[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: 40CFR80.79]

[Page 667-668]
 
                   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. 80.79  Liability for violations of the prohibited activities.

    (a) Persons liable. Where the gasoline contained in any storage tank 
at any facility owned, leased, operated, controlled or supervised by any 
refiner, importer, oxygenate blender, carrier, distributor, reseller, 
retailer, or wholesale purchaser-consumer is found in violation of the 
prohibitions described in Sec. 80.78(a), the following persons shall be 
deemed in violation:
    (1) Each refiner, importer, oxygenate blender, carrier, distributor, 
reseller, retailer, or wholesale purchaser-consumer who owns, leases, 
operates, controls or supervises the facility where the violation is 
found;
    (2) Each refiner or importer whose corporate, trade, or brand name, 
or whose marketing subsidiary's corporate, trade, or brand name, appears 
at the facility where the violation is found;
    (3) Each refiner, importer, oxygenate blender, distributor, and 
reseller who manufactured, imported, sold, offered for sale, dispensed, 
supplied, offered for supply, stored, transported, or caused the 
transportation of any gasoline which is in the storage tank containing 
gasoline found to be in violation; and

[[Page 668]]

    (4) Each carrier who dispensed, supplied, stored, or transported any 
gasoline which is in the storage tank containing gasoline found to be in 
violation, provided that EPA demonstrates, by reasonably specific 
showings by direct or circumstantial evidence, that the carrier caused 
the violation.
    (b) Defenses for prohibited activities. (1) In any case in which a 
refiner, importer, oxygenate blender, carrier, distributor, reseller, 
retailer, or wholesale purchaser-consumer would be in violation under 
paragraph (a) of this section, it shall be deemed not in violation if it 
can demonstrate:
    (i) That the violation was not caused by the regulated party or its 
employee or agent;
    (ii) That product transfer documents account for all of the gasoline 
in the storage tank found in violation and indicate that the gasoline 
met relevant requirements; and
    (iii)(A) That it has conducted a quality assurance sampling and 
testing program, as described in paragraph (c) of this section; except 
that
    (B) A carrier may rely on the quality assurance program carried out 
by another party, including the party that owns the gasoline in 
question, provided that the quality assurance program is carried out 
properly.
    (2)(i) Where a violation is found at a facility which is operating 
under the corporate, trade or brand name of a refiner, that refiner must 
show, in addition to the defense elements required by paragraph (b)(1) 
of this section, that the violation was caused by:
    (A) An act in violation of law (other than the Act or this part), or 
an act of sabotage or vandalism;
    (B) The action of any reseller, distributor, oxygenate blender, 
carrier, or a retailer or wholesale purchaser- consumer supplied by any 
of these persons, in violation of a contractual undertaking imposed by 
the refiner designed to prevent such action, and despite periodic 
sampling and testing by the refiner to ensure compliance with such 
contractual obligation; or
    (C) The action of any carrier or other distributor not subject to a 
contract with the refiner but engaged by the refiner for transportation 
of gasoline, despite specification or inspection of procedures and 
equipment by the refiner which are reasonably calculated to prevent such 
action.
    (ii) In this paragraph (b), to show that the violation ``was 
caused'' by any of the specified actions the party must demonstrate by 
reasonably specific showings, by direct or circumstantial evidence, that 
the violation was caused or must have been caused by another.
    (c) Quality assurance program. In order to demonstrate an acceptable 
quality assurance program for reformulated gasoline at all points in the 
gasoline distribution network, other than at retail outlets and 
wholesale purchaser-consumer facilities, a party must present evidence 
of the following.
    (1) Of a periodic sampling and testing program to determine if the 
applicable maximum and/or minimum standards for oxygen, benzene, RVP, or 
VOC emission performance are met.
    (2) That on each occasion when gasoline is found in noncompliance 
with one of the requirements referred to in paragraph (c)(1) of this 
section:
    (i) The party immediately ceases selling, offering for sale, 
dispensing, supplying, offering for supply, storing, transporting, or 
causing the transportation of the violating product; and
    (ii) The party promptly remedies the violation (such as by removing 
the violating product or adding more complying product until the 
applicable standards are achieved).
    (3) An oversight program conducted by a carrier under paragraph 
(c)(1) of this section need not include periodic sampling and testing of 
gasoline in a tank truck operated by a common carrier, but in lieu of 
such tank truck sampling and testing the common carrier shall 
demonstrate evidence of an oversight program for monitoring compliance 
with the requirements of Sec. 80.78 relating to the transport or storage 
of gasoline by tank truck, such as appropriate guidance to drivers on 
compliance with applicable requirements and the periodic review of 
records normally received in the ordinary course of business concerning 
gasoline quality and delivery.

[38 FR 1255, Jan. 10, 1973, as amended at 62 FR 68207, Dec. 31, 1997]

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