---
kind: "section"
citation: "40 C.F.R. § 1090.105"
title: "40"
number: "1090.105"
heading: "Fuel manufacturers."
url: "https://uscodex.org/cfr/40/1090.105"
---

# §1090.105. Fuel manufacturers.


This section provides an overview of general requirements applicable to a fuel manufacturer. A gasoline manufacturer must comply with the requirements of [paragraph (a)](#a) of this section. A diesel fuel or IMO marine fuel manufacturer must comply with the requirements of [paragraph (b)](#b) of this section.

- (a) **Gasoline manufacturers.** Except as specified otherwise in this subpart, a gasoline manufacturer must comply with the following requirements:
  - (1) **Producing compliant gasoline.** A gasoline manufacturer must produce or import gasoline that meets the standards in subpart C of this part and must comply with the ABT requirements of subpart H of this part.
  - (2) **Registration.** A gasoline manufacturer must register with EPA under subpart I of this part.
  - (3) **Reporting.** A gasoline manufacturer must submit reports to EPA under subpart J of this part.
  - (4) **Certification and designation.** A gasoline manufacturer must certify and designate the gasoline they produce under subpart K of this part.
  - (5) **PTDs.** On each occasion when a gasoline manufacturer transfers custody of or title to any gasoline, the transferor must provide to the transferee PTDs under subpart L of this part.
  - (6) **Sampling, testing, and sample retention.** A gasoline manufacturer must conduct sampling, testing, and sample retention in accordance with subpart N of this part.
  - (7) **Surveys.** A gasoline manufacturer may participate in applicable fuel surveys under subpart O of this part.
  - (8) **Annual attestation engagement.** A gasoline manufacturer must submit annual attestation engagement reports to EPA under subpart S of this part.
- (b) **Diesel fuel and IMO marine fuel manufacturers.** A diesel fuel or IMO marine fuel manufacturer must comply with the following requirements, as applicable:
  - (1) **Producing compliant diesel fuel and ECA marine fuel.** A diesel fuel or ECA marine fuel manufacturer must produce or import diesel fuel or ECA marine fuel that meets the requirements of subpart D of this part.
  - (2) **Registration.** A diesel fuel or ECA marine fuel manufacturer must register with EPA under subpart I of this part.
  - (3) **Reporting.** A diesel fuel manufacturer must submit reports to EPA under subpart J of this part.
  - (4) **Certification and designation.**
    - (i) A diesel fuel or ECA marine fuel manufacturer must certify and designate the diesel fuel or ECA marine fuel they produce under subpart K of this part.
    - (ii) A distillate global marine fuel manufacturer must designate the distillate global marine fuel they produce under subpart K of this part.
  - (5) **PTDs.** On each occasion when a diesel fuel or IMO marine fuel manufacturer transfers custody or title to any diesel fuel or IMO marine fuel, the transferor must provide to the transferee PTDs under subpart L of this part.
  - (6) **Sampling, testing, and retention requirements.** A diesel fuel or ECA marine fuel manufacturer must conduct sampling, testing, and sample retention in accordance with subpart N of this part.
  - (7) **Surveys.** A diesel fuel manufacturer may participate in applicable fuel surveys under subpart O of this part.
  - (8) **Distillate global marine fuel manufacturers.** A distillate global marine fuel manufacturer does not need to comply with the requirements of paragraphs [(b)(1)](#b-1), [(2)](#b-2), [(3)](#b-3), and [(6)](#b-6) of this section for distillate global marine fuel that is exempt from the standards in [subpart D](/cfr/40/subpartD.md) of this part, as specified in [§ 1090.650](/cfr/40/1090.650.md).

## Notes

### Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4344, Jan. 15, 2025]

### Authority

Authority: 42 U.S.C. 7414, 7521, 7522-7525, 7541, 7542, 7543, 7545, 7547, 7550, and 7601.

### Source

Source: 85 FR 78469, Dec. 4, 2020, unless otherwise noted.

### Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4344, Jan. 15, 2025]