---
kind: "section"
citation: "40 C.F.R. § 1090.740"
title: "40"
number: "1090.740"
heading: "Downstream BOB recertification."
url: "https://uscodex.org/cfr/40/1090.740"
---

# §1090.740. Downstream BOB recertification.

- (a)
  - (1) A gasoline manufacturer may recertify a BOB that another gasoline manufacturer has specified blending instructions for oxygenate(s) under [§ 1090.710(a)(5)](/cfr/40/1090.710.md?p=a-5) for a different type or amount of oxygenate, including gasoline recertification to contain no oxygenate, if the recertifying gasoline manufacturer meets all the requirements of this section.
  - (2) A gasoline manufacturer must comply with applicable requirements of this part and incur deficits to be included in their compliance calculations under [§ 1090.700](/cfr/40/1090.700.md) for each facility at which the gasoline manufacturer recertifies BOB.
  - (3) Unless otherwise required under this part, a gasoline manufacturer that recertifies 1,000,000 or less gallons of BOB under this section at a facility does not need to obtain credits to satisfy deficits incurred under this section or arrange for an auditor to conduct audits under [subpart S](/cfr/40/subpartS.md) of this part for that facility. The gasoline manufacturer must still comply with all other applicable provisions of this part (e.g., register and submit reports under subparts [I](/cfr/40/subpartI.md) and [J](/cfr/40/subpartJ.md) of this part, respectively).
  - (4) A party that only recertifies BOB that contains a greater amount of a specified oxygenate (e.g., a party adds 15 volume percent ethanol instead of 10 volume percent ethanol to an E10 BOB) or a different oxygenate at an equal or greater amount (e.g., a party adds 16 volume percent isobutanol instead of 10 volume percent ethanol to an E10 BOB) does not incur deficits under this section, does not need to submit reports under [subpart J](/cfr/40/subpartJ.md) of this part, and does not need to arrange for an auditor to conduct an audit under [subpart S](/cfr/40/subpartS.md) of this part. The party must still comply with all other applicable provisions of this part (e.g., register and keep records under subparts [I](/cfr/40/subpartI.md) and [M](/cfr/40/subpartM.md) of this part, respectively).
- (b) A gasoline manufacturer that recertifies a BOB under this section must calculate sulfur and benzene deficits for each batch and the total deficits for sulfur and benzene as follows:
  - (1) **Total sulfur deficit from downstream BOB recertification.** Calculate the total sulfur deficit from downstream BOB recertification for each facility as follows:
  - (2) **Sulfur deficits from downstream BOB recertification.** Calculate the sulfur deficit from BOB recertification for each individual batch of BOB recertified as follows:
  - (3) **Total benzene deficit from downstream BOB recertification.** Calculate the total benzene deficit from downstream BOB recertification for each facility as follows:
  - (4) **Benzene deficits from downstream BOB recertification.** Calculate the benzene deficit from BOB recertification for each individual batch of BOB recertified as follows:
  - (5) **Deficit rounding.** The deficits calculated in [paragraphs (b)(1) through (4)](#b-1..b-4) of this section must be rounded and reported to the nearest sulfur ppm-gallon or benzene gallon in accordance with [§ 1090.50](/cfr/40/1090.50.md), as applicable.
- (c) A gasoline manufacturer does not incur a deficit, nor may they generate credits, for negative values from the equations in [paragraph (b)](#b) of this section.
- (d) Deficits incurred under this section must be fulfilled in the compliance period in which they occur and must not be carried forward under [§ 1090.715](/cfr/40/1090.715.md).

## Notes

### Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4352, 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 4352, Jan. 15, 2025]