(5) At the completion of the program, any emission control systems
or elements of design that are damaged or rendered inoperative must be
replaced on vehicles remaining in service, or the responsible person
will be liable for a violation of 42 U.S.C. 7522(a)(3) unless
sufficient evidence is supplied that the emission controls or elements
of design were not damaged.
    (e) Approval of exemption. EPA may grant an R&D exemption upon a
demonstration that the requirements of this section have been met. The
R&D exemption may include such terms and conditions as EPA determines
necessary to monitor the exemption and to carry out the purposes of
this part, including restoration of emission control systems.
    (1) The volume of fuel subject to the approval must not exceed the
estimated amount in paragraph (c)(3)(iv) of this section, unless EPA
grants a greater amount.
    (2) Any exemption granted under this section will expire at the
completion of the test program or 1 year from the date of approval,
whichever occurs first, and may only be extended upon re-application
consistent will all requirements of this section.
    (3) In granting an exemption, EPA may include terms and conditions,
including replacement of emission control devices or elements of
design, which EPA determines are necessary for monitoring the exemption
and for assuring that the purposes of this part are met.
    (4) If any information required by paragraph (c) of this section
changes after approval of the exemption, the responsible person must
notify EPA in writing immediately. Failure to do so may result in
disapproval of the exemption or may make it void ab initio and may make
the party liable for a violation of this part.
    (f) Notification of completion. Any person with an approved
exemption under this section must notify EPA in writing within 30 days
after completion of the R&D program.

Sec.  1090.615   Racing and aviation exemptions.

    (a) Fuel, fuel additive, and regulated blendstock that is used in
aircraft, or racing vehicles or racing boats in sanctioned racing
events, is exempt from the standards in subparts C and D of this part
if all the requirements of this section are met.
    (b) The fuel, fuel additive, or regulated blendstock is identified
on PTDs and any fuel dispenser from which such fuel, fuel additive, or
regulated blendstock is dispensed, as restricted for use either in
aircraft, or in racing motor vehicles or racing boats that are used
only in sanctioned racing events.
    (c) The fuel, fuel additive, or regulated blendstock is completely
segregated from all other non-exempt fuel, fuel additive, or regulated
blendstock throughout production, distribution, and sale to the
ultimate consumer.
    (d) The fuel, fuel additive, or regulated blendstock is not made
available for use as gasoline or diesel fuel subject to the standards
in subparts C and D of this part, as applicable, or dispensed for use
in motor vehicles or nonroad engines, vehicles, or equipment, including
locomotive and marine engines, except for those used only in sanctioned
racing events.

    (e) Any party that transports fuel exempt under this section must
take reasonable precautions to avoid the contamination of nonexempt
fuel. For example, parties should prepare tanker trucks under API
recommended practice 1595 or the Energy Institute & Joint Inspection
Group standard 1530 to avoid contamination of nonexempt fuel when the
same tanker truck is used to transport exempt and nonexempt fuels.

Sec.  1090.620   Exemptions for Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.

    Fuel that is produced, imported, sold, offered for sale, supplied,
offered for supply, stored, dispensed, or transported for use in the
territories of Guam, American Samoa, or the Commonwealth of the
Northern Mariana Islands, is exempt from the standards in subparts C
and D of this part if all the following requirements are met:
    (a) The fuel is designated by the fuel manufacturer as gasoline,
diesel fuel, or IMO marine fuel for use only in Guam, American Samoa,
or the Commonwealth of the Northern Mariana Islands.
    (b) The fuel is used only in Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands.
    (c) The fuel is accompanied by PTDs meeting the requirements of
subpart K of this part.
    (d) The fuel is completely segregated from non-exempt gasoline,
diesel fuel, and IMO marine fuel at all points throughout production,
distribution, and sale to the ultimate consumer from the point the fuel
is designated as exempt fuel for use only in Guam, American Samoa, or
the Commonwealth of the Northern Mariana Islands, while the exempt fuel
is in the United States (including an ECA or an ECA associated area
under 40 CFR 1043.20) but outside these territories.

Sec.  1090.625   Exemptions for California gasoline and diesel fuel.

    (a) California gasoline and diesel fuel exemption. California
gasoline or diesel fuel that complies with all the requirements of this
section is exempt from all other provisions of this part.
    (b) California gasoline and diesel fuel requirements. (1) Each
batch of California gasoline or diesel fuel must be designated as such
by its fuel manufacturer.
    (2) Designated California gasoline or diesel fuel must be kept
segregated from fuel that is not California gasoline or diesel fuel at
all points in the distribution system.
    (3) Designated California gasoline or diesel fuel must ultimately
be used only in the state of California.
    (4) Transferors and transferees of California gasoline or diesel
fuel produced outside the state of California must meet the PTD
requirements of subpart K of this part.
    (5) Each transferor and transferee of California gasoline or diesel
fuel produced outside the state of California must maintain copies of
the PTDs as specified in subpart L of this part.
    (6) California gasoline or diesel fuel may not be used in any part
of the United States outside of the state of California unless the
manufacturer or distributor recertifies or redesignates the batch of
California gasoline or diesel fuel as specified in paragraph (d) or (e)
of this section.
    (c) Use of California test methods and offsite sampling procedures.
For any gasoline or diesel fuel that is not California gasoline or
diesel fuel and that is either produced at a facility located in the
state of California or is imported from outside the United States into
the state of California, the manufacturer may do any of the following:
    (1) Use the sampling and testing methods approved in Title 13 of
the California Code of Regulations instead of the sampling and testing
methods required by subpart M of this part.
    (2) Determine the sulfur content, benzene content, and RVP (during
the summer) of gasoline at offsite tankage (which would otherwise be
prohibited under Sec.  1090.1615(c)) if the following requirements are
met:
    (i) The samples are properly collected under the terms of a current
and valid protocol agreement between the manufacturer and the
California Air Resources Board with regard to sampling at the offsite
tankage and consistent with the requirements specified in Title 13,
California Code of Regulations, section 2250 et seq. (May 1, 2003).
    (ii) The manufacturer provides a copy of the protocol agreement to
EPA upon request.
    (d) California gasoline used outside of California. California
gasoline may either be recertified as gasoline under this part or may
be used in any part of the United States outside of the state of
California if the fuel designated as California gasoline meets all
applicable requirements for California reformulated gasoline under
Title 13 of the California Code of Regulations and the manufacturer or
distributor of such fuel does all the following:
    (1) The manufacturer or distributor properly redesignates the fuel
under Sec.  1090.1110(b)(2)(v).
    (2) The manufacturer or distributor generates PTDs under subpart K
of this part.
    (3) The manufacturer or distributor keeps records under subpart L
of this part.
    (4) The manufacturer or distributor does not include the California
gasoline in their average standard compliance calculations.
    (e) California diesel used outside California. California diesel
fuel may be used in any part of the United States outside of the state
of California and is deemed to meet the standards in subpart D of this
part without recertification if the fuel designated as California
diesel fuel meets all applicable requirements for diesel fuel under
Title 13 of the California Code of Regulations and the manufacturer or
distributor of such fuel does all the following:
    (1) The manufacturer or distributor properly redesignates the fuel
under Sec.  1090.1115(b)(3)(iii).
    (2) The manufacturer or distributor generates PTDs under subpart K
of this part.
    (3) The manufacturer or distributor keeps records under subpart L
of this part.

Sec.  1090.630   Exemptions for Alaska, Hawaii, Puerto Rico, and the
U.S. Virgin Islands summer gasoline.

    Summer gasoline that is produced, imported, sold, offered for sale,
supplied, offered for supply, stored, dispensed, or transported for use
in the Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands, is
exempt from the RVP standards in Sec.  1090.215 if all the following
requirements are met:
    (a) The summer gasoline is designated by the fuel manufacturer as
summer gasoline for use only in Alaska, Hawaii, Puerto Rico, or the
U.S. Virgin Islands.
    (b) The summer gasoline is used only in Alaska, Hawaii, Puerto
Rico, or the U.S. Virgin Islands.
    (c) The summer gasoline is accompanied by PTDs meeting the
requirements of subpart K of this part.
    (d) The summer gasoline is completely segregated from non-exempt
gasoline at all points throughout production, distribution, and sale to
the ultimate consumer from the point the summer gasoline is designated
as exempt fuel for use only in Alaska, Hawaii, Puerto Rico, or the U.S.
Virgin Islands, while the exempt summer gasoline is in the United
States but outside these states or territories.

Sec.  1090.635   Refinery extreme unforeseen hardship exemption.

    (a) In appropriate extreme, unusual, and unforeseen circumstances
(e.g.,

circumstances like a natural disaster or refinery fire; not financial
or supplier difficulties) that are clearly outside the control of the
refiner and that could not have been avoided by the exercise of
prudence, diligence, and due care, EPA may permit a refiner, for a
brief period, to distribute fuel that is exempt from the standards in
subparts C and D of this part if all the following requirements are
met:
    (1) It is in the public interest to do so (e.g., distribution of
the nonconforming fuel will not damage vehicles or engines and is
necessary to meet projected shortfalls that are unable to otherwise be
compensated for).
    (2) The refiner exercised prudent planning and was not able to
avoid the violation and has taken all reasonable steps to minimize the
extent of the nonconformity.
    (3) The refiner can show how the requirements for making compliant
fuel, and/or purchasing credits to partially or completely offset the
nonconformity, will be expeditiously achieved.
    (4) The refiner agrees to make up any air quality detriment
associated with the nonconforming fuel, where practicable.
    (5) The refiner pays to the U.S. Treasury an amount equal to the
economic benefit of the nonconformity minus the amount expended under
paragraph (a)(4) of this section, in making up the air quality
detriment.
    (b) Hardship applications under this section must be submitted to
EPA as specified in Sec.  1090.10 and must contain a letter signed by
the RCO, or their delegate, stating that the information contained in
the application is true to the best of their knowledge.

Sec.  1090.640   Exemptions from the gasoline deposit control
requirements.

    (a) Gasoline that is used to produce E85 is exempt from the
gasoline deposit control requirements in Sec.  1090.240.
    (b) Any person that uses the exemption in paragraph (a) of this
section must keep records to demonstrate that such exempt gasoline was
used to produce E85 and was not distributed from a terminal for use as
gasoline.

Sec.  1090.645   Exemption for exports of fuels, fuel additives, and
regulated blendstocks.

    Fuel, fuel additive, and regulated blendstock that is exported for
sale outside of the United States is exempt from the standards in
subparts C and D of this part if all the following requirements are
met:
    (a) The fuel manufacturer, fuel additive manufacturer, or regulated
blendstock producer designated the fuel, fuel additive, or regulated
blendstock for export as specified in Sec.  1090.1650(a).
    (b) The fuel, fuel additive, or regulated blendstock designated for
export is accompanied by PTDs meeting the requirements of subpart K of
this part.
    (c) The fuel, fuel additive, or regulated blendstock is ultimately
exported from the United States.
    (d) The fuel, fuel additive, or regulated blendstock must be
completely segregated from non-exempt fuels, fuel additives, and
regulated blendstocks at all points throughout the production and
distribution system, from the point the fuel, fuel additive, or
regulated blendstock is produced or imported to the point where the
fuel, fuel additive, or regulated blendstock is ultimately exported
from the United States.
    (e) Any fuel dispensed from a retail outlet within the geographic
boundaries of the United States is not exempt under this section.

Sec.  1090.650   Distillate global marine fuel exemption.

    (a) The standards of subpart D of this part do not apply to
distillate global marine fuel that is produced, imported, sold, offered
for sale, supplied, offered for supply, stored, dispensed, or
transported for use in steamships or Category 3 marine vessels when
operating outside of ECA boundaries.
    (b) The exempt fuel must meet all the following:
    (1) It must not exceed 0.50 weight percent sulfur (5,000 ppm).
    (2) It must be accompanied by PTDs as specified in Sec.  1090.1165.
    (3) It must be designated as specified in Sec.  1090.1115.
    (4) It must be segregated from non-exempt fuel at all points in the
distribution system.
    (5) It must not be used in vehicles, engines, or equipment other
than those referred to in paragraph (a) of this section.
    (c)(1) Fuel not meeting the requirements specified in paragraph (b)
of this section is subject to the standards, requirements, and
prohibitions that apply for ULSD under this part.
    (2) Any person who produces, imports, sells, offers for sale,
supplies, offers for supply, stores, dispenses, or transports
distillate global marine fuel without meeting the applicable
recordkeeping requirements in subpart L of this part may not claim the
fuel is exempt from the standards, requirements, and prohibitions that
apply for ULSD under this part.

Subpart H--Averaging, Banking, and Trading Provisions

Sec.  1090.700   Compliance with average standards.

    (a) Compliance with the sulfur average standard. For each of their
facilities, gasoline manufacturers must demonstrate compliance with the
sulfur average standard in Sec.  1090.205(a) by using the equations in
paragraphs (a)(1) and (2) of this section.
    (1) Compliance sulfur value calculation. (i) The compliance sulfur
value is determined as follows:

CSVy = Stot,y + DS,(y-1) +
DS_Oxy_Total - CS

Where:

CSVy = Compliance sulfur value for compliance period y,
in ppm-gallons.
Stot,y = The total amount of sulfur produced in
compliance period y, per paragraph (a)(1)(ii) of this section, in
ppm-gallons.
Ds,(y-1) = Sulfur deficit from the previous compliance
period, per Sec.  1090.715(a)(1), in ppm-gallons.
DS_Oxy_Total = The total sulfur deficit from BOB
recertification, per Sec.  1090.740(b)(3), in ppm-gallons.
CS = Sulfur credits used by the gasoline manufacturer,
per Sec.  1090.720, in ppm-gallons.

    (ii) The total amount of sulfur produced is determined as follows:
    [GRAPHIC] [TIFF OMITTED] TP14MY20.003

Where:

Vi = The volume of gasoline produced or imported in batch
i, in gallons.
Si = The sulfur content of batch i, in ppm.
n = The number of batches of gasoline produced or imported during
the compliance period.
i = Individual batch of gasoline produced or imported during the
compliance period.
If the calculation of Stot,y results in a negative
number, replace it with zero.

    (2) Sulfur compliance calculation. (i) Compliance with the sulfur
average standard in Sec.  1090.205(a) is achieved if the following
equation is true:
[GRAPHIC] [TIFF OMITTED] TP14MY20.004

    (ii) Compliance with the sulfur average standard in Sec.
1090.205(a) is not achieved if a deficit is incurred two or more
consecutive years. A gasoline manufacturer incurs a deficit under Sec.
1090.715 if the following equation is true:
[GRAPHIC] [TIFF OMITTED] TP14MY20.005

    (b) Compliance with the benzene average standards. For each of
their facilities, gasoline manufacturers must

demonstrate compliance with the benzene average standard in Sec.
1090.210(a) by using the equations in paragraphs (b)(1) and (2) of this
section and with the maximum benzene average standard in Sec.
1090.210(b) by using the equations in paragraphs (b)(3) and (4) of this
section.
    (1) Compliance benzene value calculation. (i) The compliance
benzene value is determined as follows:
[GRAPHIC] [TIFF OMITTED] TP14MY20.006

Where:

CBVy = Compliance benzene value for year y, in benzene
gallons.
Btot,y = The total amount of benzene produced in
compliance period y, per paragraph (b)(1)(ii) of this section, in
benzene gallons.
DBz,(y-1) = Benzene deficit from the previous compliance
period, per Sec.  1090.715(a)(2), in benzene gallons.
DBz_Oxy_Total = Benzene deficit from BOB recertification,
per Sec.  1090.740(b)(4), in benzene gallons.
CBz = Benzene credits used by the gasoline manufacturer,
per Sec.  1090.720, in benzene gallons.

    (ii) The total amount of benzene produced is determined as follows:
    [GRAPHIC] [TIFF OMITTED] TP14MY20.007

Vi = The volume of gasoline produced or imported in batch
i, in gallons.
Bi = The benzene content of batch i, in volume percent.
m = The number of batches of BOB gasoline recertified during the
compliance period.
n = The number of batches of gasoline produced or imported during
the compliance period.
i = Individual batch of gasoline produced or imported during the
compliance period.
If the calculation of Btot,y results in a negative
number, replace it with zero.

    (2) Benzene average compliance calculation. (i) Compliance with the
benzene average standard in Sec.  1090.210(a) is achieved if the
following equation is true:
[GRAPHIC] [TIFF OMITTED] TP14MY20.008

    (ii) Compliance with the benzene average standard in Sec.
1090.210(a) is not achieved if a deficit is incurred two or more
consecutive years. A gasoline manufacturer incurs a deficit under Sec.
1090.715 if the following equation is true:
[GRAPHIC] [TIFF OMITTED] TP14MY20.009

    (3) Average benzene concentration calculation. The average benzene
concentration is determined as follows:
[GRAPHIC] [TIFF OMITTED] TP14MY20.010

Where:

    Ba,y = Average benzene concentration for compliance
period y, in volume percent benzene.

    (4) Maximum benzene average compliance calculation. Compliance with
the maximum benzene average standard in Sec.  1090.210(b) is achieved
for calendar year y if the following equation is true:

Ba,y <= 1.30 vol%

    (5) The average benzene concentration calculated in paragraph
(b)(3) of this section must be rounded and reported to two decimal
places in accordance with Sec.  1090.50.
    (c) Accounting for oxygenate added at a downstream location. A
gasoline manufacturer that complies with the requirements in Sec.
1090.710 may include the volume of oxygenate added at a downstream
location and the effects of such blending on sulfur and benzene content
in compliance calculations under this subpart.
    (d) Inclusions. Gasoline manufacturers must include the following
products that they produced or imported during the compliance period in
their compliance calculations:
    (1) CG.
    (2) RFG.
    (3) BOB.
    (4) Added gasoline volume resulting from the production of gasoline
from PCG as follows:
    (i) For PCG by subtraction as specified in Sec.  1090.1320(a)(1),
include the PCG batch as a batch with a negative volume and positive
sulfur and benzene content and include the new batch of gasoline as a
batch with a positive volume and positive sulfur and benzene content in
compliance calculations under this section. Any negative compliance
sulfur or benzene value must be reported as zero and not as a negative
result.
    (ii) For PCG by addition as specified in Sec.  1090.1320(a)(2),
include only the blendstock added to make the new batch of gasoline as
a batch with a positive volume and positive sulfur and benzene content
of in compliance calculations under this section. Do not include any
test results or volumes for the PCG or new batch of gasoline in these
calculations.
    (5) Inclusion of a particular batch of gasoline for compliance
calculations for a compliance period is based on the date the batch is
produced, not shipped. For example, a batch produced on December 30,
2021, but shipped on January 2, 2022, would be included in the
compliance calculations for the 2021 compliance period. However, the
volume included in the 2021 compliance period for that batch would be
the entire batch volume, even though the shipment of all or some of the
batch did not occur until 2022.
    (e) Exclusions. Gasoline manufacturers must exclude the following
products from their compliance calculations:
    (1) Gasoline that was not produced by the gasoline manufacturer.
    (2) Regulated blendstock, unless the regulated blendstock is added
to PCG or TGP under Sec.  1090.1320 or Sec.  1090.1325, respectively.
    (3) PCG, except as specified in paragraph (d)(4)(i) of this
section.
    (4) Certified butane and certified pentane blended under Sec.
1090.1320.
    (5) TGP.
    (6) Gasoline exempted under subpart G of this part from the average
standards of subpart C of this part (e.g., California gasoline, racing
fuel, etc.).

Sec.  1090.705   Facility level compliance.

    (a) Except as specified in paragraph (b) of this section, gasoline
manufacturers must comply with average standards at the individual
facility level.
    (b) Gasoline importers must comply with average standards at the
company level, except that they must aggregate all import facilities
within a PADD as a single facility to comply with the maximum benzene
average standard in Sec.  1090.210(b) as specified in Sec.
1090.1600(b).

Sec.  1090.710   Downstream oxygenate accounting.

    The requirements of this section apply to BOB for which a gasoline
manufacturer is accounting for the effects of the oxygenate blending
that occurs downstream of the fuel manufacturing facility in the
gasoline manufacturer's average standard compliance calculations of
this subpart. This section includes requirements on distributors to
ensure that oxygenate is

added in accordance with the blending instructions specified by the
gasoline manufacturer in order to ensure fuel quality standards are
met.
    (a) Provisions for gasoline manufacturers. In order to account for
the effects of oxygenate blending downstream, a gasoline manufacturer
must meet all the following requirements:
    (1) Produce or import BOB such that the gasoline continues to meet
the applicable gasoline standards in subpart C of this part after the
addition of the specified type and amount of oxygenate.
    (2) Conduct tests on each batch of BOB produced or imported that
represents the gasoline after each specified type and amount of
oxygenate is added to the batch of BOB by creating a hand blend in
accordance with Sec.  1090.1340 and determining the properties of the
hand blend using the methods specified in subpart M of this part. When
creating the hand blend, gasoline manufacturers must not add any more
oxygenate to the BOB than the amount of oxygenate specified on the PTD
for the BOB under paragraph (a)(5) of this section.
    (3) Participate in the national sampling oversight program
specified in Sec.  1090.1440 or have an approved in-line blending
waiver under Sec.  1090.1315.
    (4) Transfer ownership of the BOB only to an oxygenate blender that
is registered with EPA under subpart I of this part or to an
intermediate owner with the restriction that it only be transferred to
a registered oxygenate blender.
    (5) Specify each oxygenate type and amount (or range of amounts)
that the gasoline manufacturer certified for compliance of the hand
blend on the PTD for the BOB, as specified in Sec.  1090.1160(b)(1).
    (6) Participate in the national fuels survey program under subpart
N of this part.
    (b) Requirements for oxygenate blenders. Oxygenate blenders must
add oxygenate of each type and amount (or within the range of amounts)
as specified on the PTD for all BOB received, except as specified in
paragraph (c)(2) of this section.
    (c) Limitations. (1) Only the gasoline manufacturer that first
certifies the BOB may account for the downstream addition of oxygenate
under this section. On any occasion where any person downstream of the
fuel manufacturing facility gate of the gasoline manufacturer that
produced or imported gasoline or BOB adds oxygenate to such product,
the person may not include the volume and sulfur and benzene content of
the oxygenate in any compliance calculations for demonstrating
compliance with the average standards specified in subpart C of this
part or for credit generation under this subpart. All applicable per-
gallon standards specified in subpart C of this part continue to apply.
    (2) A person downstream of the fuel manufacturing facility gate may
redesignate BOB for use as gasoline without the addition of the
specified type and amount of oxygenate if the provisions of Sec.
1090.740 are met. Parties that redesignate BOB for use as gasoline
without the addition of the specified type and amount of oxygenate are
gasoline manufacturers and must meet all applicable requirements for
gasoline manufacturers specified in this part.

Sec.  1090.715   Deficit carryforward.

    (a) A gasoline manufacturer incurs a compliance deficit if they
exceed the average standard specified in subpart C of this part for a
given compliance period. The deficit incurred must be determined as
specified in paragraph (a)(1) of this section for sulfur and paragraph
(b)(2) of this section for benzene.
    (1) The sulfur deficit incurred is determined as follows:
    [GRAPHIC] [TIFF OMITTED] TP14MY20.011

Where:

DS,y = Sulfur deficit incurred for compliance period y,
in ppm-gallons.
CSVy = Compliance sulfur value for compliance period y,
per Sec.  1090.700(a)(1), in ppm-gallons.
Vi = The volume of gasoline produced or imported in batch
i, in gallons.
n = The number of batches of gasoline produced or imported during
the compliance period.
i = Individual batch of gasoline produced or imported during the
compliance period.

    (2) The benzene deficit incurred is determined as follows:
    [GRAPHIC] [TIFF OMITTED] TP14MY20.012

Where:

DBz,y = Benzene deficit incurred for compliance period y,
in benzene gallons.
CBVy = Compliance benzene value for compliance period y,
per Sec.  1090.700(b)(1), in ppm-gallons.
Vi = The volume of gasoline produced or imported in batch
i, in gallons.
n = The number of batches of gasoline produced or imported during
the compliance period.
i = Individual batch of gasoline produced or imported during the
compliance period.

    (b) Gasoline manufacturers must use all sulfur or benzene credits
previously generated or obtained at any of their facilities to achieve
compliance with an average standard specified in subpart C of this part
before carrying forward a sulfur or benzene deficit at any of their
facilities.
    (c) Gasoline manufacturers that incur a deficit under this section
must satisfy that deficit during the next compliance period regardless
of whether the gasoline manufacturer produces gasoline during next
compliance period.

Sec.  1090.720   Credit use.

    (a) General credit use provisions. Only gasoline manufacturers may
generate, use, transfer, or own credits generated under this subpart,
as specified in Sec.  1090.725(a)(1). Credits may be used by a gasoline
manufacturer to comply with the average standards specified in subpart
C of this part. Gasoline manufacturers may also bank credits for future
use, transfer credits to another facility within a company (i.e.,
intracompany trading), or transfer credits to another gasoline
manufacturer, if all applicable requirements of this subpart are met.
    (b) Credit life. Credits are valid for use for 5 years after the
compliance period for which they are generated.
    (c) Limitations on credit use. (1) Credits that have expired may
not be used for demonstrating compliance with the average standards
specified in subpart C of this part or be used to replace invalid
credits under Sec.  1090.735.
    (2) A gasoline manufacturer possessing credits must use all credits
prior to falling into compliance deficit under Sec.  1090.715.
    (3) Credits may not be used to meet per-gallon standards.
    (4) Credits may not be used to meet the maximum benzene average
standard in Sec.  1090.210(b).
    (d) Credit use limitation. Credits may only be used if the gasoline
manufacturer owns them at the time of use.

    (e) Credit reporting. Gasoline manufacturers that generate,
transact, or use credits under this subpart must report to EPA as
specified in Sec.  1090.905 using forms and procedures specified by
EPA.
    (f) Part 80 credit use. Valid credits generated under 40 CFR
80.1615 and 80.1290 may be used by gasoline manufacturers to comply
with the average standards in subpart C of this part, subject to the
provisions of this subpart.

Sec.  1090.725   Credit generation.

    (a) Parties that may generate credits. (1) Only gasoline
manufacturers may generate credits for use towards an average standard
specified in subpart C of this part. No person other than a gasoline
manufacturer may generate credits.
    (2) No credits may be generated for gasoline produced by the
following activities: Transmix processing, transmix blending, oxygenate
blending, certified butane blending, certified pentane blending, or
importation of gasoline by rail and truck using the alternative
sampling and testing requirements in Sec.  1090.1610.
    (3) No sulfur credits may be generated at a facility if that
facility used sulfur credits in that same compliance period.
    (4) No benzene credits may be generated at a facility if that
facility used benzene credits in that same compliance period.
    (b) Credit year. Credits generated under this section must be
identified by the compliance period of generation. For example, credits
generated on gasoline produced in 2021 must be identified as 2021
credits.
    (c) Sulfur credit generation. (1) The number of sulfur credits
generated is determined as follows:
[GRAPHIC] [TIFF OMITTED] TP14MY20.013

Where:

CS,y = Sulfur credits generated for compliance period y,
in ppm-gallons.
Vi = The volume of gasoline produced or imported in batch
i, in gallons.
n = The number of batches of gasoline produced or imported during
the compliance period.
i = Individual batch of gasoline produced or imported during the
compliance period.
CSVy = Compliance sulfur value for compliance period y,
per Sec.  1090.700(a)(1), in ppm-gallons.

    (2) The value of CS,y must be positive to generate
credits.
    (3) Sulfur credits calculated under paragraph (c)(1) of this
section must be expressed to the nearest ppm-gallon. Fractional values
must be rounded in accordance with Sec.  1090.50.
    (d) Benzene credit generation. (1) The number of benzene credits
generated is determined as follows:
[GRAPHIC] [TIFF OMITTED] TP14MY20.014

Where:

CBz,y = Benzene credits generated for compliance period
y, in benzene gallons.
Vi = The volume of gasoline produced or imported in batch
i, in gallons.
n = The number of batches of gasoline produced or imported during
the compliance period.
i = Individual batch of gasoline produced or imported during the
compliance period.
CBVy = Compliance benzene value for compliance period y,
per Sec.  1090.700(b)(1), in benzene gallons.

    (2) The value of CBz,y must be positive to generate
credits.
    (3) Benzene credits calculated under paragraph (d)(1) of this
section must be expressed to the nearest benzene gallon. Fractional
values must be rounded in accordance with Sec.  1090.50.
    (e) Credit generation limitation. Gasoline manufacturers may only
generate credits after they have finished producing or importing
gasoline for the compliance period.
    (f) Credit reporting. Gasoline manufacturers that generate credits
under this section must report to EPA all information regarding the
generation transaction as specified in Sec.  1090.905 using forms and
procedures specified by EPA.

Sec.  1090.730   Credit transfers.

    Gasoline manufacturers may only obtain credits from another
gasoline manufacturer to meet an average standard specified in subpart
C of this part if all applicable requirements of this section are met.
    (a) The credits are generated as specified in Sec.  1090.725 and
reported as specified in Sec.  1090.905.
    (b) The credits are used for compliance with the limitations
regarding the appropriate periods for credit use in Sec.  1090.720.
    (c) Any credit transfer must take place no later than the
compliance deadline specified in Sec.  1090.900(d) following the
compliance period when the credits are obtained.
    (d) The credit has not been transferred between EPA registered
companies more than twice. The first transfer by the gasoline
manufacturer that generated the credit (``transferor'') may only be
made to a gasoline manufacturer that intends to use the credit
(``transferee''). If the transferee is unable to use the credit, it may
make the second, and final, transfer only to a gasoline manufacturer
that intends to use the credit. Intracompany credit transfers are
unlimited.
    (e) The transferor must apply any credits necessary to meet the
transferor's applicable average standard before transferring credits to
any other gasoline manufacturer.
    (f) No person may transfer credits if the transfer would cause them
to incur a deficit.
    (g) Unless the transferor and transferee are the same party (i.e.,
intracompany transfers), the transferor must supply to the transferee
records as specified in Sec.  1090.1210(g) indicating the years the
credits were generated, the identity of the gasoline manufacturer that
generated the credits, and the identity of the transferring party.
    (h) The transferor and the transferee report to EPA all information
regarding the transaction as specified in Sec.  1090.905 using forms
and procedures specified by EPA.

Sec.  1090.735  Invalid credits and remedial actions.

    For credits that have been calculated or generated improperly, or
are otherwise determined to be invalid, all the following provisions
apply:
    (a) Invalid credits may not be used to achieve compliance with an
average standard, regardless of the good faith belief that the credits
were validly generated.
    (b) Any validly generated credits existing in the transferring
gasoline manufacturer's credit balance after correcting the credit
balance, and after the transferor applies credits as needed to meet the
average standard at the end of the compliance period, must first be
applied to correct the invalid transfers before the transferring
gasoline manufacturer trades or banks the credits.
    (c) The gasoline manufacturer that used the credits, and any
transferor of the credits, must adjust their credit

records, reports, and average standard compliance calculations as
necessary to reflect the use of valid credits only. Updates to any
reports must be done in accordance with subpart J of this part using
forms and procedures specified by EPA.

Sec.  1090.740  Downstream BOB recertification.

    (a)(1) Gasoline manufacturers may recertify a BOB that another
gasoline manufacturer has specified blending instructions for
oxygenate(s) under Sec.  1090.710(a)(5) for a different type or amount
of oxygenate (including gasoline recertification to contain no
oxygenate) if the recertifying gasoline manufacturer meets all the
requirements of this section.
    (2) Gasoline manufacturers must comply with applicable requirements
of this part and incur deficits to be included in the compliance
calculations in Sec.  1090.700.
    (3) Unless otherwise required under this part, gasoline
manufacturers that recertify 200,000 or less gallons of BOB under this
section do not need to arrange for an auditor to conduct audits under
subpart R of this part.
    (b) Gasoline manufacturers that recertify a BOB under this section
must calculate sulfur and benzene deficits for each batch and the total
deficits for sulfur and benzene as follows:
    (1) Sulfur deficits from downstream BOB recertification. Calculate
the sulfur deficit from BOB recertification for each individual batch
of BOB recertified as follows:
[GRAPHIC] [TIFF OMITTED] TP14MY20.015

Where:

DS_Oxy_Batch = Sulfur deficit resulting from recertifying
the batch of BOB, in ppm-gallons.
VBase = The volume of BOB in the batch being recertified,
in gallons.
PTDOxy = The volume fraction of oxygenate that would have
been added to the BOB as specified on PTDs.

    (2) Total sulfur deficit from downstream BOB recertification.
Calculate the total sulfur deficit from downstream BOB recertification
as follows:
[GRAPHIC] [TIFF OMITTED] TP14MY20.016

Where:

DS_Oxy_Total,y = The total sulfur deficit from downstream
BOB recertification for compliance period y, in ppm-gallons.
DS_Oxy_Batch_i = The sulfur deficit for batch i of
recertified BOB, per paragraph (b)(1) of this section, in ppm-
gallons.
n = The number of batches of BOB recertified during compliance
period y.
i = Individual batch of BOB recertified during compliance period y.

    (3) Benzene deficits from downstream BOB recertification. Calculate
the benzene deficit from BOB recertification for each individual batch
of BOB recertified as follows:
[GRAPHIC] [TIFF OMITTED] TP14MY20.017

Where:

DBz_Oxy_Batch = Benzene deficit resulting from
recertifying the batch of BOB, in benzene gallons.
VBase = The volume of BOB in the batch being recertified,
in gallons.
PTDOxy = The volume fraction of oxygenate that would have
been added to the BOB as specified on PTDs.

    (4) Total benzene deficit from downstream BOB recertification.
Calculate the total benzene deficit from downstream BOB recertification
as follows:
[GRAPHIC] [TIFF OMITTED] TP14MY20.018

Where:

DBz_Oxy_Total,y = The total benzene deficit from
downstream BOB recertification for compliance period y, in benzene
gallons.
DBz_Oxy_Batch_i = The benzene deficit for batch i of
recertified BOB, per paragraph (b)(3) of this section, in benzene
gallons.
n = The number of batches of BOB recertified during compliance
period y.
i = Individual batch of BOB recertified during compliance period y.

    (5) Deficit rounding. The deficits calculated in paragraphs (b)(1)
through (4) of this section must be rounded and reported to the nearest
sulfur ppm-gallon or benzene gallon in accordance with Sec.  1090.50,
as applicable.
    (c) Gasoline manufacturers do not incur a deficit, nor may they
generate credits, for negative values from the equations in paragraph
(b) of this section.
    (d) Deficits incurred under this section must be fulfilled in the
compliance period in which they occur and may not be carried forward
under Sec.  1090.715.

Sec.  1090.745  Informational annual average calculations.

    (a) Gasoline manufacturers must calculate and report annual average
sulfur and benzene levels for each of their facilities as described in
this section. The values calculated and reported under this section are
not used

to demonstrate compliance with average standards under this part.
    (b) Gasoline manufacturers must calculate and report the unadjusted
average sulfur level as follows:
[GRAPHIC] [TIFF OMITTED] TP14MY20.019

Where:

Sa,y = The facility unadjusted average sulfur level for
compliance period y, in ppm. Report Sa,y to two decimal
places.
Vi = The volume of gasoline produced or imported in batch
i, in gallons.
Si = The sulfur content of batch i, in ppm.
n = The number of batches of gasoline produced or imported during
the compliance period.
i = Individual batch of gasoline produced or imported during the
compliance period.

    (c) Gasoline manufacturers must calculate and report the net
average sulfur level as follows:
[GRAPHIC] [TIFF OMITTED] TP14MY20.020

Where:

SNET,y = The facility net average sulfur level for
compliance period y, in ppm. Report SNET,y to two decimal
places.
CSVy = The compliance sulfur value for compliance period
y, per Sec.  1090.700(a)(1).

    (d) Gasoline manufacturers must calculate and report the net
average benzene level as follows:
[GRAPHIC] [TIFF OMITTED] TP14MY20.021

Where:

BNET,y = The facility net average benzene level for
compliance period y, in volume percent benzene. Report
BNET,y to two decimal places.
CBVy = The compliance benzene value for compliance period
y, per Sec.  1090.700(b)(1).

Subpart I--Registration

Sec.  1090.800  General provisions.

    (a) Who must register. The following parties must register with EPA
prior to engaging in any activity under this part:
    (1) Fuel manufacturers, including:
    (i) Gasoline manufacturers.
    (ii) Diesel fuel manufacturers.
    (iii) ECA marine fuel manufacturers.
    (iv) Certified butane blenders.
    (v) Certified pentane blenders.
    (vi) Transmix processors.
    (2) Oxygenate blenders.
    (3) Oxygenate producers, including DFE producers.
    (4) Certified pentane producers.
    (5) Certified ethanol denaturant producers.
    (6) Distributors, carriers, and pipeline operators who are part of
the 500 ppm LM fuel distribution chain under a compliance plan
submitted under Sec.  1090.520(g).
    (7) Independent surveyors.
    (8) Auditors.
    (9) Third parties that submit reports on behalf of any regulated
party under this part. Such parties must register and associate their
registration with the regulated party for whom they are reporting.
    (b) Dates for registration. The deadlines for registration are as
follows:
    (1) New registrants. Except as specified in paragraph (b)(2) of
this section, parties not currently registered with EPA must register
with EPA no later than 60 days in advance of the first date that such
person engages in any activity under this part requiring registration
under paragraph (a) of this section.
    (2) Existing registrants. Parties that are already registered with
EPA under 40 CFR part 80 as of January 1, 2021, are deemed to be
registered for purposes of this part, except that such parties are
responsible for reviewing and updating their registration information
consistent with the requirements of this part, as specified in
paragraph (c) of this section.
    (c) Updates to registration. A registered party must submit updated
registration information to EPA within 30 days of any occasion when the
registration information previously supplied becomes incomplete or
inaccurate.
    (d) Forms and procedures for registration. All registrants must use
forms and procedures specified by EPA.
    (e) Company and facility identification. EPA will provide
registrants with company and facility identifiers to be used for
recordkeeping and reporting under this part.
    (f) English language. Registration information submitted to EPA
must be in English.

Sec.  1090.805  Contents of registration.

    (a) General information required for all registrants. The following
general information must be submitted to EPA by all entities required
to register:
    (1) Company information. For the company of the party, all the
following information:
    (i) The company name.
    (ii) Company address, which must be the physical address of the
business (i.e., not a post office box).
    (iii) Mailing address, if different from company address.
    (iv) Name, title, telephone number, and email address of an RCO.
The RCO may delegate responsibility to a person who is familiar with
the requirements of this part and who is no lower in the organization
than a fuel manufacturing facility manager, or equivalent.
    (2) Facility information. For each separate facility, all the
following information:
    (i) The facility name.
    (ii) The physical location of the facility.
    (iii) A contact name and telephone number for the facility.
    (iv) The type of facility.
    (3) Location of records. For each separate facility, or for each
importer's operations in a single PADD, all the following information:
    (i) Whether records are kept on-site or off-site of the facility,
or for importers, the registered address.
    (ii) If records are kept off-site, the primary off-site storage
name, physical location, contact name, and telephone number.
    (4) Activities. A description of the activities that are engaged in
by the company and its facilities (e.g., refining, importing, etc.).
    (b) Additional information required for certified pentane
producers. In addition to the information in paragraph (a) of this
section, certified pentane producers must also submit the following
information:
    (1) A description of the production facility that demonstrates that
the facility is capable of producing certified pentane that is
compliant with the requirements of this part without significant
modifications to the existing facility.
    (2) A description of how the certified pentane will be shipped from
the production facility to the certified pentane blender(s) and the
associated quality assurance practices that demonstrate that
contamination during distribution can be adequately controlled so as
not to cause the certified pentane to be in violation of the standards
in this part.

Sec.  1090.810  Voluntary cancellation of company or facility
registration.

    (a) Criteria for voluntary cancellation. A party may request
cancellation of the registration of the company or any of its
facilities at any time. Such request must use forms and procedures
specified by EPA.
    (b) Effect of voluntary cancellation. A party whose registration is
canceled:
    (1) Will still be liable for violation of any requirements under
this part.
    (2) Will not be listed on any public list of actively registered
companies that is maintained by EPA.
    (3) Will not have access to any of the electronic reporting systems
associated with this part.

    (4) Will still be required to meet any applicable requirements
under this part (e.g., the recordkeeping provisions under subpart L of
this part).
    (c) Re-registration. If a party whose registration has been
voluntarily cancelled wants to re-register, they must do all the
following:
    (1) Notify EPA of their intent to re-register.
    (2) Provide any required information and correct any identified
deficiencies.
    (3) Refrain from initiating a new registration unless directed to
do so by EPA.
    (4) Submit updated information as needed.

Sec.  1090.815  Deactivation (involuntary cancellation) of
registration.

    (a) Criteria for deactivation. EPA may deactivate the registration
of any party required to register under this part, using the process
specified in paragraph (b) of this section, if any of the following
criteria are met:
    (1) The party has not accessed their account or engaged in any
registration or reporting activity within the most recent 24 months.
    (2) The party has failed to comply with the registration
requirements of this subpart.
    (3) The party has failed to submit any required notification or
report within 30 days of the required submission date.
    (4) Any required attest engagement has not been received within 30
days of the required submission date.
    (5) The party fails to pay a penalty or to perform any requirement
under the terms of a court order, administrative order, consent decree,
or administrative settlement between the party and EPA.
    (6) The party submits false or incomplete information.
    (7) The party denies EPA access or prevents EPA from completing
authorized activities under section 114 or 208 of the Clean Air Act
despite presenting a warrant or court order. This includes a failure to
provide reasonable assistance.
    (8) The party fails to keep or provide the records required by
subpart L of this part.
    (9) The party otherwise circumvents the intent of the Clean Air Act
or of this part.
    (b) Process for deactivation. Except as specified in paragraph (c)
of this section, EPA will use the following process whenever it decides
to deactivate the registration of a party:
    (1) EPA will provide written notification to the RCO identifying
the reasons or deficiencies for which EPA intends to deactivate the
party's registration. The party will have 30 calendar days from the
date of the notification to correct the deficiencies identified or
explain why there is no need for corrective action.
    (2) If the basis for EPA's notice of intent to deactivate
registration is the absence of activity under paragraph (a)(1) of this
section, a stated intent to engage in activity will be sufficient to
avoid deactivation of registration.
    (3) If the party does not correct identified deficiencies under
paragraphs (a)(2) through (9) of this section, EPA may deactivate the
party's registration without further notice to the party.
    (c) Immediate deactivation. In instances in which public health,
public interest, or safety requires otherwise, EPA may deactivate the
registration of the party without any notice to the party. EPA will
provide written notification to the RCO identifying the reasons EPA
deactivated the registration of the party.
    (d) Effect of deactivation. A party whose registration is
deactivated:
    (1) Will still be liable for violation of any requirement under
this part.
    (2) Will not be listed on any public list of actively registered
companies that is maintained by EPA.
    (3) Will not have access to any of the electronic reporting systems
associated with this part.
    (4) Will still be required to meet any applicable requirements
under this part (e.g., the recordkeeping provisions under subpart L of
this part).
    (e) Re-registration. If a party whose registration has been
deactivated wishes to re-register, they must do all the following:
    (1) Notify EPA of their intent to re-register.
    (2) Provide any required information and correct any identified
deficiencies.
    (3) Refrain from initiating a new registration unless directed to
do so by EPA.
    (4) Remedy the circumstances that caused the party to be
deactivated in the first place.
    (5) Submit updated information as needed.

Sec.  1090.820  Changes of ownership.

    (a) When a company or any of its facilities will change ownership,
the company must notify EPA within 30 days after the date of sale or
change in ownership.
    (b) The notification required under paragraph (a) of this section
must include all the following:
    (1) The effective date of the transfer of ownership of the facility
and a summary of any changes to the registration information for the
affected companies and facilities.
    (2) Documents that demonstrate the sale or change in ownership of
the facility.
    (3) A letter, signed by an RCO from the company that currently owns
or will own the company or facility and, if possible, an RCO from the
company that previously registered the company or facility that details
the effective date of the transfer of ownership of the company or
facility and summarizes any changes to the registration information.
    (4) Any additional information requested by EPA to complete the
change in registration.

Subpart J--Reporting

Sec.  1090.900  General provisions.

    (a) Forms and procedures for reporting. (1) All reporting,
including all transacting of credits under this part, must be submitted
electronically using forms and procedures specified by EPA.
    (2) Values must be reported in the units (e.g., gallons, ppm, etc.)
and to the number of decimal places specified in this part or in
reporting formats and procedures, whichever is more precise.
    (b) English language. All reports submitted under this subpart must
be submitted in English.
    (c) Rounding. All values measured, calculated, or reported under
this subpart must be rounded in accordance with Sec.  1090.50.
    (d) Report submission. All annual reports required under this
subpart, except attest engagement reports, must be submitted by March
31 for the preceding compliance period (e.g., reports covering the
calendar year 2021 must be submitted to EPA by no later than March 31,
2022). Attest engagement reports must be submitted by June 1 for the
preceding compliance period (e.g., attest engagement reports covering
calendar year 2021 must be submitted to EPA by no later than June 1,
2022). Independent survey quarterly reports must be submitted by the
deadlines in Table 1 to Sec.  1090.925(a).

Sec.  1090.905  Annual, batch, and credit transaction reporting for
gasoline manufacturers.

    (a) Annual compliance demonstration for sulfur. Gasoline
manufacturers, for each of their facilities, must submit a report for
each compliance period that includes all the following information:
    (1) Company-level reporting. For the company, as applicable:
    (i) The EPA-issued company and facility identifiers.
    (ii) Provide information for sulfur credits, and separately by
compliance period of creation, as follows:

    (A) The number of sulfur credits owned at the beginning of the
compliance period.
    (B) The number of sulfur credits that expired at the end of the
compliance period.
    (C) The number of sulfur credits that will be carried over into the
next compliance period.
    (D) Any other information as EPA may require.
    (2) Facility-level reporting. For each refinery or importer, as
applicable:
    (i) The EPA-issued company and facility identifiers.
    (ii) The compliance sulfur value, per Sec.  1090.700(a)(1), in ppm-
gallons.
    (iii) The total volume of gasoline produced or imported, in
gallons.
    (iv) Provide information for sulfur credits, and separately by
compliance period of creation, as follows:
    (A) The number of sulfur credits generated during the compliance
period.
    (B) The number of sulfur credits retired during the compliance
period.
    (C) The sulfur credit deficit that was carried over from the
previous compliance period.
    (D) The sulfur credit deficit that will be carried over into the
next compliance period.
    (E) The total sulfur deficit from downstream BOB recertification,
per Sec.  1090.740(b)(2).
    (v) The unadjusted average sulfur concentration, per Sec.
1090.745(b), in ppm.
    (vi) The net average sulfur level, per Sec.  1090.745(c), in ppm.
    (vii) Any other information as EPA may require.
    (b) Annual compliance demonstration for benzene. Gasoline
manufacturers, for each of their facilities, must submit a report for
each compliance period that includes all the following information:
    (1) Company-level reporting. For the company, as applicable:
    (i) The EPA-issued company and facility identifiers and compliance
level.
    (ii) Provide information for benzene credits, and separately by
compliance period of creation, as follows:
    (A) The number of benzene credits owned at the beginning of the
compliance period.
    (B) The number of benzene credits that expired at the end of the
compliance period.
    (C) The number of benzene credits that will be carried over into
the next compliance period.
    (D) Any other information as EPA may require.
    (2) Facility-level reporting. For each refinery or importer, as
applicable:
    (i) The EPA-issued company and facility identifiers.
    (ii) The compliance benzene value, per Sec.  1090.700(b)(1), in
benzene gallons.
    (iii) The total volume of gasoline produced or imported, in
gallons.
    (iv) The average benzene concentration, per Sec.  1090.700(b)(3),
in percent volume.
    (v) The net average benzene level, per Sec.  1090.745(d), in
percent volume.
    (vi) Provide information for benzene credits, and separately by
compliance period of creation, as follows:
    (A) The number of benzene credits generated during the compliance
period.
    (B) The number of benzene credits retired during the compliance
period.
    (C) The benzene credit deficit that was carried over from the
previous compliance period
    (D) The benzene credit deficit that will be carried over into the
next compliance period.
    (E) The total benzene deficit from downstream BOB recertification,
per Sec.  1090.740(b)(4).
    (vii) Any other information as EPA may require.
    (c) Batch reporting. Gasoline manufacturers, for each of their
facilities, must report the following information on a per-batch basis
for gasoline and gasoline regulated blendstocks:
    (1) For gasoline, and BOB for which the fuel manufacturer does not
include the addition of downstream oxygenate in their compliance
calculations as specified in Sec.  1090.710:
    (i) The EPA-issued company and facility identifiers.
    (ii) The batch number.
    (iii) The date the batch was produced or imported.
    (iv) The batch volume, in gallons.
    (v) The designation of the gasoline or BOB as RFG, CG, RBOB, or
CBOB.
    (vi) The tested sulfur content of the batch, in ppm, and the test
method used to measure the sulfur content.
    (vii) The tested benzene content of the batch, as a volume
percentage, and the test method used to measure the benzene content.
Gasoline produced by a transmix processor using only TGP or both TGP
and PCG under Sec.  1090.510 is exempt from this requirement under
Sec.  1090.1325. Transmix processors that use this exemption must
report whether the batch was produced using TGP or both TGP and PCG.
    (viii) For all batches of summer gasoline or BOB:
    (A) The applicable RVP standard, as specified in Sec.  1090.215.
    (B) The tested RVP of the batch, in psi, and the test method used
to measure the RVP.
    (ix) If the gasoline contains oxygenate, the type and tested
content of each oxygenate, as a volume percentage, and the test method
used to measure the content of each oxygenate.
    (2) For BOB in which the oxygenate to be blended with the BOB is
reported by, and included in, the compliance calculations of the
gasoline manufacturer that produced the BOB:
    (i) The EPA-issued company and facility identifiers.
    (ii) The batch identification.
    (iii) The date the batch of BOB was produced or imported.
    (iv) The batch volume, in gallons. This volume is the sum of the
produced or imported BOB volume plus the anticipated volume from the
addition of oxygenate downstream that the gasoline manufacturer
specified to be blended with the BOB.
    (v) The designation of the BOB (CBOB or RBOB) used to prepare the
hand blend of BOB and oxygenate under Sec.  1090.1340.
    (vi) The tested sulfur content for both the BOB and the hand blend
of BOB and oxygenate prepared under Sec.  1090.1340, and the test
method used to measure the sulfur content.
    (vii) The tested benzene content for the hand blend of BOB and
oxygenate prepared under Sec.  1090.1340, and the test method used to
measure the benzene content.
    (viii) For all batches of summer BOB:
    (A) The applicable RVP standard, as specified in Sec.  1090.215,
for the neat CBOB, or hand blend of RBOB and oxygenate prepared under
Sec.  1090.1340.
    (B) The tested RVP for the neat CBOB or hand blend of RBOB and
oxygenate prepared under Sec.  1090.1340, in psi, and the test method
used to measure the RVP.
    (ix) The type and content of each oxygenate, as a volume
percentage, in the hand blend of BOB and oxygenate prepared under Sec.
1090.1340, and, if measured, the test method used for each oxygenate.
    (3) For blendstock added to PCG by gasoline manufacturers complying
by subtraction under Sec.  1090.1320(a)(1):
    (i) For the PCG prior to the addition of blendstock:
    (A) The EPA-issued company and facility identifiers for the
facility at which the PCG is blended to produce a new batch.
    (B) The batch number assigned by the facility at which the PCG is
blended to produce a new batch.
    (C) The date the batch was received or, for PCG that was not
received from another company, the date the PCG was designated to be
used to produce a new batch of gasoline.
    (D) The batch volume, including the volume of any oxygenate that
would

have been added to the PCG, as a negative number in gallons.
    (E) The designation of the PCG.
    (F) The tested sulfur content of the batch, in ppm, and the test
method used to measure the sulfur content.
    (G) The tested benzene content of the batch, as a volume
percentage, and the test method used to measure the benzene content.
    (H) For all batches of summer gasoline or BOB:
    (1) The applicable RVP standard, as specified in Sec.  1090.215.
    (2) The tested RVP of the batch, in psi, and the test method used
to measure the RVP.
    (I) If the PCG contains oxygenate, the type and tested content of
each oxygenate, as a volume percentage, and the test method used to
measure the content of each oxygenate.
    (J) Identification of the batch as PCG.
    (ii) For the batch of gasoline or BOB produced using PCG and
blendstock:
    (A) For batches of finished gasoline or neat BOB, all the
information specified in paragraph (c)(1) of this section.
    (B) For batches of BOB in which the oxygenate to be blended with
the BOB is included in the gasoline manufacturer's compliance
calculations, all the information specified in paragraph (c)(2) of this
section.
    (4) For blendstock added by gasoline manufacturers to PCG and
complying by addition per Sec.  1090.1320(a)(2) (i.e., treat the
blendstock as a separate batch):
    (i) For the blendstock, the sulfur content, benzene content, and
each oxygenate type and content of the batch, and for summer gasoline,
the RVP of the batch.
    (ii) For batches produced by adding blendstock to PCG, the sulfur
content of the batch, and for summer gasoline, the RVP of the batch.
    (5) For certified butane blended by certified butane blenders and
certified pentane blended by certified pentane blenders:
    (i) For the certified butane or certified pentane batch:
    (A) The batch number.
    (B) The date the batch was received by the blender.
    (C) The batch volume, in gallons.
    (D) The designation of the batch (certified butane or certified
pentane).
    (E) The volume percentage of butane in butane batches, or pentane
in pentane batches, provided by the butane or pentane supplier.
    (F) The sulfur content of the batch, in ppm, provided by the butane
or pentane supplier.
    (G) The benzene content of the batch, in volume percent, provided
by the butane or pentane supplier.
    (H) The RVP of the batch, in psi, provided by the butane or pentane
supplier for butane or pentane blended into PCG from May 1 through
September 15.
    (ii) For the batch of blended product (i.e., PCG plus butane or PCG
plus pentane):
    (A) The batch number.
    (B) The date the batch was produced.
    (C) The batch volume, in gallons.
    (D) The designation of the blended product.
    (E) The tested RVP of the batch, in psi, and the test method used
to measure the RVP.
    (6) For manufacturers of TGP and any blendstocks added to TGP:
    (i) For the TGP, the sulfur content of the batch, and for summer
gasoline, the RVP of the batch.
    (ii) For blendstocks added to TGP, where the TGP is treated like
PCG, one of the following:
    (A) The information specified in paragraph (c)(3) of this section.
    (B) The information specified in paragraph (c)(4) of this section.
    (7) For GTAB:
    (i) The EPA-issued company and facility identifiers.
    (ii) The batch number.
    (iii) The date the batch was imported.
    (iv) The batch volume, in gallons.
    (v) The designation of the product as GTAB.
    (8) Any other information as EPA may require.
    (d) Credit transactions. Any party that is required to demonstrate
annual compliance under paragraph (a) or (b) of this section must
submit information related to individual transactions involving sulfur
and benzene credits, including all the following:
    (1) The generation, purchase, sale, or retirement of such credits.
    (2) If any credits were obtained from or transferred to other fuel
manufacturers, and for each other party, their name and EPA-issued
company identifier, the number of credits obtained from or transferred
to the other party, and the year the credits were generated.
    (3) Any other information as EPA may require.

Sec.  1090.910  Reporting for gasoline manufacturers that recertify BOB
to gasoline.

    Any person that recertifies BOB under Sec.  1090.740 must report
the information of this section, as applicable.
    (a) Batch reporting. (1) Any person that recertifies a BOB under
Sec.  1090.740 with less oxygenate than specified by the fuel
manufacturer of the BOB must report the following for each batch:
    (i) The EPA-issued company and facility identifiers for the
recertifying gasoline manufacturer.
    (ii) The batch number assigned by the recertifying gasoline
manufacturer.
    (iii) The date the batch was recertified.
    (iv) The batch volume, as a negative number in gallons. The volume
is the amount of oxygenate that the recertifying gasoline manufacturer
did not blend with the BOB.
    (v) The designation of the batch.
    (vi) A sulfur content of 11 ppm.
    (vii) A benzene content of 0.068 volume percent.
    (viii) The type and content of each oxygenate, as a volume
percentage.
    (ix) The sulfur deficit for the batch calculated under Sec.
1090.740(b)(1).
    (x) The benzene deficit for the batch calculated under Sec.
1090.740(b)(3).
    (2) Any person that recertifies a BOB under Sec.  1090.740 with
more oxygenate than specified by the fuel manufacturer of the BOB does
not need to report the batch.
    (b) Annual sulfur and benzene compliance reporting. Any person that
recertifies a BOB under Sec.  1090.740 must include any deficits
incurred from recertification in reports under Sec.  1090.905(a) and
(b).
    (c) Credit transactions. Any person that recertifies a BOB under
Sec.  1090.740 must report any credit transactions under Sec.
1090.905(d).

Sec.  1090.915  Batch reporting for oxygenate producers and importers.

    Any oxygenate producer, for each of their production facilities,
and any importer for the oxygenate they import, must submit a report
for each compliance period that includes all the following information:
    (a) The EPA-issued company and facility identifiers.
    (b) The total volume of oxygenate produced or imported.
    (c) For each batch of oxygenate produced or imported during the
compliance period, all the following:
    (1) The batch number.
    (2) The date the batch was produced or imported.
    (3) One of the following product types:
    (i) Denatured ethanol using certified ethanol denaturant complying
with Sec.  1090.235(b).
    (ii) Denatured ethanol from non-certified ethanol denaturant.
    (iii) A specified oxygenate other than ethanol (e.g., isobutanol).
    (4) The volume of the batch, in gallons.
    (5) The tested sulfur content of the batch, in ppm, and the test
method used to measure the sulfur content.

    (d) Any other information as EPA may require.

Sec.  1090.920  Reports by certified pentane producers.

    Any producer of certified pentane for use by certified pentane
blenders must submit a report for each facility at which certified
pentane was produced or imported that contains all the following
information:
    (a) The EPA-issued company and facility identifiers.
    (b) For each batch of certified pentane produced or imported during
the compliance period, all the following:
    (1) The batch number.
    (2) The date the batch was produced or imported.
    (3) The batch volume, in gallons.
    (4) The tested pentane content of the batch, as a volume
percentage, and the test method used to measure the pentane content.
    (5) The tested sulfur content of the batch, in ppm, and the test
method used to measure the sulfur content.
    (6) The tested benzene of the batch, as a volume percentage, and
the test method used to measure the benzene content.
    (7) The tested RVP of the batch, in psi, and the test method used
to measure the RVP.
    (c) Any other information as EPA may require.

Sec.  1090.925  Reports by independent surveyors.

    (a) General procedures. (1) Independent surveyors must
electronically submit any plans, notifications, or reports required
under this subpart using forms and procedures specified by EPA.
    (2) For each report required under this section, the independent
surveyor must affirm that the survey was conducted in accordance with
an EPA-approved survey plan and that the survey results are accurate.
    (3) The independent surveyor must include EPA-issued company
identifiers on each report required under this section.
    (4) Independent surveyors must submit quarterly reports required
under paragraph (b) of this section by the following deadlines:

                          Table 1 to Sec.   1090.925(a)--Quarterly Reporting Deadlines
----------------------------------------------------------------------------------------------------------------
             Calendar quarter                     Time period covered             Quarterly report deadline
----------------------------------------------------------------------------------------------------------------
Quarter 1................................  January1-March 31...............  June 1.
Quarter 2................................  April 1-June 30.................  September 1.
Quarter 3................................  July 1-September 30.............  December 1.
Quarter 4................................  October 1-December 31...........  March 31.
----------------------------------------------------------------------------------------------------------------

    (b) Quarterly reporting. Independent surveyors must submit the
following information quarterly, as applicable:
    (1) For each retail outlet or gasoline manufacturing facility
sampled by the independent surveyor:
    (i) The identification information for the retail outlet or
gasoline manufacturing facility, as assigned by the surveyor in a
consistent manner and as described in the survey plan.
    (ii) The displayed fuel manufacturer brand name at the retail
outlet, if any.
    (iii) The physical location (i.e., address) of the retail outlet or
gasoline manufacturing facility.
    (2) For each gasoline sample collected by the independent surveyor:
    (i) A description of the labeling of the fuel dispenser(s) (e.g.,
``E0'', ``E10'', ``E15'', etc.) from which the independent surveyor
collected the sample.
    (ii) The date and time the independent surveyor collected the
sample.
    (iii) The test results for the sample, and the test methods used,
as determined by the independent surveyor, including the following
parameters:
    (A) The oxygen content, in weight percent.
    (B) The type and amount of each oxygenate, by weight and volume
percent.
    (C) The sulfur content, in ppm.
    (D) The benzene content, in volume percent.
    (E) The specific gravity.
    (F) The RVP in psi, if tested.
    (G) The aromatic content in volume percent, if tested.
    (H) The olefin content in volume percent, if tested.
    (I) The distillation parameters (i.e., E200, E300, T50, T90), if
tested.
    (3) For each diesel sample collected at a retail outlet by the
independent surveyor:
    (i) A description of the labeling of the fuel dispenser(s) (e.g.,
``ULSD'') from which the independent surveyor collected the sample.
    (ii) The date and time the independent surveyor collected the
sample.
    (iii) The tested sulfur content of the sample, and the test method
used, as determined by the independent surveyor, in ppm.
    (4) Any other information as EPA may require.
    (c) Annual reporting. Independent surveyors must submit the
following information annually by March 31.
    (1) An identification of the parties that participated in the
survey during the compliance period.
    (2) An identification of each geographic area included in a survey.
    (3) Summary statistics for each identified geographic area,
including the following:
    (i) The number of samples collected and tested.
    (ii) The mean, median, and range expressed in appropriate units for
each measured gasoline and diesel parameter.
    (iii) The standard deviation for each measured gasoline and diesel
parameter.
    (iv) The estimated compliance rate for each measured gasoline and
diesel parameter subject to a per-gallon standard in subpart C or D of
this part.
    (v) A summary of potential non-compliance issues.
    (4) Any other information as EPA may require.

Sec.  1090.930  Reports by auditors.

    (a) Attest engagement reports required under subpart R of this part
must be submitted by independent auditors who are registered with EPA
and associated with a company, or companies, via registration under
subpart I of this part. Each attest engagement must clearly identify
the company and compliance level (e.g., facility), time period, and
scope covered by the report. Attest engagement reports covered by this
section include those required under this part, and under 40 CFR part
80, subpart M, beginning with the report due June 1, 2022.
    (b) An attest engagement report must be submitted to EPA covering
each compliance period by June 1 of the following calendar year. The
auditor must make the attest engagement

available to the company for which it was performed.
    (c) The attest engagement must comply with subpart R of this part
and the attest engagement report must clearly identify the
methodologies followed and any findings, exceptions, etc.
    (d) A single attest engagement submission by the auditor may
include procedures performed under this part and under 40 CFR part 80,
subpart M. If a single submission method is used, the auditor must
clearly and separately describe the procedures and findings for each
program.
    (e) If the attest engagement reveals discrepancies or instances of
noncompliance requiring corrective action, then the RCO must submit a
statement acknowledging them and stating that they are undertaking
corrective action.

Sec.  1090.935  Reports by diesel manufacturers.

    (a) Batch reporting. (1) For each compliance period, manufacturers
of ULSD must submit the following information:
    (i) The EPA-issued company and facility identifiers for the
manufacturer of ULSD.
    (ii) The highest sulfur content level observed for a batch of ULSD
produced during the compliance period on a company level, in ppm.
    (iii) The average sulfur content level of all batches produced
during the compliance period on a company level, in ppm.
    (iv) A list of all batches of ULSD that exceeded the sulfur
standard in Sec.  1090.305(b) by facility. For each such batch, report
the following:
    (A) The batch number.
    (B) The date the batch was produced.
    (C) The volume of the batch, in gallons.
    (D) The sulfur content of the batch, in ppm.
    (E) The corrective action taken, if any.
    (b) [Reserved]

Subpart K--Batch Certification, Designation, and Product Transfer
Documents

Batch Certification and Designation

Sec.  1090.1100  Batch certification requirements.

    (a) General provisions. (1) Fuel manufacturers, fuel additive
manufacturers, and regulated blendstock producers must certify batches
of fuels, fuel additives, and regulated blendstocks as specified in
this section.
    (2) Fuel manufacturers, fuel additive manufacturers, and regulated
blendstock producers do not need to certify fuel, fuel additive, or
regulated blendstock that is exempt under subpart G of this part.
    (3) For purposes of this part, the volume of a batch is the sum of
all shipments or transfers of fuel, fuel additive, or regulated
blendstock out of the tank or vessel in which the fuel, fuel additive,
or regulated blendstock was certified. If a volume of fuel, fuel
additive, or regulated blendstock is placed in a tank, certified (if
not previously certified), and is not changed in some way, it is
considered to be the same batch even if several shipments or transfers
are made out of that tank.
    (4) For fuel produced at a facility that has an in-line blending
waiver under Sec.  1090.1315, the volume of the batch is the volume of
product that is homogeneous under the requirements of Sec.  1090.1337
and is produced during a period not to exceed 3 days.
    (5) No person may introduce into commerce gasoline, diesel fuel, or
ECA marine fuel that is not certified under this section.
    (b) Gasoline. (1) Gasoline manufacturers must certify gasoline as
specified in paragraph (b)(2) of this section prior to introducing the
fuel into commerce.
    (2) To certify batches of gasoline, gasoline manufacturers must do
all the following:
    (i) Register with EPA as a refiner, blending manufacturer,
importer, transmix processor, certified butane blender, or certified
pentane blender under subpart I of this part, as applicable, prior to
producing gasoline.
    (ii) Ensure that each batch of gasoline meets the applicable
requirements of subpart C of this part using the applicable procedures
specified in subpart M of this part. Transmix processors and transmix
blenders must also meet all applicable requirements in subpart F of
this part to ensure that each batch of gasoline meets the applicable
requirements in subpart C of this part.
    (iii) Assign batch numbers as specified in Sec.  1090.1120.
    (iv) Designate batches of gasoline as specified in Sec.  1090.1110.
    (3) PCG may be mixed with other PCG without re-certification if the
resulting mixture complies with the applicable standards in subpart C
of this part and is designated appropriately under Sec.  1090.1110.
Resulting mixtures of PCG are not new batches and should not be
assigned new batch numbers.
    (4) Any person that mixes summer gasoline with summer or winter
gasoline that has a different designation must do one of the following:
    (i) Designate the resulting mixture as meeting the least stringent
RVP designation of any batch that is mixed. For example, a distributor
who mixes Summer RFG with 7.8 psi Summer CG must designate the mixture
as 7.8 psi Summer CG.
    (ii) Determine the RVP of the mixture using the procedures
specified in subpart M of this part and designate the new batch under
Sec.  1090.1110 to reflect the RVP of the resulting mixture.
    (5) Any person that mixes summer gasoline with winter gasoline to
transition any storage tank from winter to summer gasoline is exempt
from the requirement in paragraph (b)(4)(ii) of this section but must
ensure that the gasoline meets the applicable RVP standard in Sec.
1090.215.
    (c) Diesel fuel and ECA marine fuel. (1) Diesel fuel and ECA marine
fuel manufacturers must certify diesel fuel as specified in paragraph
(c)(2) of this section prior to introducing the fuel into commerce.
    (2) To certify batches of diesel fuel and ECA marine fuel, diesel
fuel and ECA marine fuel manufacturers must do all the following:
    (i) Register with EPA as a refiner, blending manufacturer,
importer, or transmix processor under subpart I of this part, as
applicable, prior to producing diesel fuel or ECA marine fuel.
    (ii) Ensure that each batch of diesel fuel or ECA marine fuel meets
the applicable requirements of subpart D of this part using the
applicable procedures specified in subpart M of this part. Transmix
processors must also meet all applicable requirements specified in
subpart F of this part to ensure that each batch of diesel fuel or ECA
marine fuel meets the applicable requirements in subpart D of this
part.
    (iii) Assign batch numbers as specified in Sec.  1090.1120.
    (iv) Designate batches of diesel fuel as specified in Sec.
1090.1115.
    (d) Oxygenates. (1) Oxygenate producers must certify oxygenates
intended to be blended into gasoline as specified in paragraph (d)(2)
of this section.
    (2) To certify batches of oxygenates, oxygenate producers and
importers must do all the following:
    (i) Register with EPA as an oxygenate producer under subpart I of
this part prior to producing or importing oxygenate intended for
blending into gasoline.
    (ii) Ensure that each batch of oxygenate meets the requirements in
Sec.  1090.230 by using the applicable procedures specified in subpart
M of this part.

    (iii) Assign batch numbers as specified in Sec.  1090.1120.
    (iv) Designate batches of oxygenate as intended for blending with
gasoline as specified in Sec.  1090.1110(c).
    (e) Certified butane. (1) Certified butane producers must certify
butane intended to be blended by a blending manufacturer under Sec.
1090.1320 as specified in paragraph (e)(2) of this section.
    (2) To certify batches of certified butane, certified butane
producers must do all the following:
    (i) Ensure that each batch of certified butane meets the
requirements in Sec.  1090.220 by using the applicable procedures
specified in subpart M of this part.
    (A) Testing must occur after the most recent delivery into the
certified butane producer's storage tank, and prior to transferring the
certified butane batch for delivery.
    (B) The certified butane producer must provide documentation of the
test results for each batch of certified butane to the certified butane
blender.
    (ii) Designate batches of certified butane as intended for blending
with gasoline as specified in Sec.  1090.1110(d).
    (f) Certified pentane. (1) Certified pentane producers must certify
pentane intended to be blended by a blending manufacturer under Sec.
1090.1320 as specified in paragraph (f)(2) of this section.
    (2) To certify batches of certified pentane, certified pentane
producers must do all the following:
    (i) Register with EPA as a certified pentane producer under subpart
I of this part prior to producing certified pentane.
    (ii) Ensure that each batch of certified pentane meets the
requirements in Sec.  1090.225 by using the applicable procedures
specified in subpart M of this part.
    (A) Testing must occur after the most recent delivery into the
certified pentane producer's storage tank, before transferring the
certified pentane batch for delivery.
    (B) The certified pentane producer must provide documentation of
the test results for each batch of certified pentane to the certified
pentane blender.
    (iii) Assign batch numbers as specified in Sec.  1090.1120.
    (iv) Designate batches of certified pentane as intended for
blending with gasoline as specified in Sec.  1090.1110(d).
    (g) Certified ethanol denaturant. (1) Certified ethanol denaturant
producers must certify certified ethanol denaturant intended to be used
to make DFE that meets the requirements in Sec.  1090.235 as specified
in paragraph (g)(2) of this section.
    (2) To certify batches of certified ethanol denaturant, certified
ethanol denaturant producers must do all the following:
    (i) Register with EPA as a certified ethanol denaturant producer
under subpart I of this part prior to producing certified ethanol
denaturant.
    (ii) Ensure that each batch of certified ethanol denaturant meets
the requirements in Sec.  1090.235 by using the applicable procedures
specified in subpart M of this part.
    (iii) Assign batch numbers as specified in Sec.  1090.1120.
    (iv) Designate batches of certified ethanol denaturant as intended
for blending with gasoline as specified in Sec.  1090.1110(e).

Sec.  1090.1105  Designation of batches of fuels, fuel additives, and
regulated blendstocks.

    (a) Fuel manufacturers, fuel additive manufacturers, and regulated
blendstock producers must designate batches of fuel, fuel additive, and
regulated blendstock as specified in this subpart.
    (b) Fuel manufacturers, fuel additive manufacturers, and regulated
blendstock producers must include designations on PTDs as specified in
this subpart and must make the designation prior to the batch leaving
the facility where it was produced.
    (c) By designating a batch of fuel, fuel additive, or regulated
blendstock under this subpart, the designating party is acknowledging
that the batch is subject to all applicable standards under this part.
    (d) A person must comply with all provisions of this part even if
they fail to designate or improperly designate a batch of fuel, fuel
additive, or regulated blendstock.
    (e) No person may use the designation provisions of this subpart to
circumvent any standard or requirement in this part.

Sec.  1090.1110  Designation requirements for gasoline.

    (a) Designation requirements for gasoline manufacturers. Gasoline
manufacturers must accurately and clearly designate each batch of
gasoline as follows:
    (1) Gasoline manufacturers must designate each batch of gasoline as
one of the following fuel types:
    (i) Winter RFG or RBOB.
    (ii) Summer RFG or RBOB.
    (iii) Winter CG or CBOB.
    (iv) Summer CG or CBOB.
    (v) Exempt gasoline under subpart G of this part (including
additional identifying information).
    (vi) California gasoline.
    (2) Gasoline manufacturers must further designate gasoline
designated as Summer CG or Summer CBOB as follows:
    (i) 7.8 psi Summer CG or CBOB.
    (ii) 9.0 psi Summer CG or CBOB.
    (iii) SIP-controlled Summer CG or CBOB.
    (3) CBOB and RBOB manufacturers must further designate the CBOB or
RBOB with the type(s) and amount(s) of oxygenate specified to be
blended with the CBOB or RBOB as specified in Sec.  1090.710.
    (b) Designation requirements for gasoline distributors. Gasoline
distributors must accurately and clearly designate each batch or
portion of a batch of gasoline for which they transfer custody to
another facility as follows:
    (1) Distributors must accurately and clearly classify each batch or
portion of each batch of gasoline as specified by the gasoline
manufacturer in paragraph (a) of this section.
    (2) Distributors may redesignate batches or portions of batches of
gasoline for which they transfer custody to another facility without
recertifying the batch or portion of the batch as follows:
    (i) Winter RFG or RBOB may be redesignated as Winter CG or CBOB.
    (ii) Winter CG or CBOB may be redesignated as Winter RFG or RBOB.
    (iii) Summer RFG or RBOB and Summer CG or CBOB may be redesignated
to a less stringent RVP designation. For example, a distributor could
redesignate without recertification a portion of a batch of Summer RFG
to 7.8 psi Summer CG or 9.0 psi Summer CG.
    (iv) Summer RFG or RBOB and Summer CG or CBOB may be redesignated
as Winter RFG or RBOB or Winter CG or CBOB.
    (v)(A) California gasoline may be redesignated as RFG or CG, with
appropriate season designation and RVP designation under paragraph (a)
of this section, if the requirements specified in Sec.  1090.625(d) are
met.
    (B) California gasoline that is not redesignated under paragraph
(b)(2)(v)(A) of this section may instead be recertified as gasoline
under Sec.  1090.1100(b).
    (vi) CG and RFG may not be redesignated as BOB.
    (3) Distributors that redesignate batches or portions of gasoline
under paragraph (b)(2) of this section must accurately and clearly
designate the batch or portion of the batch of gasoline as specified in
paragraph (a) of this section.
    (c) Designation requirements for oxygenate producers. Oxygenate

producers must accurately and clearly designate each batch of oxygenate
intended for blending with gasoline as one of the following oxygenate
types:
    (1) DFE.
    (2) The name of the specific oxygenate (e.g., iso-butanol).
    (d) Designation requirements for certified butane and certified
pentane. Certified butane and certified pentane producers must
accurately and clearly designate each batch of certified butane and
certified pentane as one of the following types:
    (1) Certified butane.
    (2) Certified pentane.
    (e) Designation requirements for certified ethanol denaturant.
Certified ethanol denaturant producers must accurately and clearly
designate batches of certified ethanol denaturant as ``certified
ethanol denaturant''.

Sec.  1090.1115  Designation requirements for diesel and distillate
fuels.

    (a) Designation requirements for diesel and distillate fuel
manufacturers. (1) Except as specified in paragraphs (a)(3) and (4) of
this section, diesel and distillate fuel manufacturers must accurately
and clearly designate each batch of diesel or distillate fuel as at
least one of the following fuel types:
    (i) ULSD. Diesel fuel manufacturers may also designate the fuel as
15 ppm MVNRLM.
    (ii) LM 500 diesel fuel.
    (iii) Heating oil.
    (iv) Jet fuel.
    (v) Kerosene.
    (vi) ECA marine fuel.
    (vii) Distillate global marine fuel.
    (viii) Exempt diesel or distillate fuel under subpart G of this
part (including additional identifying information).
    (2) Only fuel manufacturers that comply with the requirements in
Sec.  1090.520 may designate fuel as LM 500 diesel fuel.
    (3) Any batch of diesel or distillate fuel that is certified and
designated as ULSD may also be designated as heating oil, kerosene, or
jet fuel if it is also suitable for use as heating oil, kerosene, or
jet fuel.
    (4) Any batch of diesel or distillate fuel that is certified and
designated as ULSD may also be designated as ECA marine fuel or
distillate global marine fuel if the applicable requirements in Sec.
1090.325 are met.
    (b) Designation requirements for distributors of diesel and
distillate fuels. Distributors of diesel and distillate fuels must
accurately and clearly designate each batch of diesel or distillate
fuel for which they transfer custody as follows:
    (1) Distributors must accurately and clearly designate such diesel
or distillate fuel by sulfur content while it is in their custody
(e.g., as 15 ppm or 500 ppm).
    (2) Distributors must accurately and clearly designate such diesel
or distillate fuel as specified by the diesel or distillate fuel
manufacturer under paragraph (a) of this section.
    (3) Distributors may redesignate batches or portions of batches of
diesel or distillate fuel for which they transfer custody to another
facility without recertifying the batch or portion of the batch as
follows:
    (i) ULSD that is also suitable for use as kerosene or jet fuel
(commonly referred to as dual use kerosene) may be designated as ULSD,
kerosene, or jet fuel (as applicable).
    (ii) ULSD may be redesignated as LM 500 diesel fuel, heating oil,
jet fuel, kerosene, ECA marine fuel, or distillate global marine fuel
without recertification if all applicable requirements under this part
are met for the new fuel designation.
    (iii) California diesel may be redesignated as ULSD if the
requirements specified in Sec.  1090.625(e) are met.
    (iv) Heating oil, kerosene, or jet fuel may be redesignated as ULSD
if the requirements specified in Sec.  1090.315 are met.
    (v) 500 ppm LM diesel fuel may be redesignated as ECA marine fuel,
distillate global marine fuel, heating oil, or blendstock. Any person
that redesignates 500 ppm LM diesel fuel to ECA marine fuel or
distillate global marine fuel must maintain records from the producer
of the 500 ppm LM diesel fuel (i.e., PTDs accompanying the fuel under
Sec.  1090.1165) to demonstrate compliance with the 500 ppm sulfur
standard in Sec.  1090.320(b).
    (c) No person may designate distillate fuel with a sulfur content
greater than the sulfur standard in Sec.  1090.305(b) as ULSD.

Sec.  1090.1120  Batch numbering.

    (a) Fuel manufacturers, fuel additive manufacturers, and regulated
blendstock producers must assign a number (the ``batch number'') to
each batch of gasoline, diesel fuel, oxygenate, certified pentane, or
certified ethanol denaturant either produced or imported. The batch
number must, if available, consist of the EPA-assigned company
registration number of the party that either produced or imported the
fuel, fuel additive, or regulated blendstock, the EPA-assigned facility
registration number where the fuel, fuel additive, or regulated
blendstock was produced or imported, the last two digits of the year
that the batch was either produced or imported, and a unique number for
the batch, beginning with the number one (1) for the first batch
produced or imported each calendar year and each subsequent batch
during the calendar year being assigned the next sequential number
(e.g., 4321-54321-20-000001, 4321-54321-20-000002, etc.). EPA assigns
company and facility registration numbers as specified in subpart I of
this part.
    (b) Certified butane or certified pentane blended with PCG during a
period of up to one month may be included in a single batch for
purposes of reporting to EPA. However, certified butane and certified
pentane must be reported as separate batches.
    (c) Gasoline manufacturers that recertify BOBs under Sec.  1090.740
may include up to a single month's volume as a single batch for
purposes of reporting to EPA.

Product Transfer Documents

Sec.  1090.1150  General PTD provisions.

    (a) General. (1) On each occasion when any person transfers custody
or title to any product covered under this part other than when fuel is
sold or dispensed for use in motor vehicles at a retail outlet or WPC
facility, the transferor must provide to the transferee PTDs that
include all the following information:
    (i) The name and address of the transferor.
    (ii) The name and address of the transferee.
    (iii) The volume of the product being transferred, in gallons.
    (iv) The location of the product at the time of the transfer.
    (v) The date of the transfer.
    (2) The specific designations required for gasoline-related
products specified in Sec.  1090.1110 or distillate-related products
specified in Sec.  1090.1115.
    (b) Use of codes. Except for transfers to truck carriers,
retailers, or WPCs, product codes may be used to convey the information
required under this subpart, if such codes are clearly understood by
each transferee.

Sec.  1090.1155  PTD requirements for exempted fuels.

    (a) In addition to the information required under Sec.  1090.1150,
on each occasion when any person transfers custody or title to any
exempted fuel under subpart G of this part, the transferor must provide
to the transferee PTDs that include the following statements, as
applicable:
    (1) National security exemption language. For fuels with a national
security exemption specified in Sec.  1090.605: ``This fuel is for use
in

vehicles, engines, or equipment under an EPA-approved national security
exemption only.''
    (2) R&D exemption language. For fuels used for an R&D purpose
specified in Sec.  1090.610: ``For use in research, development, and
test programs only.''
    (3) Racing fuel language. For fuels used for racing purposes
specified in Sec.  1090.615: ``This fuel is for racing purposes only.''
    (4) Aviation fuel language. For fuels used in aircraft specified in
Sec.  1090.615: ``This fuel is for aviation use only.''
    (5) Territory fuel exemption language. For fuels for use in
American Samoa, Guam, or the Commonwealth of the Northern Mariana
Islands specified in Sec.  1090.620: ``This fuel is for use only in
Guam, American Samoa, or the Northern Mariana Islands.''
    (6) California gasoline language. For California gasoline specified
in Sec.  1090.625: ``California gasoline''.
    (7) California diesel language. For California diesel specified in
Sec.  1090.625: ``California diesel''.
    (8) Alaska, Hawaii, Puerto Rico, and U.S. Virgin Islands summer
gasoline language. For summer gasoline for use in Alaska, Hawaii,
Puerto Rico, or the U.S. Virgin Islands specified in Sec.  1090.630:
``This summer gasoline is for use only in Alaska, Hawaii, Puerto Rico,
or the U.S. Virgin Islands.''
    (9) Exported fuel language. For exported fuels specified in Sec.
1090.645: ``This fuel is for export from the United States only.''
    (b) In statements required by paragraph (a) of this section, where
``fuel'' is designated in a statement, the specific fuel type (for
example, ``diesel fuel'' or ``gasoline'') may be used in place of the
word ``fuel''.

Sec.  1090.1160  Gasoline, gasoline additive, and gasoline regulated
blendstock PTD provisions.

    (a) General requirements. For each occasion that any person
transfers custody of any gasoline, gasoline additive, or gasoline
regulated blendstock, the transferor must provide the transferee PTDs
that include the following information:
    (1) All applicable information required under Sec.  1090.1150 and
this section.
    (2) An accurate and clear statement of the applicable designation
of the gasoline, gasoline additive, or gasoline regulated blendstock
under Sec.  1090.1110.
    (b) BOB language requirements. For batches of BOB, in addition to
the information required under paragraph (a) of this section, the
following information must be included on the PTD:
    (1) Oxygenate type(s) and amount(s). Statements specifying each
oxygenate type and amount (or range of amounts) that the fuel
manufacturer certified a hand blend under Sec.  1090.710 for the BOB.
    (2) Summer BOB language requirements. Except as specified in
paragraph (b)(2)(iv) of this section, for batches of summer BOB,
identification of the product with one of the following statements
indicating the applicable RVP standard in Sec.  1090.215.
    (i) ``9.0 psi CBOB. This product does not meet the requirements for
summer reformulated gasoline.''
    (ii) ``7.8 psi CBOB. This product does not meet the requirements
for summer reformulated gasoline.''
    (iii) ``RBOB. This product meets the requirements for summer
reformulated or conventional gasoline.''
    (iv) For BOBs designed to produce a finished gasoline that must
meet an RVP per-gallon standard required by any SIP approved or
promulgated under 42 U.S.C. Sec.  7410 or Sec.  7502, additional or
substitute language to satisfy the state program may be used as
necessary but must include at a minimum the applicable RVP standard
established under the SIP.
    (c) RFG and CG requirements. For batches of RFG and CG, in addition
to the information required under paragraph (a) of this section, the
following information must be included on the PTD:
    (1) Summer gasoline language requirements. (i) Except as specified
in paragraph (c)(1)(ii) of this section, for summer gasoline,
identification of the product with one of the following statements
indicating the applicable RVP standard:
    (A) For gasoline that meets the 9.0 psi RVP standard in Sec.
1090.215(a): ``9.0 psi Gasoline.''
    (B) For gasoline that meets the 7.8 psi RVP standard in Sec.
1090.215(a)(1): ``7.8 psi Gasoline.''
    (C) For gasoline that meets the RFG 7.4 psi RVP standard in Sec.
1090.215(a)(2): ``Reformulated Gasoline.''
    (ii) For finished gasoline that meets an RVP per-gallon standard
required by any SIP approved or promulgated under 42 U.S.C. Sec.  7410
or 7502, additional or substitute language to satisfy the state program
may be used as necessary.
    (2) Ethanol content language requirements. (i) For gasoline-ethanol
blends, one of the following statements that accurately describes the
gasoline:
    (A) For gasoline containing no ethanol (``E0''), the following
statement: ``E0: Contains no ethanol.''
    (B) For finished gasoline containing less than 9 volume percent
ethanol, the following statement: ``EX--Contains up to X% ethanol.''
The term X refers to the maximum volume percent ethanol present in the
gasoline-ethanol blend.
    (C) For E10, the following statement: ``E10: Contains between 9 and
10 vol % ethanol.''
    (D) For E15, the following statement: ``E15: Contains up to 15 vol
% ethanol.''
    (E) For gasoline-ethanol blends containing more than 15 volume
percent ethanol, the following statement: ``EXX: Contains up to XX vol
% ethanol.'' The term XX refers to the maximum volume percent ethanol
present in the gasoline-ethanol blend.
    (ii) No person may designate a fuel as E10 if the fuel is produced
by blending ethanol and gasoline in a manner designed to contain less
than 9.0 or more than 10.0 volume percent ethanol.
    (iii) No person may designate a fuel as E15 if the fuel is produced
by blending ethanol and gasoline in a manner designed to contain less
than 10.0 or more than 15.0 volume percent ethanol.
    (d) Oxygenate language requirements. In addition to any other PTD
requirements of this subpart, on each occasion when any person
transfers custody or title to any oxygenate upstream of any oxygenate
blending facility, the transferor must provide to the transferee PTDs
that include the following information, as applicable:
    (1) For DFE: ``Denatured fuel ethanol, maximum 10 ppm sulfur.''
    (2) For other oxygenates, the name of the specific oxygenate must
be identified on the PTD, followed by ``maximum 10 ppm sulfur.'' For
example, for isobutanol, the following statement on the PTD would be
required, ``Isobutanol, maximum 10 ppm sulfur.''
    (e) Gasoline detergent language requirements. In addition to any
other PTD requirements of this subpart, on each occasion when any
person transfers custody or title to any gasoline detergent, the
transferor must provide to the transferee PTDs that include the
following information:
    (1) The identity of the product being transferred as detergent,
detergent-additized gasoline, or non-additized detergent gasoline.
    (2) The name of the registered detergent must be used to identify
the detergent additive package on its PTD and the LAC on the PTD must
be consistent with the requirements in Sec.  1090.240.
    (f) Gasoline additives language requirements. In addition to any
other PTD requirements of this subpart, on each occasion when any
person transfers custody or title to any gasoline additive that meets
the requirements of

Sec.  1090.255(a), the transferor must provide to the transferee PTDs
that include all the following information:
    (1) The maximum allowed treatment rate of the additive so that the
additive will contribute no more than 3 ppm sulfur to the finished
gasoline.
    (2) [Reserved].
    (g) Certified ethanol denaturant language requirements. In addition
to any other PTD requirements of this subpart, on each occasion when
any person transfers custody or title to any certified ethanol
denaturant that meets the requirements of Sec.  1090.235(b), the
transferor must provide to the transferee PTDs that include all the
following information:
    (1) The following statement: ``Certified Ethanol Denaturant
suitable for use in the manufacture of denatured fuel ethanol meeting
EPA standards.''
    (2) The PTD must state that the sulfur content is 330 ppm or less.
If the certified ethanol denaturant manufacturer represents a batch of
denaturant as having a maximum sulfur content lower than 330 ppm, the
PTD must instead state that lower sulfur maximum (e.g., has a sulfur
content of 120 ppm or less).
    (h) Butane and pentane language requirements. (1) In addition to
any other PTD requirements of this subpart, on each occasion when any
person transfers custody or title to any certified butane or certified
pentane, the transferor must provide to the transferee PTDs that
include the following information:
    (i) The certified butane or certified pentane producer company name
and facility registration number issued by EPA.
    (ii) One of the following statements, as applicable:
    (A) ``Certified pentane for use by certified pentane blenders''.
    (B) ``Certified butane for use by certified butane blenders''.
    (2) PTDs that are compliant with the requirements of paragraph
(h)(1) of this section must be transferred from each party transferring
certified butane or certified pentane for use by certified butane or
certified pentane blenders to each party that receives the certified
butane or certified pentane through to the certified butane or
certified pentane blender, respectively.

Sec.  1090.1165   PTD requirements for distillate and residual fuels.

    (a) General requirements. For each occasion that any person
transfers custody of any distillate or residual fuel, the transferor
must provide the transferee PTDs that include the following
information:
    (1) The sulfur per-gallon standard that the transferor represents
the fuel to meet under subpart D of this part (e.g., 15 ppm sulfur for
ULSD or 1,000 ppm sulfur for ECA marine fuel).
    (2) An accurate and clear statement of the applicable
designation(s) of the fuel under Sec.  1090.1115 (e.g., ``ULSD'', ``500
ppm LM diesel fuel'', or ``ECA marine fuel'').
    (3) If the fuel does not meet the ULSD sulfur standard in Sec.
1090.305(b), the following statement: ``Not for use in highway vehicles
or engines or nonroad, locomotive, or marine engines.''
    (b) 500 ppm LM diesel fuel language requirements. For batches of
500 ppm LM diesel fuel, in addition to the information required under
paragraph (a) of this section, the following information must be
included on the PTD:
    (1) The following statement: ``500 ppm sulfur (maximum) LM diesel
fuel. For use only in accordance with a compliance plan under 40 CFR
1090.520(g). Not for use in highway vehicles or other nonroad vehicles
and engines.''
    (2) [Reserved]
    (c) ECA marine fuel language requirements. For batches of ECA
marine fuel, in addition to the information required under paragraph
(a) of this section, the following information must be included on the
PTD:
    (1) The following statement: ``1,000 ppm sulfur (maximum) ECA
marine fuel. For use in Category 3 marine vessels only. Not for use in
Category 1 or Category 2 marine vessels.''
    (2) Parties may replace the required statement in paragraph (c)(1)
of this section with the following statement for qualifying vessels
under 40 CFR part 1043: ``High sulfur fuel. For use only in ships as
allowed by MARPOL Annex VI, Regulation 3 or Regulation 4.''
    (3) Under 40 CFR 1043.80, fuel suppliers (i.e., ECA marine fuel
distributors, retailers, and WPCs) must provide bunker delivery notes
to vessel operators in addition to any applicable PTD requirements
under this subpart.
    (d) Distillate global marine fuel language requirements. For
batches of distillate global marine fuel, in addition to the
information required under paragraph (a) of this section, the following
information must be included on the PTD:
    (1) The following statement: ``For use only in steamships or
Category 3 marine vessels outside of an Emission Control Area (ECA),
consistent with MARPOL Annex VI.''
    (2) [Reserved]

Sec.  1090.1170   Diesel fuel additives language requirements.

    In addition to any other PTD requirements in this subpart, on each
occasion that any person transfers custody or title to a diesel fuel
additive that is subject to the provisions of Sec.  1090.310 to a party
in the additive distribution system or in the diesel fuel distribution
system for use downstream of the diesel fuel manufacturing facility,
the transferor must provide to the transferee PTDs that include the
following information:
    (a) For diesel fuel additives that comply with the sulfur standard
in Sec.  1090.310(a), include the following statement: ``The sulfur
content of this diesel fuel additive does not exceed 15 ppm.''
    (b) For diesel fuel additives that meet the requirements of Sec.
1090.310(b), the transferor must provide to the transferee documents
that identify the additive as such, and do all the following:
    (1) Indicate the high sulfur potential of the diesel fuel additive
by including the following statement: ``This diesel fuel additive may
exceed the federal 15 ppm sulfur standard. Improper use of this
additive may result in non-compliant diesel fuel.''
    (2) If the diesel fuel additive package contains a static
dissipater additive or red dye having a sulfur content greater than 15
ppm, one of the following statements must be included that accurately
describes the contents of the additive package:
    (i) ``This diesel fuel additive contains a static dissipater
additive having a sulfur content greater than 15 ppm.''
    (ii) ``This diesel fuel additive contains red dye having a sulfur
content greater than 15 ppm.''
    (iii) ``This diesel fuel additive contains a static dissipater
additive and red dye having a sulfur content greater than 15 ppm.''
    (3) Include the following information:
    (i) The diesel fuel additive package's maximum sulfur
concentration.
    (ii) The maximum recommended concentration for use of the diesel
fuel additive package in diesel fuel, in volume percent.
    (iii) The contribution to the sulfur level of the fuel (in ppm)
that would result if the diesel fuel additive package is used at the
maximum recommended concentration.
    (c) For diesel fuel additives that are sold in containers for use
by the ultimate consumer of diesel fuel, each transferor must display
on the additive container, in a legible and conspicuous manner, one of
the following statements, as applicable:

    (1) For diesel fuel additives that comply with the sulfur standard
in Sec.  1090.310(a), ``This diesel fuel additive complies with the
federal low sulfur content requirements for use in diesel motor
vehicles and nonroad engines.''
    (2) For diesel fuel additives that do not comply with the sulfur
standard in Sec.  1090.310(a), the following statement: ``This diesel
fuel additive does not comply with federal ultra-low sulfur content
requirements.''

Sec.  1090.1175  Alternative PTD language provisions.

    (a) Alternative PTD language to the language specified in this
subpart may be used if approved by EPA in advance. Such language must
contain all the applicable informational elements specified in this
subpart.
    (b) Requests for alternative PTD language must be submitted as
specified in Sec.  1090.10.

Subpart L--Recordkeeping

Sec.  1090.1200   General recordkeeping requirements.

    (a) Length of time records must be kept. Records required by this
part must be kept for 5 years from the date they were created, except
that records relating to credit transfers must be kept by the
transferor for 5 years from the date the credits were transferred and
must be kept by the transferee for 5 years from the date the credits
were transferred, used, or terminated, whichever is later.
    (b) Make records available to EPA. On request by EPA, the records
specified in this part must be provided to EPA. For records that are
electronically generated or maintained, the equipment and software
necessary to read the records must be made available, or upon approval
by EPA, electronic records must be converted to paper documents that
must be provided to EPA.

Sec.  1090.1205   Recordkeeping requirements for all regulated parties.

    (a) Overview. Any party subject to the requirements and provisions
of this part must keep records containing the information specified in
this section.
    (b) Records related to PTDs. Any party that transfers title or
custody of any fuel, fuel additive, or regulated blendstock must
maintain the PTDs for which the party is the transferor or transferee.
    (c) Records related to sampling and testing. Any party required to
perform any sampling and testing on any fuel, fuel additive, or
regulated blendstock must keep records of the following:
    (1) The location, date, time, and storage tank or truck, rail car,
or vessel identification for each sample collected.
    (2) The identification of the person(s) who collected the sample
and the person(s) who performed the testing.
    (3) The results of all tests as originally printed by the testing
apparatus, or where no printed result is produced, the results as
originally recorded by the person or apparatus that performed the test.
Where more than one test is performed, keep all the results.
    (4) The methodology used to test any parameter under this part.
    (5) Records related to performance-based measurement and
statistical quality control under Sec. Sec.  1090.1360 through
1090.1375.
    (6) Records related to gasoline deposit control testing under Sec.
1090.1395.
    (7) The actions taken to stop the sale of any fuel, fuel additive,
or regulated blendstock found not to be in compliance with applicable
standards under this part, and the actions taken to identify the cause
of any noncompliance and prevent future instances of noncompliance.
    (d) Records related to registration. For parties required to
register under subpart I of this part, the party must maintain records
supporting the information required to complete and maintain the
registration for the party's company and each registered facility. The
party must also maintain copies of any confirmation received from the
submission of such registration information to EPA.
    (e) Records related to reporting. For parties required to submit
reports under subpart J of this part, the party must maintain copies of
all reports submitted to EPA. The party must also maintain copies of
any confirmation received from the submission of such reports to EPA.
    (f) Records related to exemptions. Anyone that produces or
distributes exempt fuel, fuel additive, or regulated blendstock under
subpart G of this part must keep the following records:
    (1) Designation of the fuel, fuel additive, or regulated blendstock
under subparts G and K of this part.
    (2) Copies of PTDs generated or accompanying the exempted fuel,
fuel additive, or regulated blendstock.
    (3) Records demonstrating that the exempt fuel, fuel additive, or
regulated blendstock was actually used in accordance with the
requirements of the applicable exemption(s) under subpart G of this
part.

Sec.  1090.1210   Recordkeeping requirements for gasoline
manufacturers.

    (a) Overview. In addition to the requirements in Sec.  1090.1205,
gasoline manufacturers must keep records for each of their facilities
that include the information in this section.
    (b) Batch records. For each batch of gasoline, gasoline
manufacturers must keep records of the following information:
    (1) The results of tests, including any calculations necessary to
transcribe or correlate test results into reported values under subpart
J of this part, performed to determine gasoline properties and
characteristics as specified in subpart M of this part.
    (2) The batch volume.
    (3) The batch number.
    (4) The date the batch was produced or imported.
    (5) The designation of the batch under Sec.  1090.1110.
    (6) The PTDs for any gasoline produced or imported.
    (7) The PTDs for any gasoline received.
    (c) Downstream oxygenate accounting records. For BOB certified for
including in downstream oxygenate accounting under Sec.  1090.710,
gasoline manufacturers must keep records of the following information:
    (1) The test results for hand blends prepared under Sec.
1090.1340.
    (2) Records that demonstrate that the gasoline manufacturer
participates in the national fuels survey program under subpart N of
this part.
    (3) Records that demonstrate that the gasoline manufacturer
participates in the national sampling oversight program under Sec.
1090.1440.
    (4) Compliance calculations specified in Sec.  1090.700 based on an
assumed addition of oxygenate.
    (d) Records for PCG. For new batches of gasoline produced by adding
blendstock to PCG, gasoline manufacturers must keep records of the
following information:
    (1) Records that reflect the storage and movement of the PCG and
blendstock within the fuel manufacturing facility to the point such PCG
is used to produce gasoline or BOB.
    (2) For new batches of gasoline produced by adding blendstock to
PCG under Sec.  1090.1320(a)(1), keep records of the following
additional information:
    (i) The results of tests to determine the sulfur content, benzene
content, RVP in the summer, and oxygenate(s) content for the PCG and
volume of the PCG when received at the fuel manufacturing facility.
    (ii) Records demonstrating which batches of PCG were used in each
new batch of gasoline.
    (iii) Records demonstrating which, if any, blendstocks were used in
each new batch of gasoline.

    (iv) Records of the test results for sulfur content, benzene
content, RVP in the summer, oxygenate(s) content, and distillation
parameters for each new batch of gasoline.
    (3) For new batches of gasoline produced by adding blendstock to
PCG under Sec.  1090.1320(a)(2), keep records of the following
additional information:
    (i) Records of the test results for sulfur content, benzene
content, RVP in the summer, and oxygenate(s) content of each blendstock
used to produce the new batch of gasoline.
    (ii) Records of the test results for sulfur content and RVP in the
summer of each new batch of gasoline.
    (iii) Records demonstrating which, if any, blendstocks were used in
each new batch of gasoline.
    (e) Records for certified butane and certified pentane blenders.
For certified butane or certified pentane blended into gasoline or BOB
under Sec.  1090.1320, certified butane and certified pentane blenders
must keep records of the following information:
    (1) The volume of certified butane or certified pentane added.
    (2) The volume of gasoline prior to and after the certified butane
or certified pentane blending.
    (3) The purity and properties of the certified butane or certified
pentane specified in Sec.  1090.220 or Sec.  1090.225, respectively.
    (f) Records for the importation of gasoline treated as blendstock.
For any imported GTAB, importers must keep records of documents that
reflect the storage and physical movement of the GTAB from the point of
importation to the point of blending to produce gasoline.
    (g) Records related to ABT. Gasoline manufacturers must keep
records of the following information related to their ABT activities
under subpart H of this part, as applicable:
    (1) Compliance sulfur values and compliance benzene values under
Sec.  1090.700, and the calculations used to determine those values.
    (2) The number of valid credits in possession of the gasoline
manufacturer at the beginning of each compliance period, separately by
facility and compliance period of generation.
    (3) The number of credits generated by the gasoline manufacturer
under Sec.  1090.725, separately by facility and compliance period of
generation.
    (4) If any credits were obtained from or transferred to other
parties, all the following for each other party:
    (i) The party's name.
    (ii) The party's EPA company and facility registration numbers.
    (iii) The number of credits obtained from or transferred to the
party.
    (5) The number of credits that expired at the end of each
compliance period, separately by facility and compliance period of
generation.
    (6) The number of credits that will be carried over into the next
compliance period, separately by facility and compliance period of
generation.
    (7) The number of credits used, separately by facility and
compliance period of generation.
    (8) Contracts or other commercial documents that establish each
transfer of credits from the transferor to the transferee.
    (9) Documentation that supports the number of credits transferred
between facilities within the same company (i.e., intracompany
transfers).

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

    (a) Overview. In addition to the requirements in Sec.  1090.1205,
diesel fuel and ECA marine fuel manufacturers must keep records for
each of their facilities that include the information in this section.
    (b) Batch records. For each batch of ULSD, 500 ppm LM diesel fuel,
or ECA marine fuel, diesel fuel and ECA marine fuel manufacturers must
keep records of the following information:
    (1) The batch volume.
    (2) The batch number.
    (3) The date the batch was produced or imported.
    (4) The designation of the batch under Sec.  1090.1115.
    (5) All documents and information created or used for the purpose
of batch designation under Sec.  1090.1115, including PTDs for the
batch.
    (c) Distillate global marine fuel. For each batch of distillate
global marine fuel, distillate global marine fuel manufacturers must
keep records of the following information:
    (1) The designation of the batch as distillate global marine fuel.
    (2) The PTD for the batch.

Sec.  1090.1220   Recordkeeping requirements for oxygenate blenders.

    (a) In addition to the requirements in Sec.  1090.1205, oxygenate
blenders that blend oxygenate into gasoline must keep records that
include the information in this section.
    (b) For each occasion that an oxygenate blender blends oxygenate
into gasoline, oxygenate blenders must keep records of the following
information:
    (1) The date, time, location, and identification of the blending
tank or truck in which the blending occurred.
    (2) The volume and oxygenate requirement of the gasoline to which
oxygenate was added.
    (3) The volume, type, and purity of the oxygenate that was added,
and documents that show the supplier(s) of the oxygenate used.

Sec.  1090.1225   Recordkeeping requirements for gasoline additives.

    (a) Gasoline additive producers and importers. In addition to the
requirements in Sec.  1090.1205, gasoline additive manufacturers must
keep records of the following information for each batch of additive
produced or imported:
    (1) The batch volume.
    (2) The date the batch was produced or imported.
    (3) The PTD for the batch.
    (4) The maximum recommended treatment rate.
    (5) The gasoline additive manufacturer's control practices that
demonstrate that the additive will contribute no more than 3 ppm on a
per-gallon basis to the sulfur content of gasoline when used at the
maximum recommended treatment rate.
    (b) Records that parties that take custody of gasoline additives in
the gasoline additive distribution system must keep. Except for
gasoline additives packaged for addition to gasoline in the vehicle
fuel tank, all parties that take custody of gasoline additives for bulk
addition to gasoline--from the producer through to the party that adds
the additive to gasoline--must keep records of the following
information:
    (1) The PTD for each batch of gasoline additive.
    (2) The treatment rate at which the additive was added to gasoline,
as applicable.
    (3) The volume of gasoline that was treated with the additive, as
applicable. A new record must be initiated in cases where a new batch
of additive is mixed into a storage tank from which the additive is
drawn to be injected into gasoline.

Sec.  1090.1230   Recordkeeping requirements for oxygenate producers.

    (a) Oxygenate producers. In addition to the requirements in Sec.
1090.1205, oxygenate producers must keep records of the following
information for each batch of oxygenate:
    (1) The batch volume.
    (2) The batch number.
    (3) The date the batch was produced or imported.
    (4) The PTD for the batch.
    (5) The sulfur content of the batch.
    (6) The sampling and testing records specified in Sec.
1090.1205(c), if the sulfur

content of the batch was determined by analytical testing.
    (b) DFE producers. In addition to the requirements in paragraph (a)
of this section, DFE producers must keep records of the following
information for each batch of DFE if the sulfur content of the batch
was determined under Sec.  1090.1330:
    (1) The name and title of the person who calculated the sulfur
content of the batch.
    (2) The date the calculation was performed.
    (3) The calculated sulfur content.
    (4) The sulfur content of the neat (un-denatured) ethanol.
    (5) The date each batch of neat ethanol was produced.
    (6) The neat ethanol batch number.
    (7) The neat ethanol batch volume.
    (8) As applicable, the neat ethanol production quality control
records, or the test results on the neat ethanol, including all the
following:
    (i) The location, date, time, and storage tank or truck
identification for each sample collected.
    (ii) The name and title of the person who collected the sample and
the person who performed the test.
    (iii) The results of the test as originally printed by the testing
apparatus, or where no printed result is produced, the results as
originally recorded by the person who performed the test.
    (iv) Any record that contains a test result for the sample that is
not identical to the result recorded in paragraph (b)(8)(iii) of this
section.
    (v) The test methodology used.
    (9) The sulfur content of each batch of denaturant used, and the
volume percent at which the denaturant was added to neat (un-denatured)
ethanol to produce DFE.
    (10) The PTD for each batch of denaturant used.
    (c) Records that parties that take custody of oxygenate in the
oxygenate distribution system must keep. All parties that take custody
of oxygenate--from the oxygenate producer through to the oxygenate
blender--must keep records of the PTD for each batch of oxygenate.

Sec.  1090.1235   Recordkeeping requirements for ethanol denaturant.

    (a) Certified ethanol denaturant producers. In addition to the
requirements in Sec.  1090.1205, certified ethanol denaturant producers
must keep records of the following information for each batch of
certified ethanol denaturant:
    (1) The batch volume.
    (2) The batch number.
    (3) The date the batch was produced or imported.
    (4) The PTD for the batch.
    (5) The sulfur content of the batch.
    (b) Parties that take custody of ethanol denaturants. All parties
that take custody of denaturant designated as suitable for use in the
production of DFE under Sec.  1090.230(b) must keep records of the