Density, Relative Density, or API Gravity of Liquid Petroleum by
Portable Digital Density Meter, approved October 1, 2018 (``ASTM
D7777''); IBR approved for Sec.  1090.1337(d).
    (d) Environmental Protection Agency, Air and Radiation Docket and
Information Center, WJC West Building, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20460,<PHONE_NUMBER>.
    (1) CARB Test Method, 13 CA ADC Sec.  2257; California Code of
Regulations Title 13. Motor Vehicles, Division 3. Air Resources Board,
Chapter 5. Standards for Motor Vehicle Fuels, Article 1. Standards for
Gasoline, Subarticle 1. Gasoline Standards that Became Applicable
Before 1996, Sec.  2257. Required Additives in Gasoline; amendment
filed May 17, 1999.
    (2) [Reserved]
    (e) The Institute of Internal Auditors, 1035 Greenwood Blvd., Suite
401, Lake Mary, FL 32746,<PHONE_NUMBER>, or www.theiia.org.
    (1) International Standards for the Professional Practice of
Internal Auditing (Standards), Revised October 2016; IBR approved for
Sec.  1090.1800(b).
    (2) [Reserved]
    (f) National Institute of Standards and Technology, 100 Bureau Dr.,
Stop 1070, Gaithersburg, MD 20899-1070,<PHONE_NUMBER>, or
www.nist.gov.
    (1) NIST Handbook 158, Field Sampling Procedures for Fuel and Motor
Oil Quality Testing--A Handbook for Use by Fuel and Oil Quality
Regulatory Officials, 2016 Edition, April 2016; IBR approved for Sec.
1090.1410(b).
    (2) [Reserved]

Subpart B--General Requirements and Provisions for Regulated
Parties

Sec.  1090.100  General provisions.

    This subpart provides an overview of the general requirements and
provisions applicable to any regulated party under this part. A person
who meets the definition of more than one type of regulated party must
comply with the requirements applicable to each of those types of
regulated parties. For example, a fuel manufacturer that also
transports fuel must meet the requirements applicable to a fuel
manufacturer and a distributor. A regulated party is required to comply
with all applicable requirements of this part, regardless of whether
they are identified in this subpart. Any person that produces, sells,
transfers, supplies, dispenses, or distributes fuel, fuel additive, or
regulated blendstock must comply with all applicable requirements.
    (a) Recordkeeping. Any party that engages in activities that are
regulated under this part must comply with recordkeeping requirements
under subpart M of this part.
    (b) Compliance and enforcement. Any party that engages in
activities that are regulated under this part is subject to compliance
and enforcement provisions under subpart R of this part.
    (c) Hardships and exemptions. Some regulated parties under this
part may be eligible, or eligible to petition, for a hardship or
exemption under subpart G of this part.
    (d) In addition to the requirements of paragraphs (a) through (c)
of this section and Sec.  1090.105, an importer must also comply with
subpart Q of this part.

Sec.  1090.105  Fuel manufacturers.

    This section provides an overview of general requirements
applicable to a fuel manufacturer. A gasoline manufacturer must comply
with the requirements of paragraph (a) of this section. A diesel fuel
or IMO marine fuel manufacturer must comply with the requirements of
paragraph (b) of this section.
    (a) Gasoline manufacturers. Except as specified otherwise in this
subpart, a gasoline manufacturer must comply with the following
requirements:
    (1) Producing compliant gasoline. A gasoline manufacturer must
produce or import gasoline that meets the standards of subpart C of
this part and must comply with the ABT requirements in subpart H of
this part.
    (2) Registration. A gasoline manufacturer must register with EPA
under subpart I of this part.
    (3) Reporting. A gasoline manufacturer must submit reports to EPA
under subpart J of this part.
    (4) Certification and designation. A gasoline manufacturer must
certify and designate the gasoline they produce under subpart K of this
part.
    (5) PTDs. On each occasion when a gasoline manufacturer transfers
custody of or title to any gasoline, the transferor must provide to the
transferee PTDs under subpart L of this part.
    (6) Sampling, testing, and sample retention. A gasoline
manufacturer must conduct sampling, testing, and sample retention in
accordance with subpart N of this part.
    (7) Surveys. A gasoline manufacturer may participate in applicable
fuel surveys under subpart O of this part.
    (8) Annual attest engagement. A gasoline manufacturer must submit
annual attest engagement reports to EPA under subpart S of this part.
    (b) Diesel fuel and IMO marine fuel manufacturers. A diesel fuel or
IMO marine fuel manufacturer must comply with the following
requirements, as applicable:
    (1) Producing compliant diesel fuel and ECA marine fuel. A diesel
fuel or ECA marine fuel manufacturer must produce or import diesel fuel
or ECA marine fuel that meets the requirements of subpart D of this
part.
    (2) Registration. A diesel fuel or ECA marine fuel manufacturer
must register with EPA under subpart I of this part.
    (3) Reporting. A diesel fuel manufacturer must submit reports to
EPA under subpart J of this part.
    (4) Certification and designation. A diesel fuel or ECA marine fuel
manufacturer must certify and designate the diesel fuel or ECA marine
fuel they produce under subpart K of this part. A distillate global
marine fuel manufacturer must designate the distillate global marine
fuel they produce under subpart K of this part.
    (5) PTDs. On each occasion when a diesel fuel or IMO marine fuel
manufacturer transfers custody or title to any diesel fuel or IMO
marine fuel, the transferor must provide to the transferee PTDs under
subpart L of this part.
    (6) Sampling, testing, and retention requirements. A diesel fuel or
ECA marine fuel manufacturer must conduct sampling, testing, and sample
retention in accordance with subpart N of this part.
    (7) Surveys. A diesel fuel manufacturer may participate in
applicable fuel surveys under subpart O of this part.
    (8) Distillate global marine fuel manufacturers. A distillate
global marine fuel manufacturer does not need to comply with the
requirements of paragraphs (b)(1) through (3), and (6) of this section
for global marine fuel that is exempt from the standards in subpart D
of this part, as specified in Sec.  1090.650.

Sec.  1090.110  Detergent blenders.

    A detergent blender must comply with the requirements of this
section.
    (a) Gasoline standards. A detergent blender must comply with the
applicable requirements of subpart C of this part.
    (b) PTDs. On each occasion when a detergent blender transfers
custody of or title to any fuel, fuel additive, or regulated
blendstock, the transferor must provide to the transferee PTDs under
subpart L of this part.
    (c) Recordkeeping. A detergent blender must demonstrate compliance
with the requirements in Sec.  1090.260(a) as specified in Sec.
1090.1240.
    (d) Equipment calibration. A detergent blender at an automated

detergent blending facility must calibrate their detergent blending
equipment in accordance with subpart N of this part.

Sec.  1090.115  Oxygenate blenders.

    An oxygenate blender must comply with the requirements of this
section.
    (a) Gasoline standards. An oxygenate blender must comply with the
applicable requirements of subpart C of this part.
    (b) Registration. An oxygenate blender must register with EPA under
subpart I of this part.
    (c) PTDs. On each occasion when an oxygenate blender transfers
custody or title to any fuel, fuel additive, or regulated blendstock,
the transferor must provide to the transferee PTDs under subpart L of
this part.
    (d) Oxygenate blending requirements. An oxygenate blender must
follow the blending instructions specified by the gasoline manufacturer
under Sec.  1090.710(a)(5) unless the oxygenate blender recertifies
BOBs under Sec.  1090.740.

Sec.  1090.120  Oxygenate producers.

    This section provides an overview of general requirements
applicable to an oxygenate producer (e.g., a DFE or isobutanol
producer). A DFE producer must comply with the requirements for an
oxygenate producer in paragraph (a) of this section and the additional
requirements specified in paragraph (b) of this section.
    (a) Oxygenate producers. An oxygenate producer must comply with the
following requirements:
    (1) Gasoline standards. An oxygenate producer must comply with the
applicable requirements of subpart C of this part.
    (2) Registration. An oxygenate producer must register with EPA
under subpart I of this part.
    (3) Reporting. An oxygenate producer must submit reports to EPA
under subpart J of this part.
    (4) Certification and designation. An oxygenate producer must
certify and designate the oxygenate they produce under subpart K of
this part.
    (5) PTDs. On each occasion when an oxygenate producer transfers
custody or title to any fuel, fuel additive, or regulated blendstock,
the transferor must provide to the transferee PTDs under subpart L of
this part.
    (6) Sampling, testing, and retention requirements. An oxygenate
producer must conduct sampling, testing, and sample retention in
accordance with subpart N of this part.
    (b) DFE producers. In addition to the requirements specified in
paragraph (a) of this section, a DFE producer must meet all the
following requirements:
    (1) Use denaturant that complies with the requirements specified in
Sec. Sec.  1090.270(b) and 1090.275.
    (2) Participate in a survey program conducted by an independent
surveyor under subpart O of this part if the DFE producer produces DFE
made available for use in the production of E15.

Sec.  1090.125  Certified butane producers.

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

Sec.  1090.130  Certified butane blenders.

    A certified butane blender that blends certified butane into PCG is
a gasoline manufacturer that may comply with the requirements of this
section in lieu of the requirements in Sec.  1090.105.
    (a) Gasoline standards. A certified butane blender must comply with
the applicable requirements of subpart C of this part.
    (b) Registration. A certified butane blender must register with EPA
under subpart I of this part.
    (c) Reporting. A certified butane blender must submit reports to
EPA under subpart J of this part.
    (d) PTDs. When certified butane is blended with PCG, PTDs that
accompany the gasoline blended with certified butane must comply with
subpart L of this part.
    (e) Sampling and testing requirements. A certified butane blender
must comply with the alternative sampling and testing approach in Sec.
1090.1320(b).
    (f) Survey. A certified butane blender may participate in the
applicable fuel surveys of subpart O of this part.
    (g) Annual attest engagement. A certified butane blender must
submit annual attest engagement reports to EPA under subpart S of this
part.

Sec.  1090.135  Certified pentane producers.

    A certified pentane producer must comply with the requirements of
this section.
    (a) Gasoline standards. A certified pentane producer must comply
with the applicable requirements of subpart C of this part.
    (b) Registration. A certified pentane producer must register with
EPA under subpart I of this part.
    (c) Reporting. A certified pentane producer must submit reports to
EPA under subpart J of this part.
    (d) Certification and designation. A certified pentane producer
must certify and designate the certified pentane they produce under
subpart K of this part.
    (e) PTDs. On each occasion when a certified pentane producer
transfers custody of or title to any certified pentane, the transferor
must provide to the transferee PTDs under subpart L of this part.
    (f) Sampling, testing, and retention requirements. A certified
pentane producer must conduct sampling, testing, and sample retention
in accordance with subpart N of this part.

Sec.  1090.140  Certified pentane blenders.

    A certified pentane blender that blends certified pentane into PCG
is a gasoline manufacturer that may comply with the requirements of
this section in lieu of the requirements in Sec.  1090.105.
    (a) Gasoline standards. A certified pentane blender must comply
with the applicable requirements of subpart C of this part.
    (b) Registration. A certified pentane blender must register with
EPA under subpart I of this part.
    (c) Reporting. A certified pentane blender must submit reports to
EPA under subpart J of this part.
    (d) PTDs. When certified pentane is blended with PCG, PTDs that
accompany the gasoline blended with pentane must comply with subpart L
of this part.
    (e) Sampling, testing, and retention requirements. A certified
pentane blender must comply with the alternative sampling and testing
approach in Sec.  1090.1320(b).
    (f) Survey. A certified pentane blender may participate in the
applicable fuel surveys of subpart O of this part.
    (g) Annual attest engagement. A certified pentane blender must
submit annual attest engagement reports to EPA under subpart S of this
part.

Sec.  1090.145  Transmix processors.

    A transmix processor must comply with the requirements of this
section.
    (a) Transmix requirements. A transmix processor must comply with

the transmix requirements of subpart F of this part.
    (b) Registration. A transmix processor must register with EPA under
subpart I of this part.
    (c) Certification and designation. A transmix processor must
certify and designate the fuel they produce under subpart K of this
part.
    (d) PTDs. On each occasion when a transmix processor produces a
batch of fuel or transfers custody of or title to any fuel, fuel
additive, or regulated blendstock, the transferor must provide to the
transferee PTDs under subpart L of this part.
    (e) Sampling, testing, and retention requirements. A transmix
processor must conduct sampling, testing, and sample retention in
accordance with subparts F and N of this part.
    (f) Reporting. A transmix processor must submit reports to EPA
under subpart J of this part.
    (g) Annual attest engagement. A transmix processor must submit
annual attest engagement reports to EPA under subpart S of this part.

Sec.  1090.150  Transmix blenders.

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

Sec.  1090.155  Fuel additive manufacturers.

    This section provides an overview of general requirements
applicable to a fuel additive manufacturer. A gasoline additive
manufacturer must comply with the requirements of paragraph (a) of this
section. A diesel fuel additive manufacturer must comply with the
requirements of paragraph (b) of this section. A certified ethanol
denaturant producer must comply with the requirements of paragraph (c)
of this section.
    (a) Gasoline additive manufacturers. A gasoline additive
manufacturer must meet the following requirements:
    (1) Gasoline additive standards. A gasoline additive manufacturer
must produce gasoline additives that comply with subpart C of this
part.
    (2) Certification. A gasoline additive manufacturer must certify
the gasoline additives they produce under subpart K of this part.
    (3) PTDs. On each occasion when a gasoline additive manufacturer
transfers custody of or title to any gasoline additive, the transferor
must provide to the transferee PTDs under subpart L of this part.
    (4) Gasoline detergent manufacturers. A gasoline detergent
manufacturer must comply with the following requirements:
    (i) Part 79 registration and LAC determination. A gasoline
detergent manufacturer must register gasoline detergent(s) under 40 CFR
79.21 at a concentration that is greater than or equal to the LAC
reported by the gasoline detergent manufacturer under 40 CFR 79.21(j).
Note: EPA provides a list on EPA's website of detergents that have been
certified by the gasoline detergent manufacturer as meeting the deposit
control requirement (Search for ``List of Certified Detergent
Additives'').
    (ii) Gasoline detergent standards. Report the LAC determined under
Sec.  1090.260(b) and provide specific composition information as part
of the gasoline detergent manufacturer's registration of the detergent
under 40 CFR 79.21(j).
    (iii) PTDs. On each occasion when a gasoline detergent manufacturer
transfers custody of or title to any gasoline detergent, the transferor
must provide to the transferee PTDs under subpart L of this part.
    (iv) Sampling, testing, and retention requirements. A gasoline
detergent manufacturer that registers detergents must conduct sampling,
testing, and sample retention in accordance with subpart N of this
part.
    (b) Diesel fuel additive manufacturers. A diesel fuel additive
manufacturer must meet the following requirements:
    (1) Diesel fuel additive standards. A diesel fuel additive
manufacturer must produce diesel fuel additives that comply with
subpart D of this part.
    (2) Certification. A diesel fuel additive manufacturer must certify
the diesel fuel additives they produce under subpart K of this part.
    (3) PTDs. On each occasion when a diesel fuel additive manufacturer
transfers custody of or title to any diesel additive, the transferor
must provide to the transferee PTDs under subpart L of this part.
    (c) Certified ethanol denaturant producers and importers. A
certified ethanol denaturant producer or importer must meet the
following requirements:
    (1) Certification. A certified ethanol denaturant producer or
importer must certify that certified ethanol denaturant meets the
requirements in Sec.  1090.275 using the procedures specified at Sec.
1090.1000(g).
    (2) Registration. A certified ethanol denaturant producer or
importer must register with EPA under subpart I of this part.
    (3) PTDs. On each occasion when a certified ethanol denaturant
producer transfers custody or title to any fuel, fuel additive, or
regulated blendstock, the transferor must provide to the transferee
PTDs under subpart L of this part.

Sec.  1090.160  Distributors, carriers, and resellers.

    A distributor, carrier, or reseller must comply with the
requirements of this section.
    (a) Gasoline and diesel standards. A distributor, carrier, or
reseller must comply with the applicable requirements of subparts C and
D of this part.
    (b) Registration. A distributor or carrier must register with EPA
under subpart I of this part if they are part of the 500 ppm LM diesel
fuel distribution chain under a compliance plan submitted under Sec.
1090.515(g).
    (c) PTDs. On each occasion when a distributor, carrier, or reseller
transfers custody or title to any fuel, fuel additive, or regulated
blendstock, the transferor must provide to the transferee PTDs under
subpart L of this part.

Sec.  1090.165  Retailers and WPCs.

    A retailer or WPC must comply with the requirements of this
section.
    (a) Gasoline and diesel standards. A retailer or WPC must comply
with the applicable requirements of subparts C and D of this part.
    (b) Labeling. A retailer or WPC that dispenses fuels requiring a
label under this part must display fuel labels under subpart P of this
part.
    (c) Fuels made through fuel dispensers. A retailer or WPC that
produces gasoline (e.g., E15) through a fuel dispenser with anything
other than PCG and DFE is also a blending manufacturer and must comply
with the applicable requirements in Sec.  1090.105.

Sec.  1090.170  Independent surveyors.

    An independent surveyor that conducts fuel surveys must comply with
the requirements of this section.
    (a) Survey provisions. An independent surveyor must conduct fuel
surveys under subpart O of this part.
    (b) Registration. An independent surveyor must register with EPA
under subpart I of this part.
    (c) Reporting. An independent surveyor must submit reports to EPA
under subpart J of this part.

    (d) Sampling, testing, and retention requirements. An independent
surveyor must conduct sampling, testing, and sample retention in
accordance with subpart N of this part.
    (e) Independence requirements. In order to perform a survey program
under subpart O of this part, an independent surveyor must meet the
independence requirements in Sec.  1090.55.

Sec.  1090.175  Auditors.

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

Sec.  1090.180  Pipeline operators.

    A pipeline operator must comply with the requirements of this
section.
    (a) Gasoline and diesel standards. A pipeline operator must comply
with the applicable requirements of subparts C and D of this part.
    (b) PTDs. On each occasion when a pipeline operator transfers
custody or title to any fuel, fuel additive, or regulated blendstock,
the transferor must provide to the transferee PTDs under subpart L of
this part.
    (c) Transmix requirements. A pipeline operator must comply with all
applicable requirements in subpart F of this part.

Subpart C--Gasoline Standards

Sec.  1090.200  Overview and general requirements.

    (a) Except as specified in subpart G of this part, gasoline,
gasoline additives, and gasoline regulated blendstocks are subject to
the standards in this subpart.
    (b) Except for the sulfur average standard in Sec.  1090.205(a) and
the benzene average standards in Sec.  1090.210(a) and (b), the
standards in this part apply to gasoline, gasoline additives, and
gasoline regulated blendstocks on a per-gallon basis. A gasoline
manufacturer, gasoline additive manufacturer (e.g., an oxygenate or
certified ethanol denaturant producer), or gasoline regulated
blendstock producer (e.g., a certified butane or certified pentane
producer) must demonstrate compliance with the per-gallon standards in
this subpart by measuring fuel parameters in accordance with subpart N
of this part.
    (c)(1) Except as specified in paragraph (c)(2) of this section, the
sulfur average standard in Sec.  1090.205(a) and the benzene average
standards in Sec.  1090.210(a) and (b) apply to all gasoline produced
or imported by a fuel manufacturer during a compliance period. A fuel
manufacturer must demonstrate compliance with average standards by
measuring fuel parameters in accordance with subpart N of this part and
by determining compliance under subpart H of this part.
    (2) The sulfur average standard in Sec.  1090.205(a) and the
benzene average standards in Sec.  1090.210(a) and (b) do not apply to
gasoline produced by the following:
    (i) Truck and rail importers using the provisions of Sec.
1090.1610 to meet the alternative per-gallon standards of Sec. Sec.
1090.205(d) and 1090.210(c).
    (ii) Certified butane blenders.
    (iii) Certified pentane blenders.
    (iv) Transmix blenders.
    (v) Transmix processors that produce gasoline from only TGP or both
TGP and PCG.
    (d) No person may produce, import, sell, offer for sale,
distribute, offer to distribute, supply, offer for supply, dispense,
store, transport, or introduce into commerce any gasoline, gasoline
additive, or gasoline regulated blendstock that does not comply with
any per-gallon standard set forth in this subpart.
    (e) No person may sell, offer for sale, supply, offer for supply,
dispense, transport, or introduce into commerce for use as fuel in any
motor vehicle (as defined in Section 216(2) of the Clean Air Act, 42
U.S.C. 7550(2)) any gasoline that is produced with the use of additives
containing lead, that contains more than 0.05 gram of lead per gallon,
or that contains more than 0.005 grams of phosphorous per gallon.
    (f) No fuel or fuel additive manufacturer may introduce into
commerce gasoline or gasoline additives (including oxygenates) that are
not ``substantially similar'' under 42 U.S.C. 7545(f)(1) or permitted
under a waiver granted under 42 U.S.C. 7545(f)(4).

Sec.  1090.205  Sulfur standards.

    Except as specified in subpart G of this part, all gasoline is
subject to the following sulfur standards:
    (a) Sulfur average standard. A gasoline manufacturer must meet a
sulfur average standard of 10.00 ppm for each compliance period.
    (b) Fuel manufacturing facility gate sulfur per-gallon standard.
Gasoline at any fuel manufacturing facility gate is subject to a
maximum sulfur per-gallon standard of 80 ppm. A gasoline manufacturer
must not account for the downstream addition of oxygenates in
determining compliance with this standard.
    (c) Downstream location sulfur per-gallon standard. Gasoline at any
downstream location is subject to a maximum sulfur per-gallon standard
of 95 ppm.
    (d) Sulfur standard for importers that import gasoline by rail or
truck. (1) An importer that imports gasoline by rail or truck under
Sec.  1090.1610 must comply with a maximum sulfur per-gallon standard
of 10 ppm instead of the standards in paragraphs (a) through (c) of
this section.
    (2) An importer that imports gasoline by rail or truck but does not
comply with the alternative sampling and testing requirements in Sec.
1090.1610 must conduct sampling, testing, and sample retention in
accordance with subpart N of this part and comply with the sulfur
standards in paragraphs (a) and (b) of this section.

Sec.  1090.210  Benzene standards.

    Except as specified in subpart G of this part, all gasoline is
subject to the following benzene standards:
    (a) Benzene average standard. A gasoline manufacturer must meet a
benzene average standard of 0.62 volume percent for each compliance
period.
    (b) Maximum benzene average standard. A gasoline manufacturer must
meet a maximum benzene average standard of 1.30 volume percent without
the use of credits for each compliance period.
    (c) Benzene standard for importers that import gasoline by rail or
truck. (1) An importer that imports gasoline by rail or truck under
Sec.  1090.1610 must comply with a 0.62 volume percent benzene per-
gallon standard instead of the standards in paragraphs (a) and (b) of
this section.
    (2) An importer that imports gasoline by rail or truck that does
not comply with the alternative sampling and testing requirements in
Sec.  1090.1610 must conduct sampling, testing, and sample retention in
accordance with subpart N of this part and comply with the benzene
standards in paragraphs (a) and (b) of this section.

Sec.  1090.215  Gasoline RVP standards.

    Except as specified in subpart G of this part and paragraph (c) of
this section, all gasoline designated as summer gasoline or located at
any location in the United States during the summer season is subject
to a maximum RVP per-gallon standard in this section.
    (a)(1) Federal 9.0 psi maximum RVP per-gallon standard. Gasoline
designated as summer gasoline or located at any location in the United
States during the summer season must meet a maximum RVP per-gallon
standard of 9.0 psi unless the gasoline is subject to one of the lower
maximum RVP per-gallon standards specified in paragraphs (a)(2) through
(5) of this section.
    (2) Federal 7.8 maximum RVP per-gallon standard. Gasoline
designated as 7.8 psi summer gasoline, or located in the following
areas during the summer season, must meet a maximum RVP per-gallon
standard of 7.8 psi:

         Table 1 to Paragraph (a)(2)--Federal 7.8 psi RVP Areas
------------------------------------------------------------------------
       Area designation               State               Counties
------------------------------------------------------------------------
Denver-Boulder-Greeley-Ft.      Colorado.........  Adams Arapahoe,
 Collins-Loveland.                                  Boulder, Broomfield,
                                                    Denver, Douglas,
                                                    Jefferson, Larimer,
                                                    \1\ Weld.\2\
Reno..........................  Nevada...........  Washoe.
Portland......................  Oregon...........  Clackamas (only the
                                                    Air Quality
                                                    Maintenance Area),
                                                    Multnomah (only the
                                                    Air Quality
                                                    Maintenance Area),
                                                    Washington (only the
                                                    Air Quality
                                                    Maintenance Area).
Salem.........................  Oregon...........  Marion (only the
                                                    Salem Area
                                                    Transportation
                                                    Study), Polk (only
                                                    the Salem Area
                                                    Transportation
                                                    Study).
Beaumont-Port Arthur..........  Texas............  Hardin, Jefferson,
                                                    Orange.
Salt Lake City................  Utah.............  Davis, Salt Lake.
------------------------------------------------------------------------
\1\ That portion of Larimer County, CO that lies south of a line
  described as follows: Beginning at a point on Larimer County's eastern
  boundary and Weld County's western boundary intersected by 40 degrees,
  42 minutes, and 47.1 seconds north latitude, proceed west to a point
  defined by the intersection of 40 degrees, 42 minutes, 47.1 seconds
  north latitude and 105 degrees, 29 minutes, and 40.0 seconds west
  longitude, thence proceed south on 105 degrees, 29 minutes, 40.0
  seconds west longitude to the intersection with 40 degrees, 33 minutes
  and 17.4 seconds north latitude, thence proceed west on 40 degrees, 33
  minutes, 17.4 seconds north latitude until this line intersects
  Larimer County's western boundary and Grand County's eastern boundary.
  (Includes part of Rocky Mtn. Nat. Park.)
\2\ That portion of Weld County, CO that lies south of a line described
  as follows: Beginning at a point on Weld County's eastern boundary and
  Logan County's western boundary intersected by 40 degrees, 42 minutes,
  47.1 seconds north latitude, proceed west on 40 degrees, 42 minutes,
  47.1 seconds north latitude until this line intersects Weld County's
  western boundary and Larimer County's eastern boundary.

    (3) RFG maximum RVP per-gallon standard. Gasoline designated as
Summer RFG or located in an RFG covered area during the summer season
must meet a maximum RVP per-gallon standard of 7.4 psi.
    (4) California gasoline. Gasoline designated as California gasoline
or used in areas subject to the California reformulated gasoline
regulations must comply with those regulations under Title 13,
California Code of Regulations, sections 2250-2273.5.
    (5) SIP-controlled gasoline. Gasoline designated as SIP-controlled
gasoline or used in areas subject to a SIP-approved state fuel rule
that requires an RVP of less than 9.0 psi must meet the requirements of
the federally approved SIP.
    (b) Ethanol 1.0 psi waiver. (1) Except as specified in paragraph
(b)(3) of this section, any gasoline subject to a federal 9.0 psi or
7.8 psi maximum RVP per-gallon standard in paragraph (a)(1) or (2) of
this section that meets the requirements of paragraph (b)(2) of this
section is not in violation of this section if its RVP does not exceed
the applicable standard by more than 1.0 psi.
    (2) To qualify for the special regulatory treatment specified in
paragraph (b)(1) of this section, gasoline must meet the applicable RVP
per-gallon standard in paragraph (a)(1) or (2) of this section prior to
the addition of ethanol and must contain ethanol at a concentration of
at least 9 volume percent and no more than 15 volume percent.
    (3) RFG and SIP-controlled gasoline that does not allow for the
ethanol 1.0 psi waiver does not qualify for the special regulatory
treatment specified in paragraph (b)(1) of this section.
    (c) Exceptions. The RVP per-gallon standard in paragraph (a) of
this section for the area in which the gasoline is located does not
apply to that gasoline if the person(s) who produced, imported, sold,
offered for sale, distributed, offered to distribute, supplied, offered
for supply, dispensed, stored, transported, or introduced the gasoline
into commerce can demonstrate one of the following:
    (1) The gasoline is designated as winter gasoline and was not sold,
offered for sale, supplied, offered for supply, dispensed, or
introduced into commerce for use during the summer season and was not
delivered to any retail station or WPC during the summer season.
    (2) The gasoline is designated as summer gasoline for use in an
area other than the area in which it is located and was not sold,
offered for sale, supplied, offered for supply, dispensed, or
introduced into commerce in the area in which the gasoline is located.
In this case, the standard that applies to the gasoline is the standard
applicable to the area for which the gasoline is designated.

Sec.  1090.220  RFG standards.

    The standards in this section apply to gasoline that is designated
as RFG or RBOB or that is used in an RFG covered area. Gasoline that
meets the requirements of this section is deemed to be in compliance
with the requirements of 42 U.S.C. 7545(k).
    (a) Sulfur standards. RFG or RBOB must comply with the sulfur
average standard in Sec.  1090.205(a) and the sulfur per-gallon
standards in Sec.  1090.205(b) and (c).
    (b) Benzene standards. RFG or RBOB must comply with the benzene
average standards in Sec.  1090.210(a) and (b).
    (c) RVP standard. Summer RFG or Summer RBOB must comply with the
RFG RVP standard in Sec.  1090.215(a)(3).
    (d) Heavy metals standard. RFG or RBOB must not contain any heavy
metals, including but not limited to lead or manganese. EPA may waive
this prohibition for a heavy metal (other than lead) if EPA determines
that addition of the heavy metal to the gasoline will not increase, on
an aggregate mass or cancer-risk basis, toxic air pollutant emissions
from motor vehicles.
    (e) Certified butane and certified pentane blending limitation.
Certified

butane and certified pentane must not be blended with Summer RFG or
Summer RBOB under Sec.  1090.1320.

Sec.  1090.225  Anti-dumping standards.

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

Sec.  1090.230  Limitation on use of gasoline-ethanol blends.

    (a) No person may sell, introduce, cause or permit the sale or
introduction of gasoline containing greater than 10 volume percent
ethanol (e.g., E15) into any model year 2000 or older light-duty
gasoline motor vehicle, any heavy-duty gasoline motor vehicle or
engine, any highway or off-highway motorcycle, or any gasoline-powered
nonroad engine, vehicle, or equipment.
    (b) Paragraph (a) of this section does not prohibit a person from
producing, selling, introducing, or causing or allowing the sale or
introduction of gasoline containing greater than 10 volume percent
ethanol into any flex-fuel vehicle or flex-fuel engine.

Sec.  1090.250  Certified butane standards.

    Butane designated as certified butane under Sec.  1090.1000(e) for
use under the butane blending provisions of Sec.  1090.1320(b) must
meet the following per-gallon standards:
    (a) Butane content. Minimum 85 volume percent.
    (b) Benzene content. Maximum 0.03 volume percent.
    (c) Sulfur content. Maximum 10 ppm.
    (d) Chemical composition. Be composed solely of carbon, hydrogen,
oxygen, nitrogen, and sulfur.

Sec.  1090.255  Certified pentane standards.

    Pentane designated as certified pentane under Sec.  1090.1000(f)
for use under the pentane blending provisions of Sec.  1090.1320(b)
must meet the following per-gallon standards:
    (a) Pentane content. Minimum 95 volume percent.
    (b) Benzene content. Maximum 0.03 volume percent.
    (c) Sulfur content. Maximum 10 ppm.
    (d) Chemical composition. Be composed solely of carbon, hydrogen,
oxygen, nitrogen, and sulfur.

Sec.  1090.260  Gasoline deposit control standards.

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

Sec.  1090.265  Gasoline additive standards.

    (a) Any gasoline additive that is added to, intended for adding to,
used in, or offered for use in gasoline at any downstream location must
meet all the following requirements:
    (1) Registration. The gasoline additive must be registered by a
gasoline additive manufacturer under 40 CFR part 79.
    (2) Sulfur content. The gasoline additive must contribute less than
or equal to 3 ppm on a per-gallon basis to the sulfur content of
gasoline when used at the maximum recommended concentration.
    (3) Treatment rate. Except for oxygenates, the gasoline additive(s)
must be used at a maximum treatment rate less than or equal to a
combined total of 1.0 volume percent.
    (b) Any fuel additive blender that is not otherwise subject to any
other requirement in this part and only blends a gasoline additive that
meets the requirements of paragraph (a) of this section into gasoline
is not subject to any requirement in this part solely due to this
gasoline additive blending, except the downstream sulfur per-gallon
standard in Sec.  1090.205(c), if all the following conditions are met:
    (1) The fuel additive blender blends gasoline additives into
gasoline at a concentration less than or equal to a combined total of
1.0 volume percent.
    (2) The fuel additive blender does not add any other blendstock
into the gasoline except for oxygenates that meet the requirements in
Sec.  1090.270.
    (c) Any person who blends any fuel additive that does not meet the
requirements of paragraphs (a) and (b) of this section is a gasoline
manufacturer and must comply with all requirements applicable to a
gasoline manufacturer under this part.
    (d) Any gasoline additive used or intended for use to comply with
the gasoline deposit control requirement in Sec.  1090.260(a) must meet
the gasoline deposit control standards under Sec.  1090.260(b).

Sec.  1090.270  Gasoline oxygenate standards.

    (a) All oxygenates designated for blending with gasoline or blended
with gasoline must meet the following per-gallon standards:
    (1) Sulfur content. Maximum 10 ppm.
    (2) Chemical composition. Be composed solely of carbon, hydrogen,
oxygen, nitrogen, and sulfur.
    (b) DFE designated for blending into gasoline or blended with
gasoline must meet the following additional requirements:
    (1) Denaturant type. Only PCG, gasoline blendstocks, NGLs, or
certified ethanol denaturant that meets the requirements in Sec.
1090.275 may be used as denaturants.
    (2) Denaturant concentration. The concentration of all denaturants
used in DFE must not exceed 3.0 volume percent.

Sec.  1090.275  Ethanol denaturant standards.

    (a) Standard for all ethanol denaturant. All ethanol denaturant,
certified or uncertified, used to produce DFE must be composed solely
of carbon, hydrogen, nitrogen, oxygen, and sulfur.
    (b) Standards for certified ethanol denaturant. In addition to the
requirements of paragraph (a) of this section, certified ethanol
denaturant must meet the following requirements:
    (1) Sulfur content per-gallon standard. Maximum 330 ppm. If the
certified ethanol denaturant producer represents a batch of denaturant
as having a maximum sulfur content less than 330 ppm on the PTD (for
example, less than or equal to 120 ppm), then the actual sulfur content
must be less than or equal to the stated value.
    (2) Denaturant type. Only PCG, gasoline blendstocks, or NGLs may be
used to produce certified ethanol denaturant.

Sec.  1090.285  RFG covered areas.

    For purposes of this part, the RFG covered areas are as follows:

    (a) RFG covered areas specified in 42 U.S.C. 7545(k)(10)(D):

                   Table 1 to Paragraph (a)--RFG Covered Areas Under 42 U.S.C. 7545(k)(10)(D)
----------------------------------------------------------------------------------------------------------------
          Area designation                    State                    Counties             Independent cities
----------------------------------------------------------------------------------------------------------------
Los Angeles-Anaheim-Riverside......  California............  Los Angeles, Orange,
                                                              Ventura, San
                                                              Bernardino,\1\ Riverside
                                                              \2\.
San Diego County...................  California............  San Diego..................
Greater Connecticut................  Connecticut...........  Hartford, Middlesex, New
                                                              Haven, New London,
                                                              Tolland, Windham,
                                                              Fairfield (only the City
                                                              of Shelton), Litchfield
                                                              (all except the towns of
                                                              Bridgewater and New
                                                              Milford).
New York-Northern New Jersey-Long    Connecticut...........  Fairfield (all except the
 Island-Connecticut.                                          City of Shelton),
                                                              Litchfield (only the towns
                                                              of Bridgewater and New
                                                              Milford).
                                     New Jersey............  Bergen, Essex, Hudson,
                                                              Hunterdon, Middlesex,
                                                              Monmouth, Morris, Ocean,
                                                              Passaic, Somerset, Sussex,
                                                              Union.
                                     New York..............  Bronx, Kings, Nassau, New
                                                              York, Orange, Putnam,
                                                              Queens, Richmond,
                                                              Rockland, Suffolk,
                                                              Westchester.
Philadelphia-Wilmington-Trenton....  Delaware..............  Kent, New Castle...........
                                     Maryland..............  Cecil......................
                                     New Jersey............  Burlington, Camden,
                                                              Cumberland, Gloucester,
                                                              Mercer, Salem.
                                     Pennsylvania..........  Bucks, Chester, Delaware,
                                                              Montgomery, Philadelphia.
Chicago-Gary-Lake County...........  Illinois..............  Cook, Du Page, Kane, Lake,
                                                              McHenry, Will, Grundy
                                                              (only Aux Sable Township
                                                              and Goose Lake Township),
                                                              Kendall (only Oswego
                                                              Township).
                                     Indiana...............  Lake, Porter...............
Baltimore..........................  Maryland..............  Anne Arundel, Baltimore,     Baltimore.
                                                              Carroll, Harford, Howard.
Houston-Galveston-Brazoria.........  Texas.................  Brazoria, Chambers, Fort
                                                              Bend, Galveston, Harris,
                                                              Liberty, Montgomery,
                                                              Waller.
Milwaukee-Racine...................  Wisconsin.............  Kenosha, Milwaukee,
                                                              Ozaukee, Racine,
                                                              Washington, Waukesha.
----------------------------------------------------------------------------------------------------------------
\1\ That portion of San Bernardino County, CA that lies south of latitude 35 degrees, 10 minutes north and west
  of longitude 115 degrees, 45 minutes west.
\2\ That portion of Riverside County, CA that lies to the west of a line described as follows: Beginning at the
  northeast corner of Section 4, Township 2 South, Range 5 East, a point on the boundary line common to
  Riverside and San Bernardino Counties; then southerly along section lines to the centerline of the Colorado
  River Aqueduct; then southeasterly along the centerline of said Colorado River Aqueduct to the southerly line
  of Section 36, Township 3 South, Range 7 East; then easterly along the township line to the northeast corner
  of Section 6, Township 4 South, Range 9 East; then southerly along the easterly line of Section 6 to the
  southeast corner thereof; then easterly along section lines to the northeast corner of Section 10, Township 4
  South, Range 9 East; then southerly along section lines to the southeast corner of Section 15, Township 4
  South, Range 9 East; then easterly along the section lines to the northeast corner of Section 21, Township 4
  South, Range 10 East; then southerly along the easterly line of Section 21 to the southeast corner thereof;
  then easterly along the northerly line of Section 27 to the northeast corner thereof; then southerly along
  section lines to the southeast corner of Section 34, Township 4 South, Range 10 East; then easterly along the
  township line to the northeast corner of Section 2, Township 5 South, Range 10 East; then southerly along the
  easterly line of Section 2, to the southeast corner thereof; then easterly along the northerly line of Section
  12 to the northeast corner thereof; then southerly along the range line to the southwest corner of Section 18,
  Township 5 South, Range 11 East; then easterly along section lines to the northeast corner of Section 24,
  Township 5 South, Range 11 East; and then southerly along the range line to the southeast corner of Section
  36, Township 8 South, Range 11 East, a point on the boundary line common to Riverside and San Diego Counties.

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

              Table 2 to Paragraph (b)--Additional RFG Covered Areas Under 42 U.S.C. 7545(k)(10)(D)
----------------------------------------------------------------------------------------------------------------
          Area designation              State or district              Counties             Independent cities
----------------------------------------------------------------------------------------------------------------
Washington, DC-Maryland-Virginia...  District of Columbia..  Washington.................
                                     Maryland..............  Calvert, Charles,
                                                              Frederick, Montgomery,
                                                              Prince George's.
                                     Virginia..............  Arlington, Fairfax,          Alexandria, Fairfax,
                                                              Loudoun, Prince William,     Falls Church,
                                                              Stafford.                    Manassas, Manassas
                                                                                Park.
Sacramento Metro...................  California............  Sacramento, Yolo, El Dorado
                                                              (except Lake Tahoe and its
                                                              drainage area), Placer,
                                                              \1\ Solano, \2\ Sutter \3\.

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

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

                  Table 3 to Paragraph (c)--RFG Covered Areas Under 42 U.S.C. 7545(k)(6)(A)(i)
----------------------------------------------------------------------------------------------------------------
Area designation at the time of opt-
                 in                           State                    Counties             Independent cities
----------------------------------------------------------------------------------------------------------------
Sussex County......................  Delaware..............  Sussex.....................
St. Louis, Missouri-Illinois.......  Illinois..............  Jersey, Madison, Monroe,     ......................
                                                              St. Clair.
                                     Missouri..............  Franklin, Jefferson, St.     St. Louis.
                                                              Charles, St. Louis.
Kentucky portion of Louisville.....  Kentucky..............  Jefferson, Bullitt,\1\
                                                              Oldham \2\.
Kent and Queen Anne's Counties.....  Maryland..............  Kent, Queen Anne's.........
Statewide..........................  Massachusetts.........  All........................
Strafford, Merrimack, Hillsborough,  New Hampshire.........  Hillsborough, Merrimack,
 Rockingham Counties.                                         Rockingham, Strafford.
Atlantic City......................  New Jersey............  Atlantic, Cape May.........
New Jersey portion of Allentown-     New Jersey............  Warren.....................
 Bethlehem-Easton.
Dutchess County....................  New York..............  Dutchess...................
Essex County.......................  New York..............  Essex (the portion of
                                                              Whiteface Mountain above
                                                              4,500 feet in elevation).
Statewide..........................  Rhode Island..........  All........................
Dallas-Fort Worth..................  Texas.................  Collin, Dallas, Denton,
                                                              Tarrant.
Norfolk-Virginia Beach, Newport      Virginia..............  James City, York...........  Chesapeake, Hampton,
 News (Hampton Roads).                                                                     Newport News,
                                                                                Norfolk, Poquoson,
                                                                                Portsmouth, Suffolk,
                                                                                Virginia Beach,
                                                                                Williamsburg.

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

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

       Table 4 to Paragraph (d)--RFG Covered Areas Under 42 U.S.C.
                           7545(k)(6)(B)(i)(I)
------------------------------------------------------------------------
               State                              Counties
------------------------------------------------------------------------
Maine.............................  Androscoggin, Cumberland, Kennebec,
                                     Knox, Lincoln, Sagadahoc, York.
------------------------------------------------------------------------

Sec.  1090.290  Changes to RFG covered areas and procedures for opting
out of RFG.

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

criteria in paragraph (c) of this section, from the list of RFG covered
areas in Sec.  1090.285 if it meets the requirements of paragraph
(d)(1) of this section. If EPA approves such a request, an effective
date will be set as specified in paragraph (d)(2) of this section. EPA
will notify the state in writing of EPA's action on the request and the
effective date of the removal when the request is approved.
    (1) An opt-out request must be signed by the governor of a state,
or the governor's authorized representative, and must include all the
following:
    (i) A geographic description of each RFG area (or portion of each
RFG area) that is covered by the request.
    (ii) A description of all the means in which emissions reductions
from RFG are relied upon in any approved SIP or any submitted SIP that
has not yet been approved by EPA.
    (iii) For an RFG area covered by the request where emissions
reductions from RFG are relied upon as specified in paragraph
(d)(1)(ii) of this section, the request must include all the following
information:
    (A) Identify whether the state is withdrawing any submitted SIP
that has not yet been approved.
    (B)(1) Identify whether the state intends to submit a SIP revision
to any approved SIP or any submitted SIP that has not yet been
approved, which relies on emissions reductions from RFG, and describe
any control measures that the state plans to submit to EPA for approval
to replace the emissions reductions from RFG.
    (2) A description of the state's plans and schedule for adopting
and submitting any revision to any approved SIP or any submitted SIP
that has not yet been approved.
    (C) If the state is not withdrawing any submitted SIP that has not
yet been approved and does not intend to submit a revision to any
approved SIP or any submitted SIP that has not yet been approved,
describe why no revision is necessary.
    (iv) The governor of a state, or the governor's authorized
representative, must submit additional information upon request by EPA.
    (2)(i) Except as specified in paragraph (d)(2)(ii) of this section,
EPA will set an effective date of the RFG opt-out as requested by the
governor, or the governor's authorized representative, but no less than
90 days from EPA's written notification to the state approving the RFG
opt-out request.
    (ii) Where emissions reductions from RFG are included in an
approved SIP or any submitted SIP that has not yet been approved, other
than as a contingency measure consisting of a future opt-in to RFG, EPA
will set an effective date of the RFG opt-out as requested by the
governor, or the governor's authorized representative, but no less than
90 days from the effective date of EPA approval of the SIP revision
that removes the emissions reductions from RFG, and, if necessary,
provides emissions reductions to make up for those from RFG opt-out.
    (iii) Notwithstanding the provisions of paragraphs (d)(2)(i) and
(ii) of this section, for an area in the ozone transport region that
opted into RFG under 42 U.S.C. 7545(k)(6)(B), EPA will not set the
effective date for removal of the area earlier than 4 years after the
commencement date of opt-in.
    (4) EPA will publish a notice in the Federal Register announcing
the approval of an RFG opt-out request and its effective date.
    (5) Upon the effective date for the removal of an RFG area (or
portion of an RFG area) included in an approved request, such
geographic area will no longer be considered an RFG covered area.
    (e) Revising list of RFG covered areas. EPA will periodically
publish a final rule revising the list of RFG covered areas in Sec.
1090.285.

Sec.  1090.295  Procedures for relaxing the federal 7.8 psi RVP
standard.

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

subject to the federal 7.8 psi RVP standard in Sec.  1090.215(a)(2).

Subpart D--Diesel Fuel and ECA Marine Fuel Standards

Sec.  1090.300  Overview and general requirements.

    (a) Diesel fuel is subject to the ULSD standards in Sec.  1090.305,
except as follows:
    (1) Alternative sulfur standards apply for 500 ppm LM diesel fuel
and ECA marine fuel as specified in Sec. Sec.  1090.320 and 1090.325,
respectively.
    (2) Exemption provisions apply as specified in subpart G of this
part.
    (b) Diesel fuel additives must meet the requirements in Sec.
1090.310.
    (c) A diesel fuel manufacturer or diesel fuel additive manufacturer
must demonstrate compliance with the standards in this subpart by
measuring fuel parameters in accordance with subpart N of this part.
    (d) All the standards in this part apply to diesel fuel and diesel
fuel additives on a per-gallon basis.
    (e)(1) No person may produce, import, sell, offer for sale,
distribute, offer to distribute, supply, offer for supply, dispense,
store, transport, or introduce into commerce any diesel fuel, ECA
marine fuel, or diesel fuel additive that does not meet any standard
set forth in this subpart.
    (2) Notwithstanding paragraph (e)(1) of this section, an importer
may import diesel fuel that does not comply with the standards set
forth in this subpart if all the following conditions are met:
    (i) The importer offloads the imported diesel fuel into one or more
tanks that are physically located at the same import facility at which
the imported diesel fuel first arrives in the United States or at a
facility to which the imported diesel fuel is directly transported from
the import facility at which the imported diesel fuel first arrived in
the United States.
    (ii) The importer uses the imported diesel fuel to produce one or
more new batches of diesel fuel.
    (iii) The importer certifies each new batch of diesel fuel under
Sec.  1090.1000(c) and demonstrates that it complies with the standards
in this subpart by measuring fuel parameters in accordance with subpart
N of this part before custody or title to each new batch of diesel fuel
is transferred.
    (f) No fuel or fuel additive manufacturer may introduce into
commerce diesel fuel or diesel fuel additives that are not
``substantially similar'' under 42 U.S.C. 7545(f)(1) or permitted under
a waiver granted under 42 U.S.C. 7545(f)(4).
    (g) Distillate global marine fuel that does not qualify for an
exemption under Sec.  1090.650 is subject to the standards,
requirements, and prohibitions that apply for ULSD under this part.
    (h) No person may introduce used motor oil, or used motor oil
blended with diesel fuel, into the fuel system of model year 2007 or
later diesel motor vehicles or engines or model year 2011 or later
nonroad diesel vehicles or engines (not including locomotive or marine
diesel engines).

Sec.  1090.305  ULSD standards.

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

Sec.  1090.310  Diesel fuel additives standards.

    (a) Except as specified in paragraph (b) and (c) of this section,
diesel fuel additives blended into diesel fuel that is subject to the
standards in Sec.  1090.305 must have a sulfur concentration less than
or equal to 15 ppm on a per-gallon basis.
    (b) Diesel fuel additives do not have to comply with paragraph (a)
of this section if all the following conditions are met:
    (1) The additive is added to diesel fuel in a quantity less than
1.0 volume percent of the resultant mixture of additive and diesel
fuel.
    (2) The PTD for the diesel fuel additive complies with the
requirements in Sec.  1090.1120(b).
    (3) The additive is not commercially available as a retail product
for ultimate consumers.
    (c) The provisions of this section do not apply to additives used
with 500 ppm LM diesel fuel or ECA marine fuel.

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

    Heating oil, kerosene, ECA marine fuel, and jet fuel must not be
sold for use in motor vehicles or nonroad equipment and are not subject
to the ULSD standards in Sec.  1090.305 unless also designated as ULSD
under Sec.  1090.1015(a).

Sec.  1090.320  500 ppm LM diesel fuel standards.

    (a) Overview. 500 ppm LM diesel fuel produced or distributed by a
transmix processor or pipeline operator under Sec.  1090.515 must meet
the per-gallon standards of this section.
    (b) Sulfur standard. Maximum sulfur content of 500 ppm.
    (c) Cetane index or aromatic content. The standard for cetane index
or aromatic content in Sec.  1090.305(c).

Sec.  1090.325  ECA marine fuel standards.

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

Subpart E--Reserved

Subpart F--Transmix and Pipeline Interface Provisions

Sec.  1090.500  Gasoline produced from blending transmix into PCG.

    (a) Applicability. (1) Except as specified in paragraph (a)(2) of
this section, a transmix blender that blends transmix into PCG must
comply with the requirements of this section.
    (2) Small volumes of fuel that are captured in pipeline sumps or
trapped in pipeline pumps or valve manifolds and that are injected back
into batches of gasoline or diesel fuel are exempt from the
requirements in this section.
    (b) Requirements. (1) The distillation end-point of the resultant
transmix-blended gasoline must not exceed 437 degrees Fahrenheit.
    (2) The resultant transmix-blended gasoline must meet the
downstream sulfur per-gallon standard in Sec.  1090.205(c) and the
applicable RVP standard in Sec.  1090.215.
    (3) The transmix blender must comply with the recordkeeping
requirements in Sec.  1090.1255.
    (4) The transmix blender must maintain and follow a written quality
assurance program that meets the requirements of paragraph (c) of this
section.
    (5) In the event that the test result for any sample collected
under the quality assurance program specified in

paragraph (c) of this section indicates that the gasoline does not
comply with any of the applicable standards in this part, the transmix
blender must do all the following:
    (i) Immediately take steps to stop the sale of the gasoline that
was sampled.
    (ii) Take reasonable steps to determine the cause of the
noncompliance and prevent future instances of noncompliance.
    (iii) Notify EPA of the noncompliance.
    (iv) If the transmix was blended by a computer controlled in-line
blending system, increase the rate of sampling and testing to a minimum
frequency of once per week and a maximum frequency of once per day and
continue the increased frequency of sampling and testing until the
results of 10 consecutive samples and tests indicate that the gasoline
complies with applicable standards, at which time the sampling and
testing may be conducted at the original frequency.
    (c) Quality assurance program. (1) The quality assurance program
must be designed to assure that the type and amount of transmix blended
into PCG will not cause violations of the applicable fuel quality
standards.
    (2) Except as specified in paragraph (c)(3) of this section, as a
part of the quality assurance program, a transmix blender must collect
samples of gasoline after blending transmix and test the samples to
ensure the end-point temperature of the resultant transmix-blended
gasoline does not exceed 437 degrees Fahrenheit, using one of the
following sampling methods:
    (i) For transmix that is blended in a tank (including a tank on a
barge), collect a representative sample of the resultant transmix-
blended gasoline following each occasion transmix is blended.
    (ii) For transmix that is blended by a computer controlled in-line
blending system, the transmix blender must collect composite samples of
the resultant transmix-blended gasoline at least twice each calendar
month during which transmix is blended.
    (3) Any transmix blender may petition EPA for approval of a quality
assurance program that does not include the minimum sampling and
testing requirements of paragraph (c)(2) of this section. To seek
approval for such an alternative quality assurance program, the
transmix blender must submit a petition to EPA that includes all the
following:
    (i) A detailed description of the quality assurance procedures to
be carried out at each location where transmix is blended into PCG,
including a description of how the transmix blender proposes to
determine the ratio of transmix that can be blended with PCG without
violating any of the applicable standards in this part, and a
description of how the transmix blender proposes to determine that the
gasoline produced by the transmix blending operation meets the
applicable standards.
    (ii) A letter signed by the RCO or their delegate stating that the
information contained in the submission is true to the best of their
belief must accompany the petition.
    (iii) A transmix blender that petitions EPA to use an alternative
quality assurance program must comply with any request by EPA for
additional information or any other requirements that EPA includes as
part of EPA's evaluation of the petition. However, the transmix blender
may withdraw their petition or approved use of an alternative quality
assurance program at any time, upon notice to EPA.

Sec.  1090.505  Gasoline produced from TGP.

    (a) General provisions. (1) A transmix processor or blending
manufacturer that produces gasoline from TGP must meet the requirements
of this section.
    (2) A transmix processor must not use any feedstock other than
transmix to produce TGP.
    (3) A transmix processor or blending manufacturer may produce
gasoline using only TGP, a combination of TGP and PCG, a combination of
TGP and blendstock(s), or a combination TGP, PCG, and blendstock(s)
under the provisions of this section. A transmix processor or blending
manufacturer may also blend fuel additives into gasoline in accordance
with Sec. Sec.  1090.260 and 1090.265.
    (b) Demonstration of compliance with sulfur per-gallon standard.
(1) A transmix processor or blending manufacturer that produces
gasoline with TGP must meet one of the following sulfur standards for
each batch of gasoline they produce, as applicable:
    (i) Each batch of gasoline produced from only TGP or both TGP and
PCG must comply with the downstream sulfur per-gallon standard in Sec.
1090.205(c).
    (ii) Each batch of gasoline produced from a combination of TGP and
any blendstock must comply with the fuel manufacturing facility gate
sulfur per-gallon standard in Sec.  1090.205(b).
    (2) A transmix processor or blending manufacturer that produces
gasoline with TGP must demonstrate compliance with the applicable
sulfur standard in paragraph (b)(1) of this section by measuring the
sulfur content of each batch of gasoline they produce in accordance
with subpart N of this part.
    (c) Demonstration of compliance with sulfur and benzene average
standards. (1) A transmix processor or blending manufacturer that
produces gasoline with TGP must exclude TGP and PCG used to produce
gasoline under the provisions of this section from their compliance
calculations to demonstrate compliance with the sulfur and benzene
average standards in Sec. Sec.  1090.205(a) and 1090.210(a) and (b),
respectively. A transmix processor or blending manufacturer that
exclusively produces gasoline from only TGP or both TGP and PCG is
deemed to be in compliance with the sulfur and benzene average
standards in Sec. Sec.  1090.205(a) and 1090.210(a) and (b),
respectively.
    (2) A transmix processor or blending manufacturer that produces
gasoline with TGP must include all blendstocks other than TGP and PCG
in their compliance calculations to demonstrate compliance with the
sulfur and benzene average standards in Sec. Sec.  1090.205(a) and
1090.210(a) and (b), respectively.
    (3) A transmix processor or blending manufacturer that produces
gasoline by adding blendstock to TGP must comply with Sec.  1090.1325.
    (d) Demonstration of compliance with RVP standard. A transmix
processor or blending manufacturer that produces gasoline with TGP must
demonstrate that each batch of gasoline they produce meets the
applicable RVP standard in Sec.  1090.215 by measuring the RVP of each
batch in accordance with subpart N of this part.
    (e) Distillation point determination. A transmix processor or
blending manufacturer that produces gasoline with TGP must determine
the following distillation parameters for each batch of gasoline they
produce in accordance with subpart N of this part:
    (1) T10.
    (2) T50.
    (3) T90.
    (4) End-point.
    (5) Distillation residue.

Sec.  1090.510  Diesel and distillate fuel produced from TDP.

    (a) A transmix processor must not use any feedstock other than
transmix to produce TDP.
    (b) A transmix processor must demonstrate that each batch of diesel
fuel or distillate fuel produced from TDP meets the applicable standard
in subpart D of this part and must comply with all other requirements
applicable to a diesel fuel or distillate fuel manufacturer under this
part.
    (c) A transmix processor that produces 500 ppm LM diesel fuel from

TDP must also comply with the requirements in Sec.  1090.515.

Sec.  1090.515  500 ppm LM diesel fuel produced from TDP.

    (a) Applicability. A transmix processor that produces 500 ppm LM
diesel fuel from TDP must comply with the requirements of this section
and the standards for 500 ppm LM diesel fuel specified in Sec.
1090.320.
    (b) Blending component limitation. A transmix processor may only
use the following components to produce 500 ppm LM diesel fuel:
    (1) TDP.
    (2) ULSD.
    (3) Diesel fuel additives that comply with the requirements in
Sec.  1090.310.
    (c) Volume requirements. A party that handles 500 ppm LM diesel
fuel must calculate the volume of 500 ppm LM diesel fuel received
versus the volume delivered and used on a compliance period basis. An
increase in the volume of 500 ppm LM diesel fuel delivered compared to
the volume received must be due solely to one or more of the following:
    (1) Normal pipeline interface cutting practices under paragraph
(e)(1) of this section.
    (2) The addition of ULSD to a retail outlet or WPC 500 ppm LM
diesel fuel storage tank under paragraph (e)(2) of this section.
    (d) Use restrictions. 500 ppm LM diesel fuel may only be used in
locomotive or marine engines that are not required to use ULSD under 40
CFR 1033.815 or 40 CFR 1042.660, respectively. No person may use 500
ppm LM diesel fuel in locomotive or marine engines that are required to
use ULSD, in any nonroad vehicle or engine, or in any motor vehicle
engine.
    (e) Segregation requirement. A transmix processor or distributor
must segregate 500 ppm LM diesel fuel from other fuels except as
follows:
    (1) A pipeline operator may ship 500 ppm LM diesel fuel by pipeline
provided that the 500 ppm LM diesel fuel does not come into physical
contact in the pipeline with distillate fuels that have a sulfur
content greater than 15 ppm. If 500 ppm LM diesel fuel is shipped by
pipeline adjacent to ULSD, the pipeline operator must cut ULSD into the
500 ppm LM diesel fuel.
    (2) A WPC or retailer of 500 ppm LM diesel fuel may introduce ULSD
into a storage tank that contains 500 ppm LM diesel fuel, provided that
the other requirements of this section are satisfied. The resultant
mixture must be designated as 500 ppm LM diesel fuel.
    (f) Party limit. No more than 4 separate parties may handle the 500
ppm LM diesel fuel between the producer and the ultimate consumer.
    (g) Compliance plan. For each facility, a transmix processor that
produces 500 ppm LM diesel fuel must obtain approval from EPA for a
compliance plan at least 60 days prior to producing 500 ppm LM diesel
fuel. The compliance plan must detail how the transmix processor
intends to meet all the following requirements:
    (1) Demonstrate how the 500 ppm LM diesel fuel will be segregated
by the producer through to the ultimate consumer from fuel having other
designations in order to comply with the segregation requirement in
paragraph (e) of this section.
    (2) Demonstrate that the end users of 500 ppm LM diesel fuel will
also have access to ULSD for use in those engines that require ULSD.
    (3) Identify the parties that will handle the 500 ppm LM diesel
fuel through to the ultimate consumer.
    (4) Identify all ultimate consumers that will be supplied with the
500 ppm LM diesel fuel.
    (5) Demonstrate how misfueling of 500 ppm LM diesel fuel into
vehicles, engines, or equipment that require the use of ULSD will be
prevented.
    (6) Include an EPA registration number.

Sec.  1090.520  Handling practices for pipeline interface that is not
transmix.

    (a) Subject to the limitations in paragraph (b) of this section, a
pipeline operator may cut pipeline interface from two batches of
gasoline subject to EPA standards that are shipped adjacent to each
other by pipeline into either or both these batches of gasoline
provided that this action does not cause or contribute to a violation
of the standards in this part.
    (b) During the summer season, a pipeline operator must not cut
pipeline interface from two batches of gasoline subject to different
RVP standards that are shipped adjacent to each other by pipeline into
the gasoline batch that is subject to the more stringent RVP standard.
For example, during the summer season, a pipeline operator must not cut
pipeline interface from a batch of RFG shipped adjacent to a batch of
conventional gasoline into the batch of RFG.

Subpart G--Exemptions, Hardships, and Special Provisions

Sec.  1090.600  General provisions.

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

Sec.  1090.605  National security and military use exemptions.

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

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

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

under 42 U.S.C. 7525 or nonroad engine or nonroad vehicle under 42
U.S.C. 7546 is exempt from the provisions of this part for the fuel
they are using for emissions certification testing if they have an
exemption under 40 CFR parts 85 and 86 to perform such testing.
    (b) Criteria for an R&D exemption. For an R&D exemption to be
granted, the person requesting an exemption must meet all the following
conditions:
    (1) Demonstrate that the exemption is for an appropriate R&D
purpose.
    (2) Demonstrate that an exemption is necessary.
    (3) Design an R&D program that is reasonable in scope.
    (4) Have a degree of control consistent with the purpose of the
program and EPA's monitoring requirements.
    (5) Meet the requirements specified in paragraphs (c) and (d) of
this section.
    (c) Information required to be submitted. To aid in demonstrating
each of the elements in paragraph (b) of this section, the person
requesting an exemption must include, at a minimum, all the following
information:
    (1) A concise statement of the purpose of the program demonstrating
that the program has an appropriate R&D purpose.
    (2) An explanation of why the stated purpose of the program is
unable to be achieved in a practicable manner without meeting the
requirements of this part.
    (3) A demonstration of the reasonableness of the scope of the
program, including all the following:
    (i) An estimate of the program's duration in time (including
beginning and ending dates).
    (ii) An estimate of the maximum number of vehicles, engines, and
equipment involved in the program, and the number of miles and engine
hours that will be accumulated on each.
    (iii) The manner in which the information on vehicles, engines, or
equipment used in the program will be recorded and made available to
EPA upon request.
    (iv) The quantity of the fuel that does not comply with the
requirements of this part, as applicable.
    (v) The specific applicable standard(s) of this part that would
apply to the fuel expected to be used in the program.
    (4) With regard to control, a demonstration that the program
affords EPA a monitoring capability, including all the following:
    (i) A description of the technical and operational aspects of the
program.
    (ii) The site(s) of the program (including facility name, street
address, city, county, state, and ZIP code).
    (iii) The manner in which information on vehicles, engines, and
equipment used in the program will be recorded and made available to
EPA upon request.
    (iv) The manner in which information on the fuel used in the
program (including quantity, fuel properties, name, address, telephone
number, and contact person of the supplier, and the date received from
the supplier) will be recorded and made available to EPA upon request.
    (v) The manner in which the party will ensure that the fuel will be
segregated from fuel that meets the requirements of subparts C and D of
this part, as applicable, and how fuel dispensers will be labeled to
ensure that the fuel is not dispensed for use in motor vehicles or
nonroad engines, vehicles, or equipment, including locomotive or marine
engines, that are part of the R&D test program.
    (vi) The name, business address, telephone number, and title of the
person(s) in the organization requesting an exemption from whom further
information on the application may be obtained.
    (vii) The name, business address, telephone number, and title of
the person(s) in the organization requesting an exemption who is
responsible for recording and making available the information
specified in this paragraph (c), and the location where such
information will be maintained.
    (viii) Any other information requested by EPA to determine whether
the test program satisfies the criteria of paragraph (b) of this
section.
    (d) Additional requirements. (1) The PTDs associated with fuel must
comply with the requirements of subpart L of this part.
    (2) The fuel must be designated as exempt fuel by the fuel
manufacturer or supplier, as applicable.
    (3) The fuel must be kept segregated from non-exempt fuel at all
points in the distribution system.
    (4) The fuel must not be sold, distributed, offered for sale or
distribution, dispensed, supplied, offered for supply, transported to
or from, or stored by a retail outlet or WPC facility, unless the WPC
facility is associated with the R&D program that uses the fuel.
    (5) At the completion of the program, any emission control systems
or elements of design that are damaged or rendered inoperative must be
replaced on vehicles remaining in service or the responsible person
will be liable for a violation of 42 U.S.C. 7522(a)(3), unless
sufficient evidence is supplied that the emission controls or elements
of design were not damaged.
    (e) Approval of exemption. EPA may grant an R&D exemption upon a
demonstration that the requirements of this section have been met. The
R&D exemption approval may include such terms and conditions as EPA
determines necessary to monitor the exemption and to carry out the
purposes of this part, including restoration of emission control
systems.
    (1) The volume of fuel subject to the approval must not exceed the
estimated amount in paragraph (c)(3)(iv) of this section, unless EPA
grants an approval for a greater amount.
    (2) Any exemption granted under this section will expire at the
completion of the test program or 1 year from the date of approval,
whichever occurs first, and may only be extended upon re-application
consistent with the requirements of this section.
    (3) If any information required by paragraph (c) of this section
changes after approval of the exemption, the responsible person must
notify EPA in writing immediately.
    (f) Notification of completion. Any person with an approved
exemption under this section must notify EPA in writing within 30 days
after completion of the R&D program.

Sec.  1090.615  Racing and aviation exemptions.

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

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

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

Sec.  1090.625  Exemptions for California gasoline and diesel fuel.

    (a) California gasoline and diesel fuel exemption. California
gasoline or diesel fuel that complies with all the requirements of this
section is exempt from all other provisions of this part.
    (b) California gasoline and diesel fuel requirements. (1) Each
batch of California gasoline or diesel fuel must be designated as such
by its fuel manufacturer.
    (2) Designated California gasoline or diesel fuel must be
segregated from fuel that is not California gasoline or diesel fuel at
all points in the distribution system.
    (3) Except for as specified in paragraph (d) or (e) of this
section, designated California gasoline or diesel fuel must ultimately
be used only in the state of California.
    (4) Transferors and transferees of California gasoline or diesel
fuel produced outside the state of California must meet the PTD
requirements of subpart L of this part.
    (5) Each transferor and transferee of California gasoline or diesel
fuel produced outside the state of California must maintain copies of
the PTDs as specified in subpart M of this part.
    (6) California gasoline or diesel fuel must not be used in any part
of the United States outside of the state of California unless the
manufacturer or distributor recertifies or redesignates the batch of
California gasoline or diesel fuel as specified in paragraph (d) or (e)
of this section.
    (c) Use of California test methods and offsite sampling procedures.
For any gasoline or diesel fuel that is not California gasoline or
diesel fuel and that is either produced at a facility located in the
state of California or is imported from outside the United States into
the state of California, the manufacturer must do one of the following:
    (1) Comply with the sampling and testing provisions in subpart N of
this part, as applicable.
    (2) Sample and test using methods approved in Title 13 of the
California Code of Regulations.
    (3) Sample and test per a current and valid protocol agreement
between the fuel manufacturer and the California Air Resources Board or
by Executive Order from the California Air Resources Board. Such
protocols or Executive Orders must be provided to EPA upon request.
    (d) California gasoline used outside of California. California
gasoline may be used in any part of the United States outside of the
state of California if the manufacturer or distributor of the
California gasoline does one of the following:
    (1) Recertifies the California gasoline as gasoline under this part
and includes the recertified gasoline in their average standard
compliance calculations.
    (2) Designates the California gasoline as gasoline under this part
without recertification and does all the following:
    (i) Demonstrates that the fuel meets all applicable requirements
for California reformulated gasoline under Title 13 of the California
Code of Regulations.
    (ii) Properly redesignates the fuel under Sec.
1090.1010(b)(2)(vi).
    (iii) Generates PTDs under subpart L of this part.
    (iv) Keeps records under subpart M of this part.
    (v) Does not include the California gasoline in their average
standard compliance calculations.
    (e) California diesel used outside of California. California diesel
fuel may be used in any part of the United States outside of the state
of California and is deemed to meet the standards in subpart D of this
part without recertification if the fuel designated as California
diesel fuel meets all applicable requirements for diesel fuel under
Title 13 of the California Code of Regulations and the manufacturer or
distributor of the fuel does all the following:
    (1) The manufacturer or distributor properly redesignates the fuel
under Sec.  1090.1015(b)(3)(iii).
    (2) The manufacturer or distributor generates PTDs under subpart L
of this part.
    (3) The manufacturer or distributor keeps records under subpart M
of this part.

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

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

Sec.  1090.635  Refinery extreme unforeseen hardship exemption.

    (a) In appropriate extreme, unusual, and unforeseen circumstances
(e.g., circumstances like a natural disaster or refinery fire; not
financial or supplier difficulties) that are clearly outside the
control of the refiner and that could not have been avoided by the
exercise of prudence, diligence, and due care, EPA may permit a
refiner, for a brief period, to distribute fuel that is exempt from the
standards in subparts C and D of this part if all the following
requirements are met:
    (1) It is in the public interest to do so (e.g., distribution of
the nonconforming fuel will not damage vehicles or engines and is
necessary to meet projected temporary shortfalls in the supply of the
fuel in a state or region of the United States for which the shortfall
is unable to otherwise be compensated for).
    (2) The refiner exercised prudent planning and was not able to
avoid the violation and has taken all reasonable steps to minimize the
extent of the nonconformity.

    (3) The refiner shows how compliance will be achieved as
expeditiously as possible.
    (4) The refiner agrees to make up any air quality detriment
associated with the nonconforming fuel, where practicable.
    (5) The refiner pays to the U.S. Treasury an amount equal to the
economic benefit of the nonconformity minus the amount expended under
paragraph (a)(4) of this section, in making up the air quality
detriment.
    (b) Hardship applications under this section must be submitted to
EPA as specified in Sec.  1090.10 and must contain a letter signed by
the RCO, or their delegate, stating that the information contained in
the application is true and accurate to the best of their knowledge.

Sec.  1090.640  Exemptions from the gasoline deposit control
requirements.

    (a) Gasoline that is used to produce E85 is exempt from the
gasoline deposit control requirements in Sec.  1090.260.
    (b) Any person that uses the exemption in paragraph (a) of this
section must keep records to demonstrate that such exempt gasoline was
used to produce E85 and was not distributed from a terminal for use as
gasoline.

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

    (a) Fuel, fuel additive, and regulated blendstock that is exported
for sale outside of the United States is exempt from the standards in
subparts C and D of this part if all the following requirements are
met:
    (1) The fuel, fuel additive, or regulated blendstock is designated
for export by the fuel manufacturer, fuel additive manufacturer, or
regulated blendstock producer.
    (2) The fuel, fuel additive, or regulated blendstock designated for
export is accompanied by PTDs that meet the requirements of subpart L
of this part.
    (3) The fuel manufacturer, fuel additive manufacturer, or regulated
blendstock producer keeps records that demonstrate that the fuel, fuel
additive, or regulated blendstock was ultimately exported from the
United States.
    (4) The fuel, fuel additive, or regulated blendstock is completely
segregated from non-exempt fuels, fuel additives, and regulated
blendstocks from the point the fuel, fuel additive, or regulated
blendstock is designated for export to the point where it is ultimately
exported from the United States.
    (5) Fuel, fuel additive, or regulated blendstock certified and
designated for export may be certified for use in the United States if
all the applicable requirements of this part are met.
    (b) Any fuel dispensed from a retail outlet within the geographic
boundaries of the United States is not exempt under this section.

Sec.  1090.650  Distillate global marine fuel exemption.

    (a) The standards of subpart D of this part do not apply to
distillate global marine fuel that is produced, imported, sold, offered
for sale, supplied, offered for supply, stored, dispensed, or
transported for use in steamships or Category 3 marine vessels when
operating outside of ECA boundaries.
    (b) Exempt distillate global marine fuel under paragraph (a) of
this section must meet all the following requirements:
    (1) The fuel must not exceed 0.50 weight percent sulfur (5,000
ppm).
    (2) The fuel must be accompanied by PTDs as specified in Sec.
1090.1115.
    (3) The fuel must be designated as specified in Sec.  1090.1015.
    (4) The fuel must be segregated from non-exempt fuel at all points
in the distribution system.
    (5) The fuel must not be used in vehicles, engines, or equipment
other than those referred to in paragraph (a) of this section.
    (c)(1) Fuel that does not meet the requirements specified in
paragraph (b) of this section is subject to the standards,
requirements, and prohibitions that apply for ULSD under this part.
    (2) Any person who produces, imports, sells, offers for sale,
supplies, offers for supply, stores, dispenses, or transports
distillate global marine fuel without meeting the applicable
recordkeeping requirements in subpart M of this part must not claim the
fuel is exempt from the standards, requirements, and prohibitions that
apply for ULSD under this part.

Subpart H--Averaging, Banking, and Trading Provisions

Sec.  1090.700  Compliance with average standards.

    (a) Compliance with the sulfur average standard. For each of their
facilities, a gasoline manufacturer must demonstrate compliance with
the sulfur average standard in Sec.  1090.205(a) by using the equations
in paragraphs (a)(1) and (2) of this section.
    (1) Compliance sulfur value calculation. (i) The compliance sulfur
value is determined as follows:
CSVy = Stot,y + Ds,(y-1) +
DS_Oxy_Total - CS

Where:

CSVy = Compliance sulfur value for compliance period y,
in ppm-gallons.
Stot,y = The total amount of sulfur produced in
compliance period y, per paragraph (a)(1)(ii) of this section, in
ppm-gallons.
Ds,(y-1) = Sulfur deficit from the previous compliance
period, per Sec.  1090.715(a)(1), in ppm-gallons.
DS_Oxy_Total = The total sulfur deficit from BOB
recertification, per Sec.  1090.740(b)(2), in ppm-gallons.
CS = Sulfur credits used by the gasoline manufacturer,
per Sec.  1090.720, in ppm-gallons.

    (ii) The total amount of sulfur produced is determined as follows:
    [GRAPHIC] [TIFF OMITTED] TR04DE20.000

Where:
Vi = The volume of gasoline produced or imported in batch
i, in gallons.
Si = The sulfur content of batch i, in ppm.
n = The number of batches of gasoline produced or imported during
the compliance period.
i = Individual batch of gasoline produced or imported during the
compliance period.

    If the calculation of Stot,y results in a negative
number, replace it with zero.
    (2) Sulfur compliance calculation. (i) Compliance with the sulfur
average standard in Sec.  1090.205(a) is achieved if the following
equation is true:
[GRAPHIC] [TIFF OMITTED] TR04DE20.001

    (ii) Compliance with the sulfur average standard in Sec.
1090.205(a) is not achieved if a deficit is incurred two or more
consecutive years. A gasoline manufacturer incurs a deficit under Sec.
1090.715 if the following equation is true:
[GRAPHIC] [TIFF OMITTED] TR04DE20.002

    (b) Compliance with the benzene average standards. For each of
their facilities, a gasoline manufacturer must demonstrate compliance
with the benzene average standard in Sec.  1090.210(a) by using the
equations in paragraphs (b)(1) and (2) of this section and with the
maximum benzene average standard in Sec.  1090.210(b) by using the
equations in paragraphs (b)(3) and (4) of this section.
    (1) Compliance benzene value calculation. (i) The compliance
benzene value is determined as follows:
CBVy = Btot,y + DBz,(y-1) +
DBz_Oxy_Total - CBz

Where:

    CBVy = Compliance benzene value for compliance period
y, in benzene gallons.
    Btot,y = The total amount of benzene produced in
compliance period y, per paragraph (b)(1)(ii) of this section, in
benzene gallons.

    DBz,(y-1) = Benzene deficit from the previous
compliance period, per Sec.  1090.715(a)(2), in benzene gallons.
    DBz_Oxy_Total = The total benzene deficit from BOB
recertification, per Sec.  1090.740(b)(4), in benzene gallons.
    CBz = Benzene credits used by the gasoline
manufacturer, per Sec.  1090.720, in benzene gallons.

    (ii) The total amount of benzene produced is determined as follows:
    [GRAPHIC] [TIFF OMITTED] TR04DE20.003

Vi = The volume of gasoline produced or imported in batch
i, in gallons.
Bi = The benzene content of batch i, in volume percent.
n = The number of batches of gasoline produced or imported during
the compliance period.
i = Individual batch of gasoline produced or imported during the
compliance period.

    If the calculation of Btot,y results in a negative
number, replace it with zero.
    (2) Benzene average compliance calculation. (i) Compliance with the
benzene average standard in Sec.  1090.210(a) is achieved if the
following equation is true:
[GRAPHIC] [TIFF OMITTED] TR04DE20.004

    (ii) Compliance with the benzene average standard in Sec.
1090.210(a) is not achieved if a deficit is incurred two or more
consecutive years. A gasoline manufacturer incurs a deficit under Sec.
1090.715 if the following equation is true:
[GRAPHIC] [TIFF OMITTED] TR04DE20.005

    (3) Average benzene concentration calculation. The average benzene
concentration is determined as follows:
[GRAPHIC] [TIFF OMITTED] TR04DE20.006

Where:

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

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

Ba,y <= 1.30 vol%

    (5) Rounding and reporting benzene values. (i) The total amount of
benzene produced, as calculated in paragraph (b)(1)(ii) of this
section, must be rounded to the nearest whole benzene gallon in
accordance with Sec.  1090.50.
    (ii) The average benzene concentration, as calculated in paragraph
(b)(3) of this section, must be rounded and reported to two decimal
places in accordance with Sec.  1090.50.
    (c) Accounting for oxygenate added at a downstream location. A
gasoline manufacturer that complies with the requirements in Sec.
1090.710 may include the volume of oxygenate added at a downstream
location and the effects of such blending on sulfur content and benzene
content in compliance calculations under this subpart.
    (d) Inclusions. A gasoline manufacturer must include the following
products that they produced or imported during the compliance period in
their compliance calculations:
    (1) CG.
    (2) RFG.
    (3) BOB.
    (4) Added gasoline volume resulting from the production of gasoline
from PCG as follows:
    (i) For PCG by subtraction under Sec.  1090.1320(a)(1), include the
PCG batch as a batch with a negative volume, positive sulfur content,
and positive benzene content and include the new batch of gasoline as a
batch with a positive volume, positive sulfur content, and positive
benzene content in compliance calculations under this section. Any
negative compliance sulfur value or compliance benzene value must be
reported as zero and not as a negative result.
    (ii) For PCG by addition under Sec.  1090.1320(a)(2), include only
the blendstock added to make the new batch of gasoline as a batch with
a positive volume, positive sulfur content, and positive benzene
content in compliance calculations under this section. Do not include
any test results or volumes for the PCG or new batch of gasoline in
these calculations.
    (5)(i) Inclusion of a particular batch of gasoline for compliance
calculations for a compliance period is based on the date the batch is
produced, not shipped. For example, a batch produced on December 30,
2021, but shipped on January 2, 2022, would be included in the
compliance calculations for the 2021 compliance period. The volume
included in the 2021 compliance period for that batch would be the
entire batch volume, even though the shipment of all or some of the
batch did not occur until 2022.
    (ii) For PCG by subtraction under Sec.  1090.1320(a)(1), include
PCG in the compliance period in which it was blended with blendstock.
This may necessitate reporting a portion of the volume of PCG received
in one compliance period as a separate PCG batch in the following
compliance period.
    (e) Exclusions. A gasoline manufacturer must exclude the following
products from their compliance calculations:
    (1) Gasoline that was not produced by the gasoline manufacturer.
    (2) Blendstock, unless the blendstock is added to PCG or TGP under
Sec.  1090.1320 or Sec.  1090.1325, respectively.
    (3) PCG, except as specified in paragraph (d)(4)(i) of this
section.
    (4) Certified butane and certified pentane blended under Sec.
1090.1320(b).
    (5) TGP.
    (6) GTAB that meets the requirements in Sec.  1090.1615(a).
    (7) Gasoline imported by truck or rail using the provisions of
Sec.  1090.1610 to meet the alternative per-gallon standards of
Sec. Sec.  1090.205(d) and 1090.210(c).
    (8) Gasoline exempt under subpart G of this part from the average
standards of subpart C of this part (e.g., California gasoline, racing
fuel, etc.).

Sec.  1090.705  Facility level compliance.

    (a) Except as specified in paragraph (b) of this section, a
gasoline manufacturer must comply with average standards at the
individual facility level.
    (b) A gasoline importer must comply with average standards at the
company level, except that aggregation of all import facilities within
a PADD as a single facility is required for compliance with the maximum
benzene average standard in Sec.  1090.210(b).

Sec.  1090.710  Downstream oxygenate accounting.

    The requirements of this section apply to BOB for which a gasoline
manufacturer accounts for the effects of the oxygenate blending that
occurs downstream of the fuel manufacturing facility in the gasoline
manufacturer's average standard compliance calculations under this
subpart. This section also includes requirements for oxygenate blenders
to ensure that oxygenate is added in accordance with the blending
instructions specified by the gasoline manufacturer in order to ensure
fuel quality standards are met.
    (a) Provisions for gasoline manufacturers. In order to account for
the effects of oxygenate blending downstream, a gasoline manufacturer
must meet all the following requirements:
    (1) Produce or import BOB such that the gasoline continues to meet
the applicable gasoline standards in subpart C of this part after the
addition of the specified type and amount of oxygenate.

    (2) For each batch of BOB produced or imported, create a hand blend
in accordance with Sec.  1090.1340 and determine the properties of the
hand blend using the methods specified in subpart N of this part.
    (3) Participate in the NSTOP specified in Sec.  1090.1450 or have
an approved in-line blending waiver under Sec.  1090.1315.
    (4) Transfer ownership of the BOB only to an oxygenate blender that
is registered with EPA under subpart I of this part or to an
intermediate owner with the restriction that it only be transferred to
a registered oxygenate blender.
    (5) Specify on the PTD for the BOB each oxygenate type and amount
(or range of amounts) for which the hand blend was certified for
compliance under Sec.  1090.1340.
    (6) Participate in the NFSP under subpart O of this part.
    (b) Requirements for oxygenate blenders. An oxygenate blender must
add oxygenate of each type and amount (or within the range of amounts)
as specified on the PTD for all BOB received, except as specified in
paragraph (c)(2) of this section.
    (c) Limitations. (1) Only the gasoline manufacturer that first
certifies the BOB may account for the downstream addition of oxygenate
under this section. On any occasion where any person downstream of the
fuel manufacturing facility gate of the gasoline manufacturer that
produced or imported gasoline or BOB adds oxygenate to such product,
the person must not include the volume, sulfur content, and benzene
content of the oxygenate in any compliance calculations for
demonstrating compliance with the average standards specified in
subpart C of this part or for credit generation under this subpart. All
applicable per-gallon standards specified in subpart C of this part
continue to apply.
    (2) A person downstream of the fuel manufacturing facility gate may
recertify BOB for use as gasoline without the addition of the specified
type and amount of oxygenate if the provisions of Sec.  1090.740 are
met. A person who recertifies BOB for use as gasoline without the
addition of the specified type and amount of oxygenate is a gasoline
manufacturer and must meet all applicable requirements for a gasoline
manufacturer specified in this part.

Sec.  1090.715  Deficit carryforward.

    (a) A gasoline manufacturer incurs a compliance deficit if they
exceed the average standard specified in subpart C of this part for a
given compliance period. The deficit incurred must be determined as
specified in paragraph (a)(1) of this section for sulfur and paragraph
(a)(2) of this section for benzene.
    (1) The sulfur deficit incurred is determined as follows:
    [GRAPHIC] [TIFF OMITTED] TR04DE20.007

Where:

DS,y = Sulfur deficit incurred for compliance period y,
in ppm-gallons.