PART 1090 -- REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS

Subpart A -- General Provisions
§1090.1 Applicability and relationship to other parts.
§1090.5 Implementation dates.
§1090.10 Contacting EPA.
§1090.15 Confidential business information.
§1090.20 Approval of submissions under this part.
§1090.50 Rounding.
§1090.55 Requirements for independent parties.
§1090.80 Definitions.
§1090.85 Explanatory terms.
§1090.90 Acronyms and abbreviations.
§1090.95 Incorporation by reference.
Subpart B -- General Requirements and Provisions for Regulated Parties
§1090.100 General provisions.
§1090.105 Fuel manufacturers.
§1090.110 Detergent blenders.
§1090.115 Oxygenate blenders.
§1090.120 Oxygenate producers.
§1090.125 Certified butane producers.
§1090.130 Certified butane blenders.
§1090.135 Certified pentane producers.
§1090.140 Certified pentane blenders.
§1090.145 Transmix processors.
§1090.150 Transmix blenders.
§1090.155 Fuel additive manufacturers.
§1090.160 Distributors, carriers, and resellers.
§1090.165 Retailers and WPCs.
§1090.170 Independent surveyors.
§1090.175 Auditors.
§1090.180 Pipeline operators.
Subpart C -- Gasoline Standards
§1090.200 Overview and general requirements.
§1090.205 Sulfur standards.
§1090.210 Benzene standards.
§1090.215 Gasoline RVP standards.
§1090.220 Certified butane standards.
§1090.225 Certified pentane standards.
§1090.230 Gasoline oxygenate standards.
§1090.235 Ethanol denaturant standards.
§1090.240 Gasoline deposit control standards.
§1090.245 RFG standards.
§1090.250 Anti-dumping standards.
§1090.255 Gasoline additive standards.
§1090.260 Gasoline substantially similar provisions.
§1090.265 Requirements for E15.
§1090.270 RFG covered areas.
§1090.275 Changes to RFG covered areas and procedures for opting out of RFG.
§1090.280 Procedures for relaxing the federal 7.8 psi RVP standard.
Subpart D -- Diesel Fuel and ECA Marine Fuel Standards
§1090.300 Overview and general requirements.
§1090.305 ULSD standards.
§1090.310 Diesel fuel additives standards.
§1090.315 Heating oil, kerosene, and jet fuel provisions.
§1090.320 500 ppm LM diesel fuel standards.
§1090.325 ECA marine fuel standards.
Subpart E -- Reserved
Subpart F -- Transmix and Pipeline Interface Provisions
§1090.500 Scope.
§1090.505 Gasoline produced from blending transmix into PCG.
§1090.510 Gasoline produced from TGP.
§1090.515 ULSD produced from TDP.
§1090.520 500 ppm LM diesel fuel produced from TDP.
§1090.525 Handling practices for pipeline interface that is not transmix.
Subpart G -- Exemptions, Hardships, and Special Provisions
§1090.600 General provisions.
§1090.605 National security and military use exemptions.
§1090.610 Temporary research, development, and testing exemptions.
§1090.615 Racing and aviation exemptions.
§1090.620 Exemptions for Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
§1090.625 Exemptions for California gasoline and diesel fuel.
§1090.630 Exemptions for Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands summer gasoline.
§1090.635 Refinery extreme unforeseen hardship exemption.
§1090.640 Exemptions from the gasoline deposit control requirements.
§1090.645 Exemption for exports of fuels, fuel additives, and regulated blendstocks.
§1090.650 Distillate global marine fuel exemption.
Subpart H -- Averaging, Banking, and Trading Provisions
§1090.700 Compliance with average standards.
§1090.705 Facility level compliance.
§1090.710 Downstream oxygenate accounting.
§1090.715 Deficit carryforward.
§1090.720 Credit use.
§1090.725 Credit generation.
§1090.730 Credit transfers.
§1090.735 Invalid credits and remedial actions.
§1090.740 Downstream BOB recertification.
§1090.745 Informational annual average calculations.
Subpart I -- Registration
§1090.800 General provisions.
§1090.805 Contents of registration.
§1090.810 Voluntary cancellation of company or facility registration.
§1090.815 Deactivation (involuntary cancellation) of registration.
§1090.820 Changes of ownership.
Subpart J -- Reporting
§1090.900 General provisions.
§1090.905 Annual, batch, and credit transaction reporting for gasoline manufacturers.
§1090.910 Reporting for gasoline manufacturers that recertify BOB to gasoline.
§1090.915 Batch reporting for oxygenate producers and importers.
§1090.920 Reports by certified pentane producers.
§1090.925 Reports by independent surveyors.
§1090.930 Reports by auditors.
§1090.935 Reports by diesel manufacturers.
Subpart K -- Batch Certification, Designation, and Product Transfer Documents
BATCH CERTIFICATION AND DESIGNATION
§1090.1100 Batch certification requirements.
§1090.1105 Designation of batches of fuels, fuel additives, and regulated blendstocks.
§1090.1110 Designation requirements for gasoline.
§1090.1115 Designation requirements for diesel and distillate fuels.
§1090.1120 Batch numbering.
PRODUCT TRANSFER DOCUMENTS
§1090.1150 General PTD provisions.
§1090.1155 PTD requirements for exempted fuels.
§1090.1160 Gasoline, gasoline additive, and gasoline regulated blendstock PTD provisions.
§1090.1165 PTD requirements for distillate and residual fuels.
§1090.1170 Diesel fuel additives language requirements.
§1090.1175 Alternative PTD language provisions.
Subpart L -- Recordkeeping
§1090.1200 General recordkeeping requirements.
§1090.1205 Recordkeeping requirements for all regulated parties.
§1090.1210 Recordkeeping requirements for gasoline manufacturers.
§1090.1215 Recordkeeping requirements for diesel fuel and ECA marine fuel manufacturers.
§1090.1220 Recordkeeping requirements for oxygenate blenders.
§1090.1225 Recordkeeping requirements for gasoline additives.
§1090.1230 Recordkeeping requirements for oxygenate producers.
§1090.1235 Recordkeeping requirements for ethanol denaturant.
§1090.1240 Recordkeeping requirements for gasoline detergent blenders.
§1090.1245 Recordkeeping requirements for independent surveyors.
§1090.1250 Recordkeeping requirements for auditors.
§1090.1255 Recordkeeping requirements for transmix processors, transmix blenders, transmix distributors, and pipeline operators.
Subpart M -- Sampling, Testing, and Retention
§1090.1300 General provisions.
SCOPE OF TESTING
§1090.1310 Testing to demonstrate compliance with standards.
§1090.1315 In-line blending.
§1090.1320 Adding blendstock to PCG.
§1090.1325 Adding blendstock to TGP.
§1090.1330 Preparing denatured fuel ethanol.
HANDLING AND PREPARING SAMPLES
§1090.1335 Collecting and preparing samples for testing.
§1090.1337 Demonstrating homogeneity.
§1090.1340 Preparing a hand blend from BOB.
§1090.1345 Retaining samples.
MEASUREMENT PROCEDURES
§1090.1350 Overview of test procedures.
§1090.1355 Calculation adjustments and corrections.
§1090.1360 Performance-based Measurement System.
§1090.1365 Qualifying criteria for alternative measurement procedures.
§1090.1370 Qualifying criteria for reference installations.
§1090.1375 Quality control procedures.
TESTING RELATED TO GASOLINE DEPOSIT CONTROL
§1090.1390 Requirement for Automated Detergent Blending Equipment Calibration.
§1090.1395 Gasoline deposit control test procedures.
Subpart N -- Survey Provisions
§1090.1400 National fuels survey program participation.
§1090.1405 National fuels survey program requirements.
§1090.1410 Independent surveyor requirements.
§1090.1415 Survey plan design requirements.
§1090.1420 Additional requirements for E15 misfueling mitigation surveying.
§1090.1425 Program plan approval process.
§1090.1430 Independent surveyor contract.
§1090.1440 National sampling oversight program requirements.
Subpart O -- Retailer and Wholesale Purchaser-Consumer Provisions
§1090.1500 Overview.
LABELING
§1090.1510 E15 labeling provisions.
§1090.1515 Diesel sulfur labeling provisions.
REFUELING HARDWARE
§1090.1550 Requirements for gasoline dispensing nozzles used with motor vehicles.
§1090.1555 Requirements for gasoline dispensing nozzles used primarily with marine vessels.
§1090.1560 Requirements related to dispensing natural gas.
§1090.1565 Requirements related to dispensing liquefied petroleum gas.
Subpart P -- Importer and Exporter Provisions
§1090.1600 General provisions for importers.
§1090.1605 Importation by marine vessel.
§1090.1610 Importation by rail or truck.
§1090.1615 Gasoline treated as a blendstock.
§1090.1650 General provisions for exporters.
Subpart Q -- Compliance and Enforcement Provisions
§1090.1700 Prohibited acts.
§1090.1705 Evidence related to violations.
§1090.1710 Penalties.
§1090.1715 Liability provisions.
§1090.1720 Affirmative defense provisions related to noncompliant fuel, fuel additive, or regulated blendstock.
Subpart R -- Attestation Engagements
§1090.1800 General provisions.
§1090.1805 Representative samples.
§1090.1810 General procedures  -  gasoline manufacturers.
§1090.1815 General procedures  -  gasoline importers.
§1090.1820 Additional procedures for gasoline treated as blendstock.
§1090.1825 Additional procedures for PCG used to produce gasoline.
§1090.1830 Alternative procedures for certified butane blenders.
§1090.1835 Alternative procedures for certified pentane blenders.
§1090.1840 Additional procedures related to compliance with gasoline average standards.
§1090.1845 Procedures related to meeting performance-based measurement and statistical quality control for test methods.
§1090.1850 Procedures related to in-line blending waivers.

Subpart A -- General Provisions
§1090.1 Applicability and relationship to other parts.
      (a) This part specifies fuel quality standards for gasoline and diesel fuel in the United States. Additional requirements apply for fuel used in certain marine applications, as specified in paragraph (b) of this section.
      (1) The regulations include standards for fuel parameters that directly or indirectly affect vehicle, engine, and equipment emissions, air quality, and public health. The regulations also include standards and requirements for fuel additives and regulated blendstocks that are components of the fuels regulated under this part.
      (2) This part also specifies requirements for any person that engages in activities associated with the production, distribution, storage, and sale of fuels, fuel additives, and regulated blendstocks, such as collecting and testing samples for regulated parameters, reporting information to EPA to demonstrate compliance with fuel quality requirements, and performing other compliance measures to implement the standards. Parties that produce and distribute other related products, such as heating oil, may need to meet certain reporting, recordkeeping, labeling, or other requirements of this part.
      (b)(1) The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 Annex VI ("MARPOL Annex VI") is an international treaty that sets maximum fuel sulfur levels for fuel used in vessels, including separate standards for vessels navigating in a designated Emission Control Area (ECA). These standards and related requirements are specified in 40 CFR part 1043. This part also sets corresponding sulfur standards that apply to any person who produces or handles ECA marine fuel.
      (2) This part also includes requirements for parties involved in the production and distribution of IMO marine fuel, such as collecting and testing samples of fuels for regulated parameters, reporting information to EPA to demonstrate compliance with fuel quality requirements, and performing other compliance measures to implement the standards.
      (c) The requirements for the registration of fuel and fuel additives under 42 U.S.C. § 7545(a), (b), and (e) are specified in 40 CFR part 79. Parties that must meet the requirements of this part may also need to comply with the requirements for the registration of fuel and fuel additives under 40 CFR part 79.
      (d) The requirements for the Renewable Fuel Standard (RFS) are specified in 40 CFR part 80, subpart M. Parties that must meet the requirements of this part may also need to comply with the requirements for the RFS program under 40 CFR part 80, subpart M.
      (e) Nothing in this part is intended to preempt the ability of state or local governments to control or prohibit any fuel or fuel additive for use in motor vehicles and motor vehicle engines that is not explicitly regulated by this part.
§1090.5 Implementation dates.
      (a) The provisions of this part apply beginning January 1, 2021, unless otherwise specified.
      (b) The following provisions of 40 CFR part 80 are applicable after December 31, 2020:
      (1) Positive gasoline sulfur and benzene credit balances and deficits from the 2020 compliance period carry forward for demonstrating compliance with requirements of this part. Any restrictions that apply to credits and deficits under 40 CFR part 80, such as a maximum credit life of 5 years, continue to apply under this part.
      (2) Unless otherwise specified (e.g., in-line blending waivers as specified in §1090.1315(b)), any approval granted under 40 CFR part 80 continues to be in effect under this part. For example, if EPA approved the use of alternate labeling under 40 CFR part 80, that approval continues to be valid under this part, subject to any conditions specified for the approval.
      (3) Unless otherwise specified, regulated parties must use the provisions of 40 CFR part 80 in 2021 to demonstrate compliance with regulatory requirements for the 2020 calendar year. This applies to calculating credits for the 2020 compliance period, and to any sampling, testing, reporting, and auditing related to fuels, fuel additives, and regulated blendstocks produced or imported in 2020.
      (4) Any testing to establish the precision and accuracy of alternative test procedures under 40 CFR part 80 continues to be valid under this part.
      (5) Requirements to keep records and retain fuel samples related to actions taken before January 1, 2021, continue to be in effect, as specified in 40 CFR part 80.
§1090.10 Contacting EPA.
      Parties must submit all reports, registrations, and documents for approval required under this part electronically to EPA using forms and procedures specified by EPA via the following website: https://www.epa.gov/fuels-registration-reporting-and-compliance-help.
§1090.15 Confidential business information.
      (a) Except as specified in paragraphs (b) and (c) of this section, any information submitted under this part claimed as confidential remains subject to evaluation by EPA under 40 CFR part 2, subpart B.
      (b) The following information contained in submissions under this part that have been accepted by EPA for evaluation is not entitled to confidential treatment under 40 CFR part 2, subpart B or 5 U.S.C. 552(b)(4):
      (1) Submitter's name.
      (2) The name and location of the facility for which relief is requested, if applicable.
      (3) The general nature of the request.
      (4) The relevant time period for the request, if applicable.
      (c) The following information incorporated into EPA determinations on submissions under this section is not entitled to confidential treatment under 40 CFR part 2, subpart B or 5 U.S.C. 552(b)(4):
      (1) Submitter's name.
      (2) The name and location of the facility for which relief was requested, if applicable.
      (3) The general nature of the request.
      (4) The relevant time period for the request, if applicable.
      (5) The extent to which EPA either granted or denied the request and any relevant conditions.
      (d) EPA may disclose the information specified in paragraphs (b) and (c) of this section on its website, or otherwise make it available to interested parties, without additional notice, notwithstanding any claims that the information is entitled to confidential treatment under 40 CFR part 2, subpart B and 5 U.S.C. 552(b)(4).
§1090.20 Approval of submissions under this part.
      (a) EPA may approve any submission required or allowed under this part if the request for approval satisfies all specified requirements.
      (b) EPA will deny any request for approval if the submission is incomplete, contains inaccurate or misleading information, or does not meet all specified requirements.
      (c) EPA may revoke any prior approval under this part for cause. For cause includes, but is not limited to, any of the following:
      (1) The approval has proved inadequate in practice.
      (2) The party fails to notify EPA if information that the approval was based on substantively changed after the approval was granted.
      (d) EPA may also revoke and void any approval under this part effective from the approval date for cause. Cause for voiding an approval includes, but is not limited to, any of the following:
      (1) The approval was not fully or diligently implemented
      (2) The approval was based on false, misleading, or inaccurate information
      (3) Failure of a party to fulfill or cause to be fulfilled any term or condition of an approval under this part.
      (e) Any person that has an approval revoked or voided under this part is liable for any resulting violation of the requirements of this part.
§1090.50 Rounding.
      (a) Complying with this part requires rounding final values, such as sulfur test results and volume of gasoline. Do not round intermediate values to transfer data unless the rounded number has at least 6 significant digits.
      (b) Unless otherwise specified, round values to the number of significant digits necessary to match the number of decimal places of the applicable standard or specification. Perform all rounding as specified in 40 CFR 1065.20(e)(1) through (6). This convention is consistent with ASTM E29 and NIST SP 811.
      (c) When calculating a specified percentage of a given value, the specified percentage is understood to have infinite precision. For example, if an allowable limit is specified as a fuel volume representing 1 percent of total volume produced, calculate the allowable volume by multiplying total volume by exactly 0.01.
      (d) Measurement devices that incorporate internal rounding may be used, consistent with the following provisions:
      (1) Devices may use any rounding convention if they report 6 or more significant digits.
      (2) Devices that report fewer than 6 significant digits may be used, consistent with the accuracy and repeatability specifications of the procedures specified in subpart M of this part.
      (e) Use one of the following rounding conventions for all batch volumes in a given compliance period, and for all reporting under this part:
      (1) Identify batch volume in gallons to the nearest whole gallon.
      (2)(i) Round batch volumes between 1,000 and 10,000 gallons to the nearest 10 gallons.
      (ii) Round batch volumes above 10,000 gallons to the nearest 100 gallons.
§1090.55 Requirements for independent parties.
      This section specifies how third parties demonstrate their independence from the regulated party that hires them and their technical ability to perform the specified services.
      (a) Independence. The independent third party, their contractors, subcontractors, and their organizations must be independent of the regulated party. All the criteria listed in paragraphs (a)(1) and (2) of this section must be met by every individual involved in the specified activities in this part that the independent third party is hired to perform for a regulated party, except as specified in paragraph (a)(3) of this section.
      (1) Employment criteria. No person employed by an independent third party, including contractor and subcontractor personnel, who is involved in a specified activity performed by the independent third party under the provisions of this part, may be employed, currently or previously, by the regulated party for any duration within the 3 years preceding the date when the regulated party hired the independent third party to provide services under this part.
      (2) Financial criteria. (i) The third-party's personnel, the third-party's organization, or any organization or individual that may be contracted or subcontracted by the third party must meet all the following requirements:
      (A) Have received no more than one-quarter of their revenue from the regulated party during the year prior to the date of hire of the third party by the regulated party for any purpose.
      (B) Have no interest in the regulated party's business. Income received from the third party to perform specified activities under this part is excepted.
      (C) Not receive compensation for any specified activity in this part that is dependent on the outcome of the specified activity.
      (ii) The regulated party must be free from any interest in the third-party's business.
      (3) Exceptions. Auditors that meet the requirements in §1090.1800(b)(1)(i) do not have to satisfy the employment and financial criteria in paragraphs (a)(1) and (2) of this section to be considered independent.
      (b) Technical ability. The third party must meet all the following requirements in order to demonstrate their technical capability to perform specified activities under this part:
      (1) Independent surveyors that conduct surveys under subpart N of this part must have personnel familiar with petroleum marketing, the sampling and testing of gasoline and diesel at retail stations, and the designing of surveys to estimate compliance rates or fuel parameters nationwide. Independent surveyors must demonstrate this technical ability in survey plans submitted under subpart N of this part.
      (2) Laboratories attempting to qualify alternative procedures must contract with an independent third party to verify the accuracy and precision of measured values as specified in §1090.1365. Such independent third parties must demonstrate work experience and a good working knowledge of the voluntary consensus standards specified in §§1090.1365 and 1090.1370, with training and expertise corresponding to a bachelor's degree in chemical engineering, or combined bachelor's degrees in chemistry and statistics.
      (3) Auditors auditing in-line blending operations must demonstrate work experience and a good working knowledge of the voluntary consensus standards specified in §§1090.1365 and 1090.1370.
      (c) Suspension and disbarment. Any person suspended or disbarred under 40 CFR part 32 or 48 CFR part 9, subpart 9.4, is not qualified to perform review functions under this part.
§1090.80 Definitions.
      500 ppm LM diesel fuel means diesel fuel subject to the alternative sulfur standards in §1090.320 for diesel fuel produced by transmix processors that may only be used in locomotive and marine engines that do not require the use of ULSD under 40 CFR parts 1033 and 1042, respectively.
      Additization means the addition of detergent to gasoline to create detergent-additized gasoline.
      Aggregated import facility means all import facilities within a PADD owned or operated by an importer and treated as a single fuel manufacturing facility to comply with the maximum benzene average standards under §1090.210(b).
      Anhydrous ethanol means ethanol that contains no more than 1.0 volume percent water.
      Auditor means any person that conducts audits under subpart R of this part.
      Automated detergent blending facility means any facility (including, but not limited to, a truck or individual storage tank) at which detergents are blended with gasoline by means of an injector system calibrated to automatically deliver a specified amount of detergent.
      Average standard means a fuel standard applicable over a compliance period.
      Batch means a quantity of fuel, fuel additive, or regulated blendstock that has a homogeneous set of properties.
      Biodiesel means a diesel fuel that contains at least 80 percent mono-alkyl esters made from nonpetroleum feedstocks.
      Blender pump means any fuel dispenser where PCG is blended with a fuel that contains ethanol (including DFE) to produce gasoline that has an ethanol content greater than that of the PCG. Blender pumps are fuel blending facilities if PCG is blended with a fuel that contains anything other than PCG and DFE.
      Blending manufacturer means any person who owns, leases, operates, controls, or supervises a fuel blending facility in the United States.
      Blendstock means any liquid compound or mixture of compounds (not including fuel or fuel additive) that is used or intended for use as a component of a fuel.
      Business day means Monday through Friday, except the legal public holidays specified in 5 U.S.C. 6103 or any other day declared to be a holiday by federal statute or executive order.
      Butane means an organic compound with the formula C4H10.
      Butane blending facility means a fuel manufacturing facility where butane is blended into PCG.
      California diesel means diesel fuel designated by a diesel fuel manufacturer as for use in California.
      California gasoline means gasoline designated by a gasoline manufacturer as for use in California.
      Carrier means any distributor who transports or stores or causes the transportation or storage of fuel, fuel additive, or regulated blendstock without taking title to or otherwise having any ownership of the fuel, fuel additive, or regulated blendstock, and without altering either the quality or quantity of the fuel, fuel additive, or regulated blendstock.
      Category 1 (C1) marine vessel means a vessel that is propelled by an engine(s) meeting the definition of "Category 1" in 40 CFR part 1042.901.
      Category 2 (C2) marine vessel means a vessel that is propelled by an engine(s) meeting the definition of "Category 2" in 40 CFR part 1042.901.
      Category 3 (C3) marine vessel means a vessel that is propelled by an engine(s) meeting the definition of "Category 3" in 40 CFR part 1042.901.
      CBOB means conventional gasoline for which a gasoline manufacturer has accounted for the effects of oxygenate blending that occurs downstream of the fuel manufacturing facility.
      Certified butane means butane that is certified to meet the requirements in §1090.220.
      Certified butane blender means a blending manufacturer that produces gasoline by blending certified butane into PCG, and that uses the provisions of §1090.1320 to meet the applicable sampling and testing requirements.
      Certified butane producer means a regulated blendstock producer that certifies butane as meeting the requirements in §1090.220.
      Certified ethanol denaturant means ethanol denaturant that is certified to meet the requirements in §1090.235.
      Certified ethanol denaturant producer means any person that certifies ethanol denaturant as meeting the requirements in §1090.235.
      Certified pentane means pentane that is certified to meet the requirements in §1090.225.
      Certified pentane blender means a blending manufacturer that produces gasoline by blending certified pentane into PCG, and that uses the provisions of §1090.1320 to meet the applicable sampling and testing requirements.
      Certified pentane producer means a regulated blendstock producer that certifies pentane as meeting the requirements in §1090.225.
      Compliance period means the calendar year (January 1 through December 31).
      Conventional gasoline or CG means gasoline that is not certified to meet the requirements for RFG in §1090.245.
      Days means calendar days, including weekends and holidays.
      Denatured fuel ethanol or DFE means anhydrous ethanol that contains a denaturant to make it unfit for human consumption, as required and defined in 27 CFR parts 19 through 21, and that is produced or imported for blending into gasoline.
      Detergent means any chemical compound or combination of chemical compounds that is added to gasoline to control deposit formation and meets the requirements in §1090.240. Detergent may be part of a detergent additive package.
      Detergent additive package means an additive package containing detergent and may also contain carrier oils and non-detergent-active components such as corrosion inhibitors, antioxidants, metal deactivators, and handling solvents.
      Detergent blender means any person who owns, leases, operates, controls, or supervises the blending operation of a detergent blending facility, or imports detergent-additized gasoline.
      Detergent blending facility means any facility (including, but not limited to, a truck or individual storage tank) at which detergent is blended with gasoline.
      Detergent manufacturer means any person who owns, leases, operates, controls, or supervises a facility that produces detergent. Detergent manufacturers are fuel additive manufacturers.
      Detergent-additized gasoline or detergent gasoline means any gasoline that contains a detergent.
      Diesel fuel means any of the following:
      (1) Any fuel commonly or commercially known as diesel fuel.
      (2) Any fuel (including NP diesel fuel) that is intended or used to power a vehicle or engine that is designed to operate using diesel fuel, except for residual or gaseous fuel.
      (3) Any fuel that conforms to the specifications of ASTM D975 (incorporated by reference in §1090.95) and is made available for use in a vehicle or engine designed to operate using diesel fuel.
      Diesel fuel manufacturer means a fuel manufacturer who owns, leases, operates, controls, or supervises a fuel manufacturing facility where diesel fuel is produced.
      Distillate fuel means diesel fuel and other petroleum fuels with a T90 temperature below 700° F that can be used in vehicles or engines that are designed to operate using diesel fuel. For example, diesel fuel, jet fuel, heating oil, No. 1 fuel (kerosene), No. 4 fuel, DMX, DMA, DMB, and DMC are distillate fuels. These specific fuel grades are identified in ASTM D975 and ISO 8217. Natural gas, LPG, and gasoline are not distillate fuels.
      Distributor means any person who transports, stores, or causes the transportation or storage of fuel, fuel additive, or regulated blendstock at any point between any fuel manufacturing facility, fuel additive manufacturing facility, or regulated blendstock production facility and any retail outlet or WPC facility.
      Downstream location means any point in the fuel distribution system other than a fuel manufacturing facility through which the fuel passes after it leaves the gate of the fuel manufacturing facility at which it was certified (e.g., fuel at facilities of distributors, pipelines, terminals, carriers, retailers, kerosene blenders, and WPCs).
      E0 means a gasoline that contains no ethanol. This is also known as neat gasoline.
      E10 means gasoline that contains at least 9 and no more than 10 volume percent ethanol.
      E15 means gasoline that contains more than 10 and no more than 15 volume percent ethanol.
      E85 means a fuel that contains more than 50 volume percent but no more than 83 volume percent ethanol and is used, intended for use, or made available for use in flex-fuel vehicles or flex-fuel engines.
      E200 means the distillation fraction of a fuel at 200 degrees Fahrenheit expressed as a volume percentage.
      E300 means the distillation fraction of a fuel at 300 degrees Fahrenheit expressed as a volume percentage.
      ECA marine fuel means diesel, distillate, or residual fuel used, intended for use, or made available for use in C3 marine vessels while the vessels are operating within an Emission Control Area (ECA), or an ECA associated area.
      Ethanol means an alcohol of the chemical formula C2H5OH.
      Ethanol denaturant means PCG, gasoline regulated blendstocks, or natural gasoline liquids that are added to anhydrous ethanol to make the ethanol unfit for human consumption as required and defined in 27 CFR parts 19 through 21.
      Facility means any place, or series of places, where any fuel, fuel additive, or regulated blendstock is produced, imported, blended, transported, distributed, stored, or sold.
      Flex-fuel engine has the same meaning as flexible-fuel engine in 40 CFR 1054.801.
      Flex-fuel vehicle has the same meaning as flexible-fuel vehicle in 40 CFR 86.1803-01.
      Fuel means only the fuels regulated under this part, including gasoline, diesel fuel, and IMO marine fuel.
      Fuel additive means a substance that is designated for registration under 40 CFR part 79 and is added to fuel such that it amounts to less than 1.0 volume percent of the resultant mixture, or is an oxygenate added up to a level consistent with levels that are "substantially similar" under 42 U.S.C. 7545(f)(1) or as permitted under a waiver granted under 42 U.S.C. 7545(f)(4).
      Fuel additive blender means any person who blends fuel additive into fuel in the United States, or any person who owns, leases, operates, controls, or supervises such an operation in the United States.
      Fuel additive manufacturer means any person who owns, leases, operates, controls, or supervises a facility where fuel additives are produced or imported into the United States.
      Fuel blending facility means any facility, other than a refinery or transmix processing facility, where fuel is produced by combining blendstocks or by combining blendstocks with fuel. Types of blending facilities include, but are not limited to, terminals, storage tanks, plants, tanker trucks, retail outlets, and marine vessels.
      Fuel dispenser means any apparatus used to dispense fuel into motor vehicles, nonroad vehicles, engines, equipment, or portable fuel containers (as defined in 40 CFR 59.680).
      Fuel manufacturer means any person who owns, leases, operates, controls, or supervises a fuel manufacturing facility. Fuel manufacturers include refiners, importers, blending manufacturers, and transmix processors.
      Fuel manufacturing facility means any facility where fuels are produced, imported, or recertified. Fuel manufacturing facilities include refineries, fuel blending facilities, transmix processing facilities, import facilities, and any facility where fuel is recertified.
      Fuel manufacturing facility gate means the point where the fuel leaves the fuel manufacturing facility at which it was produced or imported by the fuel manufacturer.
      Gasoline means any of the following:
      (1) Any fuel commonly or commercially known as gasoline, including BOB.
      (2) Any fuel intended or used to power a vehicle or engine designed to operate on gasoline, except for gaseous fuel.
      (3) Any fuel that conforms to the specifications of ASTM D4814 (incorporated by reference in §1090.95) and is made available for use in a vehicle or engine designed to operate on gasoline.
      Gasoline before oxygenate blending or BOB means gasoline designated for downstream oxygenate blending before being dispensed into a vehicle or engine's fuel tank, unless recertified as specified in §1090.740. BOB is subject to all requirements and standards that apply to gasoline, unless subject to a specific alternative standard or requirement under this part.
      Gasoline manufacturer means a fuel manufacturer who owns, leases, operates, controls, or supervises a fuel manufacturing facility where gasoline is produced. Any person recertifying a BOB under §1090.740 is considered to be a gasoline manufacturer.
      Gasoline treated as blendstock or GTAB means imported gasoline that is excluded from the importer's compliance calculations but is treated as blendstock in a related fuel manufacturing facility that includes the GTAB in a gasoline manufacturer's compliance calculations for the facility under §1090.1615.
      Global marine fuel means diesel fuel, distillate fuel, or residual fuel used, intended for use, or made available for use in steamships or Category 3 marine vessels while the vessels are operating in international waters or in any waters outside the boundaries of an ECA. Global marine fuel is subject to the provisions of MARPOL Annex VI.
      Heating oil means a combustible product that is used, intended for use, or made available for use in furnaces, boilers, or similar applications. Kerosene and jet fuel are not heating oil.
      IMO marine fuel means fuel that is ECA marine fuel or global marine fuel.
      Importer means any person who imports fuel, fuel additive, or regulated blendstock into the United States.
      Import facility means any facility where an importer imports fuel, fuel additive, or regulated blendstock.
      Independent surveyor means any person who meets the independence requirements in §1090.55 and conducts a survey under subpart N of this part.
      Intake valve deposits or IVD means the deposits formed on the intake valve(s) of a gasoline-fueled engine during operation.
      Jet fuel means any distillate fuel used, intended for use, or made available for use in aircraft.
      Kerosene means any No.1 distillate fuel that is used, intended for use, or made available for use as kerosene.
      Liquefied petroleum gas or LPG means a liquid hydrocarbon fuel that is stored under pressure and is composed primarily of compounds that are gases at atmospheric conditions (temperature = 25 °C and pressure = 1 atm), excluding natural gas.
      Locomotive engine means an engine used in a locomotive as defined in 40 CFR 92.2.
      Marine engine has the meaning given under 40 CFR 1042.901.
      Methanol means any fuel sold for use in motor vehicles and engines and commonly known or commercially sold as methanol or MXX, where XX represents the percent methanol (CH3OH) by volume.
      Natural gas means a fuel that is primarily composed of methane.
      Natural gas liquids or NGLs means the hydrocarbons (primarily propane, butane, pentane, hexane, and heptane) that are separated from the gaseous state of natural gas in the form of liquids at a facility, such as a natural gas production facility, gas processing plant, natural gas pipeline, refinery, or similar facility.
      Non-automated detergent blending facility means any facility (including a truck or individual storage tank) at which detergent additive is blended using a hand blending technique or any other non-automated method.
      Nonpetroleum (NP) diesel fuel means renewable diesel fuel or biodiesel. NP diesel fuel also includes other biomass-based diesel as specified under 40 CFR part 80, subpart M.
      Oxygenate means a liquid compound that consists of one or more oxygenated compounds. Examples include DFE and isobutanol.
      Oxygenate blender means any person who adds oxygenate to gasoline in the United States, or any person who owns, leases, operates, controls, or supervises such an operation in the United States.
      Oxygenate blending facility means any facility (including but not limited to a truck) at which oxygenate is added to gasoline (including BOB), and at which the quality or quantity of gasoline is not altered in any other manner except for the addition of deposit control additives.
      Oxygenate import facility means any facility where oxygenate, including DFE, is imported into the United States.
      Oxygenate producer means any person who produces or imports oxygenate for gasoline in the United States, or any person who owns, leases, operates, controls, or supervises an oxygenate production or import facility in the United States.
      Oxygenate production facility means any facility where oxygenate is produced, including DFE.
      Oxygenated compound means an oxygen-containing, ashless organic compound, such as an alcohol or ether, which may be used as a fuel or fuel additive.
      PADD means Petroleum Administration for Defense District. These districts are the same as the PADDs used by other federal agencies, except for the addition of PADDs VI and VII. The individual PADDs are identified by region, state, and territory as follows:
PADD
Regional Description
State or Territory
I
East Coast
Connecticut, Delaware, District of Columbia, Florida, Georgia, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, North Carolina, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia
II
Midwest
Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, Minnesota, Missouri
III
Gulf Coast
Alabama, Arkansas, Louisiana, Mississippi, New Mexico, Texas
IV
Rocky Mountain
Colorado, Idaho, Montana, Utah, Wyoming
V
West Coast
Alaska, Arizona, California, Hawaii, Nevada, Oregon, Washington
VI
Antilles
Puerto Rico, U.S. Virgin Islands
VII
Pacific Territories
American Samoa, Guam, Northern Mariana Islands
      Pentane means an organic compound with the formula C5H12.
      Pentane blending facility means a fuel manufacturing facility where pentane is blended into PCG.
      Per-gallon standard means the maximum or minimum value for any parameter that applies to every volume unit of a specified fuel, fuel additive, or regulated blendstock.
      Person has the meaning given in 42 U.S.C. § 7602(e).
      Pipeline interface means the mixture between different fuels 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 §1090.1100(b) to meet the requirements in §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° 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 §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 §1090.270.
      Round (rounded, rounding) has the meaning given in §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 §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 §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 §1090.215.
      Winter season means any time outside of the summer season or high ozone season.
§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.
§1090.90 Acronyms and abbreviations.
500 ppm LM diesel fuel
As defined in §1090.80
ABT
averaging, banking, and trading
ARV
accepted reference value
BOB
Gasoline before oxygenate blending
CARB
California Air Resources Board
CFR
Code of Federal Regulations
CG
conventional gasoline
DFE
denatured fuel ethanol
E0
As defined in §1090.80
E10
As defined in §1090.80
E15
As defined in §1090.80
E200
As defined in §1090.80
E300
As defined in §1090.80
ECA marine fuel
As defined in §1090.80
EPA
Environmental Protection Agency
GTAB
gasoline treated as blendstock
IMO marine fuel
As defined in §1090.80
LAC
lowest additive concentration
LLOQ
laboratory limit of quantitation
MARPOL Annex VI
The International Convention for the Prevention of Pollution from Ships, 1973 as modified by the Protocol of 1978 Annex VI
NAAQS
National Ambient Air Quality Standard
NARA
National Archives and Records Administration
NGL
natural gas liquids
NIST
National Institute for Standards and Technology
PCG
previously certified gasoline
PLOQ
published limit of quantitation
ppm (mg/kg)
parts per million (or milligram per kilogram)
PTD
product transfer document
R&D
research and development
RCO
responsible corporate officer
RFG
reformulated gasoline
RFS
renewable fuel standard
RVP
Reid vapor pressure
SIP
state implementation plan
SQC
statistical quality control
T10, T50, T90
temperatures representing the points in a distillation process where 10, 50, and 90 percent of the sample evaporates, respectively
TDP
transmix diesel products
TGP
transmix gasoline products
U.S.
United States
U.S.C.
United States Code
ULSD
ultra-low-sulfur diesel fuel
VCSB
voluntary consensus standards body
§1090.95 Incorporation by reference.
      (a) Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. § 552(a) and 1 CFR part 51. 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 §1090.1800(b).
      (2) AICPA Code of Professional Conduct, September 1, 2018; IBR approved for §1090.1800(b).
      (3) Statements on Quality Control Standards, July 1, 2019; IBR approved for §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 §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 §1090.1337(c).
      (3) ASTM D975-19c, Standard Specification for Diesel Fuel, approved December 15, 2019 ("ASTM D975"); IBR approved for §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 §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 §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 §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 §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 §§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 §1090.1365(b).
      (10) ASTM D3231-18, Standard Test Method for Phosphorus in Gasoline, approved April 1, 2018 ("ASTM D3231"); IBR approved for §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 §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 §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 §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 §§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 §§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 §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 §1090.1395(a).
      (18) ASTM D4814-20, Standard Specification for Automotive Spark-Ignition Engine Fuel, approved February 1, 2020 ("ASTM D4814"); IBR approved for §§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 §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 §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 §§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 §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 §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 §§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 §§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 §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 §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 §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 §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 §§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 §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 §§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 §§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 §§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 §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 §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 §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 §1090.1410(a).
      (2) [Reserved]

Subpart B -- General Requirements and Provisions for Regulated Parties
§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 §1090.105 that apply to importers based on the fuel, fuel additive, or regulated blendstock being imported, importers must also comply with subpart P of this part.
§1090.105 Fuel manufacturers.
      This section 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 §1090.650.
§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 §1090.240(a) as specified in §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.
§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 §1090.710 unless the oxygenate blender recertifies BOBs under §1090.740.
§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 §§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.
§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.
§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 §1090.105.
      (a) Gasoline standards. Certified butane blenders must comply with the applicable requirements of subpart C of this part.
      (b) Registration. Certified butane blenders must register with EPA under subpart I of this part.
      (c) Reporting. Certified butane blenders must submit reports to EPA under subpart J of this part.
      (d) Sampling, testing, and retention requirements. Certified butane blenders must conduct sampling, testing, and sample retention in accordance with subpart M of this part.
      (e) PTDs. When certified butane is blended with PCG, PTDs that accompany the gasoline blended with certified butane must comply with subpart K of this part.
      (f) Survey. Certified butane blenders may participate in the applicable fuel surveys of subpart N of this part.
      (g) Annual attest engagement. Certified butane blenders must submit annual attest engagement reports to EPA under subpart R of this part.
§1090.135 Certified pentane producers.
      Certified pentane producers must comply with the requirements of this section.
      (a) Gasoline standards. Certified pentane producers must comply with the applicable requirements of subpart C of this part 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.
§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 §1090.105.
      (a) Gasoline standards. Certified pentane blenders must comply with the applicable requirements of subpart C of this part.
      (b) Registration. Certified pentane blenders must register with EPA under subpart I of this part.
      (c) Reporting. Certified pentane blenders must submit reports to EPA under subpart J of this part.
      (d) Sampling, testing, and retention requirements. Certified pentane blenders must conduct sampling, testing, and sample retention in accordance with subpart M of this part.
      (e) PTDs. When certified pentane is blended with PCG, PTDs that accompany the gasoline blended with pentane must comply with subpart K of this part.
      (f) Survey. Certified pentane blenders may participate in the applicable fuel surveys of subpart N of this part.
      (g) Annual attest engagement. Certified pentane blenders must submit annual attest engagement reports to EPA under subpart R of this part.
§1090.145 Transmix processors.
      Transmix processors 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.
§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.
§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 §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 §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.
§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 §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 §1090.240.
§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 §1090.105.
§1090.170 Independent surveyors.
      Independent surveyors that conduct fuel surveys must comply with the requirements of this section.
      (a) Survey provisions. Independent surveyors must conduct fuel surveys under subpart N of this part.
      (b) Registration. Independent surveyors must register with EPA under subpart I of this part.
      (c) Sampling, testing, and retention requirements. Independent surveyors must conduct sampling, testing, and sample retention in accordance with subpart M of this part.
      (d) Reporting. Independent surveyors must submit reports to EPA under subpart J of this part.
      (e) Independence requirements. In order to perform a survey program under subpart N of this part, independent surveyors must meet the independence requirements in §1090.55.
§1090.175 Auditors.
      Auditors that conduct audits for responsible parties under this part must comply with the requirements of this section.
      (a) Registration. Auditors must register with EPA under subpart I of this part.
      (b) Reporting. Auditors must submit reports to EPA under subpart J of this part.
      (c) Attest engagement. Auditors must conduct audits under subpart R of this part.
      (d) Independence requirements. In order to perform an annual attest engagement under subpart R of this part, auditors must meet the independence requirements in §1090.55 unless they are a certified internal auditor under §1090.1800(b)(1)(i).
§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
§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 §1090.205(a) and the benzene average standards in §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 §1090.205(a) and the benzene average standards in §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 §§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.
§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 §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.
§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 §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.
§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. Collins-Loveland
Colorado
Adams Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson, Larimer,[1] Weld[2]
Reno
Nevada
Washoe
Portland
Oregon
Clackamas (only the Air Quality Maintenance Area), Multnomah (only the Air Quality Maintenance Area), Washington (only the Air Quality Maintenance Area)
Salem
Oregon
Marion (only the Salem Area Transportation Study), Polk (only the Salem Area Transportation Study)
Beaumont-Port Arthur
Texas
Hardin, Jefferson, Orange
Salt Lake City
Utah
Davis, Salt Lake
[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 §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.
§1090.220 Certified butane standards.
      Butane designated as certified butane under §1090.1100(e) for use under the butane blending provisions of §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.
§1090.225 Certified pentane standards.
      Pentane designated as certified pentane under §1090.1100(f) for use under the pentane blending provisions of §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.
§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 §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.
§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.
§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 §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.
§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 §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 §1090.205(a). RFG and RBOB must comply with sulfur per-gallon standards in §1090.205(b) and (c).
      (b) Benzene standards. RFG or RBOB must comply with the benzene standards in §1090.210.
      (c) RVP standard. Summer RFG or Summer RBOB must comply with the RFG RVP standard in §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 §1090.1320.
§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).
§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 §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 §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 §1090.240(a) must have been certified by the gasoline detergent manufacturer under §1090.240(b).
§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."
§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.
§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 Island-Connecticut
Connecticut
Fairfield (all except the City of Shelton), Litchfield (only the towns of Bridgewater and New Milford)

New Jersey
Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union

New York
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, Carroll, Harford, Howard
Baltimore
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, Loudoun, Prince William, Stafford
Alexandria, Fairfax, Falls Church, Manassas, Manassas Park
Sacramento Metro
California
Sacramento, Yolo, El Dorado (except Lake Tahoe and its drainage area), Placer,1 Solano,2 Sutter3

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. Charles, St. Louis
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, Rockingham Counties
New Hampshire
Hillsborough, Merrimack, Rockingham, Strafford

Atlantic City
New Jersey
Atlantic, Cape May

New Jersey portion of Allentown- Bethlehem-Easton
New Jersey
Warren

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 News (Hampton Roads)
Virginia
James City, York
Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth, Suffolk, Virginia Beach, Williamsburg
Richmond
Virginia
Charles City, Chesterfield, Hanover, Henrico
Colonial Heights, Hopewell, Richmond
[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
§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 §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 §1090.270.
§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 §1090.215(a)(1).

Subpart D -- Diesel Fuel and ECA Marine Fuel Standards
§1090.300 Overview and general requirements.
      (a) Diesel fuel is subject to the ULSD standards in §1090.305, except as follows:
      (1) Alternative sulfur standards apply for 500 ppm LM diesel fuel and ECA marine fuel as specified in §§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 §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.