EPA-issued company and facility identifiers for the recertifying party.
(ii) The batch number assigned by the recertifying party.
(iii) The date the batch was recertified.
(iv) The batch volume, as a negative number in gallons. The volume is the amount of oxygenate that the recertifying gasoline manufacturer did not blend with the BOB.
(v) The designation of the batch.
(vi) A sulfur content of 11 ppm.
(vii) A benzene content of 0.68 volume percent.
(viii) The type and content of each oxygenate, as a volume percentage.
(ix) The sulfur deficit for the batch calculated under § 1090.740(b)(1).
(x) The benzene deficit for the batch calculated under § 1090.740(b)(3).
(2) A party that recertifies a BOB under § 1090.740 with more oxygenate than specified by the BOB manufacturer does not need to report the batch.
(b) Annual sulfur and benzene compliance reporting. A party that recertifies a BOB under § 1090.740 must include any deficits incurred from recertification in reports under § 1090.905(a) and (b).
(c) Credit transactions. A party that recertifies a BOB under § 1090.740 must report any credit transactions under § 1090.905(d).
§ 1090.915   Batch reporting for oxygenate producers and importers.
An oxygenate producer, for each of their production facilities, or an importer for the oxygenate they import, must submit a report for each compliance period that includes all the following information:
(a) The EPA-issued company and facility identifiers.
(b) The total volume of oxygenate produced or imported.
(c) For each batch of oxygenate produced or imported during the compliance period, all the following:
(1) The batch number.
(2) The date the batch was produced or imported.
(3) One of the following product types:
(i) Denatured ethanol using certified ethanol denaturant complying with § 1090.275.
(ii) Denatured ethanol from non-certified ethanol denaturant.
(iii) A specified oxygenate other than ethanol ( e.g., isobutanol).
(4) The volume of the batch, in gallons.
(5) The tested sulfur content of the batch, in ppm, and the test method used to measure the sulfur content.
(d) Any other information as EPA may require in order to administer reporting systems.
§ 1090.920   Reports by certified pentane producers.
A certified pentane producer must submit a report for each facility at which certified pentane was produced or imported that contains all the following information:
(a) The EPA-issued company and facility identifiers.
(b) For each batch of certified pentane produced or imported during the compliance period, all the following:
(1) The batch number.
(2) The date the batch was produced or imported.
(3) The batch volume, in gallons.
(4) The tested pentane content of the batch, as a volume percentage, and the test method used to measure the pentane content.
(5) The tested sulfur content of the batch, in ppm, and the test method used to measure the sulfur content.
(6) The tested benzene of the batch, as a volume percentage, and the test method used to measure the benzene content.
(7) The tested RVP of the batch, in psi, and the test method used to measure the RVP.
(c) Any other information as EPA may require in order to administer reporting systems.
§ 1090.925   Reports by independent surveyors.
(a) General procedures. An independent surveyor must meet the following requirements:
(1) Electronically submit any plans, notifications, or reports required under this part using forms and procedures specified by EPA.
(2) For each report required under this section, affirm that the survey was conducted in accordance with an EPA-approved survey plan and that the survey results are accurate.
(3) Include EPA-issued company identifiers on each report required under this section.
(4) Submit quarterly reports required under paragraphs (b) and (d) of this section by the following deadlines:
Table 1 to Paragraph ( a )(4)—Quarterly Reporting Deadlines
(b) NFSP quarterly reporting. An independent surveyor conducting the NFSP under § 1090.1405 must submit the following information quarterly, as applicable:
(1) For each retail outlet sampled by the independent surveyor:
(i) The identification information for the retail outlet, as assigned by the surveyor in a consistent manner and as specified in the survey plan.
(ii) The displayed fuel manufacturer brand name at the retail outlet, if any.
(iii) The physical location ( i.e., address) of the retail outlet.
(2) For each gasoline sample collected by the independent surveyor:
(i) A description of the labeling of the fuel dispenser(s) ( e.g., “E0”, “E10”, “E15”, etc.) from which the independent surveyor collected the sample.
(ii) The date and time the independent surveyor collected the sample.
(iii) The test results for the sample, and the test methods used, as determined by the independent surveyor, including the following parameters:
(A) The oxygen content, in weight percent.
(B) The type and amount of each oxygenate, by weight and volume percent.
(C) The sulfur content, in ppm.
(D) The benzene content, in volume percent.
(E) The specific gravity.
(F) The RVP in psi, if tested.
(G) The aromatic content in volume percent, if tested.
(H) The olefin content in volume percent, if tested.
(I) The distillation parameters, if tested.
(3) For each diesel sample collected at a retail outlet by the independent surveyor:
(i) A description of the labeling of the fuel dispenser(s) ( e.g., “ULSD”) from which the independent surveyor collected the sample.
(ii) The date and time the independent surveyor collected the sample.
(iii) The tested sulfur content of the sample, and the test method used, as determined by the independent surveyor, in ppm.
(4) Any other information as EPA may require in order to administer reporting systems.
(c) NFSP annual reporting. An independent surveyor conducting the NFSP under § 1090.1405 must submit the following information annually by March 31.
(1) An identification of the parties that participated in the survey during the compliance period.
(2) An identification of each geographic area included in a survey.
(3) Summary statistics for each identified geographic area, including the following:
(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 in order to administer reporting systems.
(d) NSTOP quarterly reporting. An independent surveyor conducting the NSTOP under § 1090.1450 must submit the following information quarterly, as applicable:
(1) For each gasoline manufacturing facility sampled by the independent surveyor:
(i) The EPA-issued company and facility identifiers for the gasoline manufacturer and the gasoline manufacturing facility.
(ii) [Reserved]
(2) For each gasoline sample collected by the independent surveyor:
(i) The designation of the gasoline.
(ii) The date and time the independent surveyor collected the sample.
(iii) The batch number or the sample identification number as assigned by the independent surveyor in a consistent manner and as specified in the survey plan.
(iv) A description of any instance in which the gasoline manufacturer did not follow the applicable sampling procedures.
(v) The test results for the sample, and the test methods used, as determined by the independent surveyor, including the following parameters:
(A) The sulfur content, in ppm.
(B) The benzene content, in volume percent.
(C) The RVP in psi, if tested.
(vi) The test results for the sample, and the test methods used, as determined by the gasoline manufacturer, including the following parameters:
(A) The sulfur content, in ppm.
(B) The benzene content, in volume percent.
(C) The RVP in psi, if tested.
(vii) If available, the test results for the sample, and the test methods used, as determined by EPA's National Vehicle and Fuel Emissions Laboratory, including the following parameters:
(A) The sulfur content, in ppm.
(B) The benzene content, in volume percent.
(C) The RVP in psi, if tested.
(viii) The determined site precision under § 1090.1450(c)(10)(i) and the test performance index under § 1090.1450(c)(10)(ii) for each method and instrument that the gasoline manufacturer used to test the sample.
(ix) The reproducibility of each method that the gasoline manufacturer used to test the sample.
(x) Any applicable correlation equations used to compare the gasoline manufacturer's test results to the independent surveyor's test results.
(3) Any other information as EPA may require in order to administer reporting systems.
§ 1090.930   Reports by auditors.
(a) Attest engagement reports required under subpart S of this part must be submitted by an independent auditor registered with EPA and associated with a company, or companies, through registration under subpart I of this part. Each attest engagement must clearly identify the company and compliance level ( e.g., facility), time period, and scope covered by the report. Attest engagement reports covered by this section include those required under this part, and under 40 CFR part 80, subpart M, beginning with the report due June 1, 2022.
(b) An attest engagement report must be submitted to EPA covering each compliance period by June 1 of the following calendar year. The auditor must make the attest engagement available to the company for which it was performed.
(c) The attest engagement must comply with subpart S of this part and the attest engagement report must clearly identify the methodologies followed and any findings, exceptions, and variances.
(d) A single attest engagement submission by the auditor may include procedures performed under this part and under 40 CFR part 80, subpart M. If a single submission method is used, the auditor must clearly and separately describe the procedures and findings for each program.
(e) The auditor must submit written acknowledgement from the RCO that the gasoline manufacturer has reviewed the attest engagement report.
§ 1090.935   Reports by diesel fuel manufacturers.
(a) Batch reporting. (1) For each compliance period, a ULSD manufacturer must submit the following information:
(i) The EPA-issued company and facility identifiers for the ULSD manufacturer.
(ii) The highest sulfur content observed for a batch of ULSD produced during the compliance period on a company level, in ppm.
(iii) The average sulfur concentration of all batches produced during the compliance period on a company level, in ppm.
(iv) A list of all batches of ULSD that exceeded the sulfur standard in § 1090.305(b) by facility. For each such batch, report the following:
(A) The batch number.
(B) The date the batch was produced.
(C) The volume of the batch, in gallons.
(D) The sulfur content of the batch, in ppm.
(E) The corrective action taken, if any.
(b) [Reserved]
§ 1090.1000   Batch certification requirements.
(a) General provisions. (1) A fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer must certify batches of fuel, fuel additive, or regulated blendstock as specified in this section.
(2) A fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer does not need to certify fuel, fuel additive, or regulated blendstock that is exempt under subpart G of this part.
(3)(i) For purposes of this part, the volume of a batch is one of the following:
(A) The sum of all shipments or transfers of fuel, fuel additive, or regulated blendstock out of the tank or vessel in which the fuel, fuel additive, or regulated blendstock was certified.
(B) The entire volume of a tank or vessel may be certified as a single batch. In such cases, any heel left in the tank or vessel after shipments of the batch becomes PCG.
(ii) If a volume of fuel, fuel additive, or regulated blendstock is placed in a tank, certified (if not previously certified), and is not altered in any manner, then it is considered to be the same batch even if several shipments or transfers are made out of that tank.
(iii) Batch volumes must be temperature-corrected in accordance with § 1090.1350(d).
(4) For fuel produced at a facility that has an in-line blending waiver under § 1090.1315, the volume of the batch is the volume of product that is homogeneous under the requirements in § 1090.1337 and is produced during a period not to exceed 10 days.
(5) A fuel manufacturer must certify each batch of fuel at the facility where the fuel is produced or at a facility that is under the complete control of the fuel manufacturer before they transfer custody or title of the fuel to any other person.
(6) No person may sell, offer for sale, distribute, offer to distribute, supply, offer for supply, dispense, store, transport, or introduce into commerce gasoline, diesel fuel, or ECA marine fuel that is not certified under this section.
(b) Gasoline. (1) A gasoline manufacturer must certify gasoline as specified in paragraph (b)(2) of this section prior to introduction into commerce.
(2) To certify batches of gasoline, a gasoline manufacturer must comply with all the following:
(i) Register with EPA as a refiner, blending manufacturer, importer, transmix processor, certified butane blender, or certified pentane blender under subpart I of this part, as applicable, prior to producing 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 N of this part. A transmix processor must also meet all applicable requirements in subpart F 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 § 1090.1020.
(iv) Designate batches of gasoline as specified in § 1090.1010.
(3) PCG may be mixed with other PCG without re-certification if the resultant mixture complies with the applicable standards in subpart C of this part and is accurately and clearly designated under § 1090.1010. Resultant mixtures of PCG are not new batches and should not be assigned new batch numbers.
(4) Any person that mixes summer gasoline with summer or winter gasoline that has a different designation must comply with one of the following:
(i) Designate the resultant mixture as meeting the least stringent RVP designation of any batch that is mixed. For example, a distributor that mixes Summer RFG with 7.8 psi Summer CG must designate the mixture as 7.8 psi Summer CG.
(ii) Determine the RVP of the mixture using the procedures specified in subpart N of this part and designate the new batch under § 1090.1010 to reflect the RVP of the resultant mixture.
(5) Any person that mixes summer gasoline with winter gasoline to transition any storage tank from winter to summer gasoline is exempt from the requirement in paragraph (b)(4)(ii) of this section but must ensure that the gasoline meets the applicable RVP standard in § 1090.215.
(c) Diesel fuel and ECA marine fuel. (1) A diesel fuel or ECA marine fuel manufacturer must certify diesel fuel or ECA marine fuel as specified in paragraph (c)(2) of this section prior to introducing the fuel into commerce.
(2) To certify batches of diesel fuel or ECA marine fuel, a diesel fuel or ECA marine fuel manufacturer must comply with all the following:
(i) Register with EPA as a refiner, blending manufacturer, importer, or transmix processor under subpart I of this part, as applicable, prior to producing diesel fuel or ECA marine fuel.
(ii) Ensure that each batch of diesel fuel or ECA marine fuel meets the applicable requirements of subpart D of this part using the applicable procedures specified in subpart N of this part. A transmix processor must also meet all applicable requirements specified in subpart F of this part to ensure that each batch of diesel fuel or ECA marine fuel meets the applicable requirements in subpart D of this part.
(iii) Assign batch numbers as specified in § 1090.1020.
(iv) Designate batches of diesel fuel as specified in § 1090.1015.
(d) Oxygenates. (1) An oxygenate producer must certify oxygenates intended to be blended into gasoline as specified in paragraph (d)(2) of this section.
(2) To certify batches of oxygenates, an oxygenate producer must comply with all the following:
(i) Register with EPA as an oxygenate producer under subpart I 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 § 1090.270 by using the applicable procedures specified in subpart N of this part.
(iii) Assign batch numbers as specified in § 1090.1020.
(iv) Designate batches of oxygenate as intended for blending with gasoline as specified in § 1090.1010(c).
(e) Certified butane. (1) A certified butane producer must certify butane intended to be blended by a blending manufacturer under § 1090.1320 as specified in paragraph (e)(2) of this section.
(2) To certify batches of certified butane, a certified butane producer must comply with all the following:
(i) Ensure that each batch of certified butane meets the requirements in § 1090.250 by using the applicable procedures specified in subpart N of this part.
(A) Testing must occur after the most recent delivery into the certified butane producer's storage tank.
(B) The certified butane producer must provide documentation of the test results for each batch of certified butane to the certified butane blender.
(ii) Designate batches of certified butane as intended for blending with gasoline as specified in § 1090.1010(d).
(f) Certified pentane. (1) A certified pentane producer must certify pentane intended to be blended by a blending manufacturer under § 1090.1320 as specified in paragraph (f)(2) of this section.
(2) To certify batches of certified pentane, a certified pentane producer must comply with all the following:
(i) Register with EPA as a certified pentane producer under subpart I of this part prior to producing certified pentane.
(ii) Ensure that each batch of certified pentane meets the requirements in § 1090.255 by using the applicable procedures specified in subpart N of this part.
(A) Testing must occur after the most recent delivery into the certified pentane producer's storage tank, before transferring the certified pentane batch for delivery.
(B) The certified pentane producer must provide documentation of the test results for each batch of certified pentane to the certified pentane blender.
(iii) Assign batch numbers as specified in § 1090.1020.
(iv) Designate batches of certified pentane as intended for blending with gasoline as specified in § 1090.1010(d).
(g) Certified ethanol denaturant. (1) A certified ethanol denaturant producer must certify certified ethanol denaturant intended to be used to make DFE that meets the requirements in § 1090.275 as specified in paragraph (g)(2) of this section.
(2) To certify batches of certified ethanol denaturant, a certified ethanol denaturant producer must comply with all the following:
(i) Register with EPA as a certified ethanol denaturant producer under subpart I of this part prior to producing certified ethanol denaturant.
(ii) Ensure that each batch of certified ethanol denaturant meets the requirements in § 1090.275 by using the applicable procedures specified in subpart N of this part.
(iii) Assign batch numbers as specified in § 1090.1020.
(iv) Designate batches of certified ethanol denaturant as intended for blending with gasoline as specified in § 1090.1010(e).
§ 1090.1005   Designation of batches of fuels, fuel additives, and regulated blendstocks.
(a) A fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer must designate batches of fuel, fuel additive, or regulated blendstock as specified in this subpart.
(b) A fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer must designate the fuel, fuel additive, or regulated blendstock prior to the fuel, fuel additive, or regulated blendstock leaving the facility where it was produced and must include the designations on PTDs as specified in this subpart.
(c) By designating a batch of fuel, fuel additive, or regulated blendstock under this subpart, the designating party is acknowledging that the batch is subject to all applicable standards under this part.
(d) A person must comply with all provisions of this part even if they fail to designate or improperly designate a batch of fuel, fuel additive, or regulated blendstock.
(e) No person may use the designation provisions of this subpart to circumvent any standard or requirement in this part.
§ 1090.1010   Designation requirements for gasoline and regulated blendstocks.
(a) Designation requirements for gasoline manufacturers. A gasoline manufacturer must accurately and clearly designate each batch of gasoline as follows:
(1) A gasoline manufacturer must designate each batch of gasoline as one of the following fuel types:
(i) Winter RFG.
(ii) Summer RFG.
(iii) Winter RBOB.
(iv) Summer RBOB.
(v) Winter CG.
(vi) Summer CG.
(vii) Winter CBOB.
(viii) Summer CBOB.
(ix) Exempt gasoline under subpart G of this part (including additional identifying information).
(x) California gasoline.
(2) A gasoline manufacturer must further designate gasoline designated as Summer CG or Summer CBOB as follows:
(i) 7.8 psi Summer CG or Summer CBOB, respectively.
(ii) 9.0 psi Summer CG or Summer CBOB, respectively.
(iii) If the CBOB is excluded from the special regulatory treatment for ethanol under § 1090.215(b)(3)(ii), Low-RVP Summer CBOB.
(iv) SIP-controlled Summer CG or Summer CBOB, respectively.
(3) A CBOB or RBOB manufacturer must further designate the CBOB or RBOB with the type(s) and amount(s) of oxygenate specified to be blended with the CBOB or RBOB as specified in § 1090.710(a)(5).
(4) In addition to any other applicable designation in this paragraph (a), gasoline designed for downstream oxygenate blending for which the gasoline manufacturer has not accounted for oxygenate added downstream under § 1090.710 must be designated as “Intended for Oxygenate Blending”, along with a designation indicating the type(s) and amount(s) of oxygenate to be blended with the gasoline.
(b) Designation requirements for gasoline distributors and certain gasoline blending manufacturers. A gasoline distributor, certified butane blender, certified pentane blender, or party that recertifies BOB under § 1090.740 must accurately and clearly designate each batch or portion of a batch of gasoline for which they transfer custody to another facility as follows:
(1) A distributor must accurately and clearly classify each batch or portion of a batch of gasoline as specified by the gasoline manufacturer in paragraph (a) of this section.
(2) Except as specified in paragraph (b)(2)(vii) of this section, a distributor, certified butane blender, certified pentane blender, or party that recertifies BOB under § 1090.740 may redesignate a batch or portion of a batch of gasoline without recertifying the batch or portion of a batch as follows:
(i) Winter RFG or Winter RBOB may be redesignated as either Winter CG or Winter CBOB.
(ii) Winter CG or Winter CBOB may be redesignated as either Winter RFG or Winter RBOB.
(iii) Summer RFG, Summer RBOB, Summer CG, or Summer CBOB may be redesignated without recertification 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.
(iv) Summer RFG, Summer RBOB, Summer CG, or Summer CBOB may be redesignated without recertification as either Winter RFG, Winter RBOB, Winter CG, or Winter CBOB.
(v) Summer CG, Summer CBOB, or any winter gasoline may be redesignated to either Summer RFG or Summer RBOB, provided the RVP is determined using the applicable procedures specified in subpart N of this part and the new batch meets the RFG RVP standard specified in § 1090.215(a)(3).
(vi)(A) California gasoline may be redesignated as RFG or CG, with appropriate season designation and RVP designation under paragraph (a) of this section, if the requirements specified in § 1090.625(d) are met.
(B) California gasoline that is not redesignated under paragraph (b)(2)(vi)(A) of this section may instead be recertified as gasoline under § 1090.1000(b).
(vii) CG or RFG must not be redesignated as BOB.
(3) A distributor, certified butane blender, certified pentane blender, or party that recertifies BOB under § 1090.740 that redesignates a batch or portion of a batch 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. An oxygenate producer 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. A certified butane or certified pentane producer must accurately and clearly designate each batch of certified butane or certified pentane as one of the following types:
(1) Certified butane.
(2) Certified pentane.
(e) Designation requirements for certified ethanol denaturant. A certified ethanol denaturant producer must accurately and clearly designate batches of certified ethanol denaturant as “certified ethanol denaturant”.
(f) Designation requirements for TGP. A transmix processor must accurately and clearly designate any TGP that they transfer to any other person as “TGP”.
§ 1090.1015   Designation requirements for diesel and distillate fuels.
(a) Designation requirements for diesel and distillate fuel manufacturers. (1) Except as specified in paragraph (a)(3) of this section, a diesel fuel or distillate fuel manufacturer must accurately and clearly designate each batch of diesel fuel or distillate fuel as at least one of the following fuel types:
(i) ULSD. A diesel fuel manufacturer may also designate ULSD as 15 ppm MVNRLM diesel fuel.
(ii) 500 ppm LM diesel fuel.
(iii) Heating oil.
(iv) Jet fuel.
(v) Kerosene.
(vi) ECA marine fuel.
(vii) Distillate global marine fuel.
(viii) Certified NTDF.
(ix) Exempt diesel fuel or distillate fuel under subpart G of this part (including additional identifying information).
(2) Only a fuel manufacturer that complies with the requirements in § 1090.515 may designate fuel as 500 ppm LM diesel fuel.
(3) Any batch of diesel fuel or distillate fuel that is certified and designated as ULSD may also be designated as heating oil, kerosene, ECA marine fuel, jet fuel, or distillate global marine fuel if it is also suitable for such use.
(b) Designation requirements for distributors of diesel and distillate fuels. A distributor of diesel and distillate fuels must accurately and clearly designate each batch of diesel fuel or distillate fuel for which they transfer custody as follows:
(1) A distributor must accurately and clearly designate such diesel fuel or distillate fuel by sulfur content while it is in their custody ( e.g., as 15 ppm or 500 ppm).
(2) A distributor must accurately and clearly designate such diesel fuel or distillate fuel as specified by the diesel fuel or distillate fuel manufacturer under paragraph (a) of this section.
(3) A distributor may redesignate batches or portions of batches of diesel fuel or distillate fuel for which they transfer custody to another facility without recertifying the batch or portion of the batch as follows:
(i) ULSD that is also suitable for use as kerosene or jet fuel (commonly referred to as dual use kerosene) may be designated as ULSD, kerosene, or jet fuel (as applicable).
(ii) ULSD may be redesignated as 500 ppm LM diesel fuel, heating oil, kerosene, ECA marine fuel, jet fuel, or distillate global marine fuel without recertification if all applicable requirements under this part are met for the new fuel designation.
(iii) California diesel may be redesignated as ULSD if the requirements specified in § 1090.625(e) are met.
(iv) Heating oil, kerosene, ECA marine fuel, or jet fuel may be redesignated as ULSD if the fuel meets the ULSD standards in § 1090.305 and was designated as ULSD under paragraph (a) of this section.
(v) 500 ppm LM diesel fuel may be redesignated as ECA marine fuel, distillate global marine fuel, or heating oil. Any person that redesignates 500 ppm LM diesel fuel to ECA marine fuel or distillate global marine fuel must maintain records from the producer of the 500 ppm LM diesel fuel ( i.e., PTDs accompanying the fuel under § 1090.1115) to demonstrate compliance with the 500 ppm sulfur standard in § 1090.320(b).
(vi) Fuel designated as certified NTDF may be redesignated as ULSD without recertification if the applicable requirements of 40 CFR 80.1408 are met.
(c) ULSD designation limitation. No person may designate distillate fuel with a sulfur content greater than the sulfur standard in § 1090.305(b) as ULSD.
§ 1090.1020   Batch numbering.
(a) A fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer must assign a number (the “batch number”) to each batch of gasoline, diesel fuel, oxygenate, certified pentane, or certified ethanol denaturant either produced or imported. The batch number must, if available, consist of the EPA-assigned company registration number of the party that either produced or imported the fuel, fuel additive, or regulated blendstock, the EPA-assigned facility registration number where the fuel, fuel additive, or regulated blendstock was produced or imported, the last two digits of the year that the batch was either produced or imported, and a unique number for the batch, beginning with the number one (1) for the first batch produced or imported each calendar year and each subsequent batch during the calendar year being assigned the next sequential number ( e.g., 4321-54321-20-000001, 4321-54321-20-000002, etc.). EPA assigns company and facility registration numbers as specified in subpart I of this part.
(b) Certified butane or certified pentane blended with PCG during a period of up to one month may be included in a single batch for purposes of reporting to EPA.
(c) A gasoline manufacturer that recertifies BOBs under § 1090.740 may include up to a single month's volume as a single batch for purposes of reporting to EPA.
§ 1090.1100   General requirements.
(a) General provisions. (1) On each occasion when any person transfers custody or title to any product covered under this part, other than when fuel is sold or dispensed to the ultimate end user at a retail outlet or WPC facility, the transferor must provide the transferee PTDs that include the following information:
(i) The name and address of the transferor.
(ii) The name and address of the transferee.
(iii) The volume of the product being transferred.
(iv) The location of the product at the time of the transfer.
(v) The date of the transfer.
(2) The specific designations required for gasoline-related products specified in § 1090.1010 or distillate-related products specified in § 1090.1015.
(b) Use of codes. Except for transfers to a truck carrier, retailer, or WPC, product codes may be used to convey the information required under this subpart, if such codes are clearly understood by each transferee.
(c) Part 80 PTD requirements. For fuel, fuel additive, or regulated blendstock subject to 40 CFR part 80, subpart M, a party must also include the applicable PTD information required under 40 CFR 80.1453.
§ 1090.1105   PTD requirements for exempt fuels.
(a) In addition to the information required under § 1090.1100, on each occasion when any person transfers custody or title to any exempt fuel under subpart G of this part, other than when fuel is sold or dispensed to the ultimate end user at a retail outlet or WPC facility, the transferor must provide the transferee PTDs that include the following statements, as applicable:
(1) National security exemption language. For fuels with a national security exemption specified in § 1090.605: “This fuel is for use in vehicles, engines, or equipment under an EPA-approved national security exemption only.”
(2) R&D exemption language. For fuels used for an R&D purpose specified in § 1090.610: “For use in research, development, and test programs only.”
(3) Racing fuel language. For fuels used for racing purposes specified in § 1090.615: “This fuel is for racing purposes only.”
(4) Aviation fuel language. For fuels used in aircraft specified in § 1090.615: “This fuel is for aviation use only.”
(5) Territory fuel exemption language. For fuels for use in American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands specified in § 1090.620: “This fuel is for use only in Guam, American Samoa, or the Northern Mariana Islands.”
(6) California gasoline language. For California gasoline specified in § 1090.625: “California gasoline”.
(7) California diesel language. For California diesel specified in § 1090.625: “California diesel”.
(8) Alaska, Hawaii, Puerto Rico, and U.S. Virgin Islands summer gasoline language. For summer gasoline for use in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands specified in § 1090.630: “This summer gasoline is for use only in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands.”
(9) Exported fuel language. For exported fuels specified in § 1090.645: “This fuel is for export from the United States only.”
(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”.
§ 1090.1110   PTD requirements for gasoline, gasoline additives, and gasoline regulated blendstocks.
(a) General requirements. On each occasion when any person transfers custody or title of any gasoline, gasoline additive, or gasoline regulated blendstock, other than when fuel is sold or dispensed to the ultimate end user at a retail outlet or WPC facility, the transferor must provide the transferee PTDs that include the following information:
(1) All applicable information required under § 1090.1100 and this section.
(2) An accurate and clear statement of the applicable designation of the gasoline, gasoline additive, or gasoline regulated blendstock under § 1090.1010.
(b) BOB language requirements. For batches of BOB, in addition to the information required under paragraph (a) of this section, the following information must be included on the PTD:
(1) Oxygenate type(s) and amount(s). Statements specifying each oxygenate type and amount (or range of amounts) for which the BOB was certified under § 1090.710(a)(5).
(2) Summer BOB language requirements. (i) Except as specified in paragraph (b)(2)(ii) of this section, for batches of summer BOB, identification of the product with one of the following statements indicating the applicable RVP standard in § 1090.215:
(A) “9.0 psi CBOB. This product does not meet the requirements for summer reformulated gasoline.”
(B) “7.8 psi CBOB. This product does not meet the requirements for summer reformulated gasoline.”
(C) “Low-RVP CBOB. This product does not meet the requirements for summer reformulated gasoline.”
(D) “RBOB. This product meets the requirements for summer reformulated or conventional gasoline.”
(ii) For BOBs designed to produce a finished gasoline that must meet an RVP standard required by any SIP approved or promulgated under 42 U.S.C. 7410 or 7502, additional or substitute language to satisfy the state program may be used as necessary but must include at a minimum the applicable RVP standard established under the SIP.
(c) RFG and CG requirements. For batches of RFG and CG, in addition to the information required under paragraph (a) of this section, the following information must be included on the PTD:
(1) Summer gasoline language requirements. (i) Except as specified in paragraph (c)(1)(ii) of this section, for summer gasoline, identification of the product with one of the following statements indicating the applicable RVP standard:
(A) For gasoline that meets the 9.0 psi RVP standard in § 1090.215(a)(1): “9.0 psi Gasoline.”
(B) For gasoline that meets the 7.8 psi RVP standard in § 1090.215(a)(2): “7.8 psi Gasoline.”
(C) For gasoline that meets the RFG 7.4 psi RVP standard in § 1090.215(a)(3): “Reformulated Gasoline.”
(ii) For finished gasoline that meets an RVP standard required by any SIP approved or promulgated under 42 U.S.C. 7410 or 7502, additional or substitute language to satisfy the state program may be used as necessary.
(2) Ethanol content language requirements. (i) For gasoline-ethanol blends, one of the following statements that accurately describes the gasoline:
(A) For gasoline containing no ethanol (“E0”), the following statement: “E0: Contains no ethanol.”
(B) For finished gasoline containing less than 9 volume percent ethanol, the following statement: “EX—Contains up to X% ethanol.” The term X refers to the maximum volume percent ethanol present in the gasoline-ethanol blend.
(C) For E10, the following statement: “E10: Contains between 9 and 10 vol % ethanol.”
(D) For E15, the following statement: “E15: Contains between 10 and 15 vol % ethanol.”
(E) For gasoline-ethanol blends containing more than 15 volume percent ethanol, the following statement: “EXX: Contains up to XX vol % ethanol.” The term XX refers to the maximum volume percent ethanol present in the gasoline-ethanol blend.
(ii) 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.
(iii) No person may designate a fuel as E15 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.
(d) 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.”
(e) Gasoline detergent language requirements. In addition to any other PTD requirements of this subpart, on each occasion when any person transfers custody or title to any gasoline detergent, the transferor must provide to the transferee PTDs that include the following information:
(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 § 1090.260.
(f) Gasoline additives language requirements. In addition to any other PTD requirements of this subpart, on each occasion when any person transfers custody or title to any gasoline additive that meets the requirements in § 1090.265(a), the transferor must provide to the transferee PTDs that include the following information:
(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]
(g) 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 certified ethanol denaturant that meets the requirements in § 1090.275, the transferor must provide to the transferee PTDs that include 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. If the certified ethanol denaturant manufacturer represents a batch of denaturant as having a maximum sulfur content lower than 330 ppm, the PTD must instead state that lower sulfur maximum ( e.g., has a sulfur content of 120 ppm or less).
(h) Butane and pentane language requirements. (1) In addition to any other PTD requirements of this subpart, on each occasion when any person transfers custody or title to any certified butane or certified pentane, the transferor must provide to the transferee PTDs that include the following information:
(i) The certified butane or certified pentane producer company name and, for the certified pentane producer, the facility registration number issued by EPA.
(ii) One of the following statements, as applicable:
(A) “Certified pentane for use by certified pentane blenders.”
(B) “Certified butane for use by certified butane blenders.”
(2) PTDs must be transferred from each party transferring certified butane or certified pentane for use by a certified butane or certified pentane blender to each party that receives the certified butane or certified pentane through to the certified butane or certified pentane blender, respectively.
(i) TGP language requirements. In addition to any other PTD requirements of this subpart, on each occasion when any person transfers custody or title to any TGP, the transferor must provide to the transferee PTDs that include the following information:
(1) The following statement: “Transmix Gasoline Product—not for use as gasoline.”
(2) [Reserved]
§ 1090.1115   PTD requirements for distillate and residual fuels.
(a) General requirements. On each occasion when any person transfers custody or title of any distillate or residual fuel, other than when fuel is sold or dispensed to the ultimate end user at a retail outlet or WPC facility, the transferor must provide the transferee PTDs that include the following information:
(1) The sulfur per-gallon standard that the transferor represents the fuel to meet under subpart D of this part ( e.g., 15 ppm sulfur for ULSD or 1,000 ppm sulfur for ECA marine fuel).
(2) An accurate and clear statement of the applicable designation(s) of the fuel under § 1090.1015 ( e.g., “ULSD”, “500 ppm LM diesel fuel”, or “ECA marine fuel”).
(3) If the fuel does not meet the sulfur standard in § 1090.305(b) for ULSD, the following statement: “Not for use in highway vehicles or engines or nonroad, locomotive, or marine engines.”
(b) 500 ppm LM diesel fuel language requirements. For batches of 500 ppm LM diesel fuel, in addition to the information required under paragraph (a) of this section, PTDs must include the following information:
(1) The following statement: “500 ppm sulfur (maximum) LM diesel fuel. For use only in accordance with a compliance plan under 40 CFR 1090.515(g). Not for use in highway vehicles or other nonroad vehicles and engines.”
(2) [Reserved]
(c) ECA marine fuel language requirements. For batches of ECA marine fuel, in addition to the information required under paragraph (a) of this section, PTDs must include the following information:
(1) The following statement: “1,000 ppm sulfur (maximum) ECA marine fuel. For use in Category 3 marine vessels only. Not for use in Category 1 or Category 2 marine vessels.”
(2) A party may replace the required statement in paragraph (c)(1) of this section with the following statement for qualifying vessels under 40 CFR part 1043: “High sulfur fuel. For use only in ships as allowed by MARPOL Annex VI, Regulation 3 or Regulation 4.”
(3) Under 40 CFR 1043.80, a fuel supplier ( i.e., the person who transfers custody or title of marine fuel onto a vessel) must provide bunker delivery notes to vessel operators.
(d) Distillate global marine fuel language requirements. For batches of distillate global marine fuel, in addition to the information required under paragraph (a) of this section, PTDs must include the following information:
(1) The following statement: “5,000 ppm sulfur (maximum) Distillate Global Marine Fuel. For use only in steamships or Category 3 marine vessels outside of an Emission Control Area (ECA), consistent with MARPOL Annex VI.”
(2) [Reserved]
§ 1090.1120   PTD requirements for diesel fuel additives.
In addition to any other PTD requirements in this subpart, on each occasion when any person transfers custody or title to a diesel fuel additive that is subject to the provisions of § 1090.310 to a party in the additive distribution system or in the diesel fuel distribution system for use downstream of the diesel fuel manufacturing facility, the transferor must provide to the transferee PTDs that include the following information:
(a) For diesel fuel additives that comply with the sulfur standard in § 1090.310(a), the following statement: “The sulfur content of this diesel fuel additive does not exceed 15 ppm.”
(b) For diesel fuel additives that meet the requirements in § 1090.310(b), the transferor must provide to the transferee PTDs that identify the additive as such, and comply with all the following:
(1) Indicate the high sulfur potential of the diesel fuel additive by including the following statement: “This diesel fuel additive may exceed the federal 15 ppm sulfur standard. Improper use of this additive may result in non-compliant diesel fuel.”
(2) If the diesel fuel additive package contains a static dissipater additive or red dye having a sulfur content greater than 15 ppm, one of the following statements must be included that accurately describes the contents of the additive package:
(i) “This diesel fuel additive contains a static dissipater additive having a sulfur content greater than 15 ppm.”
(ii) “This diesel fuel additive contains red dye having a sulfur content greater than 15 ppm.”
(iii) “This diesel fuel additive contains a static dissipater additive and red dye having a sulfur content greater than 15 ppm.”
(3) Include the following information:
(i) The diesel fuel additive package's maximum sulfur concentration.
(ii) The maximum recommended concentration for use of the diesel fuel additive package in diesel fuel, in volume percent.
(iii) The contribution to the sulfur content of the fuel (in ppm) that would result if the diesel fuel additive package is used at the maximum recommended concentration.
(c) For diesel fuel additives that are sold in containers for use by the ultimate consumer of diesel fuel, each transferor must display on the additive container, in a legible and conspicuous manner, one of the following statements, as applicable:
(1) For diesel fuel additives that comply with the sulfur standard in § 1090.310(a): “This diesel fuel additive complies with the federal low sulfur content requirements for use in diesel motor vehicles and nonroad engines.”
(2) For diesel fuel additives that do not comply with the sulfur standard in § 1090.310(a), the following statement: “This diesel fuel additive does not comply with federal ultra-low sulfur content requirements.”
§ 1090.1125   Alternative PTD language.
(a) Alternative PTD language to the language specified in this subpart may be used if approved by EPA in advance. Such language must contain all the applicable informational elements specified in this subpart.
(b) Requests for alternative PTD language must be submitted as specified in § 1090.10.
§ 1090.1200   General recordkeeping requirements.
(a) Length of time records must be kept. Records required under this part must be kept for 5 years from the date they were created, except that records relating to credit transfers must be kept by the transferor for 5 years from the date the credits were transferred and must be kept by the transferee for 5 years from the date the credits were transferred, used, or terminated, whichever is later.
(b) Make records available to EPA. On request by EPA, the records specified in this part must be provided to EPA. For records that are electronically generated or maintained, the equipment and software necessary to read the records must be made available or, upon approval by EPA, electronic records must be converted to paper documents that must be provided to EPA.
§ 1090.1205   Recordkeeping requirements for all regulated parties.
(a) Overview. Any party subject to the requirements and provisions of this part must keep records containing the information specified in this section.
(b) PTDs. Any party that transfers custody or title of any fuel, fuel additive, or regulated blendstock must maintain the PTDs for which the party is the transferor or transferee.
(c) Sampling and testing. Any party that performs any sampling and testing on any fuel, fuel additive, or regulated blendstock must keep records of the following information:
(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 all tests 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. Where more than one test is performed, all the results must be retained.
(4) The methodology used for any testing under this part.
(5) Records related to performance-based measurement and statistical quality control under §§ 1090.1360 through 1090.1375.
(6) Records related to gasoline deposit control testing under § 1090.1395.
(7) Records demonstrating the actions taken to stop the sale of any fuel, fuel additive, or regulated blendstock that is found not to be in compliance with applicable standards under this part, and the actions taken to identify the cause of any noncompliance and prevent future instances of noncompliance.
(d) Registration. Any party required to register under subpart I of this part must maintain records supporting the information required to complete and maintain the registration for the party's company and each registered facility. The party must also maintain copies of any confirmation received from the submission of such registration information to EPA.
(e) Reporting. Any party required to submit reports under subpart J of this part must maintain copies of all reports submitted to EPA. The party must also maintain copies of any confirmation received from the submission of such reports to EPA.
(f) Exemptions. Any party that produces or distributes exempt fuel, fuel additive, or regulated blendstock under subpart G of this part must keep the following records:
(1) Records demonstrating the designation of the fuel, fuel additive, or regulated blendstock under subparts G and K of this part.
(2) Copies of PTDs generated or accompanying the exempt fuel, fuel additive, or regulated blendstock.
(3) Records demonstrating that the exempt fuel, fuel additive, or regulated blendstock was actually used in accordance with the requirements of the applicable exemption(s) under subpart G of this part.
§ 1090.1210   Recordkeeping requirements for gasoline manufacturers.
(a) Overview. In addition to the requirements in § 1090.1205, a gasoline manufacturer must keep records for each of their facilities that include the information in this section.
(b) Batch records. For each batch of gasoline, a gasoline manufacturer must keep records of the following information:
(1) The results of tests, including any calculations necessary to transcribe or correlate test results into reported values under subpart J of this part, performed to determine gasoline properties and characteristics as specified in subpart N of this part.
(2) The batch volume.
(3) The batch number.
(4) The date the batch was produced or imported.
(5) The designation of the batch under § 1090.1010.
(6) The PTDs for any gasoline produced or imported.
(7) The PTDs for any gasoline received.
(c) Downstream oxygenate accounting. For BOB for which the gasoline manufacturer has accounted for oxygenate added downstream under § 1090.710, a gasoline manufacturer must keep records of the following information:
(1) The test results for hand blends prepared under § 1090.1340.
(2) Records that demonstrate that the gasoline manufacturer participates in the NFSP under § 1090.1405.
(3) Records that demonstrate that the gasoline manufacturer participates in the NSTOP under § 1090.1450.
(4) Compliance calculations specified in § 1090.700 based on an assumed addition of oxygenate.
(d) PCG and TGP. For new batches of gasoline produced by adding blendstock to PCG or TGP, a gasoline manufacturer must keep records of the following information:
(1) Records that reflect the storage and movement of the PCG or TGP and blendstock within the fuel manufacturing facility to the point such PCG or TGP is used to produce gasoline or BOB.
(2) For new batches of gasoline produced by adding blendstock to PCG or TGP under § 1090.1320(a)(1) or § 1090.1325, respectively, keep records of the following additional information:
(i) The results of tests to determine the sulfur content, benzene content, oxygenate(s) content, and in the summer, RVP, for the PCG or TGP and volume of the PCG or TGP when received at the fuel manufacturing facility.
(ii) Records demonstrating which specific batches of PCG or TGP were used in each new batch of gasoline.
(iii) Records demonstrating which blendstocks were used in each new batch of gasoline.
(iv) Records of the test results for sulfur content, benzene content, oxygenate(s) content, distillation parameters, and in the summer, RVP, for each new batch of gasoline.
(3) For new batches of gasoline produced by adding blendstock to PCG or TGP under § 1090.1320(a)(2), keep records of the following additional information:
(i) Records of the test results for sulfur content, benzene content, oxygenate(s) content, and in the summer, RVP, of each blendstock used to produce the new batch of gasoline.
(ii) Records of the test results for sulfur content and in the summer, RVP, of each new batch of gasoline.
(iii) Records demonstrating which blendstocks were used in each new batch of gasoline.
(e) Certified butane and certified pentane blenders. For certified butane or certified pentane blended into gasoline or BOB under § 1090.1320, a certified butane or certified pentane blender must keep records of the following information:
(1) The volume of certified butane or certified pentane added.
(2) The purity and properties of the certified butane or certified pentane specified in § 1090.250 or § 1090.255, respectively.
(f) Importation of gasoline treated as blendstock. For any imported GTAB, an importer must keep records of documents that reflect the storage and physical movement of the GTAB from the point of importation to the point of blending to produce gasoline or the point at which the GTAB was certified as gasoline.
(g) ABT. A gasoline manufacturer must keep records of the following information related to their ABT activities under subpart H of this part, as applicable:
(1) Compliance sulfur values and compliance benzene values under § 1090.700, 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 compliance period of generation.
(3) The number of credits generated by the gasoline manufacturer under § 1090.725, separately by facility and compliance period of generation.
(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 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 compliance period of generation.
(6) The number of credits that will be carried over into the next compliance period, separately by facility and compliance period of generation.
(7) The number of credits used, separately by facility and compliance period of generation.
(8) Contracts or other commercial documents that establish each transfer of credits from the transferor to the transferee.
(9) Documentation that supports the number of credits transferred between facilities within the same company ( i.e., intracompany transfers).
§ 1090.1215   Recordkeeping requirements for diesel fuel, ECA marine fuel, and distillate global marine fuel manufacturers.
(a) Overview. In addition to the requirements in § 1090.1205, a diesel fuel or ECA marine fuel manufacturer must keep records for each of their facilities that include the information in this section.
(b) Batch records. For each batch of ULSD, 500 ppm LM diesel fuel, or ECA marine fuel, a diesel fuel or ECA marine fuel manufacturer must keep records of the following information:
(1) The batch volume.
(2) The batch number.
(3) The date the batch was produced or imported.
(4) The designation of the batch under § 1090.1015.
(5) All documents and information created or used for the purpose of batch designation under § 1090.1015, including PTDs for the batch.
(c) Distillate global marine fuel manufacturers. For distillate global marine fuel, a distillate global marine fuel manufacturer must keep records of the following information:
(1) The designation of the fuel as distillate global marine fuel.
(2) The PTD for the distillate global marine fuel.
§ 1090.1220   Recordkeeping requirements for oxygenate blenders.
(a) Overview. In addition to the requirements in § 1090.1205, an oxygenate blender that blends oxygenate into gasoline must keep records that include the information in this section.
(b) Oxygenate blenders. For each occasion that an oxygenate blender blends oxygenate into gasoline, the oxygenate blender must keep records of the following information:
(1) The date, time, location, and identification of the blending tank or truck in which the blending occurred.
(2) The volume and oxygenate requirement of the gasoline to which oxygenate was added.
(3) The volume, type, and purity of the oxygenate that was added, and documents that show the supplier(s) of the oxygenate used.
§ 1090.1225   Recordkeeping requirements for gasoline additives.
(a) Gasoline additive manufacturers. In addition to the requirements in § 1090.1205, a gasoline additive manufacturer must keep records of the following information for each batch of additive produced or imported:
(1) The batch volume.
(2) The date the batch was produced or imported.
(3) The PTD for the batch.
(4) The maximum recommended treatment rate.
(5) The gasoline additive manufacturer's control practices that demonstrate that the additive will contribute no more than 3 ppm on a per-gallon basis to the sulfur content of gasoline when used at the maximum recommended treatment rate.
(b) Parties that take custody of gasoline additives. Except for gasoline additives packaged for addition to gasoline in the vehicle fuel tank, all parties that take custody of gasoline additives for bulk addition to gasoline—from the producer through to the gasoline additive blender that adds the additive to gasoline—must keep records of the following information:
(1) The PTD for each batch of gasoline additive.
(2) The treatment rate at which the additive was added to gasoline, as applicable.
(3) The volume of gasoline that was treated with the additive, as applicable. A new record must be initiated in each case where a new batch of additive is mixed into a storage tank from which the additive is drawn to be injected into gasoline.
§ 1090.1230   Recordkeeping requirements for oxygenate producers.
(a) Oxygenate producers. In addition to the requirements in § 1090.1205, an oxygenate producer must keep records of the following information for each batch of oxygenate:
(1) The batch volume.
(2) The batch number.
(3) The date the batch was produced or imported.
(4) The PTD for the batch.
(5) The sulfur content of the batch.
(6) The sampling and testing records specified in § 1090.1205(c), if the sulfur content of the batch was determined by analytical testing.
(b) DFE producers. In addition to the requirements of paragraph (a) of this section, a DFE producer must keep records of the following information for each batch of DFE if the sulfur content of the batch was determined under § 1090.1330:
(1) The name and title of the person who calculated the sulfur content of the batch.
(2) The date the calculation was performed.
(3) The calculated sulfur content.
(4) The sulfur content of the neat (un-denatured) ethanol.
(5) The date each batch of neat ethanol was produced.
(6) The neat ethanol batch number.
(7) The neat ethanol batch volume.
(8) As applicable, the neat ethanol production quality control records, or the test results on the neat ethanol, including all the following:
(i) The location, date, time, and storage tank or truck identification for each sample collected.
(ii) The name and title of the person who collected the sample and the person who performed the test.
(iii) 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.
(iv) Any record that contains a test result for the sample that is not identical to the result recorded in paragraph (b)(8)(iii) of this section.
(v) The test methodology used.
(9) The sulfur content of each batch of denaturant used, and the volume percent at which the denaturant was added to neat (un-denatured) ethanol to produce DFE.
(10) The PTD for each batch of denaturant used.
(c) Parties that take custody of oxygenate. All parties that take custody of oxygenate—from the oxygenate producer through to the oxygenate blender—must keep records of the following information:
(1) The PTD for each batch of oxygenate.
(2) [Reserved]
§ 1090.1235   Recordkeeping requirements for ethanol denaturant.
(a) Certified ethanol denaturant producers. In addition to the requirements in § 1090.1205, a certified ethanol denaturant producer must keep records of the following information for each batch of certified ethanol denaturant:
(1) The batch volume.
(2) The batch number.
(3) The date the batch was produced or imported.
(4) The PTD for the batch.
(5) The sulfur content of the batch.
(b) Parties that take custody of ethanol denaturants. All parties that take custody of denaturant designated as suitable for use in the production of DFE under § 1090.270(b) must keep records of the following information:
(1) The PTD for each batch of denaturant.
(2) The volume percent at which the denaturant was added to ethanol, as applicable.
§ 1090.1240   Recordkeeping requirements for gasoline detergent blenders.
(a) Overview. In addition to the requirements in § 1090.1205, a gasoline detergent blender must keep records that include the information in this section.
(b) Gasoline detergent blenders. A gasoline detergent blender must keep records of the following information:
(1) The PTD for each detergent used.
(2) For an automated detergent blending facility, the following information:
(i) The dates of the VAR Period.
(ii) The total volume of detergent blended into gasoline, as determined using one of the following methods, as applicable:
(A) For a facility that uses in-line meters to measure the amount of detergent blended, the total volume of detergent measured, together with supporting data that includes one of the following:
( 1 ) The beginning and ending meter readings for each meter being measured.
( 2 ) Other comparable metered measurements.
(B) For a facility that uses a gauge to measure the inventory of the detergent storage tank, the total volume of detergent must be calculated as follows:
(C) The value of each variable in the equation in paragraph (b)(2)(ii)(B) of this section must be separately recorded. Recorded volumes of detergent must be expressed to the nearest gallon (or smaller units), except that detergent volumes of five gallons or less must be expressed to the nearest tenth of a gallon (or smaller units). However, if the blender's equipment is unable to accurately measure to the nearest tenth of a gallon, then such volumes must be rounded downward to the next lower gallon.
(iii) The total volume of gasoline to which detergent has been added, together with supporting data that includes one of the following:
(A) The beginning and ending meter measurements for each meter being measured.
(B) The metered batch volume measurements for each meter being measured.
(C) Other comparable metered measurements.
(iv) The actual detergent concentration, calculated as the total volume of detergent added (as determined under paragraph (b)(2)(ii) of this section) divided by the total volume of gasoline (as determined under paragraph (b)(2)(iii) of this section). The concentration must be calculated and recorded to four digits and rounded as specified in § 1090.50.
(v) The initial detergent concentration rate, together with the date and description of each adjustment to any initially set concentration.
(vi) If the detergent injector is set below the applicable LAC, or adjusted by more than 10 percent above the concentration initially set in the VAR Period, documentation establishing that the purpose of the change is to correct a batch misadditization prior to the end of the VAR Period and prior to the transfer of the batch to another party or to correct an equipment malfunction and the date and adjustments of the correction.
(vii) Documentation reflecting the performance and results of the calibration of detergent equipment under § 1090.1390.
(3) For a non-automated detergent blending facility, keep records of the following information:
(i) The date of additization.
(ii) The volume of detergent added.
(iii) The volume of gasoline to which the detergent was added.
(iv) The actual detergent concentration, calculated as the volume of detergent added (per paragraph (b)(3)(ii) of this section) divided by the volume of gasoline (per paragraph (b)(3)(iii) of this section). The concentration must be calculated and recorded to four digits and rounded as specified in § 1090.50.
§ 1090.1245   Recordkeeping requirements for independent surveyors.
(a) Overview. In addition to the requirements in § 1090.1205, an independent surveyor must keep records that include the information in this section.
(b) Independent surveyors. An independent surveyor must keep records of the following information, as applicable:
(1) Records related to the NFSP under § 1090.1405.
(2) Records related to a geographically-focused E15 survey program under § 1090.1420(b).
(3) Records related to the NSTOP under § 1090.1450.
§ 1090.1250   Recordkeeping requirements for auditors.
(a) Overview. In addition to the requirements in § 1090.1205, an auditor must keep records that include the information in this section.
(b) Auditors. An auditor must keep records of the following information:
(1) Documents pertaining to the performance of each audit performed under subpart S of this part, including all correspondence between the auditor and the fuel manufacturer.
(2) Copies of each attestation report prepared and all related records developed to prepare the attestation report.
§ 1090.1255   Recordkeeping requirements for transmix processors, transmix blenders, transmix distributors, and pipeline operators.
(a) Overview. In addition to the requirements in § 1090.1205, a transmix processor, transmix blender, transmix distributor, or pipeline operator must keep records that include the information in this section.
(b) Transmix. (1) A transmix processor or transmix distributor must keep records that reflect the results of any sampling and testing required under subpart F or M of this part.
(2) A transmix processor must keep records showing the volumes of TGP recovered from transmix and the type and amount of any blendstock or PCG added to make gasoline from TGP under § 1090.505.
(3) A transmix processor that adds blendstock to TGP or PCG must keep records under § 1090.1210(d).
(4) A transmix blender must keep records showing compliance with the quality assurance program and/or sampling and testing requirements in § 1090.500, and for each batch of gasoline with which transmix is blended, the volume of the batch, and the volume of transmix blended into the batch.
(c) 500 ppm LM diesel fuel. A manufacturer or distributor of 500 ppm LM diesel fuel using transmix must keep records of the following information, as applicable:
(1) Copies of the compliance plan required under § 1090.515(g).
(2) Documents demonstrating how the party complies with each applicable element of the compliance plan under § 1090.515(g).
(3) Documents and copies of calculations used to determine compliance with the 500 ppm LM diesel fuel volume requirements under § 1090.515(c).
(4) Documents or information that demonstrates that the 500 ppm LM diesel fuel was only used in locomotive and marine engines that are not required to use ULSD under 40 CFR 1033.815 and 40 CFR 1042.660, respectively.
(d) Pipeline operators. A pipeline operator must keep records that demonstrate compliance with the interface handling practices in § 1090.520.
§ 1090.1300   General provisions.
(a) This subpart is organized as follows:
(1) Sections 1090.1310 through 1090.1330 specify the scope of required testing, including special provisions that apply in several unique circumstances.
(2) Sections 1090.1335 through 1090.1345 specify handling procedures for collecting and retaining samples. Sections 1090.1350 through 1090.1375 specify the procedures for measuring the specified parameters. These procedures apply to anyone who performs testing under this subpart.
(3) Section 1090.1390 specifies the requirements for calibrating automated detergent blending equipment.
(4) Section 1090.1395 specifies the procedures for testing related to gasoline deposit control test procedure.
(b) If you need to meet requirements for a quality assurance program at a minimum frequency, 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 on 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 occurs first.
(2) If your testing period starts on 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 occurs first.
(c) Anyone acting on behalf of a regulated party to demonstrate compliance with requirements under this part must meet the requirements of this subpart in the same way that the party needs to meet those requirements for its own testing. The regulated party and the third party will both be liable for any violations arising from the third party's failure to meet the requirements of this subpart.
(d) Anyone performing tests under this subpart must apply good laboratory practices 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 accounting for all available relevant information.
(e) Subpart Q of this part has provisions related to importation, including additional provisions that specify how to meet the sampling and testing requirements of this subpart.
§ 1090.1310   Testing to demonstrate compliance with standards.
(a) Perform testing as needed to certify fuel, fuel additive, or regulated blendstock as specified in subpart K of this part. This section specifies additional test requirements.
(b) A fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer must perform the following measurements before fuel, fuel additive, or regulated blendstock from a given batch leaves the facility, except as specified in § 1090.1315:
(1) Diesel fuel. Perform testing for each batch of ULSD, 500 ppm LM diesel fuel, and ECA marine fuel to demonstrate compliance with sulfur standards.
(2) Gasoline. Perform testing for each batch of gasoline to demonstrate compliance with sulfur standards and perform testing for each batch of summer gasoline to demonstrate compliance with RVP standards.
(c) The following testing provisions apply for gasoline, oxygenate, certified ethanol denaturant, certified butane, and certified pentane:
(1) A gasoline manufacturer producing BOB for which oxygenate added downstream is accounted for under § 1090.710 must prepare a hand blend as specified in § 1090.1340 and perform the following measurements:
(i) Measure the sulfur content of both the BOB and the hand blend.
(ii) Except as specified in § 1090.1325(c), measure the benzene content of the hand blend.
(iii) For Summer CG, measure the RVP of the BOB.
(iv) For Summer RFG, measure the RVP of the hand blend.
(2) A gasoline manufacturer producing gasoline for which oxygenate added downstream is not accounted for under § 1090.710 ( e.g., E0 or so-called suboctane gasoline) must perform the following measurements:
(i) Measure the sulfur content of the gasoline.
(ii) Except as specified in § 1090.1325(c), measure the benzene content of the gasoline.
(iii) For Summer CG and Summer RFG, measure the RVP of the gasoline.
(iv) For Summer RFG that is designated as “Intended for Oxygenate Blending” under § 1090.1010(a)(4), create a hand blend as specified in § 1090.1340 and measure the RVP of the hand blend.
(v) For gasoline blended with oxygenate, measure the oxygenate content of the gasoline.
(3) An oxygenate producer must measure the sulfur content of each batch of oxygenate, except that a DFE producer may meet the alternative requirements in § 1090.1330.
(4) An ethanol denaturant producer that certifies denaturant under § 1090.1330 must measure the sulfur content of each batch of denaturant.
(5) A certified butane or certified pentane producer must perform sampling and testing to demonstrate compliance with purity specifications and sulfur and benzene standards as specified in § 1090.1320.
(6) A transmix processor producing gasoline from TGP must test each batch of gasoline for parameters required to demonstrate compliance with § 1090.505 as specified in § 1090.1325.
(d) A blending manufacturer producing gasoline by adding blendstock to PCG must comply with § 1090.1320.
(e) For gasoline produced at a fuel blending facility or a transmix processing facility, a gasoline manufacturer must measure such gasoline for oxygenate and for distillation parameters ( i.e., T10, T50, T90, final boiling point, and percent residue). However, a fuel manufacturer or transmix processor does not need to measure the oxygenate content of gasoline if PCG, transmix, TGP, and blendstocks used to produce the batch did not contain any oxygenates, based on the following documentation:
(1) For PCG, documentation consists of oxygenate content identified on PTDs.
(2) For transmix, TGP, and blendstocks, documentation consists of affidavits or oxygenate test results from the person providing the transmix or blendstock stating that these products do not contain oxygenate.
§ 1090.1315   In-line blending.
A fuel manufacturer using in-line blending equipment may qualify for a waiver from the requirement in § 1090.1310(b) to test every batch of fuel before the fuel leaves the fuel manufacturing facility as follows:
(a) Submit a request signed by the RCO to EPA with the following information:
(1) Describe the location of your in-line blending operation, how long it has been in operation, and how much of each type and grade of fuel you have blended over the preceding 3 years (or since starting the in-line blending operation if it is less than 3 years). Describe the physical layout of the blending operation and how you move the blended fuel into distribution. Also describe how your automated system monitors and controls blending proportions and the properties of the blended fuel. For new installations, describe these as a planned operation with projected volumes by type and grade. Describe clearly which portions of your blending operation are the subject of your waiver request.
(2) Describe how you collect and test composite fuel samples in a way that is equivalent to measuring the fuel properties of a batch of blended fuel as specified in this subpart. Also describe how your procedures conform to the sampling specifications in ASTM D4177 and the composite calculations in ASTM D5854 (both incorporated by reference in § 1090.95).
(3) Describe any expectation or plan for you or another party to perform additional downstream testing for the same fuel parameters.
(4) Describe your quality assurance procedures. Explain how you will ensure that all fuel will meet all applicable per-gallon standards. Describe any experiences from the previous 3 years where these quality assurance procedures led you to make corrections to your in-line blending operation. Describe how you will deal with release of fuel that fails to meet a per-gallon standard.
(5) Describe any times from the previous 3 years that you modified fuel after it left your facility. Describe how you modified the fuel and why that was necessary.
(6) Describe how you will meet the auditing requirements specified in § 1090.1850 and any additional, facility-specific considerations that relate to those auditing requirements.
(b) You must arrange for an audit of your blending operation each calendar year as specified in § 1090.1850. The audit must review procedures and documents to determine whether measured and calculated values properly represent the aggregate fuel properties for the blended fuel.
(c) You must submit an updated in-line blending waiver request to EPA 60 days before making any material change to your in-line blending process. Examples of material changes include changing analyzer hardware or programming, changing the location of the analyzer, changing the piping configuration, changing the mixing control hardware or programming logic, changing sample compositors or compositor settings, or expanding fuel blending capacity. Changing the name of the company or business unit is an example of a change that is not material.
(d) If EPA approves your request for a waiver under this section, you may need 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   Adding blendstock to PCG.
The requirements of this section apply for a refiner or blending manufacturer that adds blendstock to PCG to produce a new batch of gasoline. Paragraph (b) of this section specifies an alternative approach for a certified butane or certified pentane blender. Section 1090.1325 describes additional provisions that apply to a transmix processor.
(a) Sample and test using one of the following methods to exclude PCG from the compliance demonstration for sulfur and benzene:
(1) Compliance by subtraction. (i) Determine the sulfur content, benzene content, and oxygenate content of the PCG before blending blendstocks to produce a new batch of gasoline as follows:
(A) Sample and test the sulfur content, benzene content, and oxygenate content of each batch of PCG. The blending manufacturer does not need to test PCG for oxygenate content if they can demonstrate that the PCG does not contain oxygenates as specified in paragraph (a)(1)(i)(C) of this section or § 1090.1310(e)(1).
(B) If the PCG is a BOB, prepare a hand blend under § 1090.1340 and test the hand blend for sulfur content and benzene content.
(C) The blending manufacturer may use the PCG manufacturer's certification test results if the PCG was received directly from the PCG manufacturer by an in-tank transfer or tank-to-tank transfer within the same terminal as long as the results are from the PCG that is being transferred.
(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(c)(3)(i).
(iii) After adding blendstock to PCG, sample and test the sulfur content, benzene content, and for summer gasoline, RVP, 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(c)(3)(ii).
(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 content and benzene content of each batch of blendstock used to produce a new batch of gasoline from PCG using the procedures in § 1090.1350. The homogeneity requirements for gasoline specified in § 1090.1337 apply to blendstock and GTAB collected with manual sampling.
(ii) Determine the volume of each batch of blendstock used to produce the new batch of gasoline.
(iii) Determine the volume of each blended batch of gasoline, and measure the sulfur content and for summer gasoline, RVP, for each blended batch of gasoline using the procedures specified in § 1090.1350. Testing the blended batch of gasoline for sulfur content, however, is not required if the fuel manufacturer tests the added blendstock and determines that both the blendstock and PCG meet the fuel manufacturing facility gate sulfur per-gallon standard in § 1090.205(b).
(iv) Report each batch of blendstock as specified in § 1090.905(c)(4).
(v) Include each batch of blendstock in compliance calculations as specified in § 1090.700(d)(4)(ii).
(vi) The sample retention requirements in § 1090.1345 apply for the new batch of gasoline and for each blendstock.
(b) A certified butane or certified pentane blender that blends certified butane or certified pentane into PCG to make a new batch of gasoline may comply with the following requirements instead of the requirements of paragraph (a) of this section:
(1) For summer gasoline, measure RVP of the blended fuel. The fuel manufacturer may rely on sulfur and benzene test results from the certified butane or certified pentane producer. Note that § 1090.220(e) disallows adding certified butane or certified pentane to Summer RFG or Summer RBOB.
(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 standards in § 1090.250 or § 1090.255, respectively.
(3) The certified pentane blender must enter into a contract with the certified pentane producer to verify that the certified pentane producer has an adequate quality assurance program to ensure that the certified pentane received will not be contaminated in transit.
(4) The certified butane or certified pentane blender must conduct a quality assurance program to demonstrate that the certified butane or certified pentane meets the standards specified in § 1090.250 or § 1090.255, respectively. The quality assurance program must be based on sampling the more frequent of every 90 days or 500,000 gallons of certified butane or certified pentane received from each distributor. The certified butane or certified pentane blender may rely on a third party to perform the testing.
(c) This paragraph describes provisions that apply in cases where PCG is a BOB for which the PCG manufacturer accounted for oxygenate added downstream under § 1090.710 and the blending manufacturer makes a new batch that includes less oxygenate than was specified for the BOB by the PCG manufacturer. A blending manufacturer in this circumstance does not qualify for the small volume blender exemption for BOB recertification under § 1090.740(a)(3) and must comply with all the following.
(1) Calculate and incur sulfur and benzene deficits under the BOB recertification provisions in § 1090.740.
(2) Comply with either the compliance by subtraction requirements of paragraph (a)(1) of this section or the compliance by addition requirements of paragraph (a)(2) of this section. For compliance by subtraction, test the PCG without adding oxygenate ( i.e., test the PCG “neat”), and report the PCG volume without adjusting for the volume of oxygenate that the PCG manufacturer specified under § 1090.740.
§ 1090.1325   Adding blendstock or PCG to TGP.
The following provisions apply to a transmix processor or blending manufacturer producing gasoline by adding blendstock or PCG to TGP:
(a) Determine the volume, sulfur content, and benzene content of each blendstock batch used to produce gasoline for reporting and compliance calculations by following the sampling and testing requirements in § 1090.1320 and treating the TGP used to produce the gasoline as PCG.
(b) Sample and test the gasoline made from TGP and PCG or blendstock to demonstrate compliance with the fuel manufacturing facility gate sulfur per-gallon standard in § 1090.205(b) and the applicable RVP standard in § 1090.215.
(c) A transmix processor producing gasoline by only adding TGP to PCG does not have to measure the benzene content of the finished gasoline.
§ 1090.1330   Preparing denatured fuel ethanol.
Instead of measuring every batch, a DFE producer or importer may calculate the sulfur content of a batch of DFE as follows:
(a) Determine the sulfur content of ethanol before adding denaturant by measuring it as specified in § 1090.1310 or by estimating it based on your production quality control procedures.
(b) Use the ppm sulfur content of certified ethanol denaturant specified on the PTD for the batch. If the sulfur content is specified as a range, use the maximum specified value.
(c) Calculate the weighted sulfur content of the DFE using the values determined under paragraphs (a) and (b) of this section.
§ 1090.1335   Collecting, preparing, and testing samples.
(a) General provisions. Use good laboratory practice to collect samples to represent the batch you are testing. For example, take steps to ensure that a batch is always well mixed before sampling. Also, always take steps to prevent sample contamination, such as completely flushing sampling taps and piping and pre-rinsing sample containers with the product being sampled. Follow the procedures in paragraph (b) of this section for manual sampling. Follow the procedures paragraph (c) of this section for automatic sampling. Additional requirements for measuring RVP are specified in paragraph (d) of this section. A description of how to determine compliance based on single or multiple tests on single or multiple samples is specified in paragraph (e) of this section.
(b) Manual sampling. Perform manual sampling using one of the methods specified in ASTM D4057 (incorporated by reference in § 1090.95) to demonstrate compliance with standards as follows:
(1) Collect a “running” or “all-levels” sample from the top of the tank. Drawing a sample from a standpipe is acceptable only if it is slotted or perforated to ensure that the drawn sample properly represents the whole batch of fuel.
(2)(i) Use tap sampling or spot sampling to collect upper, middle, and lower samples if a running or all-levels sample is impractical for a given storage configuration. Collect samples that most closely match the recommendations in Table 5 of ASTM D4057. Adjust spot sampling for partially filled tanks as shown in Table 1 or Table 5 of ASTM D4057, as applicable.
(ii) Spot sampling must not be used for certification testing unless the tank contains less than 10 feet of product.
(3) If the procedures in paragraphs (b)(1) and (2) of this section are impractical for a given storage configuration, you may use alternative sampling procedures as specified in ASTM D4057. This applies primarily for sampling with trucks, railcars, retail stations, and other downstream locations.
(4) Test results with manual sampling are valid only after you demonstrate homogeneity as specified in § 1090.1337.
(5) Except as specified for marine vessels in § 1090.1605, you must not do certification testing with a composite sample from manual sampling.
(c) Automatic sampling. (1) For in-line blending waivers under § 1090.1315, follow all specifications for automatic sampling as specified in EPA's approval letter instead of or in addition to the specifications in paragraph (c)(2) of this section. Automatic sampling is also appropriate for a configuration involving a pipeline filling a tank that will be certified as compliant before it leaves the fuel manufacturing facility gate.
(2) Perform automatic sampling as specified in ASTM D4177 (incorporated by reference in § 1090.95), with the following additional specifications:
(i) Configure the system to ensure a well-mixed stream at the sampling point. Align the start and end of sampling with the start and end of creating the batch.
(ii) The default sampling frequency must follow the recommended approach of at least 9,604 samples to represent a batch. Less frequent sampling is acceptable as long as the interval between samples does not exceed 20 seconds throughout the batch.
(iii) Collect three samples for individual measurements in addition to the composite sample. Draw head, middle, and tail samples after flowing 15, 50, and 85 percent of the estimated batch volume, respectively.
(iv) EPA may approve a different sampling strategy under an approved in-line blending waiver under § 1090.1315 if it is appropriate for a given facility or for a small-volume batch.
(d) Sampling provisions related to measuring RVP of summer gasoline. The following additional provisions apply for preparing samples to measure RVP of summer gasoline:
(1) Meet the additional specifications for manual and automatic sampling in ASTM D5842 (incorporated by reference in § 1090.95).
(2) If you measure other fuel parameters for a given sample in addition to RVP testing, always measure RVP first.
(e) Testing to demonstrate compliance with standards. (1) Perform testing as specified in this subpart.
(2) For parameters subject to per-gallon standards, report the highest measured value (or the lowest measured value for testing related to cetane index or other parameters that are subject to a standard representing a minimum value). This applies for repeat tests on a given sample and for testing multiple samples (including head, middle, and tail samples from automatic sampling). A batch is noncompliant if any tested sample does not meet all applicable per-gallon standards.
(3) In the case of automatic sampling for parameters subject to average standards, report the result from the composite sample to represent the batch for demonstrating compliance with the average standard. For any repeat testing with the composite sample, calculate the arithmetic average from all tests to represent the batch.
(4) In the case of manual sampling for parameters subject to average standards, determine the value representing the batch as follows:
(i) For testing with only a single sample, report that value to represent the batch. If there are repeat tests with that sample, report the arithmetic average from all tests to represent the sample.
(ii) For testing with more than one sample, report the arithmetic average from all tested samples to represent the batch. If there are repeat tests for any sample, calculate the arithmetic average of those repeat tests to determine a single value to represent that sample before calculating the average value to represent the batch.
§ 1090.1337   Demonstrating homogeneity.
(a) Certification test results corresponding to manual sampling as specified in § 1090.1335(b) are valid only if collected samples meet the homogeneity specifications in this section, except that the homogeneity testing requirement does not apply in the following cases:
(1) There is only a single sample using the procedure specified in § 1090.1335(b)(2).
(2) Upright cylindrical tanks that have a liquid depth of less than 10 feet.
(3) You draw spot or tap samples as specified in paragraph (c) of this section, test each sample for every parameter subject to a testing requirement, and use the worst-case test result for each parameter for purposes of reporting, meeting per-gallon and average standards, and all other aspects of compliance.
(4) Sampling at a downstream location where it is not possible to collect separate samples and steps are taken to ensure that the batch is well mixed.
(b)(1) Testing performed to establish homogeneity is not considered certification testing, except as specified in paragraph (b)(2) of this section.
(2) Homogeneity testing may be used as certification testing if any of the following criteria are met:
(i) All tested samples meet all applicable per-gallon standards.
(ii) The testing meets the requirement in § 1090.1335(b)(2)(ii).
(iii) The testing follows the procedures specified in paragraph (a)(3) of this section.
(c) Use spot sampling as specified in § 1090.1335(b)(2) for homogeneity testing. Tap sampling is acceptable if spot sampling is impractical for a given facility.
(d) Demonstrate homogeneity for gasoline using two of the procedures specified in this paragraph (d) with each sample. For summer gasoline, the homogeneity demonstration must include RVP measurement.
(1) Measure API gravity using ASTM D287, ASTM D1298, ASTM D4052, or ASTM D7777 (incorporated by reference in § 1090.95).
(2) Measure the sulfur content as specified in § 1090.1360.
(3) Measure the benzene content as specified § 1090.1360.
(4) Measure the RVP as specified in § 1090.1360.
(e) For testing to meet the diesel fuel standards in subpart D of this part, demonstrate homogeneity using one of the procedures specified in paragraph (d)(1) or (2) of this section.
(f) Consider the batch to be homogeneous for a given parameter if the measured values for all tested samples vary by less than the published reproducibility of the test method multiplied by 0.75 (R × 0.75). If reproducibility is a function of measured values, calculate reproducibility using the average value of the measured parameter representing all tested samples. Calculate using all meaningful significant figures as specified for the test method, even if § 1090.1350(c) describes a different precision. For cases that do not require a homogeneity demonstration under paragraph (a) of this section, the lack of homogeneity demonstration does not prevent a quantity of fuel, fuel additive, or regulated blendstock from being considered a batch for demonstrating compliance with the requirements of this part.
§ 1090.1340   Preparing a hand blend from BOB.
(a) If you produce or import BOB and instruct downstream blenders to add oxygenate, you must meet the requirements of this subpart by blending oxygenate that reflects the anticipated sulfur content and benzene content of the oxygenate for blending into a BOB sample. To do this, prepare each hand blend by adding oxygenate to the BOB sample in a way that corresponds to your instructions to downstream blenders for the sampled batch of fuel. Prepare a hand blend as follows:
(1) Take steps to avoid introducing high or low bias in sulfur content when selecting from available samples to prepare the hand blend. For example, if there are three samples with discrete sulfur measurements, select the sample with the mid-range sulfur content. In other cases, randomly select the sample.
(2) If your instructions allow for a downstream blender to add more than one type or concentration of oxygenate, prepare the hand blend as follows:
(i) For summer gasoline intended for blending with ethanol, use the lowest specified ethanol blend.
(ii) For all winter gasoline and for summer gasoline intended for blending only with oxygenate other than ethanol, use the lowest specified oxygenate concentration, regardless of the type of oxygenate.
(iii) As an example, if you give instructions for a given batch of BOB to perform downstream blending to make E10, E15, and 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) Prepare the hand blend using the procedures specified in ASTM D7717 (incorporated by reference in § 1090.95). The hand blend must have an amount of oxygenate that does not exceed the oxygenate concentration specified on the PTD for the BOB under § 1090.1110(b)(1).
§ 1090.1345   Retaining samples.
(a) Retain samples as follows:
(1) A fuel manufacturer, regulated blendstock producer, or independent surveyor must keep representative samples of gasoline, diesel fuel, or oxygenate that is subject to certification testing requirements under this subpart for at least 30 days after testing is complete, except that a longer sample retention of 90 days applies for a blending manufacturer that produces gasoline.
(2) A certified pentane producer must keep representative samples of certified pentane for at least 30 days after testing is complete.
(3) A blending manufacturer required to test blendstock under § 1090.1320(a)(2) must keep representative samples of the blendstock and the new batch of gasoline for at least 90 days after testing is complete.
(4) An oxygenate producer or importer must keep oxygenate samples as follows:
(i) Keep a representative sample of any tested oxygenate. Also keep a representative sample of DFE if you used the provisions of § 1090.1330 to calculate its sulfur content.
(ii) Keep all the samples you collect over the previous 21 days. If you have fewer than 20 samples from the previous 21 days, continue keeping the most recent 20 samples collected up to a maximum of 90 days for any given sample.
(5) The nominal volume of retained liquid samples must be at least 330 ml. 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 blend, select a representative sample as follows:
(i) If you are required to test a hand blend under § 1090.1340, keep a sample of the BOB and a sample representative of the oxygenate used to prepare the hand blend.
(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.
(b) [Reserved]
(c) Keep records of all calculations, test results, and test methods for the batch associated with each stored sample.
(d) If EPA requests a test sample, you must follow EPA's instructions and send it to EPA by a courier service (or equivalent). The instructions will describe where and when to send the sample. For each test sample, you must identify the test results and test methods used.
(e) You are responsible for meeting the requirements of this section even if a third party performs testing and stores the fuel samples for you.
§ 1090.1350   Overview of test procedures.
A fuel manufacturer, fuel additive manufacturer, regulated blendstock producer, or independent surveyor meets the requirements of this subpart based on laboratory measurements of the specified fuel parameters. Test procedures for these measurements apply as follows:
(a) Except as specified in paragraph (b) of this section, the Performance-based Measurement System specified in §§ 1090.1360 through 1090.1375 applies for all testing specified in this subpart for the following fuels and fuel parameters:
(1) Sulfur content of diesel fuel.
(2) Sulfur content of ECA marine fuel.
(3) RVP, sulfur content, benzene content, and oxygenate content of gasoline. The procedures for measuring sulfur in gasoline in this subpart also apply for testing sulfur in certified ethanol denaturant; however, demonstrating compliance for alternative procedures in § 1090.1365 and statistical quality control in § 1090.1375 do not apply for sulfur concentration above 80 ppm.
(4) Sulfur content of butane.
(b) Specific test procedures apply for measuring other fuel parameters, as follows:
(1) Determine the cetane index of diesel fuel as specified in ASTM D976 or ASTM D4737 (incorporated by reference in § 1090.95). There is no cetane-related test requirement for biodiesel that meets ASTM D6751 (incorporated by reference in § 1090.95).
(2) Measure aromatic content of diesel fuel as specified in ASTM D1319 or ASTM D5186 (incorporated by reference in § 1090.95). You may use an alternative procedure if you correlate your test results with ASTM D1319 or ASTM D5186. There is no aromatics-related test requirement for biodiesel that meets ASTM D6751.
(3) Measure the purity of butane as specified in ASTM D2163 (incorporated by reference in § 1090.95). Measure the purity of pentane as specified in ASTM D2163 or ASTM D5134 (incorporated by reference in § 1090.95).
(4) Measure the benzene content of butane and pentane as specified in ASTM D2163, ASTM D5134, ASTM D6729, or ASTM D6730 (incorporated by reference in § 1090.95).
(5) Measure the sulfur content of pentane as specified in ASTM D5453 (incorporated by reference in § 1090.95).
(6) Measure distillation parameters 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.
(7) Measure the sulfur content of neat ethanol as specified in ASTM D5453. You may use an alternative procedure if you adequately correlate your test results with ASTM D5453.
(8) Measure the phosphorus content of gasoline as specified in ASTM D3231 (incorporated by reference in § 1090.95).
(9) Measure the lead content of gasoline as specified in ASTM D3237 (incorporated by reference in § 1090.95).
(10) Measure the sulfur content of gasoline additives and diesel fuel additives as specified in ASTM D2622 (incorporated by reference in § 1090.95).
(11) Use referee procedures specified in § 1090.1360(d) and the following additional methods to measure gasoline fuel parameters to meet the survey requirements of subpart O of this part:
Table 1 to Paragraph ( b )(11)—Additional Survey Test Methods
1 ASTM specifications are incorporated by reference, see § 1090.95.
(12) Updated versions of the test procedures specified in this section are acceptable as alternative procedures if both repeatability and reproducibility are the same or better than the values specified in the earlier version.
(c) Record measured values with the following precision, with rounding in accordance with § 1090.50:
(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.
(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.
(d) For any measurement or calculation that depends on the volume of the test sample, correct the volume of the sample to a reference temperature of 15.56 °C. Use a correction equation that is appropriate for each tested compound. This applies for all fuels, blendstocks, and additives, except butane.
§ 1090.1355   Calculation adjustments and corrections.
Adjust measured values as follows:
(a) Adjust measured values for total vapor pressure as follows:
(b) For measuring the sulfur content and benzene content of gasoline, adjust a given test result upward in certain circumstances, as follows:
(1) If your 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 the sulfur content of ULSD at a downstream location, subtract 2 ppm from the result.
(d) For measuring the benzene content of butane and pentane, report a zero value if the test result is at or below the PLOQ or Limit of Detection (LOD) that applies for the test method.
(e) If measured content of any oxygenate compound is less than 0.20 percent by mass, record the result as “None detected.”
§ 1090.1360   Performance-based Measurement System.
(a) The Performance-based Measurement System (PBMS) is an approach that allows for laboratory testing with any procedure that meets specified performance criteria. This subpart specifies the performance criteria for measuring certain fuel parameters to demonstrate compliance with the standards and other specifications of this part. These provisions do not apply to process stream analyzers used with in-line blending.
(b) Different requirements apply for absolute fuel parameters and method-defined fuel parameters.
(1) Absolute fuel parameters are those for which it is possible to evaluate measurement accuracy by comparing measured values of a test sample to a reference sample with a known value for the measured parameter. The following are absolute fuel parameters:
(i) Sulfur. This applies for measuring sulfur in any fuel, fuel additive, or regulated blendstock.
(ii) [Reserved]
(2) Method-defined fuel parameters are all those that are not absolute fuel parameters. Additional test provisions apply for method-defined fuel parameters under this section because there is no reference sample for evaluating measurement accuracy.
(c) The performance criteria of this section apply as follows:
(1) Section 1090.1365 specifies the initial qualifying criteria for all measurement procedures. You may use an alternative procedure only if testing shows that you meet the initial qualifying criteria.
(2) Section 1090.1375 specifies ongoing quality testing requirements that apply for a laboratory that uses either referee procedures or alternative procedures.
(3) Streamlined requirements for alternative procedures apply for procedures adopted by a voluntary consensus standards body (VCSB). Certification testing with non-VCSB procedures requires advance approval by EPA. Procedures are considered non-VCSB testing as follows:
(i) Procedures developed by individual companies or other parties are considered non-VCSB procedures.
(ii) Draft procedures under development by a VCSB organization are considered non-VCSB procedures until they are approved for publication.
(iii) A published procedure is considered non-VCSB for testing with fuel parameters that fall outside the range of values covered in the research report of the ASTM D6708 (incorporated by reference in § 1090.95) assessment comparing candidate alternative procedures to the referee procedure specified in paragraph (d) of this section.
(4) You may use updated versions of the referee procedures as alternative procedures subject to the limitations of § 1090.1365(a)(2). You may ask EPA 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 repeatability and reproducibility compared to the version specified in § 1090.95. If the updated procedure has worse repeatability or reproducibility compared to the earlier version, you must complete the required testing specified in § 1090.1365 using the older, referenced version of the referee procedure.
(5) Any laboratory may use the specified referee procedure without qualification testing. To use alternative procedures at a given laboratory, you must perform the specified testing to demonstrate compliance with precision and accuracy requirements, with the following exceptions:
(i) Testing you performed to qualify alternative procedures under 40 CFR part 80 continues to be valid for making the demonstrations required in this part.
(ii) Qualification testing is not required for a laboratory that measures the benzene content of gasoline using Procedure B of ASTM D3606 (incorporated by reference in § 1090.95). However, qualification testing may be necessary for updated versions of this procedure as specified in § 1090.1365(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 § 1090.1365. The following are the referee procedures:
Table 1 to Paragraph ( d )—Referee Procedures for Qualifying Alternative Procedures
1 ASTM specifications are incorporated by reference, see § 1090.95.
§ 1090.1365   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 § 1090.1360.
(a) The following general provisions apply for qualifying alternative procedures:
(1) Alternative procedures must have appropriate precision to allow for reporting to the number of decimal places specified in § 1090.1350(c).
(2) Testing to qualify an alternative procedure applies for the specified version of the procedure you use for making the necessary measurements. For referee procedures and for alternative procedures for method-defined fuel parameters that you have qualified for your laboratory, updated versions of those same procedures are qualified without further testing, as long as the specified reproducibility is the same as or better than the values specified in the earlier version. For absolute fuel parameters, updated versions are qualified without testing if both repeatability and reproducibility are the same as or better than the values specified in the earlier version.
(3) Except as specified in paragraph (d) of this section, testing to demonstrate compliance with the precision and accuracy specifications in this section apply only for the laboratory where the testing occurred.
(4) If a procedure for measuring benzene or sulfur in gasoline has no specified PLOQ and no specified scope with a lower bound, you must establish a LLOQ for your laboratory.
(5) Testing for method-defined fuel parameters must take place at a reference installation as specified in § 1090.1370.
(b) All alternative procedures must meet precision criteria based on a calculated maximum allowable standard deviation for a given fuel parameter as specified in this paragraph (b). The precision criteria apply for measuring the parameters and fuels specified in paragraph (b)(3) 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 paragraph (b)(3) of 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 use good engineering judgment to determine that the omission is necessary 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 as follows:
Table 1 to Paragraph ( b )(3)—Precision Criteria for Qualifying Alternative Procedures
1 Calculate repeatability and reproducibility using the average value determined from testing. Use units as specified in § 1090.1350(c).
2 ASTM publications are incorporated by reference, see § 1090.95. Note that the listed procedure may be different than the referee procedure identified in § 1090.1360(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 gravimetric sulfur standards 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 the sulfur content of 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, gasoline regulated blendstock, and gasoline additive using test fuels to represent sulfur values from 1 to 10 ppm, 11 to 20 ppm, and 21 to 95 ppm. You may omit any of these ranges if you do not perform testing with fuel in that range. Calculate the maximum allowable difference between the average measured value and ARV for each applicable range as follows:
Δ max = 0.75 · σ max
(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 paragraph 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 Paragraph ( c )(3)( ii )—Accuracy Criteria for Qualifying Alternative Procedures With Diesel Fuel and Diesel-Related Blendstocks and Additives
(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 procedure identified in § 1090.1360(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. For all testing, apply the correlation equation to adjust measured values to be statistically consistent to measuring with the reference test method.
(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 laboratories 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.
(2) Demonstrate at your laboratory that the alternative procedure meets the accuracy criteria specified in paragraph (c) of this section.
(3) Send EPA 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 (e)(1) and (2) of this section.
(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 (e)(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 either 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 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 in § 1090.1360(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)(3) 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.
(ii) The auditor must send you a report describing their inspection of your laboratories and their 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 provide those records to EPA upon request.
(8) Send EPA a written request to use the alternative procedure. Include the specified information and any additional information EPA needs to evaluate your request.
(g) 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.
§ 1090.1370   Qualifying criteria for reference installations.
(a) A reference installation refers to a laboratory that uses the referee procedure specified in § 1090.1360(d) to evaluate the accuracy of alternative procedures for method-defined parameters, by comparing measured values to companion tests using one of the referee procedures in § 1090.1360(d). This evaluation may result in an equation to correlate results between the two procedures. Once a laboratory qualifies as a reference installation, that qualification is valid for five years from the qualifying date, consistent with good laboratory practices.
(b) You may qualify a reference installation for VCSB procedures by participating in an interlaboratory crosscheck program with at least 16 separate measurements that are not identified as outliers. This presumes that the results for the candidate reference installation are not outliers.
(c) You may qualify a reference installation for VCSB or non-VCSB procedures based on the following measurement protocol:
(1) Use the precision testing procedure specified in § 1090.1365(b) to show that your standard deviation for tests using the reference test method is at or below 0.3 times the reproducibility for a given fuel parameter.
(2) You must correlate your test results for a given fuel parameter against the accepted reference values from a monthly crosscheck program based on Section 6.2.2.1 and Note 7 of ASTM D6299 (incorporated by reference in § 1090.95) as follows:
(i) If there are multiple fuels available from the crosscheck program, select the fuel that has the closest value to the standard. If there is no standard for a given fuel parameter, select the fuel with values for the fuel parameter that best represent typical values for fuels you test.
(ii) Measure the fuel parameter for the crosscheck fuel at your laboratory using the appropriate referee procedure. Calculate a mean value that includes all your repeat measurements.
(iii) Determine the mean value from the crosscheck program and calculate the difference between this value and the mean value from your 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 § 1090.1365(c)(3)(ii) 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 § 1090.1365(c)(3)(ii) 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. 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 as meeting the requirement to be in statistical quality control for at least 5 months.
§ 1090.1375   Quality control procedures.
This section specifies ongoing quality testing requirements as part of the Performance-based Measurement System specified in § 1090.1360.
(a) General provisions. You must perform testing to show that your laboratory meets specified precision and accuracy criteria as follows:
(1) The testing requirement applies for the referee procedures in § 1090.1360(d) and for alternate procedures that are qualified or approved under § 1090.1365. The testing requirements apply separately for each test instrument at each laboratory.
(2) If you fail to conduct specified testing, your test instrument is not qualified for measuring fuel parameters to demonstrate compliance with the standards and other specifications of this part until you perform this testing. Similarly, if your test instrument fails to meet the specified criteria, it is not qualified for measuring fuel parameters to demonstrate compliance with the standards and other specifications of this part until you make the necessary changes to your test instrument and perform testing to show that the test instrument again meets the specified criteria.
(3) If you perform major maintenance such as overhauling an instrument, confirm that the instrument still meets precision and accuracy criteria before you start testing again based on the procedures specified in ASTM D6299 (incorporated by reference in § 1090.95).
(4) Keep records to document your testing under this section for 5 years.
(b) Precision demonstration. Show that you meet precision criteria as follows:
(1) Meeting the precision criteria of this paragraph (b) qualifies your test instrument for performing up to 20 tests or 7 days, whichever is less. Include all tests except for testing to meet precision or accuracy requirements.
(2) Perform precision testing using the control-chart procedures in ASTM D6299. If you opt to use procedure 2A (Q-Procedure) or 2B (dynamically updated exponentially weighted moving average), 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.
(3) Use I charts and MR charts as specified in ASTM D6299 to show that the standard deviation for the test instrument meets the precision criteria specified in § 1090.1365(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 VCSB at least 3 times per year.
(1) Meeting the accuracy criteria of this paragraph (c) qualifies your test instrument 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:
(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 using the protocol in ASTM D6299 at a reference installation as specified in § 1090.1370.
(iii) You must send EPA a fuel sample from every twentieth batch of gasoline or diesel fuel and identify the procedures and corresponding test results from your testing. EPA may return one of your samples to you for further testing; if this occurs, 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:
Table 1 to Paragraph (c)(4)—Criteria for Qualifying Alternative Procedures
1 ASTM specifications are incorporated by reference, see § 1090.95.
2 Calculate reproducibility using the average value determined from testing. Use units as specified in § 1090.1350(c).
§ 1090.1390   Requirement for Automated Detergent Blending Equipment Calibration.
(a) An automated detergent blending facility must calibrate their automated detergent blending equipment once in each calendar half-year, with the acceptable calibrations being no less than 120 days apart.
(b) Equipment recalibration is also required each time the detergent package is changed, unless written documentation indicates that the new detergent package has the same viscosity as the previous detergent package. Calibrating after changing the detergent package may be used to satisfy the semiannual recalibration requirement in paragraph (a) of this section, provided that the calibrations occur in the appropriate calendar half-year and are no less than 120 days apart.
§ 1090.1395   Gasoline deposit control test procedures.
A gasoline detergent manufacturer must perform testing using one of the methods specified in this section to establish the lowest additive concentration (LAC) for the detergent.
(a) Top Tier-Based Test Method. Use the procedures specified in ASTM D6201 (incorporated by reference 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 must not come from chemical grade streams. Butane and pentane may be added to adjust vapor pressure. The base fuel should include any nondetergent additives typical of commercially available fuel if they may positively or negatively affect deposit formation. In addition, the base fuel must have the following properties:
(i) 8.0-10.0 volume percent DFE that meets the requirements in § 1090.270 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. A base fuel with typical nondetergent additives, such as antioxidants, corrosion inhibitors, and metal deactivators, may be used.
(2) Perform the 100-hour test for intake valve deposits with the base fuel to demonstrate that the intake valves accumulate at least 500 mg on average. If the test engine fails to accumulate enough deposits, make any necessary adjustments and repeat the test. This demonstration is valid for any further detergent testing with the same base fuel.
(3) Repeat the test on the same engine with a specific concentration of detergent added to the base fuel. If the test results in less than 50 mg average per intake valve, the tested detergent concentration is the LAC for the detergent.
(b) CARB Test Method. Use the procedures specified by CARB in Title 13, California Code of Regulations, section 2257 (incorporated by reference in § 1090.95).
(1) A detergent tested under this option or certified under 40 CFR 80.163(d) prior to January 21, 2021, may be used at the LAC specified for use in the state of California in any gasoline in the United States.
(2) 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.
(c) EPA BMW method. Use the procedures specified in ASTM D5500 (incorporated by reference in § 1090.95), as follows:
(1) Prepare the test fuel with the following specification:
(i) Sulfur—minimum 340 ppm.
(ii) T90—minimum 171 °C.
(iii) Olefins—minimum 11.4 volume percent.
(iv) Aromatics—minimum 31.1 volume percent.
(v) Ethanol—minimum 10 volume percent.
(vi) Sulfur, T90, olefins, and aromatics specifications must be met before adding ethanol.
(vii) Di-tert-butyl disulfide may be added to the test fuel.
(2) The duration of testing may be less than 10,000 miles. Measured deposits must meet the following specified values to qualify the test fuel and establish a detergent's LAC:
(i) Measured deposits for the fuel without detergent must be at least 290 mg per valve on average.
(ii) Measured deposits for the fuel with detergent must be less than 100 mg per valve on average.
(d) Alternative test methods. (1) An EPA-approved alternative test method may be used if the alternative test method can be correlated to any of the methods specified in paragraphs (a) through (c) of this section.
(2) Information describing the alternative test method and analysis demonstrating correlation must be submitted for EPA approval as specified in § 1090.10.
§ 1090.1400   General provisions.
(a) Program plan approval process. (1) A program plan that complies with the requirements in § 1090.1415 or § 1090.1450 must be submitted to EPA no later than October 15 of the year preceding the calendar year in which the program will be conducted.
(2) The program plan must be signed by an RCO of the independent surveyor conducting the program.
(3) The program plan must be submitted as specified in § 1090.10.
(4) EPA will send a letter to the party submitting the program plan that indicates whether EPA approves or disapproves the plan.
(b) Independent surveyor contract. (1) No later than December 15 of the year preceding the year in which the survey will be conducted, the contract with the independent surveyor must be in effect, and the amount of compensation necessary to carry out the entire survey plan must either be paid to the independent surveyor or placed into an escrow account with instructions to the escrow agent to remit the compensation to the independent surveyor during the course of the survey plan.
(2) No later than December 31 of the year preceding the year in which the survey will be conducted, EPA must receive a copy of the contract with the independent surveyor and proof that the compensation necessary to carry out the survey plan has either been paid to the independent surveyor or placed into an escrow account. If placed into an escrow account, a copy of the escrow agreement must be sent to EPA.
§ 1090.1405   National fuels survey program.
(a) Program participation. (1) A gasoline manufacturer that elects to account for oxygenate added downstream under § 1090.710 must participate in the national fuels survey program (NFSP) specified in this paragraph (b) of this section.
(2) A party required to participate in an E15 survey under § 1090.1420(a) must participate in the NFSP specified in paragraph (b) of this section or a survey program approved by EPA under § 1090.1420(b) or (c).
(3) Other parties may elect to participate in the NFSP for purposes of establishing an affirmative defense against violations of requirements and provisions under this part as specified in § 1090.1720.
(b) Program requirements. The NFSP must meet all the following requirements:
(1) The survey program must be planned and conducted by an independent surveyor that meets the independence requirements in § 1090.55 and the requirements specified in § 1090.1410.
(2) The survey program must be conducted by collecting samples representative of gasoline and diesel retail outlets in the United States as specified in § 1090.1415.
§ 1090.1410   Independent surveyor requirements.
The independent surveyor conducting the NFSP must meet all the following requirements:
(a) Submit a proposed survey program plan under § 1090.1415 to EPA for approval for each calendar year.
(b)(1) Obtain samples representative of the gasoline and diesel fuel (including diesel fuel made available at retail to nonroad vehicles, engines, and equipment) 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 to allow samples to be taken.
(2) Obtain the number of samples representative of the number of gasoline retail outlets offering E15.
(3) Collect samples of gasoline produced at blender pump using “method 1” specified in NIST Handbook 158 (incorporated by reference, see § 1090.95). All other samples of gasoline and diesel fuel must be collected using the methods specified in subpart N of this part.
(4) Samples must be shipped via ground service to an EPA-approved laboratory within 2 business days of being collected.
(c) Test, or arrange to be tested, the collected samples, as follows:
(1) Gasoline samples must be analyzed for oxygenate content, sulfur content, and benzene content. Gasoline samples collected from June 1 through September 15 must also be analyzed for RVP.
(2) A subset of gasoline samples, as determined under § 1090.1415(e)(3), must also be analyzed for aromatics content, olefins content, and distillation parameters.
(3) Diesel samples must be analyzed for sulfur content.
(4) All samples must be tested by an EPA-approved laboratory using the test methods specified in subpart N of this part.
(5) All testing must be completed by the EPA-approved laboratory within 10 business days after receipt of the sample.
(d) Verify E15 labeling requirements at gasoline retail outlets that offer E15 for sale.
(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 the downstream sulfur per-gallon standard in § 1090.205(c).
(2) A test result for a gasoline sample yields an RVP result that exceeds the applicable RVP standard in § 1090.215.
(3) A test result for a diesel sample yields a sulfur content result that exceeds the sulfur standard in § 1090.305(b).
(4) A test result for a gasoline sample identified as “E15” yields an ethanol content result that exceeds 15 volume percent.
(5) A test result for a gasoline sample not identified as “E15” yields an ethanol content of more than 10 volume percent ethanol.
(f) Provide quarterly and annual summary reports that include the information specified in § 1090.925(b) and (c), respectively.
(g) Keep records related to the NFSP as specified in § 1090.1245(b)(1).
(h) Submit contracts to EPA as specified in § 1090.1400(b).
(i) Permit any representative of EPA to monitor at any time the conducting of the survey, including sample collection, transportation, storage, and analysis.
§ 1090.1415   Survey program plan design requirements.
The survey program plan must include all the following:
(a) Number of surveys. The survey program plan must include 4 surveys each calendar year that occur during the following time periods:
(1) One survey during the period of January 1 through March 31.
(2) One survey during the period of April 1 through June 30.
(3) One survey during the period of July 1 through September 30.
(4) One survey during the period of October 1 through December 31.
(b) Sampling areas. The survey program plan must include sampling in all sampling strata during each survey. These sampling strata must be further divided into discrete sampling areas or clusters. Each survey must include sampling in at least 40 sampling areas in each stratum that are randomly selected.
(c) No advance notice of surveys. The survey program plan must include procedures to keep the identification of the sampling areas that are included in the plan confidential from any participating party prior to the beginning of a survey in an area. However, this information must not be kept confidential from EPA.
(d) 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) For any gasoline or diesel retail outlet from which a sample of gasoline or diesel was collected during a survey and 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 E15 must be collected at each gasoline retail outlet when E15 is present, and separate samples must be taken that represent the gasoline contained in each storage tank at the gasoline retail outlet unless collection of separate samples is not practicable.
(4) At least one sample 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 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 program plan for each calendar year is calculated as follows:
(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 F a , F b , and Su n parameters.
(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 NFSP must be approved annually as part of the survey program plan approval process in § 1090.1400(a). In the survey program plan submitted to EPA, the independent surveyor must include the following information regarding any laboratory they intend 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 crosscheck program for the most recent 12 months prior to submission of the survey program plan.
(g) Submission. Survey program plans submitted under this section must be approved annually under § 1090.1400(a).
§ 1090.1420   Additional requirements for E15 misfueling mitigation surveying.
(a) E15 misfueling mitigation survey requirement. (1) Any gasoline manufacturer, oxygenate blender, or oxygenate producer that produces, introduces into commerce, sells, or offers for sale E15, gasoline, BOB, DFE, or gasoline-ethanol blended fuel that is intended for use in or as E15 must comply with either survey program Option 1 (as specified in paragraph (b) of this section) or Option 2 (as specified in paragraph (c) of this section).
(2) For an oxygenate producer that produces or imports DFE, the DFE is deemed as intended for use in E15 unless the oxygenate producer demonstrates that it was not intended for such use. The oxygenate producer may demonstrate, at a minimum, that DFE is not intended for use in E15 by including language on PTDs stating that the DFE is not intended for use in E15, entering into contracts with oxygenate blenders to limit the use of their DFE to gasoline-ethanol blended fuels of no more than 10 volume percent, and 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. The gasoline manufacturer, oxygenate blender, or oxygenate producer must properly conduct a survey program in accordance with a survey program plan that has been approved by EPA in all areas that may be reasonably expected to be supplied with their gasoline, BOB, DFE, or gasoline-ethanol blended fuel. Such approval must be based on a survey program plan that meets all the following requirements:
(1) The survey program must consist of at least quarterly surveys that occur during the following time periods in every year during which the gasoline manufacturer, oxygenate blender, or oxygenate producer introduces E15 into commerce:
(i) One survey during the period of January 1 through March 31.
(ii) One survey during the period of April 1 through June 30.
(iii) One survey during the period of July 1 through September 30.
(iv) One survey during the period of October 1 through December 31.
(2) The survey program plan must meet all the requirements of this subpart, except for §§ 1090.1405(a) and (b)(2), 1090.1410(c)(2) and (3), and 1090.1415(b), (d)(1), (2), and (4), and (e). In lieu of meeting these sections, the survey program plan 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. The gasoline manufacturer, oxygenate blender, or oxygenate producer must participate in the NFSP under § 1090.1405.
§ 1090.1450   National sampling and testing oversight program.
(a) Program participation. (1) Except for a gasoline manufacturer that has an approved in-line blending waiver under § 1090.1315 that covers all gasoline produced at their facility, a gasoline manufacturer that elects to account for oxygenate added downstream under § 1090.710 must participate in the national sampling and testing oversight program (NSTOP) in this section.
(2) Other gasoline manufacturers may elect to participate in the NSTOP for purposes of establishing an affirmative defense to a violation under § 1090.1720. A gasoline manufacturer that has an approved in-line blending waiver under § 1090.1315 does not need to participate in the NSTOP in order to establish an affirmative defense to a violation under § 1090.1720.
(3) A gasoline manufacturer that elects to participate in the NSTOP must test, or arrange to be tested, samples collected from their gasoline manufacturing facilities as specified in paragraph (c)(2) of this section and report results to the independent surveyor within 10 business days of the date that the sample was collected.
(b) Program requirements. The NSTOP must meet all the following requirements:
(1) The NSTOP must be planned and conducted by an independent surveyor that meets the independence requirements in § 1090.55 and the requirements of paragraph (c) of this section.
(2) The NSTOP must be conducted at each gasoline manufacturing facility from all participating gasoline manufacturers.
(c) Independent surveyor requirements. The independent surveyor conducting the NSTOP must meet all the following requirements:
(1) Submit a proposed NSTOP plan that meets the requirements of paragraph (d) of this section to EPA for approval each calendar year.
(2)(i) Obtain at least one sample representing summer gasoline and one sample representing winter gasoline for each participating gasoline manufacturing facility. If the fuel manufacturer only produces fuel during either the summer or winter season, obtain at least one sample during the season that the fuel manufacturer produces fuel.
(ii)(A) Observe the gasoline manufacturer collect at least one sample representing each gasoline required under paragraph (c)(2)(i) of this section for each participating gasoline manufacturing facility and evaluate whether the gasoline manufacturer collected representative sample(s) in accordance with applicable sampling procedures specified in § 1090.1335. Immediately notify EPA and the gasoline manufacturer if the applicable sampling procedures are not followed.
(B) 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.
(C) 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. A gasoline manufacturer that refuses to allow the independent surveyor to take portions of collected samples is no longer considered by EPA to be participating in the NSTOP and must not account for oxygenate added downstream under § 1090.710.
(iv) Samples must be retained by the independent surveyor as specified in § 1090.1345(a)(1).
(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 (c)(2) of this section as follows:
(i) Winter gasoline samples must be analyzed for oxygenate content, sulfur content, benzene content, distillation parameters, aromatics, and olefins.
(ii) Summer gasoline samples must be analyzed for oxygenate content, sulfur content, benzene content, distillation parameters, aromatics, olefins, and RVP.
(iii) All samples must be tested by an EPA-approved laboratory using test methods specified in subpart N of this part.
(iv) All analyses must be completed by the EPA-approved laboratory within 10 business days after receipt of the sample.
(v) A gasoline manufacturer must analyze gasoline samples for sulfur content, benzene content, and for summer gasoline, RVP.
(4) Using procedures specified in the 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 that exceeds the fuel manufacturing facility gate sulfur per-gallon standard in § 1090.205(b).
(ii) A test result for a gasoline sample yields an RVP that exceeds the applicable RVP standard in § 1090.215.
(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 collected under 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 notify 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 N of this part.
(7) Provide quarterly reports to EPA that include the information specified in § 1090.925(d).
(8) Keep records related to the NSTOP as specified in § 1090.1245(b)(3).
(9) Submit contracts to EPA as specified in § 1090.1400(b).
(10) Review the test performance index and precision ratio for each method and instrument the laboratory used to test the gasoline samples collected under this section as follows:
(i) For each test method and instrument, the surveyor must obtain the relevant records from the gasoline manufacturer to determine the site precision, either from an inter-laboratory crosscheck program or from ASTM D6299 (incorporated by reference in § 1090.95).
(ii) Using relevant information obtained from the gasoline manufacturers, the surveyor must determine the appropriate Test Performance Index (TPI) and Precision Ratio (PR) from Table 2 Guidelines for Action Based on TPI in ASTM D6792 (incorporated by reference in § 1090.95).
(iii) A gasoline manufacturer must supply copies of the necessary information to the independent surveyor to review the TPI and PR for each method and instrument used to test the gasoline samples collected under this section.
(11) Permit any representative of EPA to monitor at any time the conducting of the NSTOP, including sample collection, transportation, storage, and analysis.
(d) NSTOP plan requirements. The NSTOP plan specified in paragraph (c)(1) of this section must include, at a minimum, all the following:
(1) Advance notice of sampling. The NSTOP plan must include procedures on how to keep the identification of the gasoline manufacturing facilities included in the NSTOP plan confidential with minimal advanced notification from any participating gasoline manufacturer prior to collecting a sample. However, this information must not be kept confidential from EPA.
(2) Gasoline manufacturing facility selection. (i) Each participating gasoline manufacturing facility must be sampled at least once during each season they produce fuel. The plan must demonstrate how these facilities will be randomly selected within the summer and winter seasons.
(ii) In addition to the summer and winter season samples collected at each participating gasoline manufacturing facility, additional oversight samples are required under paragraph (d)(3)(ii) of this section. The independent surveyor must identify how these samples will be randomly distributed among participating gasoline manufacturing facilities.
(3) Number of samples. (i) The number of gasoline manufacturing facilities to be sampled must be calculated for the total number of samples to be collected for the next calendar year as part of the NSTOP plan.
(ii) The minimum number of samples to be included in the NSTOP plan for each calendar year is calculated as follows:
(4) Laboratory designation. Any laboratory that the independent surveyor intends to use to test samples collected as part of the NSTOP must be approved annually as part of the program plan approval process in § 1090.1400(a). The independent surveyor must include the following information regarding each 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) Records demonstrating the laboratory's performance in a laboratory crosscheck 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 gasoline manufacturing facilities.
(6) Notification of test results. The NSTOP plan must include a description of how the independent surveyor will notify EPA and gasoline manufacturers of test results under paragraph (c)(4) of this section.
(7) Submission. NSTOP plans submitted under this section must be approved annually under § 1090.1400(a).
§ 1090.1500   Overview.
(a) A retailer or WPC must comply with the labeling requirements in §§ 1090.1510 and 1090.1515, as applicable, and the refueling hardware requirements in §§ 1090.1550 through 1090.1565, as applicable.
(b) An alternative label design to those specified in this subpart may be used if the design is approved by EPA prior to use and meets all the following requirements:
(1) The alternative label must be similar in substance and appearance to the EPA-required label.
(2) The alternative label must contain the same informational elements as the EPA-required label.
(3) The alternative label must be submitted as specified in § 1090.10.
§ 1090.1510   E15 labeling provisions.
Any retailer or WPC dispensing E15 must apply a label to the fuel dispenser as follows:
(a) Position the label to clearly identify which control the consumer will use to select E15. If the dispenser is set up to dispense E15 without the consumer taking action to select the fuel, position the label on a vertical surface in a prominent place, approximately at eye level.
(b) Figure 1 of this paragraph shows the required content and formatting. Use black letters on an orange background for the lower portion and the diagonal “Attention” field and use orange letters on a black background for the rest of the upper portion. Font size is shown in Figure 1. Set vertical position and line spacing as appropriate for each field. Dimensions are nominal values.
§ 1090.1515   Diesel sulfur labeling provisions.
A retailer or WPC dispensing heating oil, 500 ppm LM diesel fuel, or ECA marine fuel must apply labels to fuel dispensers as follows:
(a) Labels must be in a prominent location where the consumer will select or dispense either the corresponding fuel or heating oil. The label content must be in block letters of no less than 24-point bold type, printed in a color contrasting with the background.
(b) Labels must include the following statements, or equivalent alternative statements approved by EPA:
(1) For dispensing heating oil along with any kind of diesel fuel for any kind of engine, vehicle, or equipment, apply the following label:
Federal law prohibits use in highway vehicles or engines, or in nonroad, locomotive, or marine diesel engines.
Its use may damage these diesel engines.
(2) For dispensing 500 ppm LM diesel fuel, apply the following label:
Federal law prohibits use in nonroad engines or in highway vehicles or engines.
(3) For dispensing ECA marine fuel, apply the following label:
For use in Category 3 (C3) marine vessels only.
Federal law prohibits use in any engine that is not installed in a C3 marine vessel; use of fuel oil with a sulfur content greater than 1,000 ppm in an ECA is prohibited except as allowed by 40 CFR part 1043.
Note: If a pump dispensing 500 ppm LM diesel fuel is labeled with the “LOW SULFUR LOCOMOTIVE AND MARINE DIESEL FUEL (500 ppm Sulfur Maximum)” label, the retailer or WPC does not need to replace this label.
§ 1090.1550   Requirements for gasoline dispensing nozzles used with motor vehicles.
The following requirements apply for any nozzle installation used for dispensing gasoline into motor vehicles:
(a) Nozzles must meet the following hardware specifications:
(1) The outside diameter of the terminal end must not be greater than 21.3 mm.
(2) The terminal end must have a straight section of at least 63 mm.
(3) The retaining spring must terminate at least 76 mm from the terminal end.
(b) The dispensing flow rate must not exceed a maximum value of 10 gallons per minute. The flow rate may be controlled through any means in the pump/dispenser system, as long as it does not exceed the specified maximum value.
§ 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).
(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 that meets the requirements of 40 CFR 86.1813-17(f)(1).
(b) Determine the amount of natural gas vented using calculations based on the geometric shape of the nozzle and hose.
§ 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 cm 3 dead space from which liquefied petroleum gas will be released when the nozzle disconnects from the vehicle.
(b) Determine the volume of the nozzle cavity using calculations based on the geometric shape of the nozzle, with an assumed flat surface where the nozzle face seals against the vehicle.
§ 1090.1600   General provisions for importers.
(a) This subpart contains provisions that apply to any person who imports fuel, fuel additive, or regulated blendstock.
(b)(1) Except as specified in paragraph (b)(2) of this section, all applicable gasoline and diesel standards in subparts C and D of this part apply to imported gasoline and diesel.
(2) A gasoline importer that imports gasoline at multiple import facilities must comply with the gasoline average standards in §§ 1090.205(a) and 1090.210(a) as specified in § 1090.705(b), unless the importer complies with the provisions of § 1090.1610 to meet the alternative per-gallon standards for rail and truck imports specified in §§ 1090.205(d) and 1090.210(c).
(c) An importer must separately comply with any applicable certification or other requirements for U.S. Customs.
(d) Alternative testing requirements for an importer that imports gasoline or diesel fuel by rail or truck are specified in § 1090.1610.
§ 1090.1605   Importation by marine vessel.
An importer that imports fuel, fuel additive, or regulated blendstock using a marine vessel must comply with the requirements of this section.
(a) The importer must certify each fuel, fuel additive, or regulated blendstock imported at each port, unless the fuel is certified at the first port of entry in the United States and then transported by the same vessel to subsequent ports without picking up additional fuel.
(b) Except as specified in paragraph (d) of this section, the importer must certify each fuel, fuel additive, or regulated blendstock while it is on-board the vessel used to transport it to the United States. Certification sampling must be performed after the vessel's arrival at the port where the fuel, fuel additive, or regulated blendstock will be offloaded.
(1) The importer must sample each compartment of the vessel and use one of the following methods to meet testing requirements:
(i) Treat each compartment as a separate batch.
(ii) Combine samples from separate compartments into a single, vessel volumetric composite sample using the procedures in Section 9.2.4 of ASTM D4057 (incorporated by reference in § 1090.95). Test results from the composite sample are valid only after samples are collected from each affected compartment and homogeneity is demonstrated for all samples as specified in § 1090.1337.
(2) The importer must ensure that all applicable per-gallon standards are met before offloading the fuel, fuel additive, or regulated blendstock.
(3) The importer must not rely on testing conducted by a foreign supplier.
(c) Once the fuel, fuel additive, or regulated blendstock on a vessel has been certified under paragraph (b) of this section, it may be transferred to shore tanks using smaller vessels or barges (lightered) as a certified fuel, fuel additive, or regulated blendstock. These lightering transfers may be to terminals located in any harbor and are not restricted to terminals located in the harbor where the vessel is anchored. For example, certified gasoline could be transferred from an import vessel 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 scenario, transfers of certified gasoline to a lightering vessel must be accompanied by PTDs that meet the requirements of subpart L of this part.
(d) As an alternative to paragraphs (b) and (c) of this section, the importer may offload fuel, fuel additive, or regulated blendstock into shore tanks that contain the same fuel, fuel additive, or regulated blendstock if the importer meets the following requirements:
(1) For gasoline, the importer must offload gasoline into one or more empty shore tanks or tanks containing PCG that the importer owns.
(i) If the importer offloads gasoline into one or more empty shore tanks, they must sample and test the sulfur content and benzene content, and for summer gasoline, RVP, of each shore tank into which the gasoline was offloaded.
(ii) If the importer offloads gasoline 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 content and benzene content, and report this PCG as a negative batch as specified in § 1090.905(c)(3)(i). After offloading the gasoline into the shore tanks, the importer must sample and test the sulfur content, benzene content, and for summer gasoline, RVP, of each shore tank into which the gasoline was offloaded and report the volume, sulfur content, and benzene content as a positive batch.
(iii) Include the PCG in the shore tank before offloading and the volume and properties after offloading in compliance calculations as specified in § 1090.700(d)(4)(i).
(iv) The sample retention requirements in § 1090.1345 apply to the samples taken prior to offloading and those taken after offloading.
(2) For all other fuel, fuel additive, or regulated blendstock, the importer must sample and test the fuel, fuel additive, or regulated blendstock in each shore tank into which it was offloaded. The importer must ensure that all applicable per-gallon standards are met before the fuel, fuel additive, or regulated blendstock is shipped from the shore tank.
§ 1090.1610   Importation by rail or truck.
(a) An importer that imports fuel, fuel additive, or regulated blendstock by rail or truck must meet the sampling and testing requirements of subpart N of this part by sampling and testing each compartment of the truck or railcar unless they do one of the following:
(1) Use supplier results. The importer may rely on test results from the supplier for fuel, fuel additive, or regulated blendstock imported by rail or truck if the importer meets all the following requirements:
(i) The importer obtains documentation of test results from the supplier for each batch of fuel, fuel additive, or regulated blendstock in accordance with the following requirements:
(A) The testing includes measurements for all the fuel parameters specified in § 1090.1310 using the measurement procedures specified in § 1090.1350.
(B) Testing for a given batch occurs after the most recent delivery into the supplier's storage tank and before transferring the fuel, fuel additive, or regulated blendstock to the railcar or truck.
(ii) The importer conducts testing to verify test results from each supplier as follows:
(A) Collect a sample at least once every 30 days or every 50 rail or truckloads from a given supplier, whichever is more frequent. Test the sample as specified in paragraphs (a)(1)(i)(A) and (B) of this section.
(B) Treat importation of each fuel, fuel additive, or regulated blendstock separately, but treat railcars and truckloads together if the fuel, fuel additive, or regulated blendstock is imported from a given supplier by rail and truck.
(2) Certify in a storage tank. The importer may transfer the fuel, fuel additive, or regulated blendstock imported by rail or truck into storage tanks that also contain the same product if the importer meets the following requirements:
(i) For gasoline, the importer transfers gasoline into one or more empty tanks or tanks containing PCG that the importer owns.
(A) If the importer transfers gasoline into one or more empty tanks, they must sample and test the sulfur content, benzene content, and for summer gasoline, RVP, of each tank into which the gasoline was transferred.
(B) If the importer transfers gasoline into one or more tanks containing PCG, they must sample the PCG already in the tank prior to transferring gasoline from the truck or train, test the sulfur content and benzene content, and report this PCG as a negative batch as specified in § 1090.905(c)(3)(i). After transferring the gasoline into the tanks, the importer must sample and test the sulfur content, benzene content, and for summer gasoline, RVP, of each tank into which the gasoline was transferred and report the volume, sulfur content, and benzene content as a positive batch.
(C) Include the PCG in the tank before transferring and the volume and properties after transferring in compliance calculations as specified in § 1090.700(d)(4)(i).
(D) The sample retention requirements in § 1090.1345 apply to the samples taken prior to transferring and those taken after transferring.
(ii) For all other fuel, fuel additive, or regulated blendstock, the importer must sample and test the fuel, fuel additive, or regulated blendstock in each tank into which it was transferred. The importer must ensure that all applicable per-gallon standards are met before the fuel, fuel additive, or regulated blendstock is shipped from the tank.
(b) If an importer that elects to comply with paragraph (a)(1) or (2) of this section fails to meet the applicable requirements, they must meet the sampling and testing requirements of subpart N of this part for each compartment of the truck or railcar until EPA determines that the importer has adequately addressed the cause of the failure.
§ 1090.1615   Gasoline treated as a blendstock.
(a) An importer may exclude GTAB from their compliance calculations if they meet all the following requirements:
(1) The importer reports the GTAB to EPA under § 1090.905(c)(7).
(2) The GTAB is treated as blendstock at a related gasoline manufacturing facility that produces gasoline using the GTAB.
(3) The related gasoline manufacturing facility must report the gasoline produced using the GTAB and must include the gasoline produced using the GTAB in their compliance calculations.
(b) After importation, the title of the GTAB must not be transferred to another party until the GTAB has been either certified as gasoline under subpart K of this part or used to produce gasoline that meets all applicable standards and requirements under this part.
(c) The facility at which the GTAB is used to produce gasoline must be physically located at either the same terminal at which the GTAB first arrives in the United States, the import facility, or at a facility to which the GTAB is directly transported from the import facility.
(d)(1) The importer must treat the GTAB as if it were imported gasoline and complete all requirements for a gasoline manufacturer under § 1090.105(a) (except for the sampling, testing, and sample retention requirements in § 1090.105(a)(6)) for the GTAB at the time it is imported.
(2) Any GTAB that ultimately is not used to produce gasoline ( e.g., a tank bottom of GTAB) must be treated as newly imported gasoline and must meet all applicable requirements for imported gasoline.
§ 1090.1650   General provisions for exporters.
Except as specified in this section and in subpart G of this part, fuel produced, imported, distributed, or offered for sale in the United States is subject to the standards and requirements of this part.
(a) Fuel designated for export by a fuel manufacturer is not subject to the standards in this part, provided all the requirements in § 1090.645 are met.
(b) Fuel not designated for export may be exported without restriction. However, the fuel remains subject to the provisions of this part while in the United States. For example, fuel designated as ULSD must meet the applicable sulfur standards under this part even if it will later be exported.
(c) Fuel that has been classified as American Goods Returned to the United States by the U.S. Customs Service under 19 CFR part 10 is not considered to be imported for purposes of this part, provided all the following requirements are met:
(1) The fuel was produced at a fuel manufacturing facility located within the United States and has not been mixed with fuel produced at a fuel manufacturing facility located outside the United States.
(2) The fuel must be included in compliance calculations by the producing fuel manufacturer.
(3) All the fuel that was exported must ultimately be classified as American Goods Returned to the United States and none may be used in a foreign country.
(4) No fuel classified as American Goods Returned to the United States may be combined with any fuel produced at a foreign fuel manufacturing facility prior to reentry into the United States.
§ 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 under this part to determine whether a given fuel, fuel additive, or regulated blendstock meets any applicable standard. However, EPA may also use any other evidence or information to make this determination if the evidence or information supports the conclusion that the fuel, fuel additive, or regulated blendstock would fail to meet one or more of the parameter specifications in this part if the appropriate sampling and testing methodology had been correctly performed. Examples of other relevant information include business records, commercial documents, and measurements with alternative procedures.
(2) Testing to determine noncompliance with this part may occur at any location and be performed by any party.
(b) Determinations of compliance with the requirements of this part other than the fuel, fuel additive, or regulated blendstock standards, and determinations of liability for any violation of this part, may be based on information from any source or location. Such information may include, but is not limited to, business records and commercial documents.
§ 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 each day of such violation and the amount of economic benefit or savings resulting from the violation.
(b)(1) Any person liable for the violation of an average standard under this part is subject to a separate day of violation for each day in the compliance period.
(2) Any person liable under this part for a failure to fulfill any requirement for credit generation, transfer, use, banking, or deficit correction is subject to a separate day of violation for each day in any compliance period in which invalid credits are generated, transferred, used, or made available for use.
(c)(1) Any person liable under this part for a violation of a per-gallon standard, or for causing another party to violate a per-gallon standard, is subject to a separate day of violation for each day the non-complying fuel, fuel additive, or regulated blendstock remains any place in the distribution system.
(2) For the purposes of paragraph (c)(1) of this section, the length of time the fuel, fuel additive, or regulated blendstock that violates a per-gallon standard remained in the distribution system is deemed to be 25 days, unless a person subject to liability or EPA demonstrates by reasonably specific showings, by direct or circumstantial evidence, that the non-complying fuel, fuel additive, or regulated blendstock remained in the distribution system for fewer than or more than 25 days.
(d) Any person liable for failure to meet, or causing a failure to meet, any other provision of this part is liable for a separate day of violation for each day such provision remains unfulfilled.
(e) Failure to meet separate requirements of this part count as separate violations.
(f) Violation of any misfueling prohibition under this part counts as a separate violation for each day the noncompliant fuel, fuel additive, or regulated blendstock remains in any engine, vehicle, or equipment.
(g) The presumed values of fuel parameters in paragraphs (g)(1) through (6) of this section apply for cases in which any person fails to comply with the sampling or testing requirements and must be reported, unless EPA, in its sole discretion, approves a different value. EPA may consider any relevant information to determine whether a different value is appropriate.
(1) For gasoline: 339 ppm sulfur, 1.64 volume percent benzene, and 11 psi RVP.
(2) For diesel fuel: 1,000 ppm sulfur.
(3) For ECA marine fuel: 5,000 ppm sulfur.
(4) For the PCG portion for PCG by subtraction under § 1090.1320(a)(1): 0 ppm sulfur and 0 volume percent benzene.
(5) For fuel additives: 339 ppm sulfur.
(6) For regulated blendstocks: 339 ppm sulfur and 1.64 volume percent benzene.
§ 1090.1715   Liability provisions.
(a) Any person who violates any prohibited act or requirement in this part is liable for the violation.
(b) Any person who causes someone to commit a prohibited act under this subpart is liable for violating that prohibition.
(c) Any parent corporation is liable for any violation committed by any of its wholly-owned subsidiaries.
(d) Each partner to a joint venture, or each owner of a facility owned by two or more owners, is jointly and severally liable for any violation of this subpart that occurs at the joint venture facility or facility owned by the joint owners, or any violation of this part that is committed by the joint venture operation or any of the joint owners of the facility.
(e)(1) Any person that produced, imported, sold, offered for sale, dispensed, supplied, offered for supply, stored, transported, caused the transportation or storage of, or introduced into commerce fuel, fuel additive, or regulated blendstock that is in the storage tank containing fuel, fuel additive, or regulated blendstock that is found to be in violation of a per-gallon standard is liable for the violation.
(2) In order for a carrier to be liable under paragraph (e)(1) of this section, EPA must demonstrate by reasonably specific showing, by direct or circumstantial evidence, that the carrier caused the violation.
(f) If a fuel manufacturer's corporate, trade, or brand name is displayed at a facility where a violation occurs, the fuel manufacturer is liable for the violation. This also applies where the displayed corporate, trade, or brand name is from the fuel manufacturer's marketing subsidiary.