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Notes

40 C.F.R. §§ 1090.1310–1090.1330

5 sections in range

§1090.1310. Testing to demonstrate compliance with standards.

40 C.F.R. § 1090.1310

(a)
Perform testing as needed to certify fuel, fuel additive, or regulated blendstock as specified in subpart K of this part. This section specifies additional test requirements.
(b)
A fuel manufacturer, fuel additive manufacturer, or regulated blendstock producer must perform the following measurements before fuel, fuel additive, or regulated blendstock from a given batch leaves the facility, except as specified in paragraph (f) of this section and § 1090.1315:
(1)
Diesel fuel. Perform testing for each batch of ULSD (including nonpetroleum diesel fuel), 500 ppm LM diesel fuel, and ECA marine fuel to demonstrate compliance with sulfur standards.
(2)
Gasoline. Perform testing for each batch of gasoline to demonstrate compliance with sulfur standards and perform testing for each batch of summer gasoline to demonstrate compliance with RVP standards.
(c)
The following testing provisions apply for gasoline, oxygenate, certified ethanol denaturant, certified butane, and certified pentane:
(1)
A gasoline manufacturer producing BOB for which oxygenate added downstream is accounted for under § 1090.710 must prepare a hand blend as specified in § 1090.1340 and perform the following measurements:
(i)
Measure the sulfur content of both the BOB and the hand blend.
(ii)
Except as specified in § 1090.1325(c), measure the benzene content of the hand blend.
(iii)
For Summer CG, measure the RVP of the BOB.
(iv)
For Summer RFG, measure the RVP of the hand blend.
(2)
A gasoline manufacturer producing gasoline for which oxygenate added downstream is not accounted for under § 1090.710 (e.g., E0 or so-called suboctane gasoline) must perform the following measurements:
(i)
Measure the sulfur content of the gasoline.
(ii)
Except as specified in § 1090.1325(c), measure the benzene content of the gasoline.
(iii)
For Summer CG and Summer RFG, measure the RVP of the gasoline.
(iv)
For Summer RFG that is designated as “Intended for Oxygenate Blending” under § 1090.1010(a)(4), create a hand blend as specified in § 1090.1340 and measure the RVP of the hand blend.
(v)
For gasoline blended with oxygenate, measure the oxygenate content of the gasoline.
(3)
An oxygenate producer must measure the sulfur content of each batch of oxygenate, except that a DFE producer may meet the alternative requirements in § 1090.1330.
(4)
An ethanol denaturant producer that certifies denaturant under § 1090.1330 must measure the sulfur content of each batch of denaturant.
(5)
A certified butane or certified pentane producer must perform sampling and testing to demonstrate compliance with purity specifications and sulfur and benzene standards as specified in § 1090.1320.
(6)
A transmix processor producing gasoline from TGP must test each batch of gasoline for parameters required to demonstrate compliance with § 1090.505 as specified in § 1090.1325.
(d)
A blending manufacturer producing gasoline by adding blendstock to PCG must comply with § 1090.1320.
(e)
For gasoline produced at a fuel blending facility or a transmix processing facility, a gasoline manufacturer must measure such gasoline for oxygenate and for distillation parameters (i.e., T10, T50, T90, final boiling point, and percent residue). However, a fuel manufacturer or transmix processor does not need to measure the oxygenate content of gasoline if PCG, transmix, TGP, and blendstocks used to produce the batch did not contain any oxygenates, based on the following documentation:
(1)
For PCG, documentation consists of oxygenate content identified on PTDs.
(2)
For transmix, TGP, and blendstocks, documentation consists of affidavits or oxygenate test results from the person providing the transmix or blendstock stating that these products do not contain oxygenate.
(f)
Refiners and blending manufacturers may meet the testing requirements of paragraph (b) of this section by loading gasoline or diesel fuel onto a marine vessel, subject to the following conditions:
(1)
The marine vessel remains within 15 miles of the fuel manufacturing facility after loading.
(2)
Each vessel compartment is sampled for meeting certification testing requirements as specified in § 1090.1605(b)(1).
(3)
No additional loading or blending occurs after sampling and certification are complete.
(4)
The refiner or blending manufacturer ensures that the fuel meets all applicable per-gallon standards before the fuel leaves the area specified in paragraph (f)(1) of this section.
Notes, amendments, and revision history

Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4357, Jan. 15, 2025; 91 FR 16500, Apr. 1, 2026]

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 4357, Jan. 15, 2025; 91 FR 16500, Apr. 1, 2026]

§1090.1315. In-line blending.

40 C.F.R. § 1090.1315

A fuel manufacturer using in-line blending equipment may qualify for a waiver from the requirement in § 1090.1310(b) to test every batch of fuel before the fuel leaves the fuel manufacturing facility. This section describes in-line blending waiver provisions that apply instead of or in addition to the requirements in § 1090.1335(c).
(a)
Submit a request signed by the RCO, or their delegate, to EPA with the following information—
(1)
Describe the location of your in-line blending operation, how long it has been in operation, and how much of each type and grade of fuel you have blended over the preceding 3 years (or since starting the in-line blending operation if it is less than 3 years). Describe the physical layout of the blending operation and how you move the blended fuel into distribution. Also describe how your automated system monitors and controls blending proportions and the properties of the blended fuel. For new installations, describe these as a planned operation with projected volumes by type and grade. Describe clearly which portions of your blending operation are the subject of your waiver request.
(2)
Describe how you collect and test composite fuel samples in a way that is equivalent to measuring the fuel properties of a batch of blended fuel as specified in this subpart. Also describe how your procedures conform to the sampling specifications in ASTM D4177 and the composite calculations in ASTM D5854 (both incorporated by reference in § 1090.95).
(3)
Describe any expectation or plan for you or another party to perform additional downstream testing for the same fuel parameters.
(4)
Describe your quality assurance procedures. Explain how you will ensure that all fuel will meet all applicable per-gallon standards. Describe any experiences from the previous 3 years where these quality assurance procedures led you to make corrections to your in-line blending operation. Describe how you will deal with release of fuel that fails to meet a per-gallon standard.
(5)
Describe any times from the previous 3 years that you modified fuel after it left your facility. Describe how you modified the fuel and why that was necessary.
(6)
Describe how you will meet the auditing requirements specified in § 1090.1850 and any additional, facility-specific considerations that relate to those auditing requirements.
(7)
Describe which blendstock parameters you intend to measure for managing the blending process and the typical sampling frequency for those measurements.
(8)
Describe any circumstances in which it is not possible to meet the requirements for sampling frequency as specified in § 1090.1335(c)(3). Also describe how you will adjust target values to account for the greater measurement variability. For example, if the greater margin of error corresponds to a 2 percent increase in measurement variability, adjust target values of all parameters subject to per-gallon and average standards downward by at least 2 percent.
(9)
Describe an alternative sampling plan to meet requirements to test head, middle, and tail samples for small batches. Your alternative sampling plan may allow you to collect a single sample anytime during the blend for a batch involving up to 8 hours of blending or up to 1 million gallons of fuel, and it may allow you to collect two evenly distributed samples during the blend for a batch involving up to 16 hours of blending or up to 2 million gallons of fuel.
(10)
Describe your plans to meet requirements to test head, middle, and tail samples in cases where unforeseen circumstances cause the batch to be complete before blending the anticipated batch volume. Any failure to perform required tests must not occur in more than 10 percent of in-line blending batches for the calendar year.
(11)
Describe contingency plans for alternative sampling and testing in cases involving failure of the automatic compositor or other essential equipment. For example, the contingency play may identify collecting a second composite sample with a redundant system.
(12)
Describe any contingency plans for an alternative sampling demonstration if an automatic sampling test result fails to meet a per-gallon standard. For example, the plan may include certifying the batch based on manual sampling in a tank if you collect the whole batch in the tank before it leaves the fuel manufacturing facility gate. As another example, as long as the fuel remains at the facility, you may certify the batch based on secondary automatic sampling as fuel comes out of a holding tank that you use to collect the fuel that failed to meet a per-gallon standard.
(13)
In the case of in-line blending into a marine vessel, describe an alternative, equivalent method for meeting the requirement in § 1090.1335(c)(4) to collect head-middle-tail samples.
(14)
Include the following statement— “The information in this submission is true, accurate, and complete to the best of my knowledge. I am aware that there are significant civil and criminal penalties for submitting false, misleading, or incomplete information.”
(b)
You must arrange for an audit of your blending operation each calendar year as specified in § 1090.1850. The audit must review procedures and documents to determine whether measured and calculated values properly represent the aggregate fuel properties for the blended fuel.
(c)
The following provisions apply for amending an approved waiver under this section—
(1)
You must submit an updated waiver request to EPA 60 days before making any material change to your in-line blending process. Material changes generally include anything that causes the previously approved waiver to be incorrect or incomplete. Examples of material changes may include changing analyzer hardware or programming, changing the analyzer's location for drawing samples of blended fuel, changing the piping configuration, changing the mixing control hardware or programming logic, changing sample compositors or compositor settings, or expanding fuel blending capacity. Changing the name of the company or business unit is an example of a change that is not material.
(2)
The request must include a description of the intended changes and a comparison document that clearly and comprehensively identifies the proposed changes to the waiver. The request must also include the statement in paragraph (a)(14) of this section.
(3)
Your request to amend a waiver under this section is deemed to be approved effective 60 days after EPA acknowledges receiving the request if there is no EPA response to the request. Such a response may be in the form of denying the request, identifying deficiencies, or requiring additional information. If we require that you correct a deficiency or submit additional information, your waiver request is deemed to be approved effective 60 days after EPA acknowledges receiving the responsive submission.
(d)
If EPA approves your request for a waiver under this section, you may need to update your procedures for more effective control and documentation of measured fuel parameters based on audit results, development of improved practices, or other information.
Notes, amendments, and revision history

Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4358, 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 4358, Jan. 15, 2025]

§1090.1320. Adding blendstock to PCG.

40 C.F.R. § 1090.1320

The requirements of this section apply for a refiner or blending manufacturer that adds blendstock to PCG to produce a new batch of gasoline. Paragraph (b) of this section specifies an alternative approach for a certified butane or certified pentane blender. Section 1090.1325 describes additional provisions that apply to a transmix processor.
(a)
Sample and test using one of the following methods to exclude PCG from the compliance demonstration for sulfur content and benzene content:
(1)
Compliance by subtraction.
(i)
Determine the sulfur content, benzene content, and oxygenate content of the PCG before blending blendstocks to produce a new batch of gasoline as follows:
(A)
Sample and test the sulfur content, benzene content, and oxygenate content of each batch of PCG using the procedures in § 1090.1350. Demonstrate homogeneity for the consolidated batch as specified in § 1090.1337 if blending involves multiple batches of PCG, or if a single batch of PCG was certified without demonstrating homogeneity under § 1090.1337(a)(4). The blending manufacturer does not need to test PCG for oxygenate content if they can demonstrate that the PCG does not contain oxygenates as specified in paragraph (a)(1)(i)(C) of this section or § 1090.1310(e)(1). For PCG sampled from a pipeline as specified in § 1090.1335(c), homogeneity provisions apply as specified in § 1090.1337, except that no homogeneity testing is required for a volume less than 1 million gallons. Evaluate homogeneity based on two evenly distributed samples if volume is between 1 million and 2 million gallons, and based on three evenly distributed samples if volume is greater than 2 million gallons. If multiple samples meet homogeneity requirements, composite the collected samples for testing sulfur, benzene, and oxygenate.
(B)
If the PCG is a BOB and the blending manufacturer is accounting for downstream oxygenate under § 1090.710, also prepare a hand blend under § 1090.1340 and test the hand blend for sulfur content and benzene content.
(C)
The blending manufacturer may use the PCG manufacturer's certification test results if the PCG was received directly from the PCG manufacturer by an in-tank transfer or tank-to-tank transfer within the same terminal as long as the results are from the PCG that is being transferred.
(D)
If multiple samples do not meet homogeneity requirements, demonstrate compliance based on the lowest measured values as specified in § 1090.1337(a)(4).
(E)
If you are unable to measure a PCG parameter, you must comply using either the presumed value for the PCG volume or an EPA-approved alternative value as described in § 1090.1710(g).
(ii)
Determine the volume of PCG that was blended with blendstock to produce a new batch of gasoline. Report the PCG as a negative batch as specified in § 1090.905(c)(3)(i).
(iii)
After adding blendstock to PCG, sample and test the sulfur content, benzene content, and for summer gasoline, RVP, of the new batch of gasoline.
(iv)
Determine the volume of the new batch of gasoline. Report the new batch of gasoline as a positive batch as specified in § 1090.905(c)(3)(ii).
(v)
Include the PCG batch and the new batch of gasoline in compliance calculations as specified in § 1090.700(d)(4)(i).
(vi)
The sample retention requirements in § 1090.1345 apply for both the new batch of gasoline and the associated PCG.
(2)
Compliance by addition.
(i)
Sample and test the sulfur content and benzene content of each batch of blendstock used to produce a new batch of gasoline from PCG using the procedures in § 1090.1350. The homogeneity requirements for gasoline specified in § 1090.1337 apply to blendstock and GTAB collected with manual sampling.
(ii)
Determine the volume of each batch of blendstock used to produce the new batch of gasoline.
(iii)
Determine the volume of each blended batch of gasoline, and measure the sulfur content and for summer gasoline, RVP, for each blended batch of gasoline using the procedures specified in § 1090.1350. Testing the blended batch of gasoline for sulfur content, however, is not required if the fuel manufacturer tests the added blendstock and determines that both the blendstock and PCG meet the fuel manufacturing facility gate sulfur per-gallon standard in § 1090.205(b).
(iv)
Report each batch of blendstock as specified in § 1090.905(c)(4).
(v)
Include each batch of blendstock in compliance calculations as specified in § 1090.700(d)(4)(ii).
(vi)
The sample retention requirements in § 1090.1345 apply for the new batch of gasoline and for each blendstock.
(b)
A certified butane or certified pentane blender that blends certified butane or certified pentane into PCG, other than Summer RFG or Summer RBOB, to make a new batch of gasoline may comply with the following requirements instead of the requirements of paragraph (a) of this section:
(1)
For summer gasoline, measure the RVP of the blended fuel. The fuel manufacturer may rely on test results from the certified butane or certified pentane producer for sulfur content and benzene content.
(2)
Before blending the certified butane or certified pentane with PCG, obtain a copy of the producer's test results indicating that the certified butane or certified pentane meets the standards in § 1090.250 or § 1090.255, respectively.
(3)
The certified pentane blender must enter into a contract with the certified pentane producer to verify that the certified pentane producer has an adequate quality assurance program to ensure that the certified pentane received will not be contaminated in transit.
(4)
The certified butane or certified pentane blender must conduct a quality assurance program to demonstrate that the certified butane or certified pentane meets the standards specified in § 1090.250 or § 1090.255, respectively. The quality assurance program must be based on sampling the more frequent of every 90 days or 500,000 gallons of certified butane or certified pentane received from each distributor. The certified butane or certified pentane blender may rely on a third party to perform the testing.
(5)
If the quality assurance testing under paragraph (b)(4) of this section shows that certified butane or certified pentane fails to meet one or more of the standards specified in § 1090.250 or § 1090.255, the certified butane or certified pentane received from that distributor at that butane blending facility or pentane blending facility during that testing period is deemed to be in violation of the relevant per-gallon standard. Any later shipment of certified butane or certified pentane received from that distributor at that butane blending facility or pentane blending facility will also be deemed to be in violation of the relevant per-gallon standard unless another quality assurance test is conducted demonstrating that certified butane or certified pentane received from that distributor meets the standards specified in § 1090.250 or § 1090.255.
(6)
If certified butane or certified pentane is deemed to be in violation under paragraph (b)(5) of this section, the certified butane or certified pentane blender must calculate its compliance obligations using paragraph (a)(1) or (2) of this section using the test results from the quality assurance program and obtain any necessary sulfur or benzene credits. For purposes of averaging, banking, and trading, the certified butane or certified pentane deemed to be in violation will be subject to the sulfur and benzene standards in §§ 1090.205 and 1090.210, respectively.
(c)
This paragraph describes provisions that apply in cases where PCG is a BOB for which the PCG manufacturer accounted for oxygenate added downstream under § 1090.710 and the blending manufacturer makes a new batch that includes less oxygenate than was specified for the BOB by the PCG manufacturer. A blending manufacturer in this circumstance does not qualify for the small volume blender exemption for BOB recertification under § 1090.740(a)(3) and must comply with all the following.
(1)
Calculate and incur sulfur and benzene deficits under the BOB recertification provisions of § 1090.740.
(2)
Comply with either the compliance by subtraction requirements of paragraph (a)(1) of this section or the compliance by addition requirements of paragraph (a)(2) of this section. For compliance by subtraction, test the PCG without adding oxygenate (i.e., test the PCG “neat”), and report the PCG volume without adjusting for the volume of oxygenate that the PCG manufacturer specified under § 1090.740.
Notes, amendments, and revision history

Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4358, 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 4358, Jan. 15, 2025]

§1090.1325. Adding blendstock or PCG to TGP.

40 C.F.R. § 1090.1325

The following provisions apply to a transmix processor or blending manufacturer producing gasoline by adding blendstock or PCG to TGP:
(a)
Determine the volume, sulfur content, and benzene content of each blendstock batch used to produce gasoline for reporting and compliance calculations by following the sampling and testing requirements in § 1090.1320 and treating the TGP used to produce the gasoline as PCG.
(b)
Sample and test the gasoline made from TGP and PCG or blendstock to demonstrate compliance with the fuel manufacturing facility gate sulfur per-gallon standard in § 1090.205(b) and the applicable RVP standard in § 1090.215.
(c)
A transmix processor producing gasoline by only adding TGP to PCG does not have to measure the benzene content of the finished gasoline.
Notes, amendments, and revision history

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.

§1090.1330. Preparing denatured fuel ethanol.

40 C.F.R. § 1090.1330

Instead of measuring every batch, a DFE producer or importer may calculate the sulfur content of a batch of DFE as follows:
(a)
Determine the sulfur content of ethanol before adding denaturant by measuring it as specified in § 1090.1310 or by estimating it based on your production quality control procedures.
(b)
Use the ppm sulfur content of certified ethanol denaturant specified on the PTD for the batch. If the sulfur content is specified as a range, use the maximum specified value.
(c)
Calculate the weighted sulfur content of the DFE using the values determined under paragraphs (a) and (b) of this section.
Notes, amendments, and revision history

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.