following information:
    (1) The PTD for each batch of denaturant.
    (2) The volume percent at which the denaturant was added to
ethanol, as applicable.

Sec.  1090.1240  Recordkeeping requirements for gasoline detergent
blenders.

    (a) Overview. In addition to the requirements in Sec.  1090.1205,
gasoline detergent blenders must keep records that include the
information in this section.
    (b) Gasoline detergent blenders. Gasoline detergent blenders must
keep records of the following information:
    (1) The PTD for each detergent used.
    (2) For automated detergent blending facilities, keep records of
the following information:
    (i) The dates of the VAR Period.
    (ii) The total volume of detergent blended into gasoline, as
determined using one of the following methods, as applicable:
    (A) For facilities that use in-line meters to measure the amount of
detergent blended, the total volume of detergent measured, together
with supporting data that includes one of the following:
    (1) The beginning and ending meter readings for each meter being
measured.
    (2) Other comparable metered measurements.
    (B) For facilities that use a gauge to measure the inventory of the
detergent storage tank, the total volume of detergent must be
calculated as follows:

VD = DIi -DIf + DIa -
DIw

Where:

VD = Volume of detergent.
DIi = Initial detergent inventory of the tank.
DIf = Final detergent inventory of the tank.
DIa = Sum of any additions to detergent inventory.
DIw = Sum of any withdrawals from detergent inventory for
purposes other than the additization of gasoline.

    (C) The value of each variable in the equation in paragraph
(b)(2)(ii)(B) of this section must be separately recorded. Recorded
volumes of detergent must be expressed to the nearest gallon (or
smaller units), except that detergent volumes of five gallons or less
must be expressed to the nearest tenth of a gallon (or smaller units).
However, if the blender's equipment is unable to accurately measure to
the nearest tenth of a gallon, then such volumes must be rounded
downward to the next lower gallon.
    (iii) The total volume of gasoline to which detergent has been
added, together with supporting data that includes one of the
following:
    (A) The beginning and ending meter measurements for each meter
being measured.
    (B) The metered batch volume measurements for each meter being
measured.
    (C) Other comparable metered measurements.
    (iv) The actual detergent concentration, calculated as the total
volume of the detergent added (as determined under paragraph (b)(2)(ii)
of this section) divided by the total volume of gasoline (as determined
under paragraph (b)(2)(iii) of this section). The concentration must be
calculated and recorded to four digits and rounded as specified in
Sec.  1090.50.
    (v) The initial detergent concentration rate, together with the
date and description of each adjustment to any initially set
concentration.
    (vi) If the detergent injector is set below the applicable LAC, or
adjusted by more than 10 percent above the concentration initially set
in the VAR Period, documentation establishing that the purpose of the
change is to correct a batch misadditization prior to the end of the
VAR Period and prior to the transfer of the batch to another party or
to correct an equipment malfunction and the date and adjustments of the
correction.
    (vii) Documentation reflecting the performance and results of the
calibration of detergent equipment under Sec.  1090.1390.
    (3) For non-automated detergent blending facilities, keep records
of the following information:
    (i) The date of additization.
    (ii) The volume of added detergent.
    (iii) The volume of gasoline to which the detergent was added.
    (iv) The actual detergent concentration, calculated as the volume
of added detergent (as determined under paragraph (b)(3)(ii) of this
section) divided by the volume of gasoline (as determined under
paragraph (b)(3)(iii) of this section). The concentration must be
calculated and recorded to four digits and rounded as specified in
Sec.  1090.50.

Sec.  1090.1245   Recordkeeping requirements for independent surveyors.

    (a) In addition to the requirements in Sec.  1090.1205, independent
surveyors must keep records that include the information in this
section.

    (b) Independent surveyors must keep records of the following
information, as applicable:
    (1) Records related to the national fuels survey program under
Sec.  1090.1405.
    (2) Records related to a geographically-focused E15 survey program
under Sec.  1090.1420(b).
    (3) Records related to the national sampling oversight program
under Sec.  1090.1440.

Sec.  1090.1250   Recordkeeping requirements for auditors.

    (a) In addition to the requirements in Sec.  1090.1205, auditors
must keep records that include the information in this section.
    (b) Auditors must keep records of the following information:
    (1) Documents pertaining to the performance of each audit performed
under subpart R of this part.
    (2) Copies of each attestation report prepared and all related
records developed to prepare the attestation report.
    (c) Auditors must keep the records specified in paragraph (b) of
this section for 5 years after issuing each attestation report.

Sec.  1090.1255   Recordkeeping requirements for transmix processors,
transmix blenders, transmix distributors, and pipeline operators.

    (a) In addition to the requirements in Sec.  1090.1205, transmix
processors, transmix blenders, transmix distributors, and pipeline
operators must keep records that include the information in this
section.
    (b) Transmix processors and transmix distributors must keep records
that reflect the results of any sampling and testing required under
subpart F or M of this part.
    (c) Pipeline operators must keep records that demonstrate
compliance with the interface handling practices in Sec.  1090.525.
    (d) Transmix processors must keep records showing the volumes of
TGP recovered from transmix and the type and amount of any blendstock
or PCG added to make gasoline from TGP under Sec.  1090.510.
    (e) Transmix blenders must keep records showing compliance with the
quality assurance program and/or sampling and testing requirements in
Sec.  1090.505, and for each batch of gasoline with which transmix is
blended, the volume of the batch, and the volume of transmix blended
into the batch.
    (f) Manufacturers and distributors of 500 ppm LM diesel fuel using
transmix must keep records of the following information, as applicable:
    (1) Copies of the compliance plan required under Sec.  1090.520(g).
    (2) Documents demonstrating how the party complies with each
applicable element of the compliance plan under Sec.  1090.520(g).
    (3) Documents and copies of calculations used to determine
compliance with the 500 ppm LM diesel fuel volume requirements under
Sec.  1090.520(c).
    (4) Documents or information that demonstrates that the 500 ppm LM
diesel fuel was only used in locomotive and marine engines that are not
required to use ULSD under 40 CFR 1033.815 and 40 CFR 1042.660,
respectively.

Subpart M--Sampling, Testing, and Retention

Sec.  1090.1300   General provisions.

    (a) This subpart is organized as follows:
    (1) Sections 1090.1310 through 1090.1330 specify the scope of
required testing, including special provisions that apply in several
unique circumstances.
    (2) Sections 1090.1335 through 1090.1345 specify handling
procedures for collecting and retaining samples. Sections 1090.1350
through 1090.1375 specify the procedures for measuring the specified
parameters. These procedures apply to anyone who performs testing under
this subpart.
    (3) Section 1090.1390 specifies the requirements for calibrating
automated detergent blending equipment.
    (4) Section 1090.1395 specifies the procedures for testing related
to gasoline deposit control test procedure.
    (b) If you need to meet requirements for a quality assurance
program at some minimum frequency, your first batch of product triggers
the testing requirement. The specified frequency serves as a deadline
for performing the required testing, and as a starting point for the
next testing period. The following examples illustrate the requirements
for testing based on sampling the more frequent of every 90 days or
500,000 gallons of certified butane you received from a supplier:
    (1) If your testing period starts on March 1 and you use less than
500,000 gallons of butane from March 1 through May 29 (90 days), you
must perform testing under a quality assurance program sometime between
March 1 and May 29. Your next test period starts with the use of butane
on May 30 and again ends after 90 days or after you use 500,000 gallons
of butane, whichever occurs first.
    (2) If your testing period starts on March 1 and you use 500,000
gallons of butane for the testing period on April 29 (60 days), you
must perform testing under a quality assurance program sometime between
March 1 and April 29. Your next testing period starts with the use of
butane on April 30 and again ends after 90 days or after you use
500,000 gallons of butane, whichever occurs first.
    (c) Anyone performing tests on behalf of a manufacturer to
demonstrate compliance with standards or other requirements under this
part must meet the requirements of this subpart in the same way that
the manufacturer needs to meet requirements for its own testing.
    (d) Anyone performing tests under this subpart must apply good
laboratory practices for all sampling, measurement, and calculations
related to testing required under this part. This requires performing
these procedures in a way that is consistent with generally accepted
scientific and engineering principles and properly accounting for all
available relevant information.
    (e) Subpart P of this part has provisions related to importation,
including provisions that describe how to meet the sampling and testing
requirements of this subpart.
    (f) The following general provisions apply:
    (1) A crosscheck program is an arrangement for laboratories to
perform measurements from test samples prepared from a single
homogeneous fuel batch to establish an accepted reference value for
evaluating precision and accuracy. This subpart relies on inter-
laboratory crosscheck programs sponsored by ASTM International or
another voluntary consensus standards body, or on crosscheck programs
conducted separately by one or more companies.
    (2) A voluntary consensus standards body (VCSB) is an organization
that follows consistent protocols to adopt standards reflecting a wide
range of input from interested parties. ASTM International and the
International Organization for Standardization are examples of VCSB
organizations.

Scope of Testing

Sec.  1090.1310   Testing to demonstrate compliance with standards.

    (a) Perform testing as needed to submit the reports specified in
subpart J of this part. This section specifies additional test
requirements.
    (b) Fuel manufacturers must perform the following measurements
before the fuel, fuel additive, or regulated blendstock from a given
batch leaves the fuel manufacturing facility, except as specified in
Sec.  1090.1315:

    (1) Diesel fuel. Perform testing for each batch of ULSD, 500 ppm LM
diesel fuel, and ECA marine fuel to demonstrate compliance with sulfur
standards.
    (2) Gasoline. Perform testing for each batch of gasoline to
demonstrate compliance with sulfur and benzene standards and perform
testing for each batch of summer gasoline to demonstrate compliance
with RVP standards.
    (c) The following testing provisions apply for gasoline and
gasoline regulated blendstock:
    (1) Gasoline manufacturers producing BOB must prepare a hand blend
as specified in Sec.  1090.1340 and perform the following measurements:
    (i) For Summer CG, measure RVP in the BOB.
    (ii) For Summer RFG, measure RVP in the hand blend.
    (iii) Measure the sulfur content of both the BOB and the hand
blend.
    (iv) Measure the benzene content of the hand blend.
    (2) Oxygenate producers must measure the sulfur content of each
batch of oxygenate, except that DFE producers may meet the alternative
requirements in Sec.  1090.1330.
    (3) Ethanol denaturant producers that certify denaturant under
Sec.  1090.1330 must measure the sulfur content of each batch of
denaturant.
    (4) Certified butane and certified pentane producers must perform
sampling and testing to demonstrate compliance with purity
specifications and sulfur and benzene standards as specified in Sec.
1090.1320.
    (5) Transmix processors producing gasoline from TGP must test each
batch of gasoline for parameters required to demonstrate compliance
with Sec.  1090.510 as specified in Sec.  1090.1325.
    (d) Blending manufacturers producing gasoline by adding blendstock
to PCG must comply with Sec.  1090.1320.
    (e) For gasoline produced at a fuel blending facility or a transmix
processing facility, gasoline manufacturers must measure such gasoline
for oxygenate and for distillation parameters (i.e., T10, T50, T90,
final boiling point, and percent residue) in addition to other
measurements to demonstrate compliance with applicable standards.

Sec.  1090.1315   In-line blending.

    Fuel manufacturers using in-line blending equipment may qualify for
a waiver from the requirement in Sec.  1090.1310(b) to test every batch
of fuel before the fuel leaves the fuel manufacturing facility as
follows:
    (a) The waiver in this section applies if you use or intend to use
in-line blending equipment to supply fuel directly into a pipeline,
marine vessel, or other type of distribution that does not involve
collecting fuel in a tank or other type of storage for creating a batch
of fuel. It also applies for fuel manufacturers that produce batches of
fuel that are too large to contain in available storage tanks.
    (b) Waivers granted under 40 CFR part 80 are no longer valid. Any
party who received an in-line blending waiver granted under 40 CFR part
80 may continue to operate under the waiver until January 1, 2022. To
obtain a waiver under this part, submit a request signed by the RCO to
EPA with the following information:
    (1) Describe the location of your in-line blending operation, how
long it has been in operation, and how much of each type and grade of
fuel you have blended over the preceding 3 years (or since starting the
in-line blending operation if that is less than 3 years). Describe the
physical layout of the blending operation and how you move the blended
fuel into distribution. Also describe how your automated system
monitors and controls blending proportions and the properties of the
blended fuel. For new installations, describe these as a planned
operation with projected volumes by type and grade.
    (2) Describe how you collect and test composite fuel samples in a
way that is equivalent to measuring the fuel properties of a batch of
blended fuel as specified in this subpart. Your procedures need to
conform to the sampling specifications in ASTM D4177 and the composite
calculations in ASTM D5854 (both incorporated by reference in Sec.
1090.95).
    (3) Describe any expectation or plan for you or another party to
perform additional downstream testing for the same fuel parameters.
    (4) Describe your quality assurance procedures. Describe any
experiences from the previous 3 years where these quality assurance
procedures led you to make corrections to your in-line blending
operation.
    (5) Describe any times from the previous 3 years that you modified
fuel after it came out of your blending operation. Describe how you
modified the fuel and why that was necessary.
    (6) Describe how you will meet the auditing requirements of
paragraph (c) of this section.
    (c) You must arrange for an audit of your blending operation each
calendar year that reviews procedures and documents to determine
whether measured and calculated values properly represent the aggregate
fuel properties for the blended fuel.
    (d) You must update your in-line blending waiver request 60 days
prior to making any material change to your in-line blending process.
    (e) If EPA approves your request for a waiver under this section,
you may need to update your procedures for more effective control and
documentation of measured fuel parameters based on audit results,
development of improved practices, or other information.

Sec.  1090.1320   Adding blendstock to PCG.

    The requirements of this section apply for refiners and blending
manufacturers that add blendstock to PCG to produce a new batch of
gasoline. Paragraph (c) of this section specifies an alternative
approach for certified butane and certified pentane blenders. Section
1090.1325 describes additional provisions that apply to transmix
processors.
    (a) Sample and test using one of the following methods to exclude
PCG from the compliance demonstration for sulfur and benzene:
    (1) Compliance by subtraction. (i) Sample and test the sulfur and
benzene content of each batch of PCG before blending blendstocks to
produce a new batch of gasoline.
    (ii) Determine the volume of PCG that was blended with blendstock
to produce a new batch of gasoline. Report the PCG as a negative batch
as specified in Sec.  1090.905(c)(3)(i).
    (iii) After adding blendstock to PCG, sample and test the sulfur
and benzene content of the new batch of gasoline.
    (iv) Determine the volume of the new batch of gasoline. Report the
new batch of gasoline as a positive batch as specified in Sec.
1090.905(c)(3)(ii).
    (v) Include the PCG batch and the new batch of gasoline in
compliance calculations as specified in Sec.  1090.700(d)(4)(i).
    (vi) The sample retention requirements in Sec.  1090.1345 apply for
both the new batch of gasoline and the associated PCG.
    (2) Compliance by addition. (i) Sample and test the sulfur and
benzene content of each batch of blendstock used to produce a new batch
of gasoline from PCG.
    (ii) Determine the volume of each batch of blendstock used to
produce the new batch of gasoline.
    (iii) Report each batch of blendstock as specified in Sec.
1090.905(c)(4).
    (iv) Include each batch of blendstock in compliance calculations as
specified in Sec.  1090.700(d)(4)(ii).

    (v) The sample retention requirements in Sec.  1090.1345 apply for
the new batch of gasoline and for each blendstock.
    (b) Regardless of the approach used under paragraph (a) of this
section, fuel manufacturers must determine the volume of each blended
batch of gasoline, and perform the following measurements for each
blended batch of gasoline using the procedures specified in Sec.
1090.1350:
    (1) Measure the sulfur content, benzene content, oxygenate content,
and for summer gasoline, RVP.
    (2) Determine the following distillation parameters: T10, T50, T90,
final boiling point, and distillation residue.
    (c) Certified butane or certified pentane blenders that blend
certified butane or certified pentane into PCG to make a new batch of
gasoline may comply with the following requirements instead of the
requirements of paragraphs (a) and (b) of this section:
    (1) For summer gasoline, measure RVP of the blended fuel. The fuel
manufacturer may rely on sulfur and benzene test results from the
certified butane or certified pentane producer. Note that Sec.
1090.245(e) disallows adding certified butane and certified pentane to
RFG.
    (2) Before blending the certified butane or certified pentane with
PCG, obtain a copy of the producer's test results indicating that the
certified butane or certified pentane meets the standards in Sec.
1090.220 or Sec.  1090.225, respectively.
    (3) The certified pentane blender must enter into a contract with
the certified pentane producer to verify that the certified pentane
producer has an adequate quality assurance program to ensure that the
certified pentane received will not be contaminated in transit.
    (4) The certified butane or certified pentane blender must conduct
a quality assurance program to demonstrate that the certified butane or
certified pentane meets the standards specified in Sec.  1090.220 or
Sec.  1090.225, respectively. The quality assurance program must be
based on sampling the more frequent of every 90 days or 500,000 gallons
of certified butane or certified pentane received from each producer.
The certified butane or certified pentane blender may rely on a third
party to perform the testing.

Sec.  1090.1325   Adding blendstock to TGP.

    The following provisions apply to transmix processors producing
gasoline by adding blendstock to TGP:
    (a) Perform testing for each batch of summer gasoline to
demonstrate compliance with the applicable RVP standard in Sec.
1090.215.
    (b) Measure the distillation endpoint for gasoline produced from
TGP as specified in Sec.  1090.1350.
    (c) Determine the volume, sulfur content, and benzene content of
each blendstock batch used to produce gasoline for reporting and
compliance calculations by following the sampling and testing
requirements in Sec.  1090.1320 and treating the TGP used to produce
the gasoline as PCG.
    (d) Sample and test the gasoline made from TGP and blendstock to
demonstrate compliance with the sulfur per-gallon standard in Sec.
1090.205(b) and the applicable RVP standard in Sec.  1090.215.
    (e) Transmix processors producing gasoline by only adding TGP to
PCG do not have to measure the benzene content of the finished
gasoline. Such transmix processors also do not have to measure the
oxygenate content of the finished gasoline if the records for each
blendstock show no oxygenate content.

Sec.  1090.1330   Preparing denatured fuel ethanol.

    Instead of measuring every batch, DFE producers and importers may
calculate the sulfur content of a batch of DFE as follows:
    (a) Determine the sulfur content of ethanol before adding
denaturant by measuring it as specified in Sec.  1090.1310 or by
estimating it based on your production quality control procedures.
    (b) Use the ppm sulfur content of certified ethanol denaturant
specified on the PTD for the batch. If the sulfur content is specified
as a range, use the maximum specified value.
    (c) Calculate the weighted sulfur content of the DFE using the
values determined under paragraphs (a) and (b) of this section.

Handling and Preparing Samples

Sec.  1090.1335   Collecting and preparing samples for testing.

    (a) General provisions. Use good laboratory practice to collect
samples to represent the batch you are testing. For example, take steps
to ensure that a batch is always well mixed before sampling. Also,
always take steps to prevent sample contamination, such as completely
flushing sampling taps and piping and pre-rinsing sample containers
with the product being sampled. Follow the procedures in paragraph (b)
of this section for manual sampling. Follow the procedures paragraph
(c) of this section for automatic sampling. Additional requirements for
measuring RVP are specified in paragraph (d) of this section.
    (b) Manual sampling. Perform manual sampling using one of the
methods specified in ASTM D4057 (incorporated by reference in Sec.
1090.95) as follows:
    (1) Use tap sampling or spot sampling to collect upper, middle, and
lower samples. Adjust spot sampling for partially filled tanks as shown
in Table 1 or Table 5 of ASTM D4057 as applicable. For tap sampling,
collect samples that most closely match the recommendations in Table 5
of ASTM D4057. If you test more than one sample for a given fuel
parameter, calculate the arithmetic average of the test results to
represent the batch and use the average result for determining
compliance with the standards under this part. Each measured sample
must meet all applicable per-gallon standards. If you test only one
sample for a given parameter, you must use that test result to
represent the batch. You may not use the results from a composite
sample to determine compliance with the standards under this part.
    (2) Collect a ``running'' or ``all-levels'' sample from the top of
the tank. Drawing a sample from a standpipe is acceptable only if it is
slotted or perforated to ensure that the drawn sample properly
represents the whole batch of fuel.
    (3) If the procedures in paragraphs (b)(1) and (2) of this section
are impractical for a given storage configuration, you may use
alternative sampling procedures as specified in ASTM D4057. This
applies primarily for sampling with trucks, railcars, retail stations,
and other downstream locations.
    (4) Test results with manual sampling are valid only after you
demonstrate homogeneity as specified in Sec.  1090.1337, except that
the homogeneity testing requirement does not apply in the following
cases:
    (i) There is only a single sample using the procedures specified in
paragraph (b)(1) of this section.
    (ii) Upright cylindrical tanks that have a liquid depth (from the
tank outlet) less than 10 feet.
    (iii) You draw spot or tap samples as specified in paragraph (b)(1)
of this section and test each sample for every parameter subject to a
testing requirement and use the worst-case test result for each
parameter for purposes of reporting, meeting per-gallon and average
standards, and all other aspects of compliance.
    (iv) Sampling at a downstream location where it is not possible to
collect separate samples and you take

steps to ensure that the batch is well mixed.
    (c) Automatic sampling. Perform automatic sampling as specified in
ASTM D4177 (incorporated by reference in Sec.  1090.95). Configure the
system to ensure a well-mixed stream at the sampling point. The default
sampling frequency should follow the recommended approach of at least
9,604 samples to represent a batch. EPA may approve a less frequent
sampling strategy under Sec.  1090.1315(b)(2) if it is appropriate for
a given facility or for a small-volume batch. Take steps to align the
start and end of sampling with the start and end of creating the batch.
    (d) Sampling provisions related to measuring RVP of summer
gasoline. The following additional provisions apply for preparing
samples to measure RVP of summer gasoline:
    (1) Meet the additional specifications for manual and automatic
sampling in ASTM D5842 (incorporated by reference in Sec.  1090.95).
    (2) If you measure RVP for multiple test samples to demonstrate
compliance, do not calculate an average result. Rather, each tested
sample must meet the applicable RVP standard.
    (3) If you measure other fuel parameters for a given sample in
addition to RVP testing, always measure RVP first.

Sec.  1090.1337   Demonstrating homogeneity.

    (a) Use the procedures in this section as specified in Sec.
1090.1335 to determine whether a batch is homogeneous and suitable for
parameter measurements under this subpart. If the batch is not
homogeneous, increase mixing or take other appropriate steps and repeat
the procedure.
    (b) Draw a sample representing different levels of stored fuel,
fuel additive, or regulated blendstock in the tank as specified in
Sec.  1090.1335(b)(1).
    (c) For testing to meet the gasoline standards in subpart C of this
part, demonstrate homogeneity using two of the procedures specified in
paragraph (c)(1) through (4) of this section. For summer gasoline, the
homogeneity demonstration must include RVP measurements.
    (1) Measure API gravity from each sample using ASTM D287, ASTM
D1298, or ASTM D4052 (incorporated by reference in Sec.  1090.95).
    (2) Measure the sulfur content of each sample as specified in this
subpart.
    (3) Measure the benzene content of each sample as specified in this
subpart.
    (4) Measure the RVP of each sample as specified in this subpart.
    (d) For testing to meet the diesel fuel standards in subpart D of
this part, demonstrate homogeneity using one of the procedures
specified in paragraph (c)(1) or (2) of this section.
    (e) Consider the batch to be homogeneous for a given parameter if
the measured values for all tested samples vary by less than the
published repeatability of the test method. If repeatability is a
function of measured values, calculate repeatability using the average
value of the measured parameter representing all tested samples.
Calculate using all meaningful significant figures as specified for the
test method, even if Sec.  1090.1350(c) describes a different
precision. For cases that do not require a homogeneity demonstration
under Sec.  1090.1335(b)(4), the lack of homogeneity demonstration does
not prevent a quantity of fuel, fuel additive, or regulated blendstock
from being considered a batch for demonstrating compliance with the
requirements of this part.

Sec.  1090.1340   Preparing a hand blend from BOB.

    (a) If you produce or import BOB and instruct downstream blenders
to add oxygenate, you must meet the sampling requirements of this
subpart by blending oxygenate into a BOB sample to represent the final
blended fuel. To do this, prepare each fuel sample by adding oxygenate
to the BOB sample in a way that corresponds to your instructions to
downstream blenders for the sampled batch of fuel. Prepare a hand blend
representing a worst case for oxygenate as follows:
    (1) Take steps to avoid introducing high or low bias in sulfur
content when selecting from available samples to create the hand blend.
For example, if there are three samples with discrete sulfur
measurements, select the sample with the mid-range sulfur content. In
other cases, randomly select the sample.
    (2) If your instructions allow for downstream blenders to add more
than one type or concentration of oxygenate, prepare a hand blend for
summer gasoline intended for blending with ethanol using the lowest
specified ethanol blend. For summer gasoline intended for blending only
with oxygenate other than ethanol, and for all winter gasoline, blend
at the lowest specified oxygenate concentration, regardless of the type
of oxygenate. For example, if you give instructions for a given batch
of BOB to perform downstream blending to make E10, E15, and an 8
percent blend with butanol, prepare a hand blend for testing winter
gasoline with 8 percent butanol, and prepare an E10 hand blend for
testing summer gasoline.
    (b) Blend the fuel using the procedures specified in ASTM D7717
(incorporated by reference in Sec.  1090.95). The blended fuel must
have an amount of oxygenate that does not exceed the oxygenate
concentration specified on the PTD for the BOB under Sec.
1090.1160(b)(1).
    (c) If you produce or import BOB and you blend in oxygenate before
selling or transporting the fuel, you must instead draw samples from
your blended fuel.

Sec.  1090.1345  Retaining samples.

    (a) Fuel manufacturers, regulated blendstock producers, and
independent surveyors must retain samples of fuel and oxygenate tested
under this subpart as follows:
    (1) If you test gasoline, diesel fuel, or oxygenate to measure any
parameter as required under this subpart, you must keep a
representative fuel sample for at least 30 days after testing is
complete, except that a longer sample retention of 120 days applies for
blending manufacturers that produce gasoline.
    (2) The nominal volume of retained samples must be at least 330 ml.
If you have only a single sample for testing, keep that sample after
testing is complete. If you collect multiple samples from a single
batch or you create a hand blend, select a representative sample as
follows:
    (i) If you test a hand blend under Sec.  1090.1340, keep a sample
of the BOB.
    (ii) For summer gasoline, keep an untested (or less tested) sample
that is most like the tested sample, as applicable. In all other cases,
keep the tested (or most tested) sample.
    (b) Oxygenate producers and importers must keep oxygenate samples
as follows:
    (1) Keep a representative sample of any tested oxygenate. Also keep
a representative sample of DFE if you used the provisions of Sec.
1090.1330 to calculate its sulfur content. The nominal volume of
retained samples must be at least 330 ml.
    (2) Keep all the samples you collect over the previous 21 days. If
you have fewer than 20 samples from the previous 21 days, continue
keeping the most recent 20 samples collected up to a maximum of 90 days
for any given sample.
    (c) Keep records of all calculations, test results, and test
methods for the batch associated with each stored sample.
    (d) If EPA requests a test sample, you must follow EPA's
instructions and send it to EPA by a courier service (or equivalent).
The instructions will describe where and when to send the sample. For
each test sample, you must

identify the test results and test methods used.
    (e) You are responsible for meeting the requirements of this
section even if a third party performs testing and stores the fuel
samples for you.

Measurement Procedures

Sec.  1090.1350  Overview of test procedures.

    Fuel manufacturers meet the requirements of this subpart based on
laboratory measurements of the specified fuel parameters. Test
procedures for these measurements apply as follows:
    (a) Except as specified in paragraph (b) of this section, the
Performance-based Measurement System specified in Sec. Sec.  1090.1360
through 1090.1375 applies for all testing specified in this subpart for
the following fuels and fuel parameters:
    (1) Sulfur content of diesel fuel.
    (2) Sulfur content of ECA marine fuel.
    (3) RVP, sulfur content, benzene content, and oxygenate content of
gasoline. The procedures for measuring sulfur in gasoline in this
subpart also apply for testing sulfur in certified ethanol denaturant;
however, demonstrating compliance for alternative procedures in Sec.
1090.1365 and statistical quality control in Sec.  1090.1375 do not
apply for sulfur concentration above 80 ppm.
    (4) Sulfur content of butane.
    (b) Specific test procedures apply for measuring other fuel
parameters, as follows:
    (1) Determine the cetane index of diesel fuel as specified in ASTM
D976 or ASTM D4737 (incorporated by reference in Sec.  1090.95). There
is no cetane-related test requirement for biodiesel.
    (2) Measure aromatic content of diesel fuel as specified in ASTM
D1319 or ASTM D5186 (incorporated by reference in Sec.  1090.95). You
may use an alternative procedure if you correlate your test results
with ASTM D1319 or ASTM D5186.
    (3) Measure the purity of butane and pentane as specified in ASTM
D2163 (incorporated by reference in Sec.  1090.95).
    (4) Measure the benzene content of butane and pentane as specified
in ASTM D5134 (incorporated by reference in Sec.  1090.95).
    (5) Measure the sulfur content of pentane as specified in ASTM
D6667 (incorporated by reference in Sec.  1090.95).
    (6) Measure distillation parameters of gasoline as specified in
ASTM D86 (incorporated by reference in Sec.  1090.95). You may use an
alternative procedure if you correlate your test results with ASTM D86.
    (7) Measure the sulfur content of neat ethanol as specified in ASTM
D5453 (incorporated by reference in Sec.  1090.95). You may use an
alternative procedure if you correlate your test results with ASTM
D5453.
    (8) Measure the phosphorus content of gasoline as specified in ASTM
D3231 (incorporated by reference in Sec.  1090.95).
    (9) Measure the lead content of gasoline as specified in ASTM D3237
(incorporated by reference in Sec.  1090.95).
    (10) Measure the sulfur content of gasoline additives and diesel
fuel additives as specified in ASTM D2622 (incorporated by reference in
Sec.  1090.95).
    (11) Use referee procedures specified in Sec.  1090.1360(d) and the
following additional methods to measure gasoline fuel parameters to
meet the survey requirements of subpart N of this part:

                      Table 1 to Paragraph (b)(11)
------------------------------------------------------------------------
        Fuel parameter                Units           Test method \1\
------------------------------------------------------------------------
Distillation (T50 and T90)....  [deg]C...........  ASTM D86.
Aromatic content..............  volume percent...  ASTM D5769.
Olefin content................  volume percent...  ASTM D6550.
------------------------------------------------------------------------
\1\ ASTM specifications are incorporated by reference in Sec.   1090.95.

    (12) Updated versions of the test procedures specified in this
section are acceptable as alternative procedures if both repeatability
and reproducibility are at least as precise as the values specified in
the earlier version.
    (c) Record measured values with the following precision, with
rounding in accordance with Sec.  1090.50:
    (1) Record sulfur content to the nearest whole ppm.
    (2) Record benzene to the nearest 0.01 volume percent.
    (3) Record RVP to the nearest 0.01 psi.
    (4) Record oxygenate content to the nearest 0.01 mass percent for
each calibrated oxygenate.
    (5) Record diesel aromatic content to the nearest 0.1 volume
percent, or record cetane index to the nearest whole number.
    (6) Record gasoline aromatic and olefin content to the nearest 0.1
volume percent.
    (7) Record distillation parameters to the nearest whole degree.
    (d) For any measurement or calculation that depends on the volume
of the test sample, correct the volume of the sample to a reference
temperature of 15.5 [deg]C (288.65 K). Use a correction equation that
is appropriate for each tested compound. This applies for all fuels,
blendstocks, and additives, except butane.

Sec.  1090.1355  Calculation adjustments and corrections.

    Adjust measured values for special circumstances as follows:

    (a) Adjust measured values for total vapor pressure as follows:
RVP (psi) = 0.956  Ptotal - 0.347

Where:

Ptotal = Measured total vapor pressure, in psi.

    (b) For measuring the sulfur and benzene content of gasoline,
adjust a given test result upward in certain circumstances, as follows:
    (1) If your measurement method involves a published procedure with
a Pooled Limit of Quantitation (PLOQ), treat the PLOQ as your final
result if your measured result is below the PLOQ.
    (2) If your measurement method involves a published procedure with
a limited scope but no PLOQ, treat the lower bound of the scope as your
final result if your measured result is less than that value.
    (3) If you establish a Laboratory Limit of Quantitation (LLOQ)
below the lower bound of the scope of the procedure as specified in
ASTM D6259 (incorporated by reference in Sec.  1090.95), treat the LLOQ
as your final result if your measured result is less than the LLOQ.
Note that this option is meaningful only if the LLOQ is less than a
published PLOQ, or if there is no published PLOQ.
    (c) For measuring the benzene content of butane and pentane, report
a zero value if the test result is at or below the PLOQ or Limit of
Detection (LOD) that applies for the test method.
    (d) If measured content of any oxygenate compound is less than 0.1
percent by mass, record the result as ``None detected.''

Sec.  1090.1360  Performance-based Measurement System.

    (a) The Performance-based Measurement System (PBMS) is an approach
that allows for laboratory testing with any procedure that meets
specified performance criteria. This subpart specifies the performance
criteria for measuring certain fuel parameters to demonstrate
compliance with the standards and other specifications of this part.
These provisions do not apply to process stream analyzers used with in-
line blending.
    (b) Different requirements apply for absolute fuel parameters and
method-defined fuel parameters.
    (1) Absolute fuel parameters are those for which it is possible to
evaluate measurement accuracy by comparing measured values of a test
sample to a reference sample with a known value for the measured
parameter. The following are absolute fuel parameters:
    (i) Sulfur. This applies for measuring sulfur in any fuel, fuel
additive, or regulated blendstock.
    (ii) [Reserved]
    (2) Method-defined fuel parameters are all those that are not
absolute fuel parameters. Additional test provisions apply for method-
defined fuel parameters under this section because there is no
reference sample for evaluating measurement accuracy.
    (c) The performance criteria of this section apply as follows:
    (1) Section 1090.1365 specifies the initial qualifying criteria for
all measurement procedures. You may use an alternative procedure only
if testing shows that you meet the initial qualifying criteria
    (2) Section 1090.1375 specifies ongoing quality testing
requirements that apply for laboratories that use either referee
procedures or alternative procedures.
    (3) Streamlined requirements for alternative procedures apply for
procedures adopted by a voluntary consensus standards body (VCSB).
Compliance testing with non-VCSB procedures requires advance approval
by EPA. Procedures are considered non-VCSB testing as follows:
    (i) Procedures developed by individual companies or other parties
are considered non-VCSB procedures.
    (ii) Draft procedures under development by a VCSB organization are
considered non-VCSB procedures until they are approved for publication.
    (iii) A published procedure is considered non-VCSB for testing with
fuel parameters that fall outside the range of values covered in the
research report of the ASTM D6708 (incorporated by reference in Sec.
1090.95) assessment comparing candidate alternative procedures to the
referee procedure specified in paragraph (d) of this section.
    (4) You may qualify updated versions of the referee procedures as
alternative procedures under Sec.  1090.1365. You may ask EPA for
approval to use an updated version of the referee procedure for
qualifying other alternative procedures if the updated referee
procedure has the same or better accuracy and precision compared to the
version specified in Sec.  1090.95. If the updated procedure has worse
accuracy and precision compared to the earlier version, you must
complete the required testing specified in Sec.  1090.1365 using the
older, referenced version of the referee procedure.
    (5) Any laboratory may use the specified referee procedure without
qualification testing. To use alternative procedures at a given
facility, you must perform the specified testing to demonstrate
compliance with precision and accuracy requirements, with the following
exceptions:
    (i) Testing you performed to qualify alternative procedures under
40 CFR part 80 continues to be valid for making the demonstrations
required in this part.
    (ii) Qualification testing is not required for laboratories that
measure the benzene content of gasoline using Procedure B of ASTM D3606
(incorporated by reference in Sec.  1090.95). However, qualification
testing may be necessary for updated versions of this procedure as
specified in Sec.  1090.1365(a)(2).
    (d) Referee procedures are presumed to meet the initial qualifying
criteria in this section. You may use alternative procedures if you
qualify them using the referee procedures as a benchmark as specified
in Sec.  1090.1365. The following are the referee procedures:

                        Table 1 to Paragraph (d)
------------------------------------------------------------------------
                                                       Referee procedure
         Tested product                Parameter              \1\
------------------------------------------------------------------------
ULSD, 500 ppm diesel fuel, ECA    Sulfur............  ASTM D2622.
 marine fuel, gasoline.
Butane..........................  Sulfur............  ASTM D6667.
Gasoline........................  oxygenate content.  ASTM D5599.
Gasoline........................  RVP...............  ASTM D5191, except
                                                       as specified in
                                                       Sec.
                                                       1090.1355(a).
Gasoline........................  benzene...........  ASTM D5769.
------------------------------------------------------------------------
\1\ ASTM specifications are incorporated by reference in Sec.   1090.95.

Sec.  1090.1365  Qualifying criteria for alternative measurement
procedures.

    This section specifies how to qualify alternative procedures for
measuring absolute and method-defined fuel parameters under the
Performance-based Analytical Test Method specified in Sec.  1090.1360.
    (a) The following general provisions apply for qualifying
alternative procedures:
    (1) Alternative procedures must have appropriate precision to allow
for reporting to the number of decimal places specified in Sec.
1090.1350(c).
    (2) Testing to qualify an alternative procedure applies for the
specified version of the procedure you use for making the necessary
measurements. Once an alternative procedure for a method-defined fuel
parameter is qualified for your laboratory, updated versions of that
same procedure are qualified without further testing, as long as the
procedure's specified reproducibility is the same as or better than the
values specified in the earlier version. For absolute fuel parameters,
updated versions are qualified without testing if both repeatability
and reproducibility are the same as or better than the values specified
in the earlier version.
    (3) Except as specified in paragraph (d) of this section, testing
to demonstrate compliance with the precision and accuracy
specifications in this section apply only for the test facility where
the testing occurred.
    (4) If a procedure for measuring benzene or sulfur in gasoline has
no specified PLOQ and no specified scope with a lower bound, you must
establish a LLOQ for your facility.

    (5) Testing for method-defined fuel parameters must take place at a
reference installation as specified in Sec.  1090.1370.
    (b) All alternative procedures must meet precision criteria based
on a calculated maximum allowable standard deviation for a given fuel
parameter as specified in this paragraph. The precision criteria apply
for measuring the parameters and fuels specified in paragraph (b)(3) of
this section. Take the following steps to qualify the measurement
procedure for measuring a given fuel parameter:
    (1) The fuel must meet the parameter specifications in Table 1 to
paragraph (b)(3) of this section. This may require that you modify the
fuel you typically produce to be within the specified range. Absent a
specification (maximum or minimum), select a fuel representing values
that are typical for your testing. Store and mix the fuel to maintain a
homogenous mixture throughout the measurement period to ensure that
each fuel sample drawn from the batch has the same properties.
    (2) Measure the fuel parameter from a homogeneous fuel batch at
least 20 times. Record each result in sequence. Do not omit any valid
results unless you use good engineering judgment to determine that the
omission is necessary and you document those results and the reason for
excluding them. Perform this analysis over a 20-day period. You may
make up to 4 separate measurements in a 24-hour period, as long as the
interval between measurements is at least 4 hours. Do not measure RVP
more than once from a single sample.
    (3) Calculate the maximum allowable standard deviation as follows:
    [GRAPHIC] [TIFF OMITTED] TP14MY20.022

Where:

[sigma]max = Maximum allowable standard deviation.
x1, x2, and x3 have the values from
the following table:

                                  Table 1 to Paragraph (b)(3)--Precision Criteria for Qualifying Alternative Procedures
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                x2 =
                                                                              Repeatability            Fixed  values
    Fuel, fuel additive, or      Fuel  parameter        Range         x1         (r) or         x3     of [sigma]max              Source \2\
     regulated blendstock                                                    reproducibility
                                                                                (R) \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
ULSD..........................  Sulfur..........  5 ppm minimum...     1.5  r=1.33..........    2.77          0.72    ASTM D3120-08 (2019).
500 ppm LM diesel fuel........  Sulfur..........  350 ppm minimum.     1.5  r=21.3..........    2.77          11.5    ASTM D2622-16.
ECA marine fuel...............  Sulfur..........  700 ppm minimum.     1.5  37.1............    2.77          20.1    ASTM D2622-16.
Butane........................  Sulfur..........  ................     1.5  r =                 2.77  ..............  ASTM D6667-14 (2019).
                                                                             0.1152[middot]x.
Gasoline......................  Sulfur..........  ................     1.5  r =                 2.77  ..............  ASTM D7039-15a.
                                                                             0.4998[middot]x
                                                                             0.54.
Gasoline......................  oxygenate.......  ................     0.3  R =                    1  ..............  ASTM D5599-18.
                                                                             0.13[middot]x0.
                                                                             83.
Gasoline......................  RVP \3\.........  ................     0.3  R=0.40..........       1          0.12    ASTM D5191-19.
Gasoline......................  Benzene.........  ................    0.15  R=0.221[middot]x       1  ..............  ASTM D5769-15.
                                                                             0.67.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Calculate repeatability and reproducibility using the average value determined from testing. Use units as specified in Sec.   1090.1350(c).
\2\ ASTM publications are incorporated by reference in Sec.   1090.95. Note that the listed procedure may be different than the referee procedure
  identified in Sec.   1090.1360(d), or it may be an older version of the referee procedure.
\3\ Use only 1-liter containers for testing to qualify alternative methods.

    (c) Alternative VCSB procedures for measuring absolute fuel
parameters (sulfur) must meet accuracy criteria based on the following
measurement procedure:
    (1) Obtain gravimetric sulfur standards to serve as representative
reference samples. The samples must have known sulfur content within
the ranges specified in paragraph (c)(3) of this section. The known
sulfur content is the accepted reference value (ARV) for the fuel
sample.
    (2) Measure the sulfur content of the fuel sample at your
laboratory at least 10 times, without interruption. Use good laboratory
practice to compensate for any known chemical interferences; however,
you must apply that same compensation for all tests to measure the
sulfur content of a test fuel. Calculate the arithmetic average of all
the measured values, including any compensation.
    (3) The measurement procedure meets the accuracy requirement as
follows:
    (i) Demonstrate accuracy for measuring sulfur in gasoline, gasoline
regulated blendstock, and gasoline additive using test fuels to
represent sulfur values from 1 to 10 ppm, 11 to 20 ppm, and 21 to 95
ppm. You may omit any of these ranges if you do not perform testing
with fuel in that range. Calculate the maximum allowable difference
between the average measured value and ARV for each applicable range as
follows:

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

Where:

[Delta]max = Maximum allowable difference.
[sigma]max = the maximum allowable standard deviation
from paragraph (b)(3) of this section using the sulfur content
represented by ARV.

    (ii) Demonstrate accuracy for measuring sulfur in diesel fuel using
test fuels meeting the specifications in Table 2 to this section. For
testing diesel-related blendstocks and additives, use representative
test samples meeting the appropriate sulfur specification. Table 2 to
paragraph (c)(3)(ii) of this section also identifies the maximum
allowable difference between average measured values and ARV
corresponding to ARV at the upper end of the specified ranges. These
values are based on calculations with the equation in paragraph
(c)(3)(i) of this section, with parameter values set to be equal to the
standard.

    Table 2 to Paragraph (c)(3)(ii)--Accuracy Criteria for Qualifying
 Alternative Procedures with Diesel Fuel and Diesel-Related Blendstocks
                              and Additives
------------------------------------------------------------------------
                                                     Illustrated maximum
            Fuel              Sulfur content (ppm)        allowable
                                                         differences
------------------------------------------------------------------------
ULSD........................  10-20...............                  0.54
500 ppm LM diesel fuel......  450-500.............                  8.65
ECA marine fuel.............  900-1,000...........                  15.1
------------------------------------------------------------------------

    (d) Alternative VCSB procedures for measuring method-defined fuel
parameters must meet accuracy criteria as follows:
    (1) You may use the alternative procedure only if you follow all
the statistical protocols and meet all the criteria specified in
Section 6 of ASTM D6708 (incorporated by reference in Sec.  1090.95)
when comparing your measurements using the alternative procedure to
measurements at a reference installation using the appropriate referee
test method identified in Sec.  1090.1360(d).
    (2) For qualifying alternative procedures, determine whether the
alternative procedure needs a correlation equation to correct bias
relative to the reference test method. Create such a correlation
equation as specified in Section 7 of ASTM D6708. For all testing,
apply the correlation equation to adjust measured values to be
statistically consistent to measuring with the reference test method.
    (3) If an alternative VCSB procedure states that the procedure has
a successful assessment relative to the referee procedures in this
section under ASTM D6708, that finding applies for all test facilities
using that procedure.
    (e) Alternative non-VCSB procedures for measuring absolute fuel
parameters (sulfur) must meet accuracy criteria as follows:
    (1) Demonstrate whether the procedure meets statistical criteria
and whether it needs a correlation equation as specified in paragraphs
(d)(1) and (2) of this section. Apply the correlation equation for all
testing with the alternative procedure.
    (2) Demonstrate at your laboratory that the alternative procedure
meets the accuracy criteria specified in paragraph (c) of this section.
    (3) Send EPA a written request to use the alternative procedure. In
your request, fully describe the procedure to show how it functions for
achieving accurate measurements and include detailed information
related to your assessment under paragraph (d)(1) and (2) of this
section.
    (f) Alternative non-VCSB procedures for measuring method-defined
fuel parameters must meet accuracy and precision criteria as follows:
    (1) Demonstrate whether the procedure meets statistical criteria
and whether it needs a correlation equation as specified in paragraphs
(d)(1) and (2) of this section. Apply the correlation equation for all
testing with the alternative procedure.
    (2) Test with a range of fuels that are typical of those you will
analyze at your laboratory. Use either consensus-named fuels or
locally-named reference materials. Consensus-named fuels are
homogeneous fuel quantities sent around to different laboratories for
analysis, which results in a ``consensus name'' representing the
average value of the parameter for all participating laboratories.
Locally named reference materials are fuel samples analyzed using the
reference test method, either at your laboratory or at a reference
installation, to establish an estimated value for the fuel parameter;
locally named reference materials usually come from the fuel you
produce.
    (3) You may qualify your procedure as meeting the variability
requirements of paragraph (f)(1) of this section only for a narrower,
defined range of fuels. If this is the case, identify the appropriate
range of fuels in your request for approval and describe how you will
screen fuel samples accordingly.
    (4) Qualify the precision of the alternative procedure by comparing
results to testing with the referee procedure based on ``between
methods reproducibility,'' Rxy, as specified in ASTM D6708. The Rxy
must be at or below 75 percent of the reproducibility of the referee
procedure from Sec.  1090.1360(d).
    (5) Perform testing at your laboratory as specified in paragraph
(b) of this section to establish the repeatability of the alternative
procedure. The repeatability must be as good as or better than that
specified in paragraph (b)(3) of this section.
    (6) Fully describe the procedure to show how it functions for
achieving accurate measurements. Describe the technology, test
instruments, and testing method so a competent person lacking
experience with the procedure and test instruments would be able to
replicate the results.
    (7) Engage a third-party auditor to review and verify your
information as follows:
    (i) The auditor must qualify as an independent third party and meet
the specifications for technical ability as specified in Sec.  1090.55.
    (ii) The auditor must send you a report describing their inspection
of your facilities and their review of the information supporting your
request to use the alternative procedure. The report must describe how
the auditor performed the review, identify any errors or discrepancies,
and state whether the information supports a conclusion that the
alternative procedure should be approved.
    (iii) The auditor must keep records related to the review for at
least 5 years after sending you the report and provide those records to
EPA upon request.
    (8) Send EPA a written request to use the alternative procedure.
Include the specified information and any additional information EPA
needs to evaluate your request.
    (g) Keep fuel samples from any qualification testing under this
section for at least 180 days after you have taken all steps to qualify
an alternative procedure under this section. This applies for testing
at your laboratory and at any reference installation you use for
demonstrating the accuracy of an alternative procedure.

Sec.  1090.1370   Qualifying criteria for reference installations.

    (a) A reference installation refers to a test facility that uses
the referee test method specified in Sec.  1090.1360(d) to evaluate the
accuracy of alternative procedures for method-defined parameters, by
comparing measured values to companion tests using one of the referee
procedures in Sec.  1090.1360(d). This evaluation may result in an
equation to correlate results between the two procedures. Once a
facility qualifies as a reference installation, that qualification is
valid for five years from the qualifying date, consistent with good
laboratory practices.
    (b) Qualify a reference installation for VCSB procedures by
participating in an interlaboratory crosscheck program with at least 16
separate measurements that are not identified as outliers. This
presumes that the results for the candidate reference installation are
not outliers.
    (c) Qualify a reference installation for non-VCSB procedures based
on the following measurement protocol:
    (1) Use the precision testing procedure specified in Sec.
1090.1365(b) to show that your standard deviation for tests using the
reference test method is at or below 0.3 times the reproducibility for
a given fuel parameter.
    (2) You must correlate your test results for a given fuel parameter
against the accepted reference values from a monthly crosscheck program
based on Section <IP_ADDRESS> and Note 7 of ASTM D6299 (incorporated by
reference in Sec.  1090.95) as follows:
    (i) If there are multiple fuels available from the crosscheck
program, select the fuel that has the closest value to the standard. If
there is no standard for a given fuel parameter, select the fuel with
values for the fuel parameter that best represent typical values for
fuels you test.
    (ii) Measure the fuel parameter for the crosscheck fuel at your
facility using the appropriate referee procedure. Calculate

a mean value that includes all your repeat measurements.
    (iii) Determine the mean value from the crosscheck program and
calculate the difference between this value and the mean value from
your testing. Express this difference as a certain number of standard
deviations relative to the data set from the crosscheck program.
    (iv) The calculated monthly difference between the mean values from
Sec.  1090.1365(c)(3)(ii) for 5 consecutive months must fall within the
central 50 percent of the distribution of data at least 3 times. The
central 50 percent of the distribution corresponds to 0.68 standard
deviations.
    (v) Calculate the mean value of the differences from Sec.
1090.1365(c)(3)(ii) for all 5 months. This mean value must fall within
the central 50 percent of the distribution of data from the crosscheck
program. For example, if the difference was 0.5 standard deviations for
two months, 0.6 for one month, and 0.7 for two months, the mean value
of the difference is 0.6 standards deviations, and the reference
installation meets the requirements of this paragraph.
    (3) You must demonstrate that the reference installation is in
statistical quality control for at least 5 months with the designated
procedure as specified in ASTM D6299 (incorporated by reference in
Sec.  1090.95). If at any point the reference installation is not in
statistical quality control, you must make any necessary changes and
restart testing toward meeting the requirement to achieve statistical
quality control for at least 5 months, except as follows:
    (i) Do not consider measurements you perform as part of regular
maintenance or recalibration for evaluating statistical quality
control.
    (ii) If you find that the reference installation is not in
statistical quality control during an initial 5-month period and you
are able to identify the problem and make the necessary changes to
again achieve statistical quality control before the end of the 5-month
demonstration period, you may consider the reference installation as
meeting the requirement to be in statistical quality control for at
least 5 months.

Sec.  1090.1375  Quality control procedures.

    This section specifies ongoing quality testing requirements as part
of the Performance-based Measurement System specified in Sec.
1090.1360.
    (a) General provisions. You must perform testing to show that your
test facility meets specified precision and accuracy criteria as
follows:
    (1) The testing requirement applies for the referee procedures in
Sec.  1090.1360(d) and for alternate procedures that are qualified or
approved under Sec.  1090.1365. The testing requirements apply
separately for each test instrument at each test facility.
    (2) If you fail to conduct specified testing, your test facility is
not qualified for measuring fuel parameters to demonstrate compliance
with the standards and other specifications of this part until you
perform this testing. Similarly, if your test facility fails to meet
the specified criteria, it is not qualified for measuring fuel
parameters to demonstrate compliance with the standards and other
specifications of this part until you make the necessary changes to
your test facility and perform testing to show that the test facility
again meets the specified criteria.
    (3) If you perform major maintenance such as overhauling an
instrument, confirm that the instrument still meets precision and
accuracy criteria before you start testing again based on the
procedures specified in ASTM D6299 (incorporated by reference in Sec.
1090.95).
    (4) Keep records to document your testing under this section for 5
years.
    (b) Precision demonstration. Show that you meet precision criteria
as follows:
    (1) Meeting the precision criteria of this paragraph (b) qualifies
your test facility for performing up to 20 production tests or 7 days,
whichever is less.
    (2) Perform precision testing using the control-chart procedures in
ASTM D6299. If you opt to use the Q-procedure, validate the first run
on the new QC batch by either an overlap in-control result of the old
batch, or by a single execution of an accompanying standard reference
material. The new QC material result would be considered validated if
the single result of the standard reference material is within the
established site precision (R') of the ARV of the standard reference
material, as determined by ASTM D6792 (incorporated by reference in
Sec.  1090.95).
    (3) Use I charts and MR charts as specified in ASTM D6299 to show
that the long-term standard deviation for the test facility meets the
precision criteria specified in Sec.  1090.1365(b).
    (c) Accuracy demonstration. For absolute fuel parameters (VCSB and
non-VCSB) and for method-defined fuel parameters using non-VCSB
methods, you must show that you meet accuracy criteria as specified in
this paragraph. For method-defined VCSB procedures, you may meet
accuracy requirements as specified in this paragraph or by comparing
your results to the accepted reference value in an inter-laboratory
crosscheck program sponsored by ASTM International or another VCSB at
least 3 times per year.
    (1) Meeting the accuracy criteria of this paragraph (c) qualifies
your test facility for 130 days.
    (2) Except as specified in paragraph (c)(3) of this section, test
every instrument using a check standard meeting the specifications of
ASTM D6299. Select a fuel sample with an ARV that is at or slightly
below the standard that applies. If there are both average and batch
standards, use the average standard. If there is no standard, select a
fuel sample representing fuel that is typical for your testing.
    (3) The following provisions apply for method-defined non-VCSB
alternative procedures with high sensitivity to sample-specific bias:
    (i) Procedures have high sensitivity if the closeness sum of
squares (CSS) statistic exceeds the 95th percentile value, as specified
in ASTM D6708 (incorporated by reference in Sec.  1090.95).
    (ii) Create a check standard from production fuel representing the
fuel you will routinely analyze. Determine the ARV of your check
standard using the protocol in ASTM D6299 at a reference installation
as specified in Sec.  1090.1370.
    (iii) You must send EPA a fuel sample from every twentieth batch of
gasoline or diesel fuel and identify the procedures and corresponding
test results from your testing. EPA may return one of your samples to
you for further testing; if this occurs, you must repeat your
measurement and report your results within 180 days of receiving the
fuel sample.
    (4) You meet accuracy requirements under this section if the
difference between your measured value for the check standard and the
ARV is less than the value from the following equation:
[GRAPHIC] [TIFF OMITTED] TP14MY20.023

Where:

[Delta]max = Maximum allowable difference.
R = Reproducibility of the referee procedure identified in Sec.
1090.1360(d), as noted in Table 1 to paragraph (b)(3) of Sec.
1090.1365 or in the following table:

                                           Table 1 to Paragraph (c)(3)
----------------------------------------------------------------------------------------------------------------
             Tested product                     Referee  procedure \1\             Reproducibility  (R) \2\
----------------------------------------------------------------------------------------------------------------
ULSD, 500 ppm diesel fuel, ECA marine    ASTM D2622.........................  R= 0.4273[middot]x 0.8015
 fuel, diesel fuel additive, gasoline,
 gasoline regulated blendstock, and
 gasoline additive.
Butane.................................  ASTM D6667.........................  R= 0.3130[middot]x
----------------------------------------------------------------------------------------------------------------
\1\ ASTM specifications are incorporated by reference in Sec.   1090.95.
\2\ Calculate reproducibility using the average value determined from testing. Use units as specified in Sec.
  1090.1350(c).

L = the total number of test results used to determine the ARV of a
consensus-named fuel. For testing locally named fuels for which no
consensus-based ARV applies, use L = [infin].

Testing Related to Gasoline Deposit Control

Sec.  1090.1390  Requirement for Automated Detergent Blending Equipment
Calibration.

    (a) Automated detergent blending facilities must calibrate their
automated detergent blending equipment once in each calendar half-year,
with the acceptable calibrations being no less than 120 days apart.
    (b) Equipment recalibration is also required each time the
detergent package is changed, unless written documentation indicates
that the new detergent package has the same viscosity as the previous
detergent package. Calibrating after changing the detergent package may
be used to satisfy the semiannual recalibration requirement in
paragraph (a) of this section, provided that the calibrations occur in
the appropriate calendar half-year and are no less than 120 days apart.

Sec.  1090.1395  Gasoline deposit control test procedures.

    Gasoline detergent manufacturers must perform testing as specified
in paragraph (a), (b), or (c) of this section to establish the lowest
additive concentration (LAC) for the detergent.
    (a) Top Tier-Based Test Method. Use the procedures specified in
ASTM D6201 (incorporated by reference in Sec.  1090.95), as follows:
    (1) Use a base fuel that conforms to the specifications for
gasoline-alcohol blends in ASTM D4814 (incorporated by reference in
Sec.  1090.95). Blendstocks used to formulate the test fuel must be
derived from conversion units downstream of distillation, with all
processes representing normal fuel manufacturing facility operations.
Blendstocks may not come from chemical grade streams. Butane and
pentane may be added to adjust vapor pressure. The base fuel should
include any nondetergent additives typical of commercially available
fuel if they may positively or negatively affect deposit formation. In
addition, the base fuel must have the following properties:
    (i) 8.0-10.0 Volume percent DFE that meets the requirements in
Sec.  1090.230 and conforms to the specifications of ASTM D4806
(incorporated by reference in Sec.  1090.95).
    (ii) At least 8.0 volume percent olefins.
    (iii) At least 15 volume percent aromatics.
    (iv) No more than 80 ppm sulfur.
    (v) T90 distillation temperature at or above 143 [deg]C.
    (vi) No detergent-active substance. A base fuel with typical
nondetergent additives, such as antioxidants, corrosion inhibitors, and
metal deactivators, may be used.
    (2) Perform the 100-hour test for intake valve deposits with the
base fuel to demonstrate that the intake valves accumulate at least 500
mg on average. If the test engine fails to accumulate enough deposits,
make any necessary adjustments and repeat the test. This demonstration
is valid for any further detergent testing with the same base fuel.
    (3) Repeat the test on the same engine with a specific
concentration of detergent added to the base fuel. If the test results
in less than 50 mg average per intake valve, the tested detergent
concentration is the LAC for the detergent.
    (b) CARB-Based Test Method. Use the procedures specified by CARB in
Title 13, California Code of Regulations, section 2257.
    (1) A detergent tested under this option or certified under 40 CFR
80.163(d) prior to January 21, 2021, may be used at the LAC specified
for use in the state of California in any gasoline in the United
States.
    (2) The gasoline detergent manufacturer must cease selling a
detergent immediately upon being notified by CARB that the CARB
certification for this detergent has been invalidated and must notify
EPA under 40 CFR 79.21.
    (c) Alternative test methods. (1) An EPA-approved alternative test
method may be used if the alternative test method can be correlated to
any one of the following methods.
    (i) The Top Tier-Based Test Method specified in paragraph (a) of
this section.
    (ii) The CARB-Based Test Method in paragraph (b) of this section.
    (iii) The retired EPA BMW Test Method as follows:
    (A) Prepare the test fuel with the following specification:
    (1) Sulfur--minimum 340 ppm.
    (2) T-90--minimum 339 degrees Fahrenheit.
    (3) Olefins--minimum 11.4 volume percent.
    (4) Aromatics--minimum 31.1 volume percent.
    (5) Ethanol--minimum 10 volume percent.
    (6) Sulfur, T-90, olefins, and aromatics specifications must be met
prior to the addition of ethanol.
    (7) Di-tert-butyl disulfide may be added to the test fuel to help
meet the sulfur specification.
    (B) Using the test fuel meeting the requirements of paragraphs
(c)(1)(iii)(A) of this section, test the test fuel with and without
detergent in accordance with ASTM D5500 (incorporated by reference in
Sec.  1090.95) and under the following conditions:
    (1) The unadditized fuel's test results must meet or exceed 290 mg
per valve on average.
    (2) The required test fuel, including detergent additives, must
produce the accumulation of less than 100 mg of intake valve deposits
on average.
    (3) The duration of the demonstration tests under ASTM D5500 may be
less than the specified 10,000 miles, provided the results satisfy the
standards of this paragraph.
    (C) If the demonstration test results do not meet the criteria in
paragraph (c)(1)(iii)(B) of this section, then the formulated fuel may
not be used for detergent deposit control testing.
    (2) Alternative test methods for detergent additives must be
correlated to one of the methods specified in paragraph (c)(1) of this
section in the submission.
    (3) Information describing the alternative test method and analysis
demonstrating correlation must be submitted for EPA approval as
specified in Sec.  1090.10.

Subpart N--Survey Provisions

Sec.  1090.1400   National fuels survey program participation.

    (a) Gasoline manufacturers that elect to account for the addition
of oxygenate added downstream under Sec.  1090.710 must participate in
the national fuel survey program specified in this subpart.
    (b) Parties required to participate in an E15 survey under Sec.
1090.1420(a) must participate in the national fuels survey specified in
this subpart or a survey approved by EPA under Sec.  1090.1420(b) or
(c).
    (c) Other parties may elect to participate in the national fuel
survey program for purposes of establishing an affirmative defense
against violations of requirements and provisions under this part as
specified in Sec.  1090.1720.

Sec.  1090.1405   National fuels survey program requirements.

    The national fuels survey program must meet all the following
requirements:
    (a) The survey program must be planned and conducted by an
independent surveyor that meets the independence requirements in Sec.
1090.55 and the requirements specified in Sec.  1090.1410.
    (b) The survey program must be conducted at a representative sample
of gasoline and diesel retail outlets in the United States as specified
in Sec.  1090.1415.

Sec.  1090.1410   Independent surveyor requirements.

    The independent surveyor conducting the national fuels survey
program must meet all the following requirements:
    (a) Submit a proposed survey program plan under Sec.  1090.1415 to
EPA for approval for each calendar year.
    (b)(1) Obtain samples representative of the gasoline and diesel
fuel (including diesel fuel made available at retail to nonroad
vehicles, engines, and equipment) offered for sale separately from all
gasoline and diesel retail outlets in accordance with the survey
program plan approved by EPA, or immediately notify EPA of any refusal
of a retailer to allow samples to be taken.
    (2) Obtain the number of samples representative of the number of
gasoline retail outlets offering E15.
    (3) Collect samples of gasoline produced at blender pump using
``method 1'' specified in NIST Handbook 158 (incorporated by reference,
see Sec.  1090.95). All other samples of gasoline and diesel fuel must
be collected using the methods specified in subpart M of this part.
    (4) Samples must be shipped via ground service to an EPA-approved
laboratory within 2 business days of being collected.
    (c) Test, or arrange to be tested, the collected samples, as
follows:
    (1) Gasoline samples must be analyzed for oxygenate content, sulfur
content, and benzene content. Gasoline samples collected from June 1
through September 15 must also be analyzed for RVP.
    (2) A subset of gasoline samples, as determined by Sec.
1090.1415(e)(3), must also be analyzed for aromatics content, olefins
content, and distillation parameters (i.e., T50 and T90).
    (3) Diesel samples must be analyzed for sulfur content.
    (4) All samples must be tested by an EPA-approved laboratory using
the test methods specified in subpart M of this part.
    (5) All testing must be completed by the EPA-approved laboratory
within 10 business days after receipt of the sample.
    (d) Verify E15 labeling requirements at gasoline retail outlets
that offer E15 for sale.
    (e) Using procedures specified in an EPA-approved plan under Sec.
1090.1415, notify EPA, the retailer, and the branded fuel manufacturer
(if applicable) within 24 hours after the EPA-approved laboratory has
completed analysis when any of the following occur:
    (1) A test result for a gasoline sample yields a sulfur content
result that exceeds the sulfur standard in Sec.  1090.205(c).
    (2) A test result for a gasoline sample yields an RVP result that
exceeds the applicable RVP standard in Sec.  1090.215.
    (3) A test result for a diesel sample yields a sulfur content
result that exceeds the sulfur standard in Sec.  1090.305(b).
    (4) A test result for a gasoline sample identified as ``E15''
yields an ethanol content result that exceeds 15 volume percent.
    (5) A test result for a gasoline sample not identified as ``E15''
yields an ethanol content of more than 10 volume percent ethanol.
    (f) Provide to EPA quarterly and annual summary reports that
include the information specified in Sec.  1090.925.
    (g) Keep records related to the national fuels survey program as
specified in Sec.  1090.1245(b)(1).
    (h) Submit contracts to EPA as specified in Sec.  1090.1430.
    (i) Permit any representative of EPA to monitor at any time the
conducting of the survey, including sample collection, transportation,
storage, and analysis.

Sec.  1090.1415   Survey plan design requirements.

    The national fuels survey program plan must include all the
following:
    (a) Number of surveys. The survey program plan must include 4
surveys each calendar year that occur during the following time
periods:
    (1) One survey during the period of January 1 through March 31.
    (2) One survey during the period of April 1 through June 30.
    (3) One survey during the period of July 1 through September 30.
    (4) One survey during the period of October 1 through December 31.
    (b) Sampling areas. The survey program plan must include sampling
in all sampling strata during each survey. These sampling strata must
be further divided into discrete sampling areas or clusters. Each
survey must include sampling in at least 40 sampling areas in each
stratum that are randomly selected.
    (c) No advance notice of surveys. The survey program plan must
include procedures to keep the identification of the sampling areas
that are included in the plan confidential from any participating party
prior to the beginning of a survey in an area. However, this
information must not be kept confidential from EPA.
    (d) Gasoline and diesel retail outlet selection. (1) Gasoline and
diesel retail outlets to be sampled in a sampling area must be selected
from among all gasoline retail outlets in the United States that sell
gasoline with the probability of selection proportionate to the volume
of gasoline sold at the retail outlet. The sample of retail outlets
must also include gasoline retail outlets with different brand names as
well as those gasoline retail outlets that are unbranded.
    (2) For any gasoline or diesel retail outlet from which a sample of
gasoline or diesel was collected during a survey was reported to EPA
under Sec.  1090.1410(e), that gasoline or diesel retail outlet must be
included in the subsequent survey.
    (3) At least one sample of a product dispensed as E15 must be
collected at each gasoline retail outlet when E15 is present, and
separate samples must be taken that represent the gasoline contained in
each storage tank at the gasoline retail outlet unless collection of
separate samples is not practicable.
    (4) At least one sample of a product dispensed as diesel fuel must
be collected at each diesel fuel retail outlet when diesel fuel is
present. Samples of diesel fuel may be collected at retail outlets that
sell gasoline.

    (e) Number of samples. (1) The number of retail outlets to be
sampled must be independently calculated for the total number of
gasoline retail outlets and the total number of diesel fuel retail
outlets. The same retail outlet may represent both a gasoline retail
outlet and a diesel fuel retail outlet for purposes of determining the
number of samples.
    (2) The minimum number of samples to be included in the survey plan
for each calendar year is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TP14MY20.024

Where:

n = Minimum number of samples in a year-long survey series. However,
n must be greater than or equal to 2,000 for the number of diesel
samples or 5,000 for the number of gasoline samples.
Z[alpha] = Upper percentile point from the normal
distribution to achieve a one-tailed 95% confidence level (5%
[alpha]-level). For purposes of this survey program,
Z[alpha] equals 1.645.
Z[beta] = Upper percentile point to achieve 95% power.
For purposes of this survey program, Z[beta] equals
1.645.
[phiv]1 = The maximum proportion of non-compliant outlets
for a region to be deemed compliant. This parameter needs to be 5%
or greater (i.e., 5% or more of the outlets, within a stratum such
that the region is considered non-compliant).
[phiv]0 = The underlying proportion of non-compliant
outlets in a sample. For the first survey plan, [phiv]0
will be 2.3%. For subsequent survey plans, [phiv]0 will
be the average of the proportion of outlets found to be non-
compliant over the previous 4 surveys.
Fa = Adjustment factor for the number of extra samples
required to compensate for samples that could not be included in the
survey (e.g., due to technical or logistical considerations), based
on the number of additional samples required during the previous 4
surveys. Fa must be greater than or equal to 1.1.
Fb = Adjustment factor for the number of samples required
to resample each retail outlet with test results reported to EPA
under Sec.  1090.1410(e), based on the rate of resampling required
during the previous 4 surveys. Fb must be greater than or
equal to 1.1.
Sun = Number of surveys per year. For purposes of this
survey program, Sun equals 4.
Stn = Number of sampling strata. For purposes of this
survey program, Stn equals 3.

    (3) The number of gasoline samples that also need to be tested for
aromatics, olefins, and distillation parameters under Sec.
1090.1410(c)(2) must be calculated using the methodology specified in
paragraph (e)(2) of this section without the Fa,
Fb, and Sun parameters.
    (4) The number of samples determined under paragraphs (e)(2) and
(3) of this section must be distributed approximately equally among the
4 surveys conducted during the calendar year.
    (f) Laboratory designation. Any laboratory that the independent
surveyor intends to use to test samples collected as part of the
national fuels survey program must be approved annually as part of the
national fuels survey program plan approval process in Sec.  1090.1425.
In the survey program plan submitted to EPA, the independent surveyor
must include the following information regarding any laboratory they
intend to use to test samples:
    (1) The name of the laboratory.
    (2) The address of the laboratory.
    (3) The test methods for each fuel parameter measured at the
laboratory.
    (4) Reports demonstrating the laboratory's performance in a
laboratory cross-check program for the most recent 12 months prior to
submission of the plan.
    (g) Submission. Plans submitted under this section must be approved
annually under Sec.  1090.1425.

Sec.  1090.1420   Additional requirements for E15 misfueling mitigation
surveying.

    (a) E15 misfueling mitigation survey requirement. (1) Any gasoline
manufacturer, oxygenate blender, or oxygenate producer that produces,
introduces into commerce, sells, or offers for sale E15, gasoline, BOB,
DFE, or gasoline-ethanol blended fuel that is intended for use in or as
E15 must comply with either survey program Option 1 (as specified in
paragraph (b) of this section) or Option 2 (as specified in paragraph
(c) of this section).
    (2) For oxygenate producers that produce or import DFE, the DFE is
deemed as intended for use in E15 unless an oxygenate producer
demonstrates that it was not intended for such use. Oxygenate producers
may demonstrate, at a minimum, that DFE is not intended for use in E15
by including language on PTDs stating that the DFE is not intended for
use in E15, entering into contracts with oxygenate blenders to limit
the use of their DFE to gasoline-ethanol blended fuels of no more than
10 volume percent, and limiting the concentration of their DFE to no
more than 10 volume percent in their fuel additive registration under
40 CFR part 79.
    (b) Survey Option 1. To comply with the E15 misfueling mitigation
survey requirement specified in paragraph (a) of this section, the
gasoline manufacturer, oxygenate blender, or oxygenate producer must
properly conduct a survey program in accordance with a survey program
plan that has been approved by EPA in all areas that may be reasonably
expected to be supplied with their gasoline, BOB, DFE, or gasoline-
ethanol blended fuel. Such approval must be based on a survey program
plan meeting all the following requirements:
    (1) The survey program must consist of at least quarterly surveys
that occur during the following time periods in every year during which
the gasoline manufacturer, oxygenate blender, or oxygenate producer
introduces E15 into commerce:
    (i) One survey during the period of January 1 through March 31.
    (ii) One survey during the period of April 1 through June 30.
    (iii) One survey during the period of July 1 through September 30.
    (iv) One survey during the period of October 1 through December 31.
    (2) The survey program plan must meet all the requirements of this
subpart, except for Sec. Sec.  1090.1400, 1090.1405(b), 1090.1410(c)(2)
and (3), and 1090.1415(b), (d)(1), (2), and (4), and (e). In lieu of
meeting these exempted sections, the survey program plan must specify
the sampling strata, clusters, and area(s) to be surveyed, and the
number of samples to be included in the survey.
    (c) Survey Option 2. To comply with the E15 misfueling mitigation
survey requirement specified in paragraph (a) of this section, the
gasoline manufacturer, oxygenate blender, or oxygenate producer must
participate in the survey program specified in Sec.  1090.1405.

Sec.  1090.1425   Program plan approval process.

    (a) A program plan that complies with the requirements in Sec.
1090.1415 or Sec.  1090.1440 must be submitted to EPA no later than
October 15 of the year preceding the calendar year in which the program
will be conducted.
    (b) The program plan must be signed by an RCO of the independent
surveyor conducting the program.
    (c) The program plan must be submitted as specified in Sec.
1090.10.
    (d) EPA will send a letter to the party submitting the program plan
that indicates whether EPA approves or disapproves the plan.

Sec.  1090.1430   Independent surveyor contract.

    (a) No later than December 15 of the year preceding the year in
which the survey will be conducted, the contract with the independent
surveyor must be in effect, and the amount of compensation necessary to
carry out the entire survey plan must either be paid to the independent
surveyor or placed into an escrow account with instructions to the
escrow agent to remit the compensation to the independent surveyor
during the course of the survey plan.
    (b) No later than December 31 of the year preceding the year in
which the survey will be conducted, EPA must receive a copy of the
contract with the independent surveyor and proof that the compensation
necessary to carry out the survey plan has either been paid to the
independent surveyor or placed into an escrow account. If placed into
an escrow account, a copy of the escrow agreement must be sent to EPA.

Sec.  1090.1440   National sampling oversight program requirements.

    (a) National sampling oversight program participation. (1) Except
for gasoline manufacturers that have an approved in-line blending
waiver under Sec.  1090.1315, any gasoline manufacturer that elects to
account for the addition of oxygenate added downstream under Sec.
1090.710 must participate in the national sampling oversight program in
this section.
    (2) Other gasoline manufacturers may elect to participate in the
national sampling oversight program for purposes of establishing an
affirmative defense to a violation under Sec.  1090.1720.
    (3) Gasoline manufacturers that elect to participate in the
national sampling oversight program must test, or arrange to be tested,
samples collected from their gasoline manufacturing facilities as
specified in paragraph (c)(2) of this section and report results to the
independent surveyor within 10 business days of the date the sample was
collected.
    (b) National sampling oversight program requirements. The national
oversight sampling program must meet all the following requirements:
    (1) The national oversight sampling program must be planned and
conducted by an independent surveyor that meets the independence
requirements in Sec.  1090.55 and the requirements of paragraph (c) of
this section.
    (2) The national sampling oversight program must be conducted at
each gasoline manufacturing facility from all participating gasoline
manufacturers.
    (c) Independent surveyor requirements. The independent surveyor
conducting the national sampling oversight program must meet all the
following requirements:
    (1) Submit a proposed national sampling oversight program plan that
meets the requirements of paragraph (d) of this section to EPA for
approval each calendar year.
    (2)(i) Obtain at least one sample representing summer gasoline and
one sample representing winter gasoline for each participating gasoline
manufacturing facility.
    (ii) Observe the gasoline manufacturer collect at least one sample
representing summer gasoline and one sample representing winter
gasoline for each participating gasoline manufacturing facility. The
independent surveyor must also obtain a portion of the sample collected
by the gasoline manufacturer and ship the sample as specified in
paragraph (c)(2)(v) of this section. The observed sample does not need
to represent a batch of certified gasoline (i.e., the independent
surveyor may observe the collection of a simulated sample if the
gasoline manufacturer does not have a batch of certified gasoline
available).
    (iii) The independent surveyor must immediately notify EPA of any
refusal of a gasoline manufacturer to allow samples to be taken.
Gasoline manufacturers that refuse to allow the independent surveyor to
take portions of collected samples are no longer considered by EPA to
participate in the national sampling oversight program and may not
account for the addition of oxygenate added downstream under Sec.
1090.710.
    (iv) Samples must be retained by the independent surveyor as
specified in Sec.  1090.1345(a).
    (v) Samples collected must be shipped via ground service within 2
business days from when the samples are collected to an EPA-approved
laboratory as established in an approved plan under this section. A
random subset of collected samples must also be shipped to the EPA
National Vehicle and Fuel Emissions Laboratory as established in an
approved plan under this section.
    (3) Test, or arrange to be tested, samples collected under
paragraph (c)(2) of this section as follows:
    (i) Winter gasoline samples must be analyzed for oxygenate content,
sulfur content, benzene content, distillation parameters, aromatics,
and olefins.
    (ii) Summer gasoline samples must be analyzed for oxygenate
content, sulfur content, benzene content, distillation parameters,
aromatics, olefins, and RVP.
    (iii) All samples must be tested by an EPA-approved laboratory
using test methods specified in subpart M of this part.
    (iv) All analyses must be completed by the EPA-approved laboratory
within 10 business days after receipt of the sample.
    (v) Gasoline manufacturers must analyze gasoline samples for sulfur
and benzene content, and for summer gasoline, RVP.
    (4) Using procedures specified in the EPA-approved plan under this
section, notify EPA and the gasoline manufacturer within 24 hours after
the EPA-approved laboratory has completed analysis when any of the
following occur:
    (i) A test result for a gasoline sample yields a sulfur content
result that exceeds the sulfur standard in Sec.  1090.205(b).
    (ii) A test result for a gasoline sample yields an RVP result that
exceeds the applicable RVP standard in Sec.  1090.215.
    (5) Make the test results available to EPA and the gasoline
manufacturer for all analyses specified in paragraph (c)(3) of this
section within 5 business days of completion of the analysis.
    (6) Compare test results of all samples collected under paragraph
(c)(2) of this section and all test results obtained from the gasoline
manufacturer from the same samples as specified in paragraph (a)(3) of
this section and inform EPA and the gasoline manufacturer if the test
result for any parameter tested under paragraph (c)(3) of this section
is greater than the reproducibility of the applicable method specified
in subpart M of this part.
    (7) Provide to EPA quarterly and annual summary reports that
include the information specified in subpart J of this part.
    (8) Keep records related to the national sampling oversight program
as specified in Sec.  1090.1245(b)(3).

    (9) Submit contracts to EPA as specified in Sec.  1090.1430.
    (10) Review the test performance index and precision ratio for each
method and instrument the laboratory used to test the gasoline samples
collected under this section as follows:
    (i) For each test method and instrument, the surveyor must obtain
the relevant records from the gasoline manufacturer to determine the
site precision, either from an inter-laboratory crosscheck program or
from ASTM D6299 (incorporated by reference in Sec.  1090.95).
    (ii) Using relevant information obtained from the gasoline
manufacturers, the surveyor must determine the appropriate Test
Performance Index (TPI) and Precision Ration (PR) from ASTM D6792 Table
2 Guidelines for Action Based on TPI (incorporated by reference in
Sec.  1090.95).
    (iii) Report as part of the quarterly and annual reporting
requirements in Sec.  1090.925 the determined site precision under
paragraph (c)(10)(i) of this section and the test performance index
under paragraph (c)(10)(ii) of this section.
    (iv) Gasoline manufacturers must supply copies of the necessary
information to the independent surveyor to review the TPI and PR for
each method and instrument used to test the gasoline samples collected
under this section.
    (11) Permit any representative of EPA to monitor at any time the
conducting of the national sampling oversight program, including sample
collection, transportation, storage, and analysis.
    (d) National sampling oversight program plan requirements. The
national sampling oversight program plan specified in paragraph (c)(1)
of this section must include, at a minimum, all the following:
    (1) Advance notice of sampling. The program plan must include
procedures on how to keep the identification of the gasoline
manufacturing facilities included in the program plan confidential with
minimal advanced notification from any participating gasoline
manufacturer prior to collecting a sample. However, this information
must not be kept confidential from EPA.
    (2) Gasoline manufacturing facility selection. (i) Each
participating gasoline manufacturing facility must be sampled at least
once during the summer season and once during the winter season. The
plan must demonstrate how these facilities will be randomly selected
within the summer and winter seasons.
    (ii) In addition to the summer and winter sample collected at each
participating gasoline manufacturing facility, additional oversight
samples are required under paragraph (d)(3)(ii) of this section. The
independent surveyor must identify how these samples will be randomly
distributed among participating gasoline manufacturing facilities.
    (3) Number of samples. (i) The number of gasoline manufacturing
facilities to be sampled must be calculated for the total number of
samples to be collected for the next calendar year as part of the
program plan.
    (ii) The minimum number of samples to be included in the program
plan for each calendar year is calculated as follows:

n = R * Fa * Fb * Sun

Where:

n = Minimum number of samples in a year.
R = The number of participating gasoline manufacturing facilities.
Fa = Adjustment factor for the number of extra samples
required to compensate for samples that could not be included in the
national sampling oversight program (e.g., due to technical or
logistical considerations), based on the number of additional
samples required during the previous 2 calendar years. Fa
must be greater than or equal to 1.1.
Fb = Adjustment factor for the number of samples required
to ensure oversight. For purposes of this program, Fb
equals 1.25.
Sun = Number of samples required per participating
facility per year. For purposes of this program, Sun
equals 2.

    (4) Laboratory designation. Any laboratory that the independent
surveyor intends to use to test samples collected as part of the
national sampling oversight program specified in this subpart must be
approved annually as part of the sampling oversight program plan
approval process in Sec.  1090.1425. The independent surveyor must
include the following information regarding any laboratory it intends
to use to test samples:
    (i) The name of the laboratory.
    (ii) The address of the laboratory.
    (iii) The test methods for each fuel parameter measured at the
laboratory.
    (iv) Reports demonstrating the laboratory's performance in a
laboratory cross-check program for the most recent 12 months prior to
submission of the plan.
    (5) Sampling procedure. The plan must include a detailed
description of the sampling procedures used to collect samples at
participating gasoline manufacturing facilities.
    (6) Notification of test results. The plan must include a
description of how the independent surveyor will notify EPA and
gasoline manufacturers of test results under paragraph (c)(4) of this
section.
    (7) Submission. Plans submitted under this section must be approved
annually under Sec.  1090.1425.

Subpart O--Retailer and Wholesale Purchaser-Consumer Provisions

Sec.  1090.1500   Overview.

    (a) Retailers and WPCs must meet the labeling requirements in
Sec. Sec.  1090.1510 and 1090.1515, as applicable, and the refueling
hardware requirements in Sec. Sec.  1090.1550 through 1090.1565, as
applicable.
    (b) An alternative label design to those specified in this subpart
may be used if the design is approved by EPA prior to use and meets all
the following requirements:
    (1) The alternative label must be similar in substance and
appearance to the EPA-required label.
    (2) The alternative label must contain the same informational
elements.
    (3) The alternative label must be submitted as specified in Sec.
1090.10.

Labeling

Sec.  1090.1510   E15 labeling provisions.

    Any retailer or WPC dispensing E15 must apply a label to the fuel
dispenser as follows:
    (a) Position the label to clearly identify which control the
consumer will use to select E15. If the dispenser is set up to dispense
E15 without the consumer taking action to select the fuel, position the
label on a vertical surface in a prominent place, approximately at eye
level.
    (b) Figure 1 of this section shows the required content and
formatting. Use black letters on an orange background for the lower
portion and the diagonal ``Attention'' field and use orange letters on
a black background for the rest of the upper portion. Font size is
shown in Figure 1. Set vertical position and line spacing as
appropriate for each field. Dimensions are nominal values.

[GRAPHIC] [TIFF OMITTED] TP14MY20.025

Sec.  1090.1515   Diesel sulfur labeling provisions.

    Any retailer or WPC dispensing heating oil, 500 ppm LM diesel fuel,
or ECA marine fuel must apply labels to fuel dispensers as follows:
    (a) Labels must be in a prominent location where the consumer will
select or dispense either the corresponding fuel or heating oil. The
label content must be in block letters of no less than 24-point bold
type, printed in a color contrasting with the background.
    (b) Labels must include the following statements, or equivalent
alternative statements approved by EPA:
    (1) For dispensing heating oil along with any kind of diesel fuel
for any kind of engine, vehicle, or equipment, apply the following
label:

HEATING OIL

WARNING

    Federal law prohibits use in highway vehicles or engines, or in
nonroad, locomotive, or marine diesel engines.
    Its use may damage these diesel engines.
    (2) For dispensing 500 ppm LM diesel fuel, apply the following
label:

LOCOMOTIVE AND MARINE DIESEL FUEL (500 ppm Sulfur Maximum)

WARNING

    Federal law prohibits use in nonroad engines or in highway vehicles
or engines.
    (3) For dispensing ECA marine fuel, apply the following label:

ECA MARINE FUEL (1,000 ppm Sulfur Maximum).

For use in Category 3 (C3) marine vessels only.

WARNING

    Federal law prohibits use in any engine that is not installed in a
C3 marine vessel; use of fuel oil with a sulfur content greater than
1,000 ppm in an ECA is prohibited except as allowed by 40 CFR part
1043.
    Note: If a pump dispensing 500 ppm LM diesel fuel is labeled with
the ``LOW SULFUR LOCOMOTIVE AND MARINE DIESEL FUEL (500 ppm Sulfur
Maximum)'' label, the retailer or WPC does not need to replace this
label.

Refueling Hardware

Sec.  1090.1550   Requirements for gasoline dispensing nozzles used
with motor vehicles.

    (a) The following refueling hardware specifications apply for any
nozzle installation used for dispensing gasoline into motor vehicles:
    (1) The outside diameter of the terminal end must not be greater
than 21.3 mm.
    (2) The terminal end must have a straight section of at least 63
mm.
    (3) The retaining spring must terminate at least 76 mm from the
terminal end.
    (b) For nozzles that dispense gasoline into motor vehicles, the
dispensing flow rate may not exceed a maximum value of 10 gallons per
minute. The flow rate may be controlled through any means in the pump/
dispenser system, as long as it does not exceed the specified maximum
value. Any dispensing pump dedicated to heavy-duty vehicles or
airplanes is exempt from this flow-rate requirement. Dispensing pumps
primarily used with marine vessels must instead meet the requirements
in Sec.  1090.1555.

Sec.  1090.1555   Requirements for gasoline dispensing nozzles used
primarily with marine vessels.

    The refueling hardware specifications of this section apply for any
nozzle installation used primarily for dispensing gasoline into marine
vessels. Note that nozzles meeting these specifications also meet the
specifications of Sec.  1090.1550(a).
    (a) The outside diameter of the terminal end must have a diameter
of 20.93  00.43 mm.
    (b) The spout must include an aspirator hole for automatic shutoff
positioned with a center that is 17.0  01.3 mm from the
terminal end of the spout.
    (c) The terminal end must have a straight section of at least 63.4
mm with no holes or grooves other than the aspirator hole.

    (d) The retaining spring (if applicable) must terminate at least 76
mm from the terminal end.

Sec.  1090.1560   Requirements related to dispensing natural gas.

    (a) Except for pumps dedicated to heavy-duty vehicles, any pump
installation used for dispensing natural gas into motor vehicles must
have a nozzle and hose configuration that vents no more than 1.2 grams
of natural gas during a complete refueling event for a vehicle meeting
the requirements of 40 CFR 86.1813-17(f)(1).
    (b) Determine the vented volume using calculations based on the
geometric shape of the nozzle and hose.

Sec.  1090.1565   Requirements related to dispensing liquefied
petroleum gas.

    (a) Except for pumps dedicated to heavy-duty vehicles, any pump
installation used for dispensing liquefied petroleum gas into motor
vehicles must have a nozzle that has no greater than 2.0 cm\3\ dead
space from which liquefied petroleum gas will be released when the
nozzle disconnects from the vehicle.
    (b) Determine the volume of the nozzle cavity using calculations
based on the geometric shape of the nozzle, with an assumed flat
surface where the nozzle face seals against the vehicle.

Subpart P--Importer and Exporter Provisions

Sec.  1090.1600   General provisions for importers.

    (a) This subpart contains provisions that apply to any person who
imports fuel, fuel additive, or regulated blendstock.
    (b) Importers that import fuel at multiple import facilities must
comply with the gasoline average standards as specified in Sec.
1090.705(b) unless the importer elects to comply with the alternative
per-gallon standards for rail and truck imports specified in Sec. Sec.
1090.205(d) and 1090.210(c).
    (c) Importers must separately comply with any applicable
certification or other requirements for U.S. Customs.
    (d) Alternative testing requirements for importers that import
gasoline or diesel fuel by rail or truck are specified in Sec.
1090.1610.

Sec.  1090.1605  Importation by marine vessel.

    Importers that import fuel, fuel additive, or regulated blendstock
using a marine vessel must comply with the requirements of this
section.
    (a) Importers must certify each fuel, fuel additive, or regulated
blendstock imported at each port, even if it is transported by the same
vessel making multiple stops.
    (b)(1) Except as specified in paragraph (d) of this section,
importers must certify each fuel, fuel additive, or regulated
blendstock while it is onboard the vessel used to transport it to the
United States, and certification sampling must be performed after the
vessel's arrival at the port where the fuel, fuel additive, or
regulated blendstock will be offloaded.
    (2) Importers must sample each compartment of the vessel and treat
each compartment as a separate batch unless the importer collects and
combines samples from separate compartments into a single, volume-
weight composite sample using ASTM D4057 (incorporated by reference in
Sec.  1090.95) and demonstrates that the fuel, fuel additive, or
regulated blendstock is homogeneous across the compartments under Sec.
1090.1337.
    (3) Importers must ensure that all applicable per-gallon standards
are met before offloading the fuel, fuel additive, or regulated
blendstock.
    (4) Importers must not rely on testing conducted by a foreign
supplier.
    (c) Once the fuel, fuel additive, or regulated blendstock on a
vessel has been certified under paragraph (b) of this section, it may
be transferred to shore tanks using smaller vessels or barges
(lightered) as a certified fuel, fuel additive, or regulated
blendstock. These lightering transfers may be to terminals located in
any harbor and are not restricted to terminals located in the harbor
where the vessel is anchored. For example, certified gasoline could be
transferred from an import vessel anchored in New York harbor to a
lightering vessel and transported to Albany, New York or Providence,
Rhode Island without separately certifying the gasoline upon arrival in
Albany or Providence. In this lightering scenario, transfers of
certified gasoline to a lightering vessel must be accompanied by PTDs
that meet the PTD requirements of subpart K of this part.
    (d) As an alternative to paragraphs (b) and (c) of this section,
importers may offload fuel, fuel additive, or regulated blendstock into
shore tanks containing the same fuel, fuel additive, or regulated
blendstock if the importer meets the following requirements:
    (1) For gasoline, importers must offload gasoline into one or more
empty shore tanks or tanks containing PCG that the importer owns.
    (i) If importers offload gasoline into one or more empty shore
tanks, they must sample and test the sulfur and benzene content, and
for summer gasoline, RVP, of each shore tank into which the gasoline
was offloaded.
    (ii) If importers offload gasoline into one or more shore tanks
containing PCG, they must sample the PCG already in the shore tank
prior to offloading gasoline from the marine vessel, test the sulfur
and benzene content, and report this PCG as a batch with a negative
volume. After offloading the gasoline into the shore tanks, the
importer must sample and test the sulfur and benzene content, and RVP
for summer gasoline, of each shore tank into which the gasoline was
offloaded and report the volume and sulfur and benzene content as a
positive batch.
    (2) For all other fuel, fuel additive, or regulated blendstock,
importers must sample and test the fuel, fuel additive, or regulated
blendstock in each shore tank into which it was offloaded. Importers
must ensure that all applicable per-gallon standards are met before the
fuel, fuel additive, or regulated blendstock is shipped from the shore
tank.

Sec.  1090.1610   Importation by rail or truck.

    Importers that import fuel, fuel additive, or regulated blendstock
by rail or truck may meet the sampling and testing requirements of
subpart M of this part based on test results from the supplier if they
meet all the following requirements:
    (a) The importer must get documentation of test results from the
supplier for each batch of fuel, fuel additive, or regulated blendstock
in accordance with the following requirements:
    (1) The testing must include measurements for all the fuel
parameters specified in Sec.  1090.1310 using the measurement
procedures specified in Sec.  1090.1350.
    (2) Testing for a given batch must occur after the most recent
delivery into the supplier's storage tank and before transferring the
fuel, fuel additive, or regulated blendstock to the railcar or truck.
    (b) The importer must conduct testing to verify test results from
each supplier as follows:
    (1) Collect a sample at least once every 30 days or every 50 rail
or truckloads from a given supplier, whichever is more frequent. Test
such samples as specified in paragraphs (a)(1) and (2) of this section.
    (2) Treat importation of each fuel, fuel additive, or regulated
blendstock separately, but treat railcars and truckloads together if
the fuel, fuel additive, or regulated blendstock is imported from a
given supplier by rail and truck.

    (c) If the importer fails to meet the requirements of paragraphs
(a) and (b) of this section, they must perform testing as specified in
Sec.  1090.1310 until EPA determines that the importer has adequately
addressed the cause of the failure.

Sec.  1090.1615   Gasoline treated as a blendstock.

    (a) Importers may exclude GTAB from their compliance calculations
if they meet all the following requirements:
    (1) The importer reports such GTAB to EPA under Sec.
1090.905(c)(7).
    (2) Such GTAB is treated as blendstock at a related gasoline
manufacturing facility that produces gasoline using the GTAB.
    (3) The related gasoline manufacturing facility must report the
gasoline produced using such GTAB and must include the gasoline
produced using such GTAB in their compliance calculations.
    (b) After importation, the title of the GTAB may not be transferred
to another party until the GTAB has been blended to produce gasoline
and all applicable standards and requirements have been met for the
gasoline produced.
    (c) The facility at which the GTAB is used to produce gasoline must
be physically located at either the same terminal at which the GTAB
first arrives in the United States, the import facility, or at a
facility to which the GTAB is directly transported from the import
facility.
    (d)(1) The importer must treat the GTAB as if were imported
gasoline and complete all requirements for gasoline manufacturers under
Sec.  1090.105(a) (except for the sampling, testing, and sample
retention requirements in Sec.  1090.105(a)(5)) for the GTAB at the
time it is imported.
    (2) Any GTAB that ultimately is not used to produce gasoline (e.g.,
a tank bottom of GTAB) must be treated as newly imported gasoline and
must meet all applicable requirements for imported gasoline.

Sec.  1090.1650   General provisions for exporters.

    Except as specified in this section and in subpart G of this part,
gasoline and diesel fuel produced, imported, distributed, or offered
for sale in the United States is subject to the standards and
requirements of this part.
    (a) Fuels designated for export by a fuel manufacturer are not
subject to the standards in this part, provided they are ultimately
exported to a foreign country. However, such fuels must be designated
at the fuel manufacturing facility and must be accompanied by PTDs
stating that the fuel is for ``export only'' under subpart K of this
part. Fuel manufacturers must keep records to demonstrate that the fuel
was exported. Fuel designated for export must be segregated from all
fuel intended for use in the United States.
    (b) Fuel not designated for export may be exported without
restriction. However, the fuel remains subject to the provisions of
this part while in the United States. For example, fuel designated as
ULSD must meet the applicable sulfur standards under this part even if
it will later be exported.
    (c) Fuel that has been classified as American Goods Returned to the
U.S. by the U.S. Customs Service is not considered to be imported for
purposes of this part, provided all the following requirements are met:
    (1) Such fuel was produced at a fuel manufacturing facility located
within the United States and has not been mixed with fuel produced at a
fuel manufacturing facility located outside the United States.
    (2) Such fuel must be included in compliance calculations by the
producing fuel manufacturer.
    (3) All the fuel that was exported must ultimately be classified as
American Goods Returned to the U.S. and none may be used in a foreign
country.
    (4) No fuel classified as American Goods Returned to the U.S. may
be combined with any fuel produced at a foreign fuel manufacturing
facility prior to importation into the United States.

Subpart Q--Compliance and Enforcement Provisions

Sec.  1090.1700   Prohibited acts.

    (a) No person may violate any prohibited act in this part or fail
to meet a requirement that applies to that person under this part.
    (b) No person may cause another person to commit an act in
violation of this part.

Sec.  1090.1705   Evidence related to violations.

    (a)(1) EPA may use results from any testing required by this part
to determine whether a given fuel, fuel additive, or regulated
blendstock meets any applicable standard. However, EPA may also use any
other evidence or information to make this determination if the
evidence or information supports the conclusion that the fuel, fuel
additive, or regulated blendstock would fail to meet one or more of the
parameter specifications in this part if the appropriate sampling and
testing methodology had been correctly performed. Examples of other
relevant information include business records, commercial documents,
and measurements with alternative procedures.
    (2) Testing to determine noncompliance with this part may occur at
any location and be performed by any party.
    (b) Determinations of compliance with the requirements of this part
other than the fuel, fuel additive, or regulated blendstock standards,
and determinations of liability for any violation of this part, may be
based on information from any source or location. Such information may
include, but is not limited to, business records and commercial
documents.

Sec.  1090.1710   Penalties.

    (a) Any person liable for a violation under this part is subject to
civil penalties as specified in 42 U.S.C. 7524 and 7545 for every day
of such violation and the amount of economic benefit or savings
resulting from each violation.
    (b)(1) Any person liable for the violation of an average standard
under this part is subject to a separate day of violation for each and
every day in the compliance period.
    (2) Any person liable under this part for a failure to fulfill any
requirement for credit generation, transfer, use, banking, or deficit
correction is subject to a separate day of violation for each and every
day in the compliance period in which invalid credits are generated or
used.
    (c)(1) Any person liable under this part for a violation of a per-
gallon standard, or of causing another party to violate a per-gallon
standard, is subject to a separate day of violation for each and every
day the non-complying fuel, fuel additive, or regulated blendstock
remains any place in the distribution system.
    (2) For the purposes of paragraph (c)(1) of this section, the
length of time the fuel, fuel additive, or regulated blendstock that
violates a per-gallon standard remained in the distribution system is
deemed to be 25 days, unless a person subject to liability or EPA
demonstrates by reasonably specific showings, by direct or
circumstantial evidence, that the non-complying fuel, fuel additive, or
regulated blendstock remained in the distribution system for fewer than
or more than 25 days.
    (d) Any person liable for failure to meet, or causing a failure to
meet, any other provision of this part is liable for a separate day of
violation for each and every day such provision remains unfulfilled.

    (e) For any person that fails to meet separate parameter
requirements of this part, these count as separate violations.
    (f) Violation of any misfueling prohibition under this part counts
as a separate violation for each and every day the noncompliant fuel,
fuel additive, or regulated blendstock remains in any engine, vehicle,
or equipment.
    (g) The presumed values of fuel parameters in paragraphs (g)(1)
through (6) of this section apply for cases in which any person fails
to perform required testing and must be reported, unless EPA, in its
sole discretion, approves a different value in writing. EPA may
consider any relevant information to determine whether a different
value is appropriate.
    (1) For gasoline: 970 ppm sulfur, 5 volume percent benzene, and 11
psi RVP.
    (2) For diesel fuel: 1,000 ppm sulfur.
    (3) For ECA marine fuel: 5,000 ppm sulfur.
    (4) For the PCG portion for PCG by subtraction under Sec.
1090.1320(a)(1): 0 ppm sulfur and 0 volume percent benzene.
    (5) For fuel additives: 970 ppm sulfur.
    (6) For regulated blendstocks: 970 ppm sulfur and 5 volume percent
benzene.

Sec.  1090.1715   Liability provisions.

    (a) Any person who violates any requirement in this part is liable
for the violation.
    (b) Any person who causes someone to commit a prohibited act under
this subpart is liable for violating that prohibition.
    (c) Any parent corporation is liable for any violation committed by
any of its wholly-owned subsidiaries.
    (d) Each partner to a joint venture, or each owner of a facility
owned by two or more owners, is jointly and severally liable for any
violation of this subpart that occurs at the joint venture facility or
facility owned by the joint owners, or is committed by the joint
venture operation or any of the joint owners of the facility.
    (e)(1) Any person that produced, imported, sold, offered for sale,
dispensed, supplied, offered for supply, stored, transported, caused
the transportation or storage of, or introduced into commerce fuel,
fuel additive, or regulated blendstock that is in the storage tank
containing fuel, fuel additive, or regulated blendstock that is found
to be in violation of a per-gallon standard is liable for the
violation.
    (2) In order for a carrier to be liable under paragraph (e)(1) of
this section, EPA must demonstrate by reasonably specific showing, by
direct or circumstantial evidence, that the carrier caused the
violation.
    (f) If a fuel manufacturer's corporate, trade, or brand name is
displayed at a facility where a violation occurs, the fuel manufacturer
is liable for the violation. This also applies where the displayed
corporate, trade, or brand name is from the fuel manufacturer's
marketing subsidiary.

Sec.  1090.1720   Affirmative defense provisions related to
noncompliant fuel, fuel additive, or regulated blendstock.

    (a) Any person liable for a violation under Sec.  1090.1715(e) or
(f) will not be deemed in violation if the person demonstrates all the
following:
    (1) The violation was not caused by the person or the person's
employee or agent.
    (2) In cases where PTD requirements of this part apply, the PTDs
account for the fuel, fuel additive, or regulated blendstock found to
be in violation and indicate that the violating fuel, fuel additive, or
regulated blendstock was in compliance with the applicable requirements
while in that person's control.
    (3) The person conducted a quality assurance program, as specified
in paragraph (d) of this section.
    (i) A carrier may rely on the quality assurance program carried out
by another party, including the party that owns the fuel in question,
provided that the quality assurance program is carried out properly.
    (ii) Retailers and WPCs are not required to conduct sampling and
testing of fuel as part of their quality assurance program.
    (b) For a violation found at a facility operating under the
corporate, trade, or brand name of a fuel manufacturer, or a fuel
manufacturer's marketing subsidiary, the fuel manufacturer must show,
in addition to the defense elements required under paragraph (a) of
this section, that the violation was caused by one of the following:
    (1) An act in violation of law (other than the Clean Air Act or
this part), or an act of sabotage or vandalism.
    (2) The action of any retailer, distributor, reseller, oxygenate
blender, carrier, retailer, or WPC in violation of a contractual
agreement between the branded fuel manufacturer and the person designed
to prevent such action, and despite periodic sampling and testing by
the branded fuel manufacturer to ensure compliance with such
contractual obligation.
    (3) The action of any carrier or other distributor not subject to a
contract with the fuel manufacturer, but engaged for transportation of
fuel, fuel additive, or regulated blendstock despite specifications or
inspections of procedures and equipment that are reasonably calculated
to prevent such action.
    (c) For any person to show under paragraph (a) of this section that
a violation was not caused by that person, or to show under paragraph
(b) of this section that a violation was caused by any of the specified
actions, the person must demonstrate by reasonably specific showings,
through direct or circumstantial evidence, that the violation was
caused or must have been caused by another person and that the person
asserting the defense did not contribute to that other person's
causation.
    (d) To demonstrate an acceptable quality assurance program under
paragraph (a)(3) of this section, a person must present evidence of all
the following:
    (1)(i) A periodic sampling and testing program adequately designed
to ensure the fuel, fuel additive, or regulated blendstock the person
sold, dispensed, supplied, stored, or transported meets the applicable
per-gallon standard. A person may meet this requirement by
participating in a survey program under subpart N of this part that was
in effect at the time of the violation.
    (ii) In addition to the requirements in paragraph (d)(1)(i) of this
section, gasoline manufacturers must also participate in the national
sampling oversight program specified in Sec.  1090.1440 at the time of
the violation.
    (2) On each occasion when a fuel, fuel additive, or regulated