[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: 40CFR80.74]

[Page 658-659]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 80--REGULATION OF FUELS AND FUEL ADDITIVES--Table of Contents
 
                    Subpart D--Reformulated Gasoline
 
Sec. 80.74  Recordkeeping requirements.

    All parties in the gasoline distribution network, as described in 
this section, shall maintain records containing the information as 
required in this section. These records shall be retained for a period 
of five years from the date of creation, and shall be delivered to the 
Administrator of EPA or to the Administrator's authorized representative 
upon request.
    (a) All regulated parties. Any refiner, importer, oxygenate blender, 
carrier, distributor, reseller, retailer, or wholesale-purchaser who 
sells, offers for sale, dispenses, supplies, offers for supply, stores, 
transports, or causes the transportation of any reformulated gasoline or 
RBOB, shall maintain records containing the following information:
    (1) The product transfer documentation for all reformulated gasoline 
or RBOB for which the party is the transferor or transferee; and
    (2) For any sampling and testing on RBOB or reformulated gasoline:
    (i) The location, date, time, and storage tank or truck 
identification for each sample collected;
    (ii) The identification of the person who collected the sample and 
the person who performed the testing;
    (iii) The results of the tests; and
    (iv) The actions taken to stop the sale of any gasoline found not to 
be in compliance, and the actions taken to identify the cause of any 
noncompliance and prevent future instances of noncompliance.
    (b) Refiners and importers. In addition to other requirements of 
this section, any refiner and importer shall, for all reformulated 
gasoline and RBOB produced or imported, maintain records containing the 
following information:
    (1) Results of the tests to determine reformulated gasoline 
properties and characteristics specified in Sec. 80.65;
    (2) Results of the tests for the presence of the marker specified in 
Sec. 80.82;
    (3) The volume of gasoline associated with each of the above test 
results using the method normally employed at the refinery or import 
facility for this purpose;
    (4) In the case of RBOB:
    (i) The results of tests to ensure that, following blending, RBOB 
meets applicable standards; and
    (ii) Each contract with each oxygenate blender to whom the refiner 
or importer transfers RBOB; or
    (iii) Compliance calculations described in Sec. 80.69(a)(8) based on 
an assumed addition of oxygenate;
    (5) In the case of any refinery or importer subject to the simple 
model standards, the calculations used to determine the 1990 baseline 
levels of sulfur, T-90, and olefins, and the calculations used to 
determine compliance with the standards for these parameters;
    (6) In the case of any refinery or importer subject to the complex 
model standards before January 1, 1998, the calculations used to 
determine the baseline levels of VOC, toxics, and NOx 
emissions performance; and

[[Page 659]]

    (7) In the case of any gasoline classified as previously certified 
gasoline under the terms of Sec. 80.65(i):
    (i) Results of the tests to determine the properties and volume of 
the previously certified gasoline when received at the refinery; and
    (ii) Records that reflect the storage and movement of the previously 
certified gasoline within the refinery to the point the previously 
certified gasoline is used to produce reformulated gasoline or RBOB.
    (c) Refiners, importers and oxygenate blenders of averaged gasoline. 
In addition to other requirements of this section, any refiner, 
importer, and oxygenate blender who produces or imports any reformulated 
gasoline for which compliance with one or more applicable standard is 
determined on average shall maintain records containing the following 
information:
    (1) The calculations used to determine compliance with the relevant 
standards on average, for each averaging period and for each quantity of 
gasoline for which standards must be separately achieved; and
    (2) For any credits bought, sold, traded or transferred pursuant to 
Sec. 80.67(h), the dates of the transactions, the names and EPA 
registration numbers of the parties involved, and the number(s) and 
type(s) of credits transferred.
    (d) Oxygenate blenders. In addition to other requirements of this 
section, any oxygenate blender who blends any oxygenate with any RBOB 
shall, for each occasion such terminal storage tank blending occurs, 
maintain records containing the following information:
    (i) The date, time, location, and identification of the blending 
tank or truck in which the blending occurred;
    (ii) The volume and oxygenate requirements of the RBOB to which 
oxygenate was added; and
    (iii) The volume, type, and purity of the oxygenate which was added, 
and documents which show the source(s) of the oxygenate used.
    (e) Distributors who dispense RBOB into trucks. In addition to other 
requirements of this section, any distributor who dispenses any RBOB 
into a truck used for delivering gasoline to retail outlets shall, for 
each occasion RBOB is dispensed into such a truck, obtain records 
identifying:
    (1) The name and EPA registration number of the oxygenate blender 
that received the RBOB; and
    (2) The volume and oxygenate requirements of the RBOB dispensed.
    (f) Conventional gasoline requirement. In addition to other 
requirements of this section, any refiner and importer shall, for all 
conventional gasoline produced or imported, maintain records showing the 
blending of the marker required under Sec. 80.82 into conventional 
gasoline, and the results of the tests showing the concentration of this 
marker subsequent to its addition.
    (g) Retailers before January 1, 1998. Prior to January 1, 1998 any 
retailer that sells or offers for sale any reformulated gasoline shall 
maintain at each retail outlet the product transfer documentation for 
the most recent three deliveries to the retail outlet of each grade of 
reformulated gasoline sold or offered for sale at the retail outlet, and 
shall make such documentation available to any person conducting any 
gasoline compliance survey pursuant to Sec. 80.68.

[59 FR 7813, Feb. 16, 1994, as amended at 66 FR 67106, Dec. 28, 2001]