construction of appropriate sulfur reduction technology and other
equipment procurements or improvements.
    (B) If financing has been disapproved or is otherwise unsuccessful,
documents supporting the basis for that disapproval and evidence of
efforts to pursue other means of financing.
    (ii) A detailed analysis of the reasons the refinery is unable to
produce gasoline meeting the standards of this subpart O in 2017,
including costs, specification of equipment still needed, potential
equipment suppliers, and efforts already completed to obtain the
necessary equipment.
    (iii) If unavailability of equipment is part of the reason for the
inability to comply, a discussion of other options considered, and the
reasons these other options are not feasible.
    (iv) If relevant, a demonstration that a needed or lower cost
technology is immediately unavailable, but will be available in the
near future, and full information regarding when and from what sources
it will be available.
    (v) Schematic drawings of the refinery configuration as of January
1, 2011, and as of the date of the hardship extension application, and
any planned future additions or changes.
    (vi) If relevant, a demonstration that a temporary unavailability
exists of engineering or construction resources necessary for design or
installation of the needed equipment.
    (vii) A detailed analysis of the reasons the refinery is unable to
use credits to meet the gasoline standards of this subpart O, including
all avenues pursued to generate and/or procure credits, their cost, and
ability to finance them.
    (viii) A discussion of any sulfur reductions that can be achieved
from current levels.
    (ix) The date the refiner anticipates compliance with the standards
in Sec.  80.1603 can be achieved at its refinery.
    (x) An analysis of the economic impact of compliance on the
refiner's business (including financial statements from the last 5
years, or for any time period up to 10 years, at EPA's request).
    (xi) Any other information regarding other strategies considered,
including strategies or components of strategies that do not involve
installation of equipment, and why meeting the standards in Sec.
80.1603 beginning in 2017 (or 2020 for approved small refiners and
small volume refineries) is infeasible.
    (3) Hardship applications under this paragraph (a) must be
submitted to EPA by January 1, 2016 to the address listed in paragraph
(d) of this section.
    (b) Extreme unforeseen circumstances hardship. (1) In appropriate
extreme, unusual, and unforeseen circumstances (for example, natural
disaster or refinery fire) which are clearly outside the control of the
refiner or importer and which could not have been avoided by the
exercise of prudence, diligence, and due care, EPA may permit a refiner
or importer, for a brief period, to distribute gasoline which does not
meet the requirements of this subpart for all the following reasons:
    (i) It is in the public interest to do so (e.g., distribution of
the nonconforming gasoline is necessary to meet projected shortfalls
which cannot otherwise be compensated for).
    (ii) The refiner or importer exercised prudent planning and was not
able to avoid the violation and has taken all reasonable steps to
minimize the extent of the nonconformity.
    (iii) The refiner or importer can show how the requirements for
making compliant gasoline, and/or purchasing credits to partially or
completely offset the nonconformity, will be expeditiously achieved.
    (iv) The refiner or importer agrees to make up any air quality
detriment associated with the nonconforming gasoline, where
practicable.
    (v) The refiner or importer pays to the U.S. Treasury an amount
equal to the economic benefit of the nonconformity minus the amount
expended pursuant to paragraph (b)(1)(iv) of this section, in making up
the air quality detriment.
    (2) The hardship application must meet all other applicable
requirements of this section, except paragraph (a) of this section.
    (c) Applications. (1) The hardship extension application must
contain a letter signed by the president or the chief operating officer
or chief executive officer of the company, or his/her designee, stating
that the information contained in the application is true to the best
of his/her knowledge.
    (2) Hardship applications under this section must be submitted in
writing to the following address: U.S. EPA--Attn: Tier 3 Program
(Hardship Application), 6406J, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460.

Sec. Sec.  80.1626-80.1629  [Reserved]

Sec.  80.1630  Sampling and testing requirements for refiners, gasoline
importers and producers and importers of certified ethanol denaturant.

    (a) Sample and test each batch of gasoline and certified ethanol
denaturant. (1) Refiners and importers shall collect a representative
sample from each batch of gasoline produced or imported and test each
sample to determine its sulfur content for compliance with requirements
under this subpart prior to the gasoline leaving the refinery or import
facility, using the sampling and testing methods provided in this
section or Sec. Sec.  80.8 (sampling) and 80.47 (testing).
    (2) Producers and importers of certified ethanol denaturant shall
collect a representative sample from each batch of certified ethanol
denaturant produced

or imported and test each sample to determine its sulfur content for
compliance with requirements under this subpart prior to the certified
ethanol denaturant leaving the certified ethanol denaturant production
or import facility, using the sampling and testing methods provided in
this section or Sec. Sec.  80.8 (sampling) and 80.47 (testing).
    (3) Except as provided in paragraph (a)(4) of this section, the
requirements of this section apply beginning January 1, 2017 for
gasoline refiners and importers. For producers and importers of
certified ethanol denaturants, the requirements of this section apply
beginning January 1, 2017, or the first date that certified ethanol
denaturant is introduced into commerce, whichever is earlier.
    (4)(i) Beginning January 1, 2017, any refiner who produces gasoline
using computer-controlled in-line blending equipment is exempt from the
requirement of paragraph (a)(1) of this section to obtain the test
results required under paragraph (a)(1) of this section prior to the
gasoline leaving the refinery, provided that the refiner obtains an
exemption from this requirement from EPA. To obtain such exemption, the
refiner must--
    (A) Have been granted an in-line blending exemption under Sec.
80.65(f)(4); or
    (B) If the refiner has not been granted an exemption under Sec.
80.65(f)(4), submit to EPA all of the information required under Sec.
80.65(f)(4)(i)(A). A letter signed by the president, chief operating
officer or chief executive officer of the company, or his/her designee,
stating that the information contained in the submission is true to the
best of his/her belief must accompany any submission under this
paragraph (a)(4)(i)(B).
    (ii) Refiners who seek an exemption under paragraph (a)(4)(i) of
this section must comply with any EPA request for additional
information or any other requirements that EPA includes as part of the
exemption.
    (iii) Within 60 days of EPA's receipt of a submission under
paragraph (a)(4)(i)(B) of this section, EPA will notify the refiner if
the exemption is not approved or of any deficiencies in the refiner's
submission, or if any additional information is required or other
requirements are included in the exemption pursuant to paragraph
(a)(4)(ii) of this section. In the absence of such notification from
EPA, the effective date of an exemption under paragraph (a)(4)(i) of
this section for refiners who do not hold an exemption under Sec.
80.65(f)(4) is 60 days from EPA's receipt of the refiner's submission
under paragraph (a)(4)(i)(B) of this section.
    (iv) EPA reserves the right to modify the requirements of an
exemption under paragraph (a)(4)(i) of this section, in whole or in
part, at any time, if EPA determines that the refiner's operation does
not effectively or adequately control, monitor or document the sulfur
content of the refinery's gasoline production, or if EPA determines
that any other circumstances exist which merit modification of the
requirements of an exemption, such as advancements in the state of the
art for in-line blending measurement which allow for additional control
or more accurate monitoring or documentation of sulfur content. If EPA
finds that a refiner provided false or inaccurate information in any
submission required for an exemption under this section, upon
notification from EPA, the refiner's exemption will be void ab initio.
    (b) Sampling methods. For purposes of paragraph (a) of this
section, refiners, gasoline importers, and producers and importers of
certified ethanol denaturant shall sample each batch of gasoline by
using one of the methods specified in Sec.  80.8. Alternative methods
for sampling batches of certified ethanol denaturant may be used as
approved by the Administrator.
    (c) Test method for measuring sulfur content of gasoline and
certified ethanol denaturant. (1) For purposes of paragraph (a) of this
section, refiners, gasoline importers, and producers and importers of
certified ethanol denaturant shall use the method provided in Sec.
80.47, as applicable, to measure the sulfur content of gasoline or
certified ethanol denaturant they produce or import.
    (2) Sulfur content shall be reported to the nearest ppm.
    (3) Alternative methods for the measurement of the sulfur content
of certified ethanol denaturants may be used as approved by the
Administrator.

Sec.  80.1631  Gasoline, RBOB, and CBOB sample retention requirements.

    (a) Sample retention requirements. Beginning January 1, 2017, or
January 1 of the first year credits are generated under Sec.  80.1615,
whichever is earlier, any refiner or importer shall do all the
following:
    (1) Collect a representative portion of each sample analyzed under
Sec.  80.1630, of at least 330 milliliters in volume.
    (2) Retain sample portions for the most recent 20 samples
collected, or for each sample collected during the most recent 21 day
period, whichever is greater, not to exceed 90 days for any given
sample.
    (3) Comply with the gasoline sample handling and storage procedures
under Sec.  80.1630 for each sample portion retained.
    (4) Comply with any request by EPA to--
    (i) Provide a retained sample portion to the Administrator's
authorized representative; and
    (ii) Ship a retained sample portion to EPA, within two working days
of the date of the request, by an overnight shipping service or
comparable means, to the address and following procedures specified by
EPA, and accompanied with the sulfur test result for the sample
determined under Sec.  80.1630.
    (b) Sample retention requirement for samples subject to independent
analysis requirements. (1) Any refiner or importer who meets the
independent analysis requirements under Sec.  80.65(f) for any batch of
reformulated gasoline or RBOB will have met the requirements of
paragraph (a) of this section, provided the independent laboratory
meets the requirements of paragraph (a) of this section for the
gasoline batch; except that the retained RBOB sample for purposes of
this subpart O must be a sample of the RBOB prior to hand blending with
oxygenate.
    (2) For samples retained by an independent laboratory under this
paragraph (b), the test results required to be submitted under
paragraph (a) of this section shall be the test results determined
under Sec.  80.65(e).
    (c) Sampling compliance certification. Any refiner or importer
shall include with each annual report filed under Sec.  80.1652, the
following statement, which must accurately reflect the facts and must
be signed and dated by the same person who signs the annual report:
    I certify that I have made inquiries that are sufficient to give me
knowledge of the procedures to collect and store gasoline samples, and
I further certify that the procedures meet the requirements of the ASTM
procedures required under 40 CFR 80.1630.
    (d) Requirements for refiners who analyze composited samples. Prior
to January 1, 2017, for purposes of complying with the requirements of
this section, refiners who analyze composited samples under Sec.
80.1630 must retain portions of the composited samples. Portions of
samples of each batch comprising the composited samples are not
required to be retained.
    (e) Requirements for RBOB. For purposes of complying with the
requirements of this section for RBOB, a sample of each RBOB batch
produced must be retained.

Sec. Sec.  80.1632-80.1639  [Reserved]

Sec.  80.1640  Standards and requirements that apply to refiners
producing gasoline by blending blendstocks into previously certified
gasoline (PCG).

    (a) Any refiner who produces gasoline by blending blendstock into
PCG, as defined at Sec.  80.2(d), must meet the requirements of Sec.
80.1630 to sample and test every batch of gasoline as follows:
    (1) Exclude the PCG for purposes of demonstrating compliance with
the sulfur standards of this subpart O.
    (2) To accomplish the exclusion required in paragraph (a)(5) of
this section, the refiner must determine the volume and sulfur content
of the PCG used at the refinery and the volume of and sulfur content of
the gasoline produced at the refinery, and use the compliance
calculation procedures in paragraphs (a)(3) and (4) of this section.
    (3) For each batch of PCG that is used to produce gasoline the
refiner must include the volume and sulfur content of the PCG as a
negative volume and a positive sulfur content in the refiner's
compliance calculations in accord with the requirements at Sec.
80.1603.
    (4) For each batch of gasoline produced at the refinery using PCG
and blendstock, the refiner must determine the volume and sulfur
content of the combined product and include each batch of combined
product for purposes of sulfur compliance in the refinery's compliance
calculations at Sec.  80.1603 without regard to the presence of
previously certified gasoline in the batch.
    (5) The refiner must use any PCG that it includes as a negative
batch in its compliance calculations pursuant to Sec.  80.1603 as a
component in gasoline production during the annual averaging period in
which the PCG was included as a negative batch in the refiner's
compliance calculations.
    (6) The refiner must also comply with Sec.  80.65(i) when producing
RBOB or RFG and Sec.  80.101(g)(9) when producing conventional gasoline
or CBOB.
    (7) Any negative annual average sulfur value shall be reported as
zero and not as a negative result.
    (b) In the alternative, a refiner may sample and test each batch of
blendstock when received at the refinery to determine the volume and
sulfur content, and treat each blendstock receipt as a separate batch
for purposes of compliance calculations for the annual average sulfur
standard and for reporting. This alternative applies only if every
batch of blendstock used at a refinery during an averaging period has a
sulfur content that is equal to, or less than, the applicable per-
gallon cap standard under Sec.  80.1603.
    (c) Refiners who blend only butane into PCG may meet the sampling
and testing requirements of this subpart O for sulfur by using sulfur
test results of the butane supplier, provided that the requirements of
Sec.  80.82 are met.
    (d) Refiners who blend only blender grade pentane into PCG may meet
the sampling and testing requirements of this subpart O for sulfur by
using sulfur test results of the pentane supplier, provided that the
requirements of Sec.  80.85 are met.

Sec.  80.1641  Alternative sulfur standards and requirements that apply
to importers who transport gasoline by truck.

    Importers who import gasoline into the United States by truck may
comply with the following requirements instead of the requirements to
sample and test every batch of gasoline under Sec.  80.1630, and the
annual sulfur average and per-gallon cap standards otherwise applicable
to importers under Sec.  80.1603:
    (a) Alternative standards. The imported gasoline must comply with
the following standards:
    (1) The annual average standard of 10 ppm and the per-gallon
standard of 80 ppm as provided by Sec.  80.1603; or
    (2) A per-gallon standard of 10 ppm.
    (b) Terminal testing. The importer may use test results for sulfur
content testing conducted by the terminal operator, for gasoline
contained in the storage tank from which trucks used to transport
gasoline into the United States are loaded, for purposes of
demonstrating compliance with the standards in paragraph (a) of this
section, provided all the following conditions are met:
    (1) The sampling and testing shall be performed after each receipt
of gasoline into the storage tank, or immediately before each transfer
of gasoline to the importer's truck.
    (2) The sampling and testing shall be performed using the methods
specified in Sec. Sec.  80.8 and 80.47, respectively.
    (3) At the time of each transfer of gasoline to the importer's
truck for import to the United States, the importer must obtain a copy
of the terminal test result that indicates the sulfur content of the
truck load (or each compartment if fuel was loaded from different
storage tanks).
    (c) Quality assurance program. The importer must conduct a quality
assurance program for each truck loading terminal as follows:
    (1) Quality assurance samples must be obtained from the truck-
loading terminal and tested by the importer, or by an independent
laboratory, and the terminal operator must not know in advance when
samples are to be collected.
    (2) The sampling and testing must be performed using the methods
specified in Sec. Sec.  80.8 and 80.47, respectively.
    (3) The quality assurance test results for sulfur must differ from
the terminal test result by no more than the ASTM reproducibility of
the terminal's test results, as determined by the following equation:

R = 105 x ((S + 2)/104) 0.4

Where:

R = ASTM reproducibility.
S = Sulfur content based on the terminal's test result.

    (4) The frequency of the quality assurance sampling and testing
must be at least one sample for each fifty of an importer's trucks that
are loaded at a terminal, or one sample per month, whichever is more
frequent.
    (d) Party required to conduct quality assurance testing. The
quality assurance program under paragraph (c) of this section shall be
conducted by the importer. In the alternative, this testing may be
conducted by an independent laboratory that meets the criteria under
Sec.  80.65(f)(2)(iii), provided the importer receives, no later than
21 days after the sample was taken, copies of all results of tests
conducted.
    (e) Assignment of batch numbers. The importer must treat each
truckload of imported gasoline as a separate batch for purposes of
reporting under Sec.  80.1652 and assigning batch numbers and
maintaining records under Sec.  80.1653.
    (f) EPA inspections of terminals. EPA inspectors or auditors, and
auditors conducting attest engagements under Sec.  80.1667, must be
given full and immediate access to the truck-loading terminal and any
laboratory at which samples of gasoline collected at the terminal are
analyzed, and must be allowed to conduct inspections, review records,
collect gasoline samples, and perform audits. These inspections or
audits may be either announced or unannounced.
    (g) Certified Sulfur-FRGAS. This section does not apply to
Certified Sulfur-FRGAS.
    (h) Reporting requirements. Any importer who elects to comply with
the alternative standards in paragraph (a) of this section shall comply
with all the following requirements:
    (1) All importer recordkeeping and reporting requirements under
Sec. Sec.  80.1652 and 80.1653, except as provided in paragraph (h)(2)
of this section.
    (2) An importer who elects to comply with the alternative standards
in paragraph (a)(2) of this section must certify in the annual report
whether it is in compliance with the applicable

per-gallon batch standard set forth in paragraph (a)(2) of this
section, in lieu of providing the information required by Sec.  80.1652
regarding annual average sulfur content and compliance with the average
standard under Sec.  80.1603.
    (i) Effect of noncompliance. If any of the requirements of this
section are not met, all gasoline imported by the truck importer during
the time any requirements are not met is deemed in violation of the
gasoline sulfur average and per-gallon cap standards in Sec.  80.1603.
Additionally, if any requirement is not met, EPA may notify the
importer of the violation and, if the requirement is not fulfilled
within 10 days of notification, the truck importer may not in the
future use the sampling and testing provisions in this section in lieu
of the provisions in Sec.  80.1630.

Sec.  80.1642  Sampling and testing requirements for producers and
importers of denatured fuel ethanol and other oxygenates for use by
oxygenate blenders.

    Beginning January 1, 2017, producers and importers of denatured
fuel ethanol (DFE) and other oxygenates for use by oxygenate blenders
must satisfy the sampling and testing requirements in this section
prior to the addition of the oxygenate to gasoline or blendstocks for
oxygenate blending.
    (a) Sampling requirements. Producers and importers of oxygenates
for use by oxygenate blenders shall collect a representative sample
from each batch of oxygenate produced or imported prior to the
oxygenate leaving the oxygenate production or import facility, using
the sampling methods specified in Sec.  80.8 or Sec.  80.47.
    (b) Determination of oxygenate sulfur content. Producers and
importers of oxygenates must test each batch of oxygenate they produce
or import to determine its sulfur content to the nearest ppm using a
test method provided in Sec.  80.47, or, with respect to DFE may use
the alternative means of determining the sulfur content contained in
paragraph (c) of this section.
    (c) Alternative means of determining the sulfur content of DFE. As
an alternative to testing each batch of DFE pursuant to the
requirements of paragraph (b) of this section, the sulfur content of
batches of DFE produced using certified denaturant meeting the
requirements of Sec.  80.1611 may be determined as follows:
    (1) The sulfur content of the batch of DFE shall be calculated by
volume weighting the sulfur contribution from the denaturant), and the
neat ethanol used.
    (2) The sulfur content of the neat (un-denatured) ethanol used in
the calculation in paragraph (c)(1) of this section may be assumed to
be negligible or assumed to be some specific value for the purposes of
calculating the sulfur content of the DFE batch provided that the DFE
manufacturer or importer conducts production quality control which
demonstrates that such an assumption is valid. Otherwise, the sulfur
content of the neat ethanol must be determined in accordance with the
test requirements of Sec.  80.1630.
    (3) The sulfur content of the certified denaturant(s) used in the
calculation in paragraph (c)(1) of this section must be consistent with
the PTD(s) obtained from a registered certified ethanol denaturant
producer(s) or importer(s) in accordance with the requirements of Sec.
80.1611. If the PTD from the certified ethanol denaturant states that
the sulfur content is 330 ppm, then the sulfur content of the sulfur
content of the ethanol denaturant must be assumed to be 330 ppm.
    (4) A sample of each batch of DFE must be retained pursuant to the
requirements of Sec.  80.1643.
    (5) The sulfur content of each batch of DFE shall be reported to
the nearest ppm.

Sec.  80.1643  Sample retention requirements for oxygenate producers
and importers.

    (a) Sample retention requirements. Beginning January 1, 2017, any
producer or importer of oxygenate shall do all the following:
    (1) Retain a representative portion of each sample analyzed under
Sec.  80.1642(b), of at least 330 milliliters in volume.
    (2) Retain a representative sample of each batch of DFE for which
the DEF producer or importer used the alternative means of determining
the sulfur contents of the DFE batch pursuant to the requirements of
Sec.  80.1642(c), of at least 330 milliliters in volume.
    (3) Retain sample portions for the most recent 20 samples
collected, or for each sample collected during the most recent 21 day
period, whichever is greater, not to exceed 90 days for any given
sample.
    (4) Comply with the DFE sample handling and storage procedures
under Sec.  80.1642 for each sample portion retained.
    (5) Comply with any request by EPA to--
    (i) Provide a retained sample portion to the Administrator's
authorized representative; and
    (ii) Ship a retained sample portion to EPA, within two working days
of the date of the request, by an overnight shipping service or
comparable means, to the address and following procedures specified by
EPA, and accompanied with the sulfur test result for the sample
determined under Sec.  80.1642 or the calculated sulfur content of the
batch from which the sample was drawn determined pursuant to the
requirements of Sec.  80.1611(e).
    (b) [Reserved]

Sec.  80.1644  Sampling and testing requirements for producers and
importers of certified ethanol denaturant.

    (a) Sample and test each batch of certified ethanol denaturant. (1)
Producers and importers of certified ethanol denaturant shall collect a
representative sample from each batch of certified ethanol denaturant
produced or imported and test each sample to determine its sulfur
content for compliance with requirements under this subpart prior to
the ethanol denaturant leaving the production or import facility, using
the sampling and testing methods provided in this section or Sec. Sec.
80.8 (sampling) and 80.47 (testing).
    (2) The requirements of this section apply beginning January 1,
2017 or on the first day that an ethanol denaturant manufacturer
designates a batch of ethanol denaturant as compliant with the
requirements of Sec.  80.1611, whichever is earlier.
    (b) Determination of certified ethanol denaturant sulfur content.
Producers and importers of certified ethanol denaturant who are
required to test each batch of certified ethanol denaturant they
produce or import to determine its sulfur content pursuant to the
requirements of Sec.  80.1611 shall use the testing methods specified
in paragraph (c) of this section.
    (c) Test method for measuring sulfur content of certified ethanol
denaturant. (1) For purposes of paragraph (b) of this section,
producers and importers of certified ethanol denaturant shall use the
method provided in Sec.  80.47 to measure the sulfur content of
certified ethanol denaturant they produce or import. Alternative test
methods may be used as approved by the Administrator.
    (2) The sulfur content of each batch of ethanol denaturant shall be
reported to the nearest ppm.

Sec.  80.1645  Sample retention requirements for producers and
importers of denaturant designated as suitable for the manufacture of
denatured fuel ethanol meeting federal quality requirements.

    Beginning January 1, 2017, or on the first day that any producer or
importer of ethanol denaturant designates a batch of ethanol denaturant
as suitable for the manufacture of denatured fuel ethanol

meeting federal quality requirements, whichever is earlier, the ethanol
denaturant producer or importer shall do all the following:
    (a) Retain a representative portion of each sample collected under
Sec.  80.1644, of at least 330 milliliters in volume.
    (b) Retain sample portions for the most recent 20 samples
collected, or for each sample collected during the most recent 21 day
period, whichever is greater, not to exceed 90 days for any given
sample.
    (c) Comply with the ethanol denaturant sample handling and storage
procedures under Sec.  80.1644 for each sample portion retained.
    (d) Comply with any request by EPA to--
    (1) Provide a retained sample portion to the Administrator's
authorized representative; and
    (2) Ship a retained sample portion to EPA, within two working days
of the date of the request, by an overnight shipping service or
comparable means, to the address and following procedures specified by
EPA, and accompanied with the sulfur test result for the sample
determined under Sec.  80.1644.

Sec. Sec.  80.1646-80.1649  [Reserved]

Sec.  80.1650  Registration.

    The following registration requirements apply under this subpart:
    (a) Registration. Registration with the EPA Administrator is
required for any--
    (1) Gasoline refiner or importer having any refinery or import
facility subject to the gasoline sulfur standards under this subpart O,
unless already registered as a gasoline refiner or importer under Sec.
80.76 or Sec.  80.103.
    (2) Oxygenate producer or importer having any oxygenate production
facility or import facility subject to the oxygenate sulfur standards
under Sec.  80.1610.
    (3) Oxygenate blender who has any oxygenate blending facility that
blends oxygenate into gasoline, RBOB, or CBOB where the resulting
gasoline is subject to the gasoline sulfur standards under this subpart
O, unless already registered as an oxygenate blender under Sec.  80.76.
    (4) Producer or importer of certified.
    (b) Registration dates. (1) Any gasoline refiner or importer
required to register shall do so by December 1, 2016, or at least 30
days in advance of the first date that such person will produce or
import reformulated gasoline, conventional gasoline, RBOB, or CBOB,
whichever is earlier. If a previously unregistered refiner or importer
intends to generate credits prior to January 1, 2017 (pursuant to Sec.
80.1615), registration must occur at least 90 days prior to submitting
an annual compliance report demonstrating credit generation.
    (2) Any oxygenate producer or importer required to register shall
do so by November 1, 2016, or at least 60 days in advance of the first
date that such person will produce or import oxygenate, whichever is
earlier.
    (3) Any oxygenate blender required to register shall do so by
November 1, 2016, or at least 90 days in advance of the first date that
such person will blend oxygenate into RBOB, whichever is earlier.
    (4) Any ethanol denaturant producer or importer required to
register shall do so by November 1, 2016, or at least 60 days in
advance of the first date that such person will produce or import
ethanol denaturant, whichever is earlier.
    (c) Refiner registration. (1) Registration shall be on forms and
use procedures prescribed by the Administrator, and shall include all
the following information:
    (i) The name, business address, contact name, email address, and
telephone number of the refiner.
    (ii) For each separate refinery, the facility name, physical
location, contact name, email address, telephone number, and type of
facility.
    (iii) For each separate refinery--
    (A) Whether records are kept on-site or off-site of the refinery.
    (B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, email address, and
telephone number.
    (iv) For each separate refinery that produces reformulated gasoline
and/or RBOB, the name, address, contact name, email address, and
telephone number of the independent laboratory used to meet the
independent analysis requirements of Sec.  80.65(f).
    (2) EPA will supply a company registration number to each refiner,
and a facility registration number for each refinery that is
identified. These registration numbers shall be used in all reports to
the Administrator.
    (3)(i) Any refiner shall submit updated registration information to
the Administrator within thirty days of any occasion when the
registration information previously supplied becomes incomplete or
inaccurate; except that
    (ii) EPA must be notified in writing of any change in designated
independent laboratory under paragraph (a)(1)(iv) of this section at
least thirty days in advance of such change.
    (d) Gasoline importer registration. (1) Registration shall be on
forms and use procedures prescribed by the Administrator, and shall
include all the following information:
    (i) The name, business address, contact name, email address, and
telephone number of the importer.
    (ii) For each importer's operations in a single PADD:
    (A) Whether records are kept on-site at the registered address or
off-site.
    (B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, email address, and
telephone number.
    (C) For importers that import reformulated gasoline and/or RBOB,
the name, address, contact name and telephone number of the independent
laboratory used to meet the independent analysis requirements of Sec.
80.65(f).
    (2) EPA will supply a company registration number to each importer.
This registration number shall be used in all reports to the
Administrator.
    (3)(i) Any importer shall submit updated registration information
to the Administrator within thirty days of any occasion when the
registration information previously supplied becomes incomplete or
inaccurate; except that
    (ii) EPA must be notified in writing of any change in designated
independent laboratory under paragraph (d)(1)(ii)(C) of this section at
least thirty days in advance of such change.
    (e) Oxygenate producer registration. (1) Registration shall be on
forms and use procedures prescribed by the Administrator, and shall
include all the following information:
    (i) The name, business address, contact name, email address, and
telephone number of the oxygenate producer.
    (ii) For each separate oxygenate production facility, the facility
name, physical location, contact name, telephone number, and type of
facility.
    (iii) For each separate oxygenate production facility--
    (A) Whether records are kept on-site or off-site of the refinery.
    (B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, and telephone number.
    (iv) The type and chemical composition of the oxygenate.
    (2) EPA will supply a company registration number to each oxygenate
producer, and a facility registration number for each oxygenate
production facility that is identified. These registration numbers or
those provided under Sec.  80.1450 shall be used in all reports to the
Administrator.
    (3) Any oxygenate producer shall submit updated registration
information to the Administrator within thirty days

of any occasion when the registration information previously supplied
becomes incomplete or inaccurate.
    (f) Oxygenate importer registration. (1) Registration shall be on
forms and use procedures prescribed by the Administrator, and shall
include all the following information:
    (i) The name, business address, contact name, and email address,
telephone number of the importer.
    (ii) For each importer's operations in a single PADD--
    (A) Whether records are kept on-site at the registered address or
off-site.
    (B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, email address, and
telephone number.
    (iii) The type and chemical composition of the oxygenate.
    (2) EPA will supply a company registration number to each importer.
This registration number shall be used in all reports to the
Administrator.
    (g) Oxygenate blender registration. (1) Registration shall be on
forms and use procedures prescribed by the Administrator, and shall
include all the following information:
    (i) The name, business address, contact name, and email address,
telephone number of the oxygenate blender.
    (ii) For each separate oxygenate blending facility, the facility
name, physical location, contact name, telephone number, and type of
facility.
    (iii) For each separate oxygenate blending facility--
    (A) Whether records are kept on-site or off-site of the refinery.
    (B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, email address, and
telephone number.
    (iv) The type and chemical composition of the oxygenate.
    (2) EPA will supply a company registration number to each oxygenate
blender, and a facility registration number for each oxygenate blending
facility that is identified. These registration numbers or those
provided under Sec.  80.1450 shall be used in all reports to the
Administrator.
    (3) Any oxygenate producer shall submit updated registration
information to the Administrator within thirty days of any occasion
when the registration information previously supplied becomes
incomplete or inaccurate.
    (h) Certified ethanol denaturant producer registration. (1)
Registration shall be on forms and use procedures prescribed by the
Administrator, and shall include all the following information:
    (i) The name, business address, contact name, email address, and
telephone number of the ethanol denaturant producer.
    (ii) For each separate ethanol denaturant production facility, the
facility name, physical location, contact name, telephone number, and
type of facility.
    (iii) For each separate ethanol denaturant production facility--
    (A) Whether records are kept on-site or off-site of the ethanol
denaturant production facility.
    (B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, and telephone number.
    (2) EPA will supply a company registration number to each ethanol
denaturant producer, and a facility registration number for each
ethanol denaturant production facility that is identified. These
registration numbers or those provided under Sec.  80.1450 shall be
used in all reports to the Administrator.
    (3) Any ethanol denaturant producer shall submit updated
registration information to the Administrator within thirty days of any
occasion when the registration information previously supplied becomes
incomplete or inaccurate.
    (i) Ethanol denaturant importer registration. (1) Registration
shall be on forms and use procedures prescribed by the Administrator,
and shall include all the following information:
    (i) The name, business address, contact name, and email address,
telephone number of the importer.
    (ii) For each importer's operations in a single PADD--
    (A) Whether records are kept on-site at the registered address or
off-site.
    (B) If records are kept off-site, the primary off-site storage
facility name, physical location, contact name, email address, and
telephone number.
    (2) EPA will supply a company registration number to each importer.
This registration number shall be used in all reports to the
Administrator.

Sec.  80.1651  Product transfer document requirements.

    (a) Gasoline, RBOB, CBOB, and oxygenates. In addition to any other
product transfer document requirements under this part 80, on each
occasion that any person transfers custody or title to any gasoline,
RBOB, CBOB, or oxygenate other than when gasoline is sold or dispensed
for use in motor vehicles at a retail outlet or wholesale purchaser-
consumer facility, the transferor shall provide to the transferee
documents which include all the following information:
    (1) The name and address of the transferor.
    (2) The name and address of the transferee.
    (3) The volume of gasoline, RBOB, CBOB, or oxygenate which is being
transferred.
    (4) The location of the gasoline, RBOB, CBOB, or oxygenate at the
time of the transfer.
    (5) The date of the transfer.
    (b) Gasoline for export or with an exemption and California
gasoline. In addition to any other product transfer document
requirements under this part 80, on each occasion when any person
transfers custody or title to any gasoline for export or with an
exemption under Sec. Sec.  80.1654, 80.1655, 80.1656, or 80.1658, any
of the following statements must be included on the product transfer
document:
    (1) For gasoline with a national security exemption under Sec.
80.1655, ``This gasoline is for use in vehicles, engines, or equipment
under an EPA-approved national security exemption only.''
    (2) For gasoline with a research, development, or testing exemption
under Sec.  80.1656, ``This gasoline is for research, development, or
testing purposes only.''
    (3) For gasoline for use in American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands under Sec.  80.1658,
``This is gasoline for use only in Guam, American Samoa, or the
Northern Mariana Islands.''
    (4) For gasoline for export purposes, ``This gasoline is for export
only.''
    (5) For gasoline for racing purposes, ``This gasoline is for racing
purposes only.''
    (6) For California gasoline, pursuant to Sec.  80.1654,
``California gasoline''.
    (c) Gasoline additive. On each occasion when any person transfers
custody or title to any gasoline additive intended to be used at less
than 1 volume percent, other than when the gasoline additive is sold or
dispensed for use in motor vehicles at a retail outlet or wholesale
purchaser-consumer facility, the transferor shall provide to the
transferee documents which include information on the maximum
recommended treatment level.
    (d) Ethanol denaturant. On each occasion when any person transfers
custody or title to any ethanol denaturant designated as suitable for
use in the manufacture of denatured fuel ethanol meeting federal
quality requirements pursuant to Sec.  80.1611, the transferor shall
provide to the transferee documents which include all the following
information:
    (1) The name and address of the transferor.

    (2) The name and address of the transferee.
    (3) The volume of ethanol denaturant which is being transferred.
    (4) The location of the ethanol denaturant at the time of the
transfer.
    (5) The date of the transfer.
    (6) A statement identifying the batch as ``Ethanol denaturant
suitable for the manufacture of denatured fuel ethanol meeting federal
quality requirements'', or anther identifying statement as approved by
EPA consistent with the requirements of Sec.  80.1611.
    (7) Information on the sulfur content of the ethanol denaturant, as
applicable, pursuant to the requirements of Sec.  80.1611.
    (e) Oxygenate. On each occasion when any person transfers custody
or title to any oxygenate, the transferor shall provide to the
transferee documents which include all the following information:
    (1) The name and address of the transferor.
    (2) The name and address of the transferee.
    (3) The volume of oxygenate which is being transferred.
    (4) The location of the oxygenate at the time of the transfer.
    (5) The date of the transfer.
    (6) For denatured fuel ethanol, a statement identifying the batch
as ``Denatured fuel ethanol, maximum 10 ppm sulfur''.
    (7) For oxygenates other than DFE, the name of the specific
oxygenate must be identified on the PTD, followed by ``maximum 10 ppm
sulfur''.
    (8) Alternative PTD language to that specified in paragraphs (e)(6)
and (7) of this section may be used as approved by EPA consistent with
the requirements of Sec.  80.1610.

Sec.  80.1652  Reporting requirements for gasoline refiners, gasoline
importers, oxygenate producers, and oxygenate importers.

    Beginning with the 2017 averaging period or the first year credits
are generated under Sec.  80.1615 (whichever is earlier), and
continuing for each averaging period thereafter, any gasoline refiner
or importer shall submit to EPA annual reports that contain the
information required in this section, and any other information as EPA
may require. Beginning with the 2017 calendar year and continuing each
calendar year thereafter, any oxygenate producer or importer shall
submit to EPA annual reports that contain the information required in
this section, and any other information as EPA may require. Reporting
shall be on forms and use procedures prescribed by the Administrator.
    (a) Gasoline refiner and importer annual reports. Any refiner, for
each of its refineries, and any importer for the gasoline it imports,
shall submit a report for each calendar year averaging period that
includes all the following information:
    (1) The EPA importer, or refiner and refinery facility registration
numbers.
    (2) The average standard under Sec.  80.1603, reported to two
decimal places.
    (3) The total volume of gasoline produced or imported, reported to
the nearest whole number.
    (4) The annual average sulfur level of the gasoline produced or
imported, reported to two decimal places.
    (5) The annual average sulfur level after inclusion of any credits,
reported to two decimal places.
    (6) Separately provided information for credits, and separately by
year of creation, as follows:
    (i) The number of credits at the beginning of the averaging period,
reported to the nearest whole number.
    (ii) The number of credits generated, reported to the nearest whole
number.
    (iii) The number of credits used, reported to the nearest whole
number.
    (iv) If any credits were obtained from or transferred to other
parties; and for each other party, its name and EPA refiner or importer
registration number, and the number of credits obtained from or
transferred to the other party.
    (v) The number of credits that expired at the end of the averaging
period, reported to the nearest whole number.
    (vi) The number of credits that will carry over into the subsequent
averaging period, reported to the nearest whole number.
    (7) For each batch of gasoline produced or imported during the
averaging period, all the following:
    (i) The batch number assigned under Sec.  80.65(d)(3); except that
if composite samples of conventional gasoline representing multiple
batches produced subsequent to December 31, 2003, are tested under
Sec.  80.101(i)(2) for anti-dumping compliance purposes, for purposes
of this subpart a separate batch number must be assigned to each batch
using the batch numbering procedures under Sec.  80.65(d)(3).
    (ii) The date the batch was produced.
    (iii) The volume of the batch, reported to the nearest whole
number.
    (iv) The sulfur content of the batch, reported to two decimal
places, along with identification of the test method used to determine
the sulfur content of the batch, as determined under Sec.  80.1630.
    (8) All values measured or calculated pursuant to the requirements
of this paragraph (a) shall be in accordance with the rounding
procedure specified in Sec.  80.9.
    (9) When submitting reports under this paragraph (a) from January
1, 2017 through December 31, 2019, any importer shall exclude Certified
Sulfur-FRGAS.
    (b) Additional reporting requirements for gasoline importers. From
January 1, 2017 through December 31, 2019, importers shall report all
the following information for Sulfur-FRGAS imported during an annual
averaging period:
    (1) The EPA refiner and refinery registration numbers of each
foreign refiner and refinery where the Certified Sulfur-FRGAS was
produced.
    (2) The total gallons of Certified Sulfur-FRGAS and Non-Certified
Sulfur-FRGAS imported from each foreign refiner and refinery, reported
to one decimal place.
    (c) Oxygenate refiner and importer annual reports. Any oxygenate
producer, for each of its production facilities, and any importer for
the oxygenate it imports, shall submit a report for each calendar year
period that includes all the following information:
    (1) The EPA oxygenate importer, or producer and producer facility
registration numbers.
    (2) The total volume of oxygenate produced or imported, reported to
the nearest whole number.
    (3) For each batch of oxygenate produced or imported during the
calendar year, all the following:
    (i) The batch number assigned under Sec.  80.1610(d).
    (ii) The date the batch was produced.
    (iii) The volume of the batch, reported to the nearest whole
number.
    (iv) The sulfur content of the batch, reported to two decimal
places.
    (v) For oxygenates other than denatured fuel ethanol, the
identification of the test method used to determine the sulfur content
of the batch pursuant to the requirements of Sec.  80.1642(c).
    (vi) For denatured fuel ethanol, either the identification of the
test method used to determine the sulfur content of the batch (pursuant
to Sec.  80.1642), or the information used to calculate the sulfur
content pursuant to the requirements of Sec.  80.1642(c).
    (4) All values measured or calculated pursuant to the requirements
of this paragraph (c) shall be in accordance with the rounding
procedure specified in Sec.  80.9.
    (d) Report submission. Any annual report required under this
section shall be--
    (1) Signed and certified as meeting all of the applicable
requirements of this

subpart by the owner or a responsible corporate officer of the refiner,
gasoline importer, oxygenate producer, oxygenate importer, denaturant
producer, or denaturant importer; and
    (2) Submitted to EPA no later than the March 31 each year for the
prior calendar year.
    (e) Attest reports. Attest reports for refiner and importer attest
engagements required under Sec.  80.1667 shall be submitted to the
Administrator by June 1 of each year for the prior calendar year.

Sec.  80.1653  Recordkeeping.

    Unless otherwise provided for in this section, the records required
by this section shall be retained for a period of five years from the
date of creation, and shall be delivered to the Administrator of EPA or
to the Administrator's authorized representative upon request.
    (a) Records that must be kept by gasoline refiners, importers, and
parties in the gasoline distribution system. Beginning January 1, 2017
or January 1 of the first year that credits are generated (whichever is
earlier), any person who produces, imports, sells, offers for sale,
dispenses, distributes, supplies, offers for supply, stores, or
transports gasoline, shall keep records containing the information as
required in this section.
    (1) The product transfer document information required under Sec.
80.1651.
    (2) All the following information for any sampling and testing for
sulfur content required under this subpart O:
    (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 under paragraph (a)(2)(iii) of
this section.
    (v) The test methodology used.
    (b) Additional records that refiners and importers must keep.
Beginning January 1, 2014, or January 1 of the first year credits are
generated under Sec.  80.1615, whichever is earlier, any refiner for
each of its refineries and any importer for the gasoline it imports,
shall keep records that include all the following information:
    (1) For each batch of gasoline produced or imported--
    (i) The batch volume.
    (ii) The batch number assigned under Sec.  80.65(d)(3) and the
appropriate designation under paragraph (b)(1)(iv) of this section;
except that for composite samples of conventional gasoline representing
multiple batches, that are tested under Sec.  80.101(i)(2) for purposes
of this subpart, a separate batch number must be assigned to each batch
using the batch numbering procedures under Sec.  80.65(d)(3).
    (iii) The date of production or importation.
    (iv) If appropriate, the designation of the batch as California
gasoline under Sec.  80.1654, exempt gasoline for national security
purposes under Sec.  80.1655, exempt gasoline for research and
development under Sec.  80.1656, or for export outside the United
States.
    (v) The test methodology used.
    (2) Information regarding credits, separately kept according to the
year of creation; and for credit generation or use starting in 2014.
The following information shall be kept separately for each type of
credit generated under Sec.  80.1615:
    (i) The number of credits in the refiner's or importer's possession
at the beginning of the averaging period.
    (ii) The number of credits generated.
    (iii) The number of credits used.
    (iv) If any credits were obtained from or transferred to other
parties, all the following for each other party:
    (A) The party's name.
    (B) The party's EPA refiner or importer registration number.
    (C) The number of credits obtained from, or transferred to, the
party.
    (v) The number of credits that expired at the end of the averaging
period.
    (vi) The number of credits in the refiner's or importer's
possession that will carry over into the subsequent averaging period.
    (vii) Contracts or other commercial documents that establish each
transfer of credits from the transferor to the transferee.
    (3) The calculations used to determine compliance with the
applicable sulfur average standards of Sec.  80.1603 or Sec.  80.1604.
    (4) The calculations used to determine the number of credits
generated under Sec.  80.1615.
    (5) A copy of all reports submitted to EPA under Sec.  80.1652.
    (6) In the case of parties who process transmix, records of any
sampling and testing required under Sec.  80.1607.
    (c) Additional records gasoline importers must keep. Any importer
shall keep records that identify and verify the source of each batch of
certified Sulfur-FRGAS and non-certified Sulfur-FRGAS imported and
demonstrate compliance with the requirements for importers under Sec.
80.1666.
    (d) Records that producers and importers of denatured fuel ethanol
and other oxygenates must keep. Beginning January 1, 2017 or the first
date when DFE is introduced into commerce that is represented on the
product transfer document as meeting the standards in Sec.  80.1610
(whichever is earlier), records of all the following must be kept for
each batch of oxygenate produced or imported by oxygenate producers and
importers:
    (1) The date the batch was produced.
    (2) The batch number.
    (3) The batch volume.
    (4) The product transfer document for the batch.
    (5) The sulfur content of the batch as determined pursuant to the
requirements of Sec.  80.1642.
    (6) The following records shall be kept if the sulfur content of
the batch was determined by analytical testing:
    (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 under paragraph (d)(5)(iii) of
this section.
    (v) The test methodology used.
    (7) For denatured fuel ethanol, the following records shall be kept
if the sulfur content of the batch was determined by the alternative
means of demonstrating compliance with the sulfur requirements pursuant
to the requirements of Sec.  80.1642(c):
    (i) The name and title of the person who calculated the sulfur
content of the batch.
    (ii) The date the calculation was performed.
    (iii) The calculated sulfur content.
    (iv) The sulfur content of the neat (un-denatured) ethanol.
    (v) The date each batch of neat ethanol was produced.
    (vi) The neat ethanol batch number.
    (vii) The neat ethanol batch volume.
    (viii) As applicable, the neat ethanol production quality control
records, or the test results on the neat ethanol including--
    (A) The location, date, time, and storage tank or truck
identification for each sample collected.

    (B) The name and title of the person who collected the sample and
the person who performed the test.
    (C) 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.
    (D) Any record that contains a test result for the sample that is
not identical to the result recorded under paragraph (d)(7)(v) of this
section.
    (E) The test methodology used.
    (v) The sulfur content of the denaturant(s) used, and the volume
percent at which the denaturant(s) were added to neat (un-denatured)
ethanol to produce denatured fuel ethanol.
    (vi) The product transfer documents for the denaturants used.
    (e) Records that parties who take custody of oxygenates in the
oxygenate distribution system must keep. Beginning January 1, 2017 or
the first date when a party takes custody of oxygenate that is
represented on the product transfer document as meeting the standards
in Sec.  80.1610 (whichever is earlier), all parties that take custody
of oxygenate--from the oxygenate producer through to the oxygenate
blender--must keep a copy of the product transfer document for each
batch of oxygenate.
    (f) Records that must be kept by producers and importers of ethanol
denaturant designated as suitable for use in the manufacturer of
denatured fuel ethanol meeting federal quality requirements. Beginning
January 1, 2017 or the first date when a producer or importer of
ethanol denaturant designated as suitable for use in the manufacturer
of denatured fuel ethanol meeting federal quality requirements pursuant
to the requirements of Sec.  80.1611 introduces such denaturant into
commerce, records of all the following must be kept for each batch of
such denaturant produced or imported:
    (1) The date each batch was produced.
    (2) The batch number.
    (3) The batch volume.
    (4) The product transfer document for the batch.
    (5) The sulfur content of the batch.
    (6) The location, date, time, and storage tank or truck
identification for each sample collected.
    (7) The name and title of the person who collected the sample and
the person who performed the test.
    (8) 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.
    (9) Any record that contains a test result for the sample that is
not identical to the result recorded under paragraph (f)(5) of this
section.
    (10) The test methodology used.
    (g) Records that parties who take custody of ethanol denaturants
designated as suitable for use in the manufacturer of denatured fuel
ethanol meeting federal quality requirements. Beginning January 1,
2017, all parties that take custody of denaturants designated as
suitable for use in the manufacture of DFE pursuant to Sec.  80.1611
must keep the following records:
    (1) The product transfer document for the denaturant.
    (2) As applicable, the volume percent at which the denaturant was
added to neat ethanol.
    (h) Records that producers and importers of gasoline additives as
defined in 40 CFR 79.2(f) must keep. Beginning January 1, 2017
producers and importers of gasoline additives must keep the following
records:
    (1) The date the batch was produced.
    (2) The volume of the batch.
    (3) The product transfer document for the batch.
    (4) The maximum recommended treatment rate.
    (5) Records of the additive manufacturer's control practices which
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.
    (i) Records that parties who take custody of gasoline additives in
the gasoline additive distribution system must keep. Beginning January
1, 2017, 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 the following records; these
requirements of do not apply for gasoline additives packaged for
addition to gasoline in the vehicle fuel tank:
    (1) The product transfer document for each batch of gasoline
additive.
    (2) As applicable, the treatment at which the additive was added to
gasoline.
    (3) As applicable, the volume of gasoline that was treated with the
additive. A new record shall be initiated in cases where a new batch of
additives is mixed into a storage tank from which the additive is drawn
to be injected into gasoline.
    (j) Records regarding credits. The records required under this
subpart O shall be kept for five years from the date they were created;
except in the following cases:
    (1) Transfers of credits. Except as provided in paragraph (f)(2) of
this section, records relating to credit transfers shall be kept by the
transferor for five years from the date the credits are transferred;
and shall be kept by the transferee for five years from the date the
credits were transferred, used, or terminated, whichever is later.
    (2) Credits generated prior to January 1, 2017. (i) Where the party
generating the credits does not transfer the credits, records must be
kept for five years from the date of creation, use, or termination,
whichever is later.
    (ii) When credits generated prior to January 1, 2017 are
transferred, records relating to such credits shall be kept by the
transferor for five years from the date the credits are transferred;
and shall be kept by the transferee for five years from the date the
credits were transferred, used, or terminated, whichever is later.
    (k) Make records available to EPA. On request by EPA, the records
required in this section shall be provided to the Administrator's
authorized representative. For records that are electronically
generated or maintained, the equipment and software necessary to read
the records shall be made available; or, if requested by EPA,
electronic records shall be converted to paper documents which shall be
provided to the Administrator's authorized representative.

Sec.  80.1654  California gasoline requirements.

    (a) California gasoline exemption. California gasoline that
complies with all the requirements of this section is exempt from all
other provisions of this subpart O.
    (b) Requirements for California gasoline. (1) Each batch of
California gasoline must be designated as such by its refiner or
importer.
    (2) Designated California gasoline must be kept segregated from
gasoline that is not California gasoline, at all points in the
distribution system.
    (3) Designated California gasoline must ultimately be used in the
State of California and not used elsewhere.
    (4) For California gasoline produced outside the State of
California, the transferors and transferees must meet the product
transfer document requirements of paragraph (b)(5) of this section.
    (5)(i) Any refiner that operates a refinery located outside the
State of California at which California gasoline (as defined in Sec.
80.1600) is produced must provide to any person to whom custody or
title of such gasoline has transferred, and each transferee must
provide to any subsequent transferee,

documents which include all the following information:
    (A) The name and address of the transferor.
    (B) The name and address of the transferee.
    (C) The volume of gasoline which is being transferred.
    (D) The location of the gasoline at the time of the transfer.
    (E) The date and time of the transfer.
    (F) The identification of the gasoline as California gasoline.
    (ii) Each refiner and transferee of California gasoline must
maintain copies of the product transfer documents required to be
provided by paragraph (b)(5)(i) of this section for a period of five
years from the date of creation and shall deliver such documents to the
Administrator or to the Administrator's authorized representative upon
request.
    (6) Gasoline that is ultimately used in any part of the United
States outside of the State of California must comply with the
standards and requirements of this subpart, regardless of any
designation as California gasoline.
    (c) Use of California test methods and offsite sampling procedures.
In the case of any gasoline that is not California gasoline and that is
either produced at a refinery located in the State of California or is
imported from outside the United States into the State of California,
the refiner or importer may, with regard to such gasoline--
    (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 under Sec.  80.1630; and
    (2) Determine the sulfur content of gasoline at offsite tankage
(which would otherwise be prohibited under Sec.  80.65(e)(1)). Note
that the requirements of Sec.  80.65(e)(1), regarding when the
properties of a batch of reformulated gasoline must be determined,
specify that the properties of a batch of gasoline be determined prior
to the gasoline leaving the refinery or import facility; however, under
this section, a refiner of California gasoline may determine the
properties of gasoline as specified under Sec.  80.65(e)(1) at offsite
tankage provided that--
    (i) The samples are properly collected under the terms of a current
and valid protocol agreement between the refiner and the California Air
Resources Board with regard to sampling at the offsite tankage and
consistent with the requirements prescribed in Title 13, California
Code of Regulations, section 2250 et seq. (May 1, 2003); and
    (ii) The refiner provides a copy of the protocol agreement to EPA
upon request.

Sec.  80.1655  National security exemption.

    (a) The standards of Sec.  80.1603 do not apply to gasoline that is
produced, imported, sold, offered for sale, supplied, offered for
supply, stored, dispensed, or transported for use in any of the
following:
    (1) Tactical military vehicles, engines, or equipment having an EPA
national security exemption from the gasoline emission standards under
40 CFR part 86.
    (2) Tactical military vehicles, engines, or equipment that are not
subject to a national security exemption from vehicle or engine
emissions standards as described in paragraph (a)(1) of this section
but, for national security purposes (for purposes of readiness for
deployment overseas), need to be fueled on the same gasoline as the
vehicles, engines, or equipment for which EPA has granted such a
national security exemption.
    (b) The exempt fuel must meet all the following conditions:
    (1) It must be accompanied by product transfer documents as
required under Sec.  80.1651.
    (2) It must be segregated from non-exempt gasoline at all points in
the distribution system.
    (3) It must be dispensed from a fuel pump stand, fueling truck, or
tank that is labeled with the appropriate designation of the fuel.
    (4) It may not be used in any vehicles, engines, or equipment other
than those referred to in paragraph (a) of this section.
    (c) Any national security exemptions approved under subpart H of
this part will remain in place under this subpart O.

Sec.  80.1656  Exemptions for gasoline used for research, development,
or testing purposes.

    (a) Written request for a research and development exemption. Any
person may receive an exemption from the provisions of this subpart for
gasoline used for research, development, or testing (``R&D'') purposes
by submitting the information listed in paragraph (c) of this section
to EPA. Applications for R&D exemptions must be submitted to the
address in paragraph (h) of this section.
    (b) Criteria for a research and development exemption. For a
research and development exemption to be granted, the person requesting
an exemption must do all the following:
    (1) Demonstrate a purpose that constitutes an appropriate basis for
exemption.
    (2) Demonstrate that an exemption is necessary.
    (3) Design a research and development program that is reasonable in
scope.
    (4) Have a degree of control consistent with the purpose of the
program and EPA's monitoring requirements.
    (c) Information required to be submitted. To demonstrate each of
the elements in paragraph (b) of this section, the person requesting an
exemption must include all the following information:
    (1) A concise statement of the purpose of the program demonstrating
that the program has an appropriate research and development purpose.
    (2) An explanation of why the stated purpose of the program cannot
be achieved in a practicable manner without performing one or more of
the prohibited acts under this subpart O.
    (3) All the following, to demonstrate the reasonableness of the
scope of the program:
    (i) An estimate of the program's beginning and ending dates.
    (ii) An estimate of the maximum number of vehicles or engines
involved in the program and the number of miles and engine hours that
will be accumulated on each.
    (iii) The sulfur content of the gasoline expected to be used in the
program.
    (iv) The quantity of gasoline which does not comply with the
requirements of Sec.  80.1603.
    (v) The manner in which the information on vehicles and engines
used in the program will be recorded and made available to the
Administrator upon request.
    (4) With regard to control, a demonstration that the program
affords EPA a monitoring capability, including all the following:
    (i) A description of the technical and operational aspects of the
program.
    (ii) The site(s) of the program (including facility name, street
address, city, county, state, and zip code).
    (iii) The manner in which information on the fuel used in the
program (including quantity, fuel properties, name, address, telephone
number and contact person of the supplier, and the date received from
the supplier), will be recorded and made available to the Administrator
upon request.
    (iv) The manner in which the party will ensure that the research
and development fuel will be segregated from gasoline meeting the
standards of this subpart and how fuel pumps will be labeled to ensure
proper use of the research and development fuel.

    (v) The name, address, telephone number, and title of the person(s)
in the organization requesting an exemption from whom further
information on the application may be obtained.
    (vi) The name, address, telephone number, and title of the
person(s) in the organization requesting an exemption who is
responsible for recording and making available the information
specified in this paragraph (c), and the location where such
information will be maintained.
    (d) Additional requirements. (1) The product transfer documents
associated with research and development gasoline must comply with
requirements of Sec.  80.1651(c).
    (2) The research and development gasoline must be designated by the
refiner or supplier, as applicable, as exempt research and development
gasoline.
    (3) The research and development gasoline must be kept segregated
from non-exempt gasoline at all points in the distribution system.
    (4) The research and development gasoline must not be sold,
distributed, offered for sale or distribution, dispensed, supplied,
offered for supply, transported to or from, or stored by a fuel retail
outlet, or by a wholesale purchaser-consumer facility, unless the
wholesale purchaser-consumer facility is associated with the research
and development program that uses the gasoline.
    (5) At the completion of the program, any emission control systems
or elements of design which are damaged or rendered inoperative shall
be replaced on vehicles remaining in service, or the responsible person
will be liable for a violation of the Clean Air Act section 203(a)(3)
(42 U.S.C. 7522(a)(3)) unless sufficient evidence is supplied that the
emission controls or elements of design were not damaged.
    (e) Memorandum of exemption. The Administrator will grant an R&D
exemption upon a demonstration that the requirements of this section
have been met. The R&D exemption will be granted in the form of a
memorandum of exemption signed by the applicant and the Administrator
(or delegate), which may include such terms and conditions as the
Administrator determines necessary to monitor the exemption and to
carry out the purposes of this section, including restoration of
emission control systems.
    (1) The volume of fuel subject to the approval shall not exceed the
estimated amount under paragraph (c)(3) of this section, unless EPA
grants a greater amount in writing.
    (2) Any exemption granted under this section will expire at the
completion of the test program or three years from the date of
approval, whichever occurs first, and may only be extended upon re-
application consistent will all requirements of this section.
    (3) EPA may elect at any time to review the information contained
in the request, and where appropriate may notify the responsible person
of disapproval of the exemption.
    (4) In granting an exemption the Administrator may include terms
and conditions, including replacement of emission control devices or
elements of design, that the Administrator determines are necessary for
monitoring the exemption and for assuring that the purposes of this
subpart are met.
    (5) Any violation of a term or condition of the exemption, or of
any requirement of this section, will cause the exemption to be void ab
initio.
    (6) If any information required under paragraph (c) of this section
should change 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 subpart O.
    (f) Effects of exemption. Gasoline that is subject to a research
and development exemption under this section is exempt from other
provisions of this subpart O provided that the fuel is used in a manner
that complies with the purpose of the program under paragraph (c) of
this section and all other requirements of this section.
    (g) Notification of completion. The party shall notify EPA in
writing within 30 days after completion of the research and development
program.
    (h) Submission. Requests for research and development exemptions
shall be sent to the following address: U.S. EPA--Attn: Tier 3 Program
(R&D Exemption Request), 6406J, 1200 Pennsylvania Avenue NW.,
Washington, DC 20460.

Sec.  80.1657  [Reserved]

Sec.  80.1658  Requirements for gasoline for use in American Samoa,
Guam, and the Commonwealth of the Northern Mariana Islands.

    The gasoline sulfur standards of this subpart O do not apply to
gasoline 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, provided that such gasoline meets all the following
requirements:
    (a) The gasoline is designated by the refiner or importer as high
sulfur gasoline only for use in Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands.
    (b) The gasoline is used only in Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands.
    (c) The gasoline is accompanied by documentation that complies with
the product transfer document requirements of Sec.  80.1651(c)(3).
    (d) The gasoline is segregated from non-exempt high sulfur gasoline
at all points in the distribution system from the point the fuel is
designated as gasoline only for use in Guam, American Samoa, or the
Commonwealth of the Northern Mariana Islands, while the fuel is in the
United States but outside these Territories.

Sec.  80.1659  [Reserved]

Sec.  80.1660  Prohibited acts.

    No person shall--
    (a) Averaging violation. Produce or import gasoline that does not
comply with the applicable sulfur average standard under Sec.  80.1603.
    (b) Cap standard violation. Produce, import, sell, offer for sale,
dispense, supply, offer for supply, store or transport gasoline,
oxygenate, or ethanol denaturant that does not comply with the
applicable sulfur cap standards under Sec.  80.1603, Sec.  80.1604,
Sec.  80.1610, or Sec.  80.1611.
    (c) Causing violating gasoline, oxygenate, or ethanol denaturant to
be in the distribution system. Cause gasoline, oxygenate, or ethanol
denaturant to be in the distribution system which does not comply with
an applicable sulfur cap standard under Sec.  80.1603, Sec.  80.1604,
Sec.  80.1610, or Sec.  80.1611.
    (d) Oxygenate violation. Starting March 1, 2017, blend into
gasoline, RBOB, or CBOB any oxygenate, including but not limited to
denatured fuel ethanol, that has a sulfur content higher than 10 ppm.
    (e) Additive blender violation. Unless acting in the capacity of a
gasoline refiner or importer under Sec.  80.1613, introduce an additive
other than an oxygenate compound into gasoline, CBOB, or RBOB which
contributes more than 3 ppm to the sulfur content of the finished
gasoline, CBOB, or RBOB.
    (f) Additive manufacturer violation. Introduce an additive with a
maximum allowed treatment rate of less than 1.0 volume percent into
gasoline, CBOB, or RBOB which contributes more than 3 ppm to the sulfur
content of the finished gasoline, CBOB, or RBOB, or introduce more than
1.0 volume percent of any

additive other than an oxygenate into gasoline, CBOB, or RBOB without
complying with all the requirements of this subpart O, including the
standards and requirements at Sec.  80.1640 that apply to refiners
producing gasoline by blending blendstocks into PCG.
    (g) Denaturant violation. Cause or contribute to the introduction
into commerce of an ethanol denaturant designated as suitable for the
production manufacture of denatured fuel ethanol meeting federal
quality requirements which does not comply with the requirements of
Sec.  80.1611.
    (h) Credit violation. Generate, transfer, or use invalid credits or
improperly transfer or use credits.
    (i) Export violation. Distribute or dispense gasoline intended for
export (pursuant to Sec.  80.1603(b)(3)) for use in the United States.
    (j) Failure to meet a requirement. Fail to meet a requirement that
applies to that person under this subpart.

Sec.  80.1661  What evidence may be used to determine compliance with
the prohibitions and requirements of this subpart and liability for
violations of this subpart?

    (a) Compliance with the sulfur standards of this subpart O shall be
determined based on the sulfur level, measured or otherwise determined
as applicable using the methodologies specified in Sec. Sec.  80.47,
80.1611, and 80.1630. Any evidence or information, including the
exclusive use of such evidence or information, may be used to establish
the sulfur level of gasoline, ethanol denaturant, or oxygenate if the
evidence or information is relevant to whether the sulfur level would
have been in compliance with the standards if the appropriate sampling
and testing methodology or other sulfur determination methodology as
applicable had been correctly performed. Such evidence may be obtained
from any source or location and may include, but is not limited to,
test results using methods other than those specified in Sec. Sec.
80.47 and 80.1630, business records, and commercial documents.
    (b) Determinations of compliance with the requirements of this
subpart other than the sulfur standards, and determinations of
liability for any violation of this subpart, may be based on
information obtained from any source or location. Such information may
include, but is not limited to, business records and commercial
documents.

Sec.  80.1662  Liability for violations.

    The following persons are liable for violations under this subpart:
    (a) Persons liable for violations of prohibited acts. (1) Averaging
violation. Any refiner or importer who violates Sec.  80.1660(a) is
liable for the violation.
    (2) Causing an averaging violation. Any refiner, importer,
distributor, reseller, carrier, retailer, wholesale purchaser-consumer,
oxygenate blender, ethanol denaturant producer, or ethanol denaturant
importer who causes another party to violate Sec.  80.1660(a), is
liable for a violation of Sec.  80.1660(c).
    (3) Cap standard violation. Any refiner, gasoline importer,
distributor, reseller, carrier, retailer, wholesale purchaser-consumer,
oxygenate producer, oxygenate importer, oxygenate blender, ethanol
denaturant producer, ethanol denaturant importer, additive
manufacturer, or additive blender who owned, leased, operated,
controlled or supervised a facility where a violation of Sec.
80.1660(b) occurred, is deemed in violation of Sec.  80.1660(b).
    (4) Causing a cap standard violation. Any refiner, gasoline
importer, distributor, reseller, carrier, retailer, wholesale
purchaser-consumer, oxygenate producer, oxygenate importer, oxygenate
blender, ethanol denaturant producer, ethanol denaturant importer,
additive manufacturer, or additive blender who produced, imported,
sold, offered for sale, dispensed, supplied, offered for supply,
stored, transported, or caused the transportation or storage of
gasoline, oxygenate, or ethanol denaturant that violates Sec.
80.1660(b), is deemed in violation of Sec.  80.1660(c).
    (5) Branded refiner/importer liability. Any refiner or importer
whose corporate, trade, or brand name, or whose marketing subsidiary's
corporate, trade, or brand name appeared at a facility where a
violation of Sec.  80.1660(b) occurred, is deemed in violation of Sec.
80.1660(b).
    (6) Causing violating gasoline to be in the distribution system.
Any refiner, gasoline importer, distributor, reseller, carrier,
oxygenate producer, oxygenate importer, oxygenate blender, ethanol
denaturant producer, ethanol denaturant importer, additive
manufacturer, or additive blender who owned, leased, operated,
controlled or supervised a facility from which gasoline, oxygenate, or
ethanol denaturant was released into the distribution system which does
not comply with an applicable sulfur cap standard or a sulfur averaging
standard is deemed in violation of Sec.  80.1660(d).
    (7) Carrier causation. In order for a carrier to be liable under
paragraph (a)(2), (a)(3), (a)(4), or (a)(6) of this section, EPA must
demonstrate, by reasonably specific showing by direct or circumstantial
evidence, that the carrier caused the violation.
    (8) Oxygenate blender violation. Any oxygenate blender who violates
Sec.  80.1660(e) is liable for the violation.
    (9) Additive manufacturer violation. Any additive manufacturer who
violates Sec.  80.1660(g) is deemed liable for the violation.
    (10) Additive blender violation. Any additive blender who violates
Sec.  80.1660(f) is deemed liable for the violation.
    (11) Credit violation. Any refiner or importer who violates Sec.
80.1660(h) is liable for the violation.
    (12) Parent corporation liability. Any parent corporation is liable
for any violations of this subpart that are committed by any of its
wholly-owned subsidiaries.
    (13) Joint venture and joint owner liability. Each partner to a
joint venture, or each owner of a facility owned by two or more owners,
is jointly and severally liable for any violation of this subpart that
occurs at the joint venture facility or facility owned by the joint
owners, or is committed by the joint venture operation or any of the
joint owners of the facility.
    (b) Persons liable for failure to meet other provisions of this
subpart. Any person who--
    (1) Fails to comply with a provision of this subpart not addressed
in paragraph (a) of this section is liable for a violation of that
provision.
    (2) Causes another person to fail to meet a requirement of this
subpart not addressed in paragraph (a) of this section is liable for
causing a violation of that provision.

Sec.  80.1663  Defenses for a violation of a prohibited act.

    (a) Any person deemed liable for a violation of a prohibition under
Sec.  80.1662(a)(3) through (10), will not be deemed in violation if
the person demonstrates all the following:
    (1) The violation was not caused by the person or the person's
employee or agent.
    (2) In cases where product transfer document requirements under
this subpart apply, the product transfer documents account for the fuel
found to be in violation and indicate that the violating product was in
compliance with the applicable requirements while in that person's
control; and
    (3) The person conducted a quality assurance sampling and testing
program, as described in paragraph (d) of this section. A carrier may
rely on the quality assurance program carried out by another party,
including the party who owns the gasoline in question,

provided that the quality assurance program is carried out properly.
Retailers and wholesale purchaser-consumers are not required to conduct
sampling and testing of gasoline as part of their quality assurance
programs.
    (b) In the case of a violation found at a facility operating under
the corporate, trade or brand name of a refiner or importer, or a
refiner's or importer's marketing subsidiary, the refiner or importer
must show, in addition to the defense elements required under
paragraphs (a)(1) through (3) of this section, that the violation was
caused by any of the following:
    (1) An act in violation of law (other than the Clean Air Act or
this part 80), or an act of sabotage or vandalism.
    (2) The action of any refiner, gasoline importer, retailer,
distributor, reseller, oxygenate blender, carrier, retailer or
wholesale purchaser-consumer in violation of a contractual agreement
between the branded refiner or importer and the person designed to
prevent such action, and despite periodic sampling and testing by the
branded refiner or importer to ensure compliance with such contractual
obligation.
    (3) The action of any carrier or other distributor not subject to a
contract with the refiner or importer, but engaged for transportation
of gasoline, oxygenate, or ethanol denaturant despite specifications or
inspections of procedures and equipment which are reasonably calculated
to prevent such action.
    (c) Under paragraph (a) of this section, for any person to show
that a violation was not caused by that person, or under paragraph (b)
of this section to show that a violation was caused by any of the
specified actions, the person must demonstrate by reasonably specific
showings, by direct or circumstantial evidence, that the violation was
caused or must have been caused by another person and that the person
asserting the defense did not contribute to that other person's
causation.
    (d) To demonstrate an acceptable quality assurance and testing
program under paragraph (a)(2) of this section, a person must present
evidence of all the following:
    (1) A periodic sampling and testing program to ensure the gasoline
the person sold, dispensed, supplied, stored, or transported, meets the
applicable sulfur standard.
    (2) On each occasion when gasoline is found not in compliance with
the applicable sulfur standard--
    (i) The person immediately ceases selling, offering for sale,
dispensing, supplying, offering for supply, storing or transporting the
non-complying product; and
    (ii) The person promptly remedies the violation and the factors
that caused the violation (for example, by removing the non-complying
product from the distribution system until the applicable standard is
achieved and taking steps to prevent future violations of a similar
nature from occurring).
    (3) For any carrier who transports gasoline in a tank truck, the
quality assurance program required under this paragraph (d) need not
include periodic sampling and testing of gasoline in the tank truck,
but in lieu of such tank truck sampling and testing, the carrier shall
demonstrate evidence of an oversight program for monitoring compliance
with the requirements of this subpart relating to the transport or
storage of gasoline by tank truck, such as appropriate guidance to
drivers regarding compliance with the applicable sulfur standard and
product transfer document requirements, and the periodic review of
records received in the ordinary course of business concerning gasoline
quality and delivery.

Sec.  80.1664  [Reserved]

Sec.  80.1665  Penalties.

    (a) Any person liable for a violation under Sec.  80.1662 is
subject to civil penalties as specified in section 205 of the Clean Air
Act (42 U.S.C. 7524) for every day of each such violation and the
amount of economic benefit or savings resulting from each violation.
    (b) Any person liable under Sec.  80.1662(a)(1) or (a)(2) for a
violation of the applicable sulfur averaging standard or causing
another party to violate that standard during any averaging period, is
subject to a separate day of violation for each and every day in the
averaging period. Any person liable under Sec.  80.1662(a)(11) or (b)
for a failure to fulfill any requirement for credit generation,
transfer, use, banking, or deficit correction, is subject to a separate
day of violation for each and every day in the averaging period in
which invalid credits are generated or used.
    (c)(1) Any person liable under Sec.  80.1662(a)(3) through (10) for
a violation of an applicable sulfur per gallon cap standard under this
subpart O or of causing another party to violate a cap standard, is
subject to a separate day of violation for each and every day the non-
complying gasoline remains any place in the gasoline distribution
system.
    (2) Any person liable under Sec.  80.1662(a)(6) for causing
gasoline, oxygenate, or ethanol denaturant to be in the distribution
system which does not comply with an applicable sulfur cap standard, or
a sulfur averaging standard, is subject to a separate day of violation
for each and every day that the non-complying gasoline, oxygenate, or
ethanol denaturant remains any place in the gasoline, oxygenate, or
ethanol denaturant distribution system.
    (3) For purposes of this paragraph (c), the length of time the
gasoline, oxygenate, or ethanol denaturant in question remained in the
gasoline, oxygenate, or ethanol denaturant distribution system is
deemed to be twenty-five days, unless a person subject to liability or
EPA demonstrates by reasonably specific showings, by direct or
circumstantial evidence, that the non-complying gasoline, oxygenate, or
ethanol denaturant remained in the gasoline, oxygenate, or ethanol
denaturant distribution system for fewer than or more than twenty-five
days.
    (d) Any person liable under Sec.  80.1662(b) for failure to meet,
or causing a failure to meet, a provision of this subpart is liable for
a separate day of violation for each and every day such provision
remains unfulfilled.

Sec.  80.1666  Additional requirements for foreign small refiners and
foreign small volume refineries.

    The provisions of this section apply to certain foreign refiners
and importers during the period January 1, 2017 through December 31,
2019. After December 31, 2019, foreign refiners are not subject to
compliance requirements under subpart H of this part, or this subpart
O; instead, the importer of any foreign-produced gasoline shall be
responsible for compliance with the standards and requirements of this
subpart O that relate to importers.
    (a) Definitions. (1) Foreign small refiner is a foreign refiner
that meets the definition of a small refiner under Sec.  80.1620.
    (2) Foreign small volume refinery is a foreign refinery that meets
the definition of a small volume refinery under Sec.  80.1621.
    (3) Sulfur-FRGAS, for this subpart, means gasoline produced from
January 1, 2017 through December 31, 2019, at a foreign refinery of a
refiner that has been approved as a small refiner or a small volume
refinery under Sec.  80.1622, and that is imported into the United
States.
    (4) Non-Sulfur-FRGAS means gasoline that is produced at a foreign
refinery that has not been approved as a small refiner refinery or
small volume refinery under Sec.  80.1622, gasoline produced at a
foreign refinery of an approved small

refiner or at an approved small volume refinery under Sec.  80.1622
that is not imported into the United States, and gasoline produced at a
foreign refinery that is approved during a year when the foreign
refiner has opted to not participate in the Sulfur-FRGAS program under
paragraph (c)(3) of this section.
    (5) Certified Sulfur-FRGAS means Sulfur-FRGAS the foreign refiner
intends to include in the foreign refinery's sulfur compliance
calculations under Sec. Sec.  80.195 and 80.205 and does include in
these compliance calculations when reported to EPA.
    (6) Non-Certified Sulfur-FRGAS means Sulfur-FRGAS that is not
Certified Sulfur-FRGAS.
    (b) Petition for approval of small refiner or small volume refinery
status. To be approved for small refiner status or small volume
refinery status a foreign refiner must submit a petition for approval
as provided under Sec.  80.1622 and this section. If small refiner
status or small volume refinery status is approved, the foreign refiner
may produce gasoline for export to the United States, during the period
starting January 1, 2017 and ending December 31, 2019, that is subject
to the sulfur content standards of subpart H of this part at Sec.
80.195 that were applicable to refiners from 2006 through 2016. A
foreign refiner is not eligible to generate sulfur credits under
subpart H of this part or this subpart O, as this occurs through the
importer.
    (c) General requirements for foreign refiners approved as small
refiners or small volume refinery status. A foreign refiner of a
refinery that has been approved as a small refiner refinery or a small
volume refinery must designate all gasoline produced at the foreign
refinery that is exported to the United States as either Certified
Sulfur-FRGAS or as Non-Certified Sulfur-FRGAS, except as provided in
paragraph (c)(3) of this section.
    (1) In the case of Certified Sulfur-FRGAS, the foreign refiner must
meet the sulfur standards of subpart H of this part as described in
paragraph (b) of this section and the requirements of this section.
    (2) In the case of Non-Certified Sulfur-FRGAS, the foreign refiner
shall meet all the following provisions, except the foreign refiner
shall substitute the name Non-Certified Sulfur-FRGAS for the names
``reformulated gasoline'' or ``RBOB'' wherever they appear in the
following provisions:
    (i) The designation requirements in this section.
    (ii) The recordkeeping requirements under Sec.  80.1653.
    (iii) The reporting requirements in Sec.  80.1652 and this section.
    (iv) The product transfer document requirements in Sec.  80.1651
and this section.
    (v) The prohibitions in Sec.  80.1660 and this section.
    (vi) The independent audit requirements under Sec.  80.415 and
paragraph (h) of this section; and the attest engagement provisions of
Sec. Sec.  80.125 through 80.127, 80.128(a), (b), (c), and (g) through
(i), and 80.130.
    (3)(i) Any foreign refiner that has been approved as a small
refiner or whose refinery has been approved as a small volume refinery
under this subpart O may elect to classify no gasoline imported into
the United States as Sulfur-FRGAS, provided the foreign refiner
notifies EPA of the election no later than November 1 of the prior
calendar year.
    (ii) An election under paragraph (c)(3)(i) of this section shall
meet all the following requirements:
    (A) Apply to an entire calendar year averaging period, and apply to
all gasoline produced during the calendar year at the foreign refinery
that is used in the United States.
    (B) Remain in effect for each succeeding calendar year averaging
period, unless and until the foreign refiner notifies EPA of a
termination of the election. The change in election shall take effect
at the beginning of the next calendar year.
    (d) Designation, product transfer documents, and foreign refiner
certification. (1) Any approved foreign small refiner or any foreign
refiner having an approved small volume refinery under this subpart O
must designate each batch of Sulfur-FRGAS as such at the time the
gasoline is produced, unless the refinery has elected to classify no
gasoline exported to the United States as Sulfur-FRGAS under paragraph
(c)(3)(i) of this section.
    (2) On each occasion when any person transfers custody or title to
any Sulfur-FRGAS prior to its being imported into the United States, it
must include all the following information as part of the product
transfer document information in this section:
    (i) Identification of the gasoline as Certified Sulfur-FRGAS or as
Non-Certified Sulfur-FRGAS.
    (ii) The name and EPA refinery registration number of the refinery
where the Sulfur-FRGAS was produced.
    (3) On each occasion when Sulfur-FRGAS is loaded onto a vessel or
other transportation mode for transport to the United States, the
foreign refiner shall prepare a certification for each batch of the
Sulfur-FRGAS that meets all the following requirements:
    (i) The certification shall include the report of the independent
third party under paragraph (f) of this section, and all the following
additional information:
    (A) The name and EPA registration number of the refinery that
produced the Sulfur-FRGAS.
    (B) The identification of the gasoline as Certified Sulfur-FRGAS or
Non-Certified Sulfur-FRGAS.
    (C) The volume of Sulfur-FRGAS being transported, in gallons.
    (D) In the case of Certified Sulfur-FRGAS, the sulfur content as
determined under paragraph (f) of this section, and a declaration that
the Sulfur-FRGAS is being included in the compliance calculations under
Sec.  80.205 for the refinery that produced the Sulfur-FRGAS.
    (ii) The certification shall be made part of the product transfer
documents for the Sulfur-FRGAS.
    (e) Transfers of Sulfur-FRGAS to non-U.S. markets. The foreign
refiner is responsible to ensure that all gasoline classified as
Sulfur-FRGAS is imported into the United States. A foreign refiner may
remove the Sulfur-FRGAS classification, and the gasoline need not be
imported into the United States, but only if--
    (1)(i) The foreign refiner excludes the volume and sulfur content
of the gasoline from the compliance calculations under Sec.  80.205.
    (ii) The exclusions under paragraph (e)(1)(i) of this section shall
be on the basis of the sulfur content and volumes determined under
paragraph (f) of this section; and
    (2) The foreign refiner obtains sufficient evidence in the form of
documentation that the gasoline was not imported into the United
States.
    (f) Load port independent sampling, testing and refinery
identification. (1) On each occasion Sulfur-FRGAS is loaded onto a
vessel for transport to the United States a foreign refiner shall have
an independent third party do all the following:
    (i) Inspect the vessel prior to loading and determine the volume of
any tank bottoms.
    (ii) Determine the volume of Sulfur-FRGAS loaded onto the vessel
(exclusive of any tank bottoms present before vessel loading).
    (iii) Obtain the EPA-assigned registration number of the foreign
refinery.
    (iv) Determine the name and country of registration of the vessel
used to transport the Sulfur-FRGAS to the United States.

    (v) Determine the date and time the vessel departs the port serving
the foreign refinery.
    (2) On each occasion Certified Sulfur-FRGAS is loaded onto a vessel
for transport to the United States a foreign refiner shall have an
independent third party--
    (i) Collect a representative sample of the Certified Sulfur-FRGAS
from each vessel compartment subsequent to loading on the vessel and
prior to departure of the vessel from the port serving the foreign
refinery.
    (ii) Prepare a volume-weighted vessel composite sample from the
compartment samples, and determine the value for sulfur in accordance
with the methodology and requirements specified in Sec.  80.1630, by
either of the following:
    (A) The third party analyzing the sample.
    (B) The third party observing the foreign refiner analyzing the
sample.
    (iii) Review original documents that reflect movement and storage
of the certified Sulfur-FRGAS from the refinery to the load port, and
from this review determine all the following:
    (A) The refinery at which the Sulfur-FRGAS was produced.
    (B) That the Sulfur-FRGAS remained segregated from Non-Sulfur-
FRGAS, Non-Certified Sulfur-FRGAS, and other Certified Sulfur-FRGAS
produced at a different refinery.
    (3) The independent third party shall submit a report--
    (i) To the foreign refiner containing the information required
under paragraphs (f)(1) and (2) of this section, to accompany the
product transfer documents for the vessel; and
    (ii) To the Administrator containing the information required under
paragraphs (f)(1) and (2) of this section, within thirty days following
the date of the independent third party's inspection. This report shall
include a description of the method used to determine the identity of
the refinery at which the gasoline was produced, assurance that the
gasoline remained segregated as specified in paragraph (m)(1) of this
section, and a description of the gasoline's movement and storage
between production at the source refinery and vessel loading.
    (4) The independent third party must do all the following:
    (i) Be approved in advance by EPA, based on a demonstration of
ability to perform the procedures required in this paragraph (f).
    (ii) Be independent under the criteria specified in Sec.
80.65(f)(2)(iii).
    (iii) Sign a commitment that contains the provisions specified in
paragraph (i) of this section with regard to activities, facilities and
documents relevant to compliance with the requirements of this
paragraph (f).
    (g) Comparison of load port and port of entry testing. (1)(i)
Except as described in paragraph (g)(1)(ii) of this section, any
foreign refiner and any U.S. importer of Certified Sulfur-FRGAS shall
compare the results from the load port testing under paragraph (f) of
this section, with the port of entry testing as reported under
paragraph (o) of this section, for the volume of gasoline and the
sulfur value.
    (ii) Where a vessel transporting Certified Sulfur-FRGAS off loads
this gasoline at more than one U.S. port of entry, and the conditions
of paragraph (g)(2) of this section are met at the first U.S. port of
entry, the requirements of paragraph (g)(2) of this section do not
apply at subsequent ports of entry if the U.S. importer obtains a
certification from the vessel owner, meeting the requirements of
paragraph (r) of this section that the vessel has not loaded any
gasoline or blendstock between the first U.S. port of entry and the
subsequent port of entry.
    (2) The U.S. importer and the foreign refiner shall treat the
gasoline as Non-Certified Sulfur-FRGAS, and the foreign refiner shall
exclude the gasoline volume and properties from its gasoline sulfur
compliance calculations under Sec.  80.205 under either of the
following circumstances:
    (i) The temperature-corrected volumes determined at the port of
entry and at the load port differ by more than one percent.
    (ii) The sulfur value determined at the port of entry is higher
than the sulfur value determined at the load port, and the amount of
this difference is greater than the reproducibility amount specified
for the port of entry test result by ASTM.
    (h) Attest requirements. All the following additional procedures
shall be carried out by any foreign refiner of Sulfur-FRGAS as part of
the applicable attest engagement for each foreign refinery under Sec.
80.415:
    (1) The inventory reconciliation analysis under the attest
engagement provisions of Sec.  80.128(b) and the tender analysis under
Sec.  80.128(c) shall include Non-Sulfur-FRGAS in addition to the
gasoline types listed in Sec.  80.128(b) and (c).
    (2) Obtain separate listings of all tenders of Certified Sulfur-
FRGAS, and of Non-Certified Sulfur-FRGAS. Agree the total volume of
tenders from the listings to the gasoline inventory reconciliation
analysis in the attest engagement provisions of Sec.  80.128(b), and to
the volumes determined by the third party under paragraph (f)(1) of
this section.
    (3) For each tender under paragraph (h)(2) of this section where
the gasoline is loaded onto a marine vessel, report as a finding the
name and country of registration of each vessel, and the volumes of
Sulfur-FRGAS loaded onto each vessel.
    (4) Select a sample from the list of vessels identified in
paragraph (h)(3) of this section used to transport Certified Sulfur-
FRGAS, in accordance with the attest engagement guidelines in Sec.
80.127, and for each vessel selected perform all the following:
    (i) Obtain the report of the independent third party, under
paragraph (f) of this section, and of the U.S. importer under paragraph
(n) of this section.
    (A) Agree the information in these reports with regard to vessel
identification, gasoline volumes and test results.
    (B) Identify, and report as a finding, each occasion the load port
and port of entry parameter and volume results differ by more than the
amounts allowed in paragraph (g) of this section, and determine whether
the foreign refiner adjusted its refinery calculations as required in
paragraph (g) of this section.
    (ii) Obtain the documents used by the independent third party to
determine transportation and storage of the Certified Sulfur-FRGAS from
the refinery to the load port, under paragraph (f) of this section.
Obtain tank activity records for any storage tank where the Certified
Sulfur-FRGAS is stored, and pipeline activity records for any pipeline
used to transport the Certified Sulfur-FRGAS, prior to being loaded
onto the vessel. Use these records to determine whether the Certified
Sulfur-FRGAS was produced at the refinery that is the subject of the
attest engagement, and whether the Certified Sulfur-FRGAS was mixed
with any Non-Certified Sulfur-FRGAS, Non-Sulfur-FRGAS, or any Certified
Sulfur-FRGAS produced at a different refinery.
    (5) Select a sample from the list of vessels identified in
paragraph (h)(3) of this section used to transport certified and Non-
Certified Sulfur-FRGAS, in accordance with the attest engagement
guidelines of Sec.  80.127, and for each vessel selected perform the
following:
    (i) Obtain a commercial document of general circulation that lists
vessel arrivals and departures, and that includes the port and date of
departure of the vessel, and the port of entry and date of arrival of
the vessel.

    (ii) Agree the vessel's departure and arrival locations and dates
from the independent third party and U.S. importer reports to the
information contained in the commercial document.
    (6) Obtain separate listings of all tenders of Non-Sulfur-FRGAS,
and perform all the following:
    (i) Agree the total volume of tenders from the listings to the
gasoline inventory reconciliation analysis in Sec.  80.128(b).
    (ii) Obtain a separate listing of the tenders under this paragraph
(h)(6) where the gasoline is loaded onto a marine vessel. Select a
sample from this listing in accordance with the guidelines in Sec.
80.127, and obtain a commercial document of general circulation that
lists vessel arrivals and departures, and that includes the port and
date of departure and the ports and dates where the gasoline was off
loaded for the selected vessels. Determine and report as a finding the
country where the gasoline was off loaded for each vessel selected.
    (7) In order to complete the requirements of this paragraph (h) an
auditor must--
    (i) Be independent of the foreign refiner.
    (ii) Be licensed as a Certified Public Accountant in the United
States and a citizen of the United States, or be approved in advance by
EPA based on a demonstration of ability to perform the procedures
required in the attest engagement provisions of Sec. Sec.  80.125
through 80.130, 80.415 and this paragraph (h).
    (iii) Sign a commitment that contains the provisions specified in
this paragraph (h) with regard to activities and documents relevant to
compliance with the requirements of the attest engagement provisions of
Sec. Sec.  80.125 through 80.130, 80.415 and this paragraph (h).
    (i) Foreign refiner commitments. Any foreign refiner shall commit
to and comply with the following provisions as a condition to being
approved for small refiner status or small volume refinery status:
    (1) Any U.S. EPA inspector or auditor will be given complete and
immediate access to conduct inspections and audits of the foreign
refinery.
    (i) Inspections and audits may be either announced in advance by
EPA, or unannounced.
    (ii) Access will be provided to any location where--
    (A) Gasoline is produced;
    (B) Documents related to refinery operations are kept;
    (C) Gasoline or blendstock samples are tested or stored; and
    (D) Sulfur-FRGAS is stored or transported between the foreign
refinery and the United States, including storage tanks, vessels and
pipelines.
    (iii) Inspections and audits may be by EPA employees or contractors
to EPA.
    (iv) Any documents requested that are related to matters covered by
inspections and audits will be provided to an EPA inspector or auditor
on request.
    (v) Inspections and audits by EPA may include review and copying of
any documents related to all the following:
    (A) Approval of the refiner as a small refiner or approval of the
refinery as a small volume refinery.
    (B) The volume and sulfur content of Sulfur-FRGAS.
    (C) The proper classification of gasoline as being Sulfur-FRGAS or
as not being Sulfur-FRGAS, or as Certified Sulfur-FRGAS or as Non-
Certified Sulfur-FRGAS.
    (D) Transfers of title or custody to Sulfur-FRGAS.
    (E) Sampling and testing of Sulfur-FRGAS.
    (F) Work performed and reports prepared by independent third
parties and by independent auditors under the requirements of this
section and Sec.  80.415, including work papers.
    (G) Reports prepared for submission to EPA, and any work papers
related to such reports.
    (vi) Inspections and audits by EPA may include taking samples of
gasoline or blendstock, and interviewing employees.
    (vii) Any employee of the foreign refiner must be made available
for interview by the EPA inspector or auditor, on request, within a
reasonable time period.
    (viii) English language translations of any documents must be
provided to an EPA inspector or auditor, on request, within 10 working
days.
    (ix) English language interpreters must be provided to accompany
EPA inspectors and auditors, on request.
    (2) An agent for service located in the District of Columbia will
be named. Service on this agent constitutes service on the foreign
refiner or any employee of the foreign refiner for any action by EPA or
otherwise by the United States related to the requirements of this
subpart O.
    (3) The forum for any civil or criminal enforcement action related
to the provisions of this section for violations of the Clean Air Act
or regulations promulgated thereunder shall be governed by the Clean
Air Act, including the EPA administrative forum where allowed under the
Clean Air Act.
    (4) The substantive and procedural laws of the United States shall
apply to any civil or criminal enforcement action against the foreign
refiner or any employee of the foreign refiner related to the
provisions of this section.
    (5) Submitting a petition for approval as a small refiner or for
small volume refinery status, producing and exporting gasoline under
such approval, and all other actions to comply with the requirements of
this subpart O constitute actions or activities that satisfy the
provisions of 28 U.S.C. 1605(a)(2), but solely with respect to actions
instituted against the foreign refiner, its agents and employees in any
court or other tribunal in the United States for conduct that violates
the requirements applicable to the foreign refiner under this subpart
O, including conduct that violates 18 U.S.C. 1001 or Clean Air Act
section 113(c)(2) (42 U.S.C. 7413(c)(2)).
    (6) The foreign refiner, or its agents or employees, must not seek
to detain or to impose civil or criminal remedies against EPA
inspectors or auditors, whether EPA employees or EPA contractors, for
actions performed within the scope of EPA employment related to the
provisions of this section.
    (7) The commitment required by this paragraph (i) must be signed by
the owner or president of the foreign refiner business.
    (8) In any case where FRGAS produced at a foreign refinery is
stored or transported by another company between the refinery and the
vessel that transports the Sulfur-FRGAS to the United States, the
foreign refiner shall obtain from each such other company a commitment
that meets the requirements specified in paragraphs (i)(1) through (7)
of this section.
    (j) Sovereign immunity. By submitting a petition for approval as a
small refiner or approval of a small volume refinery under this subpart
O and this section, or by producing and exporting gasoline to the
United States under such an approval under this section, the foreign
refiner, its agents and employees, without exception, become subject to
the full operation of the administrative and judicial enforcement
powers and provisions of the United States without limitation based on
sovereign immunity, with respect to actions instituted against the
foreign refiner, its agents and employees in any court or other
tribunal in the United States for conduct that violates the
requirements applicable to the foreign refiner under this subpart O,
including conduct that violates 18 U.S.C. 1001 or Clean Air Act section
113(c)(2) (42 U.S.C. 7413(c)(2)).
    (k) Bond posting. Any foreign refiner must meet the following
requirements as a condition to being approved for

small refiner or small volume refinery status:
    (l) The foreign refiner shall post a bond of the amount calculated
using the following equation:

Bond = G x $ 0.01

Where:

Bond = Amount of the bond in U. S. dollars.
G = The largest volume of gasoline produced at the foreign refinery
and exported to the United States, in gallons, during a single
calendar year among the most recent of the following calendar years,
up to a maximum of three calendar years: the calendar year
immediately preceding the date the approval petition is submitted,
the calendar year the approval petition is submitted, and each
succeeding calendar year.

    (2) Bonds shall be posted by performing any of the following:
    (i) Paying the amount of the bond to the Treasurer of the United
States.
    (ii) Obtaining a bond in the proper amount from a third party
surety agent that is payable to satisfy U.S. administrative or judicial
judgments against the foreign refiner, provided EPA agrees in advance
as to the third party and the nature of the surety agreement.
    (iii) An alternative commitment that results in assets of an
appropriate liquidity and value being readily available to the United
States, provided EPA agrees in advance as to the alternative
commitment.
    (3) If the bond amount for a foreign refinery increases, the
foreign refiner shall increase the bond to cover the shortfall within
90 days of the date the bond amount changes. If the bond amount
decreases, the foreign refiner may reduce the amount of the bond
beginning 90 days after the date the bond amount changes.
    (4) Bonds posted under this paragraph (k) shall--
    (i) Be used to satisfy any judicial judgment that results from an
administrative or judicial enforcement action for conduct in violation
of this subpart O, including where such conduct violates 18 U.S.C. 1001
and Clean Air Act section 113(c)(2) (42 U.S.C. 7413(c)(2));
    (ii) Be provided by a corporate surety that is listed in the U.S.
Department of Treasury Circular 570 ``Companies Holding Certificates of
Authority as Acceptable Sureties on Federal Bonds and Acceptable
Reinsuring Companies'' (Available from the U.S. Department of the
Treasury, Financial Management Service, Surety Bond Branch, 3700 East-
West Highway, Room 6A04, Hyattsville, MD, 20782. Also available on the
Internet at http://www.fms.treas.gov/c570/c570.html); and
    (iii) Include a commitment that the bond will remain in effect for
at least five years following the end of latest averaging period that
the foreign refiner produces gasoline pursuant to the requirements of
this subpart O.
    (5) On any occasion a foreign refiner bond is used to satisfy any
judgment, the foreign refiner shall increase the bond to cover the
amount used within 90 days of the date the bond is used.
    (l) English language reports. Any report or other document
submitted to EPA by any foreign refiner must be in English, or must
include an English language translation.
    (m) Prohibitions. (1) No person may combine Certified Sulfur-FRGAS
with any Non-Certified Sulfur-FRGAS or Non-Sulfur-FRGAS, and no person
may combine Certified Sulfur-FRGAS with any Certified Sulfur-FRGAS
produced at a different refinery, until the importer has met all the
requirements of paragraph (n) of this section, except as provided in
paragraph (e) of this section.
    (2) No foreign refiner or other person may cause another person to
commit an action prohibited in paragraph (m)(1) of this section, or
that otherwise violates the requirements of this section.
    (n) U.S. importer requirements. Any U.S. importer shall meet the
following requirements:
    (1) Each batch of imported gasoline shall be classified by the
importer as being Sulfur-FRGAS or as Non-Sulfur-FRGAS, and each batch
classified as Sulfur-FRGAS shall be further classified as Certified
Sulfur-FRGAS or as Non-certified Sulfur-FRGAS.
    (2) Gasoline shall be classified as Certified Sulfur-FRGAS or as
Non-Certified Sulfur-FRGAS according to the designation by the foreign
refiner if this designation is supported by product transfer documents
prepared by the foreign refiner as required in paragraph (d) of this
section, unless the gasoline is classified as Non-Certified Sulfur-
FRGAS under paragraph (g) of this section.
    (3) For each gasoline batch classified as Sulfur-FRGAS, any U.S.
importer shall perform the following procedures:
    (i) In the case of both Certified and Non-Certified Sulfur-FRGAS,
have an independent third party--
    (A) Determine the volume of gasoline in the vessel.
    (B) Use the foreign refiner's Sulfur-FRGAS certification to
determine the name and EPA-assigned registration number of the foreign
refinery that produced the Sulfur-FRGAS.
    (C) Determine the name and country of registration of the vessel
used to transport the Sulfur-FRGAS to the United States.
    (D) Determine the date and time the vessel arrives at the U.S. port
of entry.
    (ii) In the case of Certified Sulfur-FRGAS, have an independent
third party-
    (A) Collect a representative sample from each vessel compartment
subsequent to the vessel's arrival at the U.S. port of entry and prior
to off loading any gasoline from the vessel.
    (B) Prepare a volume-weighted vessel composite sample from the
compartment samples.
    (C) Determine the sulfur value using the methodologies specified in
Sec.  80.1630, by the third party analyzing the sample, or by the third
party observing the importer analyzing the sample.
    (4) Any importer shall submit reports within thirty days following
the date any vessel transporting Sulfur-FRGAS arrives at the U.S. port
of entry--
    (i) To the Administrator containing the information determined
under paragraph (n)(3) of this section; and
    (ii) To the foreign refiner containing the information determined
under paragraph (n)(3) of this section.
    (5) Any U.S. importer shall meet the applicable requirements of
this subpart O, including sulfur content standards specified in Sec.
80.1603, for any imported gasoline that is not classified as Certified
Sulfur-FRGAS under paragraph (n)(2) of this section.
    (o) Truck imports of Certified Sulfur-FRGAS produced by a foreign
small refiner or foreign small volume refinery. (1) Any refiner whose
Certified Sulfur-FRGAS is transported into the United States by truck
may petition EPA to use alternative procedures to meet all the
following requirements:
    (i) Certification under paragraph (d)(5) of this section.
    (ii) Load port and port of entry sampling and testing under
paragraphs (f) and (g) of this section.
    (iii) Attest under paragraph (h) of this section.
    (iv) Importer testing under paragraph (n)(3) of this section.
    (2) These alternative procedures must ensure Certified Sulfur-FRGAS
remains segregated from Non-Certified Sulfur-FRGAS and from Non-Sulfur-
FRGAS until it is imported into the United States. The petition will be
evaluated based on whether it adequately addresses all the following:
    (i) Provisions for monitoring pipeline shipments, if applicable,
from the refinery, that ensure segregation of Certified Sulfur-FRGAS
from that refinery from all other gasoline.
    (ii) Contracts with any terminals and/or pipelines that receive
and/or

transport Certified Sulfur-FRGAS, that prohibit the commingling of such
Certified Sulfur-FRGAS with any of the following:
    (A) Other Certified Sulfur-FRGAS from other refineries.
    (B) All Non-Certified Sulfur-FRGAS.
    (C) All Non-Sulfur-FRGAS
    (iii) Procedures for obtaining and reviewing truck loading records
and U.S. import documents for Certified Sulfur-FRGAS to ensure that
such gasoline is only loaded into trucks making deliveries to the
United States.
    (iv) Attest procedures to be conducted annually by an independent
third party that review loading records and import documents based on
volume reconciliation, or other criteria, to confirm that all Certified
Sulfur-FRGAS remains segregated throughout the distribution system and
is only loaded into trucks for import into the United States.
    (3) The petition required by this section must be submitted to EPA
along with the application for small refiner status or small volume
refinery status under Sec.  80.1622 and this section.
    (p) Withdrawal or suspension of a foreign refinery's small refiner
or small volume refinery status approval. EPA may withdraw or suspend
approval where any of the following occur:
    (1) A foreign refiner fails to meet any requirement of this
section.
    (2) A foreign government fails to allow EPA inspections as provided
in paragraph (i)(1) of this section.
    (3) A foreign refiner asserts a claim of, or a right to claim,
sovereign immunity in an action to enforce the requirements in this
subpart O.
    (4) A foreign refiner fails to pay a civil or criminal penalty that
is not satisfied using the foreign refiner bond specified in paragraph
(k) of this section.
    (q) [Reserved]
    (r) Additional requirements for petitions, reports and
certificates. Any petition for approval, any alternative procedures
under paragraph (o) of this section, and any certification under
paragraph (d)(3) of this section shall be--
    (1) Submitted in accordance with procedures specified by the
Administrator, including use of any forms that may be specified by the
Administrator; and
    (2) Be signed by the president or owner of the foreign refiner
company, or by that person's immediate designee, and shall contain the
following declaration:
    I hereby certify: (1) That I have actual authority to sign on
behalf of and to bind [insert name of foreign refiner] with regard to
all statements contained herein; (2) that I am aware that the
information contained herein is being certified, or submitted to the
United States Environmental Protection Agency, under the applicable
requirements of 40 CFR part 80, subparts H and O, and that the
information is material for determining compliance under these
regulations; and (3) that I have read and understand the information
being certified or submitted, and this information is true, complete
and correct to the best of my knowledge and belief after I have taken
reasonable and appropriate steps to verify the accuracy thereof.
    I affirm that I have read and understand the provisions of 40 CFR
part 80, subpart O, including 40 CFR 80.1666 [insert name of foreign
refiner]. Pursuant to Clean Air Act section 113(c) and 18 U.S.C. 1001,
the penalty for furnishing false, incomplete or misleading information
in this certification or submission is a fine of up to $10,000, and/or
imprisonment for up to five years.

Sec.  80.1667  Attest engagement requirements.

    In addition to the requirements for attest engagements that apply
to refiners and importers under Sec. Sec.  80.125 through 80.130,
80.1666, and other sections of this part 80 the attest engagements for
importers and refiners must include the following procedures and
requirements each year.
    (a) Refiners subject to national standards and Small Refiner and
Small Volume Refinery Status. (1) If the refiner asserts small refinery
status or small volume refinery status for the refinery, obtain the EPA
approval letter for the refinery to determine the refinery's applicable
annual average standard and credit generation status.
    (2) Determine whether the refinery applied the correct annual
average sulfur standard and whether it was eligible to generate credits
and report the finding.
    (3) If the annual average sulfur standard is incorrect or credit
generation was inappropriate, recalculate compliance using the
appropriate sulfur standard and using appropriate credits and report as
a finding.
    (b) EPA reports. (1) Obtain and read a copy of the refinery's or