(e)(1) No person may produce, import, sell, offer for sale, distribute, offer to distribute, supply, offer for supply, dispense, store, transport, or introduce into commerce any diesel fuel, ECA marine fuel, or diesel fuel additive that exceeds any standard set forth in this subpart.
      (2) Notwithstanding paragraph (e)(1) of this section, importers may import diesel fuel that does not comply with the standards set forth in this subpart if all the following conditions are met:
      (i) The importer offloads the imported diesel fuel into one or more tanks that are physically located at the same import facility at which the imported diesel fuel first arrives in the United States or at a facility to which the imported diesel fuel is directly transported from the import facility at which the imported diesel fuel first arrived in the United States.
      (ii) The importer uses the imported diesel fuel to produce one or more new batches of diesel fuel.
      (iii) The importer certifies the new batch of diesel fuel under §1090.1100(c) and demonstrates that it complies with the standards in this subpart by measuring fuel parameters in accordance with subpart M of this part before title or custody to any new batch of diesel fuel is transferred.
      (f) No person may introduce used motor oil, or used motor oil blended with diesel fuel, into the fuel system of model year 2007 or later diesel motor vehicles or engines or model year 2011 or later nonroad diesel vehicles or engines (not including locomotive or marine diesel engines).
§1090.305 ULSD standards.
      (a) Overview. Except as specified in §1090.300(a)(1) and (2), diesel fuel must meet the ULSD per-gallon standards of this section.
      (b) Sulfur standard. Maximum sulfur content of 15 ppm.
      (c) Cetane index or aromatic content. Diesel fuel must meet one of the following standards:
      (1) Minimum cetane index of 40.
      (2) Maximum aromatic content 35 volume percent.
§1090.310 Diesel fuel additives standards.
      This section specifies how the ULSD sulfur standard applies to additives blended into diesel fuel that is subject to the standards in §1090.305.
      (a) Except as specified in paragraph (b) and (c) of this section, diesel fuel additives must have a sulfur concentration less than or equal to 15 ppm on a per-gallon basis.
      (b) Diesel fuel additives do not have to comply with paragraph (a) of this section if all the following conditions are met:
      (1) The additive is added to or used in diesel fuel in a quantity less than 1.0 volume percent of the resultant additive/diesel fuel mixture.
      (2) The PTD complies with the requirements in §1090.1170(b).
      (3) The additive is not commercially available as a retail product for ultimate consumers.
      (c) The provisions of this section do not apply to additives used with 500 ppm LM diesel fuel or ECA marine fuel.
§1090.315 Heating oil, kerosene, and jet fuel provisions.
      Heating oil, kerosene, and jet fuel may not be sold for use in motor vehicles or non-road equipment and are not subject to the ULSD standards in §1090.305 unless also designated as ULSD under §1090.1115(a).
§1090.320 500 ppm LM diesel fuel standards.
      (a) Overview. Transmix processors and pipeline operators that produce and distribute 500 ppm LM diesel fuel under §1090.520 for use only in the eligible locomotives and marine engines must meet the per-gallon standards of this section.
      (b) Sulfur standard. Maximum sulfur content of 500 ppm.
      (c) Cetane index or aromatic content. The standard for cetane index or aromatic content in §1090.305(c) applies to 500 ppm LM diesel fuel.
§1090.325 ECA marine fuel standards.
      (a) Overview. Expect as specified in paragraph (c) of this section, ECA marine fuel must meet the per-gallon standards and provisions of this section.
      (b) Standards. ECA marine fuel is subject to the following per-gallon standards.
      (1) Sulfur per-gallon standard. Maximum sulfur content of 1,000 ppm.
      (2) [Reserved]
      (c) Exceptions. The standards in paragraph (b) of this section do not apply to the following:
      (1) Residual fuel made available for use in a steamship or C3 marine vessel if the U.S. government allows the vessel to be exempt or excluded from MARPOL Annex VI fuel standards. Diesel fuel and other distillate fuel used in diesel engines operated on such vessels is subject to the standards in this section instead of the standards in §1090.305 or §1090.320.
      (2) Distillate global marine fuel that is exempt under §1090.650.

Subpart E -- Reserved

Subpart F -- Transmix and Pipeline Interface Provisions
§1090.500 Scope.
      (a) This subpart contains provisions for transmix blenders, transmix processors, and distributors that produce and distribute the specified fuels from transmix.
      (b) Any person other than a transmix blender that uses the provisions of this subpart must be registered with EPA under subpart I of this part.
§1090.505 Gasoline produced from blending transmix into PCG.
      (a) Except as specified in paragraph (f) of this section, transmix blenders who blend transmix into PCG under §1090.150 must comply with the requirements of this section.
      (b)(1) The resultant transmix-blended gasoline must not exceed a distillation end-point of 437 degrees Fahrenheit.
      (2) The resultant transmix-blended gasoline must meet the downstream sulfur per-gallon standard in §1090.205(c) and the applicable RVP standard in §1090.215.
      (3) The transmix blender must comply with the recordkeeping requirements in §1090.1255.
      (4) The transmix blender must maintain and follow a written quality assurance program designed to assure that the type and amount of transmix blended into PCG will not cause violations of the applicable fuel quality standards.
      (c) Except as specified in paragraph (d) of this section, as a part of the quality assurance program, transmix blenders must collect samples of gasoline after blending transmix and test the samples to ensure the end-point temperature of the final transmix-blended gasoline does not exceed 437 degrees Fahrenheit, using one of the following sampling methods:
      (1) For transmix that is blended in a tank (including a tank on a barge), collect a representative sample of the final transmix-blended gasoline following each occasion transmix is blended.
      (2) For transmix that is blended by a computer controlled in-line blending system, the transmix blender must collect composite samples of the final transmix-blended gasoline at least twice each calendar month during which transmix is blended. In-line samples may be collected to comply with the requirements of this paragraph if the applicable requirements in paragraph (d)(2) of this section are met.
      (d) Any transmix blender may petition EPA for approval of a quality assurance program that does not include the minimum sampling and testing requirements in paragraph (c) of this section. To seek approval for such an alternative quality assurance program, the transmix blender must submit a petition to EPA that includes all the following:
      (1) A detailed description of the quality assurance procedures to be carried out at each location where transmix is blended into PCG, including a description of how the transmix blender proposes to determine the ratio of transmix that can be blended with PCG without violating any of the applicable standards in this part, and a description of how the transmix blender proposes to determine that the gasoline produced by the transmix blending operation meets the applicable standards.
      (2) If the transmix is blended by a computer controlled in-line blending system, the transmix blender must also include the information required for refiners related to the approval by EPA of the use of an in-line blending system under §1090.1315.
      (3) A letter signed by the RCO or their delegate stating that the information contained in the submission is true to the best of their belief must accompany the petition.
      (4) Transmix blenders that petition EPA to use an alternative quality assurance program must comply with any request by EPA for additional information or any other requirements that EPA includes as part of EPA's evaluation of the petition. However, the transmix blender may withdraw their petition or approved use of an alternative quality assurance program at any time, upon notice to EPA.
      (5) EPA reserves the right to modify the requirements of an approved alternative quality assurance program, in whole or in part, at any time, or withdraw approval of such an alternative quality assurance program if EPA determines that the transmix blender's operation does not effectively or adequately control, monitor, or document the end-point temperature of the gasoline produced, or if EPA determines that any other circumstance exists that merits modification of the requirements of an approved alternative quality assurance program.
      (e) In the event that the test results for any sample collected under a quality assurance program indicate that the gasoline does not comply with any of the applicable standards in this part, the transmix blender must do all the following:
      (1) Immediately take steps to stop the sale of the gasoline that was sampled.
      (2) Take reasonable steps to determine the cause of the noncompliance and prevent future instances of noncompliance.
      (3) Notify EPA of the noncompliance.
      (4) If the transmix was blended by a computer controlled in-line blending system, increase the rate of sampling and testing to a minimum frequency of once per week and a maximum frequency of once per day and continue the increased frequency of sampling and testing until the results of 10 consecutive samples and tests indicate that the gasoline complies with applicable standards, at which time the sampling and testing may be conducted at the original frequency.
      (f) Small volumes of fuel that are captured in pipeline sumps or trapped in pipeline pumps or valve manifolds and that are injected back into batches of gasoline or diesel fuel are exempt from the transmix blending requirements in this section.
§1090.510 Gasoline produced from TGP.
      (a) General provisions. (1) Transmix processors who produce gasoline from TGP under §1090.145 must meet the requirements of this section.
      (2) Transmix processors may not use any feedstock other than transmix to produce TGP or TDP.
      (3) Transmix processors may produce gasoline using only TGP, a combination of TGP and PCG, a combination of TGP and blendstock(s), or a combination TGP, PCG, and blendstock(s) under the provisions of this section.
      (b) Demonstration of compliance with sulfur per-gallon standard. Transmix processors must demonstrate that each batch of gasoline they produce meets one of the following sulfur standards, as applicable, by measuring the sulfur content of each batch of gasoline in accordance with subpart M of this part:
      (1) Each batch of gasoline produced solely from TGP or a combination of TGP and PCG must comply with the downstream sulfur per-gallon standard in §1090.205(c).
      (2) Each batch of gasoline produced from a combination of TGP and any blendstock must comply with the fuel manufacturing facility gate sulfur per-gallon standard in §1090.205(b).
      (c) Demonstration of compliance with sulfur and benzene average standards. (1) Transmix processors must exclude TGP and PCG used to produce gasoline under the provisions of this section and PCG blended with TGP from their compliance calculations to demonstrate compliance with the sulfur and benzene average standards in §§1090.205(a) and 1090.210, respectively. Transmix processors that produce gasoline from only TGP or TGP and PCG are deemed to be in compliance with the sulfur and benzene average standards in §§1090.205(a) and 1090.210, respectively.
      (2) Transmix processors must include any blendstocks other than TGP and exclude any TGP and PCG used to produce gasoline under the provisions of this section in calculations to demonstrate compliance with the sulfur and benzene average standards in §§1090.205(a) and 1090.210, respectively.
      (3) Transmix processors must comply with the provisions in §1090.1325 for gasoline produced by adding blendstock to TGP.
      (d) Demonstration of compliance with RVP standard. Transmix processors must demonstrate that each batch of gasoline they produce meets the applicable RVP standard in §1090.215 by measuring the RVP of each batch in accordance with subpart M of this part.
      (e) Distillation point determination. Transmix processors must determine the following distillation parameters for each batch of gasoline they produce in accordance with subpart M of this part:
      (1) T10.
      (2) T50.
      (3) T90.
      (4) End-point.
      (5) Distillation residue.
§1090.515 ULSD produced from TDP.
      Except as specified in §1090.520, transmix processors must demonstrate that each batch of diesel fuel produced from TDP meets the ULSD standards in §1090.305 by measuring the sulfur content of each batch of diesel fuel in accordance with subpart M of this part.
§1090.520 500 ppm LM diesel fuel produced from TDP.
      (a) Overview. Transmix processors who produce 500 ppm LM diesel fuel from TDP must comply with the requirements of this section and the standards for 500 ppm LM diesel fuel specified in §1090.320.
      (b) Blending component limitation. Transmix processors may only use the following components to produce 500 ppm LM diesel fuel:
      (1) TDP.
      (2) ULSD.
      (3) Diesel fuel additives that comply with the requirements in §1090.310.
      (c) Volume requirements. Parties that handle 500 ppm LM diesel fuel must calculate the volume of 500 ppm LM diesel fuel received versus the volume delivered and used on a compliance period basis. An increase in the volume of 500 ppm LM diesel fuel delivered compared to the volume received must be due solely to one or more of the following:
      (1) Normal pipeline interface cutting practices under paragraph (e)(1) of this section.
      (2) Thermal expansion due to a temperature difference between the times when the volume of 500 ppm LM diesel fuel received and the volume of 500 ppm LM diesel fuel delivered were measured.
      (3) The addition of ULSD to a retail outlet or WPC 500 ppm LM diesel fuel storage tank under paragraph (e)(2) of this section.
      (d) Use restrictions. 500 ppm LM diesel fuel may only be used in locomotive and marine engines that are not required to use ULSD under 40 CFR 1033.815 and 40 CFR 1042.660, respectively. No person may use 500 ppm LM diesel fuel in locomotive or marine engines that are required to use ULSD, in any nonroad vehicle or engine, or in any motor vehicle engine.
      (e) Segregation requirement. Transmix processors and distributors must segregate 500 ppm LM diesel fuel from other fuels except as follows:
      (1) Pipeline operators may ship 500 ppm LM diesel fuel by pipeline provided that the 500 ppm LM diesel fuel does not come into physical contact in the pipeline with distillate fuels that have a sulfur content greater than 15 ppm. If 500 ppm LM diesel fuel is shipped by pipeline adjacent to ULSD, the pipeline operator must cut ULSD into the 500 ppm LM diesel fuel.
      (2) WPCs and retailers of 500 ppm LM diesel fuel may introduce ULSD into a storage tank that contains 500 ppm LM diesel fuel, provided that the other requirements of this section are satisfied. The resulting mixture must be designated as 500 ppm LM diesel fuel.
      (f) Party limit. No more than 4 separate parties may handle the 500 ppm LM diesel fuel between the producer and the ultimate consumer.
      (g) Compliance plan. For each facility, a transmix processor that produces 500 ppm LM diesel fuel must obtain approval from EPA for a compliance plan at least 60 days prior to producing 500 ppm LM diesel fuel. The compliance plan must detail how the transmix processor intends to meet all the following requirements:
      (1) Demonstrate how the 500 ppm LM diesel fuel will be segregated by the producer through to the ultimate consumer from fuel having other designations under paragraph (e) of this section.
      (2) Demonstrate that the end users of 500 ppm LM diesel fuel will also have access to ULSD for use in those engines that require ULSD.
      (3) Identify the parties that handle the 500 ppm LM diesel fuel through to the ultimate consumer.
      (4) Identify all ultimate consumers that are supplied with the 500 ppm LM diesel fuel.
      (5) Demonstrate how misfueling of 500 ppm LM diesel fuel into vehicles, engines, or equipment that require the use of ULSD will be prevented.
      (6) Include an EPA registration number.
§1090.525 Handling practices for pipeline interface that is not transmix.
      (a) Subject to the limitations in paragraph (b) of this section, pipeline operators may cut pipeline interface from two batches of gasoline subject to EPA standards that are shipped adjacent to each other by pipeline into either or both these batches of gasoline provided that this action does not cause or contribute to a violation of the standards in this part.
      (b) During the summer season, pipeline operators may not cut pipeline interface from two batches of gasoline subject to different RVP standards that are shipped adjacent to each other by pipeline into the gasoline batch that is subject to the more stringent RVP standard. For example, during the summer season, pipeline operators may not cut pipeline interface from a batch of RFG shipped adjacent to a batch of conventional gasoline into the batch of RFG.
      (c) 500 ppm LM diesel fuel may be shipped via pipeline as specified in §1090.520(e)(1).

Subpart G -- Exemptions, Hardships, and Special Provisions
§1090.600 General provisions.
      (a) Gasoline, diesel fuel, or IMO marine fuel that is exempt under this section is exempt from all other provisions of this part, unless otherwise stated.
      (b) Fuel not meeting all the requirements and conditions specified in this subpart for an exemption is subject to all applicable standards and requirements of this part.
§1090.605 National security and military use exemptions.
      (a) Fuel, fuel additive, and regulated blendstock that is produced, imported, sold, offered for sale, supplied, offered for supply, stored, dispensed, or transported for use in the following tactical military vehicles, engines, or equipment, including locomotive and marine engines, are exempt from the standards specified in this part:
      (1) Tactical military vehicles, engines, or equipment, including locomotive and marine engines, that have an EPA national security exemption from the motor vehicle emission standards under 40 CFR parts 85 or 86, or from the nonroad engine emission standards under 40 CFR parts 89, 92, 94, 1042, or 1068.
      (2) Tactical military vehicles, engines, or equipment, including locomotive and marine engines, that are not subject to a national security exemption from vehicle or engine emissions standards specified in paragraph (a)(1) of this section but, for national security purposes (e.g., for purposes of readiness, including training, for deployment overseas), need to be fueled on the same fuel as the vehicles, engines, or equipment that EPA has granted such a national security exemption.
      (b) The exempt fuel must meet all the following requirements:
      (1) It must be accompanied by PTDs meeting the requirements of subpart K of this part.
      (2) It must be segregated from non-exempt fuel at all points in the distribution system.
      (3) It must be dispensed from a fuel pump stand, fueling truck, or tank that is labeled with the appropriate designation of the fuel.
      (4) It may not be used in any vehicles, engines, or equipment, including locomotive and marine engines, other than those specified in paragraph (a) of this section.
§1090.610 Temporary research, development, and testing exemptions.
      (a) Requests for an exemption. (1) Any person may receive an exemption from the provisions of this part for fuel used for research, development, or testing ("R&D") purposes by submitting the information specified in paragraph (c) of this section as specified in §1090.10.
      (2) Any person that is performing emissions certification testing for a motor vehicle or motor vehicle engine under 42 U.S.C. 7525 or nonroad engine or nonroad vehicle under 42 U.S.C. 7546 is exempt from the provisions of this part for the fuel they are using for emissions certification testing if they have an exemption under 40 CFR parts 85 and 86 to perform such testing.
      (b) Criteria for an R&D exemption. For an R&D exemption to be granted, the person requesting an exemption must meet all the following conditions:
      (1) Demonstrate a purpose that constitutes an appropriate basis for exemption.
      (2) Demonstrate that an exemption is necessary.
      (3) Design an R&D program that is reasonable in scope.
      (4) Have a degree of control consistent with the purpose of the program and EPA's monitoring requirements.
      (c) Information required to be submitted. To aid in demonstrating each of the elements in paragraph (b) of this section, the person requesting an exemption must include, at a minimum, all the following information:
      (1) A concise statement of the purpose of the program demonstrating that the program has an appropriate R&D purpose.
      (2) An explanation of why the stated purpose of the program is unable to be achieved in a practicable manner without meeting the requirements of this part.
      (3) A demonstration of the reasonableness of the scope of the program, including all the following:
      (i) An estimate of the program's duration in time (including beginning and ending dates).
      (ii) An estimate of the maximum number of vehicles, engines, and equipment involved in the program, and the number of miles and engine hours that will be accumulated on each.
      (iii) The manner in which the information on vehicles, engines, or equipment used in the program will be recorded and made available to EPA upon request.
      (iv) The quantity of the fuel that does not comply with the requirements of this part, as applicable.
      (v) The specific applicable standard(s) of this part that would apply to the fuel expected to be used in the program.
      (4) With regard to control, a demonstration that the program affords EPA a monitoring capability, including all the following:
      (i) A description of the technical and operational aspects of the program.
      (ii) The site(s) of the program (including facility name, street address, city, county, state, and ZIP code).
      (iii) The manner in which information on vehicles, engines, and equipment used in the program will be recorded and made available to EPA upon request.
      (iv) The manner in which information on the fuel used in the program (including quantity, fuel properties, name, address, telephone number, and contact person of the supplier, and the date received from the supplier) will be recorded and made available to EPA upon request.
      (v) The manner in which the party will ensure that the fuel will be segregated from fuel meeting the requirements of subparts C and D of this part, as applicable, and how fuel pumps will be labeled to ensure proper use of the fuel.
      (vi) The name, business address, telephone number, and title of the person(s) in the organization requesting an exemption from whom further information on the application may be obtained.
      (vii) The name, business address, telephone number, and title of the person(s) in the organization requesting an exemption who is responsible for recording and making available the information specified in this paragraph, and the location where such information will be maintained.
      (viii) Any other information requested by EPA to determine whether the test program satisfies the criteria of paragraph (b) of this section.
      (d) Additional requirements. (1) The PTDs associated with fuel must comply with subpart K of this part.
      (2) The fuel must be designated by the fuel manufacturer or supplier, as applicable, as exempt fuel.
      (3) The fuel must be kept segregated from non-exempt fuel at all points in the distribution system.
      (4) The fuel must not be sold, distributed, offered for sale or distribution, dispensed, supplied, offered for supply, transported to or from, or stored by a fuel retail outlet, or by a WPC facility, unless the WPC facility is associated with the R&D program that uses the fuel.
      (5) At the completion of the program, any emission control systems or elements of design that are damaged or rendered inoperative must be replaced on vehicles remaining in service, or the responsible person will be liable for a violation of 42 U.S.C. § 7522(a)(3) unless sufficient evidence is supplied that the emission controls or elements of design were not damaged.
      (e) Approval of exemption. EPA may grant an R&D exemption upon a demonstration that the requirements of this section have been met. The R&D exemption may include such terms and conditions as EPA determines necessary to monitor the exemption and to carry out the purposes of this part, including restoration of emission control systems.
      (1) The volume of fuel subject to the approval must not exceed the estimated amount in paragraph (c)(3)(iv) of this section, unless EPA grants a greater amount.
      (2) Any exemption granted under this section will expire at the completion of the test program or 1 year from the date of approval, whichever occurs first, and may only be extended upon re-application consistent will all requirements of this section.
      (3) In granting an exemption, EPA may include terms and conditions, including replacement of emission control devices or elements of design, which EPA determines are necessary for monitoring the exemption and for assuring that the purposes of this part are met.
      (4) If any information required by paragraph (c) of this section changes after approval of the exemption, the responsible person must notify EPA in writing immediately. Failure to do so may result in disapproval of the exemption or may make it void ab initio and may make the party liable for a violation of this part.
      (f) Notification of completion. Any person with an approved exemption under this section must notify EPA in writing within 30 days after completion of the R&D program.
§1090.615 Racing and aviation exemptions.
      (a) Fuel, fuel additive, and regulated blendstock that is used in aircraft, or racing vehicles or racing boats in sanctioned racing events, is exempt from the standards in subparts C and D of this part if all the requirements of this section are met.
      (b) The fuel, fuel additive, or regulated blendstock is identified on PTDs and any fuel dispenser from which such fuel, fuel additive, or regulated blendstock is dispensed, as restricted for use either in aircraft, or in racing motor vehicles or racing boats that are used only in sanctioned racing events.
      (c) The fuel, fuel additive, or regulated blendstock is completely segregated from all other non-exempt fuel, fuel additive, or regulated blendstock throughout production, distribution, and sale to the ultimate consumer.
      (d) The fuel, fuel additive, or regulated blendstock is not made available for use as gasoline or diesel fuel subject to the standards in subparts C and D of this part, as applicable, or dispensed for use in motor vehicles or nonroad engines, vehicles, or equipment, including locomotive and marine engines, except for those used only in sanctioned racing events.
      (e) Any party that transports fuel exempt under this section must take reasonable precautions to avoid the contamination of nonexempt fuel. For example, parties should prepare tanker trucks under API recommended practice 1595 or the Energy Institute & Joint Inspection Group standard 1530 to avoid contamination of nonexempt fuel when the same tanker truck is used to transport exempt and nonexempt fuels.
§1090.620 Exemptions for Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
      Fuel that is produced, imported, sold, offered for sale, supplied, offered for supply, stored, dispensed, or transported for use in the territories of Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, is exempt from the standards in subparts C and D of this part if all the following requirements are met:
      (a) The fuel is designated by the fuel manufacturer as gasoline, diesel fuel, or IMO marine fuel for use only in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.
      (b) The fuel is used only in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands.
      (c) The fuel is accompanied by PTDs meeting the requirements of subpart K of this part.
      (d) The fuel is completely segregated from non-exempt gasoline, diesel fuel, and IMO marine fuel at all points throughout production, distribution, and sale to the ultimate consumer from the point the fuel is designated as exempt fuel for use only in Guam, American Samoa, or the Commonwealth of the Northern Mariana Islands, while the exempt fuel is in the United States (including an ECA or an ECA associated area under 40 CFR 1043.20) but outside these territories.
§1090.625 Exemptions for California gasoline and diesel fuel.
      (a) California gasoline and diesel fuel exemption. California gasoline or diesel fuel that complies with all the requirements of this section is exempt from all other provisions of this part.
      (b) California gasoline and diesel fuel requirements. (1) Each batch of California gasoline or diesel fuel must be designated as such by its fuel manufacturer.
      (2) Designated California gasoline or diesel fuel must be kept segregated from fuel that is not California gasoline or diesel fuel at all points in the distribution system.
      (3) Designated California gasoline or diesel fuel must ultimately be used only in the state of California.
      (4) Transferors and transferees of California gasoline or diesel fuel produced outside the state of California must meet the PTD requirements of subpart K of this part.
      (5) Each transferor and transferee of California gasoline or diesel fuel produced outside the state of California must maintain copies of the PTDs as specified in subpart L of this part.
      (6) California gasoline or diesel fuel may not be used in any part of the United States outside of the state of California unless the manufacturer or distributor recertifies or redesignates the batch of California gasoline or diesel fuel as specified in paragraph (d) or (e) of this section.
      (c) Use of California test methods and offsite sampling procedures. For any gasoline or diesel fuel that is not California gasoline or diesel fuel and that is either produced at a facility located in the state of California or is imported from outside the United States into the state of California, the manufacturer may do any of the following:
      (1) Use the sampling and testing methods approved in Title 13 of the California Code of Regulations instead of the sampling and testing methods required by subpart M of this part.
      (2) Determine the sulfur content, benzene content, and RVP (during the summer) of gasoline at offsite tankage (which would otherwise be prohibited under §1090.1615(c)) if the following requirements are met:
      (i) The samples are properly collected under the terms of a current and valid protocol agreement between the manufacturer and the California Air Resources Board with regard to sampling at the offsite tankage and consistent with the requirements specified in Title 13, California Code of Regulations, section 2250 et seq. (May 1, 2003).
      (ii) The manufacturer provides a copy of the protocol agreement to EPA upon request.
      (d) California gasoline used outside of California. California gasoline may either be recertified as gasoline under this part or may be used in any part of the United States outside of the state of California if the fuel designated as California gasoline meets all applicable requirements for California reformulated gasoline under Title 13 of the California Code of Regulations and the manufacturer or distributor of such fuel does all the following:
      (1) The manufacturer or distributor properly redesignates the fuel under §1090.1110(b)(2)(v).
      (2) The manufacturer or distributor generates PTDs under subpart K of this part.
      (3) The manufacturer or distributor keeps records under subpart L of this part.
      (4) The manufacturer or distributor does not include the California gasoline in their average standard compliance calculations.
      (e) California diesel used outside California. California diesel fuel may be used in any part of the United States outside of the state of California and is deemed to meet the standards in subpart D of this part without recertification if the fuel designated as California diesel fuel meets all applicable requirements for diesel fuel under Title 13 of the California Code of Regulations and the manufacturer or distributor of such fuel does all the following:
      (1) The manufacturer or distributor properly redesignates the fuel under §1090.1115(b)(3)(iii).
      (2) The manufacturer or distributor generates PTDs under subpart K of this part.
      (3) The manufacturer or distributor keeps records under subpart L of this part.
§1090.630 Exemptions for Alaska, Hawaii, Puerto Rico, and the U.S. Virgin Islands summer gasoline.
      Summer gasoline that is produced, imported, sold, offered for sale, supplied, offered for supply, stored, dispensed, or transported for use in the Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands, is exempt from the RVP standards in §1090.215 if all the following requirements are met:
      (a) The summer gasoline is designated by the fuel manufacturer as summer gasoline for use only in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands.
      (b) The summer gasoline is used only in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands.
      (c) The summer gasoline is accompanied by PTDs meeting the requirements of subpart K of this part.
      (d) The summer gasoline is completely segregated from non-exempt gasoline at all points throughout production, distribution, and sale to the ultimate consumer from the point the summer gasoline is designated as exempt fuel for use only in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands, while the exempt summer gasoline is in the United States but outside these states or territories.
§1090.635 Refinery extreme unforeseen hardship exemption.
      (a) In appropriate extreme, unusual, and unforeseen circumstances (e.g., circumstances like a natural disaster or refinery fire; not financial or supplier difficulties) that are clearly outside the control of the refiner and that could not have been avoided by the exercise of prudence, diligence, and due care, EPA may permit a refiner, for a brief period, to distribute fuel that is exempt from the standards in subparts C and D of this part if all the following requirements are met:
      (1) It is in the public interest to do so (e.g., distribution of the nonconforming fuel will not damage vehicles or engines and is necessary to meet projected shortfalls that are unable to otherwise be compensated for).
      (2) The refiner exercised prudent planning and was not able to avoid the violation and has taken all reasonable steps to minimize the extent of the nonconformity.
      (3) The refiner can show how the requirements for making compliant fuel, and/or purchasing credits to partially or completely offset the nonconformity, will be expeditiously achieved.
      (4) The refiner agrees to make up any air quality detriment associated with the nonconforming fuel, where practicable.
      (5) The refiner pays to the U.S. Treasury an amount equal to the economic benefit of the nonconformity minus the amount expended under paragraph (a)(4) of this section, in making up the air quality detriment.
      (b) Hardship applications under this section must be submitted to EPA as specified in §1090.10 and must contain a letter signed by the RCO, or their delegate, stating that the information contained in the application is true to the best of their knowledge.
§1090.640 Exemptions from the gasoline deposit control requirements.
      (a) Gasoline that is used to produce E85 is exempt from the gasoline deposit control requirements in §1090.240.
      (b) Any person that uses the exemption in paragraph (a) of this section must keep records to demonstrate that such exempt gasoline was used to produce E85 and was not distributed from a terminal for use as gasoline.
§1090.645 Exemption for exports of fuels, fuel additives, and regulated blendstocks.
      Fuel, fuel additive, and regulated blendstock that is exported for sale outside of the United States is exempt from the standards in subparts C and D of this part if all the following requirements are met:
      (a) The fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer designated the fuel, fuel additive, or regulated blendstock for export as specified in §1090.1650(a).
      (b) The fuel, fuel additive, or regulated blendstock designated for export is accompanied by PTDs meeting the requirements of subpart K of this part.
      (c) The fuel, fuel additive, or regulated blendstock is ultimately exported from the United States.
      (d) The fuel, fuel additive, or regulated blendstock must be completely segregated from non-exempt fuels, fuel additives, and regulated blendstocks at all points throughout the production and distribution system, from the point the fuel, fuel additive, or regulated blendstock is produced or imported to the point where the fuel, fuel additive, or regulated blendstock is ultimately exported from the United States.
      (e) Any fuel dispensed from a retail outlet within the geographic boundaries of the United States is not exempt under this section.
§1090.650 Distillate global marine fuel exemption.
      (a) The standards of subpart D of this part do not apply to distillate global marine fuel that is produced, imported, sold, offered for sale, supplied, offered for supply, stored, dispensed, or transported for use in steamships or Category 3 marine vessels when operating outside of ECA boundaries.
      (b) The exempt fuel must meet all the following:
      (1) It must not exceed 0.50 weight percent sulfur (5,000 ppm).
      (2) It must be accompanied by PTDs as specified in §1090.1165.
      (3) It must be designated as specified in §1090.1115.
      (4) It must be segregated from non-exempt fuel at all points in the distribution system.
      (5) It must not be used in vehicles, engines, or equipment other than those referred to in paragraph (a) of this section.
      (c)(1) Fuel not meeting the requirements specified in paragraph (b) of this section is subject to the standards, requirements, and prohibitions that apply for ULSD under this part.
      (2) Any person who produces, imports, sells, offers for sale, supplies, offers for supply, stores, dispenses, or transports distillate global marine fuel without meeting the applicable recordkeeping requirements in subpart L of this part may not claim the fuel is exempt from the standards, requirements, and prohibitions that apply for ULSD under this part.

Subpart H -- Averaging, Banking, and Trading Provisions
§1090.700 Compliance with average standards.
      (a) Compliance with the sulfur average standard. For each of their facilities, gasoline manufacturers must demonstrate compliance with the sulfur average standard in §1090.205(a) by using the equations in paragraphs (a)(1) and (2) of this section.
      (1) Compliance sulfur value calculation. (i) The compliance sulfur value is determined as follows:
      CSVy= Stot,y+ DS,(y-1) +DS_Oxy_Total- CS
      Where:
      CSVy = Compliance sulfur value for compliance period y, in ppm-gallons.
      Stot,y = The total amount of sulfur produced in compliance period y, per paragraph (a)(1)(ii) of this section, in ppm-gallons.
      Ds,(y-1) = Sulfur deficit from the previous compliance period, per §1090.715(a)(1), in ppm-gallons.
      DS_Oxy_Total = The total sulfur deficit from BOB recertification, per §1090.740(b)(3), in ppm-gallons.
      CS = Sulfur credits used by the gasoline manufacturer, per §1090.720, in ppm-gallons.
      (ii) The total amount of sulfur produced is determined as follows:
      Stot,y=i=1nVi ∙Si
      Where:
      Vi = The volume of gasoline produced or imported in batch i, in gallons.
      Si = The sulfur content of batch i, in ppm.
      n = The number of batches of gasoline produced or imported during the compliance period.
      i = Individual batch of gasoline produced or imported during the compliance period.
      If the calculation of Stot,y results in a negative number, replace it with zero.
      (2) Sulfur compliance calculation. (i) Compliance with the sulfur average standard in §1090.205(a) is achieved if the following equation is true:
      CSVy<= i=1nVi ∙ 10
      (ii) Compliance with the sulfur average standard in §1090.205(a) is not achieved if a deficit is incurred two or more consecutive years. A gasoline manufacturer incurs a deficit under §1090.715 if the following equation is true:
                               CSVy> i=1nVi ∙ 10
      (b) Compliance with the benzene average standards. For each of their facilities, gasoline manufacturers must demonstrate compliance with the benzene average standard in §1090.210(a) by using the equations in paragraphs (b)(1) and (2) of this section and with the maximum benzene average standard in §1090.210(b) by using the equations in paragraphs (b)(3) and (4) of this section.
      (1) Compliance benzene value calculation. (i) The compliance benzene value is determined as follows:
      CBVy= Btot,y+ DBz,(y-1) +i=1mDBz_Oxy_Total- CBz
      Where:
      CBVy = Compliance benzene value for year y, in benzene gallons.
      Btot,y = The total amount of benzene produced in compliance period y, per paragraph (b)(1)(ii) of this section, in benzene gallons.
      DBz,(y-1) = Benzene deficit from the previous compliance period, per §1090.715(a)(2), in benzene gallons.
      DBz_Oxy_Total = Benzene deficit from BOB recertification, per §1090.740(b)(4), in benzene gallons.
      CBz = Benzene credits used by the gasoline manufacturer, per §1090.720, in benzene gallons.
      (ii) The total amount of benzene produced is determined as follows:
      Btot,y=i=1nVi ∙Bi100
      Vi = The volume of gasoline produced or imported in batch i, in gallons.
      Bi = The benzene content of batch i, in volume percent.
      m = The number of batches of BOB gasoline recertified during the compliance period.
      n = The number of batches of gasoline produced or imported during the compliance period.
      i = Individual batch of gasoline produced or imported during the compliance period.
      If the calculation of Btot,y results in a negative number, replace it with zero.
      (2) Benzene average compliance calculation. (i) Compliance with the benzene average standard in §1090.210(a) is achieved if the following equation is true:
      CBVy<= i=1nVi ∙ 0.0062
      (ii) Compliance with the benzene average standard in §1090.210(a) is not achieved if a deficit is incurred two or more consecutive years. A gasoline manufacturer incurs a deficit under §1090.715 if the following equation is true:
      CBVy> i=1nVi ∙0.0062
      (3) Average benzene concentration calculation. The average benzene concentration is determined as follows:
      Ba,y= i=1nVi ∙Bii=1nVi
      Where:
      Ba,y = Average benzene concentration for compliance period y, in volume percent benzene.
      (4) Maximum benzene average compliance calculation. Compliance with the maximum benzene average standard in §1090.210(b) is achieved for calendar year y if the following equation is true:
      Ba,y<= 1.30 vol%
      (5) The average benzene concentration calculated in paragraph (b)(3) of this section must be rounded and reported to two decimal places in accordance with §1090.50.
      (c) Accounting for oxygenate added at a downstream location. A gasoline manufacturer that complies with the requirements in §1090.710 may include the volume of oxygenate added at a downstream location and the effects of such blending on sulfur and benzene content in compliance calculations under this subpart.
      (d) Inclusions. Gasoline manufacturers must include the following products that they produced or imported during the compliance period in their compliance calculations:
      (1) CG.
      (2) RFG.
      (3) BOB.
      (4) Added gasoline volume resulting from the production of gasoline from PCG as follows:
      (i) For PCG by subtraction as specified in §1090.1320(a)(1), include the PCG batch as a batch with a negative volume and positive sulfur and benzene content and include the new batch of gasoline as a batch with a positive volume and positive sulfur and benzene content in compliance calculations under this section. Any negative compliance sulfur or benzene value must be reported as zero and not as a negative result.
      (ii) For PCG by addition as specified in §1090.1320(a)(2), include only the blendstock added to make the new batch of gasoline as a batch with a positive volume and positive sulfur and benzene content of in compliance calculations under this section. Do not include any test results or volumes for the PCG or new batch of gasoline in these calculations.
      (5) Inclusion of a particular batch of gasoline for compliance calculations for a compliance period is based on the date the batch is produced, not shipped. For example, a batch produced on December 30, 2021, but shipped on January 2, 2022, would be included in the compliance calculations for the 2021 compliance period. However, the volume included in the 2021 compliance period for that batch would be the entire batch volume, even though the shipment of all or some of the batch did not occur until 2022.
      (e) Exclusions. Gasoline manufacturers must exclude the following products from their compliance calculations:
      (1) Gasoline that was not produced by the gasoline manufacturer.
      (2) Regulated blendstock, unless the regulated blendstock is added to PCG or TGP under §1090.1320 or §1090.1325, respectively.
      (3) PCG, except as specified in paragraph (d)(4)(i) of this section.
      (4) Certified butane and certified pentane blended under §1090.1320.
      (5) TGP.
      (6) Gasoline exempted under subpart G of this part from the average standards of subpart C of this part (e.g., California gasoline, racing fuel, etc.).
§1090.705 Facility level compliance.
      (a) Except as specified in paragraph (b) of this section, gasoline manufacturers must comply with average standards at the individual facility level.
      (b) Gasoline importers must comply with average standards at the company level, except that they must aggregate all import facilities within a PADD as a single facility to comply with the maximum benzene average standard in §1090.210(b) as specified in §1090.1600(b).
§1090.710 Downstream oxygenate accounting.
      The requirements of this section apply to BOB for which a gasoline manufacturer is accounting for the effects of the oxygenate blending that occurs downstream of the fuel manufacturing facility in the gasoline manufacturer's average standard compliance calculations of this subpart. This section includes requirements on distributors to ensure that oxygenate is added in accordance with the blending instructions specified by the gasoline manufacturer in order to ensure fuel quality standards are met.
      (a) Provisions for gasoline manufacturers. In order to account for the effects of oxygenate blending downstream, a gasoline manufacturer must meet all the following requirements:
      (1) Produce or import BOB such that the gasoline continues to meet the applicable gasoline standards in subpart C of this part after the addition of the specified type and amount of oxygenate.
      (2) Conduct tests on each batch of BOB produced or imported that represents the gasoline after each specified type and amount of oxygenate is added to the batch of BOB by creating a hand blend in accordance with §1090.1340 and determining the properties of the hand blend using the methods specified in subpart M of this part. When creating the hand blend, gasoline manufacturers must not add any more oxygenate to the BOB than the amount of oxygenate specified on the PTD for the BOB under paragraph (a)(5) of this section.
      (3) Participate in the national sampling oversight program specified in §1090.1440 or have an approved in-line blending waiver under §1090.1315.
      (4) Transfer ownership of the BOB only to an oxygenate blender that is registered with EPA under subpart I of this part or to an intermediate owner with the restriction that it only be transferred to a registered oxygenate blender.
      (5) Specify each oxygenate type and amount (or range of amounts) that the gasoline manufacturer certified for compliance of the hand blend on the PTD for the BOB, as specified in §1090.1160(b)(1).
      (6) Participate in the national fuels survey program under subpart N of this part.
      (b) Requirements for oxygenate blenders. Oxygenate blenders must add oxygenate of each type and amount (or within the range of amounts) as specified on the PTD for all BOB received, except as specified in paragraph (c)(2) of this section.
      (c) Limitations. (1) Only the gasoline manufacturer that first certifies the BOB may account for the downstream addition of oxygenate under this section. On any occasion where any person downstream of the fuel manufacturing facility gate of the gasoline manufacturer that produced or imported gasoline or BOB adds oxygenate to such product, the person may not include the volume and sulfur and benzene content of the oxygenate in any compliance calculations for demonstrating compliance with the average standards specified in subpart C of this part or for credit generation under this subpart. All applicable per-gallon standards specified in subpart C of this part continue to apply.
      (2) A person downstream of the fuel manufacturing facility gate may redesignate BOB for use as gasoline without the addition of the specified type and amount of oxygenate if the provisions of §1090.740 are met. Parties that redesignate BOB for use as gasoline without the addition of the specified type and amount of oxygenate are gasoline manufacturers and must meet all applicable requirements for gasoline manufacturers specified in this part.
§1090.715 Deficit carryforward.
      (a) A gasoline manufacturer incurs a compliance deficit if they exceed the average standard specified in subpart C of this part for a given compliance period. The deficit incurred must be determined as specified in paragraph (a)(1) of this section for sulfur and paragraph (b)(2) of this section for benzene.
      (1) The sulfur deficit incurred is determined as follows:
DS,y= CSVy- i=1nVi ∙ 10
      Where:
      DS,y = Sulfur deficit incurred for compliance period y, in ppm-gallons.
      CSVy = Compliance sulfur value for compliance period y, per §1090.700(a)(1), in ppm-gallons.
      Vi = The volume of gasoline produced or imported in batch i, in gallons.
      n = The number of batches of gasoline produced or imported during the compliance period.
      i = Individual batch of gasoline produced or imported during the compliance period.
      (2) The benzene deficit incurred is determined as follows:
      DBz,y=CBVy- i=1nVi ∙0.0062
      Where:
      DBz,y = Benzene deficit incurred for compliance period y, in benzene gallons.
      CBVy = Compliance benzene value for compliance period y, per §1090.700(b)(1), in ppm-gallons.
      Vi = The volume of gasoline produced or imported in batch i, in gallons.
      n = The number of batches of gasoline produced or imported during the compliance period.
      i = Individual batch of gasoline produced or imported during the compliance period.
      (b) Gasoline manufacturers must use all sulfur or benzene credits previously generated or obtained at any of their facilities to achieve compliance with an average standard specified in subpart C of this part before carrying forward a sulfur or benzene deficit at any of their facilities.
      (c) Gasoline manufacturers that incur a deficit under this section must satisfy that deficit during the next compliance period regardless of whether the gasoline manufacturer produces gasoline during next compliance period.
§1090.720 Credit use.
      (a) General credit use provisions. Only gasoline manufacturers may generate, use, transfer, or own credits generated under this subpart, as specified in §1090.725(a)(1). Credits may be used by a gasoline manufacturer to comply with the average standards specified in subpart C of this part. Gasoline manufacturers may also bank credits for future use, transfer credits to another facility within a company (i.e., intracompany trading), or transfer credits to another gasoline manufacturer, if all applicable requirements of this subpart are met.
      (b) Credit life. Credits are valid for use for 5 years after the compliance period for which they are generated.
      (c) Limitations on credit use. (1) Credits that have expired may not be used for demonstrating compliance with the average standards specified in subpart C of this part or be used to replace invalid credits under §1090.735.
      (2) A gasoline manufacturer possessing credits must use all credits prior to falling into compliance deficit under §1090.715.
      (3) Credits may not be used to meet per-gallon standards.
      (4) Credits may not be used to meet the maximum benzene average standard in §1090.210(b).
      (d) Credit use limitation. Credits may only be used if the gasoline manufacturer owns them at the time of use.
      (e) Credit reporting. Gasoline manufacturers that generate, transact, or use credits under this subpart must report to EPA as specified in §1090.905 using forms and procedures specified by EPA.
      (f) Part 80 credit use. Valid credits generated under 40 CFR 80.1615 and 80.1290 may be used by gasoline manufacturers to comply with the average standards in subpart C of this part, subject to the provisions of this subpart.
§1090.725 Credit generation.
      (a) Parties that may generate credits. (1) Only gasoline manufacturers may generate credits for use towards an average standard specified in subpart C of this part. No person other than a gasoline manufacturer may generate credits.
      (2) No credits may be generated for gasoline produced by the following activities: transmix processing, transmix blending, oxygenate blending, certified butane blending, certified pentane blending, or importation of gasoline by rail and truck using the alternative sampling and testing requirements in §1090.1610.
      (3) No sulfur credits may be generated at a facility if that facility used sulfur credits in that same compliance period.
      (4) No benzene credits may be generated at a facility if that facility used benzene credits in that same compliance period.
      (b) Credit year. Credits generated under this section must be identified by the compliance period of generation. For example, credits generated on gasoline produced in 2021 must be identified as 2021 credits.
      (c) Sulfur credit generation. (1) The number of sulfur credits generated is determined as follows:
      CS,y= i=1nVi ∙ 10 -CSVy
      Where:
      CS,y = Sulfur credits generated for compliance period y, in ppm-gallons.
      Vi = The volume of gasoline produced or imported in batch i, in gallons.
      n = The number of batches of gasoline produced or imported during the compliance period.
      i = Individual batch of gasoline produced or imported during the compliance period.
      CSVy = Compliance sulfur value for compliance period y, per §1090.700(a)(1), in ppm-gallons.
      (2) The value of CS,y must be positive to generate credits.
      (3) Sulfur credits calculated under paragraph (c)(1) of this section must be expressed to the nearest ppm-gallon. Fractional values must be rounded in accordance with §1090.50.
      (d) Benzene credit generation. (1) The number of benzene credits generated is determined as follows:
      CBz,y=i=1nVi ∙ 0.0062 -CBVy
      Where:
      CBz,y = Benzene credits generated for compliance period y, in benzene gallons.
      Vi = The volume of gasoline produced or imported in batch i, in gallons.
      n = The number of batches of gasoline produced or imported during the compliance period.
      i = Individual batch of gasoline produced or imported during the compliance period.
      CBVy = Compliance benzene value for compliance period y, per §1090.700(b)(1), in benzene gallons.
      (2) The value of CBz,y must be positive to generate credits.
      (3) Benzene credits calculated under paragraph (d)(1) of this section must be expressed to the nearest benzene gallon. Fractional values must be rounded in accordance with §1090.50.
      (e) Credit generation limitation. Gasoline manufacturers may only generate credits after they have finished producing or importing gasoline for the compliance period.
      (f) Credit reporting. Gasoline manufacturers that generate credits under this section must report to EPA all information regarding the generation transaction as specified in §1090.905 using forms and procedures specified by EPA.
§1090.730 Credit transfers.
      Gasoline manufacturers may only obtain credits from another gasoline manufacturer to meet an average standard specified in subpart C of this part if all applicable requirements of this section are met.
      (a) The credits are generated as specified in §1090.725 and reported as specified in §1090.905.
      (b) The credits are used for compliance with the limitations regarding the appropriate periods for credit use in §1090.720.
      (c) Any credit transfer must take place no later than the compliance deadline specified in §1090.900(d) following the compliance period when the credits are obtained.
      (d) The credit has not been transferred between EPA registered companies more than twice. The first transfer by the gasoline manufacturer that generated the credit ("transferor") may only be made to a gasoline manufacturer that intends to use the credit ("transferee"). If the transferee is unable to use the credit, it may make the second, and final, transfer only to a gasoline manufacturer that intends to use the credit. Intracompany credit transfers are unlimited.
      (e) The transferor must apply any credits necessary to meet the transferor's applicable average standard before transferring credits to any other gasoline manufacturer.
      (f) No person may transfer credits if the transfer would cause them to incur a deficit.
      (g) Unless the transferor and transferee are the same party (i.e., intracompany transfers), the transferor must supply to the transferee records as specified in §1090.1210(g) indicating the years the credits were generated, the identity of the gasoline manufacturer that generated the credits, and the identity of the transferring party.
      (h) The transferor and the transferee report to EPA all information regarding the transaction as specified in §1090.905 using forms and procedures specified by EPA.
§1090.735 Invalid credits and remedial actions.
      For credits that have been calculated or generated improperly, or are otherwise determined to be invalid, all the following provisions apply:
      (a) Invalid credits may not be used to achieve compliance with an average standard, regardless of the good faith belief that the credits were validly generated.
      (b) Any validly generated credits existing in the transferring gasoline manufacturer's credit balance after correcting the credit balance, and after the transferor applies credits as needed to meet the average standard at the end of the compliance period, must first be applied to correct the invalid transfers before the transferring gasoline manufacturer trades or banks the credits.
      (c) The gasoline manufacturer that used the credits, and any transferor of the credits, must adjust their credit records, reports, and average standard compliance calculations as necessary to reflect the use of valid credits only. Updates to any reports must be done in accordance with subpart J of this part using forms and procedures specified by EPA.
§1090.740 Downstream BOB recertification.
      (a)(1) Gasoline manufacturers may recertify a BOB that another gasoline manufacturer has specified blending instructions for oxygenate(s) under §1090.710(a)(5) for a different type or amount of oxygenate (including gasoline recertification to contain no oxygenate) if the recertifying gasoline manufacturer meets all the requirements of this section.
      (2) Gasoline manufacturers must comply with applicable requirements of this part and incur deficits to be included in the compliance calculations in §1090.700.
      (3) Unless otherwise required under this part, gasoline manufacturers that recertify 200,000 or less gallons of BOB under this section do not need to arrange for an auditor to conduct audits under subpart R of this part.
      (b) Gasoline manufacturers that recertify a BOB under this section must calculate sulfur and benzene deficits for each batch and the total deficits for sulfur and benzene as follows:
      (1) Sulfur deficits from downstream BOB recertification. Calculate the sulfur deficit from BOB recertification for each individual batch of BOB recertified as follows:
      DS_Oxy_Batch= 11ppm ∙ VBase ∙11- PTDOxy-1
      Where:
      DS_Oxy_Batch = Sulfur deficit resulting from recertifying the batch of BOB, in ppm-gallons.
      VBase = The volume of BOB in the batch being recertified, in gallons.
      PTDOxy = The volume fraction of oxygenate that would have been added to the BOB as specified on PTDs.
      (2) Total sulfur deficit from downstream BOB recertification. Calculate the total sulfur deficit from downstream BOB recertification as follows:
      DS_Oxy_Total,y= i=1nDS_Oxy_Batch_i
      Where:
      DS_Oxy_Total,y = The total sulfur deficit from downstream BOB recertification for compliance period y, in ppm-gallons.
      DS_Oxy_Batch_i = The sulfur deficit for batch i of recertified BOB, per paragraph (b)(1) of this section, in ppm-gallons.
      n = The number of batches of BOB recertified during compliance period y.
      i = Individual batch of BOB recertified during compliance period y.
      (3) Benzene deficits from downstream BOB recertification. Calculate the benzene deficit from BOB recertification for each individual batch of BOB recertified as follows:
      DBz_Oxy_Batch= 0.0068 ∙ VBase∙ 11- PTDOxy-1
      Where:
      DBz_Oxy_Batch = Benzene deficit resulting from recertifying the batch of BOB, in benzene gallons.
      VBase = The volume of BOB in the batch being recertified, in gallons.
      PTDOxy = The volume fraction of oxygenate that would have been added to the BOB as specified on PTDs.
      (4) Total benzene deficit from downstream BOB recertification. Calculate the total benzene deficit from downstream BOB recertification as follows:
      DBz_Oxy_Total,y= i=1nDBz_Oxy_Batch_i
      Where:
      DBz_Oxy_Total,y = The total benzene deficit from downstream BOB recertification for compliance period y, in benzene gallons.
      DBz_Oxy_Batch_i = The benzene deficit for batch i of recertified BOB, per paragraph (b)(3) of this section, in benzene gallons.
      n = The number of batches of BOB recertified during compliance period y.
      i = Individual batch of BOB recertified during compliance period y.
      (5) Deficit rounding. The deficits calculated in paragraphs (b)(1) through (4) of this section must be rounded and reported to the nearest sulfur ppm-gallon or benzene gallon in accordance with §1090.50, as applicable.
      (c) Gasoline manufacturers do not incur a deficit, nor may they generate credits, for negative values from the equations in paragraph (b) of this section.
      (d) Deficits incurred under this section must be fulfilled in the compliance period in which they occur and may not be carried forward under §1090.715.
§1090.745 Informational annual average calculations.
      (a) Gasoline manufacturers must calculate and report annual average sulfur and benzene levels for each of their facilities as described in this section. The values calculated and reported under this section are not used to demonstrate compliance with average standards under this part.
      (b) Gasoline manufacturers must calculate and report the unadjusted average sulfur level as follows:
      Sa,y= i=1nVi ∙Sii=1nVi
      Where:
      Sa,y = The facility unadjusted average sulfur level for compliance period y, in ppm. Report Sa,y to two decimal places.
      Vi = The volume of gasoline produced or imported in batch i, in gallons.
      Si = The sulfur content of batch i, in ppm.
      n = The number of batches of gasoline produced or imported during the compliance period.
      i = Individual batch of gasoline produced or imported during the compliance period.
      (c) Gasoline manufacturers must calculate and report the net average sulfur level as follows:
      SNET,y= CSVyi=1nVi
      Where:
      SNET,y = The facility net average sulfur level for compliance period y, in ppm. Report SNET,y to two decimal places.
      CSVy = The compliance sulfur value for compliance period y, per §1090.700(a)(1).
      (d) Gasoline manufacturers must calculate and report the net average benzene level as follows:
      BNET,y= CBVyi=1nVi
      Where:
      BNET,y = The facility net average benzene level for compliance period y, in volume percent benzene. Report BNET,y to two decimal places.
      CBVy = The compliance benzene value for compliance period y, per §1090.700(b)(1).

Subpart I -- Registration
§1090.800 General provisions.
      (a) Who must register. The following parties must register with EPA prior to engaging in any activity under this part:
      (1) Fuel manufacturers, including:
      (i) Gasoline manufacturers.
      (ii) Diesel fuel manufacturers.
      (iii) ECA marine fuel manufacturers.
      (iv) Certified butane blenders.
      (v) Certified pentane blenders.
      (vi) Transmix processors.
      (2) Oxygenate blenders.
      (3) Oxygenate producers, including DFE producers.
      (4) Certified pentane producers.
      (5) Certified ethanol denaturant producers.
      (6) Distributors, carriers, and pipeline operators who are part of the 500 ppm LM fuel distribution chain under a compliance plan submitted under §1090.520(g).
      (7) Independent surveyors.
      (8) Auditors.
      (9) Third parties that submit reports on behalf of any regulated party under this part. Such parties must register and associate their registration with the regulated party for whom they are reporting.
      (b) Dates for registration. The deadlines for registration are as follows:
      (1) New registrants. Except as specified in paragraph (b)(2) of this section, parties not currently registered with EPA must register with EPA no later than 60 days in advance of the first date that such person engages in any activity under this part requiring registration under paragraph (a) of this section.
      (2) Existing registrants. Parties that are already registered with EPA under 40 CFR part 80 as of January 1, 2021, are deemed to be registered for purposes of this part, except that such parties are responsible for reviewing and updating their registration information consistent with the requirements of this part, as specified in paragraph (c) of this section.
      (c) Updates to registration. A registered party must submit updated registration information to EPA within 30 days of any occasion when the registration information previously supplied becomes incomplete or inaccurate.
      (d) Forms and procedures for registration. All registrants must use forms and procedures specified by EPA.
      (e) Company and facility identification. EPA will provide registrants with company and facility identifiers to be used for recordkeeping and reporting under this part.
      (f) English language. Registration information submitted to EPA must be in English.
§1090.805 Contents of registration.
      (a) General information required for all registrants. The following general information must be submitted to EPA by all entities required to register:
      (1) Company information. For the company of the party, all the following information:
      (i) The company name.
      (ii) Company address, which must be the physical address of the business (i.e., not a post office box).
      (iii) Mailing address, if different from company address.
      (iv) Name, title, telephone number, and email address of an RCO. The RCO may delegate responsibility to a person who is familiar with the requirements of this part and who is no lower in the organization than a fuel manufacturing facility manager, or equivalent.
      (2) Facility information. For each separate facility, all the following information:
      (i) The facility name.
      (ii) The physical location of the facility.
      (iii) A contact name and telephone number for the facility.
      (iv) The type of facility.
      (3) Location of records. For each separate facility, or for each importer's operations in a single PADD, all the following information:
      (i) Whether records are kept on-site or off-site of the facility, or for importers, the registered address.
      (ii) If records are kept off-site, the primary off-site storage name, physical location, contact name, and telephone number.
      (4) Activities. A description of the activities that are engaged in by the company and its facilities (e.g., refining, importing, etc.).
      (b) Additional information required for certified pentane producers. In addition to the information in paragraph (a) of this section, certified pentane producers must also submit the following information:
      (1) A description of the production facility that demonstrates that the facility is capable of producing certified pentane that is compliant with the requirements of this part without significant modifications to the existing facility.
      (2) A description of how the certified pentane will be shipped from the production facility to the certified pentane blender(s) and the associated quality assurance practices that demonstrate that contamination during distribution can be adequately controlled so as not to cause the certified pentane to be in violation of the standards in this part.
§1090.810 Voluntary cancellation of company or facility registration.
      (a) Criteria for voluntary cancellation. A party may request cancellation of the registration of the company or any of its facilities at any time. Such request must use forms and procedures specified by EPA.
      (b) Effect of voluntary cancellation. A party whose registration is canceled:
      (1) Will still be liable for violation of any requirements under this part.
      (2) Will not be listed on any public list of actively registered companies that is maintained by EPA.
      (3) Will not have access to any of the electronic reporting systems associated with this part.
      (4) Will still be required to meet any applicable requirements under this part (e.g., the recordkeeping provisions under subpart L of this part).
      (c) Re-registration. If a party whose registration has been voluntarily cancelled wants to re-register, they must do all the following:
      (1) Notify EPA of their intent to re-register.
      (2) Provide any required information and correct any identified deficiencies.
      (3) Refrain from initiating a new registration unless directed to do so by EPA.
      (4) Submit updated information as needed.
§1090.815 Deactivation (involuntary cancellation) of registration.
      (a) Criteria for deactivation. EPA may deactivate the registration of any party required to register under this part, using the process specified in paragraph (b) of this section, if any of the following criteria are met:
      (1) The party has not accessed their account or engaged in any registration or reporting activity within the most recent 24 months.
      (2) The party has failed to comply with the registration requirements of this subpart.
      (3) The party has failed to submit any required notification or report within 30 days of the required submission date.
      (4) Any required attest engagement has not been received within 30 days of the required submission date.
      (5) The party fails to pay a penalty or to perform any requirement under the terms of a court order, administrative order, consent decree, or administrative settlement between the party and EPA.
      (6) The party submits false or incomplete information.
      (7) The party denies EPA access or prevents EPA from completing authorized activities under section 114 or 208 of the Clean Air Act despite presenting a warrant or court order. This includes a failure to provide reasonable assistance.
      (8) The party fails to keep or provide the records required by subpart L of this part.
      (9) The party otherwise circumvents the intent of the Clean Air Act or of this part.
      (b) Process for deactivation. Except as specified in paragraph (c) of this section, EPA will use the following process whenever it decides to deactivate the registration of a party:
      (1) EPA will provide written notification to the RCO identifying the reasons or deficiencies for which EPA intends to deactivate the party's registration. The party will have 30 calendar days from the date of the notification to correct the deficiencies identified or explain why there is no need for corrective action.
      (2) If the basis for EPA's notice of intent to deactivate registration is the absence of activity under paragraph (a)(1) of this section, a stated intent to engage in activity will be sufficient to avoid deactivation of registration.
      (3) If the party does not correct identified deficiencies under paragraphs (a)(2) through (9) of this section, EPA may deactivate the party's registration without further notice to the party.
      (c) Immediate deactivation. In instances in which public health, public interest, or safety requires otherwise, EPA may deactivate the registration of the party without any notice to the party. EPA will provide written notification to the RCO identifying the reasons EPA deactivated the registration of the party.
      (d) Effect of deactivation. A party whose registration is deactivated:
      (1) Will still be liable for violation of any requirement under this part.
      (2) Will not be listed on any public list of actively registered companies that is maintained by EPA.
      (3) Will not have access to any of the electronic reporting systems associated with this part.
      (4) Will still be required to meet any applicable requirements under this part (e.g., the recordkeeping provisions under subpart L of this part).
      (e) Re-registration. If a party whose registration has been deactivated wishes to re-register, they must do all the following:
      (1) Notify EPA of their intent to re-register.
      (2) Provide any required information and correct any identified deficiencies.
      (3) Refrain from initiating a new registration unless directed to do so by EPA.
      (4) Remedy the circumstances that caused the party to be deactivated in the first place.
      (5) Submit updated information as needed.
§1090.820 Changes of ownership.
      (a) When a company or any of its facilities will change ownership, the company must notify EPA within 30 days after the date of sale or change in ownership.
      (b) The notification required under paragraph (a) of this section must include all the following:
      (1) The effective date of the transfer of ownership of the facility and a summary of any changes to the registration information for the affected companies and facilities.
      (2) Documents that demonstrate the sale or change in ownership of the facility.
      (3) A letter, signed by an RCO from the company that currently owns or will own the company or facility and, if possible, an RCO from the company that previously registered the company or facility that details the effective date of the transfer of ownership of the company or facility and summarizes any changes to the registration information.
      (4) Any additional information requested by EPA to complete the change in registration.

Subpart J -- Reporting
§1090.900 General provisions.
      (a) Forms and procedures for reporting. (1) All reporting, including all transacting of credits under this part, must be submitted electronically using forms and procedures specified by EPA.
      (2) Values must be reported in the units (e.g., gallons, ppm, etc.) and to the number of decimal places specified in this part or in reporting formats and procedures, whichever is more precise.
      (b) English language. All reports submitted under this subpart must be submitted in English.
      (c) Rounding. All values measured, calculated, or reported under this subpart must be rounded in accordance with §1090.50.
      (d) Report submission. All annual reports required under this subpart, except attest engagement reports, must be submitted by March 31 for the preceding compliance period (e.g., reports covering the calendar year 2021 must be submitted to EPA by no later than March 31, 2022). Attest engagement reports must be submitted by June 1 for the preceding compliance period (e.g., attest engagement reports covering calendar year 2021 must be submitted to EPA by no later than June 1, 2022). Independent survey quarterly reports must be submitted by the deadlines in Table 1 to §1090.925(a).
§1090.905 Annual, batch, and credit transaction reporting for gasoline manufacturers.
      (a) Annual compliance demonstration for sulfur. Gasoline manufacturers, for each of their facilities, must submit a report for each compliance period that includes all the following information:
      (1) Company-level reporting. For the company, as applicable:
      (i) The EPA-issued company and facility identifiers.
      (ii) Provide information for sulfur credits, and separately by compliance period of creation, as follows:
      (A) The number of sulfur credits owned at the beginning of the compliance period.
      (B) The number of sulfur credits that expired at the end of the compliance period.
      (C) The number of sulfur credits that will be carried over into the next compliance period.
      (D) Any other information as EPA may require.
      (2) Facility-level reporting. For each refinery or importer, as applicable:
      (i) The EPA-issued company and facility identifiers.
      (ii) The compliance sulfur value, per §1090.700(a)(1), in ppm-gallons.
      (iii) The total volume of gasoline produced or imported, in gallons.
      (iv) Provide information for sulfur credits, and separately by compliance period of creation, as follows:
      (A) The number of sulfur credits generated during the compliance period.
      (B) The number of sulfur credits retired during the compliance period.
      (C) The sulfur credit deficit that was carried over from the previous compliance period.
      (D) The sulfur credit deficit that will be carried over into the next compliance period.
      (E) The total sulfur deficit from downstream BOB recertification, per §1090.740(b)(2).
      (v) The unadjusted average sulfur concentration, per §1090.745(b), in ppm.
      (vi) The net average sulfur level, per §1090.745(c), in ppm.
      (vii) Any other information as EPA may require.
      (b) Annual compliance demonstration for benzene. Gasoline manufacturers, for each of their facilities, must submit a report for each compliance period that includes all the following information:
      (1) Company-level reporting. For the company, as applicable:
      (i) The EPA-issued company and facility identifiers and compliance level.
      (ii) Provide information for benzene credits, and separately by compliance period of creation, as follows:
      (A) The number of benzene credits owned at the beginning of the compliance period.
      (B) The number of benzene credits that expired at the end of the compliance period.
      (C) The number of benzene credits that will be carried over into the next compliance period.
      (D) Any other information as EPA may require.
      (2) Facility-level reporting. For each refinery or importer, as applicable:
      (i) The EPA-issued company and facility identifiers.
      (ii) The compliance benzene value, per §1090.700(b)(1), in benzene gallons.
      (iii) The total volume of gasoline produced or imported, in gallons.
      (iv) The average benzene concentration, per §1090.700(b)(3), in percent volume.
      (v) The net average benzene level, per §1090.745(d), in percent volume.
      (vi) Provide information for benzene credits, and separately by compliance period of creation, as follows:
      (A) The number of benzene credits generated during the compliance period.
      (B) The number of benzene credits retired during the compliance period.
      (C) The benzene credit deficit that was carried over from the previous compliance period
      (D) The benzene credit deficit that will be carried over into the next compliance period.
      (E) The total benzene deficit from downstream BOB recertification, per §1090.740(b)(4).
      (vii) Any other information as EPA may require.
      (c) Batch reporting. Gasoline manufacturers, for each of their facilities, must report the following information on a per-batch basis for gasoline and gasoline regulated blendstocks:
      (1) For gasoline, and BOB for which the fuel manufacturer does not include the addition of downstream oxygenate in their compliance calculations as specified in §1090.710:
      (i) The EPA-issued company and facility identifiers.
      (ii) The batch number.
      (iii) The date the batch was produced or imported.
      (iv) The batch volume, in gallons.
      (v) The designation of the gasoline or BOB as RFG, CG, RBOB, or CBOB.
      (vi) The tested sulfur content of the batch, in ppm, and the test method used to measure the sulfur content.
      (vii) The tested benzene content of the batch, as a volume percentage, and the test method used to measure the benzene content. Gasoline produced by a transmix processor using only TGP or both TGP and PCG under §1090.510 is exempt from this requirement under §1090.1325. Transmix processors that use this exemption must report whether the batch was produced using TGP or both TGP and PCG.
      (viii) For all batches of summer gasoline or BOB:
      (A) The applicable RVP standard, as specified in §1090.215.
      (B) The tested RVP of the batch, in psi, and the test method used to measure the RVP.
      (ix) If the gasoline contains oxygenate, the type and tested content of each oxygenate, as a volume percentage, and the test method used to measure the content of each oxygenate.
      (2) For BOB in which the oxygenate to be blended with the BOB is reported by, and included in, the compliance calculations of the gasoline manufacturer that produced the BOB:
      (i) The EPA-issued company and facility identifiers.
      (ii) The batch identification.
      (iii) The date the batch of BOB was produced or imported.
      (iv) The batch volume, in gallons. This volume is the sum of the produced or imported BOB volume plus the anticipated volume from the addition of oxygenate downstream that the gasoline manufacturer specified to be blended with the BOB.
      (v) The designation of the BOB (CBOB or RBOB) used to prepare the hand blend of BOB and oxygenate under §1090.1340.
      (vi) The tested sulfur content for both the BOB and the hand blend of BOB and oxygenate prepared under §1090.1340, and the test method used to measure the sulfur content.
      (vii) The tested benzene content for the hand blend of BOB and oxygenate prepared under §1090.1340, and the test method used to measure the benzene content.
      (viii) For all batches of summer BOB:
      (A) The applicable RVP standard, as specified in §1090.215, for the neat CBOB, or hand blend of RBOB and oxygenate prepared under §1090.1340.
      (B) The tested RVP for the neat CBOB or hand blend of RBOB and oxygenate prepared under §1090.1340, in psi, and the test method used to measure the RVP.
      (ix) The type and content of each oxygenate, as a volume percentage, in the hand blend of BOB and oxygenate prepared under §1090.1340, and, if measured, the test method used for each oxygenate.
      (3) For blendstock added to PCG by gasoline manufacturers complying by subtraction under §1090.1320(a)(1):
      (i) For the PCG prior to the addition of blendstock:
      (A) The EPA-issued company and facility identifiers for the facility at which the PCG is blended to produce a new batch.
      (B) The batch number assigned by the facility at which the PCG is blended to produce a new batch.
      (C) The date the batch was received or, for PCG that was not received from another company, the date the PCG was designated to be used to produce a new batch of gasoline.
      (D) The batch volume, including the volume of any oxygenate that would have been added to the PCG, as a negative number in gallons.
      (E) The designation of the PCG.
      (F) The tested sulfur content of the batch, in ppm, and the test method used to measure the sulfur content.
      (G) The tested benzene content of the batch, as a volume percentage, and the test method used to measure the benzene content.
      (H) For all batches of summer gasoline or BOB:
      (1) The applicable RVP standard, as specified in §1090.215.
      (2) The tested RVP of the batch, in psi, and the test method used to measure the RVP.
      (I) If the PCG contains oxygenate, the type and tested content of each oxygenate, as a volume percentage, and the test method used to measure the content of each oxygenate.
      (J) Identification of the batch as PCG.
      (ii) For the batch of gasoline or BOB produced using PCG and blendstock:
      (A) For batches of finished gasoline or neat BOB, all the information specified in paragraph (c)(1) of this section.
      (B) For batches of BOB in which the oxygenate to be blended with the BOB is included in the gasoline manufacturer's compliance calculations, all the information specified in paragraph (c)(2) of this section.
      (4) For blendstock added by gasoline manufacturers to PCG and complying by addition per §1090.1320(a)(2) (i.e., treat the blendstock as a separate batch):
      (i) For the blendstock, the sulfur content, benzene content, and each oxygenate type and content of the batch, and for summer gasoline, the RVP of the batch.
      (ii) For batches produced by adding blendstock to PCG, the sulfur content of the batch, and for summer gasoline, the RVP of the batch.
      (5) For certified butane blended by certified butane blenders and certified pentane blended by certified pentane blenders:
      (i) For the certified butane or certified pentane batch:
      (A) The batch number.
      (B) The date the batch was received by the blender.
      (C) The batch volume, in gallons.
      (D) The designation of the batch (certified butane or certified pentane).
      (E) The volume percentage of butane in butane batches, or pentane in pentane batches, provided by the butane or pentane supplier.
      (F) The sulfur content of the batch, in ppm, provided by the butane or pentane supplier.
      (G) The benzene content of the batch, in volume percent, provided by the butane or pentane supplier.
      (H) The RVP of the batch, in psi, provided by the butane or pentane supplier for butane or pentane blended into PCG from May 1 through September 15.
      (ii) For the batch of blended product (i.e., PCG plus butane or PCG plus pentane):
      (A) The batch number.
      (B) The date the batch was produced.
      (C) The batch volume, in gallons.
      (D) The designation of the blended product.
      (E) The tested RVP of the batch, in psi, and the test method used to measure the RVP.
      (6) For manufacturers of TGP and any blendstocks added to TGP:
      (i) For the TGP, the sulfur content of the batch, and for summer gasoline, the RVP of the batch.
      (ii) For blendstocks added to TGP, where the TGP is treated like PCG, one of the following:
      (A) The information specified in paragraph (c)(3) of this section.
      (B) The information specified in paragraph (c)(4) of this section.
      (7) For GTAB:
      (i) The EPA-issued company and facility identifiers.
      (ii) The batch number.
      (iii) The date the batch was imported.
      (iv) The batch volume, in gallons.
      (v) The designation of the product as GTAB.
      (8) Any other information as EPA may require.
      (d) Credit transactions. Any party that is required to demonstrate annual compliance under paragraph (a) or (b) of this section must submit information related to individual transactions involving sulfur and benzene credits, including all the following:
      (1) The generation, purchase, sale, or retirement of such credits.
      (2) If any credits were obtained from or transferred to other fuel manufacturers, and for each other party, their name and EPA-issued company identifier, the number of credits obtained from or transferred to the other party, and the year the credits were generated.
      (3) Any other information as EPA may require.
§1090.910 Reporting for gasoline manufacturers that recertify BOB to gasoline.
      Any person that recertifies BOB under §1090.740 must report the information of this section, as applicable.
      (a) Batch reporting. (1) Any person that recertifies a BOB under §1090.740 with less oxygenate than specified by the fuel manufacturer of the BOB must report the following for each batch:
      (i) The EPA-issued company and facility identifiers for the recertifying gasoline manufacturer.
      (ii) The batch number assigned by the recertifying gasoline manufacturer.
      (iii) The date the batch was recertified.
      (iv) The batch volume, as a negative number in gallons. The volume is the amount of oxygenate that the recertifying gasoline manufacturer did not blend with the BOB.
      (v) The designation of the batch.
      (vi) A sulfur content of 11 ppm.
      (vii) A benzene content of 0.068 volume percent.
      (viii) The type and content of each oxygenate, as a volume percentage.
      (ix) The sulfur deficit for the batch calculated under §1090.740(b)(1).
      (x) The benzene deficit for the batch calculated under §1090.740(b)(3).
      (2) Any person that recertifies a BOB under §1090.740 with more oxygenate than specified by the fuel manufacturer of the BOB does not need to report the batch.
      (b) Annual sulfur and benzene compliance reporting. Any person that recertifies a BOB under §1090.740 must include any deficits incurred from recertification in reports under §1090.905(a) and (b).
      (c) Credit transactions. Any person that recertifies a BOB under §1090.740 must report any credit transactions under §1090.905(d).
§1090.915 Batch reporting for oxygenate producers and importers.
      Any oxygenate producer, for each of their production facilities, and any importer for the oxygenate they import, must submit a report for each compliance period that includes all the following information:
      (a) The EPA-issued company and facility identifiers.
      (b) The total volume of oxygenate produced or imported.
      (c) For each batch of oxygenate produced or imported during the compliance period, all the following:
      (1) The batch number.
      (2) The date the batch was produced or imported.
      (3) One of the following product types:
      (i) Denatured ethanol using certified ethanol denaturant complying with §1090.235(b).
      (ii) Denatured ethanol from non-certified ethanol denaturant.
      (iii) A specified oxygenate other than ethanol (e.g., isobutanol).
      (4) The volume of the batch, in gallons.
      (5) The tested sulfur content of the batch, in ppm, and the test method used to measure the sulfur content.
      (d) Any other information as EPA may require.
§1090.920 Reports by certified pentane producers.
      Any producer of certified pentane for use by certified pentane blenders must submit a report for each facility at which certified pentane was produced or imported that contains all the following information:
      (a) The EPA-issued company and facility identifiers.
      (b) For each batch of certified pentane produced or imported during the compliance period, all the following:
      (1) The batch number.
      (2) The date the batch was produced or imported.
      (3) The batch volume, in gallons.
      (4) The tested pentane content of the batch, as a volume percentage, and the test method used to measure the pentane content.
      (5) The tested sulfur content of the batch, in ppm, and the test method used to measure the sulfur content.
      (6) The tested benzene of the batch, as a volume percentage, and the test method used to measure the benzene content.
      (7) The tested RVP of the batch, in psi, and the test method used to measure the RVP.
      (c) Any other information as EPA may require.
§1090.925 Reports by independent surveyors.
      (a) General procedures. (1) Independent surveyors must electronically submit any plans, notifications, or reports required under this subpart using forms and procedures specified by EPA.
      (2) For each report required under this section, the independent surveyor must affirm that the survey was conducted in accordance with an EPA-approved survey plan and that the survey results are accurate.
      (3) The independent surveyor must include EPA-issued company identifiers on each report required under this section.
      (4) Independent surveyors must submit quarterly reports required under paragraph (b) of this section by the following deadlines:
           Table 1 to §1090.925(a) -- Quarterly Reporting Deadlines
Calendar quarter
Time period covered
Quarterly report deadline
Quarter 1
January 1-March 31
June 1
Quarter 2
April 1-June 30
September 1
Quarter 3
July 1-September 30
December 1
Quarter 4
October 1-December 31
March 31
      (b) Quarterly reporting. Independent surveyors must submit the following information quarterly, as applicable:
      (1) For each retail outlet or gasoline manufacturing facility sampled by the independent surveyor:
      (i) The identification information for the retail outlet or gasoline manufacturing facility, as assigned by the surveyor in a consistent manner and as described in the survey plan.
      (ii) The displayed fuel manufacturer brand name at the retail outlet, if any.
      (iii) The physical location (i.e., address) of the retail outlet or gasoline manufacturing facility.
      (2) For each gasoline sample collected by the independent surveyor:
      (i) A description of the labeling of the fuel dispenser(s) (e.g., "E0", "E10", "E15", etc.) from which the independent surveyor collected the sample.
      (ii) The date and time the independent surveyor collected the sample.
      (iii) The test results for the sample, and the test methods used, as determined by the independent surveyor, including the following parameters:
      (A) The oxygen content, in weight percent.
      (B) The type and amount of each oxygenate, by weight and volume percent.
      (C) The sulfur content, in ppm.
      (D) The benzene content, in volume percent.
      (E) The specific gravity.
      (F) The RVP in psi, if tested.
      (G) The aromatic content in volume percent, if tested.
      (H) The olefin content in volume percent, if tested.
      (I) The distillation parameters (i.e., E200, E300, T50, T90), if tested.
      (3) For each diesel sample collected at a retail outlet by the independent surveyor:
      (i) A description of the labeling of the fuel dispenser(s) (e.g., "ULSD") from which the independent surveyor collected the sample.
      (ii) The date and time the independent surveyor collected the sample.
      (iii) The tested sulfur content of the sample, and the test method used, as determined by the independent surveyor, in ppm.
      (4) Any other information as EPA may require.
      (c) Annual reporting. Independent surveyors must submit the following information annually by March 31.
      (1) An identification of the parties that participated in the survey during the compliance period.
      (2) An identification of each geographic area included in a survey.
      (3) Summary statistics for each identified geographic area, including the following:
      (i) The number of samples collected and tested.
      (ii) The mean, median, and range expressed in appropriate units for each measured gasoline and diesel parameter.
      (iii) The standard deviation for each measured gasoline and diesel parameter.
      (iv) The estimated compliance rate for each measured gasoline and diesel parameter subject to a per-gallon standard in subpart C or D of this part.
      (v) A summary of potential non-compliance issues.
      (4) Any other information as EPA may require.
§1090.930 Reports by auditors.
      (a) Attest engagement reports required under subpart R of this part must be submitted by independent auditors who are registered with EPA and associated with a company, or companies, via registration under subpart I of this part. Each attest engagement must clearly identify the company and compliance level (e.g., facility), time period, and scope covered by the report. Attest engagement reports covered by this section include those required under this part, and under 40 CFR part 80, subpart M, beginning with the report due June 1, 2022.
      (b) An attest engagement report must be submitted to EPA covering each compliance period by June 1 of the following calendar year. The auditor must make the attest engagement available to the company for which it was performed.
      (c) The attest engagement must comply with subpart R of this part and the attest engagement report must clearly identify the methodologies followed and any findings, exceptions, etc.
      (d) A single attest engagement submission by the auditor may include procedures performed under this part and under 40 CFR part 80, subpart M. If a single submission method is used, the auditor must clearly and separately describe the procedures and findings for each program.
      (e) If the attest engagement reveals discrepancies or instances of noncompliance requiring corrective action, then the RCO must submit a statement acknowledging them and stating that they are undertaking corrective action.
§1090.935 Reports by diesel manufacturers.
      (a) Batch reporting. (1) For each compliance period, manufacturers of ULSD must submit the following information:
      (i) The EPA-issued company and facility identifiers for the manufacturer of ULSD.
      (ii) The highest sulfur content level observed for a batch of ULSD produced during the compliance period on a company level, in ppm.
      (iii) The average sulfur content level of all batches produced during the compliance period on a company level, in ppm.
      (iv) A list of all batches of ULSD that exceeded the sulfur standard in §1090.305(b) by facility. For each such batch, report the following:
      (A) The batch number.
      (B) The date the batch was produced.
      (C) The volume of the batch, in gallons.
      (D) The sulfur content of the batch, in ppm.
      (E) The corrective action taken, if any.
      (b) [Reserved]

Subpart K -- Batch Certification, Designation, and Product Transfer Documents
BATCH CERTIFICATION AND DESIGNATION
§1090.1100 Batch certification requirements.
      (a) General provisions. (1) Fuel manufacturers, fuel additive manufacturers, and regulated blendstock producers must certify batches of fuels, fuel additives, and regulated blendstocks as specified in this section.
      (2) Fuel manufacturers, fuel additive manufacturers, and regulated blendstock producers do not need to certify fuel, fuel additive, or regulated blendstock that is exempt under subpart G of this part.
      (3) For purposes of this part, the volume of a batch is the sum of all shipments or transfers of fuel, fuel additive, or regulated blendstock out of the tank or vessel in which the fuel, fuel additive, or regulated blendstock was certified. If a volume of fuel, fuel additive, or regulated blendstock is placed in a tank, certified (if not previously certified), and is not changed in some way, it is considered to be the same batch even if several shipments or transfers are made out of that tank.
      (4) For fuel produced at a facility that has an in-line blending waiver under §1090.1315, the volume of the batch is the volume of product that is homogeneous under the requirements of §1090.1337 and is produced during a period not to exceed 3 days.
      (5) No person may introduce into commerce gasoline, diesel fuel, or ECA marine fuel that is not certified under this section.
      (b) Gasoline. (1) Gasoline manufacturers must certify gasoline as specified in paragraph (b)(2) of this section prior to introducing the fuel into commerce.
      (2) To certify batches of gasoline, gasoline manufacturers must do all the following:
      (i) Register with EPA as a refiner, blending manufacturer, importer, transmix processor, certified butane blender, or certified pentane blender under subpart I of this part, as applicable, prior to producing gasoline.
      (ii) Ensure that each batch of gasoline meets the applicable requirements of subpart C of this part using the applicable procedures specified in subpart M of this part. Transmix processors and transmix blenders must also meet all applicable requirements in subpart F of this part to ensure that each batch of gasoline meets the applicable requirements in subpart C of this part.
      (iii) Assign batch numbers as specified in §1090.1120.
      (iv) Designate batches of gasoline as specified in §1090.1110.
      (3) PCG may be mixed with other PCG without re-certification if the resulting mixture complies with the applicable standards in subpart C of this part and is designated appropriately under §1090.1110. Resulting mixtures of PCG are not new batches and should not be assigned new batch numbers.
      (4) Any person that mixes summer gasoline with summer or winter gasoline that has a different designation must do one of the following:
      (i) Designate the resulting mixture as meeting the least stringent RVP designation of any batch that is mixed. For example, a distributor who mixes Summer RFG with 7.8 psi Summer CG must designate the mixture as 7.8 psi Summer CG.
      (ii) Determine the RVP of the mixture using the procedures specified in subpart M of this part and designate the new batch under §1090.1110 to reflect the RVP of the resulting mixture.
      (5) Any person that mixes summer gasoline with winter gasoline to transition any storage tank from winter to summer gasoline is exempt from the requirement in paragraph (b)(4)(ii) of this section but must ensure that the gasoline meets the applicable RVP standard in §1090.215.
      (c) Diesel fuel and ECA marine fuel. (1) Diesel fuel and ECA marine fuel manufacturers must certify diesel fuel as specified in paragraph (c)(2) of this section prior to introducing the fuel into commerce.
      (2) To certify batches of diesel fuel and ECA marine fuel, diesel fuel and ECA marine fuel manufacturers must do all the following:
      (i) Register with EPA as a refiner, blending manufacturer, importer, or transmix processor under subpart I of this part, as applicable, prior to producing diesel fuel or ECA marine fuel.
      (ii) Ensure that each batch of diesel fuel or ECA marine fuel meets the applicable requirements of subpart D of this part using the applicable procedures specified in subpart M of this part. Transmix processors must also meet all applicable requirements specified in subpart F of this part to ensure that each batch of diesel fuel or ECA marine fuel meets the applicable requirements in subpart D of this part.
      (iii) Assign batch numbers as specified in §1090.1120.
      (iv) Designate batches of diesel fuel as specified in §1090.1115.
      (d) Oxygenates. (1) Oxygenate producers must certify oxygenates intended to be blended into gasoline as specified in paragraph (d)(2) of this section.
      (2) To certify batches of oxygenates, oxygenate producers and importers must do all the following:
      (i) Register with EPA as an oxygenate producer under subpart I of this part prior to producing or importing oxygenate intended for blending into gasoline.
      (ii) Ensure that each batch of oxygenate meets the requirements in §1090.230 by using the applicable procedures specified in subpart M of this part.
      (iii) Assign batch numbers as specified in §1090.1120.
      (iv) Designate batches of oxygenate as intended for blending with gasoline as specified in §1090.1110(c).
      (e) Certified butane. (1) Certified butane producers must certify butane intended to be blended by a blending manufacturer under §1090.1320 as specified in paragraph (e)(2) of this section.
      (2) To certify batches of certified butane, certified butane producers must do all the following:
      (i) Ensure that each batch of certified butane meets the requirements in §1090.220 by using the applicable procedures specified in subpart M of this part.
      (A) Testing must occur after the most recent delivery into the certified butane producer's storage tank, and prior to transferring the certified butane batch for delivery.
      (B) The certified butane producer must provide documentation of the test results for each batch of certified butane to the certified butane blender.
      (ii) Designate batches of certified butane as intended for blending with gasoline as specified in §1090.1110(d).
      (f) Certified pentane. (1) Certified pentane producers must certify pentane intended to be blended by a blending manufacturer under §1090.1320 as specified in paragraph (f)(2) of this section.
      (2) To certify batches of certified pentane, certified pentane producers must do all the following:
      (i) Register with EPA as a certified pentane producer under subpart I of this part prior to producing certified pentane.
      (ii) Ensure that each batch of certified pentane meets the requirements in §1090.225 by using the applicable procedures specified in subpart M of this part.
      (A) Testing must occur after the most recent delivery into the certified pentane producer's storage tank, before transferring the certified pentane batch for delivery.
      (B) The certified pentane producer must provide documentation of the test results for each batch of certified pentane to the certified pentane blender.
      (iii) Assign batch numbers as specified in §1090.1120.
      (iv) Designate batches of certified pentane as intended for blending with gasoline as specified in §1090.1110(d).
      (g) Certified ethanol denaturant. (1) Certified ethanol denaturant producers must certify certified ethanol denaturant intended to be used to make DFE that meets the requirements in §1090.235 as specified in paragraph (g)(2) of this section.
      (2) To certify batches of certified ethanol denaturant, certified ethanol denaturant producers must do all the following:
      (i) Register with EPA as a certified ethanol denaturant producer under subpart I of this part prior to producing certified ethanol denaturant.
      (ii) Ensure that each batch of certified ethanol denaturant meets the requirements in §1090.235 by using the applicable procedures specified in subpart M of this part.
      (iii) Assign batch numbers as specified in §1090.1120.
      (iv) Designate batches of certified ethanol denaturant as intended for blending with gasoline as specified in §1090.1110(e).
§1090.1105 Designation of batches of fuels, fuel additives, and regulated blendstocks.
      (a) Fuel manufacturers, fuel additive manufacturers, and regulated blendstock producers must designate batches of fuel, fuel additive, and regulated blendstock as specified in this subpart.
      (b) Fuel manufacturers, fuel additive manufacturers, and regulated blendstock producers must include designations on PTDs as specified in this subpart and must make the designation prior to the batch leaving the facility where it was produced.
      (c) By designating a batch of fuel, fuel additive, or regulated blendstock under this subpart, the designating party is acknowledging that the batch is subject to all applicable standards under this part.
      (d) A person must comply with all provisions of this part even if they fail to designate or improperly designate a batch of fuel, fuel additive, or regulated blendstock.
      (e) No person may use the designation provisions of this subpart to circumvent any standard or requirement in this part.
§1090.1110 Designation requirements for gasoline.
      (a) Designation requirements for gasoline manufacturers. Gasoline manufacturers must accurately and clearly designate each batch of gasoline as follows:
      (1) Gasoline manufacturers must designate each batch of gasoline as one of the following fuel types:
      (i) Winter RFG or RBOB.
      (ii) Summer RFG or RBOB.
      (iii) Winter CG or CBOB.
      (iv) Summer CG or CBOB.
      (v) Exempt gasoline under subpart G of this part (including additional identifying information).
      (vi) California gasoline.
      (2) Gasoline manufacturers must further designate gasoline designated as Summer CG or Summer CBOB as follows:
      (i) 7.8 psi Summer CG or CBOB.
      (ii) 9.0 psi Summer CG or CBOB.
      (iii) SIP-controlled Summer CG or CBOB.
      (3) CBOB and RBOB manufacturers must further designate the CBOB or RBOB with the type(s) and amount(s) of oxygenate specified to be blended with the CBOB or RBOB as specified in §1090.710.
      (b) Designation requirements for gasoline distributors. Gasoline distributors must accurately and clearly designate each batch or portion of a batch of gasoline for which they transfer custody to another facility as follows:
      (1) Distributors must accurately and clearly classify each batch or portion of each batch of gasoline as specified by the gasoline manufacturer in paragraph (a) of this section.
      (2) Distributors may redesignate batches or portions of batches of gasoline for which they transfer custody to another facility without recertifying the batch or portion of the batch as follows:
      (i) Winter RFG or RBOB may be redesignated as Winter CG or CBOB.
      (ii) Winter CG or CBOB may be redesignated as Winter RFG or RBOB.
      (iii) Summer RFG or RBOB and Summer CG or CBOB may be redesignated to a less stringent RVP designation. For example, a distributor could redesignate without recertification a portion of a batch of Summer RFG to 7.8 psi Summer CG or 9.0 psi Summer CG.
      (iv) Summer RFG or RBOB and Summer CG or CBOB may be redesignated as Winter RFG or RBOB or Winter CG or CBOB.
      (v)(A) California gasoline may be redesignated as RFG or CG, with appropriate season designation and RVP designation under paragraph (a) of this section, if the requirements specified in §1090.625(d) are met.
      (B) California gasoline that is not redesignated under paragraph (b)(2)(v)(A) of this section may instead be recertified as gasoline under §1090.1100(b).
      (vi) CG and RFG may not be redesignated as BOB.
      (3) Distributors that redesignate batches or portions of gasoline under paragraph (b)(2) of this section must accurately and clearly designate the batch or portion of the batch of gasoline as specified in paragraph (a) of this section.
      (c) Designation requirements for oxygenate producers. Oxygenate producers must accurately and clearly designate each batch of oxygenate intended for blending with gasoline as one of the following oxygenate types:
      (1) DFE.
      (2) The name of the specific oxygenate (e.g., iso-butanol).
      (d) Designation requirements for certified butane and certified pentane. Certified butane and certified pentane producers must accurately and clearly designate each batch of certified butane and certified pentane as one of the following types:
      (1) Certified butane.
      (2) Certified pentane.
      (e) Designation requirements for certified ethanol denaturant. Certified ethanol denaturant producers must accurately and clearly designate batches of certified ethanol denaturant as "certified ethanol denaturant".
§1090.1115 Designation requirements for diesel and distillate fuels.
      (a) Designation requirements for diesel and distillate fuel manufacturers. (1) Except as specified in paragraphs (a)(3) and (4) of this section, diesel and distillate fuel manufacturers must accurately and clearly designate each batch of diesel or distillate fuel as at least one of the following fuel types:
      (i) ULSD. Diesel fuel manufacturers may also designate the fuel as 15 ppm MVNRLM.
      (ii) LM 500 diesel fuel.
      (iii) Heating oil.
      (iv) Jet fuel.
      (v) Kerosene.
      (vi) ECA marine fuel.
      (vii) Distillate global marine fuel.
      (viii) Exempt diesel or distillate fuel under subpart G of this part (including additional identifying information).
      (2) Only fuel manufacturers that comply with the requirements in §1090.520 may designate fuel as LM 500 diesel fuel.
      (3) Any batch of diesel or distillate fuel that is certified and designated as ULSD may also be designated as heating oil, kerosene, or jet fuel if it is also suitable for use as heating oil, kerosene, or jet fuel.
      (4) Any batch of diesel or distillate fuel that is certified and designated as ULSD may also be designated as ECA marine fuel or distillate global marine fuel if the applicable requirements in §1090.325 are met.
      (b) Designation requirements for distributors of diesel and distillate fuels. Distributors of diesel and distillate fuels must accurately and clearly designate each batch of diesel or distillate fuel for which they transfer custody as follows:
      (1) Distributors must accurately and clearly designate such diesel or distillate fuel by sulfur content while it is in their custody (e.g., as 15 ppm or 500 ppm).
      (2) Distributors must accurately and clearly designate such diesel or distillate fuel as specified by the diesel or distillate fuel manufacturer under paragraph (a) of this section.
      (3) Distributors may redesignate batches or portions of batches of diesel or distillate fuel for which they transfer custody to another facility without recertifying the batch or portion of the batch as follows:
      (i) ULSD that is also suitable for use as kerosene or jet fuel (commonly referred to as dual use kerosene) may be designated as ULSD, kerosene, or jet fuel (as applicable).
      (ii) ULSD may be redesignated as LM 500 diesel fuel, heating oil, jet fuel, kerosene, ECA marine fuel, or distillate global marine fuel without recertification if all applicable requirements under this part are met for the new fuel designation.
      (iii) California diesel may be redesignated as ULSD if the requirements specified in §1090.625(e) are met.
      (iv) Heating oil, kerosene, or jet fuel may be redesignated as ULSD if the requirements specified in §1090.315 are met.
      (v) 500 ppm LM diesel fuel may be redesignated as ECA marine fuel, distillate global marine fuel, heating oil, or blendstock. Any person that redesignates 500 ppm LM diesel fuel to ECA marine fuel or distillate global marine fuel must maintain records from the producer of the 500 ppm LM diesel fuel (i.e., PTDs accompanying the fuel under §1090.1165) to demonstrate compliance with the 500 ppm sulfur standard in §1090.320(b).
      (c) No person may designate distillate fuel with a sulfur content greater than the sulfur standard in §1090.305(b) as ULSD.
§1090.1120 Batch numbering.
      (a) Fuel manufacturers, fuel additive manufacturers, and regulated blendstock producers must assign a number (the "batch number") to each batch of gasoline, diesel fuel, oxygenate, certified pentane, or certified ethanol denaturant either produced or imported. The batch number must, if available, consist of the EPA-assigned company registration number of the party that either produced or imported the fuel, fuel additive, or regulated blendstock, the EPA-assigned facility registration number where the fuel, fuel additive, or regulated blendstock was produced or imported, the last two digits of the year that the batch was either produced or imported, and a unique number for the batch, beginning with the number one (1) for the first batch produced or imported each calendar year and each subsequent batch during the calendar year being assigned the next sequential number (e.g., 4321-54321-20-000001, 4321-54321-20-000002, etc.). EPA assigns company and facility registration numbers as specified in subpart I of this part.
      (b) Certified butane or certified pentane blended with PCG during a period of up to one month may be included in a single batch for purposes of reporting to EPA. However, certified butane and certified pentane must be reported as separate batches.
      (c) Gasoline manufacturers that recertify BOBs under §1090.740 may include up to a single month's volume as a single batch for purposes of reporting to EPA.
PRODUCT TRANSFER DOCUMENTS
§1090.1150 General PTD provisions.
      (a) General. (1) On each occasion when any person transfers custody or title to any product covered under this part other than when fuel is sold or dispensed for use in motor vehicles at a retail outlet or WPC facility, the transferor must provide to the transferee PTDs that include all the following information:
      (i) The name and address of the transferor.
      (ii) The name and address of the transferee.
      (iii) The volume of the product being transferred, in gallons.
      (iv) The location of the product at the time of the transfer.
      (v) The date of the transfer.
      (2) The specific designations required for gasoline-related products specified in §1090.1110 or distillate-related products specified in §1090.1115.
      (b) Use of codes. Except for transfers to truck carriers, retailers, or WPCs, product codes may be used to convey the information required under this subpart, if such codes are clearly understood by each transferee.
§1090.1155 PTD requirements for exempted fuels.
      (a) In addition to the information required under §1090.1150, on each occasion when any person transfers custody or title to any exempted fuel under subpart G of this part, the transferor must provide to the transferee PTDs that include the following statements, as applicable:
      (1) National security exemption language. For fuels with a national security exemption specified in §1090.605: "This fuel is for use in vehicles, engines, or equipment under an EPA-approved national security exemption only."
      (2) R&D exemption language. For fuels used for an R&D purpose specified in §1090.610: "For use in research, development, and test programs only."
      (3) Racing fuel language. For fuels used for racing purposes specified in §1090.615: "This fuel is for racing purposes only."
      (4) Aviation fuel language. For fuels used in aircraft specified in §1090.615: "This fuel is for aviation use only."
      (5) Territory fuel exemption language. For fuels for use in American Samoa, Guam, or the Commonwealth of the Northern Mariana Islands specified in §1090.620: "This fuel is for use only in Guam, American Samoa, or the Northern Mariana Islands."
      (6) California gasoline language. For California gasoline specified in §1090.625: "California gasoline".
      (7) California diesel language. For California diesel specified in §1090.625: "California diesel".
      (8) Alaska, Hawaii, Puerto Rico, and U.S. Virgin Islands summer gasoline language. For summer gasoline for use in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands specified in §1090.630: "This summer gasoline is for use only in Alaska, Hawaii, Puerto Rico, or the U.S. Virgin Islands."
      (9) Exported fuel language. For exported fuels specified in §1090.645: "This fuel is for export from the United States only."
      (b) In statements required by paragraph (a) of this section, where "fuel" is designated in a statement, the specific fuel type (for example, "diesel fuel" or "gasoline") may be used in place of the word "fuel".
§1090.1160 Gasoline, gasoline additive, and gasoline regulated blendstock PTD provisions.
      (a) General requirements. For each occasion that any person transfers custody of any gasoline, gasoline additive, or gasoline regulated blendstock, the transferor must provide the transferee PTDs that include the following information:
      (1) All applicable information required under §1090.1150 and this section.
      (2) An accurate and clear statement of the applicable designation of the gasoline, gasoline additive, or gasoline regulated blendstock under §1090.1110.
      (b) BOB language requirements. For batches of BOB, in addition to the information required under paragraph (a) of this section, the following information must be included on the PTD:
      (1) Oxygenate type(s) and amount(s). Statements specifying each oxygenate type and amount (or range of amounts) that the fuel manufacturer certified a hand blend under §1090.710 for the BOB.
      (2) Summer BOB language requirements. Except as specified in paragraph (b)(2)(iv) of this section, for batches of summer BOB, identification of the product with one of the following statements indicating the applicable RVP standard in §1090.215.
      (i) "9.0 psi CBOB. This product does not meet the requirements for summer reformulated gasoline."
      (ii) "7.8 psi CBOB. This product does not meet the requirements for summer reformulated gasoline."
      (iii) "RBOB. This product meets the requirements for summer reformulated or conventional gasoline."
      (iv) For BOBs designed to produce a finished gasoline that must meet an RVP per-gallon standard required by any SIP approved or promulgated under 42 U.S.C. § 7410 or 7502, additional or substitute language to satisfy the state program may be used as necessary but must include at a minimum the applicable RVP standard established under the SIP.
      (c) RFG and CG requirements. For batches of RFG and CG, in addition to the information required under paragraph (a) of this section, the following information must be included on the PTD:
      (1) Summer gasoline language requirements. (i) Except as specified in paragraph (c)(1)(ii) of this section, for summer gasoline, identification of the product with one of the following statements indicating the applicable RVP standard:
      (A) For gasoline that meets the 9.0 psi RVP standard in §1090.215(a): "9.0 psi Gasoline."
      (B) For gasoline that meets the 7.8 psi RVP standard in §1090.215(a)(1): "7.8 psi Gasoline."
      (C) For gasoline that meets the RFG 7.4 psi RVP standard in §1090.215(a)(2): "Reformulated Gasoline."
      (ii) For finished gasoline that meets an RVP per-gallon standard required by any SIP approved or promulgated under 42 U.S.C. § 7410 or 7502, additional or substitute language to satisfy the state program may be used as necessary.
      (2) Ethanol content language requirements. (i) For gasoline-ethanol blends, one of the following statements that accurately describes the gasoline:
      (A) For gasoline containing no ethanol ("E0"), the following statement: "E0: Contains no ethanol."
      (B) For finished gasoline containing less than 9 volume percent ethanol, the following statement: "EX -- Contains up to X% ethanol." The term X refers to the maximum volume percent ethanol present in the gasoline-ethanol blend.
      (C) For E10, the following statement: "E10: Contains between 9 and 10 vol % ethanol."
      (D) For E15, the following statement: "E15: Contains up to 15 vol % ethanol."
      (E) For gasoline-ethanol blends containing more than 15 volume percent ethanol, the following statement: "EXX: Contains up to XX vol % ethanol." The term XX refers to the maximum volume percent ethanol present in the gasoline-ethanol blend.
      (ii) No person may designate a fuel as E10 if the fuel is produced by blending ethanol and gasoline in a manner designed to contain less than 9.0 or more than 10.0 volume percent ethanol.
      (iii) No person may designate a fuel as E15 if the fuel is produced by blending ethanol and gasoline in a manner designed to contain less than 10.0 or more than 15.0 volume percent ethanol.
      (d) Oxygenate language requirements. In addition to any other PTD requirements of this subpart, on each occasion when any person transfers custody or title to any oxygenate upstream of any oxygenate blending facility, the transferor must provide to the transferee PTDs that include the following information, as applicable:
      (1) For DFE: "Denatured fuel ethanol, maximum 10 ppm sulfur."
      (2) For other oxygenates, the name of the specific oxygenate must be identified on the PTD, followed by "maximum 10 ppm sulfur." For example, for isobutanol, the following statement on the PTD would be required, "Isobutanol, maximum 10 ppm sulfur."
      (e) Gasoline detergent language requirements. In addition to any other PTD requirements of this subpart, on each occasion when any person transfers custody or title to any gasoline detergent, the transferor must provide to the transferee PTDs that include the following information:
      (1) The identity of the product being transferred as detergent, detergent-additized gasoline, or non-additized detergent gasoline.
      (2) The name of the registered detergent must be used to identify the detergent additive package on its PTD and the LAC on the PTD must be consistent with the requirements in §1090.240.
      (f) Gasoline additives language requirements. In addition to any other PTD requirements of this subpart, on each occasion when any person transfers custody or title to any gasoline additive that meets the requirements of §1090.255(a), the transferor must provide to the transferee PTDs that include all the following information:
      (1) The maximum allowed treatment rate of the additive so that the additive will contribute no more than 3 ppm sulfur to the finished gasoline.
      (2) [Reserved].
      (g) Certified ethanol denaturant language requirements. In addition to any other PTD requirements of this subpart, on each occasion when any person transfers custody or title to any certified ethanol denaturant that meets the requirements of §1090.235(b), the transferor must provide to the transferee PTDs that include all the following information: