4320 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 1090 

[EPA–HQ–OAR–2024–0143; FRL–8513–01– 

OAR] 

RIN 2060–AV26 

Fuels Regulatory Streamlining 

Sampling and Testing Updates 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This action finalizes 

revisions, updates, and corrections to 

EPA’s streamlined fuel quality 

regulations. This action does not change 

the stringency of the existing fuel 

quality standards. 

DATES: Effective date. This rule is 

effective on July 1, 2025. The 

incorporation by reference of certain 

publications listed in this regulation is 

approved by the Director of the Federal 

Register as of July 1, 2025. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–OAR–2024–0143. All 

documents in the docket are listed on 

the https://www.regulations.gov 

website. Although listed in the index, 

some information is not publicly 

available, e.g., confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material is not available 

on the internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available electronically through https:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: Nick 

Parsons, Environmental Protection 

Agency, Office of Transportation and 

Air Quality, Assessment and Standards 

Division, 2000 Traverwood Drive, Ann 

Arbor, MI 48105; telephone number: 

(734) 214–4479; email address: 

parsons.nick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Does this action apply to me? 

Entities potentially affected by this 

action are those involved with the 

production, distribution, and sale of 

transportation fuels, including gasoline 

and diesel fuel. Potentially affected 

categories include: 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities potentially 

affected by this action. This table lists 

the types of entities that EPA is now 

aware could potentially be affected by 

this action. Other types of entities not 

listed in the table could also be affected. 

To determine whether your entity is 

affected by this action, you should 

carefully examine the applicability 

criteria in 40 CFR part 1090. If you have 

any questions regarding the 

applicability of this action to a 

particular entity, consult the person 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

Preamble acronyms and 

abbreviations. Throughout this 

document the use of ‘‘we,’’ ‘‘us,’’ or 

‘‘our’’ is intended to refer to EPA. We 

use multiple acronyms and terms in this 

preamble. While this list may not be 

exhaustive, to ease the reading of this 

preamble and for reference purposes, 

EPA defines the following terms and 

acronyms here: 

ARV accepted reference value 

BOB gasoline before oxygenate blending 

DFE denatured fuel ethanol 

EMTS EPA Moderated Transaction System 

GTAB gasoline treated as blendstock 

NFSP National Fuel Survey Program 

OFR Office of the Federal Register 

PBMS Performance-based Measurement 

System 

PCG previously certified gasoline 

RTC response to comments 

RVP Reid vapor pressure 

SQC statistical quality control 

TGP transmix gasoline product 

Table of Contents 

I. Background and Overview 

II. Sampling and Testing 

A. Determining the Volume of NonCompliant Fuel 

B. Requirements for In-Line Blending 

C. Process for Amending In-Line Blending 

Waivers 

D. Changes to Manual Sampling Provisions 

E. Homogeneity Samples Used for Batch 

Certification 

F. Retaining Samples 

G. Homogeneity Testing of PCG 

H. Precision and Accuracy Demonstration 

I. Excluding SQC Data Points 

J. Testing for Oxygenates in PCG Under 

Compliance by Subtraction 

K. Noncompliant Certified Butane or 

Certified Pentane Test Results 

III. Other Technical Amendments 

A. Definition of Batch 

B. Truthful Reporting 

C. Clarification of RVP Standard in Federal 

7.8 psi RVP Areas 

D. National Fuel Survey Program 

Notifications 

E. Fuel Certification With Domestic Marine 

Vessels 

F. Technical Corrections 

IV. Updates to the Boutique Fuels List 


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Category NAICSa Code Examples of Potentially Affected Entities 

Industry 211130 Natural gas liquids extraction and fractionation 

Industry 221210 Natural gas production and distribution 

Industry 324110 Petroleum refineries (including importers) 

Industry 325110 Butane and pentane manufacturers 

Industry 325193 Ethyl alcohol manufacturing 

Industry 325199 Manufacturers of gasoline additives 

Industry 424710 Petroleum bulk stations and terminals 

Industry 424720 Petroleum and petroleum products wholesalers 

Industry 457110,457120 Fuel retailers 

Industry 457210 Other fuel dealers 

Industry 486910 Natural gas liquids pipelines, refined petroleum products 

pipelines 

Industry 493190 Other warehousing and storage - bulk petroleum storage 

a North American Industry Classification System (NAICS). 
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 4321 

1 85 FR 78412. 2 40 CFR 1090.80. 3 40 CFR 1090.1335(e)(2). 

V. Statutory and Executive Order Reviews 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations and Executive Order 14096: 

Revitalizing Our Nation’s Commitment 

to Environmental Justice for All 

K. Congressional Review Act (CRA) 

VI. Amendatory Instructions 

VII. Statutory Authority 

I. Background and Overview 

On December 4, 2020, EPA finalized 

the Fuels Regulatory Streamlining Rule 

(‘‘streamlining rule’’) that replaced 

EPA’s prior gasoline, diesel fuel, and 

other fuel quality programs in 40 CFR 

part 80 with a new set of provisions and 

definitions in 40 CFR part 1090.1 Since 

that time, EPA found that several 

provisions in 40 CFR part 1090 require 

further correction or clarification to 

better align with current market 

practices; this action makes such 

changes. As further discussed in section 

VI, the regulatory text in this document 

includes both text that EPA is changing 

as well as text that EPA is republishing 

without change for context and clarity 

in keeping with new guidance by the 

Office of the Federal Register (OFR). 

EPA did not reopen for comment any of 

the unchanged text. Specifically, EPA 

did not reopen any fuel quality standard 

(e.g., the sulfur, benzene, and Reid 

vapor pressure (RVP) standards for 

gasoline in 40 CFR part 1090, subpart C, 

or the sulfur and cetane standards for 

diesel fuel in 40 CFR part 1090, subpart 

D); the general requirements that 

regulated parties register with EPA, 

maintain records, submit reports, etc.; or 

the general requirements for averaging, 

banking, and trading. 

This action makes amendments to two 

main areas of EPA’s fuel quality 

regulations. First, EPA is making minor 

revisions to provide clarity and 

flexibility to provisions that govern how 

fuel, fuel additives, and regulated 

blendstocks are sampled and tested to 

demonstrate compliance. Since 

finalizing the streamlining rule, EPA 

identified, with stakeholder input, 

several areas in the sampling and testing 

provisions that need further 

consideration and clarification. These 

areas include the in-line blending 

waiver provisions, instructions for 

collecting samples through automatic 

and manual sampling, the process for 

demonstrating homogeneity for 

certification testing, and requirements 

related to demonstrating the accuracy 

and precision of test methods. The 

sampling and testing amendments are 

discussed in section II. 

Second, EPA is making the following 

technical amendments, which are 

discussed in section III: 

• Clarification of definitions and 

general provisions. 

• Clarification of the truthful 

reporting requirement. 

• Clarification of the RVP standard in 

federal 7.8 psi RVP areas. 

• Adjustments to notifications under 

the National Fuel Survey Program 

(NFSP). 

• Addition of provisions to allow for 

certifying fuel loaded onto domestic 

marine vessels. 

• Numerous clarifications, 

corrections, and consistency edits to the 

regulations. 

Responses to comments received from 

stakeholders on the proposed rule can 

be found in the associated Response to 

Comments (RTC) document, available in 

the docket for this action. 

II. Sampling and Testing 

A. Determining the Volume of NonCompliant Fuel 

EPA is finalizing clarifications 

regarding how batches of fuel certified 

through automatic sampling will be 

treated when a test result indicates that 

a regulated parameter exceeds a pergallon standard to make it clear that the 

definition is consistent with EPA’s 

historic approach to per-gallon 

standards. A per-gallon standard is 

defined as ‘‘the maximum or minimum 

value for any parameter that applies to 

every volume unit of a specified fuel, 

fuel additive, or regulated blendstock.’’ 2

Whether fuel is produced and tested by 

in-line blending or in storage tanks, 

each gallon of fuel must meet all 

applicable per-gallon standards. EPA 

expects fuel manufacturers to apply a 

margin of safety to their production 

targets to ensure that all fuel meets all 

applicable per-gallon standards in 40 

CFR part 1090. 

The relevant regulations in the 

streamlining rule stated that ‘‘[a] batch 

is noncompliant if any tested sample 

does not meet all applicable per-gallon 

standards.’’ 3 Since the streamlining rule 

was finalized in 2020, several 

stakeholders expressed concern that this 

language could be construed to mean 

that EPA would consider the entire 

volume of a batch produced by in-line 

blending to be in violation of a pergallon standard whenever any test result 

exceeded the per-gallon standard. To 

address this concern, EPA is finalizing 

the removal of the above-referenced 

language in 40 CFR 1090.1335(e)(2) and 

replacing it with new clarifying 

language in 40 CFR 1090.1335(b) and 

(c). Specifically, EPA is first modifying 

the manual-sampling provisions in 40 

CFR 1090.1335(b) to include the 

statement that ‘‘The entire batch volume 

is noncompliant if a sample fails to meet 

any applicable per-gallon standard.’’ 

This is intended to be consistent with 

the provision described above from 40 

CFR 1090.1335(e)(2). Second, EPA is 

modifying the automatic-sampling 

provisions in 40 CFR 1090.1335(c) to 

clarify that the entire batch volume is 

noncompliant if the composite sample 

fails to meet any applicable per-gallon 

standard. However, if an in-line sample 

fails to meet any applicable per-gallon 

standard, EPA would consider the 

volume of noncompliant fuel to be the 

volume starting with the last passing 

result before the failing result (or the 

start of the batch), up to the first passing 

result after the failing result (or the end 

of the batch). For example, if a head 

sample exceeds a standard, followed 

shortly by a middle sample with a valid 

passing result, the volume of 

noncompliant fuel would be limited to 

the portion of the batch preceding the 

middle sample with the passing result. 

Also, if the fuel manufacturer took an 

extra sample between the head and 

middle samples and determined that the 

extra sample had a passing result, that 

would further limit the volume of fuel 

considered noncompliant. 

This approach is intended to preserve 

EPA’s long-standing principle of 

requiring every tested sample to meet all 

applicable per-gallon standards, while 

allowing EPA to consider a portion of 

the in-line blended batch to be 

compliant based on tested samples that 

establish the boundaries of what should 

be considered noncompliant. As stated 

in the proposal, we believe this 

approach properly incentivizes fuel 

manufacturers both to design and 


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4322 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

4 40 CFR 1090.1315. 

5ASTM D4177–22e1, ‘‘Standard Practice for 

Automatic Sampling of Petroleum and Petroleum 

Products,’’ approved July 1, 2022. 

manage their processes to provide for 

appropriate compliance margins and to 

perform spot testing as appropriate to 

verify that the blended fuel continues to 

meet all applicable per-gallon standards 

for the whole batch. 

Fuel manufacturers can measure fuel 

parameters using procedures that are 

different than the test methods used to 

generate official test results for 

certification. We recognize that those 

nonstandard measurements provide 

value to fuel manufacturers to inform 

the blending process and add assurance 

that the blend settings continue to 

maintain compliant fuel across the 

batch. However, as nonstandard tests, 

those measurements cannot be used to 

reduce the volume of fuel considered 

noncompliant if there are test results 

from any official test method showing 

that a sample fails to meet a per-gallon 

standard. 

Commenters did not object to the 

proposed new provisions, but instead 

recommended a flexible approach for 

establishing the exact volume of fuel 

found to be noncompliant. As further 

discussed in RTC section 2.1, we 

understand the penalty provisions of 40 

CFR 1090.1710(g) to already allow the 

flexibility recommended by the 

commenters. We are therefore adopting 

the amendments to 40 CFR 1090.1335 as 

proposed. 

B. Requirements for In-Line Blending 

In the streamlining rule, the in-line 

blending waiver provisions required 

that interested fuel manufacturers 

submit general information about their 

in-line blending equipment, including 

the location, layout, operation, and 

monitoring of equipment.4 During EPA 

review and approval of in-line blending 

waiver requests following finalization of 

the streamlining rule, multiple 

stakeholders raised concerns regarding 

the requirement to follow ASTM 

D4177 5 and the sampling and testing of 

spot samples. Through iterative 

discussion with these stakeholders, EPA 

approved multiple flexibilities 

addressing these and other concerns in 

several individual waiver requests. As 

described in the rest of this section, EPA 

is codifying these previously approved 

flexibilities in the regulations for in-line 

blending waivers to ensure a transparent 

framework. Including these provisions 

in the regulation also ensures that all 

fuel manufacturers will follow a 

consistent set of provisions for their inline blending waivers. Because these inline blending flexibilities codify existing 

industry practices, we do not anticipate 

any change in burdens on industry. 

The rest of this section describes the 

provisions for in-line blending waivers, 

which generally provide further 

flexibility or provide EPA with 

additional information to help with 

overseeing in-line blending processes. 

1. Scope of Measurements and Sampling 

Frequency 

EPA is finalizing as proposed the 

requirement at 40 CFR 1090.1315(a)(7) 

for fuel manufacturers to identify the 

blendstock parameters that will be 

measured for managing the blending 

process and the typical sampling 

frequency for those measurements. This 

will enable EPA to better understand the 

fuel manufacturer’s ability to manage 

the blending process to keep fuel 

parameters within targeted values over 

the course of the blend and to not 

exceed per-gallon standards. 

Regarding sampling frequency, the 

general instruction for automatic 

sampling at 40 CFR 1090.1335(c) is to 

follow ASTM D4177 and to create a 

composite sample from at least 9,604 

grabs to represent the batch, with a 

secondary specification to collect 

samples with a sampling frequency that 

does not exceed 20 seconds throughout 

the batch. The underlying objective is to 

require a sampling frequency that 

corresponds to a margin of error of 0.01. 

EPA is amending 40 CFR 1090.1335(c) 

to identify three separate criteria to 

qualify sampling frequency: (1) 

Collecting at least 9,604 grabs; (2) 

Collecting sufficient grabs to achieve a 

margin of error of 0.01 or less; or (3) 

Maintaining a sampling frequency that 

does not exceed 20 seconds through the 

batch. In addition, we recognize that 

such a sampling frequency may be 

difficult to achieve for certain batch 

characteristics. EPA is therefore adding 

40 CFR 1090.1315(a)(8) to allow fuel 

manufacturers to describe in their inline blending waiver requests 

circumstances where they cannot meet 

the requirement to achieve a margin of 

error at or below 0.01. Any fuel 

manufacturer in those circumstances 

would need to quantify their 

measurement variability and adjust 

target values downward to account for 

the greater margin of error. This 

approach is intended to accommodate 

special circumstances without relaxing 

the per-gallon standards that apply for 

the fuel. 

Commenters did not raise concerns 

regarding the substance of the 

amendments, but rather focused on 

properly describing the various criteria 

and related documentation. As 

discussed in RTC section 2.1, we have 

amended the regulation for the final rule 

consistent with the suggested changes. 

2. Reduced Spot Sampling for Small 

Batches 

As described in section II.A, 

automatic sampling generally requires 

collection of head, middle, and tail 

samples to confirm that the blended fuel 

meets all applicable per-gallon 

standards across the batch. We 

acknowledge that collecting all three of 

these spot samples could be difficult for 

small batches due to the logistics of 

collecting and analyzing samples during 

the blending process. EPA is finalizing 

as proposed that in-line blending 

waivers may allow for reduced sampling 

requirements for certain batch sizes to 

provide additional flexibility. 

Specifically, EPA is allowing for 

collecting a single sample anytime 

during the blend for a batch involving 

up to 8 hours of blending or up to 1 

million gallons of fuel, and for 

collecting two evenly distributed 

samples during the blend for a batch 

involving up to 16 hours of blending or 

up to 2 million gallons of fuel. These 

specified values will be based on actual 

volume and duration. If a batch volume 

or duration extends beyond what was 

anticipated and exceeds the specified 

threshold for relief from sampling 

requirements, the fuel manufacturer 

would need to collect additional 

samples. 

Another possible challenge for 

complying with the requirement to 

collect head, middle, and tail samples 

for automatic sampling is the possibility 

of process dynamics that cause the fuel 

manufacturer to terminate the batch 

earlier than planned. Any number of 

factors may cause the early termination, 

and the termination may involve 

different levels of urgency. We are 

aware that such an early termination 

may not allow for an orderly process of 

collecting all the required fuel samples. 

EPA is finalizing as proposed at 40 CFR 

1090.1315(a)(10) that in-line blending 

waivers may allow for failing to perform 

required tests. The allowance for 

reduced sampling and testing is limited 

to unforeseen circumstances. When the 

unforeseen circumstances allow for it, 

fuel manufacturers should collect 

required samples whenever possible. 

This may involve shifting toward an 

earlier collection when there is 

uncertainty about blending duration for 

the batch, and there should be an effort 

to adjust plans for an earlier collection 

when the adjusted batch termination 

allows for it. However, to ensure that 

fuel manufacturers do not always rely 

on this reduced-sampling option, EPA is 


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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 4323 

6We note that we have already allowed fuel 

manufacturers to use this approach of a 10 percent 

limit under the current regulations as a way to 

address situations where reduced sampling and 

testing of in-line blending batches is necessary. 

7 40 CFR 1090.20(d) and (e). 8 40 CFR 1090.1310(b). 

9We note that fuel manufacturers must also 

comply with the associated attestation engagement 

requirements related to the new in-line blending 

waiver provisions starting with either the 2025 or 

2026 compliance period, whichever is the earliest 

compliance period for which the waiver is in effect 

(i.e., fuel manufacturers that update or already have 

an approved in-line blending waiver that complies 

with 40 CFR 1090.1315(a)(7) through (13) by 

December 31, 2025, must comply with associated 

attestation engagement requirements in 

1090.1850(b) as part of their attestation engagement 

report for the 2025 compliance period due June 1, 

2026). 

only allowing fuel manufacturers to 

exercise this reduced-sampling option 

for no more than 10 percent of their inline blending batches for the calendar 

year.6 If a fuel manufacturer exceeds the 

10 percent limit, EPA may consider that 

their in-line blending waiver has proven 

inadequate in practice.7 We received no 

comments on the proposed reduced 

sampling requirements and are therefore 

finalizing this provision as proposed. 

3. Contingency Plans for Equipment 

Failure 

Some current in-line blending waivers 

include provisions that describe how 

the fuel manufacturer would respond if 

their essential test equipment fails, 

which we believe is an important 

contingency to plan for. EPA is therefore 

adding a requirement at 40 CFR 

1090.1315(a)(11) for in-line blending 

waivers to include this element of 

emergency planning. Rather than 

specifying a standard practice, fuel 

manufacturers will be required to 

describe their contingency plans for 

alternative sampling and testing in cases 

involving failure of the automatic 

compositor or other essential 

equipment. Such contingency plans 

might appropriately consider a wide 

range of possible scenarios. The overall 

goal of this contingency plan is to 

preserve the ability to collect an 

appropriate sample to properly 

represent the batch for purposes of 

demonstrating that the fuel meets all 

applicable per-gallon standards. EPA is 

including in the regulation the specific 

example of collecting a second 

composite sample with a redundant 

system. Such an approach would 

minimize the risk of shipping fuel 

without proper documentation for 

compliance, or alternatively avoid the 

burden of finding a different sampling 

method to demonstrate compliance. 

A commenter suggested that the 

regulation identify a second, redundant 

compositor as an example of the 

contingency plan, rather than requiring 

the second compositor ‘‘where 

possible.’’ As discussed in RTC section 

2.1, we agree that the regulation should 

simply identify the second compositor 

as an example of appropriate 

contingency planning and have changed 

the regulation accordingly. 

4. Alternative Compliance 

Demonstration To Remedy 

Noncompliance 

The current regulation contains a 

general requirement to demonstrate that 

a batch of fuel, fuel additive, or 

regulated blendstock meets all 

applicable per-gallon standards before 

any portion of the batch leaves the 

facility.8 In-line blending waivers create 

an exception to that general 

requirement, with the understanding 

that the terms and conditions for a 

specific facility’s blending process 

includes process controls to give 

adequate assurance that fuel from inline blending will comply with all 

applicable per-gallon standards. The 

question of possible remedies by a fuel 

manufacturer arises when considering 

the possibility of test results showing 

that fuel coming out of an in-line 

blending process does not in fact meet 

all applicable per-gallon standards. To 

the extent that fuel has already left the 

facility, EPA would expect to take 

appropriate action to address the 

violation of failing to meet standards. 

However, fuel manufacturers may be 

able to take further measures before the 

blended fuel leaves the facility to 

demonstrate that the fuel meets all 

applicable per-gallon standards. Such 

remedies would involve additional 

testing, and it may also involve 

modifying or further blending the fuel to 

comply. Therefore, EPA is allowing fuel 

manufacturers to specify an alternative 

sampling demonstration in their 

contingency plan if an automatic 

sampling test result fails to meet an 

applicable per-gallon standard, as 

opposed to being subject to EPA action 

to address the violation of failing to 

meet standards. 

The amendment at 40 CFR 

1090.1315(a)(12) identifies two example 

remedies that would be available as long 

as the fuel remains at the facility. First, 

we describe batch certification based on 

manual sampling in a tank if the fuel 

manufacturer collects the entire batch of 

blended fuel represented by the 

noncompliant test result in the tank 

before it leaves the fuel manufacturing 

facility gate. Second, we describe batch 

certification based on secondary 

automatic sampling as fuel comes out of 

a holding tank used to collect the fuel 

that failed to meet a per-gallon standard. 

Such approved alternative sampling 

demonstrations would allow the fuel 

manufacturer to disregard the earlier 

failing result if the subsequent valid 

measurements show that all shipped 

fuel meets all applicable per-gallon 

standards. Commenters did not object to 

the proposed requirement, but instead 

focused on proper wording for the new 

provision, which we address in RTC 

section 2.1. 

C. Process for Amending In-Line 

Blending Waivers 

Section II.B describes additional 

information for fuel manufacturers to 

include in in-line blending waivers. In 

most cases, fuel manufacturers already 

include this information in their 

approved in-line blending waivers. 

However, in some cases, fuel 

manufacturers will likely need to make 

updates to their approved in-line 

blending waivers to comport with these 

changes. We proposed an 

implementation date of March 31, 2025, 

for the new specifications for in-line 

blending waivers. Multiple commenters 

requested additional lead time to adjust 

to the new provisions. In response to 

these comments and as further 

discussed in RTC section 1.2, EPA 

agrees with commenters that additional 

lead time is appropriate and therefore is 

finalizing the requirement that all 

existing approved in-line blending 

waivers comply with the new 

specifications by January 1, 2026.9

To accommodate the timely review of 

these anticipated changes and other 

periodic updates to fuel manufacturers’ 

in-line blending waivers, EPA is also 

finalizing the revised process for 

amending approved in-line blending 

waivers. Specifically, EPA is requiring 

that requests for an amended waiver 

include a description of the intended 

changes and a comparison document 

that comprehensively and clearly 

identifies the proposed changes to the 

waiver, and also include a statement 

attesting to the truthfulness of the 

submitted information, as described in 

section III.B. These specifications are 

intended to standardize the format and 

substance of the information submitted 

for the requested approval, with the 

intent of streamlining EPA review of the 

submitted material. As stated in the 

proposal, EPA believes that it is 

particularly important for the 

comparison document to include all 


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4324 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

10 40 CFR 1090.1335(b). 

11 40 CFR 1090.1337. 

12 40 CFR 1090.1337(a). 

13ASTM D4057–22, ‘‘Standard Practice for 

Manual Sampling of Petroleum and Petroleum 

Products,’’ approved May 1, 2022. 

intended changes to the approved inline blending waiver so that EPA staff 

can focus their review on the suggested 

amendments to the waiver instead of 

previously approved elements of the 

waiver. 

While these specifications for requests 

to amend in-line blending waivers will 

facilitate timely review by EPA staff, we 

are aware that fuel manufacturers 

depend on timely processing of their 

requests even when circumstances lead 

to a protracted review period. EPA is 

therefore finalizing as proposed the 

provision deeming approval of a waiver 

amendment request to be effective 60 

days after EPA acknowledges receiving 

the request if there is no further EPA 

response to the request. Keying the date 

to our acknowledgement is important to 

avoid a case where the fuel 

manufacturer submits the request in a 

way that does not come directly to our 

attention. An EPA response to the 

request may be in the form of denying 

the request, identifying deficiencies, or 

requiring additional information. Under 

this approach, if EPA identifies 

deficiencies or requires additional 

information, the deemed approval date 

would be 60 days after EPA 

acknowledges receipt of the subsequent 

submission that addresses the 

deficiencies or includes the requested 

information. 

Considering the timing items together, 

fuel manufacturers can expect requests 

to amend their in-line blending waivers 

to comply with the new requirements to 

be deemed approved for the 2026 

compliance period if the requests are 

submitted by November 1, 2025. 

We received no comments opposing 

the creation of this automatic approval 

process for in-line blending waiver 

updates and are therefore finalizing this 

provision as proposed. Thus, as 

proposed, waiver amendment requests 

will be deemed to be approved effective 

60 days after EPA acknowledges 

receiving the request if there is no 

further EPA response to the request. 

Commenters requested that we clarify 

how to determine when various changes 

to blending and testing practices would 

trigger a need to submit a request for 

updating an approved waiver. As 

discussed in RTC section 2.1, we are 

amending the final rule at 40 CFR 

1090.1315(c)(1) to address these 

concerns. 

D. Changes to Manual Sampling 

Provisions 

EPA is finalizing as proposed the 

option to collect spot samples or tap 

samples as a default method in addition 

to the currently specified ‘‘running’’ or 

‘‘all-levels’’ sampling. In the 

streamlining rule, a fuel manufacturer 

was required to collect a ‘‘running’’ or 

‘‘all-levels’’ sample from the top of the 

tank and could use tap sampling or spot 

sampling to collect upper, middle, and 

lower samples only ‘‘if a running or alllevels sample is impractical for a given 

storage configuration.’’ 10 Since 

finalization of the streamlining rule, 

stakeholders expressed concern over the 

ambiguity of the term ‘‘impractical’’ and 

contended that tap or spot sampling is 

as robust as running or all-levels 

sampling. As stated in the proposal, 

EPA agrees that testing with spot 

samples or tap samples can be used to 

routinely collect tank samples for 

testing. Homogeneity requirements 

further ensure that spot samples and tap 

samples can properly represent the 

batch. EPA is therefore allowing spot 

sampling and tap sampling to be treated 

on par with running or all-levels 

sampling. 

We received no comments on the 

proposed change to the manual 

sampling provisions and are therefore 

finalizing this provision as proposed. 

E. Homogeneity Samples Used for Batch 

Certification 

The streamlining rule added 

provisions describing a much more 

detailed approach for demonstrating 

that a batch can be considered 

homogeneous when drawing manual 

samples for certification.11 Industry 

efforts to comply with these more 

detailed specifications have led to 

requests for EPA to provide further 

clarification and adjustments to 

accommodate several specific 

circumstances. We address comments 

received on homogeneity samples used 

for batch certification in RTC section 

2.2. 

1. Waivers From the Homogeneity 

Requirement 

Under the current regulations, the 

homogeneity requirement is waived for 

several certain situations.12 In this 

action, EPA is finalizing as proposed the 

waiver of the homogeneity requirement 

for three additional circumstances. First, 

as stated in the proposal, we recognize 

that homogeneity testing is impractical 

for horizontal tanks used for storing 

ethanol denaturant. EPA is therefore 

waiving the homogeneity requirement 

for horizontal tanks with a circular or 

elliptical cross section and with a 

volume less than 42,000 gallons to align 

with current practice for storing ethanol 

denaturant. This waiver includes a 

requirement to draw samples from the 

approximate mid-depth of the product 

level to ensure that the measured 

parameters best represent the batch. We 

received no comments on the proposed 

waiver of the homogeneity requirement 

under this circumstance and are 

therefore finalizing this provision as 

proposed. 

Second, EPA is waiving the 

homogeneity requirement for certified 

butane and certified pentane. Certified 

butane and certified pentane are stored 

under pressure, which makes it 

impractical to collect homogeneity 

samples using the methods of ASTM 

D4057.13 We received no comments on 

the proposed waiver of the homogeneity 

requirement under this circumstance 

and are therefore finalizing this 

provision as proposed. 

Third, as discussed in the proposal, 

we are aware that a small number of fuel 

tanks allow for tap sampling only at 

ground level, along with sampling from 

the roof. Homogeneity testing with such 

a tank configuration therefore depends 

on sampling from the roof. Section II.D 

describes how EPA allows tap sampling 

as a method that is equivalent to 

running or all-levels sampling. Based on 

those same concerns, we are aware that 

homogeneity testing is not possible with 

a tank that has only a single location for 

tap sampling when it is not an option 

to sample from the roof. EPA is allowing 

an alternative homogeneity 

demonstration when inclement weather 

prevents sampling from the roof for 

such a fuel tank based on prior approval 

of a mixing process that has been shown 

to achieve homogeneity. The mixing 

demonstration must apply for the 

specific tank configuration and include 

consideration of a range of product 

types, fill levels, and other relevant 

parameters to ensure that the specific 

circumstances that apply for a given 

certification support the conclusion that 

the mixed fuel would meet homogeneity 

specifications. Anyone relying on this 

waiver from the homogeneity 

requirement would be required to keep 

records documenting EPA approval of 

the mixing procedure, the specific 

actions taken to follow the approved 

mixing procedure, and the forcing 

weather event. We received no 

comments opposing the creation of 

provisions for an alternative 

homogeneity demonstration when 

inclement weather prevents roof 

sampling and are therefore finalizing 

this provision as proposed. However, 

one commenter suggested that we allow 


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14 40 CFR 1090.1337(f). 15ASTM D2622–16, ‘‘Standard Test Method for 

Sulfur in Petroleum Products by Wavelength 

Dispersive X-ray Fluorescence Spectrometry,’’ 

approved January 1, 2016. 

16ASTM D4052–18a, ‘‘Standard Test Method for 

Density, Relative Density, and API Gravity of 

Liquids by Digital Density Meter,’’ approved 

December 15, 2018. 

17 40 CFR 1090.1345. 

18ASTM D5191–22, ‘‘Standard Test Method for 

Vapor Pressure of Petroleum Products and Liquid 

Fuels (Mini Method),’’ approved July 1, 2022. 

for additional flexibilities related to 

safety issues, which we are not 

finalizing for reasons discussed in RTC 

section 2.2. 

2. Homogeneity Testing Requirements 

EPA is finalizing clarifications to the 

homogeneity testing requirements for 

special cases.14 The first case addresses 

homogeneity test results that fall below 

the lower range for a given parameter. 

The homogeneity demonstration 

depends on showing that multiple 

samples collected in different places 

inside the tank have measured values 

that are consistent. As discussed in the 

proposal, test results are not helpful for 

comparing results across samples if 

measured values are at or below the 

lower limit of the test method. As 

proposed, EPA is disallowing using 

measurements for demonstrating 

homogeneity if multiple measured 

values are at or below the pooled limit 

of quantitation (PLOQ), laboratory limit 

of quantitation (LLOQ), or the valid 

range of the test method. In those cases, 

EPA is requiring that homogeneity 

testing instead be based on one of the 

following: (1) Testing with a different 

qualifying, valid test method for the 

same parameter; or (2) Testing a 

different parameter identified in 40 CFR 

1090.1337(d) and (e). For example, if a 

fuel manufacturer tested a summer 

gasoline for both RVP (required) and 

sulfur, and multiple sulfur 

measurements using ASTM D2622 15

were below the valid range of the test 

method, the fuel manufacturer could not 

use those values to demonstrate 

homogeneity. In this situation, the fuel 

manufacturer would need to perform 

homogeneity testing by one of the 

following methods: (1) Measuring sulfur 

with an approved alternative test 

method; (2) Measuring benzene with the 

referee test method or an approved 

alternative test method; or (3) Measuring 

density or API gravity using one of the 

test methods specified in 40 CFR 

1090.1337(d)(1). Commenters suggested 

that EPA allow for parties to use test 

results outside of the valid range of the 

method for sulfur and benzene 

measured for homogeneity testing. We 

address these comments and describe 

why we are finalizing 40 CFR 

1090.1337(f)(2) as proposed in RTC 

section 2.2. 

The second case relates to testing that 

includes results for more than the 

required number of parameters. 

Homogeneity testing for gasoline and 

transmix gasoline product (TGP) 

involves measurements of at least two 

parameters, while homogeneity testing 

for diesel fuel involves measurements of 

at least one parameter. A laboratory may 

have commercial or other reasons to 

perform measurements that include 

more than the minimum number of tests 

for demonstrating homogeneity. We 

proposed a provision that if more than 

the required parameters are tested, 

homogeneity testing fails when testing 

for any parameter other than density or 

API gravity does not meet the applicable 

homogeneity criterion. We did not 

receive any comments on this testing 

requirement and are therefore finalizing 

this provision as proposed. 

The third case is for density or API 

gravity results that fall above the current 

scope of ASTM D4052.16 For valid 

testing, ASTM D4052 currently specifies 

an upper limit of 66° API. EPA is 

allowing the temporary option to use 

test results above 66° API for 

homogeneity testing with ASTM D4052. 

Calculations for samples that exceed 66° 

API would be based on the same 

equation that applies for results that are 

51–66° API. This allowance applies for 

testing performed with ASTM D4052 

through December 31, 2026. This 

temporary provision allows for 

continued testing for this commonly 

used test method, with the expectation 

that the ongoing ASTM process for 

updating the test method will allow for 

valid measurements above 66° API by 

the end of 2026. EPA is aware that 

ASTM has started the process to update 

the precision statements for ASTM 

D4052, which would allow for 

expanding the acceptable upper API 

gravity range in the specified timeframe. 

Commenters sought further clarification 

of the proposed provisions related to 

allowing for temporary expanded scope 

of ASTM D4052. In response to these 

comments and as further discussed in 

RTC section 2.2, we are finalizing two 

adjustments to the proposed provisions 

to more carefully address the transition 

to a revised test method with updated 

precision statements. First, parties may 

request to continue using the temporary 

expanded scope of ASTM D4052 

beyond December 31, 2026, in case 

additional time is necessary for ASTM 

to update the test method. Second, 

parties may request to use the updated 

version of ASTM D4052 if it includes 

appropriately updated precision 

statements. Commenters also identified 

the need to accommodate a similar 

problem for the API gravity range of 45– 

51° for renewable diesel fuel. We note 

that this interim provision as proposed, 

and as modified for the final rule, 

applies for any fuel that has an API 

gravity that falls outside the range of the 

test method, including renewable diesel 

fuel. 

F. Retaining Samples 

The streamlining rule required fuel 

manufacturers and oxygenate producers 

to retain untested (or less tested) 

samples for summer gasoline and tested 

(or most tested) samples for winter 

gasoline, diesel fuel, and oxygenate.17

The requirement for such parties to 

retain tested samples (other than 

summer gasoline) was based on 

minimizing any test differences for 

cases involving EPA duplication of 

measurements already made to certify a 

batch. The requirement for retaining 

untested samples of summer gasoline 

was based on ASTM 5191,18 which calls 

for RVP measurements to be from an 

aliquot that is the first test specimen 

withdrawn from a sample container. 

Prior to the proposal, industry 

stakeholders had expressed concern 

about the burden of complying with 

these sample retention requirements, 

and we acknowledged that the 

advantage of repeating a measurement 

on a tested sample is offset by the risk 

that the sampling process could 

introduce errors caused by changing the 

characteristics of the sample. 

Accordingly, we proposed to simplify 

the sample retention regulations by 

requiring parties to retain only an 

untested sample that is representative of 

the batch. A commenter requested that 

a single representative sample (tested or 

untested) be retained instead of an 

untested sample as proposed. They 

argued that the proposed approach 

would result in the collection of 

unnecessary samples resulting in an 

increased burden to industry. We 

believe that the commenter’s approach 

is appropriate in all cases except for 

summer gasoline. Keeping a tested 

sample of summer gasoline would 

prevent any repeat testing for RVP 

because the RVP test methods require 

measurements with untested samples 

for a valid test result. 

Therefore, in response to these 

comments and as further discussed in 

RTC section 2.2, we are finalizing that 

fuel manufacturers must retain an 

untested sample that is representative of 

a batch of summer gasoline, and in other 


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4326 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

19 40 CFR 1090.1320. 

20Note that the finished gasoline created in a PCG 

compliance by subtraction situation must meet the 

homogeneity requirements. 

21 40 CFR 1090.1375. 

22ASTM D6299–23a, ‘‘Standard Practice for 

Applying Statistical Quality Assurance and Control 

Charting Techniques to Evaluate Analytical 

Measurement System Performance,’’ approved 

December 1, 2023. 

23The three-sigma range, assuming a normal 

distribution, will contain 99.7 percent of the 

observations. 24The Z-score is a standardized dimensionless 

measure of the difference between an individual 

result in a data set and the sample arithmetic mean. 

cases they must retain any (tested or 

untested) sample that represents the 

batch. This approach relies on the 

principle that demonstrating 

homogeneity allows for any sample 

from the batch to be used for 

measurements to establish test values to 

characterize the batch. Untested 

samples allow for testing summer 

gasoline for RVP, and any representative 

sample provides a useful starting point 

for measuring any other parameters. 

G. Homogeneity Testing of PCG 

The regulations established by the 

streamlining rule specify requirements 

that apply for a refiner or blending 

manufacturer that adds blendstock to 

previously certified gasoline (PCG) to 

produce a new batch of gasoline.19

Refiners and blending manufacturers 

can meet the requirements based on 

either ‘‘compliance by subtraction’’ or 

‘‘compliance by addition.’’ The 

streamlining rule established that 

homogeneity requirements apply to the 

blendstocks and finished gasoline for 

compliance by addition but did not 

address homogeneity for compliance by 

subtraction for the PCG.20 Compliance 

by subtraction in many cases does not 

depend on homogeneity testing because 

the relevant fuel parameters for the PCG 

are already known, as the PCG 

previously underwent certification 

testing consistent with the sampling and 

testing requirements in 40 CFR part 

1090, subpart N. However, we proposed 

to clarify a requirement to apply 

homogeneity requirements for 

compliance by subtraction if a batch of 

PCG was mixed with other batches of 

PCG or if the batch of PCG was exempt 

from homogeneity testing under 40 CFR 

1090.1337(a)(4). Homogeneity testing for 

these cases ensures that tested samples 

properly represent the batch after 

blending. 

In response to a comment and as 

further discussed in RTC section 2.4, we 

are finalizing additional provisions to 

describe how homogeneity requirements 

apply uniquely for PCG sampled from a 

pipeline. Much like reduced spot 

sampling for small batches for in-line 

blending as described in section II.B.2, 

the final rule includes a provision 

waiving the homogeneity testing 

requirement for batch volumes less than 

1 million gallons. We are similarly 

specifying that the homogeneity 

demonstration must be based on two 

samples for batch volumes between 1 

million and 2 million gallons, and on 

three samples for batches with volume 

greater than 2 million gallons. 

Following a successful homogeneity 

demonstration, the multiple 

homogeneity samples must be 

composited for testing to measure 

sulfur, benzene, and oxygenate to 

represent the batch. 

We are also finalizing the clarification 

that, for any blending or sampling 

scenario, 40 CFR 1090.1337(a)(4) allows 

for demonstrating compliance without 

meeting homogeneity requirements by 

relying on the worst-case test result, 

which in these cases would involve 

reporting the lowest value of each 

measured parameter to characterize the 

batch of blended fuel. 

H. Precision and Accuracy 

Demonstration 

The streamlining rule carried the 

principles for the Performance-based 

Measurement System (PBMS) from 40 

CFR part 80 into 40 CFR part 1090. The 

streamlining rule added specifications 

to clarify how to apply quality-control 

testing requirements for meeting 

precision and accuracy requirements. 

As discussed in the proposal, 

demonstrating precision and accuracy is 

critical for ensuring that test results are 

valid and properly represent the 

sample.21 In reviewing program 

implementation for quality-control 

testing, we recognized the need to 

address two shortcomings. First, while 

in-house testing for accuracy requires 

that test results meet specifications, the 

option to demonstrate compliance with 

accuracy requirements by periodically 

participating in a crosscheck program 

does not identify a ‘‘fail’’ condition for 

nonconforming test results. Second, for 

both precision and accuracy, the 

regulations do not describe the 

consequence for failing to meet 

requirements. 

EPA is finalizing a requirement that 

any of the following outcomes would 

result in a failed test result from a 

crosscheck program and thus are not 

valid for demonstrating compliance 

with accuracy requirements: 

• The crosscheck program does not 

have a robust accepted reference value 

(ARV) based on the check standard 

requirements in Section 6.2 of ASTM 

D6299.22

• The difference between the test 

result and the ARV is greater than the 

maximum allowable difference for 

accuracy under 40 CFR 1090.1375. 

• The measured value lies outside of 

the three-sigma range for the data from 

the relevant inter-laboratory crosscheck 

program.23

We are adopting the first of these two 

criteria as proposed. We also proposed 

two additional fail criteria, both of 

which commenters described as being 

overly restrictive. The first of these 

proposed fail criteria was based on the 

difference between the test result and 

the ARV being greater than the methoddefined limit for check standard 

accuracy. We agree that this criterion 

was too restrictive and have removed 

this criterion from the final rule. The 

second of these proposed fail criteria 

was based on the measured value lying 

outside of two Z-scores.24 We also agree 

that this criterion was too restrictive; 

however, to preserve the principle of 

staying within a reasonable statistical 

boundary, we have revised the 

requirement for the final rule to 

stipulate that results must fall within 

the three-sigma range of the data from 

the relevant interlaboratory crosscheck 

program. This adjustment provides a 

clear standard for evaluating results, 

without being overly restrictive. We 

further discuss these issues in RTC 

section 2.5. 

If test results from a crosscheck 

program are found to be invalid for 

demonstrating compliance, EPA is 

finalizing the option for a laboratory to 

make timely corrections to avoid a 

compliance or enforcement 

consequence. Specifically, the 

laboratory would need to respond to a 

problematic test result by performing a 

root cause analysis and correcting the 

problem, which we understand to 

already be standard practice across the 

industry. The laboratory would need to 

document the findings of the root cause 

analysis and the steps taken to correct 

the problem. Under this approach, the 

laboratory would have a grace period to 

continue testing for 45 days without 

being out of compliance, an increase of 

10 days from the proposed 35-day grace 

period. After that grace period, the 

laboratory would need to demonstrate 

that they again meet accuracy and 

precision requirements. The laboratory 

would be considered to continue to 

meet accuracy requirements if, after 

correcting the problems identified by 

the root cause analysis, in-house testing 

meets accuracy requirements using a 

check standard qualified by a third 

party. Alternatively, the laboratory 


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25 40 CFR 1090.1710(g). 26 40 CFR 1090.95(c)(30) and 1090.1375. 

27Under EPA’s fuel quality regulations, a gasoline 

manufacturer may add additional blendstocks to 

PCG to create a new batch of gasoline so long as 

the gasoline manufacturer certifies the new batch as 

meeting all applicable per-gallon standards, and 

properly accounts for the sulfur and benzene levels 

of the gasoline manufacturer’s annual average 

compliance calculations. The regulations at 40 CFR 

1090.1320 provide two options for the certification 

of a new batch using PCG. First, the gasoline 

manufacturer may directly measure the gasoline 

and sulfur levels of the added blendstock and report 

those measurements and the volume as a positive 

batch thereby adding those values to the gasoline 

manufacturer’s annual sulfur and benzene 

Continued 

could participate in the next crosscheck 

program and receive test results meeting 

specifications. We are also including a 

third option to demonstrate compliance 

based on a non-VCSB correlation 

program administered by a third party. 

We believe the deadline for correcting 

issues represents a reasonable timeframe 

for taking remedial action and getting 

new test results. Commenters suggested 

a longer grace period to resolve issues, 

and greater flexibility in demonstrating 

such a resolution. The extra 10 days for 

the compliance deadline and the option 

to demonstrate compliance based on a 

non-VCSB correlation program 

administered by a third party are 

intended to address those concerns. We 

discuss these changes from the 

proposed rule in RTC section 2.5. 

As discussed in the proposal, failing 

to meet precision or accuracy 

requirements indicates that test 

instruments are not suitable for 

generating valid test results for 

certification. As a result, EPA is 

specifying that presumed fuel 

parameters 25 would apply any time a 

laboratory fails to meet precision or 

accuracy requirements that prevent it 

from demonstrating compliance with 

standards using valid test results. For 

meeting accuracy requirements by 

participating in a crosscheck program, 

the presumed fuel parameters would 

apply only if the laboratory failed to 

correct the problems identified by the 

root cause analysis and repeat testing 

with valid test results within the 

specified timeframe. On the other hand, 

if corrective action is not taken to 

remedy the failing result within the 

specified timeframe, the presumed fuel 

parameters would apply relative to 

certification for parameter 

measurements with the test instruments 

failing to meet precision or accuracy 

requirements starting on the date the 

laboratory received the first failing 

report from the crosscheck program. 

One commenter suggested minor 

wording changes for the penalty-related 

provisions. A different commenter 

advocated for allowing a demonstration 

of appropriate parameter values for 

assessing penalties, rather than relying 

on the presumed values identified in 40 

CFR 1090.1710(g). However, we note 

that the penalty provisions at 40 CFR 

1090.1710(g) already include a process 

for EPA to approve alternative 

parameter values based on any relevant 

information. Since the regulation 

already addresses the concern, we are 

including minor wording changes, 

consistent with the comments, but are 

otherwise finalizing as proposed the 

penalty-related provisions at 40 CFR 

1090.1375(e). 

It bears noting that these final 

revisions narrowly address failures to 

meet precision and accuracy 

requirements in quality-control testing 

under 40 CFR 1090.1375. Any broader 

or different failure to meet testing 

specifications under 40 CFR part 1090 

would be treated as its own violation 

based on the circumstances that apply. 

I. Excluding SQC Data Points 

EPA is finalizing provisions to 

address exclusion of certain outlier test 

results from statistical quality control 

(SQC) testing. The regulations currently 

incorporate by reference ASTM D6299– 

20; however, neither 40 CFR part 1090 

nor ASTM D6299–20 clearly addresses 

how to handle suspected outlier results 

obtained as part of SQC testing.26 Since 

the streamlining rule was promulgated 

in 2020, however, ASTM has updated 

this method to ASTM D6299–23a, 

which allows for the exclusion of 

outliers in SQC testing. Fuel 

manufacturers have asked EPA to 

update its incorporation by reference of 

ASTM D6299–20 in 40 CFR part 1090 to 

ASTM D6299–23a to also address 

outliers as part of SQC testing. EPA is 

finalizing as proposed the reference to 

the updated standard in the regulations. 

As discussed in the proposal, the 

purpose of SQC testing is to ensure that 

a fuel manufacturer or their third-party 

laboratory is conducting valid tests to 

ensure compliance with EPA’s fuel 

quality requirements. Under ASTM 

D6299–23a, excluding an SQC test 

result can be appropriate under two 

scenarios: 

• Scenario 1: When identified as an 

outlier using an appropriate statistical 

test, such as the Generalized Extreme 

Studentized Deviate (GESD), and 

evidence gathered from an investigation 

supports the exclusion. Supporting 

evidence could include a transcription 

error or other assignable cause that is 

not part of the normal process and 

needs to be properly documented. 

• Scenario 2: During what is 

perceived to be normal operations of the 

SQC process, an SQC test result might 

fall outside of the Upper or Lower 

Control Limit, which is a strong 

indication of a system that is out-ofstatistical-control (OOS). However, an 

immediate retest SQC sample should be 

performed to confirm the OOS event. If 

the retest indicates the system is in 

control as described in ASTM D6299– 

23a, then the OOS is not confirmed and 

the original SQC result might be 

excluded following further statistical 

analysis as addressed in section 

A1.5.4.1 of ASTM D6299–23a. 

To provide clarity, EPA is finalizing 

as proposed the option for outliers to be 

excluded from SQC samples—but not 

certification samples—under the certain 

circumstances outlined in ASTM 

D6299–23a. 

However, as discussed in the 

proposal, we are concerned that parties 

may dub certain test results as outliers 

even though the test result is valid and 

should be included as part of SQC 

simply because the party does not like 

the test result. Therefore, EPA is also 

finalizing as proposed recordkeeping 

requirements for exclusion events. If 

SQC data are excluded using the 

protocols outlined in ASTM D6299–23a, 

the laboratory would need to document 

the result as well as the assignable cause 

and justification for exclusion. EPA 

expects that SQC exclusions should be 

visible on the user’s quality control 

chart while at the same time be 

excluded from ongoing SQC statistics. 

Under this approach, if EPA determines 

that the assignable cause for a test result 

treated as an outlier was not consistent 

with the circumstances described in 

ASTM D6299–23a, then such a test 

result would need to be retroactively 

included in the party’s SQC. 

Furthermore, if documentation of the 

result as well as the assignable cause 

and justification are not maintained, 

EPA is finalizing the requirement that 

the test result also be included as part 

of the party’s SQC. 

We did not receive any comments on 

excluding SQC data points and are 

therefore finalizing this provision as 

proposed. 

J. Testing for Oxygenates in PCG Under 

Compliance by Subtraction 

EPA is finalizing as proposed a 

separate procedure for blending 

manufacturers that make a new batch of 

fuel with PCG that was a gasoline before 

oxygenate blending (BOB) and do not 

want to account for oxygenate added 

downstream under the compliance by 

subtraction provisions at 40 CFR 

1090.1320(a)(1).27 In the streamlining 


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compliance calculations; this procedure is called 

compliance by addition. The gasoline manufacturer 

may also determine the sulfur and benzene levels 

of the new blendstocks by measuring the sulfur and 

benzene levels of the PCG and the finished fuel 

then subtracting the PCG from the finished fuel to 

determine the values of the added blendstock; as 

such, this procedure is called compliance by 

subtraction. Gasoline manufacturers often use the 

compliance by subtraction method for PCG because 

it is often impractical to directly measure the sulfur 

and benzene values of blendstocks. 

28 40 CFR 1090.1320(a)(1). 29 40 CFR 1090.80. 

rule, a blending manufacturer certifying 

a batch using the PCG by subtraction 

procedures was required to create a 

hand blend of the PCG if the PCG was 

a BOB to determine the parameters of 

the PCG that would be used for the 

blending manufacturer’s compliance 

calculations.28 EPA established this 

requirement to ensure consistent 

accounting of sulfur and benzene levels 

of the PCG and believes that this 

approach is reasonable in the case 

where both the manufacturer of the PCG 

(a BOB in this case) and the 

manufacturer of the new finished fuel 

have accounted for oxygenate added 

downstream. However, after finalization 

of the streamlining rule, one stakeholder 

suggested that the creation of a hand 

blend for the PCG would not result in 

an accurate accounting of sulfur and 

benzene levels of the new finished fuel 

if the manufacturer of such fuel did not 

account for oxygenate added 

downstream. Rather, this stakeholder 

highlighted that testing both the PCG 

and the finished fuel without the 

addition of oxygenates would result in 

the correct sulfur and benzene levels of 

the reported sulfur and benzene values 

for average annual compliance if the 

manufacturer did not intend to account 

for oxygenate added downstream. Thus, 

in this circumstance there is no need to 

create a hand blend. EPA agrees with 

this assessment and as such is finalizing 

as proposed clarifications to the 

regulations to accommodate the 

scenario where a blending manufacturer 

complies by subtraction for PCG and 

does not account for oxygenate added 

downstream. Under this scenario, the 

blending manufacturer would test and 

report the sulfur and benzene values of 

the PCG and the finished fuel without 

the addition of oxygenates, which 

would be netted during the fuel 

manufacturer’s annual compliance 

demonstration to report the correct 

sulfur and benzene values of the added 

blendstock. As discussed in the 

proposal, EPA still believes blending 

manufacturers that use the compliance 

by subtraction provisions to certify 

batches of fuels produced from PCG and 

elect to account for oxygenate added 

downstream should follow the existing 

requirement to create a hand blend of 

both the PCG and the finished fuel and 

are therefore not changing that 

requirement. 

We did not receive any comments on 

testing for oxygenates in PCG under 

compliance by subtraction provisions 

and are therefore finalizing this 

provision as proposed. 

K. Noncompliant Certified Butane or 

Certified Pentane Test Results 

We proposed to clarify the treatment 

of certified butane or certified pentane 

when a certified butane or certified 

pentane blender obtains a test result 

under the quality assurance testing 

program that exceeds a per-gallon 

standard for certified butane or certified 

pentane in 40 CFR 1090.250 or 

1090.255, respectively. We proposed 

that the volume of certified butane or 

certified pentane associated with the 

test result would be in violation of the 

per-gallon standard and that the 

certified butane or certified pentane 

blender would have to obtain sulfur or 

benzene credits calculated using the 

PCG by addition procedures in 40 CFR 

1090.1320(a)(2) to offset any sulfur or 

benzene levels that exceeded the pergallon standard. 

Commenters requested that we further 

clarify which products and parties 

would be in violation when certified 

butane or certified pentane is found to 

be noncompliant with a per-gallon 

standard and that we allow for the use 

of both PCG by subtraction and PCG by 

addition procedures when this situation 

arises. In response to these comments 

and as further discussed in RTC section 

2.4, we are finalizing clarified 

provisions and providing additional 

flexibility for the use of PCG by 

subtraction procedures to address the 

per-gallon exceedance. 

III. Other Technical Amendments 

A. Definition of Batch 

EPA is finalizing as proposed the 

modified definition of batch to better 

align with how the sampling and testing 

regulatory provisions establish the 

values for the regulated parameters for 

batches. Under the streamlining rule, a 

batch was defined as a ‘‘quantity of fuel, 

fuel additive, or regulated blendstock 

that has a homogeneous set of 

properties.’’ 29 The definition notes 

further that ‘‘[t]his also includes fuel, 

fuel additive, or regulated blendstock 

for which homogeneity testing is not 

required under § 1090.1337(a).’’ Since 

this definition was promulgated in the 

streamlining rule, industry stakeholders 

have identified that the definition 

appears inconsistent because it says that 

a batch must be homogeneous, but the 

regulations also allow for certifying a 

batch without demonstrating 

homogeneity. It is also the case that fuel 

produced with in-line blending 

procedures is not subject to any 

homogeneity requirement. To address 

these concerns, EPA is revising the 

definition of batch to mean ‘‘a quantity 

of fuel, fuel additive, or regulated 

blendstock with properties that can be 

characterized by a single set of values 

using the measurement procedures in 

subpart N of this part.’’ We believe this 

framing better reflects our intent to have 

the values established through the 

sampling and testing provisions reflect 

the volume identified as the batch for 

manual sampling in cases where 

homogeneity has been determined and 

in cases where a party is allowed to 

certify a batch without demonstrating 

homogeneity. The revised definition 

also aligns with the requirement that 

fuel manufacturers using in-line 

blending must collect a single 

composite sample that represents the 

whole batch being certified. 

We did not receive any comments on 

the proposed revision to the definition 

of batch and are therefore finalizing this 

definition as proposed. 

B. Truthful Reporting 

EPA is finalizing as proposed 

clarifications to a requirement that 

applies to all information submitted to 

the Agency. Parties that submit 

information to EPA must, among other 

things, ensure that the information is 

complete, accurate, and not misleading 

according to the submitter’s personal 

knowledge and belief. This requirement 

is codified at 18 U.S.C. 1001 and in 

several other statutory provisions. EPA’s 

data systems—such as DCFuel and the 

EPA Moderated Transaction System 

(EMTS)—require the submitter to 

actively acknowledge this 

responsibility. For DCFuel, the 

submitter confirms that the information 

‘‘meets all the requirements of the’’ 

applicable regulations by actively 

checking the certification box. 

Similarly, when information is 

submitted through EMTS, the submitter 

certifies that, ‘‘the information shown is 

a correct and accurate account of the 

transaction(s) that have taken place’’ or, 

‘‘under penalty of law, that the 

information provided in this document 

is, to the best of [the submitter’s] 

knowledge and belief, true, accurate, 

and complete. [The submitter is] aware 

that there are significant penalties for 

submitting false information, including 

the possibility of fines and 


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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 4329 

imprisonment for knowing violations.’’ 

When information is submitted to EPA 

through email, however, there was no 

equivalent certification made, though 

the same requirement to submit 

complete, accurate, and not misleading 

information still applied. Therefore, 

EPA is finalizing the proposed 

statement in 40 CFR 1090.20(g) to 

ensure that the regulated community is 

aware that this obligation applies to all 

information submitted under 40 CFR 

part 1090, regardless of the form of that 

submission. We note that the statutory 

requirement to submit complete, 

accurate, and not misleading 

information applies with or without the 

regulatory clarification. 

We did not receive any comments on 

the proposed provision to require 

truthful reporting and are therefore 

finalizing this provision as proposed. 

C. Clarification of RVP Standard in 

Federal 7.8 psi RVP Areas 

EPA is finalizing as proposed a 

correction to the RVP standards for 

federal 7.8 psi RVP areas to allow for the 

use of 9.0 psi RVP summer gasoline in 

federal 7.8 psi RVP areas during the 

month of May. Prior to the streamlining 

rule, gasoline used in federal 7.8 psi 

RVP areas had to meet a 9.0 psi RVP 

standard during the month of May and 

a 7.8 psi RVP standard for the remainder 

of the summer season (i.e., June 1 to 

September 15). In the gasoline RVP 

standards specified in 40 CFR part 

1090.215, EPA inadvertently modified 

the RVP standard for federal 7.8 psi RVP 

areas for the month of May in 

transcribing the previous RVP standards 

table in 40 CFR 80.27. This revision 

fixes that transcription error. 

We did not receive any comments on 

the proposed clarification of the RVP 

standard in Federal 7.8 psi RVP areas 

and are therefore finalizing this 

provision as proposed. 

D. National Fuel Survey Program 

Notifications 

EPA is finalizing as proposed the 

requirement that independent surveyors 

include additional information in 

notifications to EPA and branded fuel 

manufacturers when the surveyor 

identifies potential non-compliance as 

part of the NFSP. Under the current 

NFSP requirements, the independent 

surveyor utilizes information about 

retail outlets to identify potential 

locations and ultimately randomly 

selects retail outlets for sampling. When 

the independent surveyor collects 

samples, it tests the sample to determine 

whether it meets the applicable fuel 

quality standards. If a test result exceeds 

one or more applicable standards, the 

independent surveyor is required to 

notify EPA, the retailer, and the branded 

fuel manufacturer (if applicable) within 

24 hours of identifying the issue. The 

regulations in the streamlining rule did 

not specify that the surveyor indicate 

the contact information of the retail 

outlet in the notification provided to 

EPA or the branded fuel manufacturer 

(if applicable), even though the 

independent surveyor has this 

information readily available. Based on 

EPA’s experience with the NFSP to date, 

we believe that including such 

information as part of the notifications 

for potentially non-compliant samples 

will help EPA and branded fuel 

manufacturers more expeditiously 

resolve these issues consistent with 

EPA’s original intent in setting up the 

NFSP. As such, EPA is finalizing the 

requirement that any notification to EPA 

or a branded fuel manufacturer of a 

potential non-compliant sample include 

the retail outlet’s contact information, 

including name, title, mailing address, 

telephone number, and email address of 

a representative of the retail outlet, if 

available. 

We did not receive any comments on 

the proposed notifications under the 

NFSP and are therefore finalizing this 

provision as proposed. 

E. Fuel Certification With Domestic 

Marine Vessels 

Several stakeholders requested 

flexibility to meet testing requirements 

for fuel certification when loading 

gasoline or diesel fuel onto domestic 

marine vessels, specifically by sampling 

and testing with the procedures that 

apply for importing fuel on marine 

vessels as specified in 40 CFR 

1090.1605. EPA is finalizing this 

flexibility with minor edits subject to 

the stipulations that each vessel 

compartment is sampled and tested 

independently, and that no additional 

product loading or blending occurs after 

sampling and certification have been 

completed. The marine vessel is also not 

permitted to navigate beyond 15 miles 

from the fuel manufacturing facility or 

to discharge fuel until demonstrating 

compliance with all applicable pergallon standards. This condition is 

intended to allow fuel manufacturers to 

free up dock space while waiting on test 

results. However, the fuel manufacturer 

is still accountable for any 

noncompliance and maintains 

responsibility for addressing any 

noncompliance before the fuel is 

discharged. EPA selected the 15-mile 

limit based on discussions with 

industry and believes this distance 

would be sufficient to allow for vessels 

to travel to free up dock space and still 

return to port to bring fuel back to the 

fuel manufacturing facility if an issue is 

identified with the fuel after it has left 

the dock. 

In response to a comment and as 

further discussed in RTC section 2.6, we 

are finalizing this flexibility with minor 

edits to clarify the proposed language 

for fuel certification with domestic 

marine vessels. 

F. Technical Corrections 

EPA is finalizing as proposed 

numerous technical amendments to 40 

CFR part 1090. These amendments are 

being made to correct minor 

inaccuracies and clarify the current 

regulations. These changes are 

described in table III.F–1, and we 

address comments on these corrections 

and clarifications in RTC section 3. 

BILLING CODE 6560–50–P 


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Table 111.F-1: Miscellaneous Technical Corrections and Clarifications to Fuel Quality 

Regulations 

Part and Section of Title 40 Description of Revision 

§ 1090.50(a) Removing explanatory text that noted that the rounding 

provisions at § 1090.50 are consistent with ASTM E29 

and NIST SP 811. 

§§ 1090.55(b)(l), 1090.215(d)(l), Changing the term "retail station" to "retail outlet" to be 

and 1090.1335(b)(3) consistent with the defined terms in ~ 1090.80. 

§ 1090.55(b )(2) Adding cross-references to§ 1090.1335 to ensure that 

auditors for in-line blending waivers have experience 

with sampling VCSBs. 

§ 1090.55(b)(3) Clarifying that auditing in-line blending operations 

requires an auditor to be familiar with the in-line 

blending waiver provisions of§ 1090.1315 and to 

demonstrate work experience and be proficient with the 

automatic sampling procedures specified in § 

1090.1335(c). 
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 4331 


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§ 1090.80 Adding missing definitions of "Distillate global marine 

fuel", "ECA associated area", "Emission control area 

(ECA)", "Fuel additive manufacturing facility", 

"Regulated blendstock import facility", and "Regulated 

blendstock production facility". 

§ 1090.85(g) Adding paragraph to clarify that generic terms may also 

be used to refer to specific fuel, fuel additive, or 

regulated blendstock types. 

§ 1090.90 Adding missing acronym for volume additive 

reconciliation (VAR). 

§ 1090.1 lO(c) Removing requirement for detergent blenders to 

demonstrate compliance with§§ 1090.260(a) and 

1090.1240 because it is duplicative of existing 

requirements at§§ 1090.l00(a) and 1090.1 lO(a). 

§ 1090.215(c) Adding paragraph to clarify that the most stringent RVP 

standard applies when more than one summer gasoline 

RVP standard applies in the same geographic area. 

§§ 1090.220(e) and 1090.1320(b) Clarifying that parties may not blend certified butane and 

certified pentane into previously certified summer 

reformulated gasoline (RFG) or summer RBOB under § 

1090.1320(b ). 

§ 1090.515(d) Adding the term "other" prior to nonroad engines to 

clarify that the provision that limits the use of 500 ppm 

LM diesel in nonroad engines does not include 

locomotive and marine engines that are allowed to use it. 

§§ 1090.605, 1090.610, 1090.615, Amending to use consistent language for all exemption 

1090.620, 1090.625, 1090.630, provisions and clarifying which exemption provisions 

1090.635, 1090.640, 1090.645, also apply to fuel additives and regulated blendstocks. 

and 1090.650 

§1090.605(a)(l) Updating national security exemption to remove obsolete 

references to engine and vehicle emission standards. 

§§ 1090.700, 1090.715, 1090.725, Clarifying and simplifying the existing equations for 

1090.740, and 1090.745 sulfur and benzene, but not changing the overall 

calculations. 

§ 1090.905( c )(1 )(viii)(A), Clarifying that batch reports must include whether the 1-

( c )(2)(viii)(A), and ( c )(8)(vii)(A) psi waiver applies to the batch of summer gasoline, 

beginning with the 2026 compliance period. 

§ 1090.905(c)(3)(i)(H) Removing requirement to report RVP standard and RVP 

test results for gasoline produced from PCG using 

compliance by subtraction because it is duplicative of the 

reporting requirement at§ 1090.905(c)(3)(ii). 

§ 1090.915(c)(5) Clarifying that oxygenate producers may report sulfur 

levels as allowed under§ 1090.1330 instead of only 

through testing. 

§ 1090.1000(e)(2)(i)(A) Clarifying that a certified butane producer must test 

certified butane before transferring the certified butane 

batch for delivery. 

§ 1090.1105 Clarifying that the PTD requirements of this section 

apply to exempt fuel additive and regulated blendstock in 

addition to exempt fuel. 
4332 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 


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§ 1090.11 l0(e) Clarifying which PTD requirements apply to gasoline 

detergent and which PTD requirements apply to gasoline. 

§ 1090.1215(a) Clarifying that distillate global marine fuel 

manufacturers must comply with the record.keeping 

requirements of this section. 

§ 1090.1230(b)(8) Removing recordkeeping requirements for the sampling 

and testing of undenatured ethanol because they are 

duplicative of the general recordkeeping requirements for 

all sampling and testing at & 1090.1205(c). 

§ 1090.1240(b )(2)(ii)(B) Clarifying that the total volume of detergent must be 

calculated in gallons. 

§ 1090.1255(a) Clarifying that a manufacturer or distributor of 500 ppm 

LM diesel fuel using transmix must comply with the 

record.keeping requirements of this section. 

§ 1090.1315(a)(l) Amending to allow for an RCO's delegate to submit inline blending waiver requests. 

§ 1090.1315(c)(l) Clarifying that changing analyzer location is a material 

change in the context of an in-line blending waiver only 

if that involves changing the location for drawing 

samples of blended fuel. 

§ 1090.1335(b) Adding a reference to the latest version of ASTM D4057 

for manual sampling and updating the regulation to 

include proper cites to content in ASTM D4057. 

§ 1090.1335(b)(4) Adding a statement for manual sampling to clarify that, 

once the batch meets homogeneity specifications, any 

properly drawn sample may be used to represent the 

batch. 

§ 1090.1335(c) Reorganizing paragraph content to align with manual 

sampling. 

§ 1090.1337(b) Clarifying how samples tested for homogeneity may be 

used to certify a batch of fuel. 

§ 1090.1337(c) Removing separate reference to tap sampling, since that 

is just one kind of spot sampling. 

§ 1090.1337(d) Clarifying that the homogeneity parameters for gasoline 

apply equally for TGP.30 

§ 1090.1337(d) Allowing for homogeneity testing based on density as 

being equivalent to API gravity. 

§ 1090.1337(e) Expanding paragraph to describe homogeneity testing 

parameters for oxygenate and certified ethanol 

denaturant. 

§ 1090.1337(£) Adjusting wording to allow for a passing result for 

homogeneity testing if the variation among measured 

values is exactly equal to the pass-fail criterion. 

§ 1090.1340(a)(l) Clarifying that a hand blend from the worst-case BOB 

sample is required if fuel manufacturers rely on worstcase results instead of performing homogeneity testing. 

30 Although we proposed to include gasoline treated as blendstock (GTAB) as a product that required homogeneity 

testing, commenters noted that such homogeneity testing would be unnecessary. We agree. As such, we are not 

fmalizing the requirement for GTAB to undergo homogeneity testing. We further address this issue in RTC section 

2.2. 
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 4333 


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§ 1090.1350(c)(4) Clarifying that the specified recording precision applies 

for all measured oxygenate compounds. 

§ 1090.1355(b) Updating for consistent reference to test methods rather 

than test procedures. 

§ 1090.1360(b)(l)(i) Clarifying the absolute fuel parameters by removing text 

that is duplicative of the PBMS requirements at § 

1090.1350(a). 

§ 1090.1365(a)(3) Clarifying that qualifying a test method applies for all 

instruments needed for those measurements. 

§ 1090.1365(b)(3) Clarifying that laboratories qualifying an alternative 

method for oxygenate measurements must include all the 

oxygenate compounds identified in the referee method 

(ASTM D5599). 

§ 1090.1365(b)(3), table 3 Referencing an older version of ASTM D5191 to 

properly identify the version corresponding to the 

specified reproducibility value for gasoline RVP 

measurements to qualify alternative measurement 

procedures. 

§ 1090.1365(c)(3)(i) Narrowing the scope of the demonstration to exclude fuel 

additives and regulated blendstocks ( other than butane) 

that are not covered by PBMS. 

§ 1090.1375(c) Simplifying the instruction to select a test fuel for quality 

testing by requiring that the fuel sample have an ARV 

representing fuel that is typical for testing, rather than 

requiring selecting a sample with an ARV that is 

connected to a standard. This is especially important for 

RVP measurements, where there might be multiple 

standards. 

§ 1090.1375(d) Decreasing the crosscheck program requirements for 

RVP testing from three to two times per year. This is 

based on RVP standards applying only for summer 

gasoline. 

§ 1090.1395(a)(l)(i) Clarifying that baseline fuel for detergent testing must 

contain between 8.0 and 10.0 volume percent ethanol 

instead of denatured fuel ethanol (DFE). This is 

consistent with the previous provisions at 40 CFR part 

80. 

§ 1090.1420(a)(2) Clarifying that the two references to "10 volume percent" 

are referring to 10 volume percent ethanol and not 10 

volume percent DFE. 

§ 1090.1450(c)(3)(ii) and (v) Clarifying that summer gasoline samples that are not 

subject to EPA' s federal RVP standards under § 

1090.630 do not need to be tested for RVP under the 

National Sampling and Testing Oversight Program 

(NSTOP). 

§ 1090.1605(b)(l)(i) Making explicit the assumption that fuel in an individual 

compartment on a marine vessel is homogeneous. 
4334 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 


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§ 1090.1605(b)(l)(ii) Clarifying: 1. That RVP measurements are on individual 

samples, not composite samples; 2. That requirements 

related to testing hand blends apply as specified in § 

1090.1310( c )(1) and (2) for marine imports that will 

include oxygenate blending; and 3. How to demonstrate 

that a composite sample is valid. 

§ 1090.1610(a)(l)(i)(A) Removing the word "fuel" to account for parameter 

measurements in fuel additives, etc. 

§ 1090.1800(a)(3) Adding§ 1090.1800(a)(3) to clarify that gasoline 

manufacturers that transact sulfur/benzene credits for a 

compliance period but that did not produce gasoline in 

that compliance period must still undergo an annual 

attestation audit for the credit transactions. 

§§ 1090.1810, 1090.1815, Amending to use consistent language for all attestation 

1090.1820, 1090.1825, 1090.1830, engagement provisions. 

1090.1835, 1090.1840, 1090.1845 
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 4335 

31 71 FR 78192. 

32CAA section 211(c)(4)(C)(v)(III). 

33 85 FR 78412, 78427. 

34EPA published a final rule on March 12, 2021 

(86 FR 14000) that removed Kansas’ gasoline rule. 

EPA published a second final rule on March 12, 

2021 (86 FR 14007) that removed Missouri’s 

gasoline rule. Both rules were effective on April 12, 

2021. 

BILLING CODE 6560–50–C 

IV. Updates to the Boutique Fuels List 

We are using this final action to 

provide a current list of boutique fuels. 

Section 1541(b) of the Energy Policy Act 

of 2005 required EPA, in consultation 

with the Department of Energy (DOE), to 

determine the total number of fuels 

approved into all SIPs, under Clean Air 

Act (CAA) section 211(c)(4)(C), as of 

September 1, 2004, and publish a list of 

such fuels including the state and 

Petroleum Administration for Defense 

District (PADD) in which they are used 

for public review and comment. EPA 

originally published the required list on 

December 28, 2006.31

Additionally, we are required to 

remove any fuels from the published list 

if the fuel either ceases to be included 

in a SIP or is identical to a federal 

fuel.32 Since we last published an 

updated boutique fuel list on December 

4, 2020, such a change has occurred.33

Specifically, the requirements for the 

sale of gasoline with an RVP of 7.0 psi 

in the Kansas City, KS–MO area have 

been removed from the Kansas and 

Missouri state implementation plans.34

We are also clarifying that the 


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§§ 1090.1, 1090.5, 1090.15, Correcting typographical, grammatical, and consistency 

1090.20, 1090.80, 1090.90, errors. 

1090.95, 1090.100, 1090.105, 

1090.110, 1090.130, 1090.140, 

1090.145, 1090.155, 1090.160, 

1090.165, 1090.175, 1090.180, 

1090.200, 1090.210, 1090.215, 

1090.230, 1090.265, 1090.285, 

1090.290, 1090.295, 1090.300, 

1090.310, 1090.315, 1090.325, 

1090.500, 1090.510, 1090.520, 

1090.605, 1090.610, 1090.615, 

1090.620, 1090.625, 1090.630, 

1090.635, 1090.640, 1090.645, 

1090.650, 1090.700, 1090.710, 

1090.715, 1090.720, 1090.725, 

1090.730, 1090.735, 1090.740, 

1090.745, 1090.800, 1090.805, 

1090.815, 1090.820, 1090.900, 

1090.905, 1090.910, 1090.915, 

1090.925, 1090.930, 1090.935, 

1090.1000, 1090.1005, 1090.1010, 

1090.1015, 1090.1100, 1090.1105, 

1090.1110, 1090.1115, 1090.1120, 

1090.1205, 1090.1210, 1090.1215, 

1090.1230, 1090.1240, 1090.1245, 

1090.1250, 1090.1255, 1090.1320, 

1090.1335, 1090.1340, 1090.1350, 

1090.1355, 1090.1365, 1090.1370, 

1090.1375, 1090.1390, 1090.1395, 

1090.1400, 1090.1405, 1090.1410, 

1090.1415, 1090.1420, 1090.1450, 

1090.1515, 1090.1600, 1090.1610, 

1090.1615, 1090.1710, 1090.1715, 

1090.1800, 1090.1805, 1090.1810, 

1090.1815, 1090.1820, 1090.1825, 

1090.1830, 1090.1835, 1090.1840, 

1090.1845, 1090.1850 
4336 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

35EPA’s State Fuels website is available at 

https://www.epa.gov/gasoline-standards/state-fuels. 

requirement for the sale of gasoline with 

an RVP of 7.0 psi in El Paso, TX extends 

until September 16th of each year. In 

table IV–1, we are providing an updated 

list of boutique fuels that includes all 

the boutique fuels that are currently in 

approved SIPs. We maintain a list of 

boutique fuels on our State Fuels 

website.35 We will continue to update 

that website as changes to boutique 

fuels occur and periodically announce 

updates in the Federal Register for fuels 

that are either removed or added. 

V. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is not a significant 

regulatory action as defined in 

Executive Order 12866, as amended by 

Executive Order 14094, and was 

therefore not subject to a requirement 

for Executive Order 12866 review. 

B. Paperwork Reduction Act (PRA) 

This action does not impose any new 

information collection burden under the 

PRA. OMB has previously approved the 

information collection activities 

contained in the existing regulations 

and has assigned OMB control number 

2060–0731. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

under the RFA. In making this 

determination, EPA concludes that the 

impact of concern for this rule is any 

significant adverse economic impact on 

small entities and that the agency is 

certifying that this rule will not have a 

significant economic impact on a 

substantial number of small entities 

because the rule has no net regulatory 

burden on the small entities subject to 

the rule. 

The small entities directly regulated 

by EPA’s fuel quality regulations are 

small refiners, which are defined at 13 

CFR 121.201. This action makes 

relatively minor corrections and 

modifications to EPA’s fuel quality 

regulations, and we do not anticipate 

that there will be any significant cost 

increases associated with these changes. 

We have therefore concluded that this 

action will have no net regulatory 

burden for all directly regulated small 

entities. 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action does not contain an 

unfunded mandate of $100 million or 

more as described in UMRA, 2 U.S.C. 

1531–1538, and does not significantly or 

uniquely affect small governments. This 

action imposes no enforceable duty on 

any state, local, or Tribal governments. 

Requirements for the private sector do 

not exceed $100 million in any one 

year. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the States, on the 

relationship between the National 

Government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications as specified in Executive 

Order 13175. This action will be 

implemented at the Federal level and 

potentially affects transportation fuel 

refiners, blenders, marketers, 

distributors, importers, exporters, and 

renewable fuel producers and importers. 

Tribal governments would be affected 

only to the extent they produce, 

purchase, and use regulated fuels. Thus, 

Executive Order 13175 does not apply 

to this action. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

Risks and Safety Risks 

EPA interprets Executive Order 13045 

as applying only to those regulatory 

actions that concern environmental 

health or safety risks that EPA has 

reason to believe may 

disproportionately affect children, per 

the definition of ‘‘covered regulatory 

action’’ in section 2–202 of the 

Executive Order. 

Therefore, this action is not subject to 

Executive Order 13045 because it does 

not concern an environmental health 


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Table IV-1: Total Number of Fuels Approved in SIPs Under CAA Section 211(c)(4)(C) 

Type of fuel control PADD Re~ion-state 

RVP of 7.8 psi 2 5-Indiana 

3 6-Texas (May 1 -October 1)* 

2 5-Michigan 

RVP of 7.0 psi 3 4-Alabama 

3 6-Texas (May 1 - September 16)* 

Low Emission Diesel 3 6-Texas 

Cleaner Burning Gasoline (Summer) 5 9-Arizona (May 1 - September 30)* 

Cleaner Burning Gasoline (Winter) 5 9-Arizona (October 1 - April 30) 

Winter Gasoline (aromatics and sulfur) 5 9-Nevada 

* Dates refer to summer gasoline programs with different RVP control periods from the federal RVP control period, 

which runs from May 1st through September 15th for fuel manufacturers and June 1st through September 15th for 

downstream parties. 
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 4337 

risk or safety risk. Since this action does 

not concern human health, EPA’s Policy 

on Children’s Health also does not 

apply. 

H. Executive Order 13211: Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not subject to Executive 

Order 13211, because it is not a 

significant regulatory action under 

Executive Order 12866. 

I. National Technology Transfer and 

Advancement Act (NTTAA) and 1 CFR 

Part 51 

This action involves technical 

standards. Except for the standards 

discussed in this section, the standards 

included in the regulatory text as 

incorporated by reference were all 

previously approved for incorporation 

by reference (IBR) and no change is 

included in this action. 

In accordance with the requirements 

of 1 CFR 51.5, we are incorporating by 

reference the use of attestation 

standards from the American Institute of 

Certified Public Accountants (AICPA). 

The referenced standards may be 

obtained from AICPA, 220 Leigh Farm 

Rd., Durham, NC 27707–8110, (919) 

402–4500, or https://www.aicpacima.org. We are incorporating by 

reference the following standards from 

AICPA: 

BILLING CODE 6560–50–P 

In accordance with the requirements 

of 1 CFR 51.5, we are incorporating by 

reference the use of certain standards 

and test methods from ASTM 

International. The referenced standards 

and test methods may be obtained from 

ASTM International, 100 Barr Harbor 

Drive, P.O. Box C700, West 

Conshohocken, PA, 19428–2959, (610) 

832–9585, or https://www.astm.org. We 

are incorporating by reference the 

following standards from ASTM 

International: 


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Part and Section 

Standard or Test Method of Title 40 Summary 

AICP A Code of Professional §§ 1090.95 and This updated document describes 

Conduct, updated through December 1090.1800 standardized accounting practices 

2023 for performing audits. 

Statement on Quality Management §§ 1090.95 and This new standard describes 

Standards (SQMS) No. 1, A Firm's 1090.1800 requirements for designing quality 

System of Quality Management, standards. 

Issued June 2022 

Statement on Quality Management §§ 1090.95 and This new standard describes 

Standards (SQMS) No. 2, 1090.1800 quality standards for performing 

Engagement Quality Reviews, attestation engagements. 

Issued June 2022 

Statement on Quality Management §§ 1090.95 and This new standard describes 

Standards (SQMS) No. 3, 1090.1800 amended requirements for 

Amendments to QM Sections 10, "A designing quality standards and 

Firm's System of Quality performing attestation 

Management" and 20, "Engagement engagements. 

Quality Reviews;" Issued March 

2023 

Statement on Standards for §§ 1090.95 and This updated document describes 

Attestation Engagements (SSAE) 1090.1800 standardized practices for 

No. 19, Agreed-Upon Procedures performing attestation 

Engagements, Issued December engagements. 

2019 
4338 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 


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Part and Section 

Standard or Test Method of Title 40 Summary 

ASTM D86-23ael, Standard Test §§ 1090.95 and This updated standard describes 

Method for Distillation of Petroleum 1090.1350 procedures to characterize a fuel's 

Products and Liquid Fuels at distillation parameters. 

Atmospheric Pressure, approved 

December 1, 2023 

ASTM D975-24a, Standard §§ 1090.80 and This updated standard describes 

Specification for Diesel Fuel, 1090.95 parameters to characterize a range 

approved August 1, 2024 of properties and grades of diesel 

fuel. 
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 4339 

BILLING CODE 6560–50–C 


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ASTM D1319-20a, Standard Test §§ 1090.95 and This updated standard describes 

Method for Hydrocarbon Types in 1090.1350 procedures to measure the 

Liquid Petroleum Products by aromatic content of diesel fuel. 

Fluorescent Indicator Adsorption, 

approved August 1, 2020 

ASTM D2163-23el, Standard Test §§ 1090.95 and This updated standard describes 

Method for Determination of 1090.1350 procedures to measure the purity 

Hydrocarbons in Liquefied and benzene content of butane and 

Petroleum (LP) Gases and pentane 

Propane/Propene Mixtures by Gas 

Chromatography, approved March 

1, 2023 

ASTM D2622-24, Standard Test §§ 1090.95, This updated standard describes 

Method for Sulfur in Petroleum 1090.1350, procedures to measure sulfur 

Products by Wavelength Dispersive 1090.1360, and content. 

X-ray Fluorescence Spectrometry, 1090.1375 

approved July 1, 2024 

ASTM D3231-24, Standard Test §§ 1090.95 and This updated standard describes 

Method for Phosphorus in Gasoline, 1090.1350 procedures to measure the 

approved March 1, 2024 phosphorus content of gasoline. 

ASTM D3237-22, Standard Test §§ 1090.95 and This updated standard describes 

Method for Lead in Gasoline by 1090.1350 procedures to measure the lead 

Atomic Absorption Spectroscopy, content of gasoline. 

approved October 1, 2022 

ASTM D4052-22, Standard Test §§ 1090.95 and This updated standard describes 

Method for Density, Relative 1090.1337 procedures to measure fuel 

Density, and API Gravity of Liquids density. 

by Digital Density Meter, approved 

May 1, 2022 

ASTM D4057-22, Standard Practice §§ 1090.95, This updated standard describes 

for Manual Sampling of Petroleum 1090.1335, and procedures to normalize manual 

and Petroleum Products, approved 1090.1605 sampling procedures for 

May 1, 2022 measuring fuel parameters. 

ASTM D4177-22el, Standard §§ 1090.95, This updated standard describes 

Practice for Automatic Sampling of 1090.1315, and procedures to normalize automatic 

Petroleum and Petroleum Products, 1090.1335 sampling procedures for an in-line 

approved July 1, 2022 blending configuration. 

ASTM D4814-24a, Standard §§ 1090.80, This updated standard describes 

Specification for Automotive Spark- 1090.95, and parameters to characterize a range 

Ignition Engine Fuel, approved July 1090.1395 of properties and grades of motor 

1, 2024 gasoline. 

ASTM D5186-24, Standard Test §§ 1090.95 and This updated standard describes 

Method for Determination of the 1090.1350 procedures to measure the 

Aromatic Content and Polynuclear aromatic content of diesel fuel. 

Aromatic Content of Diesel Fuels 

By Supercritical Fluid 

Chromatography, approved July 1, 

2024 
4340 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

36OFR’s Document Drafting Handbook (Chapter 

2, 2–38) explains that agencies ‘‘[u]se [r]epublish to 

set out unchanged text for the convenience of the 

reader, often to provide context for your regulatory 

changes.’’ https://www.archives.gov/federalregister/write/handbook. Additional information on 

OFR’s mandatory use of ‘‘revise and republish’’ is 

available at https://www.archives.gov/federalregister/write/ddh/revise-republish. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

EPA believes this type of action does 

not concern human health or 

environmental conditions and therefore 

cannot be evaluated with respect to 

potentially disproportionate and 

adverse effects on communities with 

environmental justice concerns. This 

action does not affect the level of 

protection provided to human health or 

the environment by applicable air 

quality standards. This action makes 

relatively minor corrections and 

modifications to EPA’s existing fuel 

quality regulations and therefore will 

not cause emissions increases from 

these sources. 

K. Congressional Review Act (CRA) 

This action is subject to the CRA, and 

the EPA will submit a rule report to 

each House of the Congress and to the 

Comptroller General of the United 

States. This action is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

VI. Amendatory Instructions 

Amendatory instructions are the 

standard terms that OFR uses to give 

specific instructions to agencies on how 

to change the CFR. OFR’s historical 

guidance was to include amendatory 

instructions accompanying each 

individual change that was being made 

(e.g., each sentence or individual 

paragraph). The piecemeal amendments 

served as an indication of changes EPA 

was making. Due to the extensive 

number of technical and conforming 

amendments included in this action, 

however, EPA is utilizing OFR’s new 

amendatory instruction ‘‘revise and 

republish’’ for revisions that become 

effective in this action.36 Therefore, 

instead of the past practice of piecemeal 

amendments for revisions to the CFR, 

EPA is using the ‘‘revise and republish’’ 

instruction to both revise regulatory text 

and republish in their entirety certain 

sections of 40 CFR part 1090 that 

contain the regulatory text being 

revised. To indicate those portions of 

provisions where changes are being 

revised, EPA has created a red-line 

version of 40 CFR part 1090 that 

incorporates the changes. This red-line 

version is available in the docket for this 

action, as well as on EPA’s website at 

https://www.epa.gov/diesel-fuelstandards/fuels-regulatory-streamlining. 

This red-line version provides further 

context to assist the public in reviewing 

the regulatory text changes. As 

previously noted, EPA did not reopen 

those unchanged provisions for 

comment. Republishing provisions that 

are unchanged in this action is 

consistent with guidance from OFR. 

VII. Statutory Authority 

Statutory authority for this action 

comes from sections 114, 202, 203, 204, 

205, 206, 207, 208, 209, 211, 213, 216, 

and 301 of the Clean Air Act, 42 U.S.C. 

7414, 7521, 7522, 7523, 7524, 7525, 

7541, 7542, 7543, 7545, 7547, 7550, and 

7601. 

List of Subjects in 40 CFR Part 1090 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Diesel fuel, Fuel 

additives, Gasoline, Imports, 

Incorporation by reference, Oil imports, 

Petroleum, Renewable fuel. 

Michael S. Regan, 

Administrator. 

For the reasons set forth in the 

preamble, EPA amends 40 CFR part 

1090 as follows: 

PART 1090—REGULATION OF FUELS, 

FUEL ADDITIVES, AND REGULATED 

BLENDSTOCKS 

■ 1. The authority citation for part 1090 

continues to read as follows: 

Authority: 42 U.S.C. 7414, 7521, 7522– 

7525, 7541, 7542, 7543, 7545, 7547, 7550, 

and 7601. 

Subpart A—General Provisions 

■ 2. Amend § 1090.1 by revising and 

republishing paragraph (a) to read as 

follows: 

§ 1090.1 Applicability and relationship to 

other parts. 

(a) This part specifies fuel quality 

standards for gasoline and diesel fuel 

introduced into commerce in the United 

States. Additional requirements apply 

for fuel used in certain marine 

applications, as specified in paragraph 

(b) of this section. 

(1) The regulations include standards 

for fuel parameters that directly or 

indirectly affect vehicle, engine, and 

equipment emissions, air quality, and 

public health. The regulations also 

include standards and requirements for 

fuel additives and regulated blendstocks 

that are components of any fuel 

regulated under this part. 

(2) This part also specifies 

requirements for any person who 

engages in activities associated with the 

production, distribution, storage, and 

sale of any fuel, fuel additive, or 

regulated blendstock, such as collecting 

and testing samples for regulated 

parameters, reporting information to 

EPA to demonstrate compliance with 

fuel quality requirements, and 

performing other compliance measures 

to implement the standards. A party that 

produces and distributes other related 

products, such as heating oil, may need 

to meet certain reporting, 

recordkeeping, labeling, or other 

requirements of this part. 

* * * * * 

■ 3. Amend § 1090.5 by: 

■ a. Revising paragraphs (b)(3) and 

(c)(4); and 

■ b. Adding paragraph (d). 

The revisions and addition read as 

follows: 

§ 1090.5 Implementation dates. 

* * * * * 

(b) * * * 

(3) Unless otherwise specified, a 

regulated party must use the provisions 

of 40 CFR part 80 in 2021 to 

demonstrate compliance with regulatory 

requirements for the 2020 calendar year. 

This applies to calculating credits for 

the 2020 compliance period, and to any 

sampling, testing, reporting, or auditing 

related to any fuel, fuel additive, or 

regulated blendstock produced or 

imported in 2020. 

* * * * * 

(c) * * * 

(4) The independent surveyor may 

collect only one summer or winter 

gasoline sample for each participating 

gasoline manufacturing facility instead 

of the minimum two samples required 

under § 1090.1450(c)(2)(i). 

(d) The following requirements apply 

beginning with the 2025 or 2026 

compliance period: 

(1) Fuel manufacturers operating 

under an approved in-line blending 

waiver under § 1090.1315 as of July 1, 

2025, must have an approved in-line 

blending waiver that complies with all 

the provisions of § 1090.1315(a)(7) 

through (13) no later than January 1, 

2026. Such fuel manufacturers must 

comply with the in-line blending waiver 

auditing requirements of § 1090.1850(b) 

starting with either the 2025 or 2026 

compliance period, whichever is the 

earliest compliance period for which 

they have an approved in-line blending 

waiver that complies with all the 

provisions of § 1090.1315(a)(7) through 

(13). 


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(2) Gasoline manufacturers must 

comply with the batch reporting 

requirements in 

§ 1090.905(c)(1)(viii)(A)(2), 

(c)(2)(viii)(A)(2), and (c)(8)(vii)(A)(2) 

beginning with the 2026 compliance 

period. 

■ 4. Amend § 1090.15 by revising 

paragraph (e) to read as follows: 

§ 1090.15 Confidential business 

information. 

* * * * * 

(e) EPA may disclose the information 

specified in paragraphs (b) through (d) 

of this section on its website, or 

otherwise make it available to interested 

parties, without additional notice, 

notwithstanding any claims that the 

information is entitled to confidential 

treatment under 40 CFR part 2, subpart 

B or 5 U.S.C. 552(b)(4). 

■ 5. Amend § 1090.20 by: 

■ a. Revising paragraph (f); and 

■ b. Adding paragraph (g). 

The revision and addition read as 

follows: 

§ 1090.20 Approval of submissions under 

this part. 

* * * * * 

(f) Any person who has an approval 

revoked or voided under this part is 

liable for any resulting violation of the 

requirements of this part. 

(g) Submitting false, misleading, or 

incomplete information is a violation of 

law. 

■ 6. Amend § 1090.50 by revising 

paragraph (a) to read as follows: 

§ 1090.50 Rounding. 

(a) Unless otherwise specified, round 

values to the number of significant 

digits necessary to match the number of 

decimal places of the applicable 

standard or specification. Perform all 

rounding as specified in 40 CFR 

1065.20(e)(1) through (6). 

* * * * * 

■ 7. Amend § 1090.55 by revising and 

republishing paragraph (b) to read as 

follows: 

§ 1090.55 Requirements for independent 

parties. 

* * * * * 

(b) Technical ability. The third party 

must meet all the following 

requirements in order to demonstrate 

their technical capability to perform 

specified activities under this part: 

(1) An independent surveyor that 

conducts a survey under subpart O of 

this part must have personnel familiar 

with petroleum marketing, the sampling 

and testing of gasoline and diesel fuel at 

retail outlets, and the designing of 

surveys to estimate compliance rates for 

fuel parameters nationwide. The 

independent surveyor must demonstrate 

this technical ability in plans submitted 

under subpart O of this part. 

(2) A laboratory attempting to qualify 

alternative procedures must contract 

with an independent third party to 

verify the accuracy and precision of 

measured values as specified in 

§ 1090.1365. The independent third 

party must demonstrate work 

experience and a good working 

knowledge of the VCSB methods 

specified in §§ 1090.1335, 1090.1365, 

and 1090.1370, with training and 

expertise corresponding to a bachelor’s 

degree in chemical engineering, or 

combined bachelor’s degrees in 

chemistry and statistics. 

(3) Any person auditing in-line 

blending operations must be familiar 

with the waiver provisions of 

§ 1090.1315 and be proficient with the 

sampling procedures specified in 

§ 1090.1335(c). 

* * * * * 

■ 8. Amend § 1090.80 by: 

■ a. Revising the definitions ‘‘Auditor’’, 

‘‘Automated detergent blending 

facility’’, and ‘‘Batch’’; 

■ b. Removing the definition ‘‘California 

diesel’’; 

■ c. Adding the definition ‘‘California 

diesel fuel’’ in alphabetical order; 

■ d. Revising the definitions ‘‘Certified 

ethanol denaturant producer’’, 

‘‘Detergent additive package’’, 

‘‘Detergent blender’’, and ‘‘Diesel fuel 

manufacturer’’; 

■ e. Adding the definition ‘‘Distillate 

global marine fuel’’ in alphabetical 

order; 

■ f. Revising the definitions 

‘‘Downstream location’’, ‘‘E0’’, and 

‘‘E85’’; 

■ g. Adding the definition ‘‘ECA 

associated area’’ in alphabetical order; 

■ h. Revising the definition ‘‘ECA 

marine fuel’’; 

■ i. Adding the definition ‘‘Emission 

control area (ECA)’’ in alphabetical 

order; 

■ j. Revising the definitions ‘‘Fuel 

additive’’ and ‘‘Fuel additive 

manufacturer’’; 

■ k. Adding the definition ‘‘Fuel 

additive manufacturing facility’’ in 

alphabetical order; 

■ l. Revising the definitions ‘‘Fuel 

manufacturing facility’’, ‘‘Gasoline 

before oxygenate blending (BOB)’’, 

‘‘Gasoline manufacturer’’, ‘‘Global 

marine fuel’’, ‘‘Marine engine’’, ‘‘Nonautomated detergent blending facility’’, 

and ‘‘Reformulated gasoline (RFG)’’; 

■ m. Adding the definition ‘‘Regulated 

blendstock import facility’’ in 

alphabetical order; 

■ n. Revising the definition ‘‘Regulated 

blendstock producer’’; 

■ o. Adding the definition ‘‘Regulated 

blendstock production facility’’ in 

alphabetical order; 

■ p. Revising the definitions ‘‘Sampling 

strata’’ and ‘‘Transmix processor’’; 

■ q. Removing the definition ‘‘Volume 

Additive Reconciliation (VAR) Period’’; 

■ r. Adding the definition ‘‘Volume 

additive reconciliation (VAR) period’’ in 

alphabetical order; and 

■ s. Revising the definition ‘‘Wholesale 

purchaser-consumer (WPC)’’. 

The revisions and additions read as 

follows: 

§ 1090.80 Definitions. 

* * * * * 

Auditor means any person who 

conducts audits under subpart S of this 

part. 

Automated detergent blending facility 

means any facility (including, but not 

limited to, a truck or individual storage 

tank) at which detergent is blended with 

gasoline by means of an injector system 

calibrated to automatically deliver a 

specified amount of detergent. 

* * * * * 

Batch means a quantity of fuel, fuel 

additive, or regulated blendstock with 

properties that can be characterized by 

a single set of values using the 

measurement procedures in subpart N 

of this part. 

* * * * * 

California diesel fuel means diesel 

fuel designated by a diesel fuel 

manufacturer as for use in California. 

* * * * * 

Certified ethanol denaturant producer 

means any person who certifies ethanol 

denaturant as meeting the requirements 

in § 1090.275. 

* * * * * 

Detergent additive package means an 

additive package containing detergent 

and may also contain carrier oils and 

other active components such as 

corrosion inhibitors, antioxidants, metal 

deactivators, and handling solvents. 

Detergent blender means any person 

who owns, leases, operates, controls, or 

supervises the blending operation of a 

detergent blending facility, or who 

imports detergent-additized gasoline. 

* * * * * 

Diesel fuel manufacturer means a fuel 

manufacturer that owns, leases, 

operates, controls, or supervises a diesel 

fuel manufacturing facility. 

* * * * * 

Distillate global marine fuel means 

global marine fuel that is distillate fuel. 

* * * * * 

Downstream location means any point 

in the fuel distribution system other 


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than a fuel manufacturing facility 

through which fuel passes after it leaves 

the fuel manufacturing facility gate at 

which it was certified (e.g., fuel at 

facilities of distributors, pipelines, 

terminals, carriers, retailers, oxygenate 

blenders, and WPCs). 

E0 means gasoline that contains no 

ethanol. 

* * * * * 

E85 means a fuel that contains more 

than 50 and no more than 83 volume 

percent ethanol and is used, intended 

for use, or made available for use in 

flex-fuel vehicles or flex-fuel engines. 

E85 is not gasoline. 

ECA associated area has the meaning 

given in 40 CFR 1043.20. 

ECA marine fuel means diesel fuel, 

distillate fuel, or residual fuel used, 

intended for use, or made available for 

use in C3 marine vessels while the 

vessels are operating within an ECA, or 

an ECA associated area. 

Emission control area (ECA) has the 

meaning given in 40 CFR 1043.20. 

* * * * * 

Fuel additive has the same meaning as 

additive in 40 CFR 79.2(e). 

* * * * * 

Fuel additive manufacturer means 

any person who owns, leases, operates, 

controls, or supervises a fuel additive 

manufacturing facility. 

Fuel additive manufacturing facility 

means any facility where fuel additive 

is produced or imported. 

* * * * * 

Fuel manufacturing facility means 

any facility where fuel is produced, 

imported, or recertified. Fuel 

manufacturing facilities include 

refineries, fuel blending facilities, 

transmix processing facilities, import 

facilities, and any facility where fuel is 

recertified. 

* * * * * 

Gasoline before oxygenate blending 

(BOB) means gasoline for which a 

gasoline manufacturer has accounted for 

oxygenate added downstream under 

§ 1090.710. BOB is subject to all the 

requirements and standards that apply 

to gasoline, unless subject to a specific 

alternative standard or requirement 

under this part. 

Gasoline manufacturer means a fuel 

manufacturer that owns, leases, 

operates, controls, or supervises a 

gasoline manufacturing facility. 

* * * * * 

Global marine fuel means diesel fuel, 

distillate fuel, or residual fuel used, 

intended for use, or made available for 

use in steamships or Category 3 marine 

vessels while the vessels are operating 

in international waters or in any waters 

outside the boundaries of an ECA. 

Global marine fuel is subject to the 

provisions of MARPOL Annex VI. (Note: 

This part regulates only distillate global 

marine fuel.) 

* * * * * 

Marine engine has the meaning given 

in 40 CFR 1042.901. 

* * * * * 

Non-automated detergent blending 

facility means any facility (including a 

truck or individual storage tank) at 

which detergent additive is blended 

using a hand-blending technique or any 

other non-automated method. 

* * * * * 

Reformulated gasoline (RFG) means 

gasoline that is certified under 

§ 1090.1000(b) and that meets the 

standards and requirements in 

§ 1090.220. 

* * * * * 

Regulated blendstock import facility 

means any facility where regulated 

blendstock is imported into the United 

States. 

Regulated blendstock producer means 

any person who produces or imports 

regulated blendstock in the United 

States, or any person who owns, leases, 

operates, controls, or supervises a 

facility where regulated blendstock is 

produced or imported. 

Regulated blendstock production 

facility means any facility where 

regulated blendstock is produced. 

* * * * * 

Sampling strata means the following 

types of areas sampled during a survey: 

(1) Densely populated areas. 

(2) Transportation corridors. 

(3) Rural areas. 

* * * * * 

Transmix processor means any person 

who owns, leases, operates, controls, or 

supervises a transmix processing facility 

in the United States. A transmix 

processor is a fuel manufacturer. 

* * * * * 

Volume additive reconciliation (VAR) 

period means the following: 

(1) For an automated detergent 

blending facility, the VAR period is a 

time period lasting no more than 31 

days or until an adjustment to a 

detergent concentration rate that 

increases the initial rate by more than 

10 percent, whichever occurs first. The 

concentration setting for a detergent 

injector may be adjusted by more than 

10 percent above the initial rate without 

terminating the VAR period, provided 

the purpose of the change is to correct 

a batch misadditization prior to the 

transfer of the batch to another party, or 

to correct an equipment malfunction 

and the concentration is immediately 

returned to no more than 10 percent 

above the initial rate of concentration 

after the correction. 

(2) For a non-automated detergent 

blending facility, the VAR period 

constitutes the blending of one batch of 

gasoline. 

* * * * * 

Wholesale purchaser-consumer (WPC) 

means any person who is an ultimate 

consumer of fuels and who purchases or 

obtains fuels for use in motor vehicles, 

nonroad vehicles, nonroad engines, or 

nonroad equipment, including 

locomotive or marine engines, and, in 

the case of liquid fuels, receives 

delivery of that product into a storage 

tank of at least 550-gallon capacity 

substantially under the control of that 

person. 

* * * * * 

■ 9. Amend § 1090.85 by adding 

paragraph (g) to read as follows: 

§ 1090.85 Explanatory terms. 

* * * * * 

(g) Generic terms. Certain terms that 

are generically defined in this part (e.g., 

‘‘fuel manufacturing facility’’ or 

‘‘importer’’) may also be used to refer to 

a specific fuel, fuel additive, or 

regulated blendstock type (e.g., ‘‘diesel 

fuel manufacturing facility’’ or ‘‘gasoline 

importer’’). 

■ 10. Amend § 1090.90 by: 

■ a. Revising the entry ‘‘PLOQ’’; and 

■ b. Adding the entry ‘‘VAR’’ in 

alphabetical order. 

The revision and addition read as 

follows: 

§ 1090.90 Acronyms and abbreviations. 


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*******

PLOQ ........................................................................................................ pooled limit of quantitation. 

* * * * * * * 

VAR ........................................................................................................... volume additive reconciliation. 

* * * * * * * 

■ 11. Amend § 1090.95 by: 

■ a. Revising paragraphs (a), (b), and 

(c)(1), (3), and (6) through (8); 

■ b. Removing paragraph (c)(9) and 

redesignating paragraphs (c)(10) through 

(37) as paragraphs (c)(9) through (36); 

■ c. Revising newly redesignated 

paragraphs (c)(9), (10), (12) through (14), 

(17), (19), (20), (23), (24), (29), (31), and 

(35); 

■ d. Removing paragraph (c)(38) and 

redesignating paragraphs (c)(39) and 

(40) as paragraphs (c)(37) and (38); and 

■ e. In paragraph (d)(1), remove the text 

‘‘May 17, 1999’’ and add, in its place, 

the text ‘‘May 17, 1999; IBR approved 

for § 1090.1395(b)’’. 

The revisions read as follows: 

§ 1090.95 Incorporation by reference. 

(a) Certain material is incorporated by 

reference into this part with the 

approval of the Director of the Federal 

Register under 5 U.S.C. 552(a) and 1 

CFR part 51. All approved incorporation 

by reference (IBR) material is available 

for inspection at the U.S. EPA and at the 

National Archives and Records 

Administration (NARA). Contact the 

U.S. EPA at: U.S. EPA, Air and 

Radiation Docket and Information 

Center, WJC West Building, Room 3334, 

1301 Constitution Ave. NW, 

Washington, DC 20460; (202) 566–1742. 

For information on the availability of 

this material at NARA, visit 

www.archives.gov/federal-register/cfr/ 

ibr-locations.html or email 

fr.inspection@nara.gov. The material 

may be obtained from the sources in the 

following paragraphs of this section. 

(b) American Institute of Certified 

Public Accountants, 220 Leigh Farm 

Rd., Durham, NC 27707–8110; (919) 

402–4500; www.aicpa-cima.org. 

(1) AICPA Code of Professional 

Conduct, updated through December 

2023; IBR approved for § 1090.1800(b). 

(2) Statements on Quality Control 

Standards (SQCS) No. 8, QC Section 10: 

A Firm’s System of Quality Control, 

current as of July 1, 2019; IBR approved 

for § 1090.1800(b). 

(3) Statement on Quality Management 

Standards (SQMS) No. 1, A Firm’s 

System of Quality Management, Issued 

June 2022; IBR approved for 

§ 1090.1800(b). 

(4) Statement on Quality Management 

Standards (SQMS) No. 2, Engagement 

Quality Reviews, Issued June 2022; IBR 

approved for § 1090.1800(b). 

(5) Statement on Quality Management 

Standards (SQMS) No. 3, Amendments 

to QM Sections 10, A Firm’s System of 

Quality Management, and 20, 

Engagement Quality Reviews, Issued 

March 2023; IBR approved for 

§ 1090.1800(b). 

(6) Statement on Standards for 

Attestation Engagements (SSAE) No. 19, 

Agreed-Upon Procedures Engagement, 

Issued December 2019; IBR approved for 

§ 1090.1800(b). 

(c) * * * 

(1) ASTM D86–23ae1, Standard Test 

Method for Distillation of Petroleum 

Products and Liquid Fuels at 

Atmospheric Pressure, approved 

December 1, 2023 (‘‘ASTM D86’’); IBR 

approved for § 1090.1350(b). 

* * * * * 

(3) ASTM D975–24a, Standard 

Specification for Diesel Fuel, approved 

August 1, 2024 (‘‘ASTM D975’’); IBR 

approved for § 1090.80. 

* * * * * 

(6) ASTM D1319–20a, Standard Test 

Method for Hydrocarbon Types in 

Liquid Petroleum Products by 

Fluorescent Indicator Adsorption, 

approved August 1, 2020 (‘‘ASTM 

D1319’’); IBR approved for 

§ 1090.1350(b). 

(7) ASTM D2163–23e1, Standard Test 

Method for Determination of 

Hydrocarbons in Liquefied Petroleum 

(LP) Gases and Propane/Propene 

Mixtures by Gas Chromatography, 

approved March 1, 2023 (‘‘ASTM 

D2163’’); IBR approved for 

§ 1090.1350(b). 

(8) ASTM D2622–24, Standard Test 

Method for Sulfur in Petroleum 

Products by Wavelength Dispersive Xray Fluorescence Spectrometry, 

approved July 1, 2024 (‘‘ASTM D2622’’); 

IBR approved for §§ 1090.1350(b); 

1090.1360(d); 1090.1375(c). 

(9) ASTM D3231–24, Standard Test 

Method for Phosphorus in Gasoline, 

approved March 1, 2024 (‘‘ASTM 

D3231’’); IBR approved for 

§ 1090.1350(b). 

(10) ASTM D3237–22, Standard Test 

Method for Lead in Gasoline by Atomic 

Absorption Spectroscopy, approved 

October 1, 2022 (‘‘ASTM D3237’’); IBR 

approved for § 1090.1350(b). 

* * * * * 

(12) ASTM D4052–22, Standard Test 

Method for Density, Relative Density, 

and API Gravity of Liquids by Digital 

Density Meter, approved May 1, 2022 

(‘‘ASTM D4052’’); IBR approved for 

§ 1090.1337(d) and (f). 

(13) ASTM D4057–22, Standard 

Practice for Manual Sampling of 

Petroleum and Petroleum Products, 

approved May 1, 2022 (‘‘ASTM 

D4057’’); IBR approved for 

§§ 1090.1335(b); 1090.1605(b). 

(14) ASTM D4177–22e1, Standard 

Practice for Automatic Sampling of 

Petroleum and Petroleum Products, 

approved July 1, 2022 (‘‘ASTM D4177’’); 

IBR approved for §§ 1090.1315(a); 

1090.1335(c). 

* * * * * 

(17) ASTM D4814–24a, Standard 

Specification for Automotive SparkIgnition Engine Fuel, approved July 1, 

2024 (‘‘ASTM D4814’’); IBR approved 

for §§ 1090.80; 1090.1395(a). 

* * * * * 

(19) ASTM D5186–24, Standard Test 

Method for Determination of the 

Aromatic Content and Polynuclear 

Aromatic Content of Diesel Fuels By 

Supercritical Fluid Chromatography, 

approved July 1, 2024 (‘‘ASTM D5186’’); 

IBR approved for § 1090.1350(b). 

(20) ASTM D5191–22, Standard Test 

Method for Vapor Pressure of Petroleum 

Products and Liquid Fuels (Mini 

Method), approved July 1, 2022 (‘‘ASTM 

D5191’’); IBR approved for 

§ 1090.1360(d). 

* * * * * 

(23) ASTM D5599–22, Standard Test 

Method for Determination of 

Oxygenates in Gasoline by Gas 

Chromatography and Oxygen Selective 

Flame Ionization Detection, approved 

April 1, 2022 (‘‘ASTM D5599’’); IBR 

approved for § 1090.1360(d). 

(24) ASTM D5769–22, Standard Test 

Method for Determination of Benzene, 

Toluene, and Total Aromatics in 

Finished Gasolines by Gas 

Chromatography/Mass Spectrometry, 

approved July 1, 2022 (‘‘ASTM D5769’’); 


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IBR approved for §§ 1090.1350(b); 

1090.1360(d). 

* * * * * 

(29) ASTM D6299–23a, Standard 

Practice for Applying Statistical Quality 

Assurance and Control Charting 

Techniques to Evaluate Analytical 

Measurement System Performance, 

approved December 1, 2023 (‘‘ASTM 

D6299’’); IBR approved for 

§§ 1090.1300; 1090.1370(c); 

1090.1375(a), (b), (c), and (d); and 

1090.1450(c). 

* * * * * 

(31) ASTM D6667–21, Standard Test 

Method for Determination of Total 

Volatile Sulfur in Gaseous 

Hydrocarbons and Liquefied Petroleum 

Gases by Ultraviolet Fluorescence, 

approved April 1, 2021 (‘‘ASTM 

D6667’’); IBR approved for 

§§ 1090.1360(d); 1090.1375(c). 

* * * * * 

(35) ASTM D6751–24, Standard 

Specification for Biodiesel Fuel Blend 

Stock (B100) for Middle Distillate Fuels, 

approved March 1, 2024 (‘‘ASTM 

D6751’’); IBR approved for 

§ 1090.1350(b). 

* * * * * 

Subpart B—General Requirements and 

Provisions for Regulated Parties 

■ 12. Amend § 1090.100 by revising the 

introductory text and paragraph (d) to 

read as follows: 

§ 1090.100 General provisions. 

This subpart provides an overview of 

the general requirements and provisions 

applicable to any regulated party under 

this part. A person who meets the 

definition of more than one type of 

regulated party must comply with the 

requirements applicable to each of those 

types of regulated parties. For example, 

a fuel manufacturer that also transports 

fuel must meet the requirements 

applicable to a fuel manufacturer and a 

distributor. A regulated party is required 

to comply with all applicable 

requirements of this part, regardless of 

whether they are identified in this 

subpart. Any person who produces, 

sells, transfers, supplies, dispenses, or 

distributes fuel, fuel additive, or 

regulated blendstock must comply with 

all applicable requirements. 

* * * * * 

(d) Importers. In addition to the 

requirements of paragraphs (a) through 

(c) of this section and §§ 1090.105 and 

1090.155, an importer must also comply 

with subpart Q of this part. 

■ 13. Amend § 1090.105 by revising 

paragraphs (a)(1), (a)(8), (b)(4), and (b)(8) 

to read as follows: 

§ 1090.105 Fuel manufacturers. 

* * * * * 

(a) * * * 

(1) Producing compliant gasoline. A 

gasoline manufacturer must produce or 

import gasoline that meets the standards 

in subpart C of this part and must 

comply with the ABT requirements of 

subpart H of this part. 

* * * * * 

(8) Annual attestation engagement. A 

gasoline manufacturer must submit 

annual attestation engagement reports to 

EPA under subpart S of this part. 

(b) * * * 

(4) Certification and designation. (i) A 

diesel fuel or ECA marine fuel 

manufacturer must certify and designate 

the diesel fuel or ECA marine fuel they 

produce under subpart K of this part. 

(ii) A distillate global marine fuel 

manufacturer must designate the 

distillate global marine fuel they 

produce under subpart K of this part. 

* * * * * 

(8) Distillate global marine fuel 

manufacturers. A distillate global 

marine fuel manufacturer does not need 

to comply with the requirements of 

paragraphs (b)(1), (2), (3), and (6) of this 

section for distillate global marine fuel 

that is exempt from the standards in 

subpart D of this part, as specified in 

§ 1090.650. 

§ 1090.110 [Amended] 

■ 14. Amend § 1090.110 by removing 

paragraph (c) and redesignating 

paragraph (d) as paragraph (c). 

■ 15. Amend § 1090.130 by revising 

paragraphs (d), (f), and (g) to read as 

follows: 

§ 1090.130 Certified butane blenders. 

* * * * * 

(d) PTDs. On each occasion when a 

certified butane blender transfers 

custody of or title to any gasoline 

blended with certified butane, the 

transferor must provide to the transferee 

PTDs under subpart L of this part. 

* * * * * 

(f) Survey. A certified butane blender 

may participate in the applicable fuel 

surveys under subpart O of this part. 

(g) Annual attestation engagement. A 

certified butane blender must submit 

annual attestation engagement reports to 

EPA under subpart S of this part. 

■ 16. Amend § 1090.140 by revising 

paragraphs (d), (f), and (g) to read as 

follows: 

§ 1090.140 Certified pentane blenders. 

* * * * * 

(d) PTDs. On each occasion when a 

certified pentane blender transfers 

custody of or title to any gasoline 

blended with certified pentane, the 

transferor must provide to the transferee 

PTDs under subpart L of this part. 

* * * * * 

(f) Survey. A certified pentane blender 

may participate in the applicable fuel 

surveys under subpart O of this part. 

(g) Annual attestation engagement. A 

certified pentane blender must submit 

annual attestation engagement reports to 

EPA under subpart S of this part. 

■ 17. Amend § 1090.145 by revising 

paragraph (g) to read as follows: 

§ 1090.145 Transmix processors. 

* * * * * 

(g) Annual attestation engagement. A 

transmix processor must submit annual 

attestation engagement reports to EPA 

under subpart S of this part. 

■ 18. Amend § 1090.155 by revising 

paragraphs (a)(1), (b)(1), and (b)(3) to 

read as follows: 

§ 1090.155 Fuel additive manufacturers. 

* * * * * 

(a) * * * 

(1) Gasoline additive standards. A 

gasoline additive manufacturer must 

comply with the applicable 

requirements of subpart C of this part. 

* * * * * 

(b) * * * 

(1) Diesel fuel additive standards. A 

diesel fuel additive manufacturer must 

comply with the applicable 

requirements of subpart D of this part. 

* * * * * 

(3) PTDs. On each occasion when a 

diesel fuel additive manufacturer 

transfers custody of or title to any diesel 

fuel additive, the transferor must 

provide to the transferee PTDs under 

subpart L of this part. 

* * * * * 

■ 19. Amend § 1090.160 by revising 

paragraphs (a) and (b) to read as follows: 

§ 1090.160 Distributors, carriers, and 

resellers. 

* * * * * 

(a) Gasoline and diesel fuel standards. 

A distributor, carrier, or reseller must 

comply with the applicable 

requirements of subparts C and D of this 

part. 

(b) Registration. A distributor or 

carrier must register with EPA under 

subpart I of this part if they are part of 

the 500 ppm LM diesel fuel distribution 

chain in a compliance plan submitted 

under § 1090.515(g). 

* * * * * 

■ 20. Amend § 1090.165 by revising 

paragraphs (a) and (c) to read as follows: 

§ 1090.165 Retailers and WPCs. 

* * * * * 


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(a) Gasoline and diesel fuel standards. 

A retailer or WPC must comply with the 

applicable requirements of subparts C 

and D of this part. 

* * * * * 

(c) Fuels produced through fuel 

dispensers. A retailer or WPC that 

produces gasoline (e.g., E15) through a 

fuel dispenser with anything other than 

PCG and DFE is also a blending 

manufacturer and must comply with the 

applicable requirements in § 1090.105. 

■ 21. Amend § 1090.175 by revising 

paragraphs (c) and (d) to read as follows: 

§ 1090.175 Auditors. 

* * * * * 

(c) Attestation engagements. An 

auditor must conduct audits under 

subpart S of this part. 

(d) Independence requirements. In 

order to perform an annual attestation 

engagement under subpart S of this part, 

an auditor must meet the independence 

requirements in § 1090.55 unless they 

are a certified internal auditor under 

§ 1090.1800(b)(1)(i). 

■ 22. Amend § 1090.180 by revising 

paragraphs (a) and (c) to read as follows: 

§ 1090.180 Pipeline operators. 

* * * * * 

(a) Gasoline and diesel fuel standards. 

A pipeline operator must comply with 

the applicable requirements of subparts 

C and D of this part. 

* * * * * 

(c) Transmix requirements. A pipeline 

operator must comply with all 

applicable requirements of subpart F of 

this part. 

Subpart C—Gasoline Standards 

■ 23. Amend § 1090.200 by revising 

paragraph (c)(2)(i) to read as follows: 

§ 1090.200 Overview and general 

requirements. 

* * * * * 

(c) * * * 

(2) * * * 

(i) Importers that import gasoline by 

rail or truck using the provisions of 

§ 1090.1610 to meet the alternative pergallon standards of §§ 1090.205(d) and 

1090.210(c). 

* * * * * 

■ 24. Amend § 1090.210 by revising 

paragraph (c)(1) to read as follows: 

§ 1090.210 Benzene standards. 

* * * * * 

(c) * * * 

(1) An importer that imports gasoline 

by rail or truck under § 1090.1610 must 

comply with a benzene per-gallon 

standard of 0.62 volume percent instead 

of the standards specified in paragraphs 

(a) and (b) of this section. 

* * * * * 

■ 25. Revise and republish § 1090.215 to 

read as follows: 

§ 1090.215 Gasoline RVP standards. 

Except as specified in subpart G of 

this part and paragraph (d) of this 

section, all gasoline designated as 

summer gasoline or located at any 

location in the United States during the 

summer season is subject to a maximum 

RVP per-gallon standard in this section. 

(a)(1) Federal 9.0 psi maximum RVP 

per-gallon standard. Gasoline 

designated as summer gasoline or 

located at any location in the United 

States during the summer season must 

meet a maximum RVP per-gallon 

standard of 9.0 psi unless the gasoline 

is subject to one of the lower maximum 

RVP per-gallon standards specified in 

paragraphs (a)(2) through (5) of this 

section. 

(2) Federal 7.8 maximum RVP pergallon standard. (i) Except as specified 

in paragraph (a)(2)(ii) of this section, 

gasoline designated as 7.8 psi summer 

gasoline, or located in the following 

areas during the summer season, must 

meet a maximum RVP per-gallon 

standard of 7.8 psi: 

TABLE 1 TO PARAGRAPH (a)(2)(i)—FEDERAL 7.8 psi RVP AREAS

Area designation State Counties 

Denver-Boulder-Greeley-Ft. CollinsLoveland.Colorado ................ Adams Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, Larimer,1

Weld.2

Reno ........................................................ Nevada .................. Washoe. 

Portland ................................................... Oregon ................... Clackamas (only the Air Quality Maintenance Area), Multnomah (only the Air 

Quality Maintenance Area), Washington (only the Air Quality Maintenance 

Area). 

Salem ...................................................... Oregon ................... Marion (only the Salem Area Transportation Study), Polk (only the Salem Area 

Transportation Study). 

Beaumont-Port Arthur ............................. Texas ..................... Hardin, Jefferson, Orange. 

Salt Lake City .......................................... Utah ....................... Davis, Salt Lake. 

1That portion of Larimer County, CO that lies south of a line described as follows: Beginning at a point on Larimer County’s eastern boundary 

and Weld County’s western boundary intersected by 40 degrees, 42 minutes, and 47.1 seconds north latitude, proceed west to a point defined 

by the intersection of 40 degrees, 42 minutes, 47.1 seconds north latitude and 105 degrees, 29 minutes, and 40.0 seconds west longitude, 

thence proceed south on 105 degrees, 29 minutes, 40.0 seconds west longitude to the intersection with 40 degrees, 33 minutes and 17.4 seconds north latitude, thence proceed west on 40 degrees, 33 minutes, 17.4 seconds north latitude until this line intersects Larimer County’s western boundary and Grand County’s eastern boundary. (Includes part of Rocky Mtn. Nat. Park.) 2That portion of Weld County, CO that lies south of a line described as follows: Beginning at a point on Weld County’s eastern boundary and 

Logan County’s western boundary intersected by 40 degrees, 42 minutes, 47.1 seconds north latitude, proceed west on 40 degrees, 42 minutes, 

47.1 seconds north latitude until this line intersects Weld County’s western boundary and Larimer County’s eastern boundary. 

(ii) Gasoline designated as 9.0 psi 

summer gasoline may be located in the 

areas specified in table 1 to paragraph 

(a)(2)(i) of this section between May 1 

and May 31. 

(3) RFG maximum RVP per-gallon 

standard. Gasoline designated as 

Summer RFG or located in an RFG 

covered area during the summer season 

must meet a maximum RVP per-gallon 

standard of 7.4 psi. 

(4) California gasoline. Gasoline 

designated as California gasoline or 

used in areas subject to the California 

reformulated gasoline regulations must 

comply with those regulations under 

Title 13, California Code of Regulations, 

sections 2250–2273.5. 

(5) SIP-controlled gasoline. Gasoline 

designated as SIP-controlled gasoline or 

used in areas subject to a SIP-approved 

state fuel rule that requires an RVP of 

less than 9.0 psi must meet the 

requirements of the federally approved 

SIP. 

(b) Ethanol 1.0 psi waiver. (1) Except 

as specified in paragraph (b)(3) of this 

section, any gasoline subject to a federal 

9.0 psi or 7.8 psi RVP standard in 

paragraph (a)(1) or (2) of this section 

that meets the requirements of 

paragraph (b)(2) of this section is not in 

violation of this section if its RVP does 


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not exceed the applicable standard by 

more than 1.0 psi. 

(2) To qualify for the special 

regulatory treatment specified in 

paragraph (b)(1) of this section, gasoline 

must meet the applicable RVP standard 

in paragraph (a)(1) or (2) of this section 

prior to the addition of ethanol and 

must contain ethanol at a concentration 

of at least 9 volume percent and no 

more than 10 volume percent. 

(3)(i) RFG and SIP-controlled gasoline 

that does not allow for the ethanol 1.0 

psi waiver does not qualify for the 

special regulatory treatment specified in 

paragraph (b)(1) of this section. 

(ii) Gasoline subject to the 9.0 psi RVP 

standard in paragraph (a)(1) of this 

section in the following areas is 

excluded from the special regulatory 

treatment specified in paragraph (b)(1) 

of this section: 

TABLE 2 TO PARAGRAPH (b)(3)(ii)—AREAS EXCLUDED FROM THE ETHANOL 1.0 psi WAIVER

State Counties Effective date 

Illinois ................................................................. All ...................................................................... April 28, 2025. 

Iowa ................................................................... All ...................................................................... April 28, 2025. 

Minnesota .......................................................... All ...................................................................... April 28, 2025. 

Missouri ............................................................. All ...................................................................... April 28, 2025. 

Nebraska ........................................................... All ...................................................................... April 28, 2025. 

Ohio ................................................................... All ...................................................................... April 28, 2025. 

South Dakota ..................................................... All ...................................................................... April 28, 2025. 

Wisconsin .......................................................... All ...................................................................... April 28, 2025. 

(c) Gasoline subject to more than one 

RVP standard. Gasoline located in an 

area of the United States subject to more 

than one RVP standard specified in 

paragraphs (a)(1) through (5) of this 

section must meet the most stringent 

standard. 

(d) Exceptions. The RVP standard in 

paragraph (a) of this section for the area 

in which the gasoline is located does 

not apply to that gasoline if the 

person(s) who produced, imported, 

sold, offered for sale, distributed, 

offered to distribute, supplied, offered 

for supply, dispensed, stored, 

transported, or introduced the gasoline 

into commerce can demonstrate one of 

the following: 

(1) The gasoline is designated as 

winter gasoline and was not sold, 

offered for sale, supplied, offered for 

supply, dispensed, or introduced into 

commerce for use during the summer 

season and was not delivered to any 

retail outlet or WPC during the summer 

season. 

(2) The gasoline is designated as 

summer gasoline for use in an area other 

than the area in which it is located and 

was not sold, offered for sale, supplied, 

offered for supply, dispensed, or 

introduced into commerce in the area in 

which the gasoline is located. In this 

case, the standard that applies to the 

gasoline is the standard applicable to 

the area for which the gasoline is 

designated. 

■ 26. Amend § 1090.220 by revising 

paragraph (e) to read as follows: 

§ 1090.220 RFG standards. 

* * * * * 

(e) Certified butane and certified 

pentane blending limitation. Certified 

butane and certified pentane must not 

be blended with Summer RFG or 

Summer RBOB under § 1090.1320(b). 

■ 27. Revise and republish § 1090.230 to 

read as follows: 

§ 1090.230 Limitation on use of gasolineethanol blends. 

(a) No person may sell, introduce, 

cause, or permit the sale or introduction 

of gasoline containing greater than 10 

volume percent ethanol (e.g., E15) into 

any model year 2000 or older light-duty 

gasoline motor vehicle, any heavy-duty 

gasoline motor vehicle or engine, any 

highway or off-highway motorcycle, or 

any gasoline-powered nonroad engine, 

vehicle, or equipment. 

(b) Paragraph (a) of this section does 

not prohibit a person from producing, 

selling, introducing, causing, or 

allowing the sale or introduction of 

gasoline containing greater than 10 

volume percent ethanol into any flexfuel vehicle or flex-fuel engine. 

■ 28. Amend § 1090.265 by revising 

paragraph (c) to read as follows: 

§ 1090.265 Gasoline additive standards. 

* * * * * 

(c) Any person who blends any fuel 

additive that does not meet the 

requirements of paragraphs (a) and (b) of 

this section is a gasoline manufacturer 

and must comply with all the 

requirements applicable to a gasoline 

manufacturer under this part. 

* * * * * 

■ 29. Amend § 1090.285 by revising the 

introductory text to read as follows: 

§ 1090.285 RFG covered areas. 

The RFG covered areas are as follows: 

* * * * * 

■ 30. Amend § 1090.290 by revising 

paragraph (d)(4) to read as follows: 

§ 1090.290 Changes to RFG covered areas 

and procedures for opting out of RFG. 

* * * * * 

(d) * * * 

(4) EPA will publish a document in 

the Federal Register announcing the 

approval of an RFG opt-out request and 

its effective date. 

* * * * * 

■ 31. Amend § 1090.295 by revising 

paragraph (d) to read as follows: 

§ 1090.295 Procedures for relaxing the 

federal 7.8 psi RVP standard. 

* * * * * 

(d) EPA will publish a document in 

the Federal Register announcing the 

approval of any federal 7.8 psi gasoline 

relaxation request and its effective date. 

* * * * * 

Subpart D—Diesel Fuel and ECA 

Marine Fuel Standards 

■ 32. Amend § 1090.300 by revising 

paragraph (h) to read as follows: 

§ 1090.300 Overview and general 

requirements. 

* * * * * 

(h) No person may introduce used 

motor oil, or used motor oil blended 

with diesel fuel, into the fuel system of 

model year 2007 or later diesel fuel 

motor vehicles or engines or model year 

2011 or later nonroad diesel fuel 

vehicles or engines (not including 

locomotive or marine engines). 

■ 33. Amend § 1090.310 by revising 

paragraph (c) to read as follows: 

§ 1090.310 Diesel fuel additives standards. 

* * * * * 

(c) The provisions of this section do 

not apply to additives used in 500 ppm 

LM diesel fuel or ECA marine fuel. 

■ 34. Revise and republish § 1090.315 to 

read as follows: 


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§ 1090.315 Heating oil, kerosene, ECA 

marine fuel, and jet fuel provisions. 

Heating oil, kerosene, ECA marine 

fuel, or jet fuel must not be sold for use 

in motor vehicles or nonroad equipment 

and are not subject to the ULSD 

standards in § 1090.305 unless it is also 

designated as ULSD under 

§ 1090.1015(a). 

■ 35. Amend § 1090.325 by revising 

paragraph (c)(1) to read as follows: 

§ 1090.325 ECA marine fuel standards. 

* * * * * 

(c) * * * 

(1) Residual fuel made available for 

use in a steamship or C3 marine vessel 

if the U.S. government exempts or 

excludes the vessel from MARPOL 

Annex VI fuel standards. Diesel fuel and 

other distillate fuel used in diesel fuel 

engines operated on such vessels is 

subject to the standards in this section 

instead of the standards in § 1090.305 or 

§ 1090.320. 

* * * * * 

Subpart F—Transmix and Pipeline 

Interface Provisions 

■ 36. Amend § 1090.500 by revising 

paragraph (c)(3)(ii) to read as follows: 

§ 1090.500 Gasoline produced from 

blending transmix into PCG. 

* * * * * 

(c) * * * 

(3) * * * 

(ii) A letter signed by the RCO, or 

their delegate, stating that the 

information contained in the 

submission is true to the best of their 

belief must accompany the petition. 

* * * * * 

■ 37. Amend § 1090.510 by revising the 

section heading to read as follows: 

§ 1090.510 Diesel fuel and distillate fuel 

produced from TDP. 

* * * * * 

■ 38. Amend § 1090.515 by revising 

paragraph (d) to read as follows: 

§ 1090.515 500 ppm LM diesel fuel 

produced from TDP. 

* * * * * 

(d) Use restrictions. 500 ppm LM 

diesel fuel may only be used in 

locomotive or marine engines that are 

not required to use ULSD under 40 CFR 

1033.815 or 40 CFR 1042.660, 

respectively. No person may use 500 

ppm LM diesel fuel in locomotive or 

marine engines that are required to use 

ULSD, in any other nonroad vehicle or 

engine, or in any motor vehicle engine. 

* * * * * 

■ 39. Amend § 1090.520 by revising 

paragraph (b) to read as follows: 

§ 1090.520 Handling practices for pipeline 

interface that is not transmix. 

* * * * * 

(b) During the summer season, a 

pipeline operator must not cut pipeline 

interface from two batches of gasoline 

subject to different RVP standards that 

are shipped adjacent to each other by 

pipeline into the batch of gasoline that 

is subject to the more stringent RVP 

standard. For example, during the 

summer season, a pipeline operator 

must not cut pipeline interface from a 

batch of RFG shipped adjacent to a 

batch of conventional gasoline into the 

batch of RFG. 

Subpart G—Exemptions 

■ 40. The heading of subpart G is 

revised to read as set forth above. 

■ 41. Revise and republish § 1090.605 to 

read as follows: 

§ 1090.605 Exemptions for national 

security and military use. 

(a) Fuel, fuel additive, or regulated 

blendstock that is produced, imported, 

sold, offered for sale, supplied, offered 

for supply, stored, dispensed, or 

transported for use in the following 

tactical military vehicles, engines, or 

equipment, including locomotive or 

marine engines, is exempt from the 

standards specified in this part: 

(1) Tactical military vehicles, engines, 

or equipment, including locomotive or 

marine engines, that have an EPA 

national security exemption from the 

emission standards in this chapter. See 

40 CFR part 85, subpart R, and 40 CFR 

1068.225. 

(2) Tactical military vehicles, engines, 

or equipment, including locomotive or 

marine engines, that are not subject to 

a national security exemption from 

vehicle or engine emissions standards 

specified in paragraph (a)(1) of this 

section but, for national security 

purposes (e.g., for purposes of readiness, 

including training, for deployment 

overseas), need to be fueled on the same 

fuel as the vehicles, engines, or 

equipment that EPA has granted such a 

national security exemption. 

(b) The exempt fuel, fuel additive, or 

regulated blendstock must meet all the 

following requirements: 

(1) The fuel, fuel additive, or 

regulated blendstock must be 

accompanied by PTDs that meet the 

requirements of subpart L of this part. 

(2) The fuel, fuel additive, or 

regulated blendstock must be segregated 

from non-exempt fuel, fuel additive, or 

regulated blendstock at all points in the 

distribution system. 

(3) The fuel, fuel additive, or 

regulated blendstock must be dispensed 

from a fuel dispenser stand, fueling 

truck, or tank that is labeled with the 

appropriate designation of the exempt 

fuel, fuel additive, or regulated 

blendstock. 

(4) The fuel, fuel additive, or 

regulated blendstock must not be used 

in any vehicles, engines, or equipment, 

including locomotive or marine engines, 

other than those specified in paragraph 

(a) of this section. 

■ 42. Revise and republish § 1090.610 to 

read as follows: 

§ 1090.610 Exemptions for temporary 

research, development, and testing. 

(a) Requests for an exemption. (1) Any 

person may receive an exemption from 

the standards specified in this part for 

fuel, fuel additive, or regulated 

blendstock used for research, 

development, or testing (‘‘R&D’’) 

purposes under paragraph (b) of this 

section by submitting the information 

specified in paragraph (c) of this section 

as specified in § 1090.10 and meeting 

the requirements of paragraph (d) of this 

section. 

(2) Any person who performs 

emissions certification testing for a 

motor vehicle or motor vehicle engine 

under 42 U.S.C. 7525 or nonroad engine 

or nonroad vehicle under 42 U.S.C. 

7546 is exempt from the standards 

specified in this part for the fuel, fuel 

additive, or regulated blendstock they 

use for emissions certification testing if 

they have an exemption under 40 CFR 

parts 85 and 86 to perform such testing. 

(3) Any person who performs 

research, development, or testing of a 

fuel additive is exempt from the 

standards specified in this part for such 

fuel additive if the fuel additive is 

exempt under 40 CFR 79.4(b)(2). 

(b) Criteria for an R&D exemption. For 

an R&D exemption to be granted, the 

person requesting an exemption must 

do all the following: 

(1) Demonstrate that the exemption is 

for an appropriate R&D purpose. 

(2) Demonstrate that an exemption is 

necessary. 

(3) Design an R&D program that is 

reasonable in scope. 

(4) Have a degree of control consistent 

with the purpose of the R&D program 

and EPA’s monitoring requirements. 

(5) Meet the requirements specified in 

paragraphs (c) and (d) of this section. 

(c) Information required to be 

submitted. To aid in demonstrating each 

of the elements in paragraph (b) of this 

section, the person requesting an 

exemption must include, at a minimum, 

all the following information: 

(1) A concise statement of the purpose 

of the R&D program demonstrating that 


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4348 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

the R&D program has an appropriate 

R&D purpose. 

(2) An explanation of why the stated 

purpose of the R&D program is unable 

to be achieved in a practicable manner 

without meeting the requirements of 

this part. 

(3) A demonstration of the 

reasonableness of the scope of the R&D 

program, including all the following: 

(i) An estimate of the R&D program’s 

duration in time (including beginning 

and ending dates). 

(ii) An estimate of the maximum 

number of vehicles, engines, and 

equipment involved in the program, and 

the number of miles and engine hours 

that will be accumulated on each. 

(iii) The manner in which the 

information on the vehicles, engines, or 

equipment used in the R&D program 

will be recorded and made available to 

EPA upon request. 

(iv) An estimate of the volume of fuel, 

fuel additive, or regulated blendstock 

expected to be used in the R&D program 

that does not comply with the 

requirements of this part, as applicable. 

(v) A list of how all applicable 

standards of this part would or would 

not apply to the fuel, fuel additive, or 

regulated blendstock expected to be 

used in the R&D program. 

(4) With regard to control, a 

demonstration that the R&D program 

affords EPA a monitoring capability, 

including all the following: 

(i) A description of the technical and 

operational aspects of the R&D program. 

(ii) The site of the R&D program 

(including facility name, street address, 

city, county, state, and ZIP code). 

(iii) The manner in which information 

on the vehicles, engines, or equipment 

used in the R&D program will be 

recorded and made available to EPA 

upon request. 

(iv) The manner in which information 

on the fuel, fuel additive, or regulated 

blendstock used in the R&D program 

(including quantity, properties, name, 

address, telephone number, and contact 

person of the supplier, and the date 

received from the supplier) will be 

recorded and made available to EPA 

upon request. 

(v) The manner in which the person 

will ensure that fuel, fuel additive, or 

regulated blendstock used in the R&D 

program will be segregated from nonexempt fuel, fuel additive, or regulated 

blendstock and how fuel dispensers will 

be labeled to ensure that fuel, fuel 

additive, or regulated blendstock used 

in the R&D program is not dispensed for 

use in motor vehicles or nonroad 

engines, vehicles, or equipment, 

including locomotive or marine engines, 

that are not part of the R&D program. 

(vi) The name, business address, 

telephone number, and title of the 

person in the organization requesting an 

exemption from whom further 

information on the application may be 

obtained. 

(vii) The name, business address, 

telephone number, and title of the 

person in the organization requesting an 

exemption who is responsible for 

recording and making available the 

information specified in this paragraph 

(c), and the location where such 

information will be maintained. 

(viii) Any other information requested 

by EPA to determine whether the R&D 

program satisfies the criteria in 

paragraph (b) of this section. 

(d) Additional requirements. (1) Fuel, 

fuel additive, or regulated blendstock 

used in the R&D program must meet all 

the following requirements: 

(i) The fuel, fuel additive, or regulated 

blendstock must be accompanied by 

PTDs that meet the requirements of 

subpart L of this part. 

(ii) The fuel, fuel additive, or 

regulated blendstock must be designated 

as exempt fuel, fuel additive, or 

regulated blendstock by the fuel, fuel 

additive, or regulated blendstock 

manufacturer or supplier, as applicable. 

(iii) The fuel, fuel additive, or 

regulated blendstock must be segregated 

from non-exempt fuel, fuel additive, or 

regulated blendstock at all points in the 

distribution system. 

(iv) The fuel, fuel additive, or 

regulated blendstock must not be sold, 

distributed, offered for sale or 

distribution, dispensed, supplied, 

offered for supply, transported to or 

from, or stored by a retail outlet or WPC 

facility, unless the WPC facility is 

associated with the R&D program that 

uses the fuel, fuel additive, or regulated 

blendstock. 

(2) At the completion of the R&D 

program, any emission control systems 

or elements of design that are damaged 

or rendered inoperative must be 

replaced on vehicles, engines, or 

equipment remaining in service or the 

responsible person will be liable for a 

violation of 42 U.S.C. 7522(a)(3), unless 

sufficient evidence is supplied that the 

emission controls or elements of design 

were not damaged. 

(e) Approval of exemption. EPA may 

grant an R&D exemption upon a 

demonstration that the requirements of 

this section have been met. The R&D 

exemption approval may include such 

terms and conditions as EPA determines 

necessary to monitor the exemption and 

to carry out the purposes of this part, 

including restoration of emission 

control systems. 

(1) The volume of fuel, fuel additive, 

or regulated blendstock used in the R&D 

program must not exceed the amount 

estimated in paragraph (c)(3)(iv) of this 

section, unless EPA grants an approval 

for a greater amount. 

(2) Any R&D exemption granted under 

this section will expire at the 

completion of the R&D program or 1 

year from the date of approval, 

whichever occurs first, and may only be 

extended upon re-application consistent 

with the requirements of this section. 

(3) If any information required in 

paragraph (c) of this section changes 

after approval of the R&D exemption, 

the responsible person must notify EPA 

in writing immediately. 

(f) Notification of completion. Any 

person with an approved R&D 

exemption under this section must 

notify EPA in writing within 30 days 

after completion of the R&D program. 

■ 43. Revise and republish § 1090.615 to 

read as follows: 

§ 1090.615 Exemptions for racing and 

aviation. 

Fuel, fuel additive, or regulated 

blendstock that is used in aircraft, or is 

used in racing vehicles or racing boats 

in sanctioned racing events, is exempt 

from the standards in subparts C and D 

of this part if all the following 

requirements are met: 

(a) The fuel, fuel additive, or 

regulated blendstock must be identified 

on PTDs and on any fuel dispenser from 

which the fuel, fuel additive, or 

regulated blendstock is dispensed as 

restricted for use either in aircraft or in 

racing motor vehicles or racing boats 

that are used only in sanctioned racing 

events. 

(b) The fuel, fuel additive, or 

regulated blendstock must be segregated 

from non-exempt fuel, fuel additive, or 

regulated blendstock at all points in the 

distribution system. 

(c) The fuel, fuel additive, or 

regulated blendstock must not made 

available for use as gasoline or diesel 

fuel subject to the standards in subpart 

C or D of this part, respectively, or 

dispensed for use in motor vehicles or 

nonroad engines, vehicles, or 

equipment, including locomotive or 

marine engines, except for those used 

only in aircraft or in sanctioned racing 

events. 

■ 44. Revise and republish § 1090.620 to 

read as follows: 

§ 1090.620 Exemptions for Guam, 

American Samoa, and the Commonwealth 

of the Northern Mariana Islands. 

Fuel that is produced, imported, sold, 

offered for sale, supplied, offered for 

supply, stored, dispensed, or 


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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 4349 

transported for use in the territories of 

Guam, American Samoa, or the 

Commonwealth of the Northern Mariana 

Islands, is exempt from the standards in 

subparts C and D of this part if all the 

following requirements are met: 

(a) The fuel must be designated by the 

fuel manufacturer as gasoline, diesel 

fuel, or ECA marine fuel for use only in 

Guam, American Samoa, or the 

Commonwealth of the Northern Mariana 

Islands. 

(b) The fuel must be used only in 

Guam, American Samoa, or the 

Commonwealth of the Northern Mariana 

Islands. 

(c) The fuel must be accompanied by 

PTDs that meet the requirements of 

subpart L of this part. 

(d) The fuel must be segregated from 

non-exempt fuel at all points from the 

point the fuel is designated as exempt 

fuel for use only in Guam, American 

Samoa, or the Commonwealth of the 

Northern Mariana Islands, while the 

exempt fuel is in the United States 

(including an ECA or an ECA associated 

area under 40 CFR 1043.20) but outside 

these territories. 

■ 45. Amend § 1090.625 by: 

■ a. Revising paragraphs (b)(5) and 

(c)(1); 

■ b. Revising and republishing 

paragraph (d)(2); and 

■ c. Revising paragraph (e). 

The revisions and republication read 

as follows: 

§ 1090.625 Exemptions for California 

gasoline and diesel fuel. 

* * * * * 

(b) * * * 

(5) Each transferor and transferee of 

California gasoline or diesel fuel 

produced outside the state of California 

must maintain copies of PTDs as 

specified in subpart M of this part. 

* * * * * 

(c) * * * 

(1) Comply with the sampling and 

testing provisions specified in subpart N 

of this part, as applicable. 

* * * * * 

(d) * * * 

(2) Redesignates the California 

gasoline as gasoline under this part 

without recertification and does all the 

following: 

(i) Demonstrates that the gasoline 

meets all applicable requirements for 

California reformulated gasoline under 

Title 13 of the California Code of 

Regulations. 

(ii) Properly redesignates the gasoline 

under § 1090.1010(b)(2)(vi). 

(iii) Generates PTDs under subpart L 

of this part. 

(iv) Keeps records under subpart M of 

this part. 

(v) Does not include the redesignated 

California gasoline in their average 

standard compliance calculations. 

(e) California diesel fuel used outside 

of California. California diesel fuel may 

be used in any part of the United States 

outside of the state of California without 

recertification if the manufacturer or 

distributor of the California diesel fuel 

redesignates the California diesel fuel as 

diesel fuel under this part and does all 

the following: 

(1) Demonstrates that the diesel fuel 

meets all applicable requirements for 

California diesel fuel under Title 13 of 

the California Code of Regulations. 

(2) Properly redesignates the diesel 

fuel under § 1090.1015(b)(3)(iii). 

(3) Generates PTDs under subpart L of 

this part. 

(4) Keeps records under subpart M of 

this part. 

■ 46. Revise and republish § 1090.630 to 

read as follows: 

§ 1090.630 Exemptions for Alaska, Hawaii, 

Puerto Rico, and the U.S. Virgin Islands 

summer gasoline. 

Summer gasoline that is produced, 

imported, sold, offered for sale, 

supplied, offered for supply, stored, 

dispensed, or transported for use in 

Alaska, Hawaii, Puerto Rico, or the U.S. 

Virgin Islands is exempt from the RVP 

standards in § 1090.215 if all the 

following requirements are met: 

(a) The summer gasoline must be 

designated by the fuel manufacturer as 

summer gasoline for use only in Alaska, 

Hawaii, Puerto Rico, or the U.S. Virgin 

Islands. 

(b) The summer gasoline must be used 

only in Alaska, Hawaii, Puerto Rico, or 

the U.S. Virgin Islands. 

(c) The summer gasoline must be 

accompanied by PTDs that meet the 

requirements of subpart L of this part. 

(d) The summer gasoline must be 

segregated from non-exempt gasoline at 

all points from the point the summer 

gasoline is designated as exempt fuel for 

use only in Alaska, Hawaii, Puerto Rico, 

or the U.S. Virgin Islands, while the 

exempt summer gasoline is in the 

United States but outside these states or 

territories. 

■ 47. Amend § 1090.635 by revising the 

section heading to read as follows: 

§ 1090.635 Exemptions for refinery 

extreme, unusual, and unforeseen hardship. 

* * * * * 

■ 48. Revise and republish § 1090.640 to 

read as follows: 

§ 1090.640 Exemptions for E85. 

(a) Gasoline that is used to produce 

E85 is exempt from the gasoline deposit 

control requirements in § 1090.260. 

(b) Any person who uses the 

exemption in paragraph (a) of this 

section must keep records to 

demonstrate that such exempt gasoline 

was used to produce E85 and was not 

distributed from a terminal for use as 

gasoline. 

■ 49. Revise and republish § 1090.645 to 

read as follows: 

§ 1090.645 Exemptions for exports of fuel, 

fuel additive, and regulated blendstock. 

(a) Fuel, fuel additive, or regulated 

blendstock that is exported for sale 

outside of the United States is exempt 

from the standards in subparts C and D 

of this part if all the following 

requirements are met: 

(1) The fuel, fuel additive, or 

regulated blendstock must be designated 

for export by the fuel manufacturer, fuel 

additive manufacturer, or regulated 

blendstock producer. 

(2) The fuel, fuel additive, or 

regulated blendstock designated for 

export must be accompanied by PTDs 

that meet the requirements of subpart L 

of this part. 

(3) The fuel manufacturer, fuel 

additive manufacturer, or regulated 

blendstock producer must keep records 

that demonstrate that the fuel, fuel 

additive, or regulated blendstock was 

ultimately exported from the United 

States. 

(4) The fuel, fuel additive, or 

regulated blendstock must be segregated 

from non-exempt fuel, fuel additive, or 

regulated blendstock at all points from 

the point the fuel, fuel additive, or 

regulated blendstock is designated for 

export to the point where it is ultimately 

exported from the United States. 

(b) Fuel, fuel additive, or regulated 

blendstock certified and designated for 

export may be certified for use in the 

United States if all the applicable 

requirements of this part are met. 

(c) Any fuel dispensed from a retail 

outlet within the geographic boundaries 

of the United States is not exempt under 

this section. 

■ 50. Revise and republish § 1090.650 to 

read as follows: 

§ 1090.650 Exemptions for distillate global 

marine fuel. 

(a) Distillate global marine fuel that is 

produced, imported, sold, offered for 

sale, supplied, offered for supply, 

stored, dispensed, or transported for use 

in steamships or Category 3 marine 

vessels is exempt from the standards in 

subpart D of this part when operating 

outside of ECA boundaries if all the 

following requirements are met: 

(1) The fuel must not exceed 0.50 

weight percent sulfur (5,000 ppm). 


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4350 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

(2) The fuel must be accompanied by 

PTDs that meet the requirements of 

subpart L of this part. 

(3) The fuel must be designated as 

distillate global marine fuel. 

(4) The fuel must be segregated from 

non-exempt fuel at all points in the 

distribution system. 

(5) The fuel must not be used in 

vehicles, engines, or equipment other 

than in steamships or Category 3 marine 

vessels. 

(b)(1) Fuel that does not meet the 

requirements specified in paragraph (a) 

of this section is subject to the 

standards, requirements, and 

prohibitions that apply for ULSD under 

this part. 

(2) Any person who produces, 

imports, sells, offers for sale, supplies, 

offers for supply, stores, dispenses, or 

transports distillate global marine fuel 

without meeting the applicable 

recordkeeping requirements of subpart 

M of this part must not claim the fuel 

is exempt from the standards, 

requirements, and prohibitions that 

apply for ULSD under this part. 

Subpart H—Averaging, Banking, and 

Trading Provisions 

■ 51. Amend § 1090.700 by: 

■ a. Revising and republishing 

paragraphs (a) and (b); and 

■ b. Revising paragraphs (e)(7) and (8). 

The revisions and republications read 

as follows: 

§ 1090.700 Compliance with average 

standards. 

(a) Compliance with the sulfur 

average standard. For each of their 

facilities, a gasoline manufacturer must 

demonstrate compliance with the sulfur 

average standard in § 1090.205(a) by 

using the equations in paragraphs (a)(1) 

and (2) of this section. 

(1) Compliance sulfur value 

calculation. (i) The compliance sulfur 

value is determined as follows: 

Equation 1 to paragraph (a)(1)(i) 

CSVy = Stot,y + Ds,(y¥1) + DS_Oxy_Total,y

¥C 

Where: 

CSVy = Compliance sulfur value for 

compliance period y, in ppm-gallons. 

Stot,y = Total amount of sulfur produced 

during compliance period y, per 

paragraph (a)(1)(ii) of this section, in 

ppm-gallons. 

Ds,(y¥1) = Sulfur deficit from compliance 

period y–1, per § 1090.715(a)(1), in ppmgallons. 

DS_Oxy_Total,y = Total sulfur deficit from 

downstream BOB recertification during 

compliance period y, per 

§ 1090.740(b)(1), in ppm-gallons. 

CS = Sulfur credits used by the gasoline 

manufacturer, per § 1090.720, in ppmgallons. 

(ii) The total amount of sulfur 

produced is determined as follows: 

Equation 2 to paragraph (a)(1)(ii) 

Where: 

Stot,y = Total amount of sulfur produced 

during compliance period y, in ppmgallons. 

Vi = Volume of gasoline produced or 

imported in batch i, in gallons. 

Si = Sulfur content of batch i, in ppm. 

i = Individual batch of gasoline produced or 

imported during the compliance period. 

n = Number of batches of gasoline produced 

or imported during the compliance 

period. 

If the calculation of Stot,y results in a 

negative number, replace it with zero. 

(2) Sulfur compliance calculation. (i) 

Compliance with the sulfur average 

standard in § 1090.205(a) is achieved if 

the following equation is true: 

Equation 3 to paragraph (a)(2)(i) 

CSVy ≤ Vtot · Sstd

Where: 

CSVy = Compliance sulfur value for 

compliance period y, per paragraph 

(a)(1)(i) of this section, in ppm-gallons. 

Vtot = Total volume of gasoline produced or 

imported during the compliance period, 

in gallons. 

Sstd = Gasoline sulfur average standard, per 

§ 1090.205(a), in ppm. 

(ii) Compliance with the sulfur 

average standard in § 1090.205(a) is not 

achieved if a deficit is incurred two or 

more consecutive years. A gasoline 

manufacturer incurs a deficit under 

§ 1090.715 if the following equation is 

true: 

Equation 4 to paragraph (a)(2)(ii) 

CSVy > Vtot · Sstd

Where: 

CSVy = Compliance sulfur value for 

compliance period y, per paragraph 

(a)(1)(i) of this section, in ppm-gallons. 

Vtot = Total volume of gasoline produced or 

imported during the compliance period, 

in gallons. 

Sstd = Sulfur average standard, per 

§ 1090.205(a), in ppm. 

(b) Compliance with the benzene 

average standards. For each of their 

facilities, a gasoline manufacturer must 

demonstrate compliance with the 

benzene average standard in 

§ 1090.210(a) by using the equations in 

paragraphs (b)(1) and (2) of this section 

and with the maximum benzene average 

standard in § 1090.210(b) by using the 

equations in paragraphs (b)(3) and (4) of 

this section. 

(1) Compliance benzene value 

calculation. (i) The compliance benzene 

value is determined as follows: 

Equation 5 to paragraph (b)(1)(i) 

CBVy = Bztot,y + DBZ,(y¥1) + 

DBZ_OXy__Total,y ¥ CBZ

Where: 

CBVy = Compliance benzene value for 

compliance period y, in benzene gallons. 

Bztot,y = Total amount of benzene produced 

during compliance period y, per 

paragraph (b)(1)(ii) of this section, in 

benzene gallons. 

DBz,(y¥1) = Benzene deficit from compliance 

period y¥1, per § 1090.715(a)(2), in 

benzene gallons. 

DBz_Oxy_Total,y = Total benzene deficit from 

downstream BOB recertification during 

compliance period y, per 

§ 1090.740(b)(3), in benzene gallons. 

CBz = Benzene credits used by the gasoline 

manufacturer, per § 1090.720, in benzene 

gallons. 

(ii) The total amount of benzene 

produced is determined as follows: 

Equation 6 to paragraph (b)(1)(ii) 

Where: 

Bztot,y = Total amount of benzene produced 

during compliance period y, in benzene 

gallons. 

Vi = Volume of gasoline produced or 

imported in batch i, in gallons. 

Bzi = Benzene content of batch i, in volume 

percent. 

i = Individual batch of gasoline produced or 

imported during the compliance period. 

n = Number of batches of gasoline produced 

or imported during the compliance 

period. 

If the calculation of Bztot,y results in a 

negative number, replace it with zero. 

(2) Benzene average compliance 

calculation. (i) Compliance with the 

benzene average standard in 

§ 1090.210(a) is achieved if the 

following equation is true: 

Equation 7 to paragraph (b)(2)(i) 

Where: 

CBVy = Compliance benzene value for 

compliance period y, per paragraph 

(b)(1)(i) of this section, in benzene 

gallons. 

Vtot = Total volume of gasoline produced or 

imported during the compliance period, 

in gallons. 

Bzavg_std = Benzene average standard, per 

§ 1090.210(a), in volume percent. 

(ii) Compliance with the benzene 

average standard in § 1090.210(a) is not 

achieved if a deficit is incurred two or 

more consecutive years. A gasoline 

manufacturer incurs a deficit under 

§ 1090.715 if the following equation is 

true: 

Equation 8 to paragraph (b)(2)(ii) 


lotter on DSK11XQN23PROD with RULES4ER15JA25.014</GPH> ER15JA25.015</GPH> ER15JA25.016</GPH>

,n (Vi· Bzi) 

BZtot,y = Li=l 100 

Bzavg_std 

CBVy :::;; Vtot • lOO 
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 4351 

Where: 

CBVy = Compliance benzene value for 

compliance period y, per paragraph 

(b)(1)(i) of this section, in benzene 

gallons. 

Vtot = Total volume of gasoline produced or 

imported during the compliance period, 

in gallons. 

Bzavg_std = Benzene average standard, per 

§ 1090.210(a), in volume percent. 

(3) Average benzene concentration 

calculation. The average benzene 

concentration is determined as follows: 

Equation 9 to paragraph (b)(3) 

Where: 

Bzavg,y = Average benzene concentration for 

compliance period y, in volume percent. 

Vi = Volume of gasoline produced or 

imported in batch i, in gallons. 

Bzi = Benzene content of batch i, in volume 

percent. 

i = Individual batch of gasoline produced or 

imported during the compliance period. 

n = Number of batches of gasoline produced 

or imported during the compliance 

period. 

Vtot = Total volume of gasoline produced or 

imported during the compliance period, 

in gallons. 

(4) Maximum benzene average 

compliance calculation. Compliance 

with the maximum benzene average 

standard in § 1090.210(b) is achieved if 

the following equation is true: 

Equation 10 to paragraph (b)(4) 

BZavg,y ≤ BZmax_std

Where: 

Bzavg,y = Average benzene concentration for 

compliance period y, per paragraph 

(b)(3) of this section, in volume percent. 

Bzmax_std = Maximum benzene average 

standard, per § 1090.210(b), in volume 

percent. 

(5) Rounding and reporting benzene 

values. (i) The total amount of benzene 

produced, as calculated in paragraph 

(b)(1)(ii) of this section, must be 

rounded to the nearest whole benzene 

gallon in accordance with § 1090.50. 

(ii) The average benzene 

concentration, as calculated in 

paragraph (b)(3) of this section, must be 

rounded and reported to two decimal 

places in accordance with § 1090.50. 

* * * * * 

(e) * * * 

(7) Gasoline imported by rail or truck 

using the provisions of § 1090.1610 to 

meet the alternative per-gallon 

standards of §§ 1090.205(d) and 

1090.210(c). 

(8) Gasoline exempt under subpart G 

of this part from the average standards 

in subpart C of this part (e.g., California 

gasoline, racing fuel, etc.). 

■ 52. Amend § 1090.710 by revising the 

introductory text to read as follows: 

§ 1090.710 Downstream oxygenate 

accounting. 

The requirements of this section 

apply to BOB for which a gasoline 

manufacturer accounts for the effects of 

the oxygenate blending that occurs 

downstream of the fuel manufacturing 

facility gate in the gasoline 

manufacturer’s average standard 

compliance calculations under this 

subpart. This section also includes 

requirements for oxygenate blenders to 

ensure that oxygenate is added in 

accordance with the blending 

instructions specified by the gasoline 

manufacturer in order to ensure fuel 

quality standards are met. 

* * * * * 

■ 53. Amend § 1090.715 by revising and 

republishing paragraph (a) to read as 

follows: 

§ 1090.715 Deficit carryforward. 

(a) A gasoline manufacturer incurs a 

compliance deficit if they exceed the 

average standard specified in subpart C 

of this part for a given compliance 

period. The deficit incurred must be 

determined as specified in paragraph 

(a)(1) of this section for sulfur and 

paragraph (a)(2) of this section for 

benzene. 

(1) The sulfur deficit incurred is 

determined as follows: 

Equation 1 to paragraph (a)(1) 

Ds,y = CSV¥Vtot · Sstd

Where: 

DS,y = Sulfur deficit incurred for compliance 

period y, in ppm-gallons. 

CSVy = Compliance sulfur value for 

compliance period y, per 

§ 1090.700(a)(1), in ppm-gallons. 

Vtot = Total volume of gasoline produced or 

imported during the compliance period, 

in gallons. 

Sstd = Sulfur average standard, per 

§ 1090.205(a), in ppm. 

(2) The benzene deficit incurred is 

determined as follows: 

Equation 2 to paragraph (a)(2) 

DBz,y = Benzene deficit incurred for 

compliance period y, in benzene gallons. 

CBVy = Compliance benzene value for 

compliance period y, per 

§ 1090.700(b)(1)(i), in benzene gallons. 

Vtot = Total volume of gasoline produced or 

imported during the compliance period, 

in gallons. 

Bzavg_std = Benzene average standard, per 

§ 1090.210(a), in volume percent. 

* * * * * 

■ 54. Amend § 1090.720 by revising 

paragraphs (c)(5) and (d) to read as 

follows: 

§ 1090.720 Credit use. 

* * * * * 

(c) * * * 

(5) A gasoline manufacturer must only 

use credits that they own at the time of 

use. 

(d) Credit reporting. A gasoline 

manufacturer that generates, transacts, 

or uses credits under this subpart must 

submit reports to EPA that include all 

information regarding credits as 

specified in § 1090.905 using forms and 

procedures specified by EPA. 

* * * * * 

■ 55. Amend § 1090.725 by revising 

paragraphs (a)(2)(vi), (c)(1), (d)(1), and 

(f) to read as follows: 

§ 1090.725 Credit generation. 

(a) * * * 

(2) * * * 

(vi) Importation of gasoline by rail or 

truck using the alternative sampling and 

testing requirements in § 1090.1610. 

* * * * * 

(c) * * * 

(1) The number of sulfur credits 

generated is determined as follows: 

Equation 1 to paragraph (c)(1) 

CS,y = Vtot · Sstd¥CSVy

Where: 

CS,y = Sulfur credits generated for compliance 

period y, in ppm-gallons. 

Vtot = Total volume of gasoline produced or 

imported during the compliance period, 

in gallons. 

Sstd = Sulfur average standard, per 

§ 1090.205(a), in ppm. 

CSVy = Compliance sulfur value for 

compliance period y, per 

§ 1090.700(a)(1), in ppm-gallons. 

* * * * * 

(d) * * * 

(1) The number of benzene credits 

generated is determined as follows: 

Equation 2 to paragraph (d)(1) 

Where: 

CBz,y = Benzene credits generated for 

compliance period y, in benzene gallons. 

Vtot = Total volume of gasoline produced or 

imported during the compliance period, 

in gallons. 

Bzavg_std = Benzene average standard, per 

§ 1090.210(a), in volume percent. 

CBVy = Compliance benzene value for 

compliance period y, per 

§ 1090.700(b)(1)(i), in benzene gallons. 

* * * * * 


lotter on DSK11XQN23PROD with RULES4ER15JA25.017</GPH> ER15JA25.018</GPH> ER15JA25.019</GPH> ER15JA25.020</GPH>

CBVy > Vtot . Bzavg_std 

100 

Bz - Lr=1CV 'Bz·) 

avg,y - 1 1 

Vtot 

Dsz,y = CBVy - Vtot . Bzavg_std 

100 

Csz,y = Vtot . Bzavg_std 100 - CBVy 
4352 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

(f) Credit generation reporting. A 

gasoline manufacturer that generates 

credits under this section must submit 

reports to EPA that contain all 

information regarding credit generation 

as specified in § 1090.905 using forms 

and procedures specified by EPA. 

■ 56. Amend § 1090.730 by revising 

paragraphs (f) and (h) to read as follows: 

§ 1090.730 Credit transfers. 

* * * * * 

(f) No person may transfer credits if 

the transfer would cause them to incur 

a compliance deficit under § 1090.715. 

* * * * * 

(h) The transferor and the transferee 

must submit reports to EPA that include 

all information regarding the transaction 

as specified in § 1090.905 using forms 

and procedures specified by EPA. 

■ 57. Amend § 1090.735 by revising 

paragraph (a) to read as follows: 

§ 1090.735 Invalid credits and remedial 

actions. 

* * * * * 

(a) Invalid credits must not be used to 

achieve compliance with an average 

standard specified in subpart C of this 

part, regardless of the good faith belief 

that the credits were validly generated. 

* * * * * 

■ 58. Amend § 1090.740 by: 

■ a. Revising paragraphs (a)(2) and (4); 

and 

■ b. Revising and republishing 

paragraph (b). 

The revisions and republication read 

as follows: 

§ 1090.740 Downstream BOB 

recertification. 

(a) * * * 

(2) A gasoline manufacturer must 

comply with applicable requirements of 

this part and incur deficits to be 

included in their compliance 

calculations under § 1090.700 for each 

facility at which the gasoline 

manufacturer recertifies BOB. 

* * * * * 

(4) A party that only recertifies BOB 

that contains a greater amount of a 

specified oxygenate (e.g., a party adds 

15 volume percent ethanol instead of 10 

volume percent ethanol to an E10 BOB) 

or a different oxygenate at an equal or 

greater amount (e.g., a party adds 16 

volume percent isobutanol instead of 10 

volume percent ethanol to an E10 BOB) 

does not incur deficits under this 

section, does not need to submit reports 

under subpart J of this part, and does 

not need to arrange for an auditor to 

conduct an audit under subpart S of this 

part. The party must still comply with 

all other applicable provisions of this 

part (e.g., register and keep records 

under subparts I and M of this part, 

respectively). 

(b) A gasoline manufacturer that 

recertifies a BOB under this section 

must calculate sulfur and benzene 

deficits for each batch and the total 

deficits for sulfur and benzene as 

follows: 

(1) Total sulfur deficit from 

downstream BOB recertification. 

Calculate the total sulfur deficit from 

downstream BOB recertification for 

each facility as follows: 

Equation 1 to paragraph (b)(1) 

Where: 

DS_Oxy_Total,y = Total sulfur deficit from 

downstream BOB recertification during 

compliance period y, in ppm-gallons. 

DS_Oxy_Batch,i = Sulfur deficit for batch i of 

recertified BOB, per paragraph (b)(2) of 

this section, in ppm-gallons. 

i = Individual batch of BOB recertified during 

compliance period y. 

n = Number of batches of BOB recertified 

during compliance period y. 

(2) Sulfur deficits from downstream 

BOB recertification. Calculate the sulfur 

deficit from BOB recertification for each 

individual batch of BOB recertified as 

follows: 

Equation 2 to paragraph (b)(2) 

Where: 

DS_Oxy_Batch,i = Sulfur deficit for batch i of 

recertified BOB, in ppm-gallons. 

VBOB = Volume of BOB in the batch being 

recertified, in gallons. 

PSV = Presumed sulfur value of recertified 

BOB, in ppm. For purposes of this 

equation, PSV equals 11 ppm. 

PTDOxy = Volume fraction of oxygenate that 

would have been added to the BOB as 

specified on PTDs. 

ACTUALOxy = Volume fraction of oxygenate 

that was actually added to the BOB. If no 

oxygenate was added to the BOB, then 

ACTUALOxy equals 0. 

(3) Total benzene deficit from 

downstream BOB recertification. 

Calculate the total benzene deficit from 

downstream BOB recertification for 

each facility as follows: 

Equation 3 to paragraph (b)(3) 

Where: 

DBz_Oxy_Total,y = Total benzene deficit from 

downstream BOB recertification during 

compliance period y, in benzene gallons. 

DBz_Oxy_Batch,i = Benzene deficit for batch i of 

recertified BOB, per paragraph (b)(4) of 

this section, in benzene gallons. 

i = Individual batch of BOB recertified during 

compliance period y. 

n = Number of batches of BOB recertified 

during compliance period y. 

(4) Benzene deficits from downstream 

BOB recertification. Calculate the 

benzene deficit from BOB recertification 

for each individual batch of BOB 

recertified as follows: 

Equation 4 to paragraph (b)(4) 


lotter on DSK11XQN23PROD with RULES4ER15JA25.021</GPH> ER15JA25.022</GPH> ER15JA25.023</GPH>

Ds_oxy_Total,y = L~=l Ds_oxy_Batch,i 

Ds_oxy_Batch,i = Veoe. PSV. (1 -(PTDoxy ~ ACTUAL0xy) - 1) 

Dsz_Oxy_Total,y = ~~ Dsz_Oxy_Batch,i L.,1=1 
Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 4353 

Where: 

DBz_Oxy_Batch,i = Benzene deficit for batch i of 

recertified BOB, in benzene gallons. 

VBOB = Volume of BOB in the batch being 

recertified, in gallons. 

PBV = Presumed benzene value of recertified 

BOB, in volume percent. For purposes of 

this equation, PBV equals 0.68 volume 

percent. 

PTDOxy = Volume fraction of oxygenate that 

would have been added to the BOB as 

specified on PTDs. 

ACTUALOxy = Volume fraction of oxygenate 

that was actually added to the BOB. If no 

oxygenate was added to the BOB, then 

ACTUALOxy equals 0. 

(5) Deficit rounding. The deficits 

calculated in paragraphs (b)(1) through 

(4) of this section must be rounded and 

reported to the nearest sulfur ppmgallon or benzene gallon in accordance 

with § 1090.50, as applicable. 

* * * * * 

■ 59. Revise and republish § 1090.745 to 

read as follows: 

§ 1090.745 Informational annual average 

calculations. 

(a) A gasoline manufacturer must 

calculate and report annual average 

sulfur and benzene concentrations for 

each of their facilities as specified in 

this section. The values calculated and 

reported under this section are not used 

to demonstrate compliance with average 

standards under this part. 

(b) A gasoline manufacturer must 

calculate and report their unadjusted 

average sulfur concentration as follows: 

Equation 1 to paragraph (b) 

Where: 

Savg,y = Facility unadjusted average sulfur 

concentration for compliance period y, 

in ppm. Round and report Savg,y to two 

decimal places. 

Vi = Volume of gasoline produced or 

imported in batch i, in gallons. 

Si = Sulfur content of batch i, in ppm. 

i = Individual batch of gasoline produced or 

imported during the compliance period. 

n = Number of batches of gasoline produced 

or imported during the compliance 

period. 

Vtot = Total volume of gasoline produced or 

imported during the compliance period, 

in gallons. 

(c) A gasoline manufacturer must 

calculate and report their net average 

sulfur concentration as follows: 

Equation 2 to paragraph (c) 

Where: 

Snet_avg,y = Facility net average sulfur 

concentration for compliance period y, 

in ppm. Round and report Snet_avg,y to 

two decimal places. 

CSVy = Compliance sulfur value for 

compliance period y, per 

§ 1090.700(a)(1), in ppm-gallons. 

Vtot = Total volume of gasoline produced or 

imported during the compliance period, 

in gallons. 

(d) A gasoline manufacturer must 

calculate and report their net average 

benzene concentration as follows: 

Equation 3 to paragraph (d) 

Where: 

Bnet_avg,y = Facility net average benzene 

concentration for compliance period y, 

in volume percent. Round and report 

Bnet_avg,y to two decimal places. 

CBVy = Compliance benzene value for 

compliance period y, per 

§ 1090.700(b)(1)(i), in benzene gallons. 

Vtot = Total volume of gasoline produced or 

imported during the compliance period, 

in gallons. 

Subpart I—Registration 

■ 60. Amend § 1090.800 by revising 

paragraph (d) to read as follows: 

§ 1090.800 General provisions. 

* * * * * 

(d) RCO submission. Registration 

information must be submitted by the 

RCO. The RCO may delegate 

responsibility to a person who is 

familiar with the requirements of this 

part and who is no lower in the 

organization than a fuel manufacturing 

facility manager, or equivalent. 

* * * * * 

■ 61. Amend § 1090.805 by revising and 

republishing paragraph (b) to read as 

follows: 

§ 1090.805 Contents of registration. 

* * * * * 

(b) Additional information required 

for certified pentane producers. In 

addition to the information in paragraph 

(a) of this section, a certified pentane 

producer must also submit the following 

information: 

(1) A description of the certified 

pentane production facility that 

demonstrates that the facility is capable 

of producing certified pentane that is 

compliant with the requirements of this 

part without significant modifications to 

the existing facility. 

(2) A description of how certified 

pentane will be shipped from the 

certified pentane production facility to 

the certified pentane blender(s) and the 

associated quality assurance practices 

that demonstrate that contamination 

during distribution can be adequately 

controlled so as not to cause certified 

pentane to be in violation of the 

standards in this part. 

■ 62. Amend § 1090.815 by revising 

paragraph (a)(4) to read as follows: 

§ 1090.815 Deactivation (involuntary 

cancellation) of registration. 

(a) * * * 

(4) Any required attestation 

engagement report has not been 

received within 30 days of the required 

submission date. 

* * * * * 

■ 63. Amend § 1090.820 by revising 

paragraph (b)(3) to read as follows: 

§ 1090.820 Changes of ownership. 

* * * * * 

(b) * * * 

(3) A letter, signed by the RCO from 

the company that currently owns or will 

own the company or facility and, if 

possible, documentation from the 

company that previously registered the 

company or facility that details the 

effective date of the transfer of 

ownership of the company or facility 

and summarizes any changes to the 

registration information. 

* * * * * 

Subpart J—Reporting 

■ 64. Amend § 1090.900 by revising 

paragraphs (c) and (d) to read as follows: 

§ 1090.900 General provisions. 

* * * * * 

(c) Report deadlines. All annual, 

batch, and credit transaction reports 

required under this subpart, except 

attestation engagement reports, must be 

submitted by March 31 for the 

preceding compliance period (e.g., 

reports covering the calendar year 2021 

must be submitted to EPA by no later 

than March 31, 2022). Attestation 

engagement reports must be submitted 

by June 1 for the preceding compliance 

period (e.g., attestation engagement 

reports covering calendar year 2021 

must be submitted to EPA by no later 

than June 1, 2022). Independent survey 


lotter on DSK11XQN23PROD with RULES4ER15JA25.024</GPH> ER15JA25.025</GPH> ER15JA25.026</GPH> ER15JA25.027</GPH>

PBV ( l -1) Dsz_oxy_Batch,i = Vsos. 100 • 1 - (PTDoxy - ACTUALoxy) 

CSVy 

Snet_avg,y = ~ 

Ytot 

CBV 

Bnet_avg,y = ~ 

Ytot 
4354 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

quarterly reports must be submitted by 

the deadlines in table 1 to paragraph 

(a)(4) in § 1090.925. 

(d) RCO submission. Reports must be 

signed and submitted by the RCO or 

their delegate. 

■ 65. Amend § 1090.905 by: 

■ a. Revising the section heading; 

■ b. Revising paragraphs (a)(2)(iv)(E), 

(b)(2)(vi)(E), (c)(1)(viii), and (c)(2)(ii), 

(iii), and (viii); 

■ c. In paragraphs (c)(3)(i)(F) and (G), 

removing the text ‘‘BOB’’ and add, in its 

place, the text ‘‘BOB and the blending 

manufacturer is accounting for 

downstream oxygenate under 

§ 1090.710’’. 

■ d. Removing paragraph (c)(3)(i)(H); 

■ e. Redesignating paragraphs (c)(3)(i)(I) 

and (J) as paragraphs (c)(3)(i)(H) and (I); 

and 

■ f. Revising paragraphs (c)(4) 

introductory text, (c)(5)(i)(E), and 

(c)(8)(vii)(A). 

The revisions read as follows: 

§ 1090.905 Reports by gasoline 

manufacturers. 

(a) * * * 

(2) * * * 

(iv) * * * 

(E) The total sulfur deficit from 

downstream BOB recertification, per 

§ 1090.740(b)(1). 

* * * * * 

(b) * * * 

(2) * * * 

(vi) * * * 

(E) The total benzene deficit from 

downstream BOB recertification, per 

§ 1090.740(b)(3). 

* * * * * 

(c) * * * 

(1) * * * 

(viii) For all batches of summer 

gasoline: 

(A)(1) The applicable RVP standard, 

as specified in § 1090.215. 

(2) Whether the ethanol 1.0 psi waiver 

under § 1090.215(b) applies. 

(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 of the hand blend. 

* * * * * 

(2) * * * 

(ii) The batch number. 

(iii) The date the batch was produced 

or imported. 

* * * * * 

(viii) For all batches of summer BOB: 

(A)(1) The applicable RVP standard, 

as specified in § 1090.215, for the neat 

CBOB or hand blend of RBOB and 

oxygenate prepared under § 1090.1340. 

(2) Whether the ethanol 1.0 psi waiver 

under § 1090.215(b) applies for the neat 

CBOB or hand blend of RBOB and 

oxygenate prepared under § 1090.1340. 

(B) The tested RVP of 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. 

* * * * * 

(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 information: 

* * * * * 

(5) * * * 

(i) * * * 

(E) The volume percentage of butane 

in batches of butane, or pentane in 

batches of pentane, provided by the 

certified butane or certified pentane 

supplier. 

* * * * * 

(8) * * * 

(vii) * * * 

(A)(1) The applicable RVP standard, 

as specified in § 1090.215. 

(2) Whether the ethanol 1.0 psi waiver 

under § 1090.215(b) applies. 

* * * * * 

■ 66. Amend § 1090.910 by: 

■ a. Revising the section heading; and 

■ b. Revising the introductory text and 

paragraphs (a)(1)(ix) and (x). 

The revisions read as follows: 

§ 1090.910 Reports by gasoline 

manufacturers that recertify BOB to 

gasoline. 

A gasoline manufacturer that 

recertifies BOB under § 1090.740 must 

report the information of this section, as 

applicable. 

(a) * * * 

(1) * * * 

(ix) The sulfur deficit for the batch 

calculated under § 1090.740(b)(2). 

(x) The benzene deficit for the batch 

calculated under § 1090.740(b)(4). 

* * * * * 

■ 67. Amend § 1090.915 by revising the 

section heading and paragraph (c)(5) to 

read as follows: 

§ 1090.915 Reports by oxygenate 

producers and importers. 

* * * * * 

(c) * * * 

(5) The sulfur content of the batch, in 

ppm, and the method used to determine 

the sulfur content. 

* * * * * 

■ 68. Amend § 1090.925 by: 

■ a. Revising paragraph (b)(3) 

introductory text; and 

■ b. Revising and republishing 

paragraph (c)(3). 

The revisions read as follows: 

§ 1090.925 Reports by independent 

surveyors. 

* * * * * 

(b) * * * 

(3) For each diesel fuel sample 

collected at a retail outlet by the 

independent surveyor: 

* * * * * 

(c) * * * 

(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 fuel parameter. 

(iii) The standard deviation for each 

measured fuel parameter. 

(iv) The estimated compliance rate for 

each measured fuel parameter subject to 

a per-gallon standard in subpart C or D 

of this part. 

(v) A summary of potential 

noncompliance issues. 

* * * * * 

■ 69. Revise and republish § 1090.930 to 

read as follows: 

§ 1090.930 Reports by auditors. 

(a) Attestation engagement reports 

required under subpart S of this part 

must be submitted by an independent 

auditor registered with EPA and 

associated with a company, or 

companies, through registration under 

subpart I of this part. Each attestation 

engagement report must clearly identify 

the company and compliance level (e.g., 

facility), time period, and scope covered 

by the report. Attestation engagement 

reports covered by this section include 

those required under this part and those 

required under 40 CFR part 80, subpart 

M, beginning with the report due June 

1, 2022. 

(b) An attestation engagement report 

must be submitted to EPA covering each 

compliance period by June 1 of the 

following calendar year. The auditor 

must make the attestation engagement 

report available to the company for 

which it was performed. 

(c) The attestation engagement must 

comply with subpart S of this part and 

the attestation engagement report must 

clearly identify the methodologies 

followed and any findings, exceptions, 

and variances. 

(d) A single attestation engagement 

report submission by the auditor may 

include procedures performed under 

this part and under 40 CFR part 80, 

subpart M. If a single submission 

method is used, the auditor must clearly 

and separately describe the procedures 

and findings for each program. 


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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 4355 

(e) The auditor must submit written 

acknowledgement from the RCO that the 

gasoline manufacturer has reviewed the 

attestation engagement report. 

■ 70. Amend § 1090.935 by revising 

paragraphs (a)(1) introductory text and 

(a)(1)(i) to read as follows: 

§ 1090.935 Reports by diesel fuel 

manufacturers. 

(a) * * * 

(1) For each compliance period, a 

diesel fuel manufacturer that produces 

ULSD must submit the following 

information: 

(i) The EPA-issued company and 

facility identifiers for the diesel fuel 

manufacturer. 

* * * * * 

Subpart K—Batch Certification and 

Designation 

■ 71. Amend § 1090.1000 by revising 

paragraphs (b)(2)(ii), (b)(4) introductory 

text, (b)(5), (c)(2)(ii), and (e)(2)(i)(A) to 

read as follows: 

§ 1090.1000 Batch certification 

requirements. 

* * * * * 

(b) * * * 

(2) * * * 

(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 of subpart F of this part to 

ensure that each batch of gasoline meets 

the applicable requirements of subpart C 

of this part. 

* * * * * 

(4) Any person who mixes summer 

gasoline with summer or winter 

gasoline that has a different designation 

must comply with one of the following: 

* * * * * 

(5) Any person who 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) * * * 

(2) * * * 

(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 of subpart D of this part. 

* * * * * 

(e) * * * 

(2) * * * 

(i) * * * 

(A) Testing must occur after the most 

recent delivery into the certified butane 

producer’s storage tank, before 

transferring the certified butane batch 

for delivery. 

* * * * * 

■ 72. Amend § 1090.1005 by revising 

the section heading to read as follows: 

§ 1090.1005 Designation of batches of fuel, 

fuel additive, and regulated blendstock. 

* * * * * 

■ 73. Amend § 1090.1010 by revising 

paragraph (c)(2) to read as follows: 

§ 1090.1010 Designation requirements for 

gasoline and regulated blendstocks. 

* * * * * 

(c) * * * 

(2) The name of the specific oxygenate 

(e.g., isobutanol). 

* * * * * 

■ 74. Amend § 1090.1015 by: 

■ a. Revising the section heading; and 

■ b. Revising the paragraph heading of 

paragraph (a), and paragraphs (b) 

introductory text, and (b)(3)(iii) through 

(v). 

The revisions read as follows: 

§ 1090.1015 Designation requirements for 

diesel fuel and distillate fuel. 

(a) Designation requirements for 

diesel fuel and distillate fuel 

manufacturers. 

* * * * * 

(b) Designation requirements for 

distributors of diesel fuel and distillate 

fuel. A distributor of diesel fuel or 

distillate fuel must accurately and 

clearly designate each batch of diesel 

fuel or distillate fuel for which they 

transfer custody as follows: 

* * * * * 

(3) * * * 

(iii) California diesel fuel 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 it 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 who 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). 

* * * * * 

Subpart L—Product Transfer 

Documents 

■ 75. Amend § 1090.1100 by revising 

paragraph (c) to read as follows: 

§ 1090.1100 General requirements. 

* * * * * 

(c) Part 80 PTD requirements. For any 

product subject to 40 CFR part 80, 

subpart M, a party must also include the 

applicable PTD information required 

under 40 CFR 80.1453. 

■ 76. Revise and republish § 1090.1105 

to read as follows: 

§ 1090.1105 PTD requirements for exempt 

fuel, fuel additive, and regulated 

blendstock. 

(a) In addition to the information 

required under § 1090.1100, on each 

occasion when any person transfers 

custody or title to any exempt fuel, fuel 

additive, or regulated blendstock under 

subpart G of this part, other than when 

the exempt fuel, fuel additive, or 

regulated blendstock is sold or 

dispensed to the ultimate end user at a 

retail outlet or WPC facility, the 

transferor must provide the transferee 

PTDs that include the following 

statements, as applicable: 

(1) National security exemption 

language. For fuel, fuel additive, or 

regulated blendstock with a national 

security exemption specified in 

§ 1090.605: ‘‘This fuel is for use in 

vehicles, engines, or equipment under 

an EPA-approved national security 

exemption only.’’ 

(2) R&D exemption language. For fuel, 

fuel additive, or regulated blendstock 

used for an R&D program specified in 

§ 1090.610: ‘‘This fuel is for use in 

research, development, and test 

programs only.’’ 

(3) Racing fuel language. For fuel, fuel 

additive, or regulated blendstock used 

for racing purposes specified in 

§ 1090.615: ‘‘This fuel is for racing 

purposes only.’’ 

(4) Aviation fuel language. For fuel, 

fuel additive, or regulated blendstock 

used in aircraft specified in § 1090.615: 

‘‘This fuel is for aviation use only.’’ 

(5) Territory fuel exemption language. 

For fuel for use in American Samoa, 

Guam, or the Commonwealth of the 

Northern Mariana Islands specified in 

§ 1090.620: ‘‘This fuel is for use only in 

Guam, American Samoa, or the 

Northern Mariana Islands.’’ 


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4356 Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations 

(6) California gasoline language. For 

California gasoline specified in 

§ 1090.625: ‘‘California gasoline’’. 

(7) California diesel fuel language. For 

California diesel fuel specified in 

§ 1090.625: ‘‘California diesel fuel’’. 

(8) Alaska, Hawaii, Puerto Rico, and 

U.S. Virgin Islands summer gasoline 

language. For summer gasoline for use 

in Alaska, Hawaii, Puerto Rico, or the 

U.S. Virgin Islands specified in 

§ 1090.630: ‘‘This summer gasoline is 

for use only in Alaska, Hawaii, Puerto 

Rico, or the U.S. Virgin Islands.’’ 

(9) Exported fuel language. For 

exported fuel, fuel additive, or regulated 

blendstock 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, fuel additive, or regulated 

blendstock type (e.g., ‘‘diesel fuel’’ or 

‘‘gasoline’’) may be used in place of the 

word ‘‘fuel’’. 

■ 77. Amend § 1090.1110 by revising 

paragraphs (b)(2)(i) introductory text, 

(c)(1)(i) introductory text, and (e) to read 

as follows: 

§ 1090.1110 PTD requirements for 

gasoline, gasoline additives, and gasoline 

regulated blendstocks. 

* * * * * 

(b) * * * 

(2) * * * 

(i) Except as specified in paragraph 

(b)(2)(ii) of this section, for batches of 

summer BOB, identification of the 

product with one of the following 

statements indicating the applicable 

RVP standard, as specified in 

§ 1090.215: 

* * * * * 

(c) * * * 

(1) * * * 

(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, 

as specified in § 1090.215: 

* * * * * 

(e) Gasoline detergent 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 gasoline 

detergent, the transferor must provide to 

the transferee PTDs that include the 

following information: 

(i) The identity of the product being 

transferred as detergent. 

(ii) 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. 

(2) In addition to any other PTD 

requirements of this subpart, on each 

occasion when any person transfers 

custody or title to any gasoline, the 

transferor must provide to the transferee 

PTDs that include the following 

information: 

(i) The identify of the gasoline being 

transferred as detergent-additized 

gasoline or non-detergent-additized 

gasoline. 

(ii) [Reserved] 

* * * * * 

■ 78. Amend § 1090.1115 by revising 

the section heading and paragraph (a) to 

read as follows: 

§ 1090.1115 PTD requirements for distillate 

fuel and residual fuel. 

(a) General requirements. On each 

occasion when any person transfers 

custody or title of any distillate fuel or 

residual fuel, other than when fuel is 

sold or dispensed to the ultimate end 

user at a retail outlet or WPC facility, 

the transferor must provide the 

transferee PTDs that include the 

following information: 

(1) The sulfur per-gallon standard that 

the transferor represents the distillate 

fuel or residual fuel to meet under 

subpart D of this part (e.g., 15 ppm 

sulfur for ULSD or 1,000 ppm sulfur for 

ECA marine fuel). 

(2) An accurate and clear statement of 

the applicable designation(s) of the 

distillate fuel or residual fuel under 

§ 1090.1015 (e.g., ‘‘ULSD’’, ‘‘500 ppm 

LM diesel fuel’’, or ‘‘ECA marine fuel’’). 

(3) If the distillate fuel or residual fuel 

does not meet the sulfur standard in 

§ 1090.305(b) for ULSD, the following 

statement: ‘‘Not for use in highway 

vehicles or engines or nonroad, 

locomotive, or marine engines.’’ 

* * * * * 

■ 79. Amend § 1090.1120 by revising 

paragraph (b)(3)(iii) to read as follows: 

§ 1090.1120 PTD requirements for diesel 

fuel additives. 

* * * * * 

(b) * * * 

(3) * * * 

(iii) The contribution to the sulfur 

content of the diesel fuel, in ppm, that 

would result if the diesel fuel additive 

package is used at the maximum 

recommended concentration. 

* * * * * 

Subpart M—Recordkeeping 

■ 80. Amend § 1090.1205 by revising 

paragraphs (c) introductory text and 

(c)(1) through (4) to read as follows: 

§ 1090.1205 Recordkeeping requirements 

for all regulated parties. 

* * * * * 

(c) Sampling and testing. Any party 

that performs any sampling and testing 

on any fuel, fuel additive, or regulated 

blendstock must keep records of the 

following information for each sample 

collected: 

(1) The date, time, location, and 

identification of the storage tank, railcar, 

truck, or vessel from which the sample 

was collected. 

(2) The name of the person who 

collected the sample and the person 

who performed the test. 

(3) The results of all tests, including 

where more than one test is performed, 

as originally printed by the testing 

apparatus, or where no printed result is 

produced, the results as originally 

recorded by the person that performed 

the test. 

(4) The test methodology used. 

* * * * * 

■ 81. Amend § 1090.1210 by revising 

paragraphs (d)(1) and (d)(2)(i) to read as 

follows: 

§ 1090.1210 Recordkeeping requirements 

for gasoline manufacturers. 

* * * * * 

(d) * * * 

(1) Records that reflect the storage and 

movement of the PCG or TGP and 

blendstock within the gasoline 

manufacturing facility to the point such 

PCG or TGP is used to produce gasoline 

or BOB. 

(2) * * * 

(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 gasoline manufacturing 

facility. 

* * * * * 

■ 82. Amend § 1090.1215 by revising 

paragraphs (a), (b) introductory text, and 

(c) introductory text to read as follows: 

§ 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, ECA marine fuel, or distillate 

global marine fuel manufacturer must 

keep records for each of their facilities 

that include the information in this 

section. 

(b) Diesel fuel and ECA marine fuel 

records. For each batch of ULSD, 500 

ppm LM diesel fuel, or ECA marine fuel, 

a diesel fuel or ECA marine fuel 

manufacturer must keep records of the 

following information: 

* * * * * 


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(c) Distillate global marine fuel 

records. For distillate global marine 

fuel, a distillate global marine fuel 

manufacturer must keep records of the 

following information: 

* * * * * 

■ 83. Amend § 1090.1230 by revising 

paragraph (b)(8) to read as follows: 

§ 1090.1230 Recordkeeping requirements 

for oxygenate producers. 

* * * * * 

(b) * * * 

(8) The neat ethanol production 

quality control records or the test results 

on the neat ethanol, as applicable. 

* * * * * 

■ 84. Amend § 1090.1240 by revising 

paragraphs (b)(2)(i), (b)(2)(ii)(B), and 

(b)(2)(vi) to read as follows: 

§ 1090.1240 Recordkeeping requirements 

for gasoline detergent blenders. 

* * * * * 

(b) * * * 

(2) * * * 

(i) The dates of the VAR period. 

(ii) * * * 

(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: 

Equation 1 to paragraph (b)(2)(ii)(B) 

VD = DIi¥DIf + DIa¥DIw

Where: 

VD = Volume of detergent, in gallons. 

DIi = Initial detergent inventory of the tank, 

in gallons. 

DIf = Final detergent inventory of the tank, 

in gallons. 

DIa = Sum of any additions to detergent 

inventory, in gallons. 

DIw = Sum of any withdrawals from detergent 

inventory for purposes other than the 

additization of gasoline, in gallons. 

* * * * * 

(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. 

* * * * * 

■ 85. Amend § 1090.1245 by revising 

paragraph (b)(2) to read as follows: 

§ 1090.1245 Recordkeeping requirements 

for independent surveyors. 

* * * * * 

(b) * * * 

(2) Records related to a geographically 

focused E15 survey program under 

§ 1090.1420(b). 

* * * * * 

■ 86. Amend § 1090.1250 by revising 

paragraph (b)(2) to read as follows: 

§ 1090.1250 Recordkeeping requirements 

for auditors. 

* * * * * 

(b) * * * 

(2) Copies of each attestation 

engagement report prepared and all 

related records developed to prepare 

each report. 

■ 87. Amend § 1090.1255 by: 

■ a. Revising the section heading; and 

■ b. Revising paragraphs (a), (c)(4), and 

(d). 

The revisions read as follows: 

§ 1090.1255 Recordkeeping requirements 

for transmix, 500 ppm LM diesel fuel, and 

pipeline interface. 

(a) Overview. In addition to the 

requirements in § 1090.1205, a transmix 

processor, transmix blender, transmix 

distributor, manufacturer or distributor 

of 500 ppm LM diesel fuel using 

transmix, or pipeline operator must 

keep records that include the 

information in this section. 

* * * * * 

(c) * * * 

(4) Documents or information that 

demonstrates that the 500 ppm LM 

diesel fuel was only used in locomotive 

or marine engines that are not required 

to use ULSD under 40 CFR 1033.815 or 

40 CFR 1042.660, respectively. 

(d) Pipeline interface. A pipeline 

operator must keep records that 

demonstrate compliance with the 

pipeline interface handling practices in 

§ 1090.520. 

Subpart N—Sampling, Testing, and 

Retention 

■ 88. Amend § 1090.1300 by revising 

paragraphs (b) and (d) to read as 

follows: 

§ 1090.1300 General provisions. 

* * * * * 

(b) If you need to meet requirements 

for a quality assurance program at a 

minimum frequency, the first shipment 

of product you receive from each 

distributor triggers the testing 

requirement for that distributor. Perform 

testing with the first shipment of 

product to demonstrate compliance for 

the testing period. The following 

example illustrates the requirements for 

testing based on sampling the more 

frequent of every 90 days or 500,000 

gallons of certified butane you receive 

from each distributor: 

(1) If you receive an initial shipment 

of certified butane from a distributor on 

March 1, perform testing on that batch 

to show that it meets standards. A 

passing result qualifies all further 

shipments of certified butane from that 

distributor until May 29, as long as you 

receive less than 500,000 gallons of 

certified butane from that distributor 

during those 90 days. In that case, the 

testing period ends May 29 and the next 

testing period starts when you receive 

another shipment of certified butane 

from that distributor on or after May 30. 

(2) If you receive a shipment from that 

distributor before May 29 that that 

causes the total volume of certified 

butane from that distributor to exceed 

500,000 gallons over the testing period, 

the date that batch is received 

represents the end of the testing period. 

The next testing period starts when you 

receive another shipment of certified 

butane from that distributor. 

* * * * * 

(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. The 

following examples illustrate how to 

apply good laboratory practices: 

(1) You may exclude outlier data 

points for quality testing under 

§ 1090.1375 as specified in ASTM 

D6299 (incorporated by reference, see 

§ 1090.95), subject to the following 

requirements: 

(i) The justification for exclusion must 

be an assignable cause that is not part 

of the normal process and does not 

result from common causes. 

(ii) You must meet requirements for 

documenting and supporting exclusion 

of data points as specified in 

§ 1090.1375(a)(4). 

(2) [Reserved] 

* * * * * 

■ 89. Amend § 1090.1310 by: 

■ a. Revising paragraph (b) introductory 

text; and 

■ b. Adding paragraph (f). 

The revision and addition read as 

follows: 

§ 1090.1310 Testing to demonstrate 

compliance with standards. 

* * * * * 

(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 


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batch leaves the facility, except as 

specified in paragraph (f) of this section 

and § 1090.1315: 

* * * * * 

(f) Refiners and blending 

manufacturers may meet the testing 

requirements of paragraph (b) of this 

section by loading gasoline or diesel 

fuel onto a marine vessel, subject to the 

following conditions: 

(1) The marine vessel remains within 

15 miles of the fuel manufacturing 

facility after loading. 

(2) Each vessel compartment is 

sampled for meeting certification testing 

requirements as specified in 

§ 1090.1605(b)(1). 

(3) No additional loading or blending 

occurs after sampling and certification 

are complete. 

(4) The refiner or blending 

manufacturer ensures that the fuel 

meets all applicable per-gallon 

standards before the fuel leaves the area 

specified in paragraph (f)(1) of this 

section. 

■ 90. Amend § 1090.1315 by: 

■ a. Revising the introductory text and 

paragraph (a) introductory text; 

■ b. Adding paragraphs (a)(7) through 

(14); and 

■ c. Revising paragraph (c). 

The revisions and additions read as 

follows: 

§ 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. This section 

describes in-line blending waiver 

provisions that apply instead of or in 

addition to the requirements in 

§ 1090.1335(c). 

(a) Submit a request signed by the 

RCO, or their delegate, to EPA with the 

following information: 

* * * * * 

(7) Describe which blendstock 

parameters you intend to measure for 

managing the blending process and the 

typical sampling frequency for those 

measurements. 

(8) Describe any circumstances in 

which it is not possible to meet the 

requirements for sampling frequency as 

specified in § 1090.1335(c)(3). Also 

describe how you will adjust target 

values to account for the greater 

measurement variability. For example, if 

the greater margin of error corresponds 

to a 2 percent increase in measurement 

variability, adjust target values of all 

parameters subject to per-gallon and 

average standards downward by at least 

2 percent. 

(9) Describe an alternative sampling 

plan to meet requirements to test head, 

middle, and tail samples for small 

batches. Your alternative sampling plan 

may allow you to collect a single sample 

anytime during the blend for a batch 

involving up to 8 hours of blending or 

up to 1 million gallons of fuel, and it 

may allow you to collect two evenly 

distributed samples during the blend for 

a batch involving up to 16 hours of 

blending or up to 2 million gallons of 

fuel. 

(10) Describe your plans to meet 

requirements to test head, middle, and 

tail samples in cases where unforeseen 

circumstances cause the batch to be 

complete before blending the 

anticipated batch volume. Any failure to 

perform required tests must not occur in 

more than 10 percent of in-line blending 

batches for the calendar year. 

(11) Describe contingency plans for 

alternative sampling and testing in cases 

involving failure of the automatic 

compositor or other essential 

equipment. For example, the 

contingency play may identify 

collecting a second composite sample 

with a redundant system. 

(12) Describe any contingency plans 

for an alternative sampling 

demonstration if an automatic sampling 

test result fails to meet a per-gallon 

standard. For example, the plan may 

include certifying the batch based on 

manual sampling in a tank if you collect 

the whole batch in the tank before it 

leaves the fuel manufacturing facility 

gate. As another example, as long as the 

fuel remains at the facility, you may 

certify the batch based on secondary 

automatic sampling as fuel comes out of 

a holding tank that you use to collect 

the fuel that failed to meet a per-gallon 

standard. 

(13) In the case of in-line blending 

into a marine vessel, describe an 

alternative, equivalent method for 

meeting the requirement in 

§ 1090.1335(c)(4) to collect headmiddle-tail samples. 

(14) Include the following statement: 

‘‘The information in this submission is 

true, accurate, and complete to the best 

of my knowledge. I am aware that there 

are significant civil and criminal 

penalties for submitting false, 

misleading, or incomplete information.’’ 

* * * * * 

(c) The following provisions apply for 

amending an approved waiver under 

this section: 

(1) You must submit an updated 

waiver request to EPA 60 days before 

making any material change to your inline blending process. Material changes 

generally include anything that causes 

the previously approved waiver to be 

incorrect or incomplete. Examples of 

material changes may include changing 

analyzer hardware or programming, 

changing the analyzer’s location for 

drawing samples of blended fuel, 

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. 

(2) The request must include a 

description of the intended changes and 

a comparison document that clearly and 

comprehensively identifies the 

proposed changes to the waiver. The 

request must also include the statement 

in paragraph (a)(14) of this section. 

(3) Your request to amend a waiver 

under this section is deemed to be 

approved effective 60 days after EPA 

acknowledges receiving the request if 

there is no EPA response to the request. 

Such a response may be in the form of 

denying the request, identifying 

deficiencies, or requiring additional 

information. If we require that you 

correct a deficiency or submit additional 

information, your waiver request is 

deemed to be approved effective 60 days 

after EPA acknowledges receiving the 

responsive submission. 

* * * * * 

■ 91. Amend § 1090.1320 by: 

■ a. Revising paragraph (a) introductory 

text; 

■ b. Revising and republishing 

paragraph (a)(1)(i); 

■ c. Revising paragraphs (b) 

introductory text and (b)(1); 

■ d. Adding paragraphs (b)(5) and (6); 

and 

■ e. Revising paragraph (c)(1). 

The revisions, republication, and 

additions read as follows: 

§ 1090.1320 Adding blendstock to PCG. 

* * * * * 

(a) Sample and test using one of the 

following methods to exclude PCG from 

the compliance demonstration for sulfur 

content and benzene content: 

(1) * * * 

(i) Determine the sulfur content, 

benzene content, and oxygenate content 

of the PCG before blending blendstocks 

to produce a new batch of gasoline as 

follows: 

(A) Sample and test the sulfur 

content, benzene content, and oxygenate 

content of each batch of PCG using the 

procedures in § 1090.1350. Demonstrate 

homogeneity for the consolidated batch 

as specified in § 1090.1337 if blending 

involves multiple batches of PCG, or if 


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a single batch of PCG was certified 

without demonstrating homogeneity 

under § 1090.1337(a)(4). The blending 

manufacturer does not need to test PCG 

for oxygenate content if they can 

demonstrate that the PCG does not 

contain oxygenates as specified in 

paragraph (a)(1)(i)(C) of this section or 

§ 1090.1310(e)(1). For PCG sampled 

from a pipeline as specified in 

§ 1090.1335(c), homogeneity provisions 

apply as specified in § 1090.1337, 

except that no homogeneity testing is 

required for a volume less than 1 

million gallons. Evaluate homogeneity 

based on two evenly distributed 

samples if volume is between 1 million 

and 2 million gallons, and based on 

three evenly distributed samples if 

volume is greater than 2 million gallons. 

If multiple samples meet homogeneity 

requirements, composite the collected 

samples for testing sulfur, benzene, and 

oxygenate. 

(B) If the PCG is a BOB and the 

blending manufacturer is accounting for 

downstream oxygenate under 

§ 1090.710, also prepare a hand blend 

under § 1090.1340 and test the hand 

blend for sulfur content and benzene 

content. 

(C) The blending 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. 

(D) If multiple samples do not meet 

homogeneity requirements, demonstrate 

compliance based on the lowest 

measured values as specified in 

§ 1090.1337(a)(4). 

(E) If you are unable to measure a PCG 

parameter, you must comply using 

either the presumed value for the PCG 

volume or an EPA-approved alternative 

value as described in § 1090.1710(g). 

* * * * * 

(b) A certified butane or certified 

pentane blender that blends certified 

butane or certified pentane into PCG, 

other than Summer RFG or Summer 

RBOB, 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 the 

RVP of the blended fuel. The fuel 

manufacturer may rely on test results 

from the certified butane or certified 

pentane producer for sulfur content and 

benzene content. 

* * * * * 

(5) If the quality assurance testing 

under paragraph (b)(4) of this section 

shows that certified butane or certified 

pentane fails to meet one or more of the 

standards specified in § 1090.250 or 

§ 1090.255, the certified butane or 

certified pentane received from that 

distributor at that butane blending 

facility or pentane blending facility 

during that testing period is deemed to 

be in violation of the relevant per-gallon 

standard. Any later shipment of 

certified butane or certified pentane 

received from that distributor at that 

butane blending facility or pentane 

blending facility will also be deemed to 

be in violation of the relevant per-gallon 

standard unless another quality 

assurance test is conducted 

demonstrating that certified butane or 

certified pentane received from that 

distributor meets the standards 

specified in § 1090.250 or § 1090.255. 

(6) If certified butane or certified 

pentane is deemed to be in violation 

under paragraph (b)(5) of this section, 

the certified butane or certified pentane 

blender must calculate its compliance 

obligations using paragraph (a)(1) or (2) 

of this section using the test results from 

the quality assurance program and 

obtain any necessary sulfur or benzene 

credits. For purposes of averaging, 

banking, and trading, the certified 

butane or certified pentane deemed to 

be in violation will be subject to the 

sulfur and benzene standards in 

§§ 1090.205 and 1090.210, respectively. 

(c) * * * 

(1) Calculate and incur sulfur and 

benzene deficits under the BOB 

recertification provisions of § 1090.740. 

* * * * * 

■ 92. Revise and republish § 1090.1335 

to read as follows: 

§ 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 in 

paragraph (c) of this section for 

automatic sampling. Additional 

requirements for measuring RVP are 

specified in paragraph (d) of this 

section. A description of how to 

determine compliance based on single 

or multiple tests on single or multiple 

samples is specified in paragraph (e) of 

this section. 

(b) Manual sampling. Perform manual 

sampling using one of the methods 

specified in ASTM D4057 (incorporated 

by reference; see § 1090.95) to 

demonstrate compliance with standards 

as follows: 

(1) Collect a ‘‘running’’ or ‘‘all-levels’’ 

sample from the top of the tank. 

Drawing a sample from a standpipe is 

acceptable only if it is slotted or 

perforated to ensure that the drawn 

sample properly represents the whole 

batch. 

(2) Use tap sampling (or other spot 

sampling) to collect upper, middle, and 

lower samples. Collect samples that 

most closely match the 

recommendations in ASTM D4057. 

Adjust spot sampling for partially filled 

tanks as shown in Table 1, Table 5, or 

Table 6 of ASTM D4057, as applicable. 

(3) If the procedures in paragraphs 

(b)(1) and (2) of this section are 

impractical for a given storage 

configuration, you may use alternative 

sampling procedures as specified in 

ASTM D4057. This applies primarily for 

sampling with railcars, trucks, retail 

outlets, and other downstream 

locations. 

(4) Test results with manual sampling 

are valid only after you demonstrate 

homogeneity as specified in 

§ 1090.1337. Once a batch meets 

homogeneity specifications, you may 

use any properly drawn sample to 

represent the batch, subject to the handblending provisions of § 1090.1340. The 

entire batch volume is noncompliant if 

a sample fails to meet any applicable 

per-gallon standard. 

(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. Perform 

automatic sampling as specified in 

ASTM D4177 (incorporated by 

reference; see § 1090.95), with the 

additional provisions specified in this 

paragraph (c). Automatic sampling is 

intended to apply for in-line blending, 

including configurations that involve a 

pipeline filling a tank that will be 

certified as compliant before it leaves 

the fuel manufacturing facility gate. 

(1) Follow all specifications for 

automatic sampling in this paragraph (c) 

unless EPA approves an in-line 

blending waiver that authorizes specific 

exceptions under § 1090.1315. 

(2) 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. 

(3) Set a sampling frequency to 

represent a batch by meeting one or 

more of the following specifications, 


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keeping records to show that the 

sampling frequency meets 

specifications: 

(i) Collect 9,604 grabs. 

(ii) Collect a number of grabs that 

achieves a margin of error of 0.01 or less 

as specified in Section 19.1.3 of ASTM 

D4177. 

(iii) Collect grabs at regular intervals 

that do not exceed 20 seconds 

throughout the batch. 

(4) Collect three samples for 

individual measurements in addition to 

the composite sample. Draw head, 

middle, and tail samples that come from 

the initial, middle, and final thirds of 

the estimated batch volume, 

respectively. 

(5) If the composite sample fails to 

meet any applicable per-gallon 

standard, the entire batch volume is 

noncompliant. If one or more separate 

samples fail to meet any applicable pergallon standard, the volume of 

noncompliant fuel is the volume 

starting with the last valid passing result 

before the failing result (or the start of 

the batch), up to the first valid passing 

result after the failing result (or the end 

of the batch). 

(6) EPA may approve a different 

sampling strategy under an approved inline 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 the 

RVP of summer gasoline: 

(1) Meet the additional specifications 

for manual and automatic sampling in 

ASTM D5842 (incorporated by 

reference; see § 1090.95). 

(2) If you measure other fuel 

parameters for a given sample in 

addition to RVP testing, always measure 

RVP first. 

(e) Testing and reporting to 

demonstrate compliance with 

standards. Perform testing as specified 

in this subpart and report values to 

demonstrate compliance with per-gallon 

and average standards as follows: 

(1) For parameters subject to pergallon 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). 

(2) 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. 

(3) 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. 

■ 93. Revise and republish § 1090.1337 

to read as follows: 

§ 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) Horizontal tanks with circular or 

elliptical cross section with a volume 

less than 42,000 gallons used for storing 

ethanol denaturant. Draw samples from 

the approximate mid-depth of the 

product level. 

(4) You draw spot samples as 

specified in paragraph (c) of this 

section, test each sample for every 

parameter subject to a testing 

requirement, and use the worst-case test 

result for each parameter for purposes of 

reporting, meeting per-gallon and 

average standards, and all other aspects 

of compliance. 

(5) Your tank configuration depends 

on roof sampling for homogeneity 

demonstration, but inclement weather 

prevents collecting roof samples and 

EPA has already approved a plan for a 

mixing procedure to ensure a 

homogeneous batch for your specific 

tank configuration. EPA approval of the 

mixing procedure will include 

consideration of product type, fill level, 

and other relevant parameters for 

specific tank configurations and batch 

characteristics. Keep records to 

document EPA approval of the mixing 

procedure, your actions to follow the 

approved mixing procedure, and the 

forcing weather event. 

(6) Sampling occurs at a downstream 

location where it is not possible to 

collect separate samples and steps are 

taken to ensure that the batch is well 

mixed. 

(7) The product being tested is 

certified butane or certified pentane. 

(b) Any test to establish homogeneity 

is considered a certification test relative 

to a per-gallon standard for a given 

parameter if the test result is the worstcase value from all testing performed for 

the batch. Report the highest measured 

value as specified in § 1090.1335(e)(1). 

(c) Use spot sampling as specified in 

§ 1090.1335(b)(2) for homogeneity 

testing. 

(d) Demonstrate homogeneity for 

gasoline and TGP 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 density or API gravity 

using ASTM D287, ASTM D1298, 

ASTM D4052, or ASTM D7777 

(incorporated by reference, see 

§ 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) Homogeneity requirements apply 

as follows for other products: 

(1) Demonstrate homogeneity for 

diesel fuel using one of the procedures 

specified in paragraph (d)(1) or (2) of 

this section. 

(2) Demonstrate homogeneity for 

certified ethanol denaturant and 

oxygenate based on measured sulfur 

content as specified in § 1090.1360, 

except that no homogeneity testing is 

required for DFE if you calculate sulfur 

content as specified in § 1090.1330. 

(f) Consider the batch to be 

homogeneous for a given parameter if 

the measured values for all tested 

samples vary by no more 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 


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prevent a quantity of fuel, fuel additive, 

or regulated blendstock from being 

considered a batch for demonstrating 

compliance with the requirements of 

this part. The following additional 

provisions apply for special cases: 

(1) Do not use test results for a given 

test method for a parameter to 

demonstrate homogeneity if multiple 

measured values are at or below the test 

method’s PLOQ, LLOQ, or valid range, 

as applicable. You may instead use a 

different test method as allowed under 

this subpart to get test results with the 

same parameter or with a different 

parameter. 

(2) If you have homogeneity test 

results for more than the required 

number of parameters and not all 

parameters meet the criteria, all testing 

results except density or API gravity 

must meet applicable homogeneity 

criteria to demonstrate that the batch is 

homogeneous. 

(3) If using ASTM D4052 

(incorporated by reference; see 

§ 1090.95) for measuring density or API 

gravity to demonstrate homogeneity 

through December 31, 2026, you may 

calculate the homogeneity criterion 

based on the reproducibility of the test 

method at the limit of the valid range for 

testing, even if measured results extend 

beyond the valid range. You may 

request to use an updated version of 

ASTM D4052 if the updated version has 

expanded the range of reproducibility to 

include your measured results. You may 

also request to use the provisions of this 

paragraph (f)(3) beyond December 31, 

2026, if there is no updated version of 

ASTM D4052 with reproducibility that 

applies for your measured results. 

■ 94. Amend § 1090.1340 by revising 

paragraphs (a) introductory text, (a)(1), 

and (a)(2)(iii) to read as follows: 

§ 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 hand blends as follows: 

(1) Take steps to avoid introducing 

high or low bias in sulfur content when 

selecting from available samples to 

prepare the hand blend. For example, if 

there are three samples with discrete 

sulfur content measurements, select the 

sample with the mid-range sulfur 

content. In other cases, randomly select 

the sample. If you omit the homogeneity 

demonstration under § 1090.1337(a)(4), 

prepare a single hand blend using the 

BOB sample that has the highest sulfur 

content. 

(2) * * * 

(iii) As an example, if you give 

instructions for a given batch of BOB to 

perform downstream blending to make 

E10, E15, and a blend that contains 8 

volume percent butanol, prepare a hand 

blend for testing winter gasoline with 8 

volume percent butanol, and prepare an 

E10 hand blend for testing summer 

gasoline. 

* * * * * 

■ 95. Amend § 1090.1345 by: 

■ a. Revising paragraph (a)(5); 

■ b. Adding paragraphs (a)(6) and (7); 

and 

■ c. Redesignating paragraphs (c) 

through (e) as paragraphs (b) through 

(d). 

The revision and additions read as 

follows: 

§ 1090.1345 Retaining samples. 

(a) * * * 

(5) The nominal volume of retained 

liquid samples must be at least 330 ml. 

(6) If you have only a single sample 

for testing, keep that sample after testing 

is complete. If you collect multiple 

samples from a single batch, keep any 

sample that represents the batch, except 

that samples of summer gasoline must 

be untested. 

(7) If you test a hand blend under 

§ 1090.1340, keep a sample of the BOB 

and a sample representative of the 

oxygenate used to prepare the hand 

blend. 

* * * * * 

■ 96. Amend § 1090.1350 by revising 

paragraphs (c)(4) and (5) to read as 

follows: 

§ 1090.1350 Overview of test procedures. 

* * * * * 

(c) * * * 

(4) Record oxygenate content to the 

nearest 0.01 mass percent for each 

measured oxygenate. 

(5) Record diesel fuel aromatic 

content to the nearest 0.1 volume 

percent, or record cetane index to the 

nearest whole number. 

* * * * * 

■ 97. Amend § 1090.1355 by revising 

paragraphs (a), (b)(1), and (2) to read as 

follows: 

§ 1090.1355 Calculation adjustments and 

corrections. 

* * * * * 

(a) Adjust measured values for total 

vapor pressure as follows: 

Equation 1 to paragraph (a) 

RVP = 0.946 .Ptotal¥0.347 

Where: 

RVP = Reid vapor pressure, in psi. 

Ptotal = Measured total vapor pressure, in psi. 

(b) * * * 

(1) If your test method involves a 

published procedure with a Pooled 

Limit of Quantitation (PLOQ), treat the 

PLOQ as your final result if your 

measured result is below the PLOQ. 

(2) If your test method involves a 

published procedure with a limited 

scope but no PLOQ, treat the lower 

bound of the scope as your final result 

if your measured result is less than that 

value. 

* * * * * 

■ 98. Amend § 1090.1360 by revising 

paragraph (b)(1)(i) to read as follows: 

§ 1090.1360 Performance-based 

Measurement System. 

* * * * * 

(b) * * * 

(1) * * * 

(i) Sulfur. 

* * * * * 

■ 99. Amend § 1090.1365 by: 

■ a. Revising the introductory text and 

paragraphs (a)(3) and (4); 

■ b. Revising and republishing 

paragraphs (b) and (c)(3); 

■ c. Revising paragraphs (f)(2) and (5). 

The revisions and republication read 

as follows: 

§ 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 Performancebased Measurement System specified in 

§ 1090.1360. 

(a) * * * 

(3) Except as specified in paragraph 

(d) of this section, testing to 

demonstrate compliance with the 

precision and accuracy specifications in 

this section apply only for the 

laboratory where the testing occurred. 

At a given laboratory, qualifying a test 

method applies for all associated 

instruments used for testing to certify 

fuel. 

(4) If a procedure for measuring 

benzene or sulfur in gasoline has no 

published PLOQ and no published 

scope with a lower bound, you must 

establish a LLOQ. 

* * * * * 

(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 


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the parameters and fuels specified in 

paragraph (b)(4) of this section. Take the 

following steps to qualify the 

measurement procedure for measuring a 

given fuel parameter: 

(1) The fuel must meet the parameter 

specifications in table 1 to paragraph 

(b)(4) 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) An alternative procedure for 

measuring oxygenate in gasoline must 

account for every type of oxygenate 

covered by the referee method. 

(4) Calculate the maximum allowable 

standard deviation as follows: 

Equation 1 to Paragraph (b)(4) 

Where: 

smax = Maximum allowable standard 

deviation. 

x1, x2, and x3 have the values from the 

following table: 

TABLE 1 TO PARAGRAPH (b)(4)—PRECISION CRITERIA FOR QUALIFYING ALTERNATIVE PROCEDURES

Fuel, fuel additive, or 

regulated blendstock Fuel parameter Range x1

x2

repeatability 

(r) or 

reproducibility 

(R) 1

x3

Fixed 

values of 

smax

Source 2

ULSD ............................. Sulfur ............................ 5 ppm minimum ............ 1.5 r = 1.33 ................. 2.77 0.72 ASTM D3120–08. 

500 ppm LM diesel fuel Sulfur ............................ 350 ppm minimum ........ 1.5 r = 21.3 ................. 2.77 11.5 ASTM D2622–16. 

ECA marine fuel ............ Sulfur ............................ 700 ppm minimum ........ 1.5 r = 37.1 ................. 2.77 20.1 ASTM D2622–16. 

Butane ........................... Sulfur ............................ ....................................... 1.5 r = 0.1152 · x ....... 2.77 .................... ASTM D6667–14. 

Gasoline ........................ Sulfur ............................ ....................................... 1.5 r = 0.4998 · x0.54 .. 2.77 .................... ASTM D7039–15a. 

Gasoline ........................ Oxygenate .................... ....................................... 0.3 R = 0.13 · x0.83 ..... 1 .................... ASTM D5599–18. 

Gasoline ........................ RVP3 ............................ ....................................... 0.3 R = 0.40 ............... 1 0.12 ASTM D5191–15 

Gasoline ........................ Benzene ....................... ....................................... 0.15 R = 0.221 · x0.67 ... 1 .................... ASTM D5769–20. 

1 Calculate repeatability and reproducibility using the average value determined from testing. Use units as specified in § 1090.1350(c). 2 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) * * * 

(3) The measurement procedure meets 

the accuracy requirement as follows: 

(i) Demonstrate accuracy for 

measuring sulfur in gasoline and butane 

using samples 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 the ARV for each applicable range 

as follows: 

Equation 2 to Paragraph (c)(3)(i) 

Dmax = 0.75 · smax

Where: 

Dmax = Maximum allowable difference. 

smax = Maximum allowable standard 

deviation, per paragraph (b)(4) of this 

section, using the sulfur content 

represented by the ARV. 

(ii) Demonstrate accuracy for 

measuring sulfur in diesel fuel using 

test fuels meeting the specifications in 

table 2 to this section. For testing diesel 

fuel-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 value and 

the ARV corresponding to the ARV at 

the upper end of each specified range. 

These values are based on calculations 

with the equation in paragraph (c)(3)(i) 

of this section, with parameter values 

set equal to the standard. 

TABLE 2 TO PARAGRAPH (c)(3)(ii)—ACCURACY CRITERIA FOR QUALIFYING ALTERNATIVE PROCEDURES WITH DIESEL FUEL

AND DIESEL FUEL-RELATED BLENDSTOCKS AND ADDITIVES

Fuel Sulfur content 

(ppm) 

Illustrated 

maximum 

allowable 

difference 

ULSD ....................................................................................................................................................................... 10–20 0.54 

500 ppm LM diesel fuel ........................................................................................................................................... 450–500 8.65 

ECA marine fuel ...................................................................................................................................................... 900–1,000 15.1 

* * * * * 

(f) * * * 

(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. 

* * * * * 


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(5) Perform testing at your laboratory 

as specified in paragraph (b) of this 

section to establish the repeatability of 

the alternative procedure. The 

repeatability must be as good as or 

better than that specified in paragraph 

(b)(4) of this section. 

* * * * * 

■ 100. Amend § 1090.1370 by revising 

paragraph (b) to read as follows: 

§ 1090.1370 Qualifying criteria for 

reference installations. 

* * * * * 

(b) You may qualify a reference 

installation for VCSB procedures by 

participating in an inter-laboratory 

crosscheck program with at least 16 

separate measurements that are not 

identified as outliers. This presumes 

that the results for the candidate 

reference installation are not outliers. 

* * * * * 

■ 101. Amend § 1090.1375 by: 

■ a. Redesignating paragraph (a)(4) as 

(a)(5) and adding new paragraph (a)(4); 

■ b. Revising paragraphs (c) 

introductory text, (c)(2), and (c)(4); and 

■ c. Adding paragraphs (d) and (e). 

The additions and revisions read as 

follows: 

§ 1090.1375 Quality control procedures. 

* * * * * 

(a) * * * 

(4) Keep records to document any test 

results excluded for being out of control 

under Section 8.5 and A1.5.4.1 of ASTM 

D6299. Identify the assignable cause and 

include any appropriate additional 

supporting justification. 

* * * * * 

(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 as specified in paragraph (d) of 

this section. 

* * * * * 

(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 representing fuel that is typical for 

your testing. 

* * * * * 

(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: 

Equation 1 to paragraph (c)(4) 

Where: 

Dmax = Maximum allowable difference. 

L = Total number of test results used to 

determine the ARV of a consensusnamed fuel. For testing locally named 

fuels for which no consensus-based ARV 

applies, use L equal to ∞. 

R = Reproducibility of the referee procedure 

identified in § 1090.1360(d), as noted in 

table 1 to § 1090.1365(b)(4) or in the 

following table: 

TABLE 1 TO PARAGRAPH (c)(4)—CRITERIA FOR QUALIFYING ALTERNATIVE PROCEDURES

Tested product Referee 

procedure 1 Reproducibility (R) 2

ULSD, 500 ppm diesel fuel, ECA marine fuel, diesel fuel additive, gasoline, gasoline regulated 

blendstock, and gasoline additive.

ASTM D2622 .............. R = 0.4273 · x0.8015

Butane ........................................................................................................................................... ASTM D6667 .............. R = 0.3130 · x 

1ASTM 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). 

(d) Demonstrating accuracy by 

participating in crosscheck programs. 

You may meet accuracy requirements 

under paragraph (c) of this section by 

comparing your results to the accepted 

reference value in an inter-laboratory 

crosscheck program sponsored by 

ASTM International or another VCSB at 

least three times per year (two times per 

year for RVP), subject to the following 

provisions: 

(1) Your results from the crosscheck 

program are not valid for demonstrating 

compliance with accuracy requirements 

for a test instrument under this section 

if any of the following apply: 

(i) The crosscheck program does not 

have a robust ARV based on the check 

standard requirements in Section 6.2 of 

ASTM D6299. 

(ii) The difference between the test 

result and the ARV is greater than the 

maximum allowable difference in 

paragraph (c)(4) of this section. 

(iii) The measured value lies outside 

of the three-sigma range for the data 

from the relevant inter-laboratory 

crosscheck program. 

(2) If your results from the crosscheck 

program are not valid under paragraph 

(a)(1) of this section, perform a root 

cause analysis and document your 

findings and the steps you take to 

correct the problem. You continue to 

meet accuracy requirements under this 

section for the affected parameter only 

if you correct the problem and 

demonstrate compliance with the 

accuracy requirements of this section 

within 45 days after learning of a failure 

under paragraph (d)(1) of this section. 

The compliance demonstration may be 

based on in-house testing using a check 

standard qualified by a third party, on 

a non-VCSB correlation program 

administered by a third party, or on 

testing in the next crosscheck program. 

(e) Failure to meet precision or 

accuracy requirements. The presumed 

values specified in § 1090.1710(g) apply 

relative to certification for parameter 

measurements with test instruments 

failing to meet precision or accuracy 

requirements under this section. If you 

fail to meet the deadlines for resolving 

crosscheck-related issues under 

paragraph (d)(2) of this section, the 

presumed values apply relative to 

certification for parameter 

measurements with the test instruments 

failing to meet precision or accuracy 


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requirements starting at the point of 

learning of a failure under paragraph 

(d)(1) of this section. 

■ 102. Amend § 1090.1390 by revising 

the section heading to read as follows: 

§ 1090.1390 Requirement for automated 

detergent blending equipment calibration. 

* * * * * 

■ 103. Amend § 1090.1395 by revising 

paragraphs (a) introductory text, 

(a)(1)(i), and (b) introductory text to read 

as follows: 

§ 1090.1395 Gasoline deposit control test 

procedures. 

* * * * * 

(a) Top Tier-based test method. Use 

the procedures specified in ASTM 

D6201 (incorporated by reference, see 

§ 1090.95), as follows: 

(1) * * * 

(i) 8.0–10.0 volume percent ethanol 

that meets the requirements in 

§ 1090.270 and conforms to the 

specifications of ASTM D4806 

(incorporated by reference, see 

§ 1090.95). 

* * * * * 

(b) CARB test method. Use the 

procedures specified by CARB in Title 

13, California Code of Regulations, 

section 2257 (incorporated by reference, 

see § 1090.95). 

* * * * * 

Subpart O—Survey Provisions 

■ 104. Amend § 1090.1400 by revising 

paragraph (a)(2) to read as follows: 

§ 1090.1400 General provisions. 

(a) * * * 

(2) The program plan must be signed 

by the RCO of the independent surveyor 

conducting the program. 

* * * * * 

■ 105. Amend § 1090.1405 by revising 

paragraphs (a)(1) and (b)(2) to read as 

follows: 

§ 1090.1405 National fuels survey 

program. 

(a) * * * 

(1) A gasoline manufacturer that 

elects to account for oxygenate added 

downstream under § 1090.710 must 

participate in the national fuels survey 

program (NFSP) specified in paragraph 

(b) of this section. 

* * * * * 

(b) * * * 

(2) The survey program must be 

conducted by collecting samples 

representative of retail outlets in the 

United States as specified in 

§ 1090.1415. 

■ 106. Amend § 1090.1410 by revising 

paragraphs (b)(1), (2), (c)(3), (5), (d), and 

(e) to read as follows: 

§ 1090.1410 Independent surveyor 

requirements. 

* * * * * 

(b) * * * 

(1) Obtain samples representative of 

the gasoline and diesel fuel (including 

diesel fuel made available at retail 

outlets to nonroad vehicles, engines, 

and equipment) offered for sale 

separately from all retail outlets in 

accordance with the survey program 

plan approved by EPA, or immediately 

notify EPA of any refusal of a retailer to 

allow samples to be taken. 

(2) Obtain the number of samples 

representative of the number of retail 

outlets offering E15. 

* * * * * 

(c) * * * 

(3) Diesel fuel samples must be 

analyzed for sulfur content. 

* * * * * 

(5) All testing must be completed by 

an EPA-approved laboratory within 10 

business days after receipt of the 

sample. 

(d) Verify E15 labeling requirements 

at retail outlets that offer E15 for sale. 

(e)(1) Using procedures specified in 

an EPA-approved plan under 

§ 1090.1415, notify EPA, the retailer, 

and the branded fuel manufacturer (if 

applicable) within 24 hours after an 

EPA-approved laboratory has completed 

analysis when any of the following 

occur: 

(i) A test result for a gasoline sample 

yields a sulfur content result that 

exceeds the downstream sulfur pergallon standard in § 1090.205(c). 

(ii) A test result for a gasoline sample 

yields an RVP result that exceeds the 

applicable RVP standard in § 1090.215. 

(iii) A test result for a diesel fuel 

sample yields a sulfur content result 

that exceeds the sulfur standard in 

§ 1090.305(b). 

(iv) A test result for a gasoline sample 

identified as ‘‘E15’’ yields an ethanol 

content result that exceeds 15 volume 

percent. 

(v) A test result for a gasoline sample 

not identified as ‘‘E15’’ yields an 

ethanol content of more than 10 volume 

percent ethanol. 

(2) Any notification to EPA or a 

branded fuel manufacturer under 

paragraph (e)(1) of this section must 

include the retail outlet’s contact 

information, including name, title, 

mailing address, telephone number, and 

email address of a representative of the 

retail outlet, if available. 

* * * * * 

■ 107. Amend § 1090.1415 by: 

■ a. Revising and republishing 

paragraph (d); and 

■ b. Revising paragraphs (e)(2) and (f) 

introductory text. 

The revisions and republication read 

as follows: 

§ 1090.1415 Survey program plan design 

requirements. 

* * * * * 

(d) Retail outlet selection. (1) Retail 

outlets to be sampled in a sampling area 

must be selected from among all 

gasoline retail outlets in the United 

States with the probability of selection 

proportionate to the volume of gasoline 

sold at the retail outlet. The sample of 

retail outlets must also include gasoline 

retail outlets with different brand names 

as well as those gasoline retail outlets 

that are unbranded. 

(2) For any retail outlet from which a 

sample of gasoline or diesel fuel was 

collected during a survey and was 

reported to EPA under § 1090.1410(e), 

that retail outlet must be included in the 

subsequent survey. 

(3) At least one sample of a product 

dispensed as E15 must be collected at 

each gasoline retail outlet when E15 is 

present, and separate samples must be 

taken that represent the gasoline 

contained in each storage tank at the 

gasoline retail outlet unless collection of 

separate samples is not practicable. 

(4) At least one sample of diesel fuel 

must be collected at each retail outlet 

when diesel fuel is present. Samples of 

diesel fuel may be collected at retail 

outlets that sell gasoline. 

(e) * * * 

(2) The minimum number of samples 

to be included in the survey program 

plan for each calendar year is calculated 

as follows: 

Equation 1 paragraph (e)(2) 


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Where: 

n = Minimum number of samples in a yearlong survey series. However, n must be 

greater than or equal to 2,000 for the 

number of diesel fuel samples or 5,000 

for the number of gasoline samples. 

Zα = Upper percentile point from the normal 

distribution to achieve a one-tailed 95 

percent confidence level (5 percent alevel). For purposes of this survey 

program, Zα equals 1.645. 

Zβ = Upper percentile point to achieve 95 

percent power. For purposes of this 

survey program, Zβ equals 1.645. 

j1 = Maximum proportion of noncompliant 

outlets for a region to be deemed 

compliant. This parameter needs to be 5 

percent or greater (i.e., 5 percent or more 

of the outlets, within a stratum such that 

the region is considered noncompliant). 

j0 = Underlying proportion of noncompliant 

outlets in a sample. For the first survey 

program plan, j0 will be 2.3 percent. For 

subsequent survey program plans, j0

will be the average of the proportion of 

outlets found to be noncompliant over 

the previous 4 surveys. 

Fa = Adjustment factor for the number of 

extra samples required to compensate for 

samples that could not be included in 

the survey (e.g., due to technical or 

logistical considerations), based on the 

number of additional samples required 

during the previous 4 surveys. Fa must 

be greater than or equal to 1.1. 

Fb = Adjustment factor for the number of 

samples required to resample each retail 

outlet with test results reported to EPA 

under § 1090.1410(e), based on the rate 

of resampling required during the 

previous 4 surveys. Fb must be greater 

than or equal to 1.1. 

Sun = Number of surveys per year. For 

purposes of this survey program, Sun

equals 4. 

Stn = Number of sampling strata. For 

purposes of this survey program, Stn

equals 3. 

* * * * * 

(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 under 

§ 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: 

* * * * * 

■ 108. Amend § 1090.1420 by revising 

and republishing paragraph (a) to read 

as follows: 

§ 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 gasoline, BOB, DFE, or 

gasoline-ethanol blended fuel that is 

intended for use in or as E15 must 

comply with either survey program 

Option 1 (as specified in paragraph (b) 

of this section) or Option 2 (as specified 

in paragraph (c) of this section). 

(2) For an oxygenate producer that 

produces or imports DFE, the DFE is 

deemed as intended for use in E15 

unless the oxygenate producer 

demonstrates that it was not intended 

for such use. The oxygenate producer 

may demonstrate, at a minimum, that 

DFE is not intended for use in E15 by 

including language on PTDs stating that 

the DFE is not intended for use in E15, 

entering into contracts with oxygenate 

blenders to limit the use of their DFE to 

gasoline-ethanol blended fuels of no 

more than 10 volume percent ethanol, 

and limiting the concentration of their 

DFE to no more than 10 volume percent 

ethanol in their fuel additive 

registration under 40 CFR part 79. 

* * * * * 

■ 109. Amend § 1090.1450 by: 

■ a. Revising paragraph (c)(2)(v); 

■ b. Revising and republishing 

paragraph (c)(3); and 

■ c. Revising paragraphs (c)(4) 

introductory text, (c)(10) introductory 

text, (c)(10)(iii), (d)(2)(i), (d)(3)(ii), (d)(4) 

introductory text, (d)(4)(iv), and (d)(5). 

The revisions and republication read 

as follows: 

§ 1090.1450 National sampling and testing 

oversight program. 

* * * * * 

(c) * * * 

(2) * * * 

(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 

NSTOP 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 NSTOP 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, 

except that samples of exempt gasoline 

under § 1090.630 do not need to be 

analyzed for 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 an 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, except that 

samples of exempt gasoline under 

§ 1090.630 do not need to be analyzed 

for RVP. 

(4) Using procedures specified in an 

EPA-approved NSTOP plan under this 

section, notify EPA and the gasoline 

manufacturer within 24 hours after an 

EPA-approved laboratory has completed 

analysis when any of the following 

occur: 

* * * * * 

(10) Review the test performance 

index and precision ratio for each 

method and instrument the laboratory 

used to test gasoline samples collected 

under this section as follows: 

* * * * * 

(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 gasoline samples collected under 

this section. 

* * * * * 

(d) * * * 

(2) * * * 

(i) Each participating gasoline 

manufacturing facility must be sampled 

at least once during each season they 

produce fuel. The NSTOP plan must 

demonstrate how these facilities will be 

randomly selected within the summer 

and winter seasons. 

* * * * * 

(3) * * * 

(ii) The minimum number of samples 

to be included in the NSTOP plan for 

each calendar year is calculated as 

follows: 

Equation 1 to paragraph (d)(3)(ii) 

n = R · Fa · Fb · Sun

Where: 

n = Minimum number of samples in a year. 

R = Number of participating gasoline 

manufacturing facilities. 

Fa = Adjustment factor for the number of 

extra samples required to compensate for 

samples that could not be included in 

the NSTOP (e.g., due to technical or 

logistical considerations), based on the 

number of additional samples required 

during the previous 2 calendar years. Fa

must be greater than or equal to 1.1. 

Fb = Adjustment factor for the number of 

samples required to ensure oversight. For 

purposes of this program, Fb equals 1.25. 

Sun = Number of samples required per 

participating facility per year. For 

purposes of this program, Sun equals 2. 


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(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 NSTOP 

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: 

* * * * * 

(iv) Records demonstrating the 

laboratory’s performance in a laboratory 

crosscheck program for the most recent 

12 months prior to submission of the 

NSTOP plan. 

(5) Sampling procedure. The NSTOP 

plan must include a detailed description 

of the sampling procedures used to 

collect samples at participating gasoline 

manufacturing facilities. 

* * * * * 

Subpart P—Retailer and Wholesale 

Purchaser-Consumer Provisions 

■ 110. Amend § 1090.1515 by revising 

the section heading to read as follows: 

§ 1090.1515 Diesel fuel sulfur labeling 

provisions. 

* * * * * 

Subpart Q—Importer and Exporter 

Provisions 

■ 111. Amend § 1090.1600 by revising 

paragraphs (b) and (d) to read as 

follows: 

§ 1090.1600 General provisions for 

importers. 

* * * * * 

(b)(1) Except as specified in paragraph 

(b)(2) of this section, all applicable 

standards in subparts C and D of this 

part apply to imported gasoline and 

diesel fuel, respectively. 

(2) An importer that imports gasoline 

at multiple import facilities must 

comply with the gasoline average 

standards in §§ 1090.205(a) and 

1090.210(a) as specified in 

§ 1090.705(b), unless the importer 

complies with the provisions of 

§ 1090.1610 to meet the alternative pergallon standards for rail or truck imports 

specified in §§ 1090.205(d) and 

1090.210(c). 

* * * * * 

(d) Alternative testing requirements 

for an importer that imports fuel, fuel 

additive, or regulated blendstock by rail 

or truck are specified in § 1090.1610. 

■ 112. Amend § 1090.1605 by revising 

and republishing paragraph (b)(1) to 

read as follows: 

§ 1090.1605 Importation by marine vessel. 

* * * * * 

(b) * * * 

(1) The importer must sample each 

compartment of the vessel and use one 

of the following methods to meet testing 

requirements: 

(i) Treat each compartment as a 

separate batch. Each individual 

compartment is deemed to meet the 

homogeneity requirements in 

§ 1090.1337. 

(ii) For summer gasoline, measure the 

RVP of a sample collected from each 

compartment. In the case of blending 

oxygenate with imported gasoline, 

collect samples and measure RVP before 

or after blending as described in 

§ 1090.1310(c)(1) and (2). For testing all 

other products, combine samples from 

separate compartments into a single, 

vessel-volumetric composite sample 

using the procedures in Section 9.2.4 of 

ASTM D4057 (incorporated by 

reference, see § 1090.95). Test results 

from the composite sample are valid 

only if single samples collected from 

each affected compartment together 

meet the homogeneity requirements in 

§ 1090.1337. 

* * * * * 

■ 113. Revise and republish § 1090.1610 

to read as follows: 

§ 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 railcar or truck 

unless they do one of the following: 

(1) Use supplier results. The importer 

may rely on test results from the 

supplier for fuel, fuel additive, or 

regulated blendstock imported by rail or 

truck if the importer meets all the 

following requirements: 

(i) The importer obtains 

documentation of test results from the 

supplier for each batch of fuel, fuel 

additive, or regulated blendstock in 

accordance with the following 

requirements: 

(A) The testing includes 

measurements for all the parameters 

specified in § 1090.1310 using the 

measurement procedures specified in 

§ 1090.1350. 

(B) Testing for a given batch occurs 

after the most recent delivery into the 

supplier’s storage tank and before 

transferring the fuel, fuel additive, or 

regulated blendstock to the railcar or 

truck. 

(ii) The importer conducts testing to 

verify test results from each supplier as 

follows: 

(A) Collect a sample at least once 

every 30 days or every 50 rail or 

truckloads from a given supplier, 

whichever is more frequent. Test the 

sample as specified in paragraphs 

(a)(1)(i)(A) and (B) of this section. 

(B) Treat importation of each fuel, fuel 

additive, or regulated blendstock 

separately, but treat railcars or 

truckloads together if the fuel, fuel 

additive, or regulated blendstock is 

imported from a given supplier by rail 

or truck. 

(2) Certify in a storage tank. The 

importer may transfer the fuel, fuel 

additive, or regulated blendstock 

imported by rail or truck into storage 

tanks that also contain the same product 

if the importer meets the following 

requirements: 

(i) For gasoline, the importer transfers 

gasoline into one or more empty tanks 

or tanks containing PCG that the 

importer owns. 

(A) If the importer transfers gasoline 

into one or more empty tanks, they must 

sample and test the sulfur content, 

benzene content, 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 train or truck, 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 railcar or truck until 

EPA determines that the importer has 


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adequately addressed the cause of the 

failure. 

■ 114. Amend § 1090.1615 by revising 

and republishing paragraph (d) to read 

as follows: 

§ 1090.1615 Gasoline treated as a 

blendstock. 

* * * * * 

(d)(1) The importer must treat the 

GTAB as if it were imported gasoline 

and complete all the requirements for a 

gasoline manufacturer under 

§ 1090.105(a) (except for the sampling, 

testing, and sample retention 

requirements in § 1090.105(a)(6)) for the 

GTAB at the time it is imported. 

(2) Any GTAB that ultimately is not 

used to produce gasoline (e.g., a tank 

bottom of GTAB) must be treated as 

newly imported gasoline and must meet 

all applicable requirements for imported 

gasoline. 

Subpart R—Compliance and 

Enforcement Provisions 

■ 115. Amend § 1090.1710 by revising 

paragraph (g) introductory text to read 

as follows: 

§ 1090.1710 Penalties. 

* * * * * 

(g) The presumed fuel parameter 

values in this paragraph (g) 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. Any person 

requesting the use of alternative test 

values must submit their request to EPA 

as specified in § 1090.10 within 30 days 

of discovering failure to comply with 

sampling and testing requirements, 

except that the request will be 

considered timely if the sampling and 

testing violation is self-disclosed under 

EPA’s audit policy and the request is 

submitted by the certification deadline 

for the self-disclosure. 

* * * * * 

■ 116. Amend § 1090.1715 by: 

■ a. Revising paragraph (c); and 

■ b. Revising and republishing 

paragraph (e). 

The revisions and republication read 

as follows: 

§ 1090.1715 Liability provisions. 

* * * * * 

(c) Any parent corporation is liable for 

any violation committed by any of its 

wholly owned subsidiaries. 

* * * * * 

(e)(1) Any person who produced, 

imported, sold, offered for sale, 

dispensed, supplied, offered for supply, 

stored, transported, caused the 

transportation or storage of, or 

introduced into commerce fuel, fuel 

additive, or regulated blendstock that is 

in the storage tank containing fuel, fuel 

additive, or regulated blendstock that is 

found to be in violation of a per-gallon 

standard is liable for the violation. 

(2) In order for a carrier to be liable 

under paragraph (e)(1) of this section, 

EPA must demonstrate by reasonably 

specific showing, by direct or 

circumstantial evidence, that the carrier 

caused the violation. 

* * * * * 

Subpart S—Attestation Engagements 

■ 117. Amend § 1090.1800 by: 

■ a. Adding paragraph (a)(3); and 

■ b. Revising paragraphs (b)(1)(ii) and 

(d)(1). 

The addition and revisions read as 

follows: 

§ 1090.1800 General provisions. 

(a) * * * 

(3) A gasoline manufacturer that 

transacts sulfur or benzene credits 

under this part. 

(b) * * * 

(1) * * * 

(ii) The auditor may be a certified 

public accountant, or firm of such 

accountants, that is independent of the 

gasoline manufacturer. Such an auditor 

must comply with the AICPA Code of 

Professional Conduct, including its 

independence requirements, the AICPA 

Statements on Quality Control 

Standards (SQCS) No. 8, A Firm’s 

System of Quality Control, the AICPA 

Statement on Quality Management 

Standards (SQMS) No. 1, No. 2, and No. 

3 (all incorporated by reference, see 

§ 1090.95), and applicable rules of state 

boards of public accountancy. Such an 

auditor must also perform the 

attestation engagement in accordance 

with the AICPA Statement on Standards 

for Attestation Engagements (SSAE) No. 

19, Agreed-Upon Procedures 

Engagements, especially as noted in 

sections AT–C 105, 215, and 315 

(incorporated by reference, see 

§ 1090.95). 

* * * * * 

(d) * * * 

(1) The auditor must prepare an 

attestation engagement report 

identifying the applicable procedures 

specified in this subpart along with the 

auditor’s corresponding findings for 

each procedure. The auditor must 

submit the attestation engagement 

report electronically to EPA by June 1 of 

the year following the compliance 

period. 

* * * * * 

■ 118. Amend § 1090.1805 by revising 

paragraph (a)(3) to read as follows: 

§ 1090.1805 Representative samples. 

(a) * * * 

(3) Determine sample size using an 

alternate method that is equivalent to or 

better than the methods specified in 

paragraphs (a)(1) and (2) of this section 

with respect to strength of inference and 

freedom from bias. An auditor that 

determines a sample size using an 

alternate method must describe and 

justify the alternate method in the 

attestation engagement report. 

* * * * * 

■ 119. Revise and republish § 1090.1810 

to read as follows: 

§ 1090.1810 General procedures for 

gasoline manufacturers. 

An auditor must perform the 

procedures specified in this section for 

a gasoline manufacturer that produces 

gasoline in the United States. 

(a) Registration and reports. An 

auditor must review registration and 

reports as follows: 

(1) Obtain copies of the gasoline 

manufacturer’s registration information 

submitted under subpart I of this part 

and all reports (except batch reports) 

submitted by the gasoline manufacturer 

under subpart J of this part. 

(2) For each gasoline manufacturing 

facility, confirm that the facility’s 

registration is accurate based on the 

activities reported during the 

compliance period, including that the 

registration for the facility and any 

related updates were completed prior to 

conducting regulated activities at the 

facility and report any discrepancies. 

(3) Confirm that the gasoline 

manufacturer submitted all reports 

required under subpart J of this part for 

activities they performed during the 

compliance period and report any 

exceptions. 

(4) Obtain a written statement from 

the gasoline manufacturer’s RCO that 

the submitted reports are complete and 

accurate. 

(5) Report the name of any 

commercial computer program used to 

track any data required under this part. 

(b) Inventory reconciliation analysis. 

An auditor must review an inventory 

reconciliation analysis as follows: 

(1) Obtain an inventory reconciliation 

analysis from the gasoline manufacturer 

for each gasoline type produced at each 

facility (e.g., RFG, CG, RBOB, CBOB), 

including the inventory at the beginning 

and end of the compliance period and 

inventory records (e.g., receipts, 

production volumes, shipments, 

transfers, and gain/loss). 


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(2) Foot and cross-foot the volumes by 

gasoline type. 

(3) Compare the beginning and ending 

inventory to the inventory records for 

each gasoline type and report any 

variances. 

(4) Report the total volume of each 

gasoline type. 

(c) Listing of gasoline tenders. An 

auditor must review a listing of gasoline 

tenders as follows: 

(1) Obtain a detailed listing of 

gasoline tenders from the gasoline 

manufacturer, by gasoline type. 

(2) Foot the tender volumes by 

gasoline type. 

(3) Compare the total volume from the 

tenders to the inventory reconciliation 

analysis obtained under paragraph (b) of 

this section for each gasoline type and 

report any variances. 

(d) Listing of gasoline batches. An 

auditor must review a listing of gasoline 

batches as follows: 

(1) Obtain the gasoline batch reports 

submitted by the gasoline manufacturer 

under subpart J of this part. 

(2) Foot the batch volumes by gasoline 

type. 

(3) Compare the total volume from the 

batch reports to the inventory 

reconciliation analysis obtained under 

paragraph (b) of this section for each 

gasoline type and report any variances. 

(4) Report as a finding any batch with 

a reported value that does not meet a 

per-gallon standard in subpart C of this 

part. 

(e) Test methods. An auditor must 

follow the procedures specified in 

§ 1090.1845 to determine whether the 

gasoline manufacturer complies with 

the applicable quality control 

requirements specified in § 1090.1375. 

(f) Detailed testing of BOB tenders. An 

auditor must review a detailed listing of 

BOB tenders as follows: 

(1) Select a representative sample of 

BOB tenders from the listing of tenders 

obtained under paragraph (c) of this 

section. 

(2) Obtain the associated PTD for each 

selected tender. 

(3) Using a unique identifier, confirm 

that the correct PTDs are obtained for 

the selected tenders. 

(4) Compare the volume on the listing 

for each selected tender to the 

associated PTD and report any 

exceptions. 

(5) Confirm that the PTD associated 

with each selected tender contains all 

the applicable language required under 

subpart L of this part and report any 

exceptions. 

(g) Detailed testing of BOB batches. 

An auditor must review a detailed 

listing of BOB batches as follows: 

(1) Select a representative sample of 

BOB batches from the batch reports 

obtained under paragraph (d) of this 

section. 

(2) Obtain the volume documentation 

and laboratory analysis for each selected 

batch. 

(3) Compare the reported volume for 

each selected batch to the volume 

documentation and report any 

exceptions. 

(4) Compare the reported properties 

for each selected batch to the laboratory 

analysis and report any exceptions. 

(5) Compare the reported test methods 

used for each selected batch to the 

laboratory analysis and report any 

exceptions. 

(6) Determine each oxygenate type 

and amount that was required for 

blending with each selected batch. 

(7) Confirm that each oxygenate type 

and amount included in the BOB hand 

blend agrees with the gasoline 

manufacturer’s blending instructions for 

each selected batch and report any 

exceptions. 

(8) Confirm that the gasoline 

manufacturer participates in the NFSP 

under § 1090.1405, if applicable. 

(9)(i) For a blending manufacturer, 

confirm that the laboratory analysis 

includes test results for oxygenate 

content, if applicable, and distillation 

parameters (i.e., T10, T50, T90, final 

boiling point, and percent residue). 

(ii) For a blending manufacturer not 

required to measure oxygenate content, 

confirm that records demonstrate that 

the PCG or blendstock contained no 

oxygenate, no oxygenate was added to 

the final gasoline batch, and the 

blending manufacturer did not account 

for oxygenate added downstream under 

§ 1090.710. 

(h) Detailed testing of finished 

gasoline tenders. An auditor must 

review a detailed listing of finished 

gasoline tenders as follows: 

(1) Select a representative sample of 

finished gasoline tenders from the 

listing of tenders obtained under 

paragraph (c) of this section. 

(2) Obtain the associated PTD for each 

selected tender. 

(3) Using a unique identifier, confirm 

that the correct PTDs are obtained for 

the selected tenders. 

(4) Compare the volume on the listing 

for each selected tender to the 

associated PTD and report any 

exceptions. 

(5) Confirm that the PTD associated 

with each selected tender contains all 

the applicable language required under 

subpart L of this part and report any 

exceptions. 

(i) Detailed testing of finished 

gasoline batches. An auditor must 

review a detailed listing of finished 

gasoline batches as follows: 

(1) Select a representative sample of 

finished gasoline batches from the batch 

reports obtained under paragraph (d) of 

this section. 

(2) Obtain the volume documentation 

and laboratory analysis for each selected 

batch. 

(3) Compare the reported volume for 

each selected batch to the volume 

documentation and report any 

exceptions. 

(4) Compare the reported properties 

for each selected batch to the laboratory 

analysis and report any exceptions. 

(5) Compare the reported test methods 

used for each selected batch to the 

laboratory analysis and report any 

exceptions. 

(6)(i) For a blending manufacturer, 

confirm that the laboratory analysis 

includes test results for oxygenate 

content, if applicable, and distillation 

parameters (i.e., T10, T50, T90, final 

boiling point, and percent residue). 

(ii) For a blending manufacturer not 

required to measure oxygenate content, 

confirm that records demonstrate that 

the PCG or blendstock contained no 

oxygenate, no oxygenate was added to 

the final gasoline batch, and the 

blending manufacturer did not account 

for oxygenate added downstream under 

§ 1090.710. 

(j) Detailed testing of blendstock 

batches. In the case of adding 

blendstock to TGP or PCG under 

§ 1090.1320(a)(2), an auditor must 

review a detailed listing of blendstock 

batches as follows: 

(1) Select a representative sample of 

blendstock batches from the batch 

reports obtained under paragraph (d) of 

this section. 

(2) Obtain the volume documentation 

and laboratory analysis for each selected 

batch. 

(3) Compare the reported volume for 

each selected batch to the volume 

documentation and report any 

exceptions. 

(4) Compare the reported properties 

for each selected batch to the laboratory 

analysis and report any exceptions. 

(5) Compare the reported test methods 

used for each selected batch to the 

laboratory analysis and report any 

exceptions. 

(6) For a blending manufacturer not 

required to measure oxygenate content, 

confirm that records demonstrate that 

the PCG or blendstock contained no 

oxygenate, no oxygenate was added to 

the final gasoline batch, and the 

blending manufacturer did not account 

for oxygenate added downstream under 

§ 1090.710. 

■ 120. Revise and republish § 1090.1815 

to read as follows: 


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§ 1090.1815 General procedures for 

gasoline importers. 

An auditor must perform the 

procedures specified in this section for 

a gasoline importer. 

(a) Registration and reports. An 

auditor must review registration and 

reports for the importer as specified in 

§ 1090.1810(a). 

(b) Listing of gasoline imports. An 

auditor must review a listing of gasoline 

imports as follows: 

(1) Obtain a detailed listing of 

gasoline imports from the importer, by 

gasoline type. 

(2) Foot the import volumes from the 

importer by gasoline type. 

(3) Obtain a detailed listing of 

gasoline imports directly from the thirdparty customs broker, by gasoline type. 

(4) Foot the import volumes from the 

third-party customs broker by gasoline 

type. 

(5) Compare the total volume from the 

listing of imports supplied by the 

importer to the listing of imports 

supplied by the third-party customs 

broker for each gasoline type and report 

any variances. 

(6) Report the total imported volume 

of each gasoline type. 

(c) Listing of gasoline batches. An 

auditor must review a listing of gasoline 

batches as follows: 

(1) Obtain the gasoline batch reports 

submitted by the importer under 

subpart J of this part. 

(2) Foot the batch volumes by gasoline 

type. 

(3) Compare the total volume from the 

batch reports to the listing of imports 

supplied by the importer under 

paragraph (b) of this section for each 

gasoline type and report any variances. 

(4) Report as a finding any batch with 

a reported value that does not meet a 

per-gallon standard in subpart C of this 

part. 

(d) Test methods. An auditor must 

follow the procedures specified in 

§ 1090.1845 to determine whether the 

importer complies with the applicable 

quality control requirements specified 

in § 1090.1375. 

(e) Detailed testing of BOB imports. 

An auditor must review a detailed 

listing of BOB imports as follows: 

(1) Select a representative sample of 

BOB imports from the listing of imports 

supplied by the importer under 

paragraph (b) of this section. 

(2) Obtain the associated U.S. 

Customs Entry Summary and PTD for 

each selected import. 

(3) Using a unique identifier, confirm 

that the correct U.S. Customs Entry 

Summaries are obtained for the selected 

imports. 

(4) Compare the volume and location 

the import arrived in the United States 

on the listing for each selected import 

to the associated U.S. Customs Entry 

Summary and report any exceptions. 

(5) Using a unique identifier, confirm 

that the correct PTDs are obtained for 

the selected imports. 

(6) Compare the volume on the listing 

for each selected import to the 

associated PTD and report any 

exceptions. 

(7) Confirm that the PTD associated 

with each selected import contains all 

the applicable language required under 

subpart L of this part and report any 

exceptions. 

(f) Detailed testing of BOB batches. An 

auditor must review a detailed listing of 

BOB batches as follows: 

(1) Select a representative sample of 

BOB batches from the batch reports 

obtained under paragraph (c) of this 

section. 

(2) Obtain the volume inspection 

report and laboratory analysis for each 

selected batch. 

(3) Compare the reported volume for 

each selected batch to the volume 

inspection report and report any 

exceptions. 

(4) Compare the reported properties 

for each selected batch to the laboratory 

analysis and report any exceptions. 

(5) Compare the reported test methods 

used for each selected batch to the 

laboratory analysis and report any 

exceptions. 

(6) Determine each oxygenate type 

and amount that was required for 

blending with each selected batch. 

(7) Confirm that each oxygenate type 

and amount included in the BOB hand 

blend agrees with the importer’s 

blending instructions for each selected 

batch and report any exceptions. 

(8) Confirm that the importer 

participates in the NFSP under 

§ 1090.1405, if applicable. 

(g) Detailed testing of finished 

gasoline imports. An auditor must 

review a detailed listing of finished 

gasoline imports as follows: 

(1) Select a representative sample of 

finished gasoline imports from the 

listing of imports supplied by the 

importer under paragraph (b) of this 

section. 

(2) Obtain the associated U.S. 

Customs Entry Summary and PTD for 

each selected import. 

(3) Using a unique identifier, confirm 

that the correct U.S. Customs Entry 

Summaries are obtained for the selected 

imports. 

(4) Compare the volume and location 

the import arrived in the United States 

on the listing for each selected import 

to the associated U.S. Customs Entry 

Summary and report any exceptions. 

(5) Using a unique identifier, confirm 

that the correct PTDs are obtained for 

the selected imports. 

(6) Compare the volume on the listing 

for each selected import to the 

associated PTD and report any 

exceptions. 

(7) Confirm that the PTD associated 

with each selected import contains all 

the applicable language required under 

subpart L of this part and report any 

exceptions. 

(h) Detailed testing of finished 

gasoline batches. An auditor must 

review a detailed listing of finished 

gasoline batches as follows: 

(1) Select a representative sample of 

finished gasoline batches from the batch 

reports obtained under paragraph (c) of 

this section. 

(2) Obtain the volume inspection 

report and laboratory analysis for each 

selected batch. 

(3) Compare the reported volume for 

each selected batch to the volume 

inspection report and report any 

exceptions. 

(4) Compare the reported properties 

for each selected batch to the laboratory 

analysis and report any exceptions. 

(5) Compare the reported test methods 

used for each selected batch to the 

laboratory analysis and report any 

exceptions. 

(i) Additional procedures for gasoline 

imported by rail or truck. An auditor 

must perform the following additional 

procedures for an importer that imports 

gasoline into the United States by rail or 

truck under § 1090.1610: 

(1)(i) Select a representative sample of 

gasoline batches from the batch reports 

obtained under paragraph (c) of this 

section. 

(ii) Obtain the tank activity records for 

each selected batch from the party that 

supplied the gasoline to the importer. 

(iii) Identify the point of sampling and 

testing associated with each selected 

batch in the tank activity records. 

(iv) Confirm that the sampling and 

testing for each selected batch occurred 

after the most recent delivery into the 

supplier’s storage tank and before 

transferring gasoline to the railcar or 

truck. 

(2)(i) Obtain a detailed listing of the 

importer’s quality assurance program 

sampling and testing results. 

(ii) Determine whether the frequency 

of sampling and testing meets the 

requirements in § 1090.1610(a)(2) and 

report any discrepancies. 

(iii)(A) Select a representative sample 

of gasoline batches from the sampling 

and testing results. 

(B) Obtain the laboratory analysis for 

each selected batch. 

(C) Determine whether the importer 

analyzed the test sample for each 


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selected batch, and report as a finding 

any batch where the importer failed to 

perform the analysis using the methods 

specified in subpart N of this part. 

(D) Obtain and review any terminal 

test results corresponding to the time of 

collecting the quality assurance test 

samples. 

(E) Compare the terminal test results 

to the test results from the quality 

assurance program. Report as a finding 

any test result with a difference that is 

greater than the reproducibility of the 

applicable method specified in subpart 

N of this part. 

■ 121. Revise the section heading and 

revise and republish § 1090.1820 to read 

as follows: 

§ 1090.1820 Additional procedures for 

GTAB. 

In addition to any other procedure 

required under this subpart, an auditor 

must perform the procedures specified 

in this section for a gasoline 

manufacturer that imports GTAB under 

§ 1090.1615. 

(a) Listing of GTAB imports. An 

auditor must review a listing of GTAB 

imports as follows: 

(1) Obtain a detailed listing of GTAB 

imports from the importer. 

(2) Foot the import volumes from the 

importer. 

(3) Obtain a detailed listing of GTAB 

imports directly from the third-party 

customs broker. 

(4) Foot the import volumes from the 

third-party customs broker. 

(5) Compare the total volume from the 

listing of imports supplied by the 

importer to the listing of imports 

supplied by the third-party customs 

broker and report any variances. 

(6) Report the total imported volume 

of GTAB and the corresponding 

facilities at which the GTAB was 

blended. 

(b) Listing of GTAB batches. An 

auditor must review a listing of GTAB 

batches as follows: 

(1) Obtain the GTAB batch reports 

submitted by the importer under 

subpart J of this part. 

(2) Foot the batch volumes. 

(3) Compare the total volume from the 

batch reports to the listing of imports 

supplied by the importer under 

paragraph (a) of this section and report 

any variances. 

(c) Detailed testing of GTAB imports. 

An auditor must review a detailed 

listing of GTAB imports as follows: 

(1) Select a representative sample of 

GTAB imports from the listing of 

imports supplied by the importer under 

paragraph (a) of this section. 

(2) Obtain the associated U.S. 

Customs Entry Summary for each 

selected import. 

(3) Using a unique identifier, confirm 

that the correct U.S. Customs Entry 

Summaries are obtained for the selected 

imports. 

(4) Compare the volume and location 

the import arrived in the United States 

on the listing for each selected import 

to the associated U.S. Customs Entry 

Summary and report any exceptions. 

(d) Detailed testing of GTAB batches. 

An auditor must review a detailed 

listing of GTAB batches as follows: 

(1) Select a representative sample of 

GTAB batches from the batch reports 

obtained under paragraph (b) of this 

section. 

(2) Obtain the volume inspection 

report for each selected batch. 

(3) Compare the reported volume for 

each selected batch to the volume 

inspection report and report any 

exceptions. 

(e) GTAB tracing. An auditor must 

trace and review the movement of 

GTAB from importation to gasoline 

production as follows: 

(1) Compare the total volume from the 

batch reports obtained under paragraph 

(b) of this section to the inventory 

reconciliation analysis obtained under 

§ 1090.1810(b). 

(2)(i) Obtain tank activity records that 

describe the movement of each selected 

batch under paragraph (d) of this section 

from importation to gasoline 

production. 

(ii) Identify each selected batch in the 

tank activity records and trace each 

selected batch to subsequent reported 

batches of BOB or finished gasoline and 

report any exceptions. 

(iii) Match the location of the facility 

where gasoline was produced from each 

selected batch to the location where 

each selected batch arrived in the 

United States, or to the facility directly 

receiving the selected batch from the 

import facility. 

(iv) Determine the status of the tank(s) 

before receiving each selected batch 

(e.g., empty tank, tank containing 

blendstock, tank containing GTAB, tank 

containing PCG). 

(v) If the tank(s) contained PCG before 

receiving the selected batch, take the 

following additional steps: 

(A) Obtain and review a copy of the 

documented tank mixing procedures. 

(B) Determine the volume and 

properties of the tank bottom that was 

PCG before adding GTAB. 

(C) Confirm that the gasoline 

manufacturer determined the volume 

and properties of the BOB or finished 

gasoline produced using GTAB by 

excluding the volume and properties of 

any PCG, and that the gasoline 

manufacturer separately reported the 

PCG volume and properties under 

subpart J of this part and report any 

discrepancies. 

■ 122. Revise and republish § 1090.1825 

to read as follows: 

§ 1090.1825 Additional procedures for 

PCG used to produce gasoline. 

In addition to any other procedure 

required under this subpart, an auditor 

must perform the procedures specified 

in this section for a gasoline 

manufacturer that produces gasoline 

from PCG under § 1090.1320. 

(a) Listing of PCG batches. An auditor 

must review a listing of PCG batches as 

follows: 

(1) Obtain the PCG batch reports 

submitted by the gasoline manufacturer 

under subpart J of this part. 

(2) Foot the batch volumes. 

(3) Compare the total volume from the 

batch reports to the inventory 

reconciliation analysis obtained under 

§ 1090.1810(b) and report any variances. 

(b) Detailed testing of PCG batches. 

An auditor must review a detailed 

listing of PCG batches as follows: 

(1) Select a representative sample of 

PCG batches from the batch reports 

obtained under paragraph (a) of this 

section. 

(2) Obtain the volume documentation, 

laboratory analysis, associated PTD, and 

tank activity records for each selected 

batch. 

(3) Identify each selected batch in the 

tank activity records and trace each 

selected batch to subsequent reported 

batches of BOB or finished gasoline and 

report any exceptions. 

(4) For each selected batch, report as 

a finding any instance where the 

reported volume was adjusted from the 

original receipt volume, such as for 

exported PCG. 

(5) Compare the reported volume for 

each selected batch to the volume 

documentation and report any 

exceptions. 

(6) Compare the reported gasoline 

type for each selected batch to the 

associated PTD and report any 

exceptions. 

(7) Compare the reported properties 

for each selected batch to the laboratory 

analysis and report any exceptions. 

(8) Compare the reported test methods 

used for each selected batch to the 

laboratory analysis and report any 

exceptions. 

■ 123. Revise and republish § 1090.1830 

to read as follows: 

§ 1090.1830 Alternative procedures for 

certified butane blenders. 

An auditor must perform the 

procedures specified in this section 

instead of or in addition to the 

applicable procedures in § 1090.1810 for 


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a certified butane blender that blends 

certified butane into PCG under 

§ 1090.1320(b). 

(a) Registration and reports. An 

auditor must review registration and 

reports as follows: 

(1) Obtain copies of the certified 

butane blender’s registration 

information submitted under subpart I 

of this part and all reports submitted by 

the certified butane blender under 

subpart J of this part, including the 

batch reports for the certified butane 

received and blended. 

(2) For each butane blending facility, 

confirm that the facility’s registration is 

accurate based on the activities reported 

during the compliance period, including 

that the registration for the facility and 

any related updates were completed 

prior to conducting regulated activities 

at the facility and report any 

discrepancies. 

(3) Confirm that the certified butane 

blender submitted all reports required 

under subpart J of this part for activities 

they performed during the compliance 

period and report any exceptions. 

(4) Obtain a written statement from 

the certified butane blender’s RCO that 

the submitted reports are complete and 

accurate. 

(5) Report the name of any 

commercial computer program used to 

track any data required under this part. 

(b) Inventory reconciliation analysis. 

An auditor must review an inventory 

reconciliation analysis as follows: 

(1) Obtain an inventory reconciliation 

analysis from the certified butane 

blender for each butane blending facility 

related to all certified butane 

movements, including the inventory at 

the beginning and end of the 

compliance period, receipts, blending/ 

production volumes, shipments, 

transfers, and gain/loss. 

(2) Foot and cross-foot the volumes. 

(3) Compare the beginning and ending 

inventory to the certified butane 

blender’s inventory records and report 

any variances. 

(4) Compare the total volume of 

certified butane received from the 

inventory reconciliation analysis to the 

batch reports obtained under paragraph 

(a) of this section and report any 

variances. 

(5) Compare the total volume of 

certified butane blended from the 

inventory reconciliation analysis to the 

batch reports obtained under paragraph 

(a) of this section and report any 

variances. 

(6) Report the total volume of certified 

butane received and blended. 

(c) Listing of certified butane receipts. 

An auditor must review a listing of 

certified butane receipts as follows: 

(1) Obtain a detailed listing of 

certified butane receipts for certified 

butane received at each butane blending 

facility from the certified butane 

blender. 

(2) Foot the receipt volumes. 

(3) Compare the total volume from the 

receipts to the batch reports obtained 

under paragraph (a) of this section and 

report any variances. 

(d) Detailed testing of certified butane 

batches. An auditor must review a 

detailed listing of certified butane 

batches as follows: 

(1) Select a representative sample of 

certified butane batches from the batch 

reports obtained under paragraph (a) of 

this section. 

(2) Obtain the volume documentation 

and laboratory analysis for each selected 

batch. 

(3) Compare the reported volume for 

each selected batch to the volume 

documentation and report any 

exceptions. 

(4) Compare the reported properties 

for each selected batch to the laboratory 

analysis and report any exceptions. 

(5) Compare the reported test methods 

used for each selected batch to the 

laboratory analysis and report any 

exceptions. 

(6) Report as a finding any batch with 

a reported value that does not meet a 

standard for certified butane in subpart 

C of this part. 

(e) Quality assurance program review. 

An auditor must review a certified 

butane blender’s quality assurance 

program as follows: 

(1) Obtain a detailed listing of the 

certified butane blender’s quality 

assurance program sampling and testing 

results. 

(2) Determine whether the frequency 

of sampling and testing meets the 

requirements in § 1090.1320(b)(4) and 

report any discrepancies. 

■ 124. Amend § 1090.1835 by revising 

paragraph (a) to read as follows: 

§ 1090.1835 Alternative procedures for 

certified pentane blenders. 

(a) An auditor must perform the 

procedures specified in this section 

instead of or in addition to the 

applicable procedures in § 1090.1810 for 

a certified pentane blender that blends 

certified pentane into PCG under 

§ 1090.1320(b). 

* * * * * 

■ 125. Revise and republish § 1090.1840 

to read as follows: 

§ 1090.1840 Additional procedures related 

to compliance with gasoline average 

standards. 

In addition to any other procedure 

required under this subpart, an auditor 

must perform the procedures specified 

in this section for a gasoline 

manufacturer that complies with the 

standards in subpart C of this part using 

the procedures specified in subpart H of 

this part. 

(a) Annual compliance demonstration 

review. An auditor must review annual 

compliance demonstrations as follows: 

(1) Obtain the annual compliance 

reports for sulfur and benzene and 

associated batch reports submitted by 

the gasoline manufacturer under subpart 

J of this part. 

(2)(i) For a gasoline refiner or gasoline 

blending manufacturer, compare the 

total volume of gasoline produced at 

each facility from the annual 

compliance report to the inventory 

reconciliation analysis obtained under 

§ 1090.1810(b) and report any variances. 

(ii) For a gasoline importer, compare 

the total volume of gasoline imported 

from the annual compliance report to 

the listing of imports supplied by the 

importer under § 1090.1815(b) and 

report any variances. 

(3) For each facility, recalculate and 

report the following values: 

(i) Compliance sulfur value, per 

§ 1090.700(a)(1), and compliance 

benzene value, per § 1090.700(b)(1)(i). 

(ii) Unadjusted average sulfur 

concentration, per § 1090.745(b), and 

average benzene concentration, per 

§ 1090.700(b)(3). 

(iii) Number of credits generated 

during the compliance period, or 

number of banked or traded credits 

needed to meet standards for the 

compliance period. 

(iv) Number of credits from the 

preceding compliance period that are 

expired or otherwise no longer available 

for the compliance period being 

reviewed. 

(v) Net average sulfur concentration, 

per § 1090.745(c), and net average 

benzene concentration, per 

§ 1090.745(d). 

(4) Compare the recalculated values 

under paragraph (a)(3) of this section to 

the reported values in the annual 

compliance reports and report any 

exceptions. 

(5) Report whether the gasoline 

manufacturer had a deficit for both the 

compliance period being reviewed and 

the preceding compliance period. 

(b) Credit transaction review. An 

auditor must review credit transactions 

as follows: 

(1) Obtain the credit transaction 

reports submitted by the gasoline 

manufacturer under subpart J of this 

part and contracts or other information 

that documents all credit transfers. Also 

obtain records that support 

intracompany transfers. 


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(2) For each reported transaction, 

compare the supporting documentation 

with the credit transaction reports for 

the following elements and report any 

exceptions: 

(i) Compliance period of creation. 

(ii) Credit type (i.e., sulfur or benzene) 

and number of times traded. 

(iii) Quantity. 

(iv) The name of the other company 

participating in the credit transfer. 

(v) Transaction type. 

(c) Facility-level credit reconciliation. 

Except as specified in paragraph (c)(4) 

of this section, an auditor must perform 

a facility-level credit reconciliation 

separately for each gasoline 

manufacturing facility as follows: 

(1) Obtain the credits remaining or the 

credit deficit from the previous 

compliance period from the credit 

transaction reports obtained under 

paragraph (b) of this section. 

(2) Calculate and report as a finding 

the net credits remaining at the end of 

the compliance period. 

(3) Compare the ending balance of 

credits or credit deficit recalculated 

under paragraph (c)(2) of this section to 

the corresponding value from the 

annual compliance report obtained 

under paragraph (a) of this section and 

report any variances. 

(4) For an importer, the procedures of 

this paragraph (c) apply at the company 

level. 

(d) Company-level credit 

reconciliation. An auditor must perform 

a company-level credit reconciliation as 

follows: 

(1) Obtain a credit reconciliation 

listing company-wide credits aggregated 

by facility for the compliance period. 

(2) Foot and cross-foot the credit 

quantities. 

(3) Compare and report the beginning 

balance of credits, the ending balance of 

credits, the associated credit activity at 

the company level in accordance with 

the credit reconciliation listing, and the 

corresponding credit balances and 

activity submitted by the gasoline 

manufacturer under subpart J of this 

part. 

(e) Procedures for gasoline 

manufacturers that recertify BOB. An 

auditor must perform the following 

procedures for a gasoline manufacturer 

that recertifies BOB under § 1090.740 

and incurs a deficit: 

(1) Perform the procedures specified 

in § 1090.1810(a) to review the gasoline 

manufacturer’s registration and reports. 

(2)(i) Obtain the recertified BOB batch 

reports submitted by the gasoline 

manufacturer under subpart J of this 

part. 

(ii) Select a representative sample of 

recertified BOB batches from the batch 

reports. 

(iii) Obtain supporting documentation 

(e.g., PTDs, bills of lading, etc.) for each 

selected batch. 

(iv) Compare the information on the 

batch reports to the supporting 

documentation and report any 

exceptions. 

(v) Recalculate the deficits in 

accordance with the provisions of 

§ 1090.740 and report any 

discrepancies. 

(vi) Confirm that the deficits are 

included in the annual compliance 

report and report any exceptions. 

■ 126. Revise and republish § 1090.1845 

to read as follows: 

§ 1090.1845 Procedures related to meeting 

performance-based measurement and 

statistical quality control for test methods. 

(a) General provisions. (1) In addition 

to any other procedure required under 

this subpart, an auditor must perform 

the procedures specified in this section 

for a gasoline manufacturer. 

(2) The auditor performing the 

procedures in this section must meet the 

laboratory experience requirements 

specified in § 1090.55(b)(2). 

(3) In cases where the auditor 

employs, contracts, or subcontracts an 

external specialist, all the requirements 

in § 1090.55 apply to the external 

specialist. The auditor is responsible for 

overseeing the work of the specialist, 

consistent with applicable professional 

standards specified in § 1090.1800. 

(4) In the case of quality control 

testing at a third-party laboratory, the 

auditor may perform a single attestation 

engagement on the third-party 

laboratory for multiple gasoline 

manufacturers if the auditor directly 

reviewed the information from the 

third-party laboratory. The third-party 

laboratory may also arrange for the 

auditor to perform a single attestation 

engagement on the third-party 

laboratory and make that available to 

gasoline manufacturers that have testing 

performed by the third-party laboratory. 

(b) Non-referee method qualification 

review. For each test method used to 

measure a gasoline parameter as 

specified in a report submitted under 

subpart J of this part that is not one of 

the referee procedures listed in 

§ 1090.1360(d), the auditor must review 

the following: 

(1) Obtain supporting documentation 

showing that the laboratory has 

qualified the alternative test method by 

meeting the precision and accuracy 

criteria specified under § 1090.1365. 

(2) Report a list of the alternative test 

methods used. 

(3) Confirm that the gasoline 

manufacturer supplied the supporting 

documentation for each alternative test 

method and report any exceptions. 

(4) If the auditor has previously 

reviewed supporting documentation 

under this paragraph (b) for an 

alternative test method at the laboratory, 

the auditor does not have to review the 

supporting documentation again. 

(c) Reference installation review. For 

each reference installation used by the 

gasoline manufacturer during the 

compliance period, the auditor must 

review the following: 

(1) Obtain supporting documentation 

demonstrating that the reference 

installation followed the qualification 

procedures specified in 

§ 1090.1370(c)(1) and (2) and the quality 

control procedures specified in 

§ 1090.1370(c)(3). 

(2) Confirm that the laboratory 

completed the qualification procedures 

and report any exceptions. 

(d) Instrument control review. For 

each test instrument used to measure 

gasoline parameters for batches selected 

as part of a representative sample under 

§ 1090.1810, the auditor must review 

whether test instruments were in 

control as follows: 

(1) Obtain a listing from the laboratory 

of the instruments and period when the 

instruments were used to measure 

gasoline parameters during the 

compliance period for batches selected 

as part of the representative sample 

under § 1090.1810. 

(2) Obtain statistical quality assurance 

data and control charts demonstrating 

ongoing quality testing to meet the 

accuracy and precision requirements 

specified in § 1090.1375 or 40 CFR 

80.47, as applicable. 

(3) Confirm that the laboratory 

performed statistical quality assurance 

monitoring of its instruments under 

§ 1090.1375 and report any exceptions. 

(4) Report as a finding any test result 

that was excluded for being out of 

control and the laboratory did not have 

an assignable cause with appropriate 

supporting justification. 

(5) Report as a finding the listing of 

instruments obtained under paragraph 

(d)(1) of this section and the compliance 

period when the instrument control 

review was completed. 

■ 127. Revise and republish § 1090.1850 

to read as follows: 

§ 1090.1850 Procedures related to in-line 

blending waivers. 

In addition to any other procedure 

required under this subpart, an auditor 

must perform the procedures specified 

in this section for a gasoline 

manufacturer that relies on an in-line 

blending waiver under § 1090.1315. 


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(a)(1) Obtain a copy of the gasoline 

manufacturer’s in-line blending waiver 

submission and EPA’s approval letter. 

(2) Confirm that the sampling 

procedures and composite calculations 

conform to the specifications in 

§ 1090.1315(a)(2). 

(3) Review the gasoline 

manufacturer’s procedure for defining a 

batch for compliance purposes. Review 

available test data demonstrating that 

the test results from in-line blending 

correctly characterize the fuel 

parameters for the designated batch. 

(4) Confirm that the gasoline 

manufacturer corrected their operations 

because of previous audits, if 

applicable. 

(5) Confirm that the equipment and 

procedures have not materially changed 

from the gasoline manufacturer’s in-line 

blending waiver. In cases of material 

change in equipment or procedure, 

confirm that the gasoline manufacturer 

updated their in-line blending waiver 

and report any exceptions. 

(6) Perform any additional procedures 

unique to the blending operation, as 

specified in the in-line blending waiver, 

and report any findings, variances, or 

exceptions, as applicable. 

(7) Confirm that the gasoline 

manufacturer has complied with all 

provisions related to their in-line 

blending waiver and report any 

exceptions. 

(b)(1) Obtain test data, including 

head, middle, and tail results, for each 

batch produced under the gasoline 

manufacturer’s in-line blending waiver. 

(2) Review the alternative sampling 

plan to meet requirements to test head, 

middle, and tail samples for small 

batches under § 1090.1315(a)(9). 

(3) Report as a finding any instance 

where only a single sample was taken 

for a small batch involving more than 8 

hours of blending or more than 1 

million gallons of fuel. 

(4) Report as a finding any instance 

where two samples were unevenly 

distributed for a small batch or where 

only two samples were taken for a small 

batch involving more than 16 hours of 

blending or up to 2 million gallons of 

fuel. 

(5) Determine and report the 

percentage of in-line blending batches 

where the gasoline manufacturer failed 

to perform the required head, middle, 

and tail samples due to unforeseen 

circumstances. Report as a finding if 

this percentage is greater than 10 

percent of in-line blending batches for 

the calendar year. 

(6) Determine and report each 

instance where a contingency plan for 

alternative sampling was utilized under 

§ 1090.1315(a)(12). 

[FR Doc. 2024–31218 Filed 1–14–25; 8:45 am] 

BILLING CODE 6560–50–P 


lotter on DSK11XQN23PROD with RULES4