---
kind: "section"
citation: "40 C.F.R. § 1090.640"
title: "40"
number: "1090.640"
heading: "Exemptions for E85."
url: "https://uscodex.org/cfr/40/1090.640"
---

# §1090.640. Exemptions for E85.

- (a) Gasoline that is used to produce E85 is exempt from the gasoline deposit control requirements in [§ 1090.260](/cfr/40/1090.260.md).
- (b) Any person who uses the exemption in [paragraph (a)](#a) of this section must keep records to demonstrate that such exempt gasoline was used to produce E85 and was not distributed from a terminal for use as gasoline.

## Notes

### Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4349, 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 4349, Jan. 15, 2025]