---
kind: "section"
citation: "40 C.F.R. § 1090.265"
title: "40"
number: "1090.265"
heading: "Gasoline additive standards."
url: "https://uscodex.org/cfr/40/1090.265"
---

# §1090.265. Gasoline additive standards.

- (a) Any gasoline additive that is added to, intended for adding to, used in, or offered for use in gasoline at any downstream location must meet all the following requirements:
  - (1) **Registration.** The gasoline additive must be registered by a gasoline additive manufacturer under [40 CFR part 79](/cfr/40/part79.md).
  - (2) **Sulfur content.** The gasoline additive must contribute less than or equal to 3 ppm on a per-gallon basis to the sulfur content of gasoline when used at the maximum recommended concentration.
  - (3) **Treatment rate.** Except for oxygenates, the gasoline additive(s) must be used at a maximum treatment rate less than or equal to a combined total of 1.0 volume percent.
- (b) Any fuel additive blender that is not otherwise subject to any other requirement in this part and only blends a gasoline additive that meets the requirements of [paragraph (a)](#a) of this section into gasoline is not subject to any requirement in this part solely due to this gasoline additive blending, except the downstream sulfur per-gallon standard in [§ 1090.205(c)](/cfr/40/1090.205.md?p=c), if all the following conditions are met:
  - (1) The fuel additive blender blends gasoline additives into gasoline at a concentration less than or equal to a combined total of 1.0 volume percent.
  - (2) The fuel additive blender does not add any other blendstock into the gasoline except for oxygenates that meet the requirements in [§ 1090.270](/cfr/40/1090.270.md).
- (c) Any person who blends any fuel additive that does not meet the requirements of paragraphs [(a)](#a) and [(b)](#b) of this section is a gasoline manufacturer and must comply with all the requirements applicable to a gasoline manufacturer under this part.
- (d) Any gasoline additive used or intended for use to comply with the gasoline deposit control requirement in [§ 1090.260(a)](/cfr/40/1090.260.md?p=a) must meet the gasoline deposit control standards under [§ 1090.260(b)](/cfr/40/1090.260.md?p=b).

## Notes

### Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4346, June 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 4346, June 15, 2025]