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Notes

40 C.F.R. §§ 1090.1335–1090.1345

4 sections in range

§1090.1335. Collecting, preparing, and testing samples.

40 C.F.R. § 1090.1335

(a)
General provisions. Use good laboratory practice to collect samples to represent the batch you are testing. For example, take steps to ensure that a batch is always well mixed before sampling. Also, always take steps to prevent sample contamination, such as completely flushing sampling taps and piping and pre-rinsing sample containers with the product being sampled. Follow the procedures in paragraph (b) of this section for manual sampling. Follow the procedures in paragraph (c) of this section for automatic sampling. Additional requirements for measuring RVP are specified in paragraph (d) of this section. A description of how to determine compliance based on single or multiple tests on single or multiple samples is specified in paragraph (e) of this section.
(b)
Manual sampling. Perform manual sampling using one of the methods specified in ASTM D4057 (incorporated by reference; see § 1090.95) to demonstrate compliance with standards as follows:
(1)
Collect a “running” or “all-levels” sample from the top of the tank. Drawing a sample from a standpipe is acceptable only if it is slotted or perforated to ensure that the drawn sample properly represents the whole batch.
(2)
Use tap sampling (or other spot sampling) to collect upper, middle, and lower samples. Collect samples that most closely match the recommendations in ASTM D4057. Adjust spot sampling for partially filled tanks as shown in Table 1, Table 5, or Table 6 of ASTM D4057, as applicable.
(3)
If the procedures in paragraphs (b)(1) and (2) of this section are impractical for a given storage configuration, you may use alternative sampling procedures as specified in ASTM D4057. This applies primarily for sampling with railcars, trucks, retail outlets, and other downstream locations.
(4)
Test results with manual sampling are valid only after you demonstrate homogeneity as specified in § 1090.1337. Once a batch meets homogeneity specifications, you may use any properly drawn sample to represent the batch, subject to the hand-blending provisions of § 1090.1340. The entire batch volume is noncompliant if a sample fails to meet any applicable per-gallon standard.
(5)
Except as specified for marine vessels in § 1090.1605, you must not do certification testing with a composite sample from manual sampling.
(c)
Automatic sampling. Perform automatic sampling as specified in ASTM D4177 (incorporated by reference; see § 1090.95), with the additional provisions specified in this paragraph (c). Automatic sampling is intended to apply for in-line blending, including configurations that involve a pipeline filling a tank that will be certified as compliant before it leaves the fuel manufacturing facility gate.
(1)
Follow all specifications for automatic sampling in this paragraph (c) unless EPA approves an in-line blending waiver that authorizes specific exceptions under § 1090.1315.
(2)
Configure the system to ensure a well-mixed stream at the sampling point. Align the start and end of sampling with the start and end of creating the batch.
(3)
Set a sampling frequency to represent a batch by meeting one or more of the following specifications, keeping records to show that the sampling frequency meets specifications:
(i)
Collect 9,604 grabs.
(ii)
Collect a number of grabs that achieves a margin of error of 0.01 or less as specified in Section 19.1.3 of ASTM D4177.
(iii)
Collect grabs at regular intervals that do not exceed 20 seconds throughout the batch.
(4)
Collect three samples for individual measurements in addition to the composite sample. Draw head, middle, and tail samples that come from the initial, middle, and final thirds of the estimated batch volume, respectively.
(5)
If the composite sample fails to meet any applicable per-gallon standard, the entire batch volume is noncompliant. If one or more separate samples fail to meet any applicable per-gallon standard, the volume of noncompliant fuel is the volume starting with the last valid passing result before the failing result (or the start of the batch), up to the first valid passing result after the failing result (or the end of the batch).
(6)
EPA may approve a different sampling strategy under an approved in-line blending waiver under § 1090.1315 if it is appropriate for a given facility or for a small-volume batch.
(d)
Sampling provisions related to measuring RVP of summer gasoline. The following additional provisions apply for preparing samples to measure the RVP of summer gasoline:
(1)
Meet the additional specifications for manual and automatic sampling in ASTM D5842 (incorporated by reference; see § 1090.95).
(2)
If you measure other fuel parameters for a given sample in addition to RVP testing, always measure RVP first.
(e)
Testing and reporting to demonstrate compliance with standards. Perform testing as specified in this subpart and report values to demonstrate compliance with per-gallon and average standards as follows:
(1)
For parameters subject to per-gallon standards, report the highest measured value (or the lowest measured value for testing related to cetane index or other parameters that are subject to a standard representing a minimum value). This applies for repeat tests on a given sample and for testing multiple samples (including head, middle, and tail samples from automatic sampling).
(2)
In the case of automatic sampling for parameters subject to average standards, report the result from the composite sample to represent the batch for demonstrating compliance with the average standard. For any repeat testing with the composite sample, calculate the arithmetic average from all tests to represent the batch.
(3)
In the case of manual sampling for parameters subject to average standards, determine the value representing the batch as follows:
(i)
For testing with only a single sample, report that value to represent the batch. If there are repeat tests with that sample, report the arithmetic average from all tests to represent the sample.
(ii)
For testing with more than one sample, report the arithmetic average from all tested samples to represent the batch. If there are repeat tests for any sample, calculate the arithmetic average of those repeat tests to determine a single value to represent that sample before calculating the average value to represent the batch.
Notes, amendments, and revision history

Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4359, 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 4359, Jan. 15, 2025]

§1090.1337. Demonstrating homogeneity.

40 C.F.R. § 1090.1337

(a)
Certification test results corresponding to manual sampling as specified in § 1090.1335(b) are valid only if collected samples meet the homogeneity specifications in this section, except that the homogeneity testing requirement does not apply in the following cases:
(1)
There is only a single sample using the procedure specified in § 1090.1335(b)(2).
(2)
Upright cylindrical tanks that have a liquid depth of less than 10 feet.
(3)
Horizontal tanks with circular or elliptical cross section with a volume less than 42,000 gallons used for storing ethanol denaturant. Draw samples from the approximate mid-depth of the product level.
(4)
You draw spot samples as specified in paragraph (c) of this section, test each sample for every parameter subject to a testing requirement, and use the worst-case test result for each parameter for purposes of reporting, meeting per-gallon and average standards, and all other aspects of compliance.
(5)
Your tank configuration depends on roof sampling for homogeneity demonstration, but inclement weather prevents collecting roof samples and EPA has already approved a plan for a mixing procedure to ensure a homogeneous batch for your specific tank configuration. EPA approval of the mixing procedure will include consideration of product type, fill level, and other relevant parameters for specific tank configurations and batch characteristics. Keep records to document EPA approval of the mixing procedure, your actions to follow the approved mixing procedure, and the forcing weather event.
(6)
Sampling occurs at a downstream location where it is not possible to collect separate samples and steps are taken to ensure that the batch is well mixed.
(7)
The product being tested is certified butane or certified pentane.
(b)
Any test to establish homogeneity is considered a certification test relative to a per-gallon standard for a given parameter if the test result is the worst-case value from all testing performed for the batch. Report the highest measured value as specified in § 1090.1335(e)(1).
(c)
Use spot sampling as specified in § 1090.1335(b)(2) for homogeneity testing.
(d)
Demonstrate homogeneity for gasoline and TGP using two of the procedures specified in this paragraph (d) with each sample. For summer gasoline, the homogeneity demonstration must include RVP measurement.
(1)
Measure density or API gravity using ASTM D287, ASTM D1298, ASTM D4052, or ASTM D7777 (incorporated by reference, see § 1090.95).
(2)
Measure the sulfur content as specified in § 1090.1360.
(3)
Measure the benzene content as specified § 1090.1360.
(4)
Measure the RVP as specified in § 1090.1360.
(e)
For testing of diesel fuel (including nonpetroleum diesel fuel) and ECA marine fuel to meet the standards in subpart D of this part, demonstrate homogeneity using one of the procedures specified in paragraph (d)(1) or (2) of this section.
(f)
Consider the batch to be homogeneous for a given parameter if the measured values for all tested samples vary by no more than the published reproducibility of the test method multiplied by 0.75 (R × 0.75). If reproducibility is a function of measured values, calculate reproducibility using the average value of the measured parameter representing all tested samples. Calculate using all meaningful significant figures as specified for the test method, even if § 1090.1350(c) describes a different precision. For cases that do not require a homogeneity demonstration under paragraph (a) of this section, the lack of homogeneity demonstration does not prevent a quantity of fuel, fuel additive, or regulated blendstock from being considered a batch for demonstrating compliance with the requirements of this part. The following additional provisions apply for special cases:
(1)
Do not use test results for a given test method for a parameter to demonstrate homogeneity if multiple measured values are at or below the test method's PLOQ, LLOQ, or valid range, as applicable. You may instead use a different test method as allowed under this subpart to get test results with the same parameter or with a different parameter.
(2)
If you have homogeneity test results for more than the required number of parameters and not all parameters meet the criteria, all testing results except density or API gravity must meet applicable homogeneity criteria to demonstrate that the batch is homogeneous.
(3)
If using ASTM D4052 (incorporated by reference; see § 1090.95) for measuring density or API gravity to demonstrate homogeneity through December 31, 2026, you may calculate the homogeneity criterion based on the reproducibility of the test method at the limit of the valid range for testing, even if measured results extend beyond the valid range. You may request to use an updated version of ASTM D4052 if the updated version has expanded the range of reproducibility to include your measured results. You may also request to use the provisions of this paragraph (f)(3) beyond December 31, 2026, if there is no updated version of ASTM D4052 with reproducibility that applies for your measured results.
Notes, amendments, and revision history

Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4360, 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 4360, Jan. 15, 2025; 91 FR 16500, Apr. 1, 2026]

§1090.1340. Preparing a hand blend from BOB.

40 C.F.R. § 1090.1340

(a)
If you produce or import BOB and instruct downstream blenders to add oxygenate, you must meet the requirements of this subpart by blending oxygenate that reflects the anticipated sulfur content and benzene content of the oxygenate for blending into a BOB sample. To do this, prepare each hand blend by adding oxygenate to the BOB sample in a way that corresponds to your instructions to downstream blenders for the sampled batch of fuel. Prepare hand blends as follows:
(1)
Take steps to avoid introducing high or low bias in sulfur content when selecting from available samples to prepare the hand blend. For example, if there are three samples with discrete sulfur content measurements, select the sample with the mid-range sulfur content. In other cases, randomly select the sample. If you omit the homogeneity demonstration under § 1090.1337(a)(4), prepare a single hand blend using the BOB sample that has the highest sulfur content.
(2)
If your instructions allow for a downstream blender to add more than one type or concentration of oxygenate, prepare the hand blend as follows:
(i)
For summer gasoline intended for blending with ethanol, use the lowest specified ethanol blend.
(ii)
For all winter gasoline and for summer gasoline intended for blending only with oxygenate other than ethanol, use the lowest specified oxygenate concentration, regardless of the type of oxygenate.
(iii)
As an example, if you give instructions for a given batch of BOB to perform downstream blending to make E10, E15, and a blend that contains 8 volume percent butanol, prepare a hand blend for testing winter gasoline with 8 volume percent butanol, and prepare an E10 hand blend for testing summer gasoline.
(b)
Prepare the hand blend using the procedures specified in ASTM D7717 (incorporated by reference in § 1090.95). The hand blend must have an amount of oxygenate that does not exceed the oxygenate concentration specified on the PTD for the BOB under § 1090.1110(b)(1).
Notes, amendments, and revision history

Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4361, 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 4361, Jan. 15, 2025]

§1090.1345. Retaining samples.

40 C.F.R. § 1090.1345

(a)
Retain samples as follows—
(1)
A fuel manufacturer, regulated blendstock producer, or independent surveyor must keep representative samples of gasoline, diesel fuel, or oxygenate that is subject to certification testing requirements under this subpart for at least 30 days after testing is complete, except that a longer sample retention of 90 days applies for a blending manufacturer that produces gasoline.
(2)
A certified pentane producer must keep representative samples of certified pentane for at least 30 days after testing is complete.
(3)
A blending manufacturer required to test blendstock under § 1090.1320(a)(2) must keep representative samples of the blendstock and the new batch of gasoline for at least 90 days after testing is complete.
(4)
An oxygenate producer or importer must keep oxygenate samples as follows:
(i)
Keep a representative sample of any tested oxygenate. Also keep a representative sample of DFE if you used the provisions of § 1090.1330 to calculate its sulfur content.
(ii)
Keep all the samples you collect over the previous 21 days. If you have fewer than 20 samples from the previous 21 days, continue keeping the most recent 20 samples collected up to a maximum of 90 days for any given sample.
(5)
The nominal volume of retained liquid samples must be at least 330 ml.
(6)
If you have only a single sample for testing, keep that sample after testing is complete. If you collect multiple samples from a single batch, keep any sample that represents the batch, except that samples of summer gasoline must be untested.
(7)
If you test a hand blend under § 1090.1340, keep a sample of the BOB and a sample representative of the oxygenate used to prepare the hand blend.
(b)
Keep records of all calculations, test results, and test methods for the batch associated with each stored sample.
(c)
If EPA requests a test sample, you must follow EPA's instructions and send it to EPA by a courier service (or equivalent). The instructions will describe where and when to send the sample. For each test sample, you must identify the test results and test methods used.
(d)
You are responsible for meeting the requirements of this section even if a third party performs testing and stores the fuel samples for you.
Notes, amendments, and revision history

Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4361, 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 4361, Jan. 15, 2025]