---
kind: "section"
citation: "40 C.F.R. § 1090.925"
title: "40"
number: "1090.925"
heading: "Reports by independent surveyors."
url: "https://uscodex.org/cfr/40/1090.925"
---

# §1090.925. Reports by independent surveyors.

- (a) **General procedures.** An independent surveyor must meet the following requirements:
  - (1) Electronically submit any plans, notifications, or reports required under this part using forms and procedures specified by EPA.
  - (2) For each report required under this section, affirm that the survey was conducted in accordance with an EPA-approved survey plan and that the survey results are accurate.
  - (3) **Include EPA-issued company identifiers on each report required under this section.**
  - (4) Submit quarterly reports required under paragraphs [(b)](#b) and [(d)](#d) of this section by the following deadlines:
- (b) **NFSP quarterly reporting.** An independent surveyor conducting the NFSP under [§ 1090.1405](/cfr/40/1090.1405.md) must submit the following information quarterly, as applicable:
  - (1) **For each retail outlet sampled by the independent surveyor—**
    - (i) The identification information for the retail outlet, as assigned by the surveyor in a consistent manner and as specified in the survey plan.
    - (ii) **The displayed fuel manufacturer brand name at the retail outlet, if any.**
    - (iii) The physical location (i.e., address) of the retail outlet.
  - (2) **For each gasoline sample collected by the independent surveyor—**
    - (i) A description of the labeling of the fuel dispenser(s) (e.g., “E0”, “E10”, “E15”, etc.) from which the independent surveyor collected the sample.
    - (ii) **The date and time the independent surveyor collected the sample.**
    - (iii) The test results for the sample, and the test methods used, as determined by the independent surveyor, including the following parameters:
      - (A) **The oxygen content, in weight percent.**
      - (B) **The type and amount of each oxygenate, by weight and volume percent.**
      - (C) **The sulfur content, in ppm.**
      - (D) **The benzene content, in volume percent.**
      - (E) **The specific gravity.**
      - (F) **The RVP in psi, if tested.**
      - (G) **The aromatic content in volume percent, if tested.**
      - (H) **The olefin content in volume percent, if tested.**
      - (I) **The distillation parameters, if tested.**
  - (3) **For each diesel fuel sample collected at a retail outlet by the independent surveyor—**
    - (i) A description of the labeling of the fuel dispenser(s) (e.g., “ULSD”) from which the independent surveyor collected the sample.
    - (ii) **The date and time the independent surveyor collected the sample.**
    - (iii) The tested sulfur content of the sample, and the test method used, as determined by the independent surveyor, in ppm.
  - (4) Any other information as EPA may require in order to administer reporting systems.
- (c) **NFSP annual reporting.** An independent surveyor conducting the NFSP under [§ 1090.1405](/cfr/40/1090.1405.md) must submit the following information annually by March 31.
  - (1) **An identification of the parties that participated in the survey during the compliance period.**
  - (2) **An identification of each geographic area included in a survey.**
  - (3) **Summary statistics for each identified geographic area, including the following—**
    - (i) **The number of samples collected and tested.**
    - (ii) **The mean, median, and range expressed in appropriate units for each measured fuel parameter.**
    - (iii) **The standard deviation for each measured fuel parameter.**
    - (iv) The estimated compliance rate for each measured fuel parameter subject to a per-gallon standard in subpart C or D of this part.
    - (v) **A summary of potential noncompliance issues.**
  - (4) Any other information as EPA may require in order to administer reporting systems.
- (d) **NSTOP quarterly reporting.** An independent surveyor conducting the NSTOP under [§ 1090.1450](/cfr/40/1090.1450.md) must submit the following information quarterly, as applicable:
  - (1) **For each gasoline manufacturing facility sampled by the independent surveyor—**
    - (i) The EPA-issued company and facility identifiers for the gasoline manufacturer and the gasoline manufacturing facility.
    - (ii) [Reserved]
  - (2) **For each gasoline sample collected by the independent surveyor—**
    - (i) **The designation of the gasoline.**
    - (ii) **The date and time the independent surveyor collected the sample.**
    - (iii) The batch number or the sample identification number as assigned by the independent surveyor in a consistent manner and as specified in the survey plan.
    - (iv) A description of any instance in which the gasoline manufacturer did not follow the applicable sampling procedures.
    - (v) The test results for the sample, and the test methods used, as determined by the independent surveyor, including the following parameters:
      - (A) **The sulfur content, in ppm.**
      - (B) **The benzene content, in volume percent.**
      - (C) **The RVP in psi, if tested.**
    - (vi) The test results for the sample, and the test methods used, as determined by the gasoline manufacturer, including the following parameters:
      - (A) **The sulfur content, in ppm.**
      - (B) **The benzene content, in volume percent.**
      - (C) **The RVP in psi, if tested.**
    - (vii) If available, the test results for the sample, and the test methods used, as determined by EPA's National Vehicle and Fuel Emissions Laboratory, including the following parameters:
      - (A) **The sulfur content, in ppm.**
      - (B) **The benzene content, in volume percent.**
      - (C) **The RVP in psi, if tested.**
    - (viii) The determined site precision under [§ 1090.1450(c)(10)(i)](/cfr/40/1090.1450.md?p=c-10-i) and the test performance index under [§ 1090.1450(c)(10)(ii)](/cfr/40/1090.1450.md?p=c-10-ii) for each method and instrument that the gasoline manufacturer used to test the sample.
    - (ix) **The reproducibility of each method that the gasoline manufacturer used to test the sample.**
    - (x) Any applicable correlation equations used to compare the gasoline manufacturer's test results to the independent surveyor's test results.
  - (3) Any other information as EPA may require in order to administer reporting systems.

## Notes

### Amendments

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4354, 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 4354, Jan. 15, 2025]
