[Code of Federal Regulations]
[Title 40, Volume 14]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR80.7]

[Page 582-583]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES--Table of Contents
 
                      Subpart A--General Provisions
 
Sec. 80.7  Requests for information.

    (a) When the Administrator, the Regional Administrator, or their 
delegates have reason to believe that a violation of section 211(c) or 
section 211(n) of the Act and the regulations thereunder has occurred, 
they may require any refiner, distributor, wholesale purchaser-consumer, 
or retailer to report the following information regarding receipt, 
transfer, delivery, or sale of gasoline represented to be unleaded 
gasoline and to allow the reproduction of such information at all 
reasonable times.
    (1) For any bulk shipment of gasoline represented to be unleaded 
gasoline which is transferred, sold, or delivered within the previous 6 
months by a refiner or a distributor to a distributor, wholesale 
purchaser-consumer or a retail outlet, the refiner or distributor shall 
maintain and provide the following information as applicable:
    (i) Business or corporate name and address of distributors, 
wholesale purchaser-consumers or retail outlets to which the gasoline 
has been transferred, sold, or delivered.
    (ii) Quantity of gasoline involved.
    (iii) Date of delivery.
    (iv) Storage location of gasoline prior to transit via delivery 
vessel (e.g., location of a bulk terminal).
    (v) Business or corporate name and address of the person who 
delivered the gasoline.
    (vi) Identification of delivery vessel (e.g., truck number). This 
information shall be supplied by the person in paragraph (a)(1)(v) of 
this section who performed the delivery, e.g., common or contract 
carrier.
    (2) For any bulk shipment of gasoline represented to be unleaded 
gasoline received by a retail outlet or a wholesale-purchaser-consumer 
facility within the previous 6 months, whether by purchase or otherwise, 
the retailer or wholesale purchaser-consumer shall maintain 
accessibility to and provide the following information:
    (i) Business or corporate name and address of the distributor.
    (ii) Quantity of gasoline received.
    (iii) Date of receipt.
    (b) Upon request by the Administrator, the Regional Administrator, 
or their delegates, any retailer shall provide documentation of his 
annual total sales volume in gallons of gasoline for each retail outlet 
for each calendar year beginning with 1971.
    (c) Any refiner, distributor, wholesale purchaser-consumer, 
retailer, or importer shall provide such other information as the 
Administrator or his authorized representative may reasonably require to 
enable him to determine whether such refiner, distributor, wholesale 
purchaser-consumer, retailer, or importer has acted or is acting in 
compliance with sections 211(c) and 211(n) of the Act and the 
regulations thereunder and shall, upon request of the Administrator or 
his authorized representative, produce and allow reproduction of any 
relevant records at all reasonable times. Such information may include 
but is not limited to records of unleaded gasoline inventory at a 
wholesale purchaser-

[[Page 583]]

consumer facility or a retail outlet, unleaded pump meter readings at a 
wholesale purchaser-consumer facility or a retail outlet, and receipts 
providing the date of acquisition of signs, labels, and nozzles required 
by Sec. 80.22. No person shall be required to furnish information 
requested under this paragraph if he can establish that such information 
is not maintained in the normal course of his business.

(Secs. 211, 301, Clean Air Act, as amended (42 U.S.C. 1857f-6c, 1857g))

[40 FR 36336, Aug. 20, 1975, as amended at 42 FR 45307, Sept. 9, 1977; 
47 FR 49332, Oct. 29, 1982; 61 FR 3837, Feb. 2, 1996]