identified by region, state, and territory as follows:

------------------------------------------------------------------------
                           Regional
         PADD             description           State or territory
------------------------------------------------------------------------
I....................  East Coast......  Connecticut, Delaware, District
                                          of Columbia, Florida, Georgia,
                                          Maine, Maryland,
                                          Massachusetts, New Hampshire,
                                          New Jersey, New York, North
                                          Carolina, Pennsylvania, Rhode
                                          Island, South Carolina,
                                          Vermont, Virginia, West
                                          Virginia.
II...................  Midwest.........  Illinois, Indiana, Iowa,
                                          Kansas, Kentucky, Michigan,
                                          Minnesota, Missouri.
III..................  Gulf Coast......  Alabama, Arkansas, Louisiana,
                                          Mississippi, New Mexico,
                                          Texas.
IV...................  Rocky Mountain..  Colorado, Idaho, Montana, Utah,
                                          Wyoming.
V....................  West Coast......  Alaska, Arizona, California,
                                          Hawaii, Nevada, Oregon,
                                          Washington.
VI...................  Antilles........  Puerto Rico, U.S. Virgin
                                          Islands.
VII..................  Pacific           American Samoa, Guam, Northern
                        Territories.      Mariana Islands.
------------------------------------------------------------------------

    Pentane means an organic compound with the formula
C5H12.
    Pentane blending facility means a fuel manufacturing facility where
pentane is blended into PCG.
    Per-gallon standard means the maximum or minimum value for any
parameter that applies to every volume unit of a specified fuel, fuel
additive, or regulated blendstock.
    Person has the meaning given in 42 U.S.C. 7602(e).
    Pipeline interface means the mixture between different fuels and
products that abut each other during shipment by the refined petroleum
products pipeline system.
    Pipeline operator means any person who owns, leases, operates,
controls, or supervises a pipeline that transports fuel, fuel additive,
or regulated blendstock in the United States.
    Previously certified gasoline or PCG means CG, RFG, or BOB that has
been certified as a batch by a gasoline manufacturer.
    Product transfer documents or PTDs mean documents that reflect the
transfer of title or physical custody of fuel, fuel additive, or
regulated blendstock (e.g., invoices, receipts, bills of lading,
manifests, pipeline tickets) between a transferor and a transferee.
    RBOB means reformulated gasoline for which a gasoline manufacturer
has accounted for the effects of oxygenate blending that occurs
downstream of the fuel manufacturing facility.
    Refiner means any person who owns, leases, operates, controls, or
supervises a refinery in the United States.

    Refinery means a facility where fuels are produced from feedstocks,
including crude oil or renewable feedstocks, through physical or
chemical processing equipment.
    Reformulated gasoline or RFG means gasoline that is certified under
Sec.  1090.1100(b) to meet the requirements in Sec.  1090.245.
    Regulated blendstock means certified butane, certified pentane,
TGP, TDP, and GTAB.
    Regulated blendstock producer means any person who owns, leases,
operates, controls, or supervises a facility where regulated
blendstocks are produced or imported.
    Renewable diesel fuel means diesel fuel that is made from renewable
(nonpetroleum) feedstocks and is not a mono-alkyl ester.
    Reseller means any person who purchases fuel identified by the
corporate, trade, or brand name of a fuel manufacturer from such
manufacturer or a distributor and resells or transfers it to retailers
or WPCs, and whose assets or facilities are not substantially owned,
leased, or controlled by such manufacturer.
    Residual fuel means a petroleum fuel with a T90 temperature at or
above 700 [deg]F that can only be used in diesel engines if it is
heated before injection. For example, No. 5 fuels and No. 6 fuels are
residual fuels. Note that residual fuels might not need heating for
storage or pumping. Residual fuel grades are specified in ASTM D396 and
ISO 8217.
    Responsible Corporate Officer or RCO means a person who is
authorized by the regulated party to make representations on behalf of
or obligate the company as ultimately responsible for any activity
regulated under this part (e.g., refining, importing, blending). An
example is an officer of a corporation under the laws of incorporation
of the state in which the company is incorporated. Examples of
positions in non-corporate business structures that qualify are owner,
chief executive officer, president, or operations manager.
    Retail outlet means any establishment at which gasoline, diesel
fuel, methanol, natural gas, E85, or LPG is sold or offered for sale
for use in motor vehicles, nonroad engines, nonroad vehicles, or
nonroad equipment, including locomotive or marine engines.
    Retailer means any person who owns, leases, operates, controls, or
supervises a retail outlet.
    RFG covered area means the geographic areas specified in Sec.
1090.270 in which only RFG may be sold or dispensed to ultimate
consumers.
    RFG opt-in area means an area that becomes a covered area under 42
U.S.C. 7545(k)(6) as listed in Sec.  1090.270.
    Round (rounded, rounding) has the meaning given in Sec.  1090.50.
    Sampling strata means the three types of areas sampled during a
survey, which include the following:
    (1) Densely populated areas.
    (2) Transportation corridors.
    (3) Rural areas.
    State Implementation Plan or SIP means a plan approved or
promulgated under 42 U.S.C. 7410 or 7502.
    Summer gasoline means gasoline that is subject to the RVP standards
in Sec.  1090.215.
    Summer season or high ozone season means the period from June 1
through September 15 for retailers and WPCs, and May 1 through
September 15 for all other persons, or an RVP control period specified
in a SIP, whichever is longer.
    Tank truck means a truck used for transporting fuel, fuel additive,
or regulated blendstock.
    Transmix means any of the following mixtures of fuels, which no
longer meet the specifications for a fuel that can be used or sold as a
fuel without further processing:
    (1) Pipeline interface that is not cut into the adjacent products.
    (2) Mixtures produced by unintentionally combining gasoline and
distillate fuels.
    (3) Mixtures produced from normal business operations at terminals
or pipelines, such as gasoline or distillate fuel drained from a tank
or drained from piping or hoses used to transfer gasoline or distillate
fuel to tanks or trucks, or gasoline or distillate fuel discharged from
a safety relief valve that are segregated for further processing.
    Transmix blender means any person who owns, leases, operates,
controls, or supervises a transmix blending facility.
    Transmix blending facility means any facility that produces
gasoline by blending transmix into PCG.
    Transmix distillate product or TDP means the diesel fuel blendstock
that is produced when transmix is separated into blendstocks at a
transmix processing facility.
    Transmix gasoline product or TGP means the gasoline blendstock that
is produced when transmix is separated into blendstocks at a transmix
processing facility.
    Transmix processing facility means any facility that produces TGP
or TDP from transmix by distillation or other refining processes, but
does not produce gasoline or diesel fuel by processing crude oil or
other products.
    Transmix processor means any person who owns, leases, operates,
controls, or supervises a transmix processing facility. Transmix
processors are fuel manufacturers.
    Ultra low-sulfur diesel or ULSD means diesel fuel that is certified
to meet the requirements in Sec.  1090.305.
    United States means the 50 states, the District of Columbia, the
Commonwealth of Puerto Rico, the Commonwealth of the Northern Mariana
Islands, Guam, American Samoa, and the U.S. Virgin Islands.
    Volume Additive Reconciliation (VAR) Period means for automated
detergent blending facilities 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. For non-
automated detergent blending facilities, the VAR Period constitutes the
blending of one batch of gasoline.
    Wholesale purchaser-consumer or WPC means any person that is an
ultimate consumer of fuels and who purchases or obtains fuels for use
in motor vehicles, 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.
    Winter gasoline means gasoline that is not subject to the RVP
standards in Sec.  1090.215.
    Winter season means any time outside of the summer season or high
ozone season.

Sec.  1090.85  Explanatory terms.

    This section explains how certain phrases and terms are used in
this part, especially those used to clarify and explain regulatory
provisions. They do not, however, constitute specific regulatory
requirements and as such do not impose any compliance obligation on
regulated persons.
    (a) Types of provisions. The term ``provision'' includes all
aspects of the regulations in this part. As described in this section,
regulatory provisions include standards, requirements, and
prohibitions, along with a variety of

other types of provisions. In certain cases, these terms apply to some
but not all the provisions of a part or section. For example,
recordkeeping requirements apply to jet fuel even though it is not
subject to standards under this part.
    (1) A standard is a limit on the formulation, components, or
characteristics of any fuel, fuel additive, or regulated blendstock,
established by regulation under this part. Compliance with or
conformance to a standard is a specific type of requirement, and in
some cases a standard may be discussed as a requirement. Thus, a
statement about the requirements of a part or section also applies with
respect to the standards in the part or section. Examples of standards
include the sulfur per-gallon standards for gasoline and diesel fuel.
    (2) While requirements state what someone must do, prohibitions
state what someone may not do. Prohibitions are often referred to as
prohibited acts. Failing to meet any requirement that applies to a
person under this part is a prohibited act.
    (3) The regulations in this part include provisions that are not
standards, requirements, or prohibitions, such as definitions.
    (b) A fuel is considered ``subject to'' a specific provision if
that provision applies, even if it falls within an exemption authorized
under a different part of this regulation. For example, gasoline is
subject to the provisions of this part even if it is exempted from the
standards under subpart G of this part.
    (c) Singular and plural. Unless stated otherwise or unless it is
clear from the regulatory context, provisions written in singular form
include the plural form and provisions written in plural form include
the singular form.
    (d) Inclusive lists. Lists in the regulations in this part prefaced
by ``including'' or ``this includes'' are not exhaustive. The terms
``including'' and ``this includes'' should be read to mean ``including
but not limited to'' and ``this includes but is not limited to.''
    (e) Notes. Statements that begin with ``Note:'' or ``Note that''
are intended to clarify specific regulatory provisions stated elsewhere
in the regulations in this part. By themselves, such statements are not
intended to specify regulatory requirements.
    (f) Examples. Examples provided in the regulations in this part are
typically introduced by either ``for example'' or ``such as.'' Specific
examples given in the regulations do not necessarily represent the most
common examples. The regulations may specify examples conditionally
(that is, specifying that they are applicable only if certain criteria
or conditions are met). Lists of examples cannot be presumed to be
exhaustive lists.

Sec.  1090.90   Acronyms and abbreviations.

500 ppm LM diesel fuel...........................................  As defined in Sec.   1090.80
ABT..............................................................  averaging, banking, and trading
ARV..............................................................  accepted reference value
BOB..............................................................  Gasoline before oxygenate blending
CARB.............................................................  California Air Resources Board
CFR..............................................................  Code of Federal Regulations
CG...............................................................  conventional gasoline
DFE..............................................................  denatured fuel ethanol
E0...............................................................  As defined in Sec.   1090.80
E10..............................................................  As defined in Sec.   1090.80
E15..............................................................  As defined in Sec.   1090.80
E200.............................................................  As defined in Sec.   1090.80
E300.............................................................  As defined in Sec.   1090.80
ECA marine fuel..................................................  As defined in Sec.   1090.80
EPA..............................................................  Environmental Protection Agency
GTAB.............................................................  gasoline treated as blendstock
IMO marine fuel..................................................  As defined in Sec.   1090.80
LAC..............................................................  lowest additive concentration
LLOQ.............................................................  laboratory limit of quantitation
MARPOL Annex VI..................................................  The International Convention for the
                                                                    Prevention of Pollution from Ships, 1973 as
                                                                    modified by the Protocol of 1978 Annex VI
NAAQS............................................................  National Ambient Air Quality Standard
NARA.............................................................  National Archives and Records Administration
NGL..............................................................  natural gas liquids
NIST.............................................................  National Institute for Standards and
                                                                    Technology
PCG..............................................................  previously certified gasoline
PLOQ.............................................................  published limit of quantitation
ppm (mg/kg)......................................................  parts per million (or milligram per kilogram)
PTD..............................................................  product transfer document
R&D..............................................................  research and development
RCO..............................................................  responsible corporate officer
RFG..............................................................  reformulated gasoline
RFS..............................................................  renewable fuel standard
RVP..............................................................  Reid vapor pressure
SIP..............................................................  state implementation plan
SQC..............................................................  statistical quality control
T10, T50, T90....................................................  temperatures representing the points in a
                                                                    distillation process where 10, 50, and 90
                                                                    percent of the sample evaporates,
                                                                    respectively
TDP..............................................................  transmix diesel products
TGP..............................................................  transmix gasoline products
U.S..............................................................  United States
U.S.C............................................................  United States Code
ULSD.............................................................  ultra-low-sulfur diesel fuel
VCSB.............................................................  voluntary consensus standards body

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 material is available for
inspection at U.S. EPA, Air and Radiation Docket and Information
Center, WJC West Building, Room 3334, 1301 Constitution Ave. NW,
Washington, DC 20460,<PHONE_NUMBER>, and is available from the sources
listed in this section. It is also available for inspection at the
National Archives and Records Administration (NARA). For information on
the availability of this material at NARA, email<EMAIL_ADDRESS>
or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) American Institute of Certified Public Accountants, 220 Leigh
Farm Rd., Durham, NC 27707-8110, or www.aicpa.org, or<PHONE_NUMBER>.
    (1) Statements on Standards for Attestation Engagements (SSAE) No.
18, Attestation Standards: Clarification and Recodification, Revised
April 2016; IBR approved for Sec.  1090.1800(b).
    (2) AICPA Code of Professional Conduct, September 1, 2018; IBR
approved for Sec.  1090.1800(b).
    (3) Statements on Quality Control Standards, July 1, 2019; IBR
approved for Sec.  1090.1800(b).
    (c) ASTM International, 100 Barr Harbor Dr., P.O. Box C700, West
Conshohocken, PA 19428-2959,<PHONE_NUMBER>, or www.astm.org.
    (1) ASTM D86-19, Standard Test Method for Distillation of Petroleum
Products and Liquid Fuels at Atmospheric Pressure, approved December 1,
2019 (``ASTM D86''); IBR approved for Sec.  1090.1350(b).
    (2) ASTM D287-12b (Reapproved 2019), Standard Test Method for API
Gravity of Crude Petroleum and Petroleum Products (Hydrometer Method),
approved December 1, 2019 (``ASTM D287''); IBR approved for Sec.
1090.1337(c).
    (3) ASTM D975-19c, Standard Specification for Diesel Fuel, approved
December 15, 2019 (``ASTM D975''); IBR approved for Sec.  1090.80.
    (4) ASTM D976-06 (Reapproved 2016), Standard Test Method for
Calculated Cetane Index of Distillate Fuels, approved April 1, 2016
(``ASTM D976''); IBR approved for Sec.  1090.1350(b).
    (5) ASTM D1298-12b (Reapproved 2017), Standard Test Method for
Density, Relative Density, or API Gravity of Crude Petroleum and Liquid
Petroleum Products by Hydrometer Method, approved July 15, 2017 (``ASTM
D1298''); IBR approved for Sec.  1090.1337(c).
    (6) ASTM D1319-19, Standard Test Method for Hydrocarbon Types in
Liquid Petroleum Products by Fluorescent Indicator Adsorption, approved
August 1, 2019 (``ASTM D1319''); IBR approved for Sec.  1090.1350(b).
    (7) ASTM D2163-14 (Reapproved 2019), Standard Test Method for
Determination of Hydrocarbons in Liquefied Petroleum (LP) Gases and
Propane/Propene Mixtures by Gas Chromatography, approved May 1, 2019
(``ASTM D2163''); IBR approved for Sec.  1090.1350(b).
    (8) ASTM D2622-16, Standard Test Method for Sulfur in Petroleum
Products by Wavelength Dispersive X-ray Fluorescence Spectrometry,
approved January 1, 2016 (``ASTM D2622''); IBR approved for Sec. Sec.
1090.1350(b), 1090.1360(d), 1090.1365(b), and 1090.1375(c).
    (9) ASTM D3120-08 (Reapproved 2019), Standard Test Method for Trace
Quantities of Sulfur in Light Liquid Petroleum Hydrocarbons by
Oxidative Microcoulometry, approved May 1, 2019 (``ASTM D3120''); IBR
approved for Sec.  1090.1365(b).
    (10) ASTM D3231-18, Standard Test Method for Phosphorus in
Gasoline, approved April 1, 2018 (``ASTM D3231''); IBR approved for
Sec.  1090.1350(b).
    (11) ASTM D3237-17, Standard Test Method for Lead in Gasoline by
Atomic Absorption Spectroscopy, approved June 1, 2017 (``ASTM D3237'');
IBR approved for Sec.  1090.1350(b).
    (12) ASTM D3606-17, Standard Test Method for Determination of
Benzene and Toluene in Spark Ignition Fuels by Gas Chromatography,
approved December 1, 2017 (``ASTM D3606''); IBR approved for Sec.
1090.1360(c).
    (13) ASTM D4052-18a, Standard Test Method for Density, Relative
Density, and API Gravity of Liquids by Digital Density Meter, approved
December 15, 2018 (``ASTM D4052''); IBR approved for Sec.
1090.1337(c).
    (14) ASTM D4057-19, Standard Practice for Manual Sampling of
Petroleum and Petroleum Products, approved July 1, 2019 (``ASTM
D4057''); IBR approved for Sec. Sec.  1090.1335(b) and 1090.1605(b).
    (15) ASTM D4177-16e1, Standard Practice for Automatic Sampling of
Petroleum and Petroleum Products, approved October 1, 2016 (``ASTM
D4177''); IBR approved for Sec. Sec.  1090.1315(b) and 1090.1335(c).
    (16) ASTM D4737-10 (Reapproved 2016), Standard Test Method for
Calculated Cetane Index by Four Variable Equation, approved July 1,
2016 (``ASTM D4737''); IBR approved for Sec.  1090.1350(b).
    (17) ASTM D4806-19a, Standard Specification for Denatured Fuel
Ethanol for Blending with Gasolines for Use as Automotive Spark-
Ignition Engine Fuel, approved September 15, 2019 (``ASTM D4806''); IBR
approved for Sec.  1090.1395(a).
    (18) ASTM D4814-20, Standard Specification for Automotive Spark-
Ignition Engine Fuel, approved February 1, 2020 (``ASTM D4814''); IBR
approved for Sec. Sec.  1090.80 and 1090.1395(a).
    (19) ASTM D5134-13 (Reapproved 2017), Standard Test Method for
Detailed Analysis of Petroleum Naphthas through n-Nonane by Capillary
Gas Chromatography, approved October 1, 2017 (``ASTM D5134''); IBR
approved for Sec.  1090.1350(b).
    (20) ASTM D5186-19, Standard Test Method for Determination of the
Aromatic Content and Polynuclear Aromatic Content of Diesel Fuels By
Supercritical Fluid Chromatography, approved June 1, 2019 (``ASTM
D5186''); IBR approved for Sec.  1090.1350(b).
    (21) ASTM D5191-19, Standard Test Method for Vapor Pressure of
Petroleum Products (Mini Method), approved January 1, 2019 (``ASTM
D5191''); IBR approved for Sec. Sec.  1090.1360(d) and 1090.1365(b).
    (22) ASTM D5453-19a, Standard Test Method for Determination of
Total Sulfur in Light Hydrocarbons, Spark Ignition Engine Fuel, Diesel
Engine Fuel, and Engine Oil by Ultraviolet Fluorescence, approved July
1, 2019 (``ASTM D5453''); IBR approved for Sec.  1090.1350(b).
    (23) ASTM D5500-19, Standard Test Method for Vehicle Evaluation of
Unleaded Automotive Spark-Ignition Engine Fuel for Intake Deposit
Formation, approved November 1, 2019 (``ASTM D5500''); IBR approved for
Sec.  1090.1395(c).
    (24) ASTM D5599-18, Standard Test Method for Determination of
Oxygenates in Gasoline by Gas Chromatography and Oxygen Selective Flame
Ionization Detection, approved June 1, 2018 (``ASTM D5599''); IBR
approved for Sec. Sec.  1090.1360(d) and 1090.1365(b).
    (25) ASTM D5769-15, Standard Test Method for Determination of
Benzene, Toluene, and Total Aromatics in Finished Gasolines by Gas
Chromatography/Mass Spectrometry, approved December 1, 2015 (``ASTM
D5769''); IBR approved for Sec. Sec.  1090.1350(b), 1090.1360(d), and
1090.1365(b).

    (26) ASTM D5842-19, Standard Practice for Sampling and Handling of
Fuels for Volatility Measurement, approved November 1, 2019 (``ASTM
D5842''); IBR approved for Sec.  1090.1335(d).
    (27) ASTM D5854-19a, Standard Practice for Mixing and Handling of
Liquid Samples of Petroleum and Petroleum Products, approved May 1,
2019 (``ASTM D5854''); IBR approved for Sec.  1090.1315(b).
    (28) ASTM D6201-19a, Standard Test Method for Dynamometer
Evaluation of Unleaded Spark-Ignition Engine Fuel for Intake Valve
Deposit Formation, approved December 1, 2019 (``ASTM D6201''); IBR
approved for Sec.  1090.1395(a).
    (29) ASTM D6259-15 (Reapproved 2019), Standard Practice for
Determination of a Pooled Limit of Quantitation for a Test Method,
approved May 1, 2019 (``ASTM D6259''); IBR approved for Sec.
1090.1355(b).
    (30) ASTM D6299-19, Standard Practice for Applying Statistical
Quality Assurance and Control Charting Techniques to Evaluate
Analytical Measurement System Performance, approved November 1, 2019
(``ASTM D6299''); IBR approved for Sec. Sec.  1090.1370(c),
1090.1375(a), (b), and (c), and 1090.1440(c).
    (31) ASTM D6550-15, Standard Test Method for Determination of
Olefin Content of Gasolines by Supercritical-Fluid Chromatography,
approved December 1, 2015 (``ASTM D6550''); IBR approved for Sec.
1090.1350(b).
    (32) ASTM D6667-14 (Reapproved 2019), Standard Test Method for
Determination of Total Volatile Sulfur in Gaseous Hydrocarbons and
Liquefied Petroleum Gases by Ultraviolet Fluorescence, approved May 1,
2019 (``ASTM D6667''); IBR approved for Sec. Sec.  1090.1350(b),
1090.1360(d), 1090.1365(b), and 1090.1375(c).
    (33) ASTM D6708-19a, Standard Practice for Statistical Assessment
and Improvement of Expected Agreement Between Two Test Methods that
Purport to Measure the Same Property of a Material, approved November
1, 2019 (``ASTM D6708''); IBR approved for Sec. Sec.  1090.1360(c),
1090.1365(d) and (f), and 1090.1375(c).
    (34) ASTM D6792-17, Standard Practice for Quality Management
Systems in Petroleum Products, Liquid Fuels, and Lubricants Testing
Laboratories, approved May 1, 2017 (``ASTM D6792''); IBR approved for
Sec. Sec.  1090.1375(b) and 1090.1440(c).
    (35) ASTM D7039-15a, Standard Test Method for Sulfur in Gasoline,
Diesel Fuel, Jet Fuel, Kerosine, Biodiesel, Biodiesel Blends, and
Gasoline-Ethanol Blends by Monochromatic Wavelength Dispersive X-ray
Fluorescence Spectrometry, approved July 1, 2015 (``ASTM D7039''); IBR
approved for Sec.  1090.1365(b).
    (36) ASTM D7717-11 (Reapproved 2017), Standard Practice for
Preparing Volumetric Blends of Denatured Fuel Ethanol and Gasoline
Blendstocks for Laboratory Analysis, approved May 1, 2017 (``ASTM
D7717''); IBR approved for Sec.  1090.1340(b).
    (d) The Institute of Internal Auditors, 1035 Greenwood Blvd., Suite
401, Lake Mary, FL 32746, or www.theiia.org or<PHONE_NUMBER>.
    (1) International Standards for the Professional Practice of
Internal Auditing (Standards), Revised October 2016; IBR approved for
Sec.  1090.1800(b).
    (2) [Reserved]
    (e) National Institute of Standards and Technology, 100 Bureau Dr.,
Stop 1070, Gaithersburg, MD 20899-1070,<PHONE_NUMBER>, or
www.nist.gov.
    (1) NIST Handbook 158, 2016 Edition, Field Sampling Procedures for
Fuel and Motor Oil Quality Testing--A Handbook for Use by Fuel and Oil
Quality Regulatory Officials, April 2016; IBR approved for Sec.
1090.1410(a).
    (2) [Reserved]

Subpart B--General Requirements and Provisions for Regulated
Parties

Sec.  1090.100   General provisions.

    This subpart provides an overview of the general requirements and
other 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 who also
transports fuel must meet the requirements applicable to fuel
manufacturers and distributors. Regulated parties are required to
comply with all applicable requirements of this part, regardless of
whether they are identified in this subpart. Any person that produces,
sells, transfers, supplies, dispenses, or distributes fuel, fuel
additive, or regulated blendstock must comply with all applicable
requirements.
    (a) Recordkeeping. Any party that engages in activities that are
regulated under this part must comply with recordkeeping requirements
under subpart L of this part.
    (b) Compliance and enforcement. Any party that engages in
activities that are regulated under this part is subject to compliance
and enforcement provisions under subpart Q of this part.
    (c) Hardships and exemptions. Some regulated parties under this
part may be eligible, or eligible to petition, for a hardship or
exemption under subpart G of this part.
    (d) In addition to the requirements in paragraphs (a) through (c)
of this section and Sec.  1090.105 that apply to importers based on the
fuel, fuel additive, or regulated blendstock being imported, importers
must also comply with subpart P of this part.

Sec.  1090.105   Fuel manufacturers.

    This section provides an overview of general requirements
applicable to fuel manufacturers. Gasoline manufacturers must comply
with the requirements of paragraph (a) of this section and diesel fuel
and ECA marine fuel manufacturers must comply with the requirements of
paragraph (b) of this section.
    (a) Gasoline manufacturers. Except as specified otherwise in this
subpart, all gasoline manufacturers must comply with the following
requirements:
    (1) Producing and certifying compliant gasoline. Gasoline
manufacturers must produce (or import) and certify gasoline under
subpart K of this part as meeting the standards of subpart C of this
part and must comply with the ABT requirements in subpart H of this
part.
    (2) Registration. Gasoline manufacturers must register with EPA
under subpart I of this part.
    (3) PTDs. On each occasion when a gasoline manufacturer transfers
custody of or title to any gasoline, the transferor must provide to the
transferee PTDs under subpart K of this part.
    (4) Designation. Gasoline manufacturers must designate the gasoline
they produce under subpart K of this part.
    (5) Reporting. Gasoline manufacturers must submit reports to EPA
under subpart J of this part.
    (6) Sampling, testing, and sample retention. Gasoline manufacturers
must conduct sampling, testing, and sample retention in accordance with
subpart M of this part.
    (7) Surveys. Gasoline manufacturers may participate in applicable
fuel surveys under subpart N of this part.
    (8) Annual attest engagement. Gasoline manufacturers must submit
annual attest engagement reports to EPA under subpart R of this part.
    (b) Diesel fuel and ECA marine fuel manufacturers. Diesel fuel and
ECA marine fuel manufacturers must comply with the following
requirements, as applicable:
    (1) Producing and certifying compliant diesel fuel and ECA marine
fuel. Diesel fuel and ECA marine fuel

manufacturers must produce (or import) and certify diesel fuel and ECA
marine fuel under subpart K of this part as meeting the requirements of
subpart D of this part.
    (2) Registration. Diesel fuel and ECA marine fuel manufacturers
must register with EPA under subpart I of this part.
    (3) Reporting. Diesel fuel manufacturers must submit reports to EPA
under subpart J of this part.
    (4) PTDs. On each occasion when a diesel fuel or ECA marine fuel
manufacturer transfers custody or title to any diesel fuel or ECA
marine fuel, the transferor must provide to the transferee PTDs under
subpart K of this part.
    (5) Sampling, testing, and retention requirements. Diesel fuel and
ECA marine fuel manufacturers must conduct sampling, testing, and
sample retention in accordance with subpart M of this part.
    (6) Surveys. Diesel fuel manufacturers may participate in
applicable fuel surveys under subpart N of this part.
    (7) Manufacturers of distillate global marine fuel. Manufacturers
of distillate global marine fuel do not need to comply with the
requirements of paragraphs (b)(1) through (5) of this section if they
produce global marine fuel that is exempt from the standards in subpart
D of this part, as specified in Sec.  1090.650.

Sec.  1090.110   Detergent blenders.

    Detergent blenders must comply with the requirements of this
section.
    (a) Gasoline standards. Detergent blenders must comply with the
applicable requirements of subpart C of this part.
    (b) PTDs. On each occasion when a detergent blender transfers
custody of or title to any fuel, fuel additive, or regulated
blendstock, the transferor must provide to the transferee PTDs under
subpart K of this part.
    (c) Recordkeeping. Detergent blenders must demonstrate compliance
with the requirements of Sec.  1090.240(a) as specified in Sec.
1090.1240.
    (d) Equipment calibration. Detergent blenders at automated
detergent blending facilities must calibrate their detergent blending
equipment in accordance with subpart M of this part.

Sec.  1090.115   Oxygenate blenders.

    Oxygenate blenders must comply with the requirements of this
section.
    (a) Gasoline standards. Oxygenate blenders must comply with the
applicable requirements of subpart C of this part.
    (b) Registration. Oxygenate blenders must register with EPA under
subpart I of this part.
    (c) PTDs. On each occasion when an oxygenate blender transfers
custody or title to any fuel, fuel additive, or regulated blendstock,
the transferor must provide to the transferee PTDs under subpart K of
this part.
    (d) Oxygenate blending requirements. Oxygenate blenders must follow
blending instructions as specified for gasoline manufacturers in Sec.
1090.710 unless the oxygenate blender recertifies BOBs under Sec.
1090.740.

Sec.  1090.120   Oxygenate producers.

    This section provides an overview of general requirements
applicable to oxygenate producers (e.g., DFE and isobutanol producers).
DFE producers must comply with all requirements for oxygenate producers
in paragraph (a) of this section and all additional requirements
specified in paragraph (b) of this section.
    (a) Oxygenate producers. Oxygenate producers must comply with the
following requirements:
    (1) Gasoline standards. Oxygenate producers must comply with the
applicable requirements of subpart C of this part and certify batches
of oxygenate under subpart K of this part.
    (2) Registration. Oxygenate producers must register with EPA under
subpart I of this part.
    (3) Reporting. Oxygenate producers must submit reports to EPA under
subpart J of this part.
    (4) PTDs. On each occasion when an oxygenate producer transfers
custody or title to any fuel, fuel additive, or regulated blendstock,
the transferor must provide to the transferee PTDs under subpart K of
this part.
    (5) Designation. Oxygenate producers must designate the oxygenate
they produce under subpart K of this part.
    (6) Sampling, testing, and retention requirements. Oxygenate
producers must conduct sampling, testing, and sample retention in
accordance with subpart M of this part.
    (b) DFE producers. In addition to the requirements specified in
paragraph (a) of this section, DFE producers must meet all the
following requirements:
    (1) Use denaturant that complies with the requirements specified in
Sec. Sec.  1090.230(b) and 1090.235.
    (2) Participate in a survey program conducted by an independent
surveyor under subpart N of this part if the DFE producer produces DFE
made available for use in the production of E15.

Sec.  1090.125   Certified butane producers.

    Certified butane producers must comply with the requirements of
this section.
    (a) Gasoline standards. Certified butane producers must comply with
the applicable requirements of subpart C of this part and certify
batches of certified butane under subpart K of this part.
    (b) PTDs. On each occasion when a certified butane producer
transfers custody of or title to any certified butane, the transferor
must provide to the transferee PTDs under subpart K of this part.
    (c) Designation. Certified butane producers must designate the
certified butane they produce under subpart K of this part.
    (d) Sampling, testing, and retention requirements. Certified butane
producers must conduct sampling, testing, and sample retention in
accordance with subpart M of this part.

Sec.  1090.130   Certified butane blenders.

    Certified butane blenders that blend certified butane into PCG are
gasoline manufacturers that may comply with the requirements of this
section in lieu of the requirements in Sec.  1090.105.
    (a) Gasoline standards. Certified butane blenders must comply with
the applicable requirements of subpart C of this part.
    (b) Registration. Certified butane blenders must register with EPA
under subpart I of this part.
    (c) Reporting. Certified butane blenders must submit reports to EPA
under subpart J of this part.
    (d) Sampling, testing, and retention requirements. Certified butane
blenders must conduct sampling, testing, and sample retention in
accordance with subpart M of this part.
    (e) PTDs. When certified butane is blended with PCG, PTDs that
accompany the gasoline blended with certified butane must comply with
subpart K of this part.
    (f) Survey. Certified butane blenders may participate in the
applicable fuel surveys of subpart N of this part.
    (g) Annual attest engagement. Certified butane blenders must submit
annual attest engagement reports to EPA under subpart R of this part.

Sec.  1090.135   Certified pentane producers.

    Certified pentane producers must comply with the requirements of
this section.
    (a) Gasoline standards. Certified pentane producers must comply
with the applicable requirements of subpart C of this part and certify
batches of certified pentane under subpart K of this part.
    (b) Registration. Certified pentane producers must register with
EPA under subpart I of this part.
    (c) Reporting. Certified pentane producers must submit reports to
EPA under subpart J of this part.

    (d) PTDs. On each occasion when a certified pentane producer
transfers custody of or title to any certified pentane, the transferor
must provide to the transferee PTDs under subpart K of this part.
    (e) Designation. Certified pentane producers must designate the
certified pentane they produce under subpart K of this part.
    (f) Sampling, testing, and retention requirements. Certified
pentane producers and importers must conduct sampling, testing, and
sample retention in accordance with subpart M of this part.

Sec.  1090.140   Certified pentane blenders.

    Certified pentane blenders that blend certified pentane into PCG
are gasoline manufacturers that may comply with the requirements of
this section in lieu of the requirements in Sec.  1090.105.
    (a) Gasoline standards. Certified pentane blenders must comply with
the applicable requirements of subpart C of this part.
    (b) Registration. Certified pentane blenders must register with EPA
under subpart I of this part.
    (c) Reporting. Certified pentane blenders must submit reports to
EPA under subpart J of this part.
    (d) Sampling, testing, and retention requirements. Certified
pentane blenders must conduct sampling, testing, and sample retention
in accordance with subpart M of this part.
    (e) PTDs. When certified pentane is blended with PCG, PTDs that
accompany the gasoline blended with pentane must comply with subpart K
of this part.
    (f) Survey. Certified pentane blenders may participate in the
applicable fuel surveys of subpart N of this part.
    (g) Annual attest engagement. Certified pentane blenders must
submit annual attest engagement reports to EPA under subpart R of this
part.

Sec.  1090.145   Transmix processors.

    Transmix processors must comply with the requirements of this
section.
    (a) Transmix requirements. Transmix processors must comply with the
transmix requirements of subpart F of this part and certify batches of
fuel under subpart K of this part.
    (b) Registration. Transmix processors must register with EPA under
subpart I of this part.
    (c) PTDs. On each occasion when a transmix processor produces a
batch of fuel or transfers custody of or title to any fuel, fuel
additive, or regulated blendstock, the transferor must provide to the
transferee PTDs under subpart K of this part.
    (d) Designation. Transmix processors must designate the batches of
fuel they produce under subpart K of this part.
    (e) Sampling, testing, and retention requirements. Transmix
processors must conduct sampling, testing, and sample retention in
accordance with subparts F and M of this part.
    (f) Reporting. Transmix processors must submit reports to EPA under
subpart J of this part.

Sec.  1090.150   Transmix blenders.

    Transmix blenders must comply with the requirements of this
section.
    (a) Transmix requirements. Transmix blenders must comply with the
transmix requirements of subpart F of this part and certify batches of
fuel under subpart K of this part.
    (b) PTDs. On each occasion when a transmix blender produces a batch
of fuel or transfers custody or title to any fuel, fuel additive, or
regulated blendstock, the transferor must provide to the transferee
PTDs under subpart K of this part.
    (c) Designation. Transmix blenders must designate the batches of
fuel they produce under subpart K of this part.
    (d) Sampling, testing, and retention requirements. Transmix
blenders must conduct sampling, testing, and sample retention in
accordance with subparts F and M of this part.

Sec.  1090.155   Fuel additive manufacturers.

    This section provides an overview of general requirements
applicable to fuel additive manufacturers. Gasoline additive
manufacturers must comply with the requirements of paragraph (a) of
this section, diesel fuel additive manufacturers must comply with the
requirements of paragraph (b) of this section, and certified ethanol
denaturant producers must comply with the requirements of paragraph (c)
of this section.
    (a) Gasoline additive manufacturers. Gasoline additive
manufacturers that produce additives with a maximum allowed
concentration of less than 1.0 volume percent must meet the following
requirements:
    (1) Gasoline standards. Gasoline additive manufacturers must
produce gasoline additives that comply with subpart C of this part and
certify gasoline additives under subpart K of this part.
    (2) PTDs. On each occasion when a gasoline additive manufacturer
transfers custody of or title to any gasoline additive, the transferor
must provide to the transferee PTDs under subpart K of this part.
    (3) Gasoline detergent manufacturers. Gasoline detergent
manufacturers must comply with the following requirements:
    (i) Part 79 registration and LAC determination. Gasoline detergent
manufacturers must register gasoline detergent(s) under 40 CFR 79.21 at
a concentration that is greater than or equal to the LAC reported by
the gasoline detergent manufacturer under 40 CFR 79.21(j). Note that
EPA provides a list on EPA's website of detergents that have been
certified by the gasoline detergent manufacturer as meeting the deposit
control requirement (Search for ``List of Certified Detergent
Additives'').
    (ii) Gasoline standards. Report the LAC determined under Sec.
1090.240(b) and provide specific composition information as part of the
gasoline detergent manufacturer's registration of the detergent under
40 CFR 79.21(j).
    (iii) PTDs. On each occasion when a gasoline detergent manufacturer
transfers custody of or title to any gasoline detergent, the transferor
must provide to the transferee PTDs under subpart K of this part.
    (iv) Sampling, testing, and retention requirements. Gasoline
detergent manufacturers that register detergents must conduct sampling,
testing, and sample retention in accordance with subpart M of this
part.
    (b) Diesel fuel additive manufacturers. Diesel fuel additive
manufacturers that produce additives with a maximum allowed
concentration of less than 1.0 volume percent must meet the following
requirements:
    (1) Diesel fuel standards. Diesel fuel additive manufacturers must
produce diesel fuel additives that comply with subpart D of this part
and certify batches of diesel fuel additive under subpart K of this
part.
    (2) PTDs. On each occasion when a diesel fuel additive manufacturer
transfers custody of or title to any diesel additive, the transferor
must provide to the transferee PTDs under subpart K of this part.
    (c) Certified ethanol denaturant producers and importers. Certified
ethanol denaturant producers must meet the following requirements:
    (1) Certification of certified ethanol denaturant. Certified
ethanol denaturant producers and importers must certify that certified
ethanol denaturant meets the requirements in Sec.  1090.235.
    (2) Registration. Certified ethanol denaturant producers and
importers must register with EPA under subpart I of this part.
    (3) PTDs. On each occasion when a certified ethanol denaturant
producer transfers custody or title to any fuel, fuel additive, or
regulated blendstock, the

transferor must provide to the transferee PTDs under subpart K of this
part.

Sec.  1090.160   Distributors, carriers, and resellers.

    Distributors, carriers, and resellers must comply with the
requirements of this section.
    (a) Gasoline and diesel standards. Distributors, carriers, and
resellers must comply with the applicable requirements of subparts C
and D of this part.
    (b) Registration. Distributors and carriers must register with EPA
under subpart I of this part if they are part of the 500 ppm LM diesel
fuel distribution chain under a compliance plan submitted under Sec.
1090.520(g).
    (c) PTDs. Distributors, carriers, and resellers may have specific
PTD requirements under subpart K of this part. For example, a
distributor that adds diluent to a gasoline detergent may have to
modify the PTD for the gasoline detergent to specify a new minimum
concentration that complies with the deposit control requirements in
Sec.  1090.240.

Sec.  1090.165   Retailers and WPCs.

    Retailers and WPCs must comply with the requirements of this
section.
    (a) Gasoline and diesel standards. Retailers and WPCs must comply
with the applicable requirements of subparts C and D of this part.
    (b) Labeling. Retailers and WPCs that dispense fuels requiring a
label under this part must display fuel labels under subpart O of this
part.
    (c) Blender Pumps. Retailers and WPCs that produce gasoline (e.g.,
E15) through a blender pump with PCG and E85 that contains anything
other than PCG and DFE must comply with the applicable requirements in
Sec.  1090.105.

Sec.  1090.170   Independent surveyors.

    Independent surveyors that conduct fuel surveys must comply with
the requirements of this section.
    (a) Survey provisions. Independent surveyors must conduct fuel
surveys under subpart N of this part.
    (b) Registration. Independent surveyors must register with EPA
under subpart I of this part.
    (c) Sampling, testing, and retention requirements. Independent
surveyors must conduct sampling, testing, and sample retention in
accordance with subpart M of this part.
    (d) Reporting. Independent surveyors must submit reports to EPA
under subpart J of this part.
    (e) Independence requirements. In order to perform a survey program
under subpart N of this part, independent surveyors must meet the
independence requirements in Sec.  1090.55.

Sec.  1090.175   Auditors.

    Auditors that conduct audits for responsible parties under this
part must comply with the requirements of this section.
    (a) Registration. Auditors must register with EPA under subpart I
of this part.
    (b) Reporting. Auditors must submit reports to EPA under subpart J
of this part.
    (c) Attest engagement. Auditors must conduct audits under subpart R
of this part.
    (d) Independence requirements. In order to perform an annual attest
engagement under subpart R of this part, auditors must meet the
independence requirements in Sec.  1090.55 unless they are a certified
internal auditor under Sec.  1090.1800(b)(1)(i).

Sec.  1090.180   Pipeline operators.

    Pipeline operators must comply with the requirements of this
section.
    (a) Gasoline and diesel standards. Pipeline operators must comply
with the applicable requirements of subparts C and D of this part.
    (b) PTDs. Pipeline operators must maintain PTDs for the fuel, fuel
additive, regulated blendstock, and heating oil of which they take
custody.
    (c) Transmix requirements. Pipeline operators must comply with all
applicable requirements in subpart F of this part.

Subpart C--Gasoline Standards

Sec.  1090.200   Overview and general requirements.

    (a) Except as specified in subpart G of this part, gasoline,
gasoline additives, and gasoline regulated blendstocks are subject to
the standards in this subpart.
    (b) Except for the sulfur average standard in Sec.  1090.205(a) and
the benzene average standards in Sec.  1090.210(a) and (b), the
standards in this part apply to gasoline, gasoline additives, and
gasoline regulated blendstocks on a per-gallon basis. Gasoline
manufacturers and gasoline additive manufacturers (e.g., oxygenate
producers and certified ethanol denaturant producers), and gasoline
regulated blendstock producers (e.g., certified butane producers and
certified pentane producers) must demonstrate compliance with the per-
gallon standards in this subpart by measuring fuel parameters in
accordance with subpart M of this part.
    (c) The sulfur average standard in Sec.  1090.205(a) and the
benzene average standards in Sec.  1090.210(a) and (b) apply to all
gasoline produced or imported by a fuel manufacturer during a
compliance period, except for truck and rail importers using the
provisions of Sec. Sec.  1090.205(d) and 1090.210(c), certified butane
blenders, certified pentane blenders, and transmix blenders. Fuel
manufacturers must demonstrate compliance with average standards by
measuring fuel parameters in accordance with subpart M of this part and
by determining compliance under subpart H of this part.
    (d) No person may produce, import, sell, offer for sale,
distribute, offer to distribute, supply, offer for supply, dispense,
store, transport, or introduce into commerce any gasoline, gasoline
additive, or gasoline regulated blendstock that does not comply with
any per-gallon standard set forth in this subpart.
    (e) No person may sell, offer for sale, supply, offer for supply,
dispense, transport, or introduce into commerce for use as fuel in any
motor vehicle (as defined in Section 216(2) of the Clean Air Act, 42
U.S.C. 7550(2)) any gasoline that is produced with the use of additives
containing lead, that contains more than 0.05 gram of lead per gallon,
or that contains more than 0.005 grams of phosphorous per gallon.

Sec.  1090.205   Sulfur standards.

    Except as specified in subpart G of this part, all gasoline is
subject to the following sulfur standards:
    (a) Sulfur average standard. Gasoline manufacturers must meet a
sulfur average standard of 10.00 ppm for each compliance period.
    (b) Fuel manufacturing facility gate sulfur per-gallon standard.
Gasoline at any fuel manufacturing facility gate is subject to a
maximum sulfur per-gallon standard of 80 ppm. Fuel manufacturers may
not account for the downstream addition of oxygenates in determining
compliance with this standard.
    (c) Downstream location sulfur per-gallon standard. Gasoline at any
downstream location is subject to a maximum sulfur per-gallon standard
of 95 ppm.
    (d) Sulfur standard for importers that import gasoline by rail or
truck. Importers that import gasoline by rail or truck under Sec.
1090.1610 must comply with a maximum sulfur per-gallon standard of 10
ppm instead of the standards in paragraphs (a) through (c) of this
section.

Sec.  1090.210   Benzene standards.

    Except as specified in subpart G of this part, all gasoline is
subject to the following benzene standards:

    (a) Benzene average standard. Gasoline manufacturers must meet a
benzene average standard of 0.62 volume percent for each compliance
period.
    (b) Maximum benzene average standard. Gasoline manufacturers must
meet a maximum benzene average standard of 1.30 volume percent without
the use of credits for each compliance period.
    (c) Benzene standard for importers that import gasoline by rail or
truck. Importers that import gasoline by rail or truck under Sec.
1090.1610 must comply with a 0.62 volume percent benzene per-gallon
standard instead of the standards in paragraphs (a) and (b) of this
section.

Sec.  1090.215   Gasoline RVP standards.

    Except as specified in subpart G of this part and paragraph (c) 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) 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
following lower maximum RVP per-gallon standards:
    (1) Federal 7.8 maximum RVP per-gallon standard. 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)(1)
------------------------------------------------------------------------
       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.

    (2) RFG maximum RVP per-gallon standard. Gasoline designated as
Summer RFG or located in RFG covered areas specified in Sec.  1090.270
during the summer season must meet a maximum RVP per-gallon standard of
7.4 psi.
    (3) 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.
    (4) 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 maximum RVP per-gallon standard in paragraph (a) 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 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
per-gallon standard in 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 15 volume percent.
    (3) RFG and gasoline subject to a state RVP requirement 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.
    (c) Exceptions. The RVP per-gallon standard in paragraph (a) of
this section for the area in which the gasoline is located does not
apply to that gasoline if a person can demonstrate one of the
following:
    (1) The gasoline is designated as winter gasoline and was not sold,
offered for sale, supplied, offered for supply, dispensed, or
introduced into commerce for use during the summer season and was not
delivered to any retail station or wholesale purchaser consumer 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.

Sec.  1090.220   Certified butane standards.

    Butane designated as certified butane under Sec.  1090.1100(e) for
use under the butane blending provisions of Sec.  1090.1320(c) must
meet the following per-gallon standards:
    (a) Butane content. Minimum 92 volume percent.
    (b) Benzene content. Maximum 0.03 volume percent.
    (c) Sulfur content. Maximum 10 ppm.
    (d) Chemical composition. Be composed solely of carbon, hydrogen,
oxygen, nitrogen, and sulfur.

Sec.  1090.225   Certified pentane standards.

    Pentane designated as certified pentane under Sec.  1090.1100(f)
for use under the pentane blending provisions

of Sec.  1090.1320(c) must meet the following per-gallon standards:
    (a) Pentane content. Minimum 95 volume percent.
    (b) Benzene content. Maximum 0.03 volume percent.
    (c) Sulfur content. Maximum 10 ppm.
    (d) Chemical composition. Be composed solely of carbon, hydrogen,
oxygen, nitrogen, and sulfur.

Sec.  1090.230   Gasoline oxygenate standards.

    (a) All oxygenates designated for blending with gasoline or blended
with gasoline must meet the following per-gallon standards:
    (1) Sulfur content. Maximum 10 ppm.
    (2) Chemical composition. Be composed solely of carbon, hydrogen,
oxygen, nitrogen, and sulfur.
    (b) DFE designated for blending into gasoline or blended with
gasoline must meet the following additional requirements:
    (1) Denaturant type. Only PCG, gasoline blendstocks, NGLs, or
certified ethanol denaturant that meets the requirements in Sec.
1090.235 may be used as denaturants.
    (2) Denaturant concentration. The concentration of all denaturants
used in DFE must not exceed 3.0 volume percent.

Sec.  1090.235   Ethanol denaturant standards.

    (a) Standard for all ethanol denaturant. All ethanol denaturant,
certified or uncertified, used to produce DFE must be composed solely
of carbon, hydrogen, nitrogen, oxygen, and sulfur.
    (b) Standards for certified ethanol denaturant. Certified ethanol
denaturant must meet the following requirements:
    (1) Sulfur per-gallon standard. The sulfur content must not be
greater than 330 ppm. If the certified ethanol denaturant producer
represents a batch of denaturant as having a maximum sulfur content
less than or equal to 330 ppm on the PTD (for example, less than or
equal to 120 ppm), then the actual sulfur content must be less than or
equal to the stated value.
    (2) Denaturant type. Only PCG, gasoline blendstocks, or NGLs may be
used to produce certified ethanol denaturant.

Sec.  1090.240   Gasoline deposit control standards.

    (a) Except as specified in subpart G of this part, all gasoline
that is sold, offered for sale, dispensed, supplied, offered for
supply, or transported to the ultimate consumer for use in motor
vehicles or in any off-road engines, or that is transported to a
gasoline retailer or WPC must be treated with a detergent meeting the
requirements of paragraph (b) of this section at a rate at least as
high as the detergent's LAC over VAR period.
    (b) The LAC of the detergent must be determined by the gasoline
detergent manufacturer using one of the following methods:
    (1) The detergent must comply with one of the deposit control
testing methods specified in Sec.  1090.1395.
    (2) The detergent must have been certified prior to January 1,
2021, under the intake valve deposit control requirements of 40 CFR
80.165(b) for any of the detergent certification options under 40 CFR
80.163. Di-tertiary butyl disulfide may have been used to meet the test
fuel specifications under 40 CFR 80.164 associated with the intake
valve deposit control requirements of 40 CFR 80.165(b). Parties
compliant with this paragraph are exempted from the port fuel injector
deposit control requirements of 40 CFR 80.165(a).
    (3) Gasoline detergent manufacturers must produce detergents
consistent with their detergent certifications for detergents certified
prior to January 1, 2021, and with the specific composition information
submitted as part of the registration of detergents under 40 CFR
79.21(j) thereafter.

Sec.  1090.245   RFG standards.

    The standards in this section apply to gasoline that is designated
as RFG or RBOB or that is used in the RFG covered areas listed in Sec.
1090.270. Gasoline that meets the requirements of this section is
deemed to be in compliance with the requirements of 42 U.S.C. 7545(k).
    (a) Sulfur standards. RFG or RBOB must comply with the sulfur
average standard in Sec.  1090.205(a). RFG and RBOB must comply with
sulfur per-gallon standards in Sec.  1090.205(b) and (c).
    (b) Benzene standards. RFG or RBOB must comply with the benzene
standards in Sec.  1090.210.
    (c) RVP standard. Summer RFG or Summer RBOB must comply with the
RFG RVP standard in Sec.  1090.215(a)(2).
    (d) Heavy metals standard. RFG or RBOB must not contain any heavy
metals, including, but not limited to, lead or manganese. EPA may waive
this prohibition for a heavy metal (other than lead) if EPA determines
that addition of the heavy metal to the gasoline will not increase, on
an aggregate mass or cancer-risk basis, toxic air pollutant emissions
from motor vehicles.
    (e) Certified butane and certified pentane blending limitation.
Certified butane and certified pentane may not be blended with Summer
RFG or Summer RBOB under Sec.  1090.1320.

Sec.  1090.250   Anti-dumping standards.

    Gasoline that meets all applicable standards in this subpart is
deemed to be in compliance with the anti-dumping requirements of 42
U.S.C. 7545(k)(8).

Sec.  1090.255   Gasoline additive standards.

    (a) Any gasoline additive that is added to, intended for adding to,
used in, or offered for use in gasoline at any downstream location must
meet all the following requirements:
    (1) Registration. The gasoline additive must be registered by a
gasoline additive manufacturer under 40 CFR part 79.
    (2) Sulfur content. The gasoline additive must contribute less than
or equal to 3 ppm on a per-gallon basis to the sulfur content of
gasoline when used at the maximum recommended concentration.
    (3) Treatment rate. Except for oxygenates, the gasoline additive(s)
must be used at a maximum treatment rate less than or equal to a
combined total of 1.0 volume percent.
    (b) Any fuel additive blender who is not otherwise subject to any
other requirement in this part and only blends a gasoline additive that
meets the requirements of paragraph (a) of this section into gasoline
is not subject to any requirement in this part solely due to this
gasoline additive blending, except the downstream gasoline sulfur per-
gallon standard in Sec.  1090.205(c), if all the following conditions
are met:
    (1) The fuel additive blender blends the gasoline additive into
gasoline at a concentration less than or equal to 1.0 volume percent.
    (2) The fuel additive blender does not add any other blendstock or
fuel additive into the gasoline except for oxygenates meeting the
requirements in Sec.  1090.230.
    (c) Any person who blends any fuel additive that does not meet the
requirements of paragraphs (a) and (b) of this section is a gasoline
manufacturer and must comply with all requirements applicable to
gasoline manufacturer in this part.
    (d) Any gasoline additive intended for use or used to comply with
the gasoline deposit control requirement in Sec.  1090.240(a) must have
been certified by the gasoline detergent manufacturer under Sec.
1090.240(b).

Sec.  1090.260   Gasoline substantially similar provisions.

    (a) Gasoline and gasoline additives (including oxygenates) are
subject to the substantially similar requirement in 42 U.S.C. 7545(f)
unless waived under 42 U.S.C. 7545(f)(4).
    (b) No fuel or fuel additive manufacturer may introduce into

commerce gasoline or gasoline additives (including oxygenates) that
violate any conditions set forth in a waiver under 42 U.S.C.
7545(f)(4).
    (c) No fuel or fuel additive manufacturers may introduce into
commerce gasoline or gasoline additives (including oxygenates) that
violate any parameters articulated in the definition of ``substantially
similar.''

Sec.  1090.265  Requirements for E15.

    (a) No person may sell, introduce, cause or permit the sale or
introduction of gasoline containing greater than 10 volume percent
ethanol (i.e., greater than E10) into any model year 2000 or older
light-duty gasoline motor vehicle, any heavy-duty gasoline motor
vehicle or engine, any highway or off-highway motorcycle, or any
gasoline-powered nonroad engines, vehicles, or equipment.
    (b) Paragraph (a) of this section does not prohibit a person from
producing, selling, introducing, or causing or allowing the sale or
introduction of gasoline containing greater than 10 volume percent
ethanol into any flex-fuel vehicle or flex-fuel engine.

Sec.  1090.270  RFG covered areas.

    For purposes of this part, the RFG covered areas are as follows:
    (a) RFG covered areas specified in 42 U.S.C. 7545(k)(10)(D):

                                            Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
          Area designation                    State                    Counties             Independent cities
----------------------------------------------------------------------------------------------------------------
Los Angeles-Anaheim-Riverside......  California............  Los Angeles, Orange,         ......................
                                                              Ventura, San
                                                              Bernardino,\1\ Riverside
                                                              \2\.
San Diego County...................  California............  San Diego..................  ......................
Greater Connecticut................  Connecticut...........  Hartford, Middlesex, New     ......................
                                                              Haven, New London,
                                                              Tolland, Windham,
                                                              Fairfield (only the City
                                                              of Shelton), Litchfield
                                                              (all except the towns of
                                                              Bridgewater and New
                                                              Milford).
New York-Northern New Jersey-Long    Connecticut...........  Fairfield (all except the    ......................
 Island-Connecticut.                                          City of Shelton),
                                                              Litchfield (only the towns
                                                              of Bridgewater and New
                                                              Milford).
                                     New Jersey............  Bergen, Essex, Hudson,       ......................
                                                              Hunterdon, Middlesex,
                                                              Monmouth, Morris, Ocean,
                                                              Passaic, Somerset, Sussex,
                                                              Union.
                                     New York..............  Bronx, Kings, Nassau, New    ......................
                                                              York, Orange, Putnam,
                                                              Queens, Richmond,
                                                              Rockland, Suffolk,
                                                              Westchester.
Philadelphia-Wilmington-Trenton....  Delaware..............  Kent, New Castle...........  ......................
                                     Maryland..............  Cecil......................  ......................
                                     New Jersey............  Burlington, Camden,          ......................
                                                              Cumberland, Gloucester,
                                                              Mercer, Salem.
                                     Pennsylvania..........  Bucks, Chester, Delaware,    ......................
                                                              Montgomery, Philadelphia.
Chicago-Gary-Lake County...........  Illinois..............  Cook, Du Page, Kane, Lake,   ......................
                                                              McHenry, Will, Grundy
                                                              (only Aux Sable Township
                                                              and Goose Lake Township),
                                                              Kendall (only Oswego
                                                              Township).
                                     Indiana...............  Lake, Porter...............  ......................
Baltimore..........................  Maryland..............  Anne Arundel, Baltimore,     Baltimore.
                                                              Carroll, Harford, Howard.
Houston-Galveston-Brazoria.........  Texas.................  Brazoria, Chambers, Fort     ......................
                                                              Bend, Galveston, Harris,
                                                              Liberty, Montgomery,
                                                              Waller.
Milwaukee-Racine...................  Wisconsin.............  Kenosha, Milwaukee,          ......................
                                                              Ozaukee, Racine,
                                                              Washington, Waukesha.
----------------------------------------------------------------------------------------------------------------
\1\ That portion of San Bernardino County, CA that lies south of latitude 35 degrees, 10 minutes north and west
  of longitude 115 degrees, 45 minutes west.
\2\ That portion of Riverside County, CA that lies to the west of a line described as follows: Beginning at the
  northeast corner of Section 4, Township 2 South, Range 5 East, a point on the boundary line common to
  Riverside and San Bernardino Counties; then southerly along section lines to the centerline of the Colorado
  River Aqueduct; then southeasterly along the centerline of said Colorado River Aqueduct to the southerly line
  of Section 36, Township 3 South, Range 7 East; then easterly along the township line to the northeast corner
  of Section 6, Township 4 South, Range 9 East; then southerly along the easterly line of Section 6 to the
  southeast corner thereof; then easterly along section lines to the northeast corner of Section 10, Township 4
  South, Range 9 East; then southerly along section lines to the southeast corner of Section 15, Township 4
  South, Range 9 East; then easterly along the section lines to the northeast corner of Section 21, Township 4
  South, Range 10 East; then southerly along the easterly line of Section 21 to the southeast corner thereof;
  then easterly along the northerly line of Section 27 to the northeast corner thereof; then southerly along
  section lines to the southeast corner of Section 34, Township 4 South, Range 10 East; then easterly along the
  township line to the northeast corner of Section 2, Township 5 South, Range 10 East; then southerly along the
  easterly line of Section 2, to the southeast corner thereof; then easterly along the northerly line of Section
  12 to the northeast corner thereof; then southerly along the range line to the southwest corner of Section 18,
  Township 5 South, Range 11 East; then easterly along section lines to the northeast corner of Section 24,
  Township 5 South, Range 11 East; and then southerly along the range line to the southeast corner of Section
  36, Township 8 South, Range 11 East, a point on the boundary line common to Riverside and San Diego Counties.

    (b) RFG covered areas based on being reclassified as Severe ozone
nonattainment areas under 42 U.S.C. 7511(b):

                                            Table 2 to Paragraph (b)
----------------------------------------------------------------------------------------------------------------
          Area designation              State or district              Counties             Independent cities
----------------------------------------------------------------------------------------------------------------
Washington, DC-Maryland-Virginia...  District of Columbia..  Washington.................  ......................
                                     Maryland..............  Calvert, Charles,            ......................
                                                              Frederick, Montgomery,
                                                              Prince George's.

                                     Virginia..............  Arlington, Fairfax,          Alexandria, Fairfax,
                                                              Loudoun, Prince William,     Falls Church,
                                                              Stafford.                    Manassas, Manassas
                                                                                Park.
Sacramento Metro...................  California............  Sacramento, Yolo, El Dorado  ......................
                                                              (except Lake Tahoe and its
                                                              drainage area), Placer,\1\
                                                              Solano,\2\ Sutter \3\.
San Joaquin Valley.................  California............  Fresno, Kings, Madera,       ......................
                                                              Merced, San Joaquin,
                                                              Stanislaus, Tulare, Kern
                                                              \4\.
----------------------------------------------------------------------------------------------------------------
\1\ All portions of Placer County except that portion of the County within the drainage area naturally tributary
  to Lake Tahoe including said Lake, plus that area in the vicinity of the head of the Truckee River described
  as follows: commencing at the point common to the aforementioned drainage area crestline and the line common
  to Townships 15 North and 16 North, Mount Diablo Base and Meridian (M.D.B.&M.), and following that line in a
  westerly direction to the northwest corner of Section 3, Township 15 North, Range 16 East, M.D.B.&M., thence
  south along the west line of Sections 3 and 10, Township 15 North, Range 16 East, M.D.B.&M., to the
  intersection with the said drainage area crestline, thence following the said drainage area boundary in a
  southeasterly, then northeasterly direction to and along the Lake Tahoe Dam, thence following the said
  drainage area crestline in a northeasterly, then northwesterly direction to the point of beginning.
\2\ That portion of Solano County that lies north and east of a line described as follows: beginning at the
  intersection of the westerly boundary of Solano County and the \1/4\ section line running east and west
  through the center of Section 34; T. 6 N., R. 2 W., M.D.B.&M. thence east along said \1/4\ section line to
  the east boundary of Section 36, T. 6 N., R. 2 W.; thence south \1/2\ mile and east 2.0 miles, more or less,
  along the west and south boundary of Los Putos Rancho to the northwest corner of Section 4, T. 5 N., R. 1 W.;
  thence east along a line common to T. 5 N. and T. 6 N. to the northeast corner of Section 3, T. 5 N., R. 1 E.;
  thence south along section lines to the southeast corner of Section 10, T. 3 N., R. 1 E.; thence east along
  section lines to the south \1/4\ corner of Section 8, T. 3 N., R. 2 E.; thence east to the boundary between
  Solano and Sacramento Counties.
\3\ That portion of Sutter County south of a line connecting the northern border of Yolo Co. to the SW tip of
  Yuba Co. and continuing along the southern Yuba Co. border to Placer Co.
\4\ Boundary between the Kern County and San Joaquin Valley air districts that generally follows the ridge line
  of the Sierra Nevada and Tehachapi Mountain Ranges. That portion of Kern County that lies west and north of a
  line described as follows: beginning at the Kern-Los Angeles County boundary and running north and east along
  the northwest boundary of the Rancho La Liebre Land Grant to the point of intersection with the range line
  common to Range 16 West and Range 17 West, San Bernardino Base and Meridian; north along the range line to the
  point of intersection with the Rancho El Tejon Land Grant boundary; then southeast, northeast, and northwest
  along the boundary of the Rancho El Tejon Grant to the northwest corner of Section 3, Township 11 North, Range
  17 West; then west 1.2 miles; then north to the Rancho El Tejon Land Grant boundary; then northwest along the
  Rancho El Tejon line to the southeast corner of Section 34, Township 32 South, Range 30 East, Mount Diablo
  Base and Meridian; then north to the northwest corner of Section 35, Township 31 South, Range 30 East; then
  northeast along the boundary of the Rancho El Tejon Land Grant to the southwest corner of Section 18, Township
  31 South, Range 31 East; then east to the southeast corner of Section 13, Township 31 South, Range 31 East;
  then north along the range line common to Range 31 East and Range 32 East, Mount Diablo Base and Meridian, to
  the northwest corner of Section 6, Township 29 South, Range 32 East; then east to the southwest corner of
  Section 31, Township 28 South, Range 32 East; then north along the range line common to Range 31 East and
  Range 32 East to the northwest corner of Section 6, Township 28 South, Range 32 East; then west to the
  southeast corner of Section 36, Township 27 South, Range 31 East; then north along the range line common to
  Range 31 East and Range 32 East to the Kern-Tulare County boundary.

    (c) RFG covered areas based on being classified ozone nonattainment
areas at the time that the state requested to opt into RFG under 42
U.S.C. 7545(k)(6)(A)(i):

                                            Table 3 to Paragraph (c)
----------------------------------------------------------------------------------------------------------------
Area designation at the time of opt-
                 in                           State                    Counties             Independent cities
----------------------------------------------------------------------------------------------------------------
Sussex County......................  Delaware..............  Sussex.....................  ......................
St. Louis, Missouri-Illinois.......  Illinois..............  Jersey, Madison, Monroe,     ......................
                                                              St. Clair.
                                     Missouri..............  Franklin, Jefferson, St.     St. Louis.
                                                              Charles, St. Louis.
Kentucky portion of Louisville.....  Kentucky..............  Jefferson, Bullitt,\1\       ......................
                                                              Oldham \2\.
Kent and Queen Anne's Counties.....  Maryland..............  Kent, Queen Anne's.........  ......................
Statewide..........................  Massachusetts.........  All........................  ......................
Strafford, Merrimack, Hillsborough,  New Hampshire.........  Hillsborough, Merrimack,     ......................
 Rockingham Counties.                                         Rockingham, Strafford.
Atlantic City......................  New Jersey............  Atlantic, Cape May.........  ......................
New Jersey portion of Allentown-     New Jersey............  Warren.....................  ......................
 Bethlehem-Easton.
Dutchess County....................  New York..............  Dutchess...................  ......................
Essex County.......................  New York..............  Essex (the portion of        ......................
                                                              Whiteface Mountain above
                                                              4,500 feet in elevation).
Statewide..........................  Rhode Island..........  All........................  ......................
Dallas-Fort Worth..................  Texas.................  Collin, Dallas, Denton,      ......................
                                                              Tarrant.
Norfolk-Virginia Beach, Newport      Virginia..............  James City, York...........  Chesapeake, Hampton,
 News (Hampton Roads).                                                                     Newport News,
                                                                                Norfolk, Poquoson,
                                                                                Portsmouth, Suffolk,
                                                                                Virginia Beach,
                                                                                Williamsburg.

Richmond...........................  Virginia..............  Charles City, Chesterfield,  Colonial Heights,
                                                              Hanover, Henrico.            Hopewell, Richmond.
----------------------------------------------------------------------------------------------------------------
\1\ In Bullitt County, KY, beginning at the intersection of Ky 1020 and the Jefferson-Bullitt County Line
  proceeding to the east along the county line to the intersection of county road 567 and the Jefferson-Bullitt
  County Line; proceeding south on county road 567 to the junction with Ky 1116 (also known as Zoneton Road);
  proceeding to the south on KY 1116 to the junction with Hebron Lane; proceeding to the south on Hebron Lane to
  Cedar Creek; proceeding south on Cedar Creek to the confluence of Floyds Fork turning southeast along a creek
  that meets Ky 44 at Stallings Cemetery; proceeding west along Ky 44 to the eastern most point in the
  Shepherdsville city limits; proceeding south along the Shepherdsville city limits to the Salt River and west
  to a point across the river from Mooney Lane; proceeding south along Mooney Lane to the junction of Ky 480;
  proceeding west on Ky 480 to the junction with Ky 2237; proceeding south on Ky 2237 to the junction with Ky 61
  and proceeding north on Ky 61 to the junction with Ky 1494; proceeding south on Ky 1494 to the junction with
  the perimeter of the Fort Knox Military Reservation; proceeding north along the military reservation perimeter
  to Castleman Branch Road; proceeding north on Castleman Branch Road to Ky 44; proceeding a very short distance
  west on Ky 44 to a junction with Ky 1020 and proceeding north on Ky 1020 to the beginning.
\2\ In Oldham County, KY, beginning at the intersection of the Oldham-Jefferson County Line with the southbound
  lane of Interstate 71; proceeding to the northeast along the southbound lane of Interstate 71 to the
  intersection of Ky 329 and the southbound lane of Interstate 71; proceeding to the northwest on Ky 329 to the
  intersection of Zaring Road on Ky 329; proceeding to the east-northeast on Zaring Road to the junction of
  Cedar Point Road and Zaring Road; proceeding to the north-northeast on Cedar Point Road to the junction of Ky
  393 and Cedar Point Road; proceeding to the south-southeast on Ky 393 to the junction of county road 746 (the
  road on the north side of Reformatory Lake and the Reformatory); proceeding to the east-northeast on county
  road 746 to the junction with Dawkins Lane (also known as Saddlers Mill Road) and county road 746; Proceeding
  to follow an electric power line east-northeast across from the junction of county road 746 and Dawkins Lane
  to the east-northeast across Ky 53 on to the La Grange Water Filtration Plant; proceeding on to the east-
  southeast along the power line then south across Fort Pickens Road to a power substation on Ky 146; proceeding
  along the power line south across Ky 146 and the Seaboard System Railroad track to adjoin the incorporated
  city limits of La Grange; then proceeding east then south along the La Grange city limits to a point abutting
  the north side of Ky 712; proceeding east-southeast on Ky 712 to the junction of Massie School Road and Ky
  712; proceeding to the south-southwest and then north-northwest on Massie School Road to the junction of Ky 53
  and Massie School Road; proceeding on Ky 53 to the north-northwest to the junction of Moody Lane and Ky 53;
  proceeding on Moody Lane to the south-southwest until meeting the city limits of La Grange; then briefly
  proceeding north following the La Grange city limits to the intersection of the northbound lane of Interstate
  71 and the La Grange city limits; proceeding southwest on the northbound lane of Interstate 71 until
  intersecting with the North Fork of Currys Fork; proceeding south-southwest beyond the confluence of Currys
  Fork to the south-southwest beyond the confluence of Floyds Fork continuing on to the Oldham-Jefferson County
  Line and proceeding northwest along the Oldham-Jefferson County Line to the beginning.

    (d) RFG covered area that is located in the ozone transport region
established by 42 U.S.C. 7511c(a) that a state has requested to opt
into RFG under 42 U.S.C. 7545(k)(6)(B)(i)(I):

                                            Table 4 to Paragraph (d)
----------------------------------------------------------------------------------------------------------------
                                State                                                  Counties
----------------------------------------------------------------------------------------------------------------
Maine...............................................................  Androscoggin, Cumberland, Kennebec, Knox,
                                                                       Lincoln, Sagadahoc, York.
----------------------------------------------------------------------------------------------------------------

Sec.  1090.275   Changes to RFG covered areas and procedures for opting
out of RFG.

    (a) New RFG covered areas. (1) Effective 1 year after an area has
been reclassified as a Severe ozone nonattainment area under 42 U.S.C.
7511(b), such Severe area becomes a covered area under the RFG program
as required by 42 U.S.C. 7545(k)(10)(D). The geographic extent of each
such covered area must be the nonattainment area boundaries as
specified in 40 CFR part 81, subpart C, for the ozone NAAQS that was
the subject of the reclassification.
    (2) Any classified ozone nonattainment area identified in 40 CFR
part 81, subpart C, as Marginal, Moderate, Serious, or Severe may be
included as a covered area upon the request of the governor of the
state in which the area is located. EPA must:
    (i) Publish the governor's request in the Federal Register upon
receipt.
    (ii) Establish an effective date that is not later than 1 year
after the request is received unless EPA determines that there is
insufficient capacity to supply RFG as governed by 42 U.S.C.
7545(k)(6)(A)(ii).
    (3) Any ozone attainment area in the ozone transport region
established by 42 U.S.C. 7511c(a) may be included as a covered area
upon petition by the governor of the state in which the area is located
as governed by 42 U.S.C. 7545(k)(6)(B)(i). EPA must:
    (i) Publish the governor's request in the Federal Register as soon
as practicable after it is received.
    (ii) Establish an effective date that is not later than 180 days
after the request is received unless EPA determines that there is
insufficient capacity to supply RFG as governed by 42 U.S.C.
7545(k)(6)(B)(iii).
    (b) Opting out of RFG. Any area that opted into RFG under 42 U.S.C.
7545(k)(6)(A) or (B) and has not subsequently been reclassified as a
Severe ozone nonattainment area may opt out of RFG using the opt-out
procedure in paragraph (d) of this section.
    (c) Eligibility for opting out of RFG. The governor of the state in
which any covered area under 42 U.S.C. 7545(k)(10)(D) is located may
request that EPA remove the prohibition specified in 42 U.S.C.
7545(k)(5) in such area by following the opt-out procedure specified in
paragraph (d) of this section upon one of the following:
    (1) Redesignation to attainment for such area for the most
stringent ozone NAAQS in effect at the time of redesignation.
    (2) Designation as an attainment area for the most stringent ozone
NAAQS in effect at the time of the designation. The area must also be
redesignated to attainment for the prior ozone NAAQS.
    (d) Procedure for opting out of RFG. EPA may approve a request from
a state asking for removal of any RFG opt-in area, or portion of an RFG
opt-in area, from inclusion as a covered area listed in Sec.
1090.270(c) and (d), if it meets the requirements of paragraph (d)(1)
of this section. If EPA approves such a request, an effective date will
be set as specified

in paragraph (d)(2) of this section. EPA will notify the state in
writing of EPA's action on the request and the effective date of the
removal when the request is approved.
    (1) An opt-out request must be signed by the governor of a state,
or their authorized representative, and must include all the following:
    (i) A geographic description of each RFG opt-in area, or portion of
each RFG opt-in area, which is covered by the request.
    (ii) A description of all ways in which emissions reductions from
RFG are relied upon in any approved SIP or any submitted SIP that has
not yet been approved by EPA.
    (iii) For any RFG opt-in areas covered by the request where
emissions reductions from RFG are relied upon as specified in paragraph
(d)(1)(ii) of this section, the request must include all the following
information:
    (A) Identify whether the state is withdrawing any submitted SIP
that has not yet been approved.
    (B)(1) Identify whether the state intends to submit a SIP revision
to any approved SIP or any submitted SIP that has not yet been
approved, which relies on emissions reductions from RFG, and describe
any control measures that the state plans to submit to EPA for approval
to replace the emissions reductions from RFG.
    (2) A description of the state's plans and schedule for adopting
and submitting any revision to any approved SIP or any submitted SIP
that has not yet been approved.
    (C) If the state is not withdrawing any submitted SIP that has not
yet been approved and does not intend to submit a revision to any
approved SIP or any submitted SIP that has not yet been approved,
describe why no revision is necessary.
    (iv) The governor of a state, or their authorized representative,
must submit additional information upon request by EPA.
    (2)(i) Except as specified in paragraph (d)(2)(ii) of this section,
EPA will set an effective date of the RFG opt-out as requested by the
governor, but no less than 90 days from EPA's written notification to
the state approving the RFG opt-out request.
    (ii) Where emissions reductions from RFG are included in an
approved SIP or any submitted SIP that has not yet been approved, other
than as a contingency measure consisting of a future opt-in to RFG, EPA
will set an effective date of the RFG opt-out as requested by the
governor, but no less than 90 days from the effective date of EPA
approval of the SIP revision that removes the emissions reductions from
RFG, and, if necessary, provides emissions reductions to make up for
those from RFG opt-out.
    (iii) Notwithstanding the provisions of paragraphs (d)(2)(i) and
(ii) of this section, for an area in the ozone transport region that
opted into RFG under 42 U.S.C. 7545(k)(6)(B), EPA will not set the
effective date for removal of the area earlier than 4 years after the
commencement date of opt-in.
    (4) EPA will publish a notice in the Federal Register announcing
the approval of any RFG opt-out request and its effective date.
    (5) Upon the effective date for the removal of any RFG opt-in area
or portion of an RFG opt-in area included in an approved request, such
geographic area will no longer be considered an RFG covered area.
    (e) Revising list of RFG covered areas. EPA will periodically
publish a final rule revising the list of RFG covered areas in Sec.
1090.270.

Sec.  1090.280   Procedures for relaxing the federal 7.8 psi RVP
standard.

    (a) EPA may approve a request from a state asking for relaxation of
the federal 7.8 psi gasoline standard for any area, or portion of an
area, required to use such gasoline, if it meets the requirements of
paragraph (b) of this section. If EPA approves such a request, an
effective date will be set as specified in paragraph (c) of this
section. EPA will notify the state in writing of EPA's action on the
request and the effective date of the relaxation when the request is
approved.
    (b) The request must be signed by the governor of the state, or
their authorized representative, and must include all the following:
    (1) A geographic description of each federal 7.8 psi gasoline area,
or portion of such area, which is covered by the request.
    (2) A description of all ways in which emissions reduction from the
federal 7.8 psi gasoline are relied upon in any approved SIP or in any
submitted SIP that has not yet been approved by EPA.
    (3) For any federal 7.8 psi gasoline area covered by the request
where emissions reductions from the federal 7.8 psi gasoline are relied
upon as specified in paragraph (b)(2) of this section, the request must
include the following information:
    (i) Identify whether the state is withdrawing any submitted SIP
that has not yet been approved.
    (ii)(A) Identify whether the state intends to submit a SIP revision
to any approved SIP or any submitted SIP that has not yet been
approved, which relies on emissions reductions from federal 7.8 psi
gasoline, and describe any control measures that the state plans to
submit to EPA for approval to replace the emissions reductions from
federal 7.8 psi gasoline.
    (B) A description of the state's plans and schedule for adopting
and submitting any revision to any approved SIP or any submitted SIP
that has not yet been approved.
    (iii) If the state is not withdrawing any submitted SIP that has
not yet been approved and does not intend to submit a revision to any
approved SIP or any submitted SIP that has not yet been approved,
describe why no revision is necessary.
    (4) The governor of a state, or their authorized representative,
must submit additional information upon request by EPA.
    (c)(1) Except as specified in paragraph (c)(2) of this section, EPA
will set an effective date of the relaxation of the federal 7.8 psi
gasoline standard as requested by the governor, but no less than 90
days from EPA's written notification to the state approving the
relaxation request.
    (2) Where emissions reductions from the federal 7.8 psi gasoline
are included in an approved SIP or any submitted SIP that has not yet
been approved, EPA will set an effective date of the relaxation of the
federal 7.8 psi gasoline standard as requested by the governor, but no
less than 90 days from the effective date of EPA approval of the SIP
revision that removes the emissions reductions from the federal 7.8 psi
gasoline, and, if necessary, provides emissions reductions to make up
for those from the federal 7.8 psi gasoline relaxation.
    (d) EPA will publish a notice in the Federal Register announcing
the approval of any federal 7.8 psi gasoline relaxation request and its
effective date.
    (e) Upon the effective date for the relaxation of the federal 7.8
psi gasoline standard in a subject area or portion of a subject area
included in an approved request, such geographic area will no longer be
considered a federal 7.8 psi gasoline area.
    (f) EPA will periodically publish a final rule revising the list of
areas subject to the federal 7.8 psi gasoline standard in Sec.
1090.215(a)(1).

Subpart D--Diesel Fuel and ECA Marine Fuel Standards

Sec.  1090.300   Overview and general requirements.

    (a) Diesel fuel is subject to the ULSD standards in Sec.  1090.305,
except as follows:
    (1) Alternative sulfur standards apply for 500 ppm LM diesel fuel
and ECA

marine fuel as specified in Sec. Sec.  1090.320 and 1090.325,
respectively.
    (2) Exemption provisions apply as specified in subpart G of this
part.
    (b) Diesel fuel additives must meet the requirements in Sec.
1090.310.
    (c) Diesel fuel manufacturers and diesel fuel additive
manufacturers must demonstrate compliance with the standards in this
subpart by measuring fuel parameters in accordance with subpart M of
this part.
    (d) All the standards in this part apply to diesel fuel and diesel
fuel additives on a per-gallon basis.
    (e)(1) No person may produce, import, sell, offer for sale,
distribute, offer to distribute, supply, offer for supply, dispense,
store, transport, or introduce into commerce any diesel fuel, ECA
marine fuel, or diesel fuel additive that exceeds any standard set
forth in this subpart.
    (2) Notwithstanding paragraph (e)(1) of this section, importers may
import diesel fuel that does not comply with the standards set forth in
this subpart if all the following conditions are met:
    (i) The importer offloads the imported diesel fuel into one or more
tanks that are physically located at the same import facility at which
the imported diesel fuel first arrives in the United States or at a
facility to which the imported diesel fuel is directly transported from
the import facility at which the imported diesel fuel first arrived in
the United States.
    (ii) The importer uses the imported diesel fuel to produce one or
more new batches of diesel fuel.
    (iii) The importer certifies the new batch of diesel fuel under
Sec.  1090.1100(c) and demonstrates that it complies with the standards
in this subpart by measuring fuel parameters in accordance with subpart
M of this part before title or custody to any new batch of diesel fuel
is transferred.
    (f) 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 motor vehicles or engines or model year 2011 or later
nonroad diesel vehicles or engines (not including locomotive or marine
diesel engines).

Sec.  1090.305   ULSD standards.

    (a) Overview. Except as specified in Sec.  1090.300(a)(1) and (2),
diesel fuel must meet the ULSD per-gallon standards of this section.
    (b) Sulfur standard. Maximum sulfur content of 15 ppm.
    (c) Cetane index or aromatic content. Diesel fuel must meet one of
the following standards:
    (1) Minimum cetane index of 40.
    (2) Maximum aromatic content 35 volume percent.

Sec.  1090.310   Diesel fuel additives standards.

    This section specifies how the ULSD sulfur standard applies to
additives blended into diesel fuel that is subject to the standards in
Sec.  1090.305.
    (a) Except as specified in paragraph (b) and (c) of this section,
diesel fuel additives must have a sulfur concentration less than or
equal to 15 ppm on a per-gallon basis.
    (b) Diesel fuel additives do not have to comply with paragraph (a)
of this section if all the following conditions are met:
    (1) The additive is added to or used in diesel fuel in a quantity
less than 1.0 volume percent of the resultant additive/diesel fuel
mixture.
    (2) The PTD complies with the requirements in Sec.  1090.1170(b).
    (3) The additive is not commercially available as a retail product
for ultimate consumers.
    (c) The provisions of this section do not apply to additives used
with 500 ppm LM diesel fuel or ECA marine fuel.

Sec.  1090.315   Heating oil, kerosene, and jet fuel provisions.

    Heating oil, kerosene, and jet fuel may not be sold for use in
motor vehicles or non-road equipment and are not subject to the ULSD
standards in Sec.  1090.305 unless also designated as ULSD under Sec.
1090.1115(a).

Sec.  1090.320   500 ppm LM diesel fuel standards.

    (a) Overview. Transmix processors and pipeline operators that
produce and distribute 500 ppm LM diesel fuel under Sec.  1090.520 for
use only in the eligible locomotives and marine engines must meet the
per-gallon standards of this section.
    (b) Sulfur standard. Maximum sulfur content of 500 ppm.
    (c) Cetane index or aromatic content. The standard for cetane index
or aromatic content in Sec.  1090.305(c) applies to 500 ppm LM diesel
fuel.

Sec.  1090.325   ECA marine fuel standards.

    (a) Overview. Expect as specified in paragraph (c) of this section,
ECA marine fuel must meet the per-gallon standards and provisions of
this section.
    (b) Standards. ECA marine fuel is subject to the following per-
gallon standards.
    (1) Sulfur per-gallon standard. Maximum sulfur content of 1,000
ppm.
    (2) [Reserved]
    (c) Exceptions. The standards in paragraph (b) of this section do
not apply to the following:
    (1) Residual fuel made available for use in a steamship or C3
marine vessel if the U.S. government allows the vessel to be exempt or
excluded from MARPOL Annex VI fuel standards. Diesel fuel and other
distillate fuel used in diesel engines operated on such vessels is
subject to the standards in this section instead of the standards in
Sec.  1090.305 or Sec.  1090.320.
    (2) Distillate global marine fuel that is exempt under Sec.
1090.650.

Subpart E--Reserved

Subpart F--Transmix and Pipeline Interface Provisions

Sec.  1090.500   Scope.

    (a) This subpart contains provisions for transmix blenders,
transmix processors, and distributors that produce and distribute the
specified fuels from transmix.
    (b) Any person other than a transmix blender that uses the
provisions of this subpart must be registered with EPA under subpart I
of this part.

Sec.  1090.505   Gasoline produced from blending transmix into PCG.

    (a) Except as specified in paragraph (f) of this section, transmix
blenders who blend transmix into PCG under Sec.  1090.150 must comply
with the requirements of this section.
    (b)(1) The resultant transmix-blended gasoline must not exceed a
distillation end-point of 437 degrees Fahrenheit.
    (2) The resultant transmix-blended gasoline must meet the
downstream sulfur per-gallon standard in Sec.  1090.205(c) and the
applicable RVP standard in Sec.  1090.215.
    (3) The transmix blender must comply with the recordkeeping
requirements in Sec.  1090.1255.
    (4) The transmix blender must maintain and follow a written quality
assurance program designed to assure that the type and amount of
transmix blended into PCG will not cause violations of the applicable
fuel quality standards.
    (c) Except as specified in paragraph (d) of this section, as a part
of the quality assurance program, transmix blenders must collect
samples of gasoline after blending transmix and test the samples to
ensure the end-point temperature of the final transmix-blended gasoline
does not exceed 437 degrees Fahrenheit, using one of the following
sampling methods:
    (1) For transmix that is blended in a tank (including a tank on a
barge), collect a representative sample of the final transmix-blended
gasoline following each occasion transmix is blended.
    (2) For transmix that is blended by a computer controlled in-line
blending

system, the transmix blender must collect composite samples of the
final transmix-blended gasoline at least twice each calendar month
during which transmix is blended. In-line samples may be collected to
comply with the requirements of this paragraph if the applicable
requirements in paragraph (d)(2) of this section are met.
    (d) Any transmix blender may petition EPA for approval of a quality
assurance program that does not include the minimum sampling and
testing requirements in paragraph (c) of this section. To seek approval
for such an alternative quality assurance program, the transmix blender
must submit a petition to EPA that includes all the following:
    (1) A detailed description of the quality assurance procedures to
be carried out at each location where transmix is blended into PCG,
including a description of how the transmix blender proposes to
determine the ratio of transmix that can be blended with PCG without
violating any of the applicable standards in this part, and a
description of how the transmix blender proposes to determine that the
gasoline produced by the transmix blending operation meets the
applicable standards.
    (2) If the transmix is blended by a computer controlled in-line
blending system, the transmix blender must also include the information
required for refiners related to the approval by EPA of the use of an
in-line blending system under Sec.  1090.1315.
    (3) A letter signed by the RCO or their delegate stating that the
information contained in the submission is true to the best of their
belief must accompany the petition.
    (4) Transmix blenders that petition EPA to use an alternative
quality assurance program must comply with any request by EPA for
additional information or any other requirements that EPA includes as
part of EPA's evaluation of the petition. However, the transmix blender
may withdraw their petition or approved use of an alternative quality
assurance program at any time, upon notice to EPA.
    (5) EPA reserves the right to modify the requirements of an
approved alternative quality assurance program, in whole or in part, at
any time, or withdraw approval of such an alternative quality assurance
program if EPA determines that the transmix blender's operation does
not effectively or adequately control, monitor, or document the end-
point temperature of the gasoline produced, or if EPA determines that
any other circumstance exists that merits modification of the
requirements of an approved alternative quality assurance program.
    (e) In the event that the test results for any sample collected
under a quality assurance program indicate that the gasoline does not
comply with any of the applicable standards in this part, the transmix
blender must do all the following:
    (1) Immediately take steps to stop the sale of the gasoline that
was sampled.
    (2) Take reasonable steps to determine the cause of the
noncompliance and prevent future instances of noncompliance.
    (3) Notify EPA of the noncompliance.
    (4) If the transmix was blended by a computer controlled in-line
blending system, increase the rate of sampling and testing to a minimum
frequency of once per week and a maximum frequency of once per day and
continue the increased frequency of sampling and testing until the
results of 10 consecutive samples and tests indicate that the gasoline
complies with applicable standards, at which time the sampling and
testing may be conducted at the original frequency.
    (f) Small volumes of fuel that are captured in pipeline sumps or
trapped in pipeline pumps or valve manifolds and that are injected back
into batches of gasoline or diesel fuel are exempt from the transmix
blending requirements in this section.

Sec.  1090.510   Gasoline produced from TGP.

    (a) General provisions. (1) Transmix processors who produce
gasoline from TGP under Sec.  1090.145 must meet the requirements of
this section.
    (2) Transmix processors may not use any feedstock other than
transmix to produce TGP or TDP.
    (3) Transmix processors may produce gasoline using only TGP, a
combination of TGP and PCG, a combination of TGP and blendstock(s), or
a combination TGP, PCG, and blendstock(s) under the provisions of this
section.
    (b) Demonstration of compliance with sulfur per-gallon standard.
Transmix processors must demonstrate that each batch of gasoline they
produce meets one of the following sulfur standards, as applicable, by
measuring the sulfur content of each batch of gasoline in accordance
with subpart M of this part:
    (1) Each batch of gasoline produced solely from TGP or a
combination of TGP and PCG must comply with the downstream sulfur per-
gallon standard in Sec.  1090.205(c).
    (2) Each batch of gasoline produced from a combination of TGP and
any blendstock must comply with the fuel manufacturing facility gate
sulfur per-gallon standard in Sec.  1090.205(b).
    (c) Demonstration of compliance with sulfur and benzene average
standards. (1) Transmix processors must exclude TGP and PCG used to
produce gasoline under the provisions of this section and PCG blended
with TGP from their compliance calculations to demonstrate compliance
with the sulfur and benzene average standards in Sec. Sec.  1090.205(a)
and 1090.210, respectively. Transmix processors that produce gasoline
from only TGP or TGP and PCG are deemed to be in compliance with the
sulfur and benzene average standards in Sec. Sec.  1090.205(a) and
1090.210, respectively.
    (2) Transmix processors must include any blendstocks other than TGP
and exclude any TGP and PCG used to produce gasoline under the
provisions of this section in calculations to demonstrate compliance
with the sulfur and benzene average standards in Sec. Sec.  1090.205(a)
and 1090.210, respectively.
    (3) Transmix processors must comply with the provisions in Sec.
1090.1325 for gasoline produced by adding blendstock to TGP.
    (d) Demonstration of compliance with RVP standard. Transmix
processors must demonstrate that each batch of gasoline they produce
meets the applicable RVP standard in Sec.  1090.215 by measuring the
RVP of each batch in accordance with subpart M of this part.
    (e) Distillation point determination. Transmix processors must
determine the following distillation parameters for each batch of
gasoline they produce in accordance with subpart M of this part:
    (1) T10.
    (2) T50.
    (3) T90.
    (4) End-point.
    (5) Distillation residue.

Sec.  1090.515   ULSD produced from TDP.

    Except as specified in Sec.  1090.520, transmix processors must
demonstrate that each batch of diesel fuel produced from TDP meets the
ULSD standards in Sec.  1090.305 by measuring the sulfur content of
each batch of diesel fuel in accordance with subpart M of this part.

Sec.  1090.520   500 ppm LM diesel fuel produced from TDP.

    (a) Overview. Transmix processors who produce 500 ppm LM diesel
fuel from TDP must comply with the requirements of this section and the
standards for 500 ppm LM diesel fuel specified in Sec.  1090.320.
    (b) Blending component limitation. Transmix processors may only use
the following components to produce 500 ppm LM diesel fuel:
    (1) TDP.

    (2) ULSD.
    (3) Diesel fuel additives that comply with the requirements in
Sec.  1090.310.
    (c) Volume requirements. Parties that handle 500 ppm LM diesel fuel
must calculate the volume of 500 ppm LM diesel fuel received versus the
volume delivered and used on a compliance period basis. An increase in
the volume of 500 ppm LM diesel fuel delivered compared to the volume
received must be due solely to one or more of the following:
    (1) Normal pipeline interface cutting practices under paragraph
(e)(1) of this section.
    (2) Thermal expansion due to a temperature difference between the
times when the volume of 500 ppm LM diesel fuel received and the volume
of 500 ppm LM diesel fuel delivered were measured.
    (3) The addition of ULSD to a retail outlet or WPC 500 ppm LM
diesel fuel storage tank under paragraph (e)(2) of this section.
    (d) Use restrictions. 500 ppm LM diesel fuel may only be used in
locomotive and marine engines that are not required to use ULSD under
40 CFR 1033.815 and 40 CFR 1042.660, respectively. No person may use
500 ppm LM diesel fuel in locomotive or marine engines that are
required to use ULSD, in any nonroad vehicle or engine, or in any motor
vehicle engine.
    (e) Segregation requirement. Transmix processors and distributors
must segregate 500 ppm LM diesel fuel from other fuels except as
follows:
    (1) Pipeline operators may ship 500 ppm LM diesel fuel by pipeline
provided that the 500 ppm LM diesel fuel does not come into physical
contact in the pipeline with distillate fuels that have a sulfur
content greater than 15 ppm. If 500 ppm LM diesel fuel is shipped by
pipeline adjacent to ULSD, the pipeline operator must cut ULSD into the
500 ppm LM diesel fuel.
    (2) WPCs and retailers of 500 ppm LM diesel fuel may introduce ULSD
into a storage tank that contains 500 ppm LM diesel fuel, provided that
the other requirements of this section are satisfied. The resulting
mixture must be designated as 500 ppm LM diesel fuel.
    (f) Party limit. No more than 4 separate parties may handle the 500
ppm LM diesel fuel between the producer and the ultimate consumer.
    (g) Compliance plan. For each facility, a transmix processor that
produces 500 ppm LM diesel fuel must obtain approval from EPA for a
compliance plan at least 60 days prior to producing 500 ppm LM diesel
fuel. The compliance plan must detail how the transmix processor
intends to meet all the following requirements:
    (1) Demonstrate how the 500 ppm LM diesel fuel will be segregated
by the producer through to the ultimate consumer from fuel having other
designations under paragraph (e) of this section.
    (2) Demonstrate that the end users of 500 ppm LM diesel fuel will
also have access to ULSD for use in those engines that require ULSD.
    (3) Identify the parties that handle the 500 ppm LM diesel fuel
through to the ultimate consumer.
    (4) Identify all ultimate consumers that are supplied with the 500
ppm LM diesel fuel.
    (5) Demonstrate how misfueling of 500 ppm LM diesel fuel into
vehicles, engines, or equipment that require the use of ULSD will be
prevented.
    (6) Include an EPA registration number.

Sec.  1090.525   Handling practices for pipeline interface that is not
transmix.

    (a) Subject to the limitations in paragraph (b) of this section,
pipeline operators may cut pipeline interface from two batches of
gasoline subject to EPA standards that are shipped adjacent to each
other by pipeline into either or both these batches of gasoline
provided that this action does not cause or contribute to a violation
of the standards in this part.
    (b) During the summer season, pipeline operators may not cut
pipeline interface from two batches of gasoline subject to different
RVP standards that are shipped adjacent to each other by pipeline into
the gasoline batch that is subject to the more stringent RVP standard.
For example, during the summer season, pipeline operators may not cut
pipeline interface from a batch of RFG shipped adjacent to a batch of
conventional gasoline into the batch of RFG.
    (c) 500 ppm LM diesel fuel may be shipped via pipeline as specified
in Sec.  1090.520(e)(1).

Subpart G--Exemptions, Hardships, and Special Provisions

Sec.  1090.600   General provisions.

    (a) Gasoline, diesel fuel, or IMO marine fuel that is exempt under
this section is exempt from all other provisions of this part, unless
otherwise stated.
    (b) Fuel not meeting all the requirements and conditions specified
in this subpart for an exemption is subject to all applicable standards
and requirements of this part.

Sec.  1090.605   National security and military use exemptions.

    (a) Fuel, fuel additive, and 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 and marine
engines, are exempt from the standards specified in this part:
    (1) Tactical military vehicles, engines, or equipment, including
locomotive and marine engines, that have an EPA national security
exemption from the motor vehicle emission standards under 40 CFR parts
85 or 86, or from the nonroad engine emission standards under 40 CFR
parts 89, 92, 94, 1042, or 1068.
    (2) Tactical military vehicles, engines, or equipment, including
locomotive and marine engines, that are not subject to a national
security exemption from vehicle or engine emissions standards specified
in paragraph (a)(1) of this section but, for national security purposes
(e.g., for purposes of readiness, including training, for deployment
overseas), need to be fueled on the same fuel as the vehicles, engines,
or equipment that EPA has granted such a national security exemption.
    (b) The exempt fuel must meet all the following requirements:
    (1) It must be accompanied by PTDs meeting the requirements of
subpart K of this part.
    (2) It must be segregated from non-exempt fuel at all points in the
distribution system.
    (3) It must be dispensed from a fuel pump stand, fueling truck, or
tank that is labeled with the appropriate designation of the fuel.
    (4) It may not be used in any vehicles, engines, or equipment,
including locomotive and marine engines, other than those specified in
paragraph (a) of this section.

Sec.  1090.610   Temporary research, development, and testing
exemptions.

    (a) Requests for an exemption. (1) Any person may receive an
exemption from the provisions of this part for fuel used for research,
development, or testing (``R&D'') purposes by submitting the
information specified in paragraph (c) of this section as specified in
Sec.  1090.10.
    (2) Any person that is performing 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 provisions of this part for the fuel they are using for emissions
certification testing if they

have an exemption under 40 CFR parts 85 and 86 to perform such testing.
    (b) Criteria for an R&D exemption. For an R&D exemption to be
granted, the person requesting an exemption must meet all the following
conditions:
    (1) Demonstrate a purpose that constitutes an appropriate basis for
exemption.
    (2) Demonstrate that an exemption is necessary.
    (3) Design an R&D program that is reasonable in scope.
    (4) Have a degree of control consistent with the purpose of the
program and EPA's monitoring requirements.
    (c) Information required to be submitted. To aid in demonstrating
each of the elements in paragraph (b) of this section, the person
requesting an exemption must include, at a minimum, all the following
information:
    (1) A concise statement of the purpose of the program demonstrating
that the program has an appropriate R&D purpose.
    (2) An explanation of why the stated purpose of the program 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
program, including all the following:
    (i) An estimate of the program's duration in time (including
beginning and ending dates).
    (ii) An estimate of the maximum number of vehicles, engines, 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 vehicles, engines, or
equipment used in the program will be recorded and made available to
EPA upon request.
    (iv) The quantity of the fuel that does not comply with the
requirements of this part, as applicable.
    (v) The specific applicable standard(s) of this part that would
apply to the fuel expected to be used in the program.
    (4) With regard to control, a demonstration that the program
affords EPA a monitoring capability, including all the following:
    (i) A description of the technical and operational aspects of the
program.
    (ii) The site(s) of the program (including facility name, street
address, city, county, state, and ZIP code).
    (iii) The manner in which information on vehicles, engines, and
equipment used in the program will be recorded and made available to
EPA upon request.
    (iv) The manner in which information on the fuel used in the
program (including quantity, fuel properties, name, address, telephone
number, and contact person of the supplier, and the date received from
the supplier) will be recorded and made available to EPA upon request.
    (v) The manner in which the party will ensure that the fuel will be
segregated from fuel meeting the requirements of subparts C and D of
this part, as applicable, and how fuel pumps will be labeled to ensure
proper use of the fuel.
    (vi) The name, business address, telephone number, and title of the
person(s) in the organization requesting an exemption from whom further
information on the application may be obtained.
    (vii) The name, business address, telephone number, and title of
the person(s) in the organization requesting an exemption who is
responsible for recording and making available the information
specified in this paragraph, and the location where such information
will be maintained.
    (viii) Any other information requested by EPA to determine whether
the test program satisfies the criteria of paragraph (b) of this
section.
    (d) Additional requirements. (1) The PTDs associated with fuel must
comply with subpart K of this part.
    (2) The fuel must be designated by the fuel manufacturer or
supplier, as applicable, as exempt fuel.
    (3) The fuel must be kept segregated from non-exempt fuel at all
points in the distribution system.
    (4) The fuel must not be sold, distributed, offered for sale or
distribution, dispensed, supplied, offered for supply, transported to
or from, or stored by a fuel retail outlet, or by a WPC facility,
unless the WPC facility is associated with the R&D program that uses
the fuel.