---
kind: "section"
citation: "40 C.F.R. § 1090.1710"
title: "40"
number: "1090.1710"
heading: "Penalties."
url: "https://uscodex.org/cfr/40/1090.1710"
---

# §1090.1710. Penalties.

- (a) Any person liable for a violation under this part is subject to civil penalties as specified in 42 U.S.C. [7524](/usc/42/7524.md) and [7545](/usc/42/7545.md) for each day of such violation and the amount of economic benefit or savings resulting from the violation.
- (b)
  - (1) Any person liable for the violation of an average standard under this part is subject to a separate day of violation for each day in the compliance period.
  - (2) Any person liable under this part for a failure to fulfill any requirement for credit generation, transfer, use, banking, or deficit correction is subject to a separate day of violation for each day in any compliance period in which invalid credits are generated, transferred, used, or made available for use.
- (c)
  - (1) Any person liable under this part for a violation of a per-gallon standard, or for causing another party to violate a per-gallon standard, is subject to a separate day of violation for each day the non-complying fuel, fuel additive, or regulated blendstock remains any place in the distribution system.
  - (2) For the purposes of [paragraph (c)(1)](#c-1) of this section, the length of time the fuel, fuel additive, or regulated blendstock that violates a per-gallon standard remained in the distribution system is deemed to be 25 days, unless a person subject to liability or EPA demonstrates by reasonably specific showings, by direct or circumstantial evidence, that the non-complying fuel, fuel additive, or regulated blendstock remained in the distribution system for fewer than or more than 25 days.
- (d) Any person liable for failure to meet, or causing a failure to meet, any other provision of this part is liable for a separate day of violation for each day such provision remains unfulfilled.
- (e) **Failure to meet separate requirements of this part count as separate violations.**
- (f) Violation of any misfueling prohibition under this part counts as a separate violation for each day the noncompliant fuel, fuel additive, or regulated blendstock remains in any engine, vehicle, or equipment.
- (g) The presumed fuel parameter values in this [paragraph (g)](#g) apply for cases in which any person fails to comply with the sampling or testing requirements and must be reported, unless EPA, in its sole discretion, approves a different value. Any person requesting the use of alternative test values must submit their request to EPA as specified in [§ 1090.10](/cfr/40/1090.10.md) within 30 days of discovering failure to comply with sampling and testing requirements, except that the request will be considered timely if the sampling and testing violation is self-disclosed under EPA's audit policy and the request is submitted by the certification deadline for the self-disclosure.
  - (1) **For gasoline—** 339 ppm sulfur, 1.64 volume percent benzene, and 11 psi RVP.
  - (2) **For diesel fuel—** 1,000 ppm sulfur.
  - (3) **For ECA marine fuel—** 5,000 ppm sulfur.
  - (4) For the PCG portion for PCG by subtraction under [§ 1090.1320(a)(1)](/cfr/40/1090.1320.md?p=a-1): 0 ppm sulfur and 0 volume percent benzene.
  - (5) **For fuel additives—** 339 ppm sulfur.
  - (6) **For regulated blendstocks—** 339 ppm sulfur and 1.64 volume percent benzene.

## Notes

### Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4367, 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 4367, Jan. 15, 2025]