(1) The following statement: "Certified Ethanol Denaturant suitable for use in the manufacture of denatured fuel ethanol meeting EPA standards."
      (2) The PTD must state that the sulfur content is 330 ppm or less. If the certified ethanol denaturant manufacturer represents a batch of denaturant as having a maximum sulfur content lower than 330 ppm, the PTD must instead state that lower sulfur maximum (e.g., has a sulfur content of 120 ppm or less).
      (h) Butane and pentane language requirements. (1) In addition to any other PTD requirements of this subpart, on each occasion when any person transfers custody or title to any certified butane or certified pentane, the transferor must provide to the transferee PTDs that include the following information:
      (i) The certified butane or certified pentane producer company name and facility registration number issued by EPA.
      (ii) One of the following statements, as applicable:
      (A) "Certified pentane for use by certified pentane blenders".
      (B) "Certified butane for use by certified butane blenders".
      (2) PTDs that are compliant with the requirements of paragraph (h)(1) of this section must be transferred from each party transferring certified butane or certified pentane for use by certified butane or certified pentane blenders to each party that receives the certified butane or certified pentane through to the certified butane or certified pentane blender, respectively.
§1090.1165 PTD requirements for distillate and residual fuels.
      (a) General requirements. For each occasion that any person transfers custody of any distillate or residual fuel, the transferor must provide the transferee PTDs that include the following information:
      (1) The sulfur per-gallon standard that the transferor represents the fuel to meet under subpart D of this part (e.g., 15 ppm sulfur for ULSD or 1,000 ppm sulfur for ECA marine fuel).
      (2) An accurate and clear statement of the applicable designation(s) of the fuel under §1090.1115 (e.g., "ULSD", "500 ppm LM diesel fuel", or "ECA marine fuel").
      (3) If the fuel does not meet the ULSD sulfur standard in §1090.305(b), the following statement: "Not for use in highway vehicles or engines or nonroad, locomotive, or marine engines."
      (b) 500 ppm LM diesel fuel language requirements. For batches of 500 ppm LM diesel fuel, in addition to the information required under paragraph (a) of this section, the following information must be included on the PTD:
      (1) The following statement: "500 ppm sulfur (maximum) LM diesel fuel. For use only in accordance with a compliance plan under 40 CFR 1090.520(g). Not for use in highway vehicles or other nonroad vehicles and engines."
      (2) [Reserved]
      (c) ECA marine fuel language requirements. For batches of ECA marine fuel, in addition to the information required under paragraph (a) of this section, the following information must be included on the PTD:
      (1) The following statement: "1,000 ppm sulfur (maximum) ECA marine fuel. For use in Category 3 marine vessels only. Not for use in Category 1 or Category 2 marine vessels."
      (2) Parties may replace the required statement in paragraph (c)(1) of this section with the following statement for qualifying vessels under 40 CFR part 1043: "High sulfur fuel. For use only in ships as allowed by MARPOL Annex VI, Regulation 3 or Regulation 4."
      (3) Under 40 CFR 1043.80, fuel suppliers (i.e., ECA marine fuel distributors, retailers, and WPCs) must provide bunker delivery notes to vessel operators in addition to any applicable PTD requirements under this subpart.
      (d) Distillate global marine fuel language requirements. For batches of distillate global marine fuel, in addition to the information required under paragraph (a) of this section, the following information must be included on the PTD:
      (1) The following statement: "For use only in steamships or Category 3 marine vessels outside of an Emission Control Area (ECA), consistent with MARPOL Annex VI."
      (2) [Reserved]
§1090.1170 Diesel fuel additives language requirements.
      In addition to any other PTD requirements in this subpart, on each occasion that any person transfers custody or title to a diesel fuel additive that is subject to the provisions of §1090.310 to a party in the additive distribution system or in the diesel fuel distribution system for use downstream of the diesel fuel manufacturing facility, the transferor must provide to the transferee PTDs that include the following information:
      (a) For diesel fuel additives that comply with the sulfur standard in §1090.310(a), include the following statement: "The sulfur content of this diesel fuel additive does not exceed 15 ppm."
      (b) For diesel fuel additives that meet the requirements of §1090.310(b), the transferor must provide to the transferee documents that identify the additive as such, and do all the following:
      (1) Indicate the high sulfur potential of the diesel fuel additive by including the following statement: "This diesel fuel additive may exceed the federal 15 ppm sulfur standard. Improper use of this additive may result in non-compliant diesel fuel."
      (2) If the diesel fuel additive package contains a static dissipater additive or red dye having a sulfur content greater than 15 ppm, one of the following statements must be included that accurately describes the contents of the additive package:
      (i) "This diesel fuel additive contains a static dissipater additive having a sulfur content greater than 15 ppm."
      (ii) "This diesel fuel additive contains red dye having a sulfur content greater than 15 ppm."
      (iii) "This diesel fuel additive contains a static dissipater additive and red dye having a sulfur content greater than 15 ppm."
      (3) Include the following information:
      (i) The diesel fuel additive package's maximum sulfur concentration.
      (ii) The maximum recommended concentration for use of the diesel fuel additive package in diesel fuel, in volume percent.
      (iii) The contribution to the sulfur level of the fuel (in ppm) that would result if the diesel fuel additive package is used at the maximum recommended concentration.
      (c) For diesel fuel additives that are sold in containers for use by the ultimate consumer of diesel fuel, each transferor must display on the additive container, in a legible and conspicuous manner, one of the following statements, as applicable:
      (1) For diesel fuel additives that comply with the sulfur standard in §1090.310(a), "This diesel fuel additive complies with the federal low sulfur content requirements for use in diesel motor vehicles and nonroad engines."
      (2) For diesel fuel additives that do not comply with the sulfur standard in §1090.310(a), the following statement: "This diesel fuel additive does not comply with federal ultra-low sulfur content requirements."
§1090.1175 Alternative PTD language provisions.
      (a) Alternative PTD language to the language specified in this subpart may be used if approved by EPA in advance. Such language must contain all the applicable informational elements specified in this subpart.
      (b) Requests for alternative PTD language must be submitted as specified in §1090.10.

Subpart L -- Recordkeeping
§1090.1200 General recordkeeping requirements.
      (a) Length of time records must be kept. Records required by this part must be kept for 5 years from the date they were created, except that records relating to credit transfers must be kept by the transferor for 5 years from the date the credits were transferred and must be kept by the transferee for 5 years from the date the credits were transferred, used, or terminated, whichever is later.
      (b) Make records available to EPA. On request by EPA, the records specified in this part must be provided to EPA. For records that are electronically generated or maintained, the equipment and software necessary to read the records must be made available, or upon approval by EPA, electronic records must be converted to paper documents that must be provided to EPA.
§1090.1205 Recordkeeping requirements for all regulated parties.
      (a) Overview. Any party subject to the requirements and provisions of this part must keep records containing the information specified in this section.
      (b) Records related to PTDs. Any party that transfers title or custody of any fuel, fuel additive, or regulated blendstock must maintain the PTDs for which the party is the transferor or transferee.
      (c) Records related to sampling and testing. Any party required to perform any sampling and testing on any fuel, fuel additive, or regulated blendstock must keep records of the following:
      (1) The location, date, time, and storage tank or truck, rail car, or vessel identification for each sample collected.
      (2) The identification of the person(s) who collected the sample and the person(s) who performed the testing.
      (3) The results of all tests as originally printed by the testing apparatus, or where no printed result is produced, the results as originally recorded by the person or apparatus that performed the test. Where more than one test is performed, keep all the results.
      (4) The methodology used to test any parameter under this part.
      (5) Records related to performance-based measurement and statistical quality control under §§1090.1360 through 1090.1375.
      (6) Records related to gasoline deposit control testing under §1090.1395.
      (7) The actions taken to stop the sale of any fuel, fuel additive, or regulated blendstock found not to be in compliance with applicable standards under this part, and the actions taken to identify the cause of any noncompliance and prevent future instances of noncompliance.
      (d) Records related to registration. For parties required to register under subpart I of this part, the party must maintain records supporting the information required to complete and maintain the registration for the party's company and each registered facility. The party must also maintain copies of any confirmation received from the submission of such registration information to EPA.
      (e) Records related to reporting. For parties required to submit reports under subpart J of this part, the party must maintain copies of all reports submitted to EPA. The party must also maintain copies of any confirmation received from the submission of such reports to EPA.
      (f) Records related to exemptions. Anyone that produces or distributes exempt fuel, fuel additive, or regulated blendstock under subpart G of this part must keep the following records:
      (1) Designation of the fuel, fuel additive, or regulated blendstock under subparts G and K of this part.
      (2) Copies of PTDs generated or accompanying the exempted fuel, fuel additive, or regulated blendstock.
      (3) Records demonstrating that the exempt fuel, fuel additive, or regulated blendstock was actually used in accordance with the requirements of the applicable exemption(s) under subpart G of this part.
§1090.1210 Recordkeeping requirements for gasoline manufacturers.
      (a) Overview. In addition to the requirements in §1090.1205, gasoline manufacturers must keep records for each of their facilities that include the information in this section.
      (b) Batch records. For each batch of gasoline, gasoline manufacturers must keep records of the following information:
      (1) The results of tests, including any calculations necessary to transcribe or correlate test results into reported values under subpart J of this part, performed to determine gasoline properties and characteristics as specified in subpart M of this part.
      (2) The batch volume.
      (3) The batch number.
      (4) The date the batch was produced or imported.
      (5) The designation of the batch under §1090.1110.
      (6) The PTDs for any gasoline produced or imported.
      (7) The PTDs for any gasoline received.
      (c) Downstream oxygenate accounting records. For BOB certified for including in downstream oxygenate accounting under §1090.710, gasoline manufacturers must keep records of the following information:
      (1) The test results for hand blends prepared under §1090.1340.
      (2) Records that demonstrate that the gasoline manufacturer participates in the national fuels survey program under subpart N of this part.
      (3) Records that demonstrate that the gasoline manufacturer participates in the national sampling oversight program under §1090.1440.
      (4) Compliance calculations specified in §1090.700 based on an assumed addition of oxygenate.
      (d) Records for PCG. For new batches of gasoline produced by adding blendstock to PCG, gasoline manufacturers must keep records of the following information:
      (1) Records that reflect the storage and movement of the PCG and blendstock within the fuel manufacturing facility to the point such PCG is used to produce gasoline or BOB.
      (2) For new batches of gasoline produced by adding blendstock to PCG under §1090.1320(a)(1), keep records of the following additional information:
      (i) The results of tests to determine the sulfur content, benzene content, RVP in the summer, and oxygenate(s) content for the PCG and volume of the PCG when received at the fuel manufacturing facility.
      (ii) Records demonstrating which batches of PCG were used in each new batch of gasoline.
      (iii) Records demonstrating which, if any, blendstocks were used in each new batch of gasoline.
      (iv) Records of the test results for sulfur content, benzene content, RVP in the summer, oxygenate(s) content, and distillation parameters for each new batch of gasoline.
      (3) For new batches of gasoline produced by adding blendstock to PCG under §1090.1320(a)(2), keep records of the following additional information:
      (i) Records of the test results for sulfur content, benzene content, RVP in the summer, and oxygenate(s) content of each blendstock used to produce the new batch of gasoline.
      (ii) Records of the test results for sulfur content and RVP in the summer of each new batch of gasoline.
      (iii) Records demonstrating which, if any, blendstocks were used in each new batch of gasoline.
      (e) Records for certified butane and certified pentane blenders. For certified butane or certified pentane blended into gasoline or BOB under §1090.1320, certified butane and certified pentane blenders must keep records of the following information:
      (1) The volume of certified butane or certified pentane added.
      (2) The volume of gasoline prior to and after the certified butane or certified pentane blending.
      (3) The purity and properties of the certified butane or certified pentane specified in §1090.220 or §1090.225, respectively.
      (f) Records for the importation of gasoline treated as blendstock. For any imported GTAB, importers must keep records of documents that reflect the storage and physical movement of the GTAB from the point of importation to the point of blending to produce gasoline.
      (g) Records related to ABT. Gasoline manufacturers must keep records of the following information related to their ABT activities under subpart H of this part, as applicable:
      (1) Compliance sulfur values and compliance benzene values under §1090.700, and the calculations used to determine those values.
      (2) The number of valid credits in possession of the gasoline manufacturer at the beginning of each compliance period, separately by facility and compliance period of generation.
      (3) The number of credits generated by the gasoline manufacturer under §1090.725, separately by facility and compliance period of generation.
      (4) If any credits were obtained from or transferred to other parties, all the following for each other party:
      (i) The party's name.
      (ii) The party's EPA company and facility registration numbers.
      (iii) The number of credits obtained from or transferred to the party.
      (5) The number of credits that expired at the end of each compliance period, separately by facility and compliance period of generation.
      (6) The number of credits that will be carried over into the next compliance period, separately by facility and compliance period of generation.
      (7) The number of credits used, separately by facility and compliance period of generation.
      (8) Contracts or other commercial documents that establish each transfer of credits from the transferor to the transferee.
      (9) Documentation that supports the number of credits transferred between facilities within the same company (i.e., intracompany transfers).
§1090.1215 Recordkeeping requirements for diesel fuel and ECA marine fuel manufacturers.
      (a) Overview. In addition to the requirements in §1090.1205, diesel fuel and ECA marine fuel manufacturers must keep records for each of their facilities that include the information in this section.
      (b) Batch records. For each batch of ULSD, 500 ppm LM diesel fuel, or ECA marine fuel, diesel fuel and ECA marine fuel manufacturers must keep records of the following information:
      (1) The batch volume.
      (2) The batch number.
      (3) The date the batch was produced or imported.
      (4) The designation of the batch under §1090.1115.
      (5) All documents and information created or used for the purpose of batch designation under §1090.1115, including PTDs for the batch.
      (c) Distillate global marine fuel. For each batch of distillate global marine fuel, distillate global marine fuel manufacturers must keep records of the following information:
      (1) The designation of the batch as distillate global marine fuel.
      (2) The PTD for the batch.
§1090.1220 Recordkeeping requirements for oxygenate blenders.
      (a) In addition to the requirements in §1090.1205, oxygenate blenders that blend oxygenate into gasoline must keep records that include the information in this section.
      (b) For each occasion that an oxygenate blender blends oxygenate into gasoline, oxygenate blenders must keep records of the following information:
      (1) The date, time, location, and identification of the blending tank or truck in which the blending occurred.
      (2) The volume and oxygenate requirement of the gasoline to which oxygenate was added.
      (3) The volume, type, and purity of the oxygenate that was added, and documents that show the supplier(s) of the oxygenate used.
§1090.1225 Recordkeeping requirements for gasoline additives.
      (a) Gasoline additive producers and importers. In addition to the requirements in §1090.1205, gasoline additive manufacturers must keep records of the following information for each batch of additive produced or imported:
      (1) The batch volume.
      (2) The date the batch was produced or imported.
      (3) The PTD for the batch.
      (4) The maximum recommended treatment rate.
      (5) The gasoline additive manufacturer's control practices that demonstrate that the additive will contribute no more than 3 ppm on a per-gallon basis to the sulfur content of gasoline when used at the maximum recommended treatment rate.
      (b) Records that parties that take custody of gasoline additives in the gasoline additive distribution system must keep. Except for gasoline additives packaged for addition to gasoline in the vehicle fuel tank, all parties that take custody of gasoline additives for bulk addition to gasoline -- from the producer through to the party that adds the additive to gasoline -- must keep records of the following information:
      (1) The PTD for each batch of gasoline additive.
      (2) The treatment rate at which the additive was added to gasoline, as applicable.
      (3) The volume of gasoline that was treated with the additive, as applicable. A new record must be initiated in cases where a new batch of additive is mixed into a storage tank from which the additive is drawn to be injected into gasoline.
§1090.1230 Recordkeeping requirements for oxygenate producers.
      (a) Oxygenate producers. In addition to the requirements in §1090.1205, oxygenate producers must keep records of the following information for each batch of oxygenate:
      (1) The batch volume.
      (2) The batch number.
      (3) The date the batch was produced or imported.
      (4) The PTD for the batch.
      (5) The sulfur content of the batch.
      (6) The sampling and testing records specified in §1090.1205(c), if the sulfur content of the batch was determined by analytical testing.
      (b) DFE producers. In addition to the requirements in paragraph (a) of this section, DFE producers must keep records of the following information for each batch of DFE if the sulfur content of the batch was determined under §1090.1330:
      (1) The name and title of the person who calculated the sulfur content of the batch.
      (2) The date the calculation was performed.
      (3) The calculated sulfur content.
      (4) The sulfur content of the neat (un-denatured) ethanol.
      (5) The date each batch of neat ethanol was produced.
      (6) The neat ethanol batch number.
      (7) The neat ethanol batch volume.
      (8) As applicable, the neat ethanol production quality control records, or the test results on the neat ethanol, including all the following:
      (i) The location, date, time, and storage tank or truck identification for each sample collected.
      (ii) The name and title of the person who collected the sample and the person who performed the test.
      (iii) The results of the test as originally printed by the testing apparatus, or where no printed result is produced, the results as originally recorded by the person who performed the test.
      (iv) Any record that contains a test result for the sample that is not identical to the result recorded in paragraph (b)(8)(iii) of this section.
      (v) The test methodology used.
      (9) The sulfur content of each batch of denaturant used, and the volume percent at which the denaturant was added to neat (un-denatured) ethanol to produce DFE.
      (10) The PTD for each batch of denaturant used.
      (c) Records that parties that take custody of oxygenate in the oxygenate distribution system must keep. All parties that take custody of oxygenate -- from the oxygenate producer through to the oxygenate blender -- must keep records of the PTD for each batch of oxygenate.
§1090.1235 Recordkeeping requirements for ethanol denaturant.
      (a) Certified ethanol denaturant producers. In addition to the requirements in §1090.1205, certified ethanol denaturant producers must keep records of the following information for each batch of certified ethanol denaturant:
      (1) The batch volume.
      (2) The batch number.
      (3) The date the batch was produced or imported.
      (4) The PTD for the batch.
      (5) The sulfur content of the batch.
      (b) Parties that take custody of ethanol denaturants. All parties that take custody of denaturant designated as suitable for use in the production of DFE under §1090.230(b) must keep records of the following information:
      (1) The PTD for each batch of denaturant.
      (2) The volume percent at which the denaturant was added to ethanol, as applicable.
§1090.1240 Recordkeeping requirements for gasoline detergent blenders.
      (a) Overview. In addition to the requirements in §1090.1205, gasoline detergent blenders must keep records that include the information in this section.
      (b) Gasoline detergent blenders. Gasoline detergent blenders must keep records of the following information:
      (1) The PTD for each detergent used.
      (2) For automated detergent blending facilities, keep records of the following information:
      (i) The dates of the VAR Period.
      (ii) The total volume of detergent blended into gasoline, as determined using one of the following methods, as applicable:
      (A) For facilities that use in-line meters to measure the amount of detergent blended, the total volume of detergent measured, together with supporting data that includes one of the following:
      (1) The beginning and ending meter readings for each meter being measured.
      (2) Other comparable metered measurements.
      (B) For facilities that use a gauge to measure the inventory of the detergent storage tank, the total volume of detergent must be calculated as follows:
      VD=DIi-DIf+DIa-DIw
      Where:
      VD = Volume of detergent.
      DIi = Initial detergent inventory of the tank.
      DIf = Final detergent inventory of the tank.
      DIa = Sum of any additions to detergent inventory.
      DIw = Sum of any withdrawals from detergent inventory for purposes other than the additization of gasoline.
      (C) The value of each variable in the equation in paragraph (b)(2)(ii)(B) of this section must be separately recorded. Recorded volumes of detergent must be expressed to the nearest gallon (or smaller units), except that detergent volumes of five gallons or less must be expressed to the nearest tenth of a gallon (or smaller units). However, if the blender's equipment is unable to accurately measure to the nearest tenth of a gallon, then such volumes must be rounded downward to the next lower gallon.
      (iii) The total volume of gasoline to which detergent has been added, together with supporting data that includes one of the following:
      (A) The beginning and ending meter measurements for each meter being measured.
      (B) The metered batch volume measurements for each meter being measured.
      (C) Other comparable metered measurements.
      (iv) The actual detergent concentration, calculated as the total volume of the detergent added (as determined under paragraph (b)(2)(ii) of this section) divided by the total volume of gasoline (as determined under paragraph (b)(2)(iii) of this section). The concentration must be calculated and recorded to four digits and rounded as specified in §1090.50.
      (v) The initial detergent concentration rate, together with the date and description of each adjustment to any initially set concentration.
      (vi) If the detergent injector is set below the applicable LAC, or adjusted by more than 10 percent above the concentration initially set in the VAR Period, documentation establishing that the purpose of the change is to correct a batch misadditization prior to the end of the VAR Period and prior to the transfer of the batch to another party or to correct an equipment malfunction and the date and adjustments of the correction.
      (vii) Documentation reflecting the performance and results of the calibration of detergent equipment under §1090.1390.
      (3) For non-automated detergent blending facilities, keep records of the following information:
      (i) The date of additization.
      (ii) The volume of added detergent.
      (iii) The volume of gasoline to which the detergent was added.
      (iv) The actual detergent concentration, calculated as the volume of added detergent (as determined under paragraph (b)(3)(ii) of this section) divided by the volume of gasoline (as determined under paragraph (b)(3)(iii) of this section). The concentration must be calculated and recorded to four digits and rounded as specified in §1090.50.
§1090.1245 Recordkeeping requirements for independent surveyors.
      (a) In addition to the requirements in §1090.1205, independent surveyors must keep records that include the information in this section.
      (b) Independent surveyors must keep records of the following information, as applicable:
      (1) Records related to the national fuels survey program under §1090.1405.
      (2) Records related to a geographically-focused E15 survey program under §1090.1420(b).
      (3) Records related to the national sampling oversight program under §1090.1440.
§1090.1250 Recordkeeping requirements for auditors.
      (a) In addition to the requirements in §1090.1205, auditors must keep records that include the information in this section.
      (b) Auditors must keep records of the following information:
      (1) Documents pertaining to the performance of each audit performed under subpart R of this part.
      (2) Copies of each attestation report prepared and all related records developed to prepare the attestation report.
      (c) Auditors must keep the records specified in paragraph (b) of this section for 5 years after issuing each attestation report.
§1090.1255 Recordkeeping requirements for transmix processors, transmix blenders, transmix distributors, and pipeline operators.
      (a) In addition to the requirements in §1090.1205, transmix processors, transmix blenders, transmix distributors, and pipeline operators must keep records that include the information in this section.
      (b) Transmix processors and transmix distributors must keep records that reflect the results of any sampling and testing required under subpart F or M of this part.
      (c) Pipeline operators must keep records that demonstrate compliance with the interface handling practices in §1090.525.
      (d) Transmix processors must keep records showing the volumes of TGP recovered from transmix and the type and amount of any blendstock or PCG added to make gasoline from TGP under §1090.510.
      (e) Transmix blenders must keep records showing compliance with the quality assurance program and/or sampling and testing requirements in §1090.505, and for each batch of gasoline with which transmix is blended, the volume of the batch, and the volume of transmix blended into the batch.
      (f) Manufacturers and distributors of 500 ppm LM diesel fuel using transmix must keep records of the following information, as applicable:
      (1) Copies of the compliance plan required under §1090.520(g).
      (2) Documents demonstrating how the party complies with each applicable element of the compliance plan under §1090.520(g).
      (3) Documents and copies of calculations used to determine compliance with the 500 ppm LM diesel fuel volume requirements under §1090.520(c).
      (4) Documents or information that demonstrates that the 500 ppm LM diesel fuel was only used in locomotive and marine engines that are not required to use ULSD under 40 CFR 1033.815 and 40 CFR 1042.660, respectively.

Subpart M -- Sampling, Testing, and Retention
§1090.1300 General provisions.
      (a) This subpart is organized as follows:
      (1) Sections 1090.1310 through 1090.1330 specify the scope of required testing, including special provisions that apply in several unique circumstances.
      (2) Sections 1090.1335 through 1090.1345 specify handling procedures for collecting and retaining samples. Sections 1090.1350 through 1090.1375 specify the procedures for measuring the specified parameters. These procedures apply to anyone who performs testing under this subpart.
      (3) Section 1090.1390 specifies the requirements for calibrating automated detergent blending equipment.
      (4) Section 1090.1395 specifies the procedures for testing related to gasoline deposit control test procedure.
      (b) If you need to meet requirements for a quality assurance program at some minimum frequency, your first batch of product triggers the testing requirement. The specified frequency serves as a deadline for performing the required testing, and as a starting point for the next testing period. The following examples illustrate the requirements for testing based on sampling the more frequent of every 90 days or 500,000 gallons of certified butane you received from a supplier:
      (1) If your testing period starts on March 1 and you use less than 500,000 gallons of butane from March 1 through May 29 (90 days), you must perform testing under a quality assurance program sometime between March 1 and May 29. Your next test period starts with the use of butane on May 30 and again ends after 90 days or after you use 500,000 gallons of butane, whichever occurs first.
      (2) If your testing period starts on March 1 and you use 500,000 gallons of butane for the testing period on April 29 (60 days), you must perform testing under a quality assurance program sometime between March 1 and April 29. Your next testing period starts with the use of butane on April 30 and again ends after 90 days or after you use 500,000 gallons of butane, whichever occurs first.
      (c) Anyone performing tests on behalf of a manufacturer to demonstrate compliance with standards or other requirements under this part must meet the requirements of this subpart in the same way that the manufacturer needs to meet requirements for its own testing.
      (d) Anyone performing tests under this subpart must apply good laboratory practices for all sampling, measurement, and calculations related to testing required under this part. This requires performing these procedures in a way that is consistent with generally accepted scientific and engineering principles and properly accounting for all available relevant information.
      (e) Subpart P of this part has provisions related to importation, including provisions that describe how to meet the sampling and testing requirements of this subpart.
      (f) The following general provisions apply:
      (1) A crosscheck program is an arrangement for laboratories to perform measurements from test samples prepared from a single homogeneous fuel batch to establish an accepted reference value for evaluating precision and accuracy. This subpart relies on inter-laboratory crosscheck programs sponsored by ASTM International or another voluntary consensus standards body, or on crosscheck programs conducted separately by one or more companies.
      (2) A voluntary consensus standards body (VCSB) is an organization that follows consistent protocols to adopt standards reflecting a wide range of input from interested parties. ASTM International and the International Organization for Standardization are examples of VCSB organizations.
SCOPE OF TESTING
§1090.1310 Testing to demonstrate compliance with standards.
      (a) Perform testing as needed to submit the reports specified in subpart J of this part. This section specifies additional test requirements.
      (b) Fuel manufacturers must perform the following measurements before the fuel, fuel additive, or regulated blendstock from a given batch leaves the fuel manufacturing facility, except as specified in §1090.1315:
      (1) Diesel fuel. Perform testing for each batch of ULSD, 500 ppm LM diesel fuel, and ECA marine fuel to demonstrate compliance with sulfur standards.
      (2) Gasoline. Perform testing for each batch of gasoline to demonstrate compliance with sulfur and benzene standards and perform testing for each batch of summer gasoline to demonstrate compliance with RVP standards.
      (c) The following testing provisions apply for gasoline and gasoline regulated blendstock:
      (1) Gasoline manufacturers producing BOB must prepare a hand blend as specified in §1090.1340 and perform the following measurements:
      (i) For Summer CG, measure RVP in the BOB.
      (ii) For Summer RFG, measure RVP in the hand blend.
      (iii) Measure the sulfur content of both the BOB and the hand blend.
      (iv) Measure the benzene content of the hand blend.
      (2) Oxygenate producers must measure the sulfur content of each batch of oxygenate, except that DFE producers may meet the alternative requirements in §1090.1330.
      (3) Ethanol denaturant producers that certify denaturant under §1090.1330 must measure the sulfur content of each batch of denaturant.
      (4) Certified butane and certified pentane producers must perform sampling and testing to demonstrate compliance with purity specifications and sulfur and benzene standards as specified in §1090.1320.
      (5) Transmix processors producing gasoline from TGP must test each batch of gasoline for parameters required to demonstrate compliance with §1090.510 as specified in §1090.1325.
      (d) Blending manufacturers producing gasoline by adding blendstock to PCG must comply with §1090.1320.
      (e) For gasoline produced at a fuel blending facility or a transmix processing facility, gasoline manufacturers must measure such gasoline for oxygenate and for distillation parameters (i.e., T10, T50, T90, final boiling point, and percent residue) in addition to other measurements to demonstrate compliance with applicable standards.
§1090.1315 In-line blending.
      Fuel manufacturers using in-line blending equipment may qualify for a waiver from the requirement in §1090.1310(b) to test every batch of fuel before the fuel leaves the fuel manufacturing facility as follows:
      (a) The waiver in this section applies if you use or intend to use in-line blending equipment to supply fuel directly into a pipeline, marine vessel, or other type of distribution that does not involve collecting fuel in a tank or other type of storage for creating a batch of fuel. It also applies for fuel manufacturers that produce batches of fuel that are too large to contain in available storage tanks.
      (b) Waivers granted under 40 CFR part 80 are no longer valid. Any party who received an in-line blending waiver granted under 40 CFR part 80 may continue to operate under the waiver until January 1, 2022. To obtain a waiver under this part, submit a request signed by the RCO to EPA with the following information:
      (1) Describe the location of your in-line blending operation, how long it has been in operation, and how much of each type and grade of fuel you have blended over the preceding 3 years (or since starting the in-line blending operation if that is less than 3 years). Describe the physical layout of the blending operation and how you move the blended fuel into distribution. Also describe how your automated system monitors and controls blending proportions and the properties of the blended fuel. For new installations, describe these as a planned operation with projected volumes by type and grade.
      (2) Describe how you collect and test composite fuel samples in a way that is equivalent to measuring the fuel properties of a batch of blended fuel as specified in this subpart. Your procedures need to conform to the sampling specifications in ASTM D4177 and the composite calculations in ASTM D5854 (both incorporated by reference in §1090.95).
      (3) Describe any expectation or plan for you or another party to perform additional downstream testing for the same fuel parameters.
      (4) Describe your quality assurance procedures. Describe any experiences from the previous 3 years where these quality assurance procedures led you to make corrections to your in-line blending operation.
      (5) Describe any times from the previous 3 years that you modified fuel after it came out of your blending operation. Describe how you modified the fuel and why that was necessary.
      (6) Describe how you will meet the auditing requirements of paragraph (c) of this section.
      (c) You must arrange for an audit of your blending operation each calendar year that reviews procedures and documents to determine whether measured and calculated values properly represent the aggregate fuel properties for the blended fuel.
      (d) You must update your in-line blending waiver request 60 days prior to making any material change to your in-line blending process.
      (e) If EPA approves your request for a waiver under this section, you may need to update your procedures for more effective control and documentation of measured fuel parameters based on audit results, development of improved practices, or other information.
§1090.1320 Adding blendstock to PCG.
      The requirements of this section apply for refiners and blending manufacturers that add blendstock to PCG to produce a new batch of gasoline. Paragraph (c) of this section specifies an alternative approach for certified butane and certified pentane blenders. Section 1090.1325 describes additional provisions that apply to transmix processors.
      (a) Sample and test using one of the following methods to exclude PCG from the compliance demonstration for sulfur and benzene:
      (1) Compliance by subtraction. (i) Sample and test the sulfur and benzene content of each batch of PCG before blending blendstocks to produce a new batch of gasoline.
      (ii) Determine the volume of PCG that was blended with blendstock to produce a new batch of gasoline. Report the PCG as a negative batch as specified in §1090.905(c)(3)(i).
      (iii) After adding blendstock to PCG, sample and test the sulfur and benzene content of the new batch of gasoline.
      (iv) Determine the volume of the new batch of gasoline. Report the new batch of gasoline as a positive batch as specified in §1090.905(c)(3)(ii).
      (v) Include the PCG batch and the new batch of gasoline in compliance calculations as specified in §1090.700(d)(4)(i).
      (vi) The sample retention requirements in §1090.1345 apply for both the new batch of gasoline and the associated PCG.
      (2) Compliance by addition. (i) Sample and test the sulfur and benzene content of each batch of blendstock used to produce a new batch of gasoline from PCG.
      (ii) Determine the volume of each batch of blendstock used to produce the new batch of gasoline.
      (iii) Report each batch of blendstock as specified in §1090.905(c)(4).
      (iv) Include each batch of blendstock in compliance calculations as specified in §1090.700(d)(4)(ii).
      (v) The sample retention requirements in §1090.1345 apply for the new batch of gasoline and for each blendstock.
      (b) Regardless of the approach used under paragraph (a) of this section, fuel manufacturers must determine the volume of each blended batch of gasoline, and perform the following measurements for each blended batch of gasoline using the procedures specified in §1090.1350:
      (1) Measure the sulfur content, benzene content, oxygenate content, and for summer gasoline, RVP.
      (2) Determine the following distillation parameters: T10, T50, T90, final boiling point, and distillation residue.
      (c) Certified butane or certified pentane blenders that blend certified butane or certified pentane into PCG to make a new batch of gasoline may comply with the following requirements instead of the requirements of paragraphs (a) and (b) of this section:
      (1) For summer gasoline, measure RVP of the blended fuel. The fuel manufacturer may rely on sulfur and benzene test results from the certified butane or certified pentane producer. Note that §1090.245(e) disallows adding certified butane and certified pentane to RFG.
      (2) Before blending the certified butane or certified pentane with PCG, obtain a copy of the producer's test results indicating that the certified butane or certified pentane meets the standards in §1090.220 or §1090.225, respectively.
      (3) The certified pentane blender must enter into a contract with the certified pentane producer to verify that the certified pentane producer has an adequate quality assurance program to ensure that the certified pentane received will not be contaminated in transit.
      (4) The certified butane or certified pentane blender must conduct a quality assurance program to demonstrate that the certified butane or certified pentane meets the standards specified in §1090.220 or §1090.225, respectively. The quality assurance program must be based on sampling the more frequent of every 90 days or 500,000 gallons of certified butane or certified pentane received from each producer. The certified butane or certified pentane blender may rely on a third party to perform the testing.
§1090.1325 Adding blendstock to TGP.
      The following provisions apply to transmix processors producing gasoline by adding blendstock to TGP:
      (a) Perform testing for each batch of summer gasoline to demonstrate compliance with the applicable RVP standard in §1090.215.
      (b) Measure the distillation endpoint for gasoline produced from TGP as specified in §1090.1350.
      (c) Determine the volume, sulfur content, and benzene content of each blendstock batch used to produce gasoline for reporting and compliance calculations by following the sampling and testing requirements in §1090.1320 and treating the TGP used to produce the gasoline as PCG.
      (d) Sample and test the gasoline made from TGP and blendstock to demonstrate compliance with the sulfur per-gallon standard in §1090.205(b) and the applicable RVP standard in §1090.215.
      (e) Transmix processors producing gasoline by only adding TGP to PCG do not have to measure the benzene content of the finished gasoline. Such transmix processors also do not have to measure the oxygenate content of the finished gasoline if the records for each blendstock show no oxygenate content.
§1090.1330 Preparing denatured fuel ethanol.
      Instead of measuring every batch, DFE producers and importers may calculate the sulfur content of a batch of DFE as follows:
      (a) Determine the sulfur content of ethanol before adding denaturant by measuring it as specified in §1090.1310 or by estimating it based on your production quality control procedures.
      (b) Use the ppm sulfur content of certified ethanol denaturant specified on the PTD for the batch. If the sulfur content is specified as a range, use the maximum specified value.
      (c) Calculate the weighted sulfur content of the DFE using the values determined under paragraphs (a) and (b) of this section.
HANDLING AND PREPARING SAMPLES
§1090.1335 Collecting and preparing samples for testing.
      (a) General provisions. Use good laboratory practice to collect samples to represent the batch you are testing. For example, take steps to ensure that a batch is always well mixed before sampling. Also, always take steps to prevent sample contamination, such as completely flushing sampling taps and piping and pre-rinsing sample containers with the product being sampled. Follow the procedures in paragraph (b) of this section for manual sampling. Follow the procedures paragraph (c) of this section for automatic sampling. Additional requirements for measuring RVP are specified in paragraph (d) of this section.
      (b) Manual sampling. Perform manual sampling using one of the methods specified in ASTM D4057 (incorporated by reference in §1090.95) as follows:
      (1) Use tap sampling or spot sampling to collect upper, middle, and lower samples. Adjust spot sampling for partially filled tanks as shown in Table 1 or Table 5 of ASTM D4057 as applicable. For tap sampling, collect samples that most closely match the recommendations in Table 5 of ASTM D4057. If you test more than one sample for a given fuel parameter, calculate the arithmetic average of the test results to represent the batch and use the average result for determining compliance with the standards under this part. Each measured sample must meet all applicable per-gallon standards. If you test only one sample for a given parameter, you must use that test result to represent the batch. You may not use the results from a composite sample to determine compliance with the standards under this part.
      (2) Collect a "running" or "all-levels" sample from the top of the tank. Drawing a sample from a standpipe is acceptable only if it is slotted or perforated to ensure that the drawn sample properly represents the whole batch of fuel.
      (3) If the procedures in paragraphs (b)(1) and (2) of this section are impractical for a given storage configuration, you may use alternative sampling procedures as specified in ASTM D4057. This applies primarily for sampling with trucks, railcars, retail stations, and other downstream locations.
      (4) Test results with manual sampling are valid only after you demonstrate homogeneity as specified in §1090.1337, except that the homogeneity testing requirement does not apply in the following cases:
      (i) There is only a single sample using the procedures specified in paragraph (b)(1) of this section.
      (ii) Upright cylindrical tanks that have a liquid depth (from the tank outlet) less than 10 feet.
      (iii) You draw spot or tap samples as specified in paragraph (b)(1) of this section and test each sample for every parameter subject to a testing requirement and use the worst-case test result for each parameter for purposes of reporting, meeting per-gallon and average standards, and all other aspects of compliance.
      (iv) Sampling at a downstream location where it is not possible to collect separate samples and you take steps to ensure that the batch is well mixed.
      (c) Automatic sampling. Perform automatic sampling as specified in ASTM D4177 (incorporated by reference in §1090.95). Configure the system to ensure a well-mixed stream at the sampling point. The default sampling frequency should follow the recommended approach of at least 9,604 samples to represent a batch. EPA may approve a less frequent sampling strategy under §1090.1315(b)(2) if it is appropriate for a given facility or for a small-volume batch. Take steps to align the start and end of sampling with the start and end of creating the batch.
      (d) Sampling provisions related to measuring RVP of summer gasoline. The following additional provisions apply for preparing samples to measure RVP of summer gasoline:
      (1) Meet the additional specifications for manual and automatic sampling in ASTM D5842 (incorporated by reference in §1090.95).
      (2) If you measure RVP for multiple test samples to demonstrate compliance, do not calculate an average result. Rather, each tested sample must meet the applicable RVP standard.
      (3) If you measure other fuel parameters for a given sample in addition to RVP testing, always measure RVP first.
§1090.1337 Demonstrating homogeneity.
      (a) Use the procedures in this section as specified in §1090.1335 to determine whether a batch is homogeneous and suitable for parameter measurements under this subpart. If the batch is not homogeneous, increase mixing or take other appropriate steps and repeat the procedure.
      (b) Draw a sample representing different levels of stored fuel, fuel additive, or regulated blendstock in the tank as specified in §1090.1335(b)(1).
      (c) For testing to meet the gasoline standards in subpart C of this part, demonstrate homogeneity using two of the procedures specified in paragraph (c)(1) through (4) of this section. For summer gasoline, the homogeneity demonstration must include RVP measurements.
      (1) Measure API gravity from each sample using ASTM D287, ASTM D1298, or ASTM D4052 (incorporated by reference in §1090.95).
      (2) Measure the sulfur content of each sample as specified in this subpart.
      (3) Measure the benzene content of each sample as specified in this subpart.
      (4) Measure the RVP of each sample as specified in this subpart.
      (d) For testing to meet the diesel fuel standards in subpart D of this part, demonstrate homogeneity using one of the procedures specified in paragraph (c)(1) or (2) of this section.
      (e) Consider the batch to be homogeneous for a given parameter if the measured values for all tested samples vary by less than the published repeatability of the test method. If repeatability is a function of measured values, calculate repeatability using the average value of the measured parameter representing all tested samples. Calculate using all meaningful significant figures as specified for the test method, even if §1090.1350(c) describes a different precision. For cases that do not require a homogeneity demonstration under §1090.1335(b)(4), the lack of homogeneity demonstration does not prevent a quantity of fuel, fuel additive, or regulated blendstock from being considered a batch for demonstrating compliance with the requirements of this part.
§1090.1340 Preparing a hand blend from BOB.
      (a) If you produce or import BOB and instruct downstream blenders to add oxygenate, you must meet the sampling requirements of this subpart by blending oxygenate into a BOB sample to represent the final blended fuel. To do this, prepare each fuel sample by adding oxygenate to the BOB sample in a way that corresponds to your instructions to downstream blenders for the sampled batch of fuel. Prepare a hand blend representing a worst case for oxygenate as follows:
      (1) Take steps to avoid introducing high or low bias in sulfur content when selecting from available samples to create the hand blend. For example, if there are three samples with discrete sulfur measurements, select the sample with the mid-range sulfur content. In other cases, randomly select the sample.
      (2) If your instructions allow for downstream blenders to add more than one type or concentration of oxygenate, prepare a hand blend for summer gasoline intended for blending with ethanol using the lowest specified ethanol blend. For summer gasoline intended for blending only with oxygenate other than ethanol, and for all winter gasoline, blend at the lowest specified oxygenate concentration, regardless of the type of oxygenate. For example, if you give instructions for a given batch of BOB to perform downstream blending to make E10, E15, and an 8 percent blend with butanol, prepare a hand blend for testing winter gasoline with 8 percent butanol, and prepare an E10 hand blend for testing summer gasoline.
      (b) Blend the fuel using the procedures specified in ASTM D7717 (incorporated by reference in §1090.95). The blended fuel must have an amount of oxygenate that does not exceed the oxygenate concentration specified on the PTD for the BOB under §1090.1160(b)(1).
      (c) If you produce or import BOB and you blend in oxygenate before selling or transporting the fuel, you must instead draw samples from your blended fuel.
§1090.1345 Retaining samples.
      (a) Fuel manufacturers, regulated blendstock producers, and independent surveyors must retain samples of fuel and oxygenate tested under this subpart as follows:
      (1) If you test gasoline, diesel fuel, or oxygenate to measure any parameter as required under this subpart, you must keep a representative fuel sample for at least 30 days after testing is complete, except that a longer sample retention of 120 days applies for blending manufacturers that produce gasoline.
      (2) The nominal volume of retained samples must be at least 330 ml. If you have only a single sample for testing, keep that sample after testing is complete. If you collect multiple samples from a single batch or you create a hand blend, select a representative sample as follows:
      (i) If you test a hand blend under §1090.1340, keep a sample of the BOB.
      (ii) For summer gasoline, keep an untested (or less tested) sample that is most like the tested sample, as applicable. In all other cases, keep the tested (or most tested) sample.
      (b) Oxygenate producers and importers must keep oxygenate samples as follows:
      (1) Keep a representative sample of any tested oxygenate. Also keep a representative sample of DFE if you used the provisions of §1090.1330 to calculate its sulfur content. The nominal volume of retained samples must be at least 330 ml.
      (2) Keep all the samples you collect over the previous 21 days. If you have fewer than 20 samples from the previous 21 days, continue keeping the most recent 20 samples collected up to a maximum of 90 days for any given sample.
      (c) Keep records of all calculations, test results, and test methods for the batch associated with each stored sample.
      (d) If EPA requests a test sample, you must follow EPA's instructions and send it to EPA by a courier service (or equivalent). The instructions will describe where and when to send the sample. For each test sample, you must identify the test results and test methods used.
      (e) You are responsible for meeting the requirements of this section even if a third party performs testing and stores the fuel samples for you.
MEASUREMENT PROCEDURES
§1090.1350 Overview of test procedures.
      Fuel manufacturers meet the requirements of this subpart based on laboratory measurements of the specified fuel parameters. Test procedures for these measurements apply as follows:
      (a) Except as specified in paragraph (b) of this section, the Performance-based Measurement System specified in §§1090.1360 through 1090.1375 applies for all testing specified in this subpart for the following fuels and fuel parameters:
      (1) Sulfur content of diesel fuel.
      (2) Sulfur content of ECA marine fuel.
      (3) RVP, sulfur content, benzene content, and oxygenate content of gasoline. The procedures for measuring sulfur in gasoline in this subpart also apply for testing sulfur in certified ethanol denaturant; however, demonstrating compliance for alternative procedures in §1090.1365 and statistical quality control in §1090.1375 do not apply for sulfur concentration above 80 ppm.
      (4) Sulfur content of butane.
      (b) Specific test procedures apply for measuring other fuel parameters, as follows:
      (1) Determine the cetane index of diesel fuel as specified in ASTM D976 or ASTM D4737 (incorporated by reference in §1090.95). There is no cetane-related test requirement for biodiesel.
      (2) Measure aromatic content of diesel fuel as specified in ASTM D1319 or ASTM D5186 (incorporated by reference in §1090.95). You may use an alternative procedure if you correlate your test results with ASTM D1319 or ASTM D5186.
      (3) Measure the purity of butane and pentane as specified in ASTM D2163 (incorporated by reference in §1090.95).
      (4) Measure the benzene content of butane and pentane as specified in ASTM D5134 (incorporated by reference in §1090.95).
      (5) Measure the sulfur content of pentane as specified in ASTM D6667 (incorporated by reference in §1090.95).
      (6) Measure distillation parameters of gasoline as specified in ASTM D86 (incorporated by reference in §1090.95). You may use an alternative procedure if you correlate your test results with ASTM D86.
      (7) Measure the sulfur content of neat ethanol as specified in ASTM D5453 (incorporated by reference in §1090.95). You may use an alternative procedure if you correlate your test results with ASTM D5453.
      (8) Measure the phosphorus content of gasoline as specified in ASTM D3231 (incorporated by reference in §1090.95).
      (9) Measure the lead content of gasoline as specified in ASTM D3237 (incorporated by reference in §1090.95).
      (10) Measure the sulfur content of gasoline additives and diesel fuel additives as specified in ASTM D2622 (incorporated by reference in §1090.95).
      (11) Use referee procedures specified in §1090.1360(d) and the following additional methods to measure gasoline fuel parameters to meet the survey requirements of subpart N of this part:
      Table 1 to paragraph (b)(11)
Fuel parameter
Units
Test Method[1]
Distillation (T50 and T90)
°C
ASTM D86
Aromatic content
volume percent
ASTM D5769
Olefin content
volume percent
ASTM D6550
[1] ASTM specifications are incorporated by reference in §1090.95.
      (12) Updated versions of the test procedures specified in this section are acceptable as alternative procedures if both repeatability and reproducibility are at least as precise as the values specified in the earlier version.
      (c) Record measured values with the following precision, with rounding in accordance with §1090.50:
      (1) Record sulfur content to the nearest whole ppm.
      (2) Record benzene to the nearest 0.01 volume percent.
      (3) Record RVP to the nearest 0.01 psi.
      (4) Record oxygenate content to the nearest 0.01 mass percent for each calibrated oxygenate.
      (5) Record diesel aromatic content to the nearest 0.1 volume percent, or record cetane index to the nearest whole number.
      (6) Record gasoline aromatic and olefin content to the nearest 0.1 volume percent.
      (7) Record distillation parameters to the nearest whole degree.
      (d) For any measurement or calculation that depends on the volume of the test sample, correct the volume of the sample to a reference temperature of 15.5 °C (288.65 K). Use a correction equation that is appropriate for each tested compound. This applies for all fuels, blendstocks, and additives, except butane.
§1090.1355 Calculation adjustments and corrections.
      Adjust measured values for special circumstances as follows:
      (a) Adjust measured values for total vapor pressure as follows:
      RVP (psi) = 0.956 ∙ Ptotal − 0.347
      Where:
      Ptotal = Measured total vapor pressure, in psi.
      (b) For measuring the sulfur and benzene content of gasoline, adjust a given test result upward in certain circumstances, as follows:
      (1) If your measurement method involves a published procedure with a Pooled Limit of Quantitation (PLOQ), treat the PLOQ as your final result if your measured result is below the PLOQ.
      (2) If your measurement method involves a published procedure with a limited scope but no PLOQ, treat the lower bound of the scope as your final result if your measured result is less than that value.
      (3) If you establish a Laboratory Limit of Quantitation (LLOQ) below the lower bound of the scope of the procedure as specified in ASTM D6259 (incorporated by reference in §1090.95), treat the LLOQ as your final result if your measured result is less than the LLOQ. Note that this option is meaningful only if the LLOQ is less than a published PLOQ, or if there is no published PLOQ.
      (c) For measuring the benzene content of butane and pentane, report a zero value if the test result is at or below the PLOQ or Limit of Detection (LOD) that applies for the test method.
      (d) If measured content of any oxygenate compound is less than 0.1 percent by mass, record the result as "None detected."
§1090.1360 Performance-based Measurement System.
      (a) The Performance-based Measurement System (PBMS) is an approach that allows for laboratory testing with any procedure that meets specified performance criteria. This subpart specifies the performance criteria for measuring certain fuel parameters to demonstrate compliance with the standards and other specifications of this part. These provisions do not apply to process stream analyzers used with in-line blending.
      (b) Different requirements apply for absolute fuel parameters and method-defined fuel parameters.
      (1) Absolute fuel parameters are those for which it is possible to evaluate measurement accuracy by comparing measured values of a test sample to a reference sample with a known value for the measured parameter. The following are absolute fuel parameters:
      (i) Sulfur. This applies for measuring sulfur in any fuel, fuel additive, or regulated blendstock.
      (ii) [Reserved]
      (2) Method-defined fuel parameters are all those that are not absolute fuel parameters. Additional test provisions apply for method-defined fuel parameters under this section because there is no reference sample for evaluating measurement accuracy.
      (c) The performance criteria of this section apply as follows:
      (1) Section 1090.1365 specifies the initial qualifying criteria for all measurement procedures. You may use an alternative procedure only if testing shows that you meet the initial qualifying criteria
      (2) Section 1090.1375 specifies ongoing quality testing requirements that apply for laboratories that use either referee procedures or alternative procedures.
      (3) Streamlined requirements for alternative procedures apply for procedures adopted by a voluntary consensus standards body (VCSB). Compliance testing with non-VCSB procedures requires advance approval by EPA. Procedures are considered non-VCSB testing as follows:
      (i) Procedures developed by individual companies or other parties are considered non-VCSB procedures.
      (ii) Draft procedures under development by a VCSB organization are considered non-VCSB procedures until they are approved for publication.
      (iii) A published procedure is considered non-VCSB for testing with fuel parameters that fall outside the range of values covered in the research report of the ASTM D6708 (incorporated by reference in §1090.95) assessment comparing candidate alternative procedures to the referee procedure specified in paragraph (d) of this section.
      (4) You may qualify updated versions of the referee procedures as alternative procedures under §1090.1365. You may ask EPA for approval to use an updated version of the referee procedure for qualifying other alternative procedures if the updated referee procedure has the same or better accuracy and precision compared to the version specified in §1090.95. If the updated procedure has worse accuracy and precision compared to the earlier version, you must complete the required testing specified in §1090.1365 using the older, referenced version of the referee procedure.
      (5) Any laboratory may use the specified referee procedure without qualification testing. To use alternative procedures at a given facility, you must perform the specified testing to demonstrate compliance with precision and accuracy requirements, with the following exceptions:
      (i) Testing you performed to qualify alternative procedures under 40 CFR part 80 continues to be valid for making the demonstrations required in this part.
      (ii) Qualification testing is not required for laboratories that measure the benzene content of gasoline using Procedure B of ASTM D3606 (incorporated by reference in §1090.95). However, qualification testing may be necessary for updated versions of this procedure as specified in §1090.1365(a)(2).
      (d) Referee procedures are presumed to meet the initial qualifying criteria in this section. You may use alternative procedures if you qualify them using the referee procedures as a benchmark as specified in §1090.1365. The following are the referee procedures:
      Table 1 to paragraph (d)
Tested Product
Parameter
Referee Procedure[1]
ULSD, 500 ppm diesel fuel, ECA marine fuel, gasoline
Sulfur
ASTM D2622
Butane
Sulfur
ASTM D6667
Gasoline
oxygenate content
ASTM D5599
Gasoline
RVP
ASTM D5191, except as specified in §1090.1355(a)
Gasoline
benzene
ASTM D5769
[1] ASTM specifications are incorporated by reference in §1090.95.
§1090.1365 Qualifying criteria for alternative measurement procedures.
      This section specifies how to qualify alternative procedures for measuring absolute and method-defined fuel parameters under the Performance-based Analytical Test Method specified in §1090.1360.
      (a) The following general provisions apply for qualifying alternative procedures:
      (1) Alternative procedures must have appropriate precision to allow for reporting to the number of decimal places specified in §1090.1350(c).
      (2) Testing to qualify an alternative procedure applies for the specified version of the procedure you use for making the necessary measurements. Once an alternative procedure for a method-defined fuel parameter is qualified for your laboratory, updated versions of that same procedure are qualified without further testing, as long as the procedure's specified reproducibility is the same as or better than the values specified in the earlier version. For absolute fuel parameters, updated versions are qualified without testing if both repeatability and reproducibility are the same as or better than the values specified in the earlier version.
      (3) Except as specified in paragraph (d) of this section, testing to demonstrate compliance with the precision and accuracy specifications in this section apply only for the test facility where the testing occurred.
      (4) If a procedure for measuring benzene or sulfur in gasoline has no specified PLOQ and no specified scope with a lower bound, you must establish a LLOQ for your facility.
      (5) Testing for method-defined fuel parameters must take place at a reference installation as specified in §1090.1370.
      (b) All alternative procedures must meet precision criteria based on a calculated maximum allowable standard deviation for a given fuel parameter as specified in this paragraph. The precision criteria apply for measuring the parameters and fuels specified in paragraph (b)(3) of this section. Take the following steps to qualify the measurement procedure for measuring a given fuel parameter:
      (1) The fuel must meet the parameter specifications in Table 1 to paragraph (b)(3) of this section. This may require that you modify the fuel you typically produce to be within the specified range. Absent a specification (maximum or minimum), select a fuel representing values that are typical for your testing. Store and mix the fuel to maintain a homogenous mixture throughout the measurement period to ensure that each fuel sample drawn from the batch has the same properties.
      (2) Measure the fuel parameter from a homogeneous fuel batch at least 20 times. Record each result in sequence. Do not omit any valid results unless you use good engineering judgment to determine that the omission is necessary and you document those results and the reason for excluding them. Perform this analysis over a 20-day period. You may make up to 4 separate measurements in a 24-hour period, as long as the interval between measurements is at least 4 hours. Do not measure RVP more than once from a single sample.
      (3) Calculate the maximum allowable standard deviation as follows:
      σmax=x1∙x2x3
      Where:
      σmax = Maximum allowable standard deviation.
      x1, x2, and x3 have the values from the following table:
Table 1 to paragraph (b)(3) -- Precision Criteria for Qualifying Alternative Procedures
Fuel, fuel additive, or regulated blendstock
Fuel parameter
Range
x1
x2 = Repeatability (r) or Reproducibility (R)[1]
x3
Fixed values of σmax
Source[2]
ULSD
Sulfur
5 ppm minimum
1.5
r=1.33
2.77
0.72
ASTM D3120-08 (2019)
500 ppm LM diesel fuel
Sulfur
350 ppm minimum
1.5
r=21.3
2.77
11.5
ASTM D2622-16
ECA marine fuel
Sulfur
700 ppm minimum
1.5
37.1
2.77
20.1
ASTM D2622-16
Butane
Sulfur
 --
1.5
r = 0.1152∙x
2.77
 --
ASTM D6667-14 (2019)
Gasoline
Sulfur
 --
1.5
r = 0.4998∙x[0.54]
2.77
 --
ASTM D7039-15a
Gasoline
oxygenate
 --
0.3
R = 0.13∙x[0.83]
1
 --
ASTM D5599-18
Gasoline
RVP[3]
 --
0.3
R=0.40
1
0.12
ASTM D5191-19
Gasoline
Benzene
 --
0.15
R=0.221∙x[0.67]
1
 --
ASTM D5769-15
[1] Calculate repeatability and reproducibility using the average value determined from testing. Use units as specified in §1090.1350(c).
[2] ASTM publications are incorporated by reference in §1090.95. Note that the listed procedure may be different than the referee procedure identified in §1090.1360(d), or it may be an older version of the referee procedure.
[3] Use only 1-liter containers for testing to qualify alternative methods.
      (c) Alternative VCSB procedures for measuring absolute fuel parameters (sulfur) must meet accuracy criteria based on the following measurement procedure:
      (1) Obtain gravimetric sulfur standards to serve as representative reference samples. The samples must have known sulfur content within the ranges specified in paragraph (c)(3) of this section. The known sulfur content is the accepted reference value (ARV) for the fuel sample.
      (2) Measure the sulfur content of the fuel sample at your laboratory at least 10 times, without interruption. Use good laboratory practice to compensate for any known chemical interferences; however, you must apply that same compensation for all tests to measure the sulfur content of a test fuel. Calculate the arithmetic average of all the measured values, including any compensation.
      (3) The measurement procedure meets the accuracy requirement as follows:
      (i) Demonstrate accuracy for measuring sulfur in gasoline, gasoline regulated blendstock, and gasoline additive using test fuels to represent sulfur values from 1 to 10 ppm, 11 to 20 ppm, and 21 to 95 ppm. You may omit any of these ranges if you do not perform testing with fuel in that range. Calculate the maximum allowable difference between the average measured value and ARV for each applicable range as follows:
      ∆max=0.75∙σmax
      Where:
      Δmax = Maximum allowable difference.
      σmax = the maximum allowable standard deviation from paragraph (b)(3) of this section using the sulfur content represented by ARV.
      (ii) Demonstrate accuracy for measuring sulfur in diesel fuel using test fuels meeting the specifications in Table 2 to this section. For testing diesel-related blendstocks and additives, use representative test samples meeting the appropriate sulfur specification. Table 2 to paragraph (c)(3)(ii) of this section also identifies the maximum allowable difference between average measured values and ARV corresponding to ARV at the upper end of the specified ranges. These values are based on calculations with the equation in paragraph (c)(3)(i) of this section, with parameter values set to be equal to the standard.
Table 2 to paragraph (c)(3)(ii) -- Accuracy Criteria for Qualifying Alternative Procedures with Diesel Fuel and Diesel-Related Blendstocks and Additives
Fuel
Sulfur Content (ppm)
Illustrated Maximum Allowable Differences
ULSD
10-20
0.54
500 ppm LM diesel fuel
450-500
8.65
ECA marine fuel
900-1,000
15.1
      (d) Alternative VCSB procedures for measuring method-defined fuel parameters must meet accuracy criteria as follows:
      (1) You may use the alternative procedure only if you follow all the statistical protocols and meet all the criteria specified in Section 6 of ASTM D6708 (incorporated by reference in §1090.95) when comparing your measurements using the alternative procedure to measurements at a reference installation using the appropriate referee test method identified in §1090.1360(d).
      (2) For qualifying alternative procedures, determine whether the alternative procedure needs a correlation equation to correct bias relative to the reference test method. Create such a correlation equation as specified in Section 7 of ASTM D6708. For all testing, apply the correlation equation to adjust measured values to be statistically consistent to measuring with the reference test method.
      (3) If an alternative VCSB procedure states that the procedure has a successful assessment relative to the referee procedures in this section under ASTM D6708, that finding applies for all test facilities using that procedure.
      (e) Alternative non-VCSB procedures for measuring absolute fuel parameters (sulfur) must meet accuracy criteria as follows:
      (1) Demonstrate whether the procedure meets statistical criteria and whether it needs a correlation equation as specified in paragraphs (d)(1) and (2) of this section. Apply the correlation equation for all testing with the alternative procedure.
      (2) Demonstrate at your laboratory that the alternative procedure meets the accuracy criteria specified in paragraph (c) of this section.
      (3) Send EPA a written request to use the alternative procedure. In your request, fully describe the procedure to show how it functions for achieving accurate measurements and include detailed information related to your assessment under paragraph (d)(1) and (2) of this section.
      (f) Alternative non-VCSB procedures for measuring method-defined fuel parameters must meet accuracy and precision criteria as follows:
      (1) Demonstrate whether the procedure meets statistical criteria and whether it needs a correlation equation as specified in paragraphs (d)(1) and (2) of this section. Apply the correlation equation for all testing with the alternative procedure.
      (2) Test with a range of fuels that are typical of those you will analyze at your laboratory. Use either consensus-named fuels or locally-named reference materials. Consensus-named fuels are homogeneous fuel quantities sent around to different laboratories for analysis, which results in a "consensus name" representing the average value of the parameter for all participating laboratories. Locally named reference materials are fuel samples analyzed using the reference test method, either at your laboratory or at a reference installation, to establish an estimated value for the fuel parameter; locally named reference materials usually come from the fuel you produce.
      (3) You may qualify your procedure as meeting the variability requirements of paragraph (f)(1) of this section only for a narrower, defined range of fuels. If this is the case, identify the appropriate range of fuels in your request for approval and describe how you will screen fuel samples accordingly.
      (4) Qualify the precision of the alternative procedure by comparing results to testing with the referee procedure based on "between methods reproducibility," Rxy, as specified in ASTM D6708. The Rxy must be at or below 75 percent of the reproducibility of the referee procedure from §1090.1360(d).
      (5) Perform testing at your laboratory as specified in paragraph (b) of this section to establish the repeatability of the alternative procedure. The repeatability must be as good as or better than that specified in paragraph (b)(3) of this section.
      (6) Fully describe the procedure to show how it functions for achieving accurate measurements. Describe the technology, test instruments, and testing method so a competent person lacking experience with the procedure and test instruments would be able to replicate the results.
      (7) Engage a third-party auditor to review and verify your information as follows:
      (i) The auditor must qualify as an independent third party and meet the specifications for technical ability as specified in §1090.55.
      (ii) The auditor must send you a report describing their inspection of your facilities and their review of the information supporting your request to use the alternative procedure. The report must describe how the auditor performed the review, identify any errors or discrepancies, and state whether the information supports a conclusion that the alternative procedure should be approved.
      (iii) The auditor must keep records related to the review for at least 5 years after sending you the report and provide those records to EPA upon request.
      (8) Send EPA a written request to use the alternative procedure. Include the specified information and any additional information EPA needs to evaluate your request.
      (g) Keep fuel samples from any qualification testing under this section for at least 180 days after you have taken all steps to qualify an alternative procedure under this section. This applies for testing at your laboratory and at any reference installation you use for demonstrating the accuracy of an alternative procedure.
§1090.1370 Qualifying criteria for reference installations.
      (a) A reference installation refers to a test facility that uses the referee test method specified in §1090.1360(d) to evaluate the accuracy of alternative procedures for method-defined parameters, by comparing measured values to companion tests using one of the referee procedures in §1090.1360(d). This evaluation may result in an equation to correlate results between the two procedures. Once a facility qualifies as a reference installation, that qualification is valid for five years from the qualifying date, consistent with good laboratory practices.
      (b) Qualify a reference installation for VCSB procedures by participating in an interlaboratory crosscheck program with at least 16 separate measurements that are not identified as outliers. This presumes that the results for the candidate reference installation are not outliers.
      (c) Qualify a reference installation for non-VCSB procedures based on the following measurement protocol:
      (1) Use the precision testing procedure specified in §1090.1365(b) to show that your standard deviation for tests using the reference test method is at or below 0.3 times the reproducibility for a given fuel parameter.
      (2) You must correlate your test results for a given fuel parameter against the accepted reference values from a monthly crosscheck program based on Section <IP_ADDRESS> and Note 7 of ASTM D6299 (incorporated by reference in §1090.95) as follows:
      (i) If there are multiple fuels available from the crosscheck program, select the fuel that has the closest value to the standard. If there is no standard for a given fuel parameter, select the fuel with values for the fuel parameter that best represent typical values for fuels you test.
      (ii) Measure the fuel parameter for the crosscheck fuel at your facility using the appropriate referee procedure. Calculate a mean value that includes all your repeat measurements.
      (iii) Determine the mean value from the crosscheck program and calculate the difference between this value and the mean value from your testing. Express this difference as a certain number of standard deviations relative to the data set from the crosscheck program.
      (iv) The calculated monthly difference between the mean values from §1090.1365(c)(3)(ii) for 5 consecutive months must fall within the central 50 percent of the distribution of data at least 3 times. The central 50 percent of the distribution corresponds to 0.68 standard deviations.
      (v) Calculate the mean value of the differences from §1090.1365(c)(3)(ii) for all 5 months. This mean value must fall within the central 50 percent of the distribution of data from the crosscheck program. For example, if the difference was 0.5 standard deviations for two months, 0.6 for one month, and 0.7 for two months, the mean value of the difference is 0.6 standards deviations, and the reference installation meets the requirements of this paragraph.
      (3) You must demonstrate that the reference installation is in statistical quality control for at least 5 months with the designated procedure as specified in ASTM D6299 (incorporated by reference in §1090.95). If at any point the reference installation is not in statistical quality control, you must make any necessary changes and restart testing toward meeting the requirement to achieve statistical quality control for at least 5 months, except as follows:
      (i) Do not consider measurements you perform as part of regular maintenance or recalibration for evaluating statistical quality control.
      (ii) If you find that the reference installation is not in statistical quality control during an initial 5-month period and you are able to identify the problem and make the necessary changes to again achieve statistical quality control before the end of the 5-month demonstration period, you may consider the reference installation as meeting the requirement to be in statistical quality control for at least 5 months.
§1090.1375 Quality control procedures.
      This section specifies ongoing quality testing requirements as part of the Performance-based Measurement System specified in §1090.1360.
      (a) General provisions. You must perform testing to show that your test facility meets specified precision and accuracy criteria as follows:
      (1) The testing requirement applies for the referee procedures in §1090.1360(d) and for alternate procedures that are qualified or approved under §1090.1365. The testing requirements apply separately for each test instrument at each test facility.
      (2) If you fail to conduct specified testing, your test facility is not qualified for measuring fuel parameters to demonstrate compliance with the standards and other specifications of this part until you perform this testing. Similarly, if your test facility fails to meet the specified criteria, it is not qualified for measuring fuel parameters to demonstrate compliance with the standards and other specifications of this part until you make the necessary changes to your test facility and perform testing to show that the test facility again meets the specified criteria.
      (3) If you perform major maintenance such as overhauling an instrument, confirm that the instrument still meets precision and accuracy criteria before you start testing again based on the procedures specified in ASTM D6299 (incorporated by reference in §1090.95).
      (4) Keep records to document your testing under this section for 5 years.
      (b) Precision demonstration. Show that you meet precision criteria as follows:
      (1) Meeting the precision criteria of this paragraph (b) qualifies your test facility for performing up to 20 production tests or 7 days, whichever is less.
      (2) Perform precision testing using the control-chart procedures in ASTM D6299. If you opt to use the Q-procedure, validate the first run on the new QC batch by either an overlap in-control result of the old batch, or by a single execution of an accompanying standard reference material. The new QC material result would be considered validated if the single result of the standard reference material is within the established site precision (R') of the ARV of the standard reference material, as determined by ASTM D6792 (incorporated by reference in §1090.95).
      (3) Use I charts and MR charts as specified in ASTM D6299 to show that the long-term standard deviation for the test facility meets the precision criteria specified in §1090.1365(b).
      (c) Accuracy demonstration. For absolute fuel parameters (VCSB and non-VCSB) and for method-defined fuel parameters using non-VCSB methods, you must show that you meet accuracy criteria as specified in this paragraph. For method-defined VCSB procedures, you may meet accuracy requirements as specified in this paragraph or by comparing your results to the accepted reference value in an inter-laboratory crosscheck program sponsored by ASTM International or another VCSB at least 3 times per year.
      (1) Meeting the accuracy criteria of this paragraph (c) qualifies your test facility for 130 days.
      (2) Except as specified in paragraph (c)(3) of this section, test every instrument using a check standard meeting the specifications of ASTM D6299. Select a fuel sample with an ARV that is at or slightly below the standard that applies. If there are both average and batch standards, use the average standard. If there is no standard, select a fuel sample representing fuel that is typical for your testing.
      (3) The following provisions apply for method-defined non-VCSB alternative procedures with high sensitivity to sample-specific bias:
      (i) Procedures have high sensitivity if the closeness sum of squares (CSS) statistic exceeds the 95[th] percentile value, as specified in ASTM D6708 (incorporated by reference in §1090.95).
      (ii) Create a check standard from production fuel representing the fuel you will routinely analyze. Determine the ARV of your check standard using the protocol in ASTM D6299 at a reference installation as specified in §1090.1370.
      (iii) You must send EPA a fuel sample from every twentieth batch of gasoline or diesel fuel and identify the procedures and corresponding test results from your testing. EPA may return one of your samples to you for further testing; if this occurs, you must repeat your measurement and report your results within 180 days of receiving the fuel sample.
      (4) You meet accuracy requirements under this section if the difference between your measured value for the check standard and the ARV is less than the value from the following equation:
      Δmax=0.75∙R∙1+1L
      Where:
      Δmax = Maximum allowable difference.
      R = Reproducibility of the referee procedure identified in §1090.1360(d), as noted in Table 1 to paragraph (b)(3) of §1090.1365 or in the following table:
      Table 1 to paragraph (c)(3)
Tested Product
Referee Procedure[1]
Reproducibility (R)[2]
ULSD, 500 ppm diesel fuel, ECA marine fuel, diesel fuel additive, gasoline, gasoline regulated blendstock, and gasoline additive
ASTM D2622
R= 0.4273·x [0.8015]
Butane
ASTM D6667
R= 0.3130·x
[1] ASTM specifications are incorporated by reference in §1090.95.
[2] Calculate reproducibility using the average value determined from testing. Use units as specified in §1090.1350(c).
      L = the total number of test results used to determine the ARV of a consensus-named fuel. For testing locally named fuels for which no consensus-based ARV applies, use L = infinity.
TESTING RELATED TO GASOLINE DEPOSIT CONTROL
§1090.1390 Requirement for Automated Detergent Blending Equipment Calibration.
      (a) Automated detergent blending facilities must calibrate their automated detergent blending equipment once in each calendar half-year, with the acceptable calibrations being no less than 120 days apart.
      (b) Equipment recalibration is also required each time the detergent package is changed, unless written documentation indicates that the new detergent package has the same viscosity as the previous detergent package. Calibrating after changing the detergent package may be used to satisfy the semiannual recalibration requirement in paragraph (a) of this section, provided that the calibrations occur in the appropriate calendar half-year and are no less than 120 days apart.
§1090.1395 Gasoline deposit control test procedures.
      Gasoline detergent manufacturers must perform testing as specified in paragraph (a), (b), or (c) of this section to establish the lowest additive concentration (LAC) for the detergent.
      (a) Top Tier-Based Test Method. Use the procedures specified in ASTM D6201 (incorporated by reference in §1090.95), as follows:
      (1) Use a base fuel that conforms to the specifications for gasoline-alcohol blends in ASTM D4814 (incorporated by reference in §1090.95). Blendstocks used to formulate the test fuel must be derived from conversion units downstream of distillation, with all processes representing normal fuel manufacturing facility operations. Blendstocks may not come from chemical grade streams. Butane and pentane may be added to adjust vapor pressure. The base fuel should include any nondetergent additives typical of commercially available fuel if they may positively or negatively affect deposit formation. In addition, the base fuel must have the following properties:
      (i) 8.0 - 10.0 volume percent DFE that meets the requirements in §1090.230 and conforms to the specifications of ASTM D4806 (incorporated by reference in §1090.95).
      (ii) At least 8.0 volume percent olefins.
      (iii) At least 15 volume percent aromatics.
      (iv) No more than 80 ppm sulfur.
      (v) T90 distillation temperature at or above 143 °C.
      (vi) No detergent-active substance. A base fuel with typical nondetergent additives, such as antioxidants, corrosion inhibitors, and metal deactivators, may be used.
      (2) Perform the 100-hour test for intake valve deposits with the base fuel to demonstrate that the intake valves accumulate at least 500 mg on average. If the test engine fails to accumulate enough deposits, make any necessary adjustments and repeat the test. This demonstration is valid for any further detergent testing with the same base fuel.
      (3) Repeat the test on the same engine with a specific concentration of detergent added to the base fuel. If the test results in less than 50 mg average per intake valve, the tested detergent concentration is the LAC for the detergent.
      (b) CARB-Based Test Method. Use the procedures specified by CARB in Title 13, California Code of Regulations, section 2257.
      (1) A detergent tested under this option or certified under 40 CFR 80.163(d) prior to January 21, 2021, may be used at the LAC specified for use in the state of California in any gasoline in the United States.
      (2) The gasoline detergent manufacturer must cease selling a detergent immediately upon being notified by CARB that the CARB certification for this detergent has been invalidated and must notify EPA under 40 CFR 79.21.
      (c) Alternative test methods. (1) An EPA-approved alternative test method may be used if the alternative test method can be correlated to any one of the following methods.
      (i) The Top Tier-Based Test Method specified in paragraph (a) of this section.
      (ii) The CARB-Based Test Method in paragraph (b) of this section.
      (iii) The retired EPA BMW Test Method as follows:
      (A) Prepare the test fuel with the following specification:
      (1) Sulfur  -  minimum 340 ppm.
      (2) T-90  -  minimum 339 degrees Fahrenheit.
      (3) Olefins  -  minimum 11.4 volume percent.
      (4) Aromatics  -  minimum 31.1 volume percent.
      (5) Ethanol  -  minimum 10 volume percent.
      (6) Sulfur, T-90, olefins, and aromatics specifications must be met prior to the addition of ethanol.
      (7) Di-tert-butyl disulfide may be added to the test fuel to help meet the sulfur specification.
      (B) Using the test fuel meeting the requirements of paragraphs (c)(1)(iii)(A) of this section, test the test fuel with and without detergent in accordance with ASTM D5500 (incorporated by reference in §1090.95) and under the following conditions:
      (1) The unadditized fuel's test results must meet or exceed 290 mg per valve on average.
      (2) The required test fuel, including detergent additives, must produce the accumulation of less than 100 mg of intake valve deposits on average.
      (3) The duration of the demonstration tests under ASTM D5500 may be less than the specified 10,000 miles, provided the results satisfy the standards of this paragraph.
      (C) If the demonstration test results do not meet the criteria in paragraph (c)(1)(iii)(B) of this section, then the formulated fuel may not be used for detergent deposit control testing.
      (2) Alternative test methods for detergent additives must be correlated to one of the methods specified in paragraph (c)(1) of this section in the submission.
      (3) Information describing the alternative test method and analysis demonstrating correlation must be submitted for EPA approval as specified in §1090.10.

Subpart N -- Survey Provisions
§1090.1400 National fuels survey program participation.
      (a) Gasoline manufacturers that elect to account for the addition of oxygenate added downstream under §1090.710 must participate in the national fuel survey program specified in this subpart.
      (b) Parties required to participate in an E15 survey under §1090.1420(a) must participate in the national fuels survey specified in this subpart or a survey approved by EPA under §1090.1420(b) or (c).
      (c) Other parties may elect to participate in the national fuel survey program for purposes of establishing an affirmative defense against violations of requirements and provisions under this part as specified in §1090.1720.
§1090.1405 National fuels survey program requirements.
      The national fuels survey program must meet all the following requirements:
      (a) The survey program must be planned and conducted by an independent surveyor that meets the independence requirements in §1090.55 and the requirements specified in §1090.1410.
      (b) The survey program must be conducted at a representative sample of gasoline and diesel retail outlets in the United States as specified in §1090.1415.
§1090.1410 Independent surveyor requirements.
      The independent surveyor conducting the national fuels survey program must meet all the following requirements:
      (a) Submit a proposed survey program plan under §1090.1415 to EPA for approval for each calendar year.
      (b)(1) Obtain samples representative of the gasoline and diesel fuel (including diesel fuel made available at retail to nonroad vehicles, engines, and equipment) offered for sale separately from all gasoline and diesel retail outlets in accordance with the survey program plan approved by EPA, or immediately notify EPA of any refusal of a retailer to allow samples to be taken.
      (2) Obtain the number of samples representative of the number of gasoline retail outlets offering E15.
      (3) Collect samples of gasoline produced at blender pump using "method 1" specified in NIST Handbook 158 (incorporated by reference, see §1090.95). All other samples of gasoline and diesel fuel must be collected using the methods specified in subpart M of this part.
      (4) Samples must be shipped via ground service to an EPA-approved laboratory within 2 business days of being collected.
      (c) Test, or arrange to be tested, the collected samples, as follows:
      (1) Gasoline samples must be analyzed for oxygenate content, sulfur content, and benzene content. Gasoline samples collected from June 1 through September 15 must also be analyzed for RVP.
      (2) A subset of gasoline samples, as determined by §1090.1415(e)(3), must also be analyzed for aromatics content, olefins content, and distillation parameters (i.e., T50 and T90).
      (3) Diesel samples must be analyzed for sulfur content.
      (4) All samples must be tested by an EPA-approved laboratory using the test methods specified in subpart M of this part.
      (5) All testing must be completed by the EPA-approved laboratory within 10 business days after receipt of the sample.
      (d) Verify E15 labeling requirements at gasoline retail outlets that offer E15 for sale.
      (e) Using procedures specified in an EPA-approved plan under §1090.1415, notify EPA, the retailer, and the branded fuel manufacturer (if applicable) within 24 hours after the EPA-approved laboratory has completed analysis when any of the following occur:
      (1) A test result for a gasoline sample yields a sulfur content result that exceeds the sulfur standard in §1090.205(c).
      (2) A test result for a gasoline sample yields an RVP result that exceeds the applicable RVP standard in §1090.215.
      (3) A test result for a diesel sample yields a sulfur content result that exceeds the sulfur standard in §1090.305(b).
      (4) A test result for a gasoline sample identified as "E15" yields an ethanol content result that exceeds 15 volume percent.
      (5) A test result for a gasoline sample not identified as "E15" yields an ethanol content of more than 10 volume percent ethanol.
      (f) Provide to EPA quarterly and annual summary reports that include the information specified in §1090.925.
      (g) Keep records related to the national fuels survey program as specified in §1090.1245(b)(1).
      (h) Submit contracts to EPA as specified in §1090.1430.
      (i) Permit any representative of EPA to monitor at any time the conducting of the survey, including sample collection, transportation, storage, and analysis.
§1090.1415 Survey plan design requirements.
      The national fuels survey program plan must include all the following:
      (a) Number of surveys. The survey program plan must include 4 surveys each calendar year that occur during the following time periods:
      (1) One survey during the period of January 1 through March 31.
      (2) One survey during the period of April 1 through June 30.
      (3) One survey during the period of July 1 through September 30.
      (4) One survey during the period of October 1 through December 31.
      (b) Sampling areas. The survey program plan must include sampling in all sampling strata during each survey. These sampling strata must be further divided into discrete sampling areas or clusters. Each survey must include sampling in at least 40 sampling areas in each stratum that are randomly selected.
      (c) No advance notice of surveys. The survey program plan must include procedures to keep the identification of the sampling areas that are included in the plan confidential from any participating party prior to the beginning of a survey in an area. However, this information must not be kept confidential from EPA.
      (d) Gasoline and diesel retail outlet selection. (1) Gasoline and diesel retail outlets to be sampled in a sampling area must be selected from among all gasoline retail outlets in the United States that sell gasoline with the probability of selection proportionate to the volume of gasoline sold at the retail outlet. The sample of retail outlets must also include gasoline retail outlets with different brand names as well as those gasoline retail outlets that are unbranded.
      (2) For any gasoline or diesel retail outlet from which a sample of gasoline or diesel was collected during a survey was reported to EPA under §1090.1410(e), that gasoline or diesel retail outlet must be included in the subsequent survey.
      (3) At least one sample of a product dispensed as E15 must be collected at each gasoline retail outlet when E15 is present, and separate samples must be taken that represent the gasoline contained in each storage tank at the gasoline retail outlet unless collection of separate samples is not practicable.
      (4) At least one sample of a product dispensed as diesel fuel must be collected at each diesel fuel retail outlet when diesel fuel is present. Samples of diesel fuel may be collected at retail outlets that sell gasoline.
      (e) Number of samples. (1) The number of retail outlets to be sampled must be independently calculated for the total number of gasoline retail outlets and the total number of diesel fuel retail outlets. The same retail outlet may represent both a gasoline retail outlet and a diesel fuel retail outlet for purposes of determining the number of samples.
      (2) The minimum number of samples to be included in the survey plan for each calendar year is calculated as follows:
      n=Zα+Zβ24∙arcsinφ1-arcsinφ02∙Fa∙Fb∙Sun∙Stn
      Where:
      n = Minimum number of samples in a year-long survey series. However, n must be greater than or equal to 2,000 for the number of diesel samples or 5,000 for the number of gasoline samples.
      Zα = Upper percentile point from the normal distribution to achieve a one-tailed 95% confidence level (5% α-level). For purposes of this survey program, Zα equals 1.645.
      Zβ = Upper percentile point to achieve 95% power. For purposes of this survey program, Zβ equals 1.645.
      φ1 = The maximum proportion of non-compliant outlets for a region to be deemed compliant. This parameter needs to be 5% or greater (i.e., 5% or more of the outlets, within a stratum such that the region is considered non-compliant).
      φ0 = The underlying proportion of non-compliant outlets in a sample. For the first survey plan, φ0 will be 2.3%. For subsequent survey plans, φ0 will be the average of the proportion of outlets found to be non-compliant over the previous 4 surveys.
      Fa = Adjustment factor for the number of extra samples required to compensate for samples that could not be included in the survey (e.g., due to technical or logistical considerations), based on the number of additional samples required during the previous 4 surveys. Fa must be greater than or equal to 1.1.
      Fb = Adjustment factor for the number of samples required to resample each retail outlet with test results reported to EPA under §1090.1410(e), based on the rate of resampling required during the previous 4 surveys. Fb must be greater than or equal to 1.1.
      Sun = Number of surveys per year. For purposes of this survey program, Sun equals 4.
      Stn = Number of sampling strata. For purposes of this survey program, Stn equals 3.
      (3) The number of gasoline samples that also need to be tested for aromatics, olefins, and distillation parameters under §1090.1410(c)(2) must be calculated using the methodology specified in paragraph (e)(2) of this section without the Fa, Fb, and Sun parameters.
      (4) The number of samples determined under paragraphs (e)(2) and (3) of this section must be distributed approximately equally among the 4 surveys conducted during the calendar year.
      (f) Laboratory designation. Any laboratory that the independent surveyor intends to use to test samples collected as part of the national fuels survey program must be approved annually as part of the national fuels survey program plan approval process in §1090.1425. In the survey program plan submitted to EPA, the independent surveyor must include the following information regarding any laboratory they intend to use to test samples:
      (1) The name of the laboratory.
      (2) The address of the laboratory.
      (3) The test methods for each fuel parameter measured at the laboratory.
      (4) Reports demonstrating the laboratory's performance in a laboratory cross-check program for the most recent 12 months prior to submission of the plan.
      (g) Submission. Plans submitted under this section must be approved annually under §1090.1425.
§1090.1420 Additional requirements for E15 misfueling mitigation surveying.
      (a) E15 misfueling mitigation survey requirement. (1) Any gasoline manufacturer, oxygenate blender, or oxygenate producer that produces, introduces into commerce, sells, or offers for sale E15, gasoline, BOB, DFE, or gasoline-ethanol blended fuel that is intended for use in or as E15 must comply with either survey program Option 1 (as specified in paragraph (b) of this section) or Option 2 (as specified in paragraph (c) of this section).
      (2) For oxygenate producers that produce or import DFE, the DFE is deemed as intended for use in E15 unless an oxygenate producer demonstrates that it was not intended for such use. Oxygenate producers may demonstrate, at a minimum, that DFE is not intended for use in E15 by including language on PTDs stating that the DFE is not intended for use in E15, entering into contracts with oxygenate blenders to limit the use of their DFE to gasoline-ethanol blended fuels of no more than 10 volume percent, and limiting the concentration of their DFE to no more than 10 volume percent in their fuel additive registration under 40 CFR part 79.
      (b) Survey Option 1. To comply with the E15 misfueling mitigation survey requirement specified in paragraph (a) of this section, the gasoline manufacturer, oxygenate blender, or oxygenate producer must properly conduct a survey program in accordance with a survey program plan that has been approved by EPA in all areas that may be reasonably expected to be supplied with their gasoline, BOB, DFE, or gasoline-ethanol blended fuel. Such approval must be based on a survey program plan meeting all the following requirements:
      (1) The survey program must consist of at least quarterly surveys that occur during the following time periods in every year during which the gasoline manufacturer, oxygenate blender, or oxygenate producer introduces E15 into commerce:
      (i) One survey during the period of January 1 through March 31.
      (ii) One survey during the period of April 1 through June 30.
      (iii) One survey during the period of July 1 through September 30.
      (iv) One survey during the period of October 1 through December 31.
      (2) The survey program plan must meet all the requirements of this subpart, except for §§1090.1400, 1090.1405(b), 1090.1410(c)(2) and (3), and 1090.1415(b), (d)(1), (2), and (4), and (e). In lieu of meeting these exempted sections, the survey program plan must specify the sampling strata, clusters, and area(s) to be surveyed, and the number of samples to be included in the survey.
      (c) Survey Option 2. To comply with the E15 misfueling mitigation survey requirement specified in paragraph (a) of this section, the gasoline manufacturer, oxygenate blender, or oxygenate producer must participate in the survey program specified in §1090.1405.
§1090.1425 Program plan approval process.
      (a) A program plan that complies with the requirements in §1090.1415 or §1090.1440 must be submitted to EPA no later than October 15 of the year preceding the calendar year in which the program will be conducted.
      (b) The program plan must be signed by an RCO of the independent surveyor conducting the program.
      (c) The program plan must be submitted as specified in §1090.10.
      (d) EPA will send a letter to the party submitting the program plan that indicates whether EPA approves or disapproves the plan.
§1090.1430 Independent surveyor contract.
      (a) No later than December 15 of the year preceding the year in which the survey will be conducted, the contract with the independent surveyor must be in effect, and the amount of compensation necessary to carry out the entire survey plan must either be paid to the independent surveyor or placed into an escrow account with instructions to the escrow agent to remit the compensation to the independent surveyor during the course of the survey plan.
      (b) No later than December 31 of the year preceding the year in which the survey will be conducted, EPA must receive a copy of the contract with the independent surveyor and proof that the compensation necessary to carry out the survey plan has either been paid to the independent surveyor or placed into an escrow account. If placed into an escrow account, a copy of the escrow agreement must be sent to EPA.
§1090.1440 National sampling oversight program requirements.
      (a) National sampling oversight program participation. (1) Except for gasoline manufacturers that have an approved in-line blending waiver under §1090.1315, any gasoline manufacturer that elects to account for the addition of oxygenate added downstream under §1090.710 must participate in the national sampling oversight program in this section.
      (2) Other gasoline manufacturers may elect to participate in the national sampling oversight program for purposes of establishing an affirmative defense to a violation under §1090.1720.
      (3) Gasoline manufacturers that elect to participate in the national sampling oversight program must test, or arrange to be tested, samples collected from their gasoline manufacturing facilities as specified in paragraph (c)(2) of this section and report results to the independent surveyor within 10 business days of the date the sample was collected.
      (b) National sampling oversight program requirements. The national oversight sampling program must meet all the following requirements:
      (1) The national oversight sampling program must be planned and conducted by an independent surveyor that meets the independence requirements in §1090.55 and the requirements of paragraph (c) of this section.
      (2) The national sampling oversight program must be conducted at each gasoline manufacturing facility from all participating gasoline manufacturers.
      (c) Independent surveyor requirements. The independent surveyor conducting the national sampling oversight program must meet all the following requirements:
      (1) Submit a proposed national sampling oversight program plan that meets the requirements of paragraph (d) of this section to EPA for approval each calendar year.
      (2)(i) Obtain at least one sample representing summer gasoline and one sample representing winter gasoline for each participating gasoline manufacturing facility.
      (ii) Observe the gasoline manufacturer collect at least one sample representing summer gasoline and one sample representing winter gasoline for each participating gasoline manufacturing facility. The independent surveyor must also obtain a portion of the sample collected by the gasoline manufacturer and ship the sample as specified in paragraph (c)(2)(v) of this section. The observed sample does not need to represent a batch of certified gasoline (i.e., the independent surveyor may observe the collection of a simulated sample if the gasoline manufacturer does not have a batch of certified gasoline available).
      (iii) The independent surveyor must immediately notify EPA of any refusal of a gasoline manufacturer to allow samples to be taken. Gasoline manufacturers that refuse to allow the independent surveyor to take portions of collected samples are no longer considered by EPA to participate in the national sampling oversight program and may not account for the addition of oxygenate added downstream under §1090.710.
      (iv) Samples must be retained by the independent surveyor as specified in §1090.1345(a).
      (v) Samples collected must be shipped via ground service within 2 business days from when the samples are collected to an EPA-approved laboratory as established in an approved plan under this section. A random subset of collected samples must also be shipped to the EPA National Vehicle and Fuel Emissions Laboratory as established in an approved plan under this section.
      (3) Test, or arrange to be tested, samples collected under paragraph (c)(2) of this section as follows:
      (i) Winter gasoline samples must be analyzed for oxygenate content, sulfur content, benzene content, distillation parameters, aromatics, and olefins.
      (ii) Summer gasoline samples must be analyzed for oxygenate content, sulfur content, benzene content, distillation parameters, aromatics, olefins, and RVP.
      (iii) All samples must be tested by an EPA-approved laboratory using test methods specified in subpart M of this part.
      (iv) All analyses must be completed by the EPA-approved laboratory within 10 business days after receipt of the sample.
      (v) Gasoline manufacturers must analyze gasoline samples for sulfur and benzene content, and for summer gasoline, RVP.
      (4) Using procedures specified in the EPA-approved plan under this section, notify EPA and the gasoline manufacturer within 24 hours after the EPA-approved laboratory has completed analysis when any of the following occur:
      (i) A test result for a gasoline sample yields a sulfur content result that exceeds the sulfur standard in §1090.205(b).
      (ii) A test result for a gasoline sample yields an RVP result that exceeds the applicable RVP standard in §1090.215.
      (5) Make the test results available to EPA and the gasoline manufacturer for all analyses specified in paragraph (c)(3) of this section within 5 business days of completion of the analysis.
      (6) Compare test results of all samples collected under paragraph (c)(2) of this section and all test results obtained from the gasoline manufacturer from the same samples as specified in paragraph (a)(3) of this section and inform EPA and the gasoline manufacturer if the test result for any parameter tested under paragraph (c)(3) of this section is greater than the reproducibility of the applicable method specified in subpart M of this part.
      (7) Provide to EPA quarterly and annual summary reports that include the information specified in subpart J of this part.
      (8) Keep records related to the national sampling oversight program as specified in §1090.1245(b)(3).
      (9) Submit contracts to EPA as specified in §1090.1430.
      (10) Review the test performance index and precision ratio for each method and instrument the laboratory used to test the gasoline samples collected under this section as follows:
      (i) For each test method and instrument, the surveyor must obtain the relevant records from the gasoline manufacturer to determine the site precision, either from an inter-laboratory crosscheck program or from ASTM D6299 (incorporated by reference in §1090.95).
      (ii) Using relevant information obtained from the gasoline manufacturers, the surveyor must determine the appropriate Test Performance Index (TPI) and Precision Ration (PR) from ASTM D6792 Table 2 Guidelines for Action Based on TPI (incorporated by reference in §1090.95).
      (iii) Report as part of the quarterly and annual reporting requirements in §1090.925 the determined site precision under paragraph (c)(10)(i) of this section and the test performance index under paragraph (c)(10)(ii) of this section.
      (iv) Gasoline manufacturers must supply copies of the necessary information to the independent surveyor to review the TPI and PR for each method and instrument used to test the gasoline samples collected under this section.
      (11) Permit any representative of EPA to monitor at any time the conducting of the national sampling oversight program, including sample collection, transportation, storage, and analysis.
      (d) National sampling oversight program plan requirements. The national sampling oversight program plan specified in paragraph (c)(1) of this section must include, at a minimum, all the following:
      (1) Advance notice of sampling. The program plan must include procedures on how to keep the identification of the gasoline manufacturing facilities included in the program plan confidential with minimal advanced notification from any participating gasoline manufacturer prior to collecting a sample. However, this information must not be kept confidential from EPA.
      (2) Gasoline manufacturing facility selection. (i) Each participating gasoline manufacturing facility must be sampled at least once during the summer season and once during the winter season. The plan must demonstrate how these facilities will be randomly selected within the summer and winter seasons.
      (ii) In addition to the summer and winter sample collected at each participating gasoline manufacturing facility, additional oversight samples are required under paragraph (d)(3)(ii) of this section. The independent surveyor must identify how these samples will be randomly distributed among participating gasoline manufacturing facilities.
      (3) Number of samples. (i) The number of gasoline manufacturing facilities to be sampled must be calculated for the total number of samples to be collected for the next calendar year as part of the program plan.
      (ii) The minimum number of samples to be included in the program plan for each calendar year is calculated as follows:
      n=R*Fa*Fb*Sun
      Where:
      n = Minimum number of samples in a year.
      R = The number of participating gasoline manufacturing facilities.
      Fa = Adjustment factor for the number of extra samples required to compensate for samples that could not be included in the national sampling oversight program (e.g., due to technical or logistical considerations), based on the number of additional samples required during the previous 2 calendar years. Fa must be greater than or equal to 1.1.
      Fb = Adjustment factor for the number of samples required to ensure oversight. For purposes of this program, Fb equals 1.25.
      Sun = Number of samples required per participating facility per year. For purposes of this program, Sun equals 2.
      (4) Laboratory designation. Any laboratory that the independent surveyor intends to use to test samples collected as part of the national sampling oversight program specified in this subpart must be approved annually as part of the sampling oversight program plan approval process in §1090.1425. The independent surveyor must include the following information regarding any laboratory it intends to use to test samples:
      (i) The name of the laboratory.
      (ii) The address of the laboratory.
      (iii) The test methods for each fuel parameter measured at the laboratory.
      (iv) Reports demonstrating the laboratory's performance in a laboratory cross-check program for the most recent 12 months prior to submission of the plan.
      (5) Sampling procedure. The plan must include a detailed description of the sampling procedures used to collect samples at participating gasoline manufacturing facilities.
      (6) Notification of test results. The plan must include a description of how the independent surveyor will notify EPA and gasoline manufacturers of test results under paragraph (c)(4) of this section.
      (7) Submission. Plans submitted under this section must be approved annually under §1090.1425.

Subpart O -- Retailer and Wholesale Purchaser-Consumer Provisions
§1090.1500 Overview.
      (a) Retailers and WPCs must meet the labeling requirements in §§1090.1510 and 1090.1515, as applicable, and the refueling hardware requirements in §§1090.1550 through 1090.1565, as applicable.
      (b) An alternative label design to those specified in this subpart may be used if the design is approved by EPA prior to use and meets all the following requirements:
      (1) The alternative label must be similar in substance and appearance to the EPA-required label.
      (2) The alternative label must contain the same informational elements.
      (3) The alternative label must be submitted as specified in §1090.10.
LABELING
§1090.1510 E15 labeling provisions.
      Any retailer or WPC dispensing E15 must apply a label to the fuel dispenser as follows:
      (a) Position the label to clearly identify which control the consumer will use to select E15. If the dispenser is set up to dispense E15 without the consumer taking action to select the fuel, position the label on a vertical surface in a prominent place, approximately at eye level.
      (b) Figure 1 of this section shows the required content and formatting. Use black letters on an orange background for the lower portion and the diagonal "Attention" field and use orange letters on a black background for the rest of the upper portion. Font size is shown in Figure 1. Set vertical position and line spacing as appropriate for each field. Dimensions are nominal values.
                      Figure 1 of §1090.1510 -- E15 Label

§1090.1515 Diesel sulfur labeling provisions.
      Any retailer or WPC dispensing heating oil, 500 ppm LM diesel fuel, or ECA marine fuel must apply labels to fuel dispensers as follows:
      (a) Labels must be in a prominent location where the consumer will select or dispense either the corresponding fuel or heating oil. The label content must be in block letters of no less than 24-point bold type, printed in a color contrasting with the background.
      (b) Labels must include the following statements, or equivalent alternative statements approved by EPA:
      (1) For dispensing heating oil along with any kind of diesel fuel for any kind of engine, vehicle, or equipment, apply the following label:
                                     HEATING OIL
                                       WARNING
      Federal law prohibits use in highway vehicles or engines, or in nonroad, locomotive, or marine diesel engines.
      Its use may damage these diesel engines.
      (2) For dispensing 500 ppm LM diesel fuel, apply the following label:
             LOCOMOTIVE AND MARINE DIESEL FUEL (500 ppm Sulfur Maximum)
                                       WARNING
      Federal law prohibits use in nonroad engines or in highway vehicles or engines.
      (3) For dispensing ECA marine fuel, apply the following label:
                     ECA MARINE FUEL (1,000 ppm Sulfur Maximum).
                   For use in Category 3 (C3) marine vessels only.
                                       WARNING
      Federal law prohibits use in any engine that is not installed in a C3 marine vessel; use of fuel oil with a sulfur content greater than 1,000 ppm in an ECA is prohibited except as allowed by 40 CFR part 1043.
      Note: If a pump dispensing 500 ppm LM diesel fuel is labeled with the "LOW SULFUR LOCOMOTIVE AND MARINE DIESEL FUEL (500 ppm Sulfur Maximum)" label, the retailer or WPC does not need to replace this label.
REFUELING HARDWARE
§1090.1550 Requirements for gasoline dispensing nozzles used with motor vehicles.
      (a) The following refueling hardware specifications apply for any nozzle installation used for dispensing gasoline into motor vehicles:
      (1) The outside diameter of the terminal end must not be greater than 21.3 mm.
      (2) The terminal end must have a straight section of at least 63 mm.
      (3) The retaining spring must terminate at least 76 mm from the terminal end.
      (b) For nozzles that dispense gasoline into motor vehicles, the dispensing flow rate may not exceed a maximum value of 10 gallons per minute. The flow rate may be controlled through any means in the pump/dispenser system, as long as it does not exceed the specified maximum value. Any dispensing pump dedicated to heavy-duty vehicles or airplanes is exempt from this flow-rate requirement. Dispensing pumps primarily used with marine vessels must instead meet the requirements in §1090.1555.
§1090.1555 Requirements for gasoline dispensing nozzles used primarily with marine vessels.
      The refueling hardware specifications of this section apply for any nozzle installation used primarily for dispensing gasoline into marine vessels. Note that nozzles meeting these specifications also meet the specifications of §1090.1550(a).
      (a) The outside diameter of the terminal end must have a diameter of 20.93+-00.43 mm.
      (b) The spout must include an aspirator hole for automatic shutoff positioned with a center that is 17.0+-01.3 mm from the terminal end of the spout.
      (c) The terminal end must have a straight section of at least 63.4 mm with no holes or grooves other than the aspirator hole.
      (d) The retaining spring (if applicable) must terminate at least 76 mm from the terminal end.
§1090.1560 Requirements related to dispensing natural gas.
      (a) Except for pumps dedicated to heavy-duty vehicles, any pump installation used for dispensing natural gas into motor vehicles must have a nozzle and hose configuration that vents no more than 1.2 grams of natural gas during a complete refueling event for a vehicle meeting the requirements of 40 CFR 86.1813-17(f)(1).
      (b) Determine the vented volume using calculations based on the geometric shape of the nozzle and hose.
§1090.1565 Requirements related to dispensing liquefied petroleum gas.
      (a) Except for pumps dedicated to heavy-duty vehicles, any pump installation used for dispensing liquefied petroleum gas into motor vehicles must have a nozzle that has no greater than 2.0 cm[3] dead space from which liquefied petroleum gas will be released when the nozzle disconnects from the vehicle.
      (b) Determine the volume of the nozzle cavity using calculations based on the geometric shape of the nozzle, with an assumed flat surface where the nozzle face seals against the vehicle.

Subpart P -- Importer and Exporter Provisions
§1090.1600 General provisions for importers.
      (a) This subpart contains provisions that apply to any person who imports fuel, fuel additive, or regulated blendstock.
      (b) Importers that import fuel at multiple import facilities must comply with the gasoline average standards as specified in §1090.705(b) unless the importer elects to comply with the alternative per-gallon standards for rail and truck imports specified in §§1090.205(d) and 1090.210(c).
      (c) Importers must separately comply with any applicable certification or other requirements for U.S. Customs.
      (d) Alternative testing requirements for importers that import gasoline or diesel fuel by rail or truck are specified in §1090.1610.
§1090.1605 Importation by marine vessel.
      Importers that import fuel, fuel additive, or regulated blendstock using a marine vessel must comply with the requirements of this section.
      (a) Importers must certify each fuel, fuel additive, or regulated blendstock imported at each port, even if it is transported by the same vessel making multiple stops.