`[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Rules and Regulations]
[Pages 4320-4373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-31218]



[[Page 4319]]

Vol. 90

Wednesday,

No. 9

January 15, 2025

Part VII





 Environmental Protection Agency





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40 CFR Part 1090





Fuels Regulatory Streamlining Sampling and Testing Updates; Final Rule

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

[[Page 4320]]


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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.

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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: [email protected].

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:
[GRAPHIC] [TIFF OMITTED] TR15JA25.002

    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 Non-Compliant 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

[[Page 4321]]

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.
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    \1\ 85 FR 78412.
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    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 Non-Compliant 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 per-gallon 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.
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    \2\ 40 CFR 1090.80.
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    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 per-gallon 
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.
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    \3\ 40 CFR 1090.1335(e)(2).
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    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

[[Page 4322]]

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 in-line blending waivers. Because these in-line blending 
flexibilities codify existing industry practices, we do not anticipate 
any change in burdens on industry.
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    \4\ 40 CFR 1090.1315.
    \5\ ASTM D4177-22e1, ``Standard Practice for Automatic Sampling 
of Petroleum and Petroleum Products,'' approved July 1, 2022.
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    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 in-line 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

[[Page 4323]]

only allowing fuel manufacturers to exercise this reduced-sampling 
option for no more than 10 percent of their in-line 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.
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    \6\ We 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).
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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 in-
line 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.
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    \8\ 40 CFR 1090.1310(b).
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    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\
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    \9\ We 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).
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    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

[[Page 4324]]

intended changes to the approved in-line 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 all-levels 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.
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    \10\ 40 CFR 1090.1335(b).
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    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.
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    \11\ 40 CFR 1090.1337.
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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.
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    \12\ 40 CFR 1090.1337(a).
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    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.
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    \13\ ASTM D4057-22, ``Standard Practice for Manual Sampling of 
Petroleum and Petroleum Products,'' approved May 1, 2022.
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    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

[[Page 4325]]

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.
---------------------------------------------------------------------------

    \14\ 40 CFR 1090.1337(f).
    \15\ ASTM D2622-16, ``Standard Test Method for Sulfur in 
Petroleum Products by Wavelength Dispersive X-ray Fluorescence 
Spectrometry,'' approved January 1, 2016.
---------------------------------------------------------------------------

    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[deg] API. EPA is 
allowing the temporary option to use test results above 66[deg] API for 
homogeneity testing with ASTM D4052. Calculations for samples that 
exceed 66[deg] API would be based on the same equation that applies for 
results that are 51-66[deg] 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[deg] 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[deg] 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.
---------------------------------------------------------------------------

    \16\ ASTM D4052-18a, ``Standard Test Method for Density, 
Relative Density, and API Gravity of Liquids by Digital Density 
Meter,'' approved December 15, 2018.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \17\ 40 CFR 1090.1345.
    \18\ ASTM D5191-22, ``Standard Test Method for Vapor Pressure of 
Petroleum Products and Liquid Fuels (Mini Method),'' approved July 
1, 2022.
---------------------------------------------------------------------------

    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

[[Page 4326]]

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.
---------------------------------------------------------------------------

    \19\ 40 CFR 1090.1320.
    \20\ Note that the finished gasoline created in a PCG compliance 
by subtraction situation must meet the homogeneity requirements.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \21\ 40 CFR 1090.1375.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \22\ ASTM D6299-23a, ``Standard Practice for Applying 
Statistical Quality Assurance and Control Charting Techniques to 
Evaluate Analytical Measurement System Performance,'' approved 
December 1, 2023.
---------------------------------------------------------------------------

     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\
---------------------------------------------------------------------------

    \23\ The three-sigma range, assuming a normal distribution, will 
contain 99.7 percent of the observations.
---------------------------------------------------------------------------

    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 method-defined 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.
---------------------------------------------------------------------------

    \24\ The Z-score is a standardized dimensionless measure of the 
difference between an individual result in a data set and the sample 
arithmetic mean.
---------------------------------------------------------------------------

    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

[[Page 4327]]

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.
---------------------------------------------------------------------------

    \25\ 40 CFR 1090.1710(g).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \26\ 40 CFR 1090.95(c)(30) and 1090.1375.
---------------------------------------------------------------------------

    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-of-statistical-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

[[Page 4328]]

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.
---------------------------------------------------------------------------

    \27\ Under 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 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).
---------------------------------------------------------------------------

    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 per-gallon 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 Sec.  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.
---------------------------------------------------------------------------

    \29\ 40 CFR 1090.80.
---------------------------------------------------------------------------

    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

[[Page 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 per-gallon 
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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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\
---------------------------------------------------------------------------

    \31\ 71 FR 78192.
---------------------------------------------------------------------------

    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

[[Page 4336]]

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.
---------------------------------------------------------------------------

    \32\ CAA section 211(c)(4)(C)(v)(III).
    \33\ 85 FR 78412, 78427.
    \34\ EPA 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.
    \35\ EPA's State Fuels website is available at https://www.epa.gov/gasoline-standards/state-fuels.
[GRAPHIC] [TIFF OMITTED] TR15JA25.009

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/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

[[Page 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.aicpa-cima.org. 
We are incorporating by reference the following standards from AICPA:
BILLING CODE 6560-50-P
[GRAPHIC] [TIFF OMITTED] TR15JA25.010

    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:

[[Page 4338]]

[GRAPHIC] [TIFF OMITTED] TR15JA25.011


[[Page 4339]]


[GRAPHIC] [TIFF OMITTED] TR15JA25.012

BILLING CODE 6560-50-C

[[Page 4340]]

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-fuel-standards/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.
---------------------------------------------------------------------------

    \36\ OFR'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/federal-register/write/handbook. Additional information on OFR's mandatory use of 
``revise and republish'' is available at https://www.archives.gov/federal-register/write/ddh/revise-republish.
---------------------------------------------------------------------------

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

0
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

0
2. Amend Sec.  1090.1 by revising and republishing paragraph (a) to 
read as follows:


Sec.  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.
* * * * *

0
3. Amend Sec.  1090.5 by:
0
a. Revising paragraphs (b)(3) and (c)(4); and
0
b. Adding paragraph (d).
    The revisions and addition read as follows:


Sec.  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 Sec.  
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 Sec.  1090.1315 as of July 1, 2025, must have an approved 
in-line blending waiver that complies with all the provisions of Sec.  
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 Sec.  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 Sec.  1090.1315(a)(7) through (13).

[[Page 4341]]

    (2) Gasoline manufacturers must comply with the batch reporting 
requirements in Sec.  1090.905(c)(1)(viii)(A)(2), (c)(2)(viii)(A)(2), 
and (c)(8)(vii)(A)(2) beginning with the 2026 compliance period.

0
4. Amend Sec.  1090.15 by revising paragraph (e) to read as follows:


Sec.  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).

0
5. Amend Sec.  1090.20 by:
0
a. Revising paragraph (f); and
0
b. Adding paragraph (g).
    The revision and addition read as follows:


Sec.  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.

0
6. Amend Sec.  1090.50 by revising paragraph (a) to read as follows:


Sec.  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).
* * * * *

0
7. Amend Sec.  1090.55 by revising and republishing paragraph (b) to 
read as follows:


Sec.  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 Sec.  1090.1365. The 
independent third party must demonstrate work experience and a good 
working knowledge of the VCSB methods specified in Sec. Sec.  
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 Sec.  1090.1315 and be 
proficient with the sampling procedures specified in Sec.  
1090.1335(c).
* * * * *

0
8. Amend Sec.  1090.80 by:
0
a. Revising the definitions ``Auditor'', ``Automated detergent blending 
facility'', and ``Batch'';
0
b. Removing the definition ``California diesel'';
0
c. Adding the definition ``California diesel fuel'' in alphabetical 
order;
0
d. Revising the definitions ``Certified ethanol denaturant producer'', 
``Detergent additive package'', ``Detergent blender'', and ``Diesel 
fuel manufacturer'';
0
e. Adding the definition ``Distillate global marine fuel'' in 
alphabetical order;
0
f. Revising the definitions ``Downstream location'', ``E0'', and 
``E85'';
0
g. Adding the definition ``ECA associated area'' in alphabetical order;
0
h. Revising the definition ``ECA marine fuel'';
0
i. Adding the definition ``Emission control area (ECA)'' in 
alphabetical order;
0
j. Revising the definitions ``Fuel additive'' and ``Fuel additive 
manufacturer'';
0
k. Adding the definition ``Fuel additive manufacturing facility'' in 
alphabetical order;
0
l. Revising the definitions ``Fuel manufacturing facility'', ``Gasoline 
before oxygenate blending (BOB)'', ``Gasoline manufacturer'', ``Global 
marine fuel'', ``Marine engine'', ``Non-automated detergent blending 
facility'', and ``Reformulated gasoline (RFG)'';
0
m. Adding the definition ``Regulated blendstock import facility'' in 
alphabetical order;
0
n. Revising the definition ``Regulated blendstock producer'';
0
o. Adding the definition ``Regulated blendstock production facility'' 
in alphabetical order;
0
p. Revising the definitions ``Sampling strata'' and ``Transmix 
processor'';
0
q. Removing the definition ``Volume Additive Reconciliation (VAR) 
Period'';
0
r. Adding the definition ``Volume additive reconciliation (VAR) 
period'' in alphabetical order; and
0
s. Revising the definition ``Wholesale purchaser-consumer (WPC)''.
    The revisions and additions read as follows:


Sec.  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 Sec.  
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

[[Page 4342]]

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 Sec.  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 
Sec.  1090.1000(b) and that meets the standards and requirements in 
Sec.  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.
* * * * *

0
9. Amend Sec.  1090.85 by adding paragraph (g) to read as follows:


Sec.  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'').

0
10. Amend Sec.  1090.90 by:
0
a. Revising the entry ``PLOQ''; and
0
b. Adding the entry ``VAR'' in alphabetical order.
    The revision and addition read as follows:


Sec.  1090.90  Acronyms and abbreviations.

[[Page 4343]]



------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
                              * * * * * * *
PLOQ...................................  pooled limit of quantitation.
 
                              * * * * * * *
VAR....................................  volume additive reconciliation.
 
                              * * * * * * *
------------------------------------------------------------------------


0
11. Amend Sec.  1090.95 by:
0
a. Revising paragraphs (a), (b), and (c)(1), (3), and (6) through (8);
0
b. Removing paragraph (c)(9) and redesignating paragraphs (c)(10) 
through (37) as paragraphs (c)(9) through (36);
0
c. Revising newly redesignated paragraphs (c)(9), (10), (12) through 
(14), (17), (19), (20), (23), (24), (29), (31), and (35);
0
d. Removing paragraph (c)(38) and redesignating paragraphs (c)(39) and 
(40) as paragraphs (c)(37) and (38); and
0
e. In paragraph (d)(1), remove the text ``May 17, 1999'' and add, in 
its place, the text ``May 17, 1999; IBR approved for Sec.  
1090.1395(b)''.
    The revisions read as follows:


Sec.  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 [email protected]. 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 Sec.  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 Sec.  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 
Sec.  1090.1800(b).
    (4) Statement on Quality Management Standards (SQMS) No. 2, 
Engagement Quality Reviews, Issued June 2022; IBR approved for Sec.  
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 
Sec.  1090.1800(b).
    (6) Statement on Standards for Attestation Engagements (SSAE) No. 
19, Agreed-Upon Procedures Engagement, Issued December 2019; IBR 
approved for Sec.  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 Sec.  1090.1350(b).
* * * * *
    (3) ASTM D975-24a, Standard Specification for Diesel Fuel, approved 
August 1, 2024 (``ASTM D975''); IBR approved for Sec.  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 Sec.  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 Sec.  1090.1350(b).
    (8) ASTM D2622-24, Standard Test Method for Sulfur in Petroleum 
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry, 
approved July 1, 2024 (``ASTM D2622''); IBR approved for Sec. Sec.  
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 Sec.  
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 Sec.  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 Sec.  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 Sec. Sec.  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 Sec. Sec.  1090.1315(a); 1090.1335(c).
* * * * *
    (17) ASTM D4814-24a, Standard Specification for Automotive Spark-
Ignition Engine Fuel, approved July 1, 2024 (``ASTM D4814''); IBR 
approved for Sec. Sec.  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 Sec.  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 Sec.  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 Sec.  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'');

[[Page 4344]]

IBR approved for Sec. Sec.  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 Sec. Sec.  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 Sec. Sec.  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 Sec.  1090.1350(b).
* * * * *

Subpart B--General Requirements and Provisions for Regulated 
Parties

0
12. Amend Sec.  1090.100 by revising the introductory text and 
paragraph (d) to read as follows:


Sec.  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 Sec. Sec.  1090.105 and 1090.155, an 
importer must also comply with subpart Q of this part.

0
13. Amend Sec.  1090.105 by revising paragraphs (a)(1), (a)(8), (b)(4), 
and (b)(8) to read as follows:


Sec.  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 Sec.  1090.650.


Sec.  1090.110  [Amended]

0
14. Amend Sec.  1090.110 by removing paragraph (c) and redesignating 
paragraph (d) as paragraph (c).

0
15. Amend Sec.  1090.130 by revising paragraphs (d), (f), and (g) to 
read as follows:


Sec.  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.

0
16. Amend Sec.  1090.140 by revising paragraphs (d), (f), and (g) to 
read as follows:


Sec.  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.

0
17. Amend Sec.  1090.145 by revising paragraph (g) to read as follows:


Sec.  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.

0
18. Amend Sec.  1090.155 by revising paragraphs (a)(1), (b)(1), and 
(b)(3) to read as follows:


Sec.  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.
* * * * *

0
19. Amend Sec.  1090.160 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  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 Sec.  
1090.515(g).
* * * * *

0
20. Amend Sec.  1090.165 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  1090.165  Retailers and WPCs.

* * * * *

[[Page 4345]]

    (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 Sec.  1090.105.

0
21. Amend Sec.  1090.175 by revising paragraphs (c) and (d) to read as 
follows:


Sec.  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 Sec.  1090.55 unless they are a 
certified internal auditor under Sec.  1090.1800(b)(1)(i).

0
22. Amend Sec.  1090.180 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  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

0
23. Amend Sec.  1090.200 by revising paragraph (c)(2)(i) to read as 
follows:


Sec.  1090.200  Overview and general requirements.

* * * * *
    (c) * * *
    (2) * * *
    (i) Importers that import gasoline by rail or truck using the 
provisions of Sec.  1090.1610 to meet the alternative per-gallon 
standards of Sec. Sec.  1090.205(d) and 1090.210(c).
* * * * *

0
24. Amend Sec.  1090.210 by revising paragraph (c)(1) to read as 
follows:


Sec.  1090.210  Benzene standards.

* * * * *
    (c) * * *
    (1) An importer that imports gasoline by rail or truck under Sec.  
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.
* * * * *

0
25. Revise and republish Sec.  1090.215 to read as follows:


Sec.  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 per-gallon 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.      Colorado.........  Adams Arapahoe,
 Collins-Loveland.                                  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.
------------------------------------------------------------------------
\1\ That 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.)
\2\ That 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

[[Page 4346]]

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.

0
26. Amend Sec.  1090.220 by revising paragraph (e) to read as follows:


Sec.  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 Sec.  1090.1320(b).

0
27. Revise and republish Sec.  1090.230 to read as follows:


Sec.  1090.230  Limitation on use of gasoline-ethanol 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 flex-fuel vehicle or flex-fuel engine.

0
28. Amend Sec.  1090.265 by revising paragraph (c) to read as follows:


Sec.  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.
* * * * *

0
29. Amend Sec.  1090.285 by revising the introductory text to read as 
follows:


Sec.  1090.285  RFG covered areas.

    The RFG covered areas are as follows:
* * * * *

0
30. Amend Sec.  1090.290 by revising paragraph (d)(4) to read as 
follows:


Sec.  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.
* * * * *

0
31. Amend Sec.  1090.295 by revising paragraph (d) to read as follows:


Sec.  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

0
32. Amend Sec.  1090.300 by revising paragraph (h) to read as follows:


Sec.  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).

0
33. Amend Sec.  1090.310 by revising paragraph (c) to read as follows:


Sec.  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.

0
34. Revise and republish Sec.  1090.315 to read as follows:

[[Page 4347]]

Sec.  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 Sec.  1090.305 unless it is also designated as 
ULSD under Sec.  1090.1015(a).

0
35. Amend Sec.  1090.325 by revising paragraph (c)(1) to read as 
follows:


Sec.  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 Sec.  
1090.305 or Sec.  1090.320.
* * * * *

Subpart F--Transmix and Pipeline Interface Provisions

0
36. Amend Sec.  1090.500 by revising paragraph (c)(3)(ii) to read as 
follows:


Sec.  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.
* * * * *

0
37. Amend Sec.  1090.510 by revising the section heading to read as 
follows:


Sec.  1090.510  Diesel fuel and distillate fuel produced from TDP.

* * * * *

0
38. Amend Sec.  1090.515 by revising paragraph (d) to read as follows:


Sec.  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.
* * * * *

0
39. Amend Sec.  1090.520 by revising paragraph (b) to read as follows:


Sec.  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

0
40. The heading of subpart G is revised to read as set forth above.

0
41. Revise and republish Sec.  1090.605 to read as follows:


Sec.  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.

0
42. Revise and republish Sec.  1090.610 to read as follows:


Sec.  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 Sec.  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

[[Page 4348]]

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 non-exempt 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.

0
43. Revise and republish Sec.  1090.615 to read as follows:


Sec.  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.

0
44. Revise and republish Sec.  1090.620 to read as follows:


Sec.  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

[[Page 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.

0
45. Amend Sec.  1090.625 by:
0
a. Revising paragraphs (b)(5) and (c)(1);
0
b. Revising and republishing paragraph (d)(2); and
0
c. Revising paragraph (e).
    The revisions and republication read as follows:


Sec.  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 Sec.  
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 Sec.  
1090.1015(b)(3)(iii).
    (3) Generates PTDs under subpart L of this part.
    (4) Keeps records under subpart M of this part.

0
46. Revise and republish Sec.  1090.630 to read as follows:


Sec.  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 Sec.  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.

0
47. Amend Sec.  1090.635 by revising the section heading to read as 
follows:


Sec.  1090.635  Exemptions for refinery extreme, unusual, and 
unforeseen hardship.

* * * * *

0
48. Revise and republish Sec.  1090.640 to read as follows:


Sec.  1090.640  Exemptions for E85.

    (a) Gasoline that is used to produce E85 is exempt from the 
gasoline deposit control requirements in Sec.  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.

0
49. Revise and republish Sec.  1090.645 to read as follows:


Sec.  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.

0
50. Revise and republish Sec.  1090.650 to read as follows:


Sec.  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).

[[Page 4350]]

    (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

0
51. Amend Sec.  1090.700 by:
0
a. Revising and republishing paragraphs (a) and (b); and
0
b. Revising paragraphs (e)(7) and (8).
    The revisions and republications read as follows:


Sec.  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 Sec.  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 
Sec.  1090.715(a)(1), in ppm-gallons.
DS_Oxy_Total,y = Total sulfur deficit from downstream BOB 
recertification during compliance period y, per Sec.  
1090.740(b)(1), in ppm-gallons.
CS = Sulfur credits used by the gasoline manufacturer, 
per Sec.  1090.720, in ppm-gallons.

    (ii) The total amount of sulfur produced is determined as follows:
    Equation 2 to paragraph (a)(1)(ii)
    [GRAPHIC] [TIFF OMITTED] TR15JA25.014
    
Where:

Stot,y = Total amount of sulfur produced during 
compliance period y, in ppm-gallons.
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 Sec.  1090.205(a) is achieved if the following 
equation is true:
    Equation 3 to paragraph (a)(2)(i)

CSVy<= Vtot [middot] 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 Sec.  
1090.205(a), in ppm.

    (ii) Compliance with the sulfur average standard in Sec.  
1090.205(a) is not achieved if a deficit is incurred two or more 
consecutive years. A gasoline manufacturer incurs a deficit under Sec.  
1090.715 if the following equation is true:
    Equation 4 to paragraph (a)(2)(ii)

CSVy > Vtot [middot] 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 Sec.  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 Sec.  1090.210(a) by using the 
equations in paragraphs (b)(1) and (2) of this section and with the 
maximum benzene average standard in Sec.  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 Sec.  1090.715(a)(2), in benzene gallons.
DBz_Oxy_Total,y = Total benzene deficit from downstream 
BOB recertification during compliance period y, per Sec.  
1090.740(b)(3), in benzene gallons.
CBz = Benzene credits used by the gasoline manufacturer, 
per Sec.  1090.720, in benzene gallons.

    (ii) The total amount of benzene produced is determined as follows:
    Equation 6 to paragraph (b)(1)(ii)
    [GRAPHIC] [TIFF OMITTED] TR15JA25.015
    
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 Sec.  1090.210(a) is achieved if the 
following equation is true:
    Equation 7 to paragraph (b)(2)(i)

    [GRAPHIC] [TIFF OMITTED] TR15JA25.016
    
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 Sec.  
1090.210(a), in volume percent.

    (ii) Compliance with the benzene average standard in Sec.  
1090.210(a) is not achieved if a deficit is incurred two or more 
consecutive years. A gasoline manufacturer incurs a deficit under Sec.  
1090.715 if the following equation is true:
    Equation 8 to paragraph (b)(2)(ii)


[[Page 4351]]


[GRAPHIC] [TIFF OMITTED] TR15JA25.017

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 Sec.  
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)
    [GRAPHIC] [TIFF OMITTED] TR15JA25.018
    
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 Sec.  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 Sec.  
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 Sec.  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 Sec.  1090.50.
* * * * *
    (e) * * *
    (7) Gasoline imported by rail or truck using the provisions of 
Sec.  1090.1610 to meet the alternative per-gallon standards of 
Sec. Sec.  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.).

0
52. Amend Sec.  1090.710 by revising the introductory text to read as 
follows:


Sec.  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.
* * * * *

0
53. Amend Sec.  1090.715 by revising and republishing paragraph (a) to 
read as follows:


Sec.  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 [middot] Sstd

Where:

DS,y = Sulfur deficit incurred for compliance period y, 
in ppm-gallons.
CSVy = Compliance sulfur value for compliance period y, 
per Sec.  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 Sec.  1090.205(a), in 
ppm.

    (2) The benzene deficit incurred is determined as follows:
    Equation 2 to paragraph (a)(2)
    [GRAPHIC] [TIFF OMITTED] TR15JA25.019
    
Where:

DBz,y = Benzene deficit incurred for compliance period y, 
in benzene gallons.
CBVy = Compliance benzene value for compliance period y, 
per Sec.  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 Sec.  
1090.210(a), in volume percent.
* * * * *

0
54. Amend Sec.  1090.720 by revising paragraphs (c)(5) and (d) to read 
as follows:


Sec.  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 
Sec.  1090.905 using forms and procedures specified by EPA.
* * * * *

0
55. Amend Sec.  1090.725 by revising paragraphs (a)(2)(vi), (c)(1), 
(d)(1), and (f) to read as follows:


Sec.  1090.725  Credit generation.

    (a) * * *
    (2) * * *
    (vi) Importation of gasoline by rail or truck using the alternative 
sampling and testing requirements in Sec.  1090.1610.
* * * * *
    (c) * * *
    (1) The number of sulfur credits generated is determined as 
follows:
    Equation 1 to paragraph (c)(1)

CS,y = Vtot [middot] 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 Sec.  1090.205(a), in 
ppm.
CSVy = Compliance sulfur value for compliance period y, 
per Sec.  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)
    [GRAPHIC] [TIFF OMITTED] TR15JA25.020
    
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 Sec.  
1090.210(a), in volume percent.
CBVy = Compliance benzene value for compliance period y, 
per Sec.  1090.700(b)(1)(i), in benzene gallons.
* * * * *

[[Page 4352]]

    (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 
Sec.  1090.905 using forms and procedures specified by EPA.

0
56. Amend Sec.  1090.730 by revising paragraphs (f) and (h) to read as 
follows:


Sec.  1090.730  Credit transfers.

* * * * *
    (f) No person may transfer credits if the transfer would cause them 
to incur a compliance deficit under Sec.  1090.715.
* * * * *
    (h) The transferor and the transferee must submit reports to EPA 
that include all information regarding the transaction as specified in 
Sec.  1090.905 using forms and procedures specified by EPA.

0
57. Amend Sec.  1090.735 by revising paragraph (a) to read as follows:


Sec.  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.
* * * * *

0
58. Amend Sec.  1090.740 by:
0
a. Revising paragraphs (a)(2) and (4); and
0
b. Revising and republishing paragraph (b).
    The revisions and republication read as follows:


Sec.  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 Sec.  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)
    [GRAPHIC] [TIFF OMITTED] TR15JA25.021
    
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)
    [GRAPHIC] [TIFF OMITTED] TR15JA25.022
    
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)
    [GRAPHIC] [TIFF OMITTED] TR15JA25.023
    
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)

[[Page 4353]]

[GRAPHIC] [TIFF OMITTED] TR15JA25.024

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 ppm-gallon or benzene gallon in accordance with Sec.  1090.50, 
as applicable.
* * * * *

0
59. Revise and republish Sec.  1090.745 to read as follows:


Sec.  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)
    [GRAPHIC] [TIFF OMITTED] TR15JA25.025
    
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)
    [GRAPHIC] [TIFF OMITTED] TR15JA25.026
    
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 Sec.  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)
    [GRAPHIC] [TIFF OMITTED] TR15JA25.027
    
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 Sec.  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

0
60. Amend Sec.  1090.800 by revising paragraph (d) to read as follows:


Sec.  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.
* * * * *

0
61. Amend Sec.  1090.805 by revising and republishing paragraph (b) to 
read as follows:


Sec.  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.

0
62. Amend Sec.  1090.815 by revising paragraph (a)(4) to read as 
follows:


Sec.  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.
* * * * *

0
63. Amend Sec.  1090.820 by revising paragraph (b)(3) to read as 
follows:


Sec.  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

0
64. Amend Sec.  1090.900 by revising paragraphs (c) and (d) to read as 
follows:


Sec.  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

[[Page 4354]]

quarterly reports must be submitted by the deadlines in table 1 to 
paragraph (a)(4) in Sec.  1090.925.
    (d) RCO submission. Reports must be signed and submitted by the RCO 
or their delegate.

0
65. Amend Sec.  1090.905 by:
0
a. Revising the section heading;
0
b. Revising paragraphs (a)(2)(iv)(E), (b)(2)(vi)(E), (c)(1)(viii), and 
(c)(2)(ii), (iii), and (viii);
0
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 Sec.  1090.710''.
0
d. Removing paragraph (c)(3)(i)(H);
0
e. Redesignating paragraphs (c)(3)(i)(I) and (J) as paragraphs 
(c)(3)(i)(H) and (I); and
0
f. Revising paragraphs (c)(4) introductory text, (c)(5)(i)(E), and 
(c)(8)(vii)(A).
    The revisions read as follows:


Sec.  1090.905  Reports by gasoline manufacturers.

    (a) * * *
    (2) * * *
    (iv) * * *
    (E) The total sulfur deficit from downstream BOB recertification, 
per Sec.  1090.740(b)(1).
* * * * *
    (b) * * *
    (2) * * *
    (vi) * * *
    (E) The total benzene deficit from downstream BOB recertification, 
per Sec.  1090.740(b)(3).
* * * * *
    (c) * * *
    (1) * * *
    (viii) For all batches of summer gasoline:
    (A)(1) The applicable RVP standard, as specified in Sec.  1090.215.
    (2) Whether the ethanol 1.0 psi waiver under Sec.  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 Sec.  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 Sec.  1090.215, 
for the neat CBOB or hand blend of RBOB and oxygenate prepared under 
Sec.  1090.1340.
    (2) Whether the ethanol 1.0 psi waiver under Sec.  1090.215(b) 
applies for the neat CBOB or hand blend of RBOB and oxygenate prepared 
under Sec.  1090.1340.
    (B) The tested RVP of the neat CBOB or hand blend of RBOB and 
oxygenate prepared under Sec.  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 Sec.  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 Sec.  1090.215.
    (2) Whether the ethanol 1.0 psi waiver under Sec.  1090.215(b) 
applies.
* * * * *

0
66. Amend Sec.  1090.910 by:
0
a. Revising the section heading; and
0
b. Revising the introductory text and paragraphs (a)(1)(ix) and (x).
    The revisions read as follows:


Sec.  1090.910  Reports by gasoline manufacturers that recertify BOB to 
gasoline.

    A gasoline manufacturer that recertifies BOB under Sec.  1090.740 
must report the information of this section, as applicable.
    (a) * * *
    (1) * * *
    (ix) The sulfur deficit for the batch calculated under Sec.  
1090.740(b)(2).
    (x) The benzene deficit for the batch calculated under Sec.  
1090.740(b)(4).
* * * * *

0
67. Amend Sec.  1090.915 by revising the section heading and paragraph 
(c)(5) to read as follows:


Sec.  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.
* * * * *

0
68. Amend Sec.  1090.925 by:
0
a. Revising paragraph (b)(3) introductory text; and
0
b. Revising and republishing paragraph (c)(3).
    The revisions read as follows:


Sec.  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.
* * * * *

0
69. Revise and republish Sec.  1090.930 to read as follows:


Sec.  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.

[[Page 4355]]

    (e) The auditor must submit written acknowledgement from the RCO 
that the gasoline manufacturer has reviewed the attestation engagement 
report.

0
70. Amend Sec.  1090.935 by revising paragraphs (a)(1) introductory 
text and (a)(1)(i) to read as follows:


Sec.  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

0
71. Amend Sec.  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:


Sec.  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 Sec.  
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.
* * * * *

0
72. Amend Sec.  1090.1005 by revising the section heading to read as 
follows:


Sec.  1090.1005  Designation of batches of fuel, fuel additive, and 
regulated blendstock.

* * * * *

0
73. Amend Sec.  1090.1010 by revising paragraph (c)(2) to read as 
follows:


Sec.  1090.1010  Designation requirements for gasoline and regulated 
blendstocks.

* * * * *
    (c) * * *
    (2) The name of the specific oxygenate (e.g., isobutanol).
* * * * *

0
74. Amend Sec.  1090.1015 by:
0
a. Revising the section heading; and
0
b. Revising the paragraph heading of paragraph (a), and paragraphs (b) 
introductory text, and (b)(3)(iii) through (v).
    The revisions read as follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  
1090.1115) to demonstrate compliance with the 500 ppm sulfur standard 
in Sec.  1090.320(b).
* * * * *

Subpart L--Product Transfer Documents

0
75. Amend Sec.  1090.1100 by revising paragraph (c) to read as follows:


Sec.  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.

0
76. Revise and republish Sec.  1090.1105 to read as follows:


Sec.  1090.1105  PTD requirements for exempt fuel, fuel additive, and 
regulated blendstock.

    (a) In addition to the information required under Sec.  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 
Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  1090.620: ``This fuel is for use only in Guam, 
American Samoa, or the Northern Mariana Islands.''

[[Page 4356]]

    (6) California gasoline language. For California gasoline specified 
in Sec.  1090.625: ``California gasoline''.
    (7) California diesel fuel language. For California diesel fuel 
specified in Sec.  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 Sec.  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 Sec.  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''.

0
77. Amend Sec.  1090.1110 by revising paragraphs (b)(2)(i) introductory 
text, (c)(1)(i) introductory text, and (e) to read as follows:


Sec.  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 Sec.  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 Sec.  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 Sec.  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]
* * * * *

0
78. Amend Sec.  1090.1115 by revising the section heading and paragraph 
(a) to read as follows:


Sec.  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 Sec.  
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 Sec.  1090.305(b) for ULSD, the following statement: 
``Not for use in highway vehicles or engines or nonroad, locomotive, or 
marine engines.''
* * * * *

0
79. Amend Sec.  1090.1120 by revising paragraph (b)(3)(iii) to read as 
follows:


Sec.  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

0
80. Amend Sec.  1090.1205 by revising paragraphs (c) introductory text 
and (c)(1) through (4) to read as follows:


Sec.  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.
* * * * *

0
81. Amend Sec.  1090.1210 by revising paragraphs (d)(1) and (d)(2)(i) 
to read as follows:


Sec.  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.
* * * * *

0
82. Amend Sec.  1090.1215 by revising paragraphs (a), (b) introductory 
text, and (c) introductory text to read as follows:


Sec.  1090.1215  Recordkeeping requirements for diesel fuel, ECA marine 
fuel, and distillate global marine fuel manufacturers.

    (a) Overview. In addition to the requirements in Sec.  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:
* * * * *

[[Page 4357]]

    (c) Distillate global marine fuel records. For distillate global 
marine fuel, a distillate global marine fuel manufacturer must keep 
records of the following information:
* * * * *

0
83. Amend Sec.  1090.1230 by revising paragraph (b)(8) to read as 
follows:


Sec.  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.
* * * * *

0
84. Amend Sec.  1090.1240 by revising paragraphs (b)(2)(i), 
(b)(2)(ii)(B), and (b)(2)(vi) to read as follows:


Sec.  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.
* * * * *

0
85. Amend Sec.  1090.1245 by revising paragraph (b)(2) to read as 
follows:


Sec.  1090.1245  Recordkeeping requirements for independent surveyors.

* * * * *
    (b) * * *
    (2) Records related to a geographically focused E15 survey program 
under Sec.  1090.1420(b).
* * * * *

0
86. Amend Sec.  1090.1250 by revising paragraph (b)(2) to read as 
follows:


Sec.  1090.1250  Recordkeeping requirements for auditors.

* * * * *
    (b) * * *
    (2) Copies of each attestation engagement report prepared and all 
related records developed to prepare each report.

0
87. Amend Sec.  1090.1255 by:
0
a. Revising the section heading; and
0
b. Revising paragraphs (a), (c)(4), and (d).
    The revisions read as follows:


Sec.  1090.1255  Recordkeeping requirements for transmix, 500 ppm LM 
diesel fuel, and pipeline interface.

    (a) Overview. In addition to the requirements in Sec.  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 Sec.  1090.520.

Subpart N--Sampling, Testing, and Retention

0
88. Amend Sec.  1090.1300 by revising paragraphs (b) and (d) to read as 
follows:


Sec.  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 
Sec.  1090.1375 as specified in ASTM D6299 (incorporated by reference, 
see Sec.  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 Sec.  1090.1375(a)(4).
    (2) [Reserved]
* * * * *

0
89. Amend Sec.  1090.1310 by:
0
a. Revising paragraph (b) introductory text; and
0
b. Adding paragraph (f).
    The revision and addition read as follows:


Sec.  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

[[Page 4358]]

batch leaves the facility, except as specified in paragraph (f) of this 
section and Sec.  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 Sec.  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.

0
90. Amend Sec.  1090.1315 by:
0
a. Revising the introductory text and paragraph (a) introductory text;
0
b. Adding paragraphs (a)(7) through (14); and
0
c. Revising paragraph (c).
    The revisions and additions read as follows:


Sec.  1090.1315  In-line blending.

    A fuel manufacturer using in-line blending equipment may qualify 
for a waiver from the requirement in Sec.  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 Sec.  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 Sec.  
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 Sec.  
1090.1335(c)(4) to collect head-middle-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 in-line 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.
* * * * *

0
91. Amend Sec.  1090.1320 by:
0
a. Revising paragraph (a) introductory text;
0
b. Revising and republishing paragraph (a)(1)(i);
0
c. Revising paragraphs (b) introductory text and (b)(1);
0
d. Adding paragraphs (b)(5) and (6); and
0
e. Revising paragraph (c)(1).
    The revisions, republication, and additions read as follows:


Sec.  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 Sec.  
1090.1350. Demonstrate homogeneity for the consolidated batch as 
specified in Sec.  1090.1337 if blending involves multiple batches of 
PCG, or if

[[Page 4359]]

a single batch of PCG was certified without demonstrating homogeneity 
under Sec.  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 Sec.  1090.1310(e)(1). For PCG sampled from a pipeline 
as specified in Sec.  1090.1335(c), homogeneity provisions apply as 
specified in Sec.  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 Sec.  1090.710, also prepare a hand 
blend under Sec.  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 Sec.  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 Sec.  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 Sec.  1090.250 or Sec.  
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 Sec.  1090.250 or Sec.  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 Sec. Sec.  1090.205 and 
1090.210, respectively.
    (c) * * *
    (1) Calculate and incur sulfur and benzene deficits under the BOB 
recertification provisions of Sec.  1090.740.
* * * * *

0
92. Revise and republish Sec.  1090.1335 to read as follows:


Sec.  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 Sec.  
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 Sec.  1090.1337. Once a batch 
meets homogeneity specifications, you may use any properly drawn sample 
to represent the batch, subject to the hand-blending provisions of 
Sec.  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 Sec.  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 Sec.  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 Sec.  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,

[[Page 4360]]

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 per-gallon 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 
in-line blending waiver under Sec.  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 Sec.  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 per-gallon standards, report the 
highest measured value (or the lowest measured value for testing 
related to cetane index or other parameters that are subject to a 
standard representing a minimum value). This applies for repeat tests 
on a given sample and for testing multiple samples (including head, 
middle, and tail samples from automatic sampling).
    (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.

0
93. Revise and republish Sec.  1090.1337 to read as follows:


Sec.  1090.1337  Demonstrating homogeneity.

    (a) Certification test results corresponding to manual sampling as 
specified in Sec.  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 
Sec.  1090.1335(b)(2).
    (2) Upright cylindrical tanks that have a liquid depth of less than 
10 feet.
    (3) Horizontal tanks with circular or elliptical cross section with 
a volume less than 42,000 gallons used for storing ethanol denaturant. 
Draw samples from the approximate mid-depth of the product level.
    (4) You draw spot samples as specified in paragraph (c) of this 
section, test each sample for every parameter subject to a testing 
requirement, and use the worst-case test result for each parameter for 
purposes of reporting, meeting per-gallon and average standards, and 
all other aspects of compliance.
    (5) Your tank configuration depends on roof sampling for 
homogeneity demonstration, but inclement weather prevents collecting 
roof samples and EPA has already approved a plan for a mixing procedure 
to ensure a homogeneous batch for your specific tank configuration. EPA 
approval of the mixing procedure will include consideration of product 
type, fill level, and other relevant parameters for specific tank 
configurations and batch characteristics. Keep records to document EPA 
approval of the mixing procedure, your actions to follow the approved 
mixing procedure, and the forcing weather event.
    (6) Sampling occurs at a downstream location where it is not 
possible to collect separate samples and steps are taken to ensure that 
the batch is well mixed.
    (7) The product being tested is certified butane or certified 
pentane.
    (b) Any test to establish homogeneity is considered a certification 
test relative to a per-gallon standard for a given parameter if the 
test result is the worst-case value from all testing performed for the 
batch. Report the highest measured value as specified in Sec.  
1090.1335(e)(1).
    (c) Use spot sampling as specified in Sec.  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 Sec.  
1090.95).
    (2) Measure the sulfur content as specified in Sec.  1090.1360.
    (3) Measure the benzene content as specified Sec.  1090.1360.
    (4) Measure the RVP as specified in Sec.  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 Sec.  
1090.1360, except that no homogeneity testing is required for DFE if 
you calculate sulfur content as specified in Sec.  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 x 
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 Sec.  
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

[[Page 4361]]

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 Sec.  
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.

0
94. Amend Sec.  1090.1340 by revising paragraphs (a) introductory text, 
(a)(1), and (a)(2)(iii) to read as follows:


Sec.  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 Sec.  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.
* * * * *

0
95. Amend Sec.  1090.1345 by:
0
a. Revising paragraph (a)(5);
0
b. Adding paragraphs (a)(6) and (7); and
0
c. Redesignating paragraphs (c) through (e) as paragraphs (b) through 
(d).
    The revision and additions read as follows:


Sec.  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 Sec.  1090.1340, keep a sample 
of the BOB and a sample representative of the oxygenate used to prepare 
the hand blend.
* * * * *

0
96. Amend Sec.  1090.1350 by revising paragraphs (c)(4) and (5) to read 
as follows:


Sec.  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.
* * * * *

0
97. Amend Sec.  1090.1355 by revising paragraphs (a), (b)(1), and (2) 
to read as follows:


Sec.  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.
* * * * *

0
98. Amend Sec.  1090.1360 by revising paragraph (b)(1)(i) to read as 
follows:


Sec.  1090.1360  Performance-based Measurement System.

* * * * *
    (b) * * *
    (1) * * *
    (i) Sulfur.
* * * * *

0
99. Amend Sec.  1090.1365 by:
0
a. Revising the introductory text and paragraphs (a)(3) and (4);
0
b. Revising and republishing paragraphs (b) and (c)(3);
0
c. Revising paragraphs (f)(2) and (5).
    The revisions and republication read as follows:


Sec.  1090.1365  Qualifying criteria for alternative measurement 
procedures.

    This section specifies how to qualify alternative procedures for 
measuring absolute and method-defined fuel parameters under the 
Performance-based Measurement System specified in Sec.  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

[[Page 4362]]

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)
[GRAPHIC] [TIFF OMITTED] TR15JA25.028

Where:

[sigma]max = 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 x2 repeatability (r)
   Fuel, fuel additive, or                                                        or reproducibility                 Fixed values
     regulated blendstock       Fuel parameter         Range            x1             (R) \1\              x3       of [sigma]max       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 [middot] x         2.77  ..............  ASTM D6667-14.
Gasoline.....................  Sulfur..........  ................          1.5  r = 0.4998 [middot]           2.77  ..............  ASTM D7039-15a.
                                                                                 x\0.54\.
Gasoline.....................  Oxygenate.......  ................          0.3  R = 0.13 [middot]                1  ..............  ASTM D5599-18.
                                                                                 x\0.83\.
Gasoline.....................  RVP \3\.........  ................          0.3  R = 0.40.............            1           0.12   ASTM D5191-15
Gasoline.....................  Benzene.........  ................         0.15  R = 0.221 [middot]               1  ..............  ASTM D5769-20.
                                                                                 x\0.67\.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Calculate repeatability and reproducibility using the average value determined from testing. Use units as specified in Sec.   1090.1350(c).
\2\ Note that the listed procedure may be different than the referee procedure identified in Sec.   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)

[Delta]max = 0.75 [middot] [sigma]max

Where:

[Delta]max = Maximum allowable difference.
[sigma]max = 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
------------------------------------------------------------------------
                                                            Illustrated
                                          Sulfur content      maximum
                  Fuel                         (ppm)         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.
* * * * *

[[Page 4363]]

    (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.
* * * * *

0
100. Amend Sec.  1090.1370 by revising paragraph (b) to read as 
follows:


Sec.  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.
* * * * *

0
101. Amend Sec.  1090.1375 by:
0
a. Redesignating paragraph (a)(4) as (a)(5) and adding new paragraph 
(a)(4);
0
b. Revising paragraphs (c) introductory text, (c)(2), and (c)(4); and
0
c. Adding paragraphs (d) and (e).
    The additions and revisions read as follows:


Sec.  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)
    [GRAPHIC] [TIFF OMITTED] TR15JA25.029
    
Where:

[Delta]max = Maximum allowable difference.
L = Total number of test results used to determine the ARV of a 
consensus-named fuel. For testing locally named fuels for which no 
consensus-based ARV applies, use L equal to [infin].
R = Reproducibility of the referee procedure identified in Sec.  
1090.1360(d), as noted in table 1 to Sec.  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     ASTM D2622..................  R = 0.4273 [middot]
 fuel additive, gasoline, gasoline regulated                                          x\0.8015\
 blendstock, and gasoline additive.
Butane...............................................  ASTM D6667..................  R = 0.3130 [middot] x
----------------------------------------------------------------------------------------------------------------
\1\ ASTM specifications are incorporated by reference, see Sec.   1090.95.
\2\ Calculate reproducibility using the average value determined from testing. Use units as specified in Sec.
  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 Sec.  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

[[Page 4364]]

requirements starting at the point of learning of a failure under 
paragraph (d)(1) of this section.

0
102. Amend Sec.  1090.1390 by revising the section heading to read as 
follows:


Sec.  1090.1390  Requirement for automated detergent blending equipment 
calibration.

* * * * *

0
103. Amend Sec.  1090.1395 by revising paragraphs (a) introductory 
text, (a)(1)(i), and (b) introductory text to read as follows:


Sec.  1090.1395  Gasoline deposit control test procedures.

* * * * *
    (a) Top Tier-based test method. Use the procedures specified in 
ASTM D6201 (incorporated by reference, see Sec.  1090.95), as follows:
    (1) * * *
    (i) 8.0-10.0 volume percent ethanol that meets the requirements in 
Sec.  1090.270 and conforms to the specifications of ASTM D4806 
(incorporated by reference, see Sec.  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 Sec.  1090.95).
* * * * *

Subpart O--Survey Provisions

0
104. Amend Sec.  1090.1400 by revising paragraph (a)(2) to read as 
follows:


Sec.  1090.1400  General provisions.

    (a) * * *
    (2) The program plan must be signed by the RCO of the independent 
surveyor conducting the program.
* * * * *

0
105. Amend Sec.  1090.1405 by revising paragraphs (a)(1) and (b)(2) to 
read as follows:


Sec.  1090.1405  National fuels survey program.

    (a) * * *
    (1) A gasoline manufacturer that elects to account for oxygenate 
added downstream under Sec.  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 
Sec.  1090.1415.

0
106. Amend Sec.  1090.1410 by revising paragraphs (b)(1), (2), (c)(3), 
(5), (d), and (e) to read as follows:


Sec.  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 
Sec.  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 per-gallon standard in Sec.  
1090.205(c).
    (ii) A test result for a gasoline sample yields an RVP result that 
exceeds the applicable RVP standard in Sec.  1090.215.
    (iii) A test result for a diesel fuel sample yields a sulfur 
content result that exceeds the sulfur standard in Sec.  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.
* * * * *

0
107. Amend Sec.  1090.1415 by:
0
a. Revising and republishing paragraph (d); and
0
b. Revising paragraphs (e)(2) and (f) introductory text.
    The revisions and republication read as follows:


Sec.  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 Sec.  
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)
    [GRAPHIC] [TIFF OMITTED] TR15JA25.030
    

[[Page 4365]]


Where:

n = Minimum number of samples in a year-long survey series. However, 
n must be greater than or equal to 2,000 for the number of diesel 
fuel samples or 5,000 for the number of gasoline samples.
Z[alpha] = Upper percentile point from the normal distribution to 
achieve a one-tailed 95 percent confidence level (5 percent [alpha]-
level). For purposes of this survey program, Z[alpha] equals 1.645.
Z[beta] = Upper percentile point to achieve 95 percent power. For 
purposes of this survey program, Z[beta] equals 1.645.
[phi]1 = 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).
[phi]0 = Underlying proportion of noncompliant outlets in 
a sample. For the first survey program plan, [phi]0 will 
be 2.3 percent. For subsequent survey program plans, 
[phi]0 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 Sec.  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 Sec.  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:
* * * * *

0
108. Amend Sec.  1090.1420 by revising and republishing paragraph (a) 
to read as follows:


Sec.  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.
* * * * *

0
109. Amend Sec.  1090.1450 by:
0
a. Revising paragraph (c)(2)(v);
0
b. Revising and republishing paragraph (c)(3); and
0
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:


Sec.  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 Sec.  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 Sec.  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 [middot] Fa [middot] Fb [middot] 
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.


[[Page 4366]]


    (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 
Sec.  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

0
110. Amend Sec.  1090.1515 by revising the section heading to read as 
follows:


Sec.  1090.1515  Diesel fuel sulfur labeling provisions.

* * * * *

Subpart Q--Importer and Exporter Provisions

0
111. Amend Sec.  1090.1600 by revising paragraphs (b) and (d) to read 
as follows:


Sec.  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 Sec. Sec.  
1090.205(a) and 1090.210(a) as specified in Sec.  1090.705(b), unless 
the importer complies with the provisions of Sec.  1090.1610 to meet 
the alternative per-gallon standards for rail or truck imports 
specified in Sec. Sec.  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 Sec.  1090.1610.

0
112. Amend Sec.  1090.1605 by revising and republishing paragraph 
(b)(1) to read as follows:


Sec.  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 Sec.  
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 Sec.  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 Sec.  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 Sec.  1090.1337.
* * * * *

0
113. Revise and republish Sec.  1090.1610 to read as follows:


Sec.  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 Sec.  1090.1310 using the measurement procedures specified 
in Sec.  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 Sec.  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 Sec.  1090.700(d)(4)(i).
    (D) The sample retention requirements in Sec.  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

[[Page 4367]]

adequately addressed the cause of the failure.

0
114. Amend Sec.  1090.1615 by revising and republishing paragraph (d) 
to read as follows:


Sec.  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 Sec.  1090.105(a) (except for the sampling, testing, and sample 
retention requirements in Sec.  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

0
115. Amend Sec.  1090.1710 by revising paragraph (g) introductory text 
to read as follows:


Sec.  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 Sec.  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.
* * * * *

0
116. Amend Sec.  1090.1715 by:
0
a. Revising paragraph (c); and
0
b. Revising and republishing paragraph (e).
    The revisions and republication read as follows:


Sec.  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

0
117. Amend Sec.  1090.1800 by:
0
a. Adding paragraph (a)(3); and
0
b. Revising paragraphs (b)(1)(ii) and (d)(1).
    The addition and revisions read as follows:


Sec.  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 Sec.  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 Sec.  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.
* * * * *

0
118. Amend Sec.  1090.1805 by revising paragraph (a)(3) to read as 
follows:


Sec.  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.
* * * * *

0
119. Revise and republish Sec.  1090.1810 to read as follows:


Sec.  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).

[[Page 4368]]

    (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 Sec.  1090.1845 to determine whether the gasoline manufacturer 
complies with the applicable quality control requirements specified in 
Sec.  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 Sec.  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 Sec.  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 Sec.  1090.710.
    (j) Detailed testing of blendstock batches. In the case of adding 
blendstock to TGP or PCG under Sec.  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 Sec.  1090.710.

0
120. Revise and republish Sec.  1090.1815 to read as follows:

[[Page 4369]]

Sec.  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 Sec.  1090.1810(a).
    (b) Listing of gasoline imports. An auditor must review a listing 
of gasoline imports as follows:
    (1) Obtain a detailed listing of gasoline imports from the 
importer, by gasoline type.
    (2) Foot the import volumes from the importer by gasoline type.
    (3) Obtain a detailed listing of gasoline imports directly from the 
third-party customs broker, by gasoline type.
    (4) Foot the import volumes from the third-party customs broker by 
gasoline type.
    (5) Compare the total volume from the listing of imports supplied 
by the importer to the listing of imports supplied by the third-party 
customs broker for each gasoline type and report any variances.
    (6) Report the total imported volume of each gasoline type.
    (c) Listing of gasoline batches. An auditor must review a listing 
of gasoline batches as follows:
    (1) Obtain the gasoline batch reports submitted by the importer 
under subpart J of this part.
    (2) Foot the batch volumes by gasoline type.
    (3) Compare the total volume from the batch reports to the listing 
of imports supplied by the importer under paragraph (b) of this section 
for each gasoline type and report any variances.
    (4) Report as a finding any batch with a reported value that does 
not meet a per-gallon standard in subpart C of this part.
    (d) Test methods. An auditor must follow the procedures specified 
in Sec.  1090.1845 to determine whether the importer complies with the 
applicable quality control requirements specified in Sec.  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 Sec.  
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 Sec.  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 Sec.  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

[[Page 4370]]

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.

0
121. Revise the section heading and revise and republish Sec.  
1090.1820 to read as follows:


Sec.  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 Sec.  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 Sec.  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.

0
122. Revise and republish Sec.  1090.1825 to read as follows:


Sec.  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 Sec.  
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 Sec.  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.

0
123. Revise and republish Sec.  1090.1830 to read as follows:


Sec.  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 Sec.  
1090.1810 for

[[Page 4371]]

a certified butane blender that blends certified butane into PCG under 
Sec.  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 Sec.  1090.1320(b)(4) and report any discrepancies.

0
124. Amend Sec.  1090.1835 by revising paragraph (a) to read as 
follows:


Sec.  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 Sec.  
1090.1810 for a certified pentane blender that blends certified pentane 
into PCG under Sec.  1090.1320(b).
* * * * *

0
125. Revise and republish Sec.  1090.1840 to read as follows:


Sec.  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 Sec.  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 Sec.  1090.1815(b) and report any 
variances.
    (3) For each facility, recalculate and report the following values:
    (i) Compliance sulfur value, per Sec.  1090.700(a)(1), and 
compliance benzene value, per Sec.  1090.700(b)(1)(i).
    (ii) Unadjusted average sulfur concentration, per Sec.  
1090.745(b), and average benzene concentration, per Sec.  
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 Sec.  1090.745(c), and 
net average benzene concentration, per Sec.  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.

[[Page 4372]]

    (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 Sec.  1090.740 and incurs a 
deficit:
    (1) Perform the procedures specified in Sec.  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 
Sec.  1090.740 and report any discrepancies.
    (vi) Confirm that the deficits are included in the annual 
compliance report and report any exceptions.

0
126. Revise and republish Sec.  1090.1845 to read as follows:


Sec.  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 Sec.  
1090.55(b)(2).
    (3) In cases where the auditor employs, contracts, or subcontracts 
an external specialist, all the requirements in Sec.  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 Sec.  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 Sec.  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 Sec.  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 Sec.  1090.1370(c)(1) and (2) and the quality control procedures 
specified in Sec.  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 Sec.  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 Sec.  1090.1810.
    (2) Obtain statistical quality assurance data and control charts 
demonstrating ongoing quality testing to meet the accuracy and 
precision requirements specified in Sec.  1090.1375 or 40 CFR 80.47, as 
applicable.
    (3) Confirm that the laboratory performed statistical quality 
assurance monitoring of its instruments under Sec.  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.

0
127. Revise and republish Sec.  1090.1850 to read as follows:


Sec.  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 
Sec.  1090.1315.

[[Page 4373]]

    (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 Sec.  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 Sec.  
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 Sec.  1090.1315(a)(12).

[FR Doc. 2024-31218 Filed 1-14-25; 8:45 am]
BILLING CODE 6560-50-P`