---
kind: "section"
citation: "40 C.F.R. § 1090.1850"
title: "40"
number: "1090.1850"
heading: "Procedures related to in-line blending waivers."
url: "https://uscodex.org/cfr/40/1090.1850"
---

# §1090.1850. Procedures related to in-line blending waivers.


In addition to any other procedure required under this subpart, an auditor must perform the procedures specified in this section for a gasoline manufacturer that relies on an in-line blending waiver under [§ 1090.1315](/cfr/40/1090.1315.md).

- (a)
  - (1) Obtain a copy of the gasoline manufacturer's in-line blending waiver submission and EPA's approval letter.
  - (2) Confirm that the sampling procedures and composite calculations conform to the specifications in [§ 1090.1315(a)(2)](/cfr/40/1090.1315.md?p=a-2).
  - (3) **Review the gasoline manufacturer's procedure for defining a batch for compliance purposes.** Review available test data demonstrating that the test results from in-line blending correctly characterize the fuel parameters for the designated batch.
  - (4) Confirm that the gasoline manufacturer corrected their operations because of previous audits, if applicable.
  - (5) Confirm that the equipment and procedures have not materially changed from the gasoline manufacturer's in-line blending waiver. In cases of material change in equipment or procedure, confirm that the gasoline manufacturer updated their in-line blending waiver and report any exceptions.
  - (6) Perform any additional procedures unique to the blending operation, as specified in the in-line blending waiver, and report any findings, variances, or exceptions, as applicable.
  - (7) Confirm that the gasoline manufacturer has complied with all provisions related to their in-line blending waiver and report any exceptions.
- (b)
  - (1) Obtain test data, including head, middle, and tail results, for each batch produced under the gasoline manufacturer's in-line blending waiver.
  - (2) Review the alternative sampling plan to meet requirements to test head, middle, and tail samples for small batches under [§ 1090.1315(a)(9)](/cfr/40/1090.1315.md?p=a-9).
  - (3) Report as a finding any instance where only a single sample was taken for a small batch involving more than 8 hours of blending or more than 1 million gallons of fuel.
  - (4) Report as a finding any instance where two samples were unevenly distributed for a small batch or where only two samples were taken for a small batch involving more than 16 hours of blending or up to 2 million gallons of fuel.
  - (5) Determine and report the percentage of in-line blending batches where the gasoline manufacturer failed to perform the required head, middle, and tail samples due to unforeseen circumstances. Report as a finding if this percentage is greater than 10 percent of in-line blending batches for the calendar year.
  - (6) Determine and report each instance where a contingency plan for alternative sampling was utilized under [§ 1090.1315(a)(12)](/cfr/40/1090.1315.md?p=a-12).

## Notes

### Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4372, 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 4372, Jan. 15, 2025]