---
kind: "section"
citation: "40 C.F.R. § 1090.120"
title: "40"
number: "1090.120"
heading: "Oxygenate producers."
url: "https://uscodex.org/cfr/40/1090.120"
---

# §1090.120. Oxygenate producers.


This section provides an overview of general requirements applicable to an oxygenate producer (e.g., a DFE or isobutanol producer). A DFE producer must comply with the requirements for an oxygenate producer in [paragraph (a)](#a) of this section and the additional requirements specified in [paragraph (b)](#b) of this section.

- (a) **Oxygenate producers.** An oxygenate producer must comply with the following requirements:
  - (1) **Gasoline standards.** An oxygenate producer must comply with the applicable requirements of subpart C of this part.
  - (2) **Registration.** An oxygenate producer must register with EPA under subpart I of this part.
  - (3) **Reporting.** An oxygenate producer must submit reports to EPA under subpart J of this part.
  - (4) **Certification and designation.** An oxygenate producer must certify and designate the oxygenate they produce under subpart K of this part.
  - (5) **PTDs.** On each occasion when an oxygenate producer transfers custody or title to any fuel, fuel additive, or regulated blendstock, the transferor must provide to the transferee PTDs under subpart L of this part.
  - (6) **Sampling, testing, and retention requirements.** An oxygenate producer must conduct sampling, testing, and sample retention in accordance with subpart N of this part.
- (b) **DFE producers.** In addition to the requirements specified in [paragraph (a)](#a) of this section, a DFE producer must meet all the following requirements:
  - (1) Use denaturant that complies with the requirements specified in §§ [1090.270(b)](/cfr/40/1090.270.md?p=b) and [1090.275](/cfr/40/1090.275.md).
  - (2) Participate in a survey program conducted by an independent surveyor under [subpart O](/cfr/40/subpartO.md) of this part if the DFE producer produces DFE made available for use in the production of E15.

## Notes

### 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.