§1090.1405. National fuels survey program.
40 C.F.R. § 1090.1405
Program participation.
A gasoline manufacturer that elects to account for oxygenate added downstream under § 1090.710 must participate in the national fuels survey program (NFSP) specified in paragraph (b) of this section.
A party required to participate in an E15 survey under § 1090.1420(a) must participate in the NFSP specified in paragraph (b) of this section or a survey program approved by EPA under § 1090.1420(b) or (c).
Other parties may elect to participate in the NFSP for purposes of establishing an affirmative defense against violations of requirements and provisions under this part as specified in § 1090.1720.
Program requirements. The NFSP must meet all the following requirements:
The survey program must be planned and conducted by an independent surveyor that meets the independence requirements in § 1090.55 and the requirements specified in § 1090.1410.
The survey program must be conducted by collecting samples representative of retail outlets in the United States as specified in § 1090.1415.
Notes, amendments, and revision history
Amendments
[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4364, 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 4364, Jan. 15, 2025]