[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: 40CFR80.80]

[Page 669-670]
 
                   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. 80.80  Penalties.

    (a) Any person that violates any requirement or prohibition of 
subpart D, E, or F of this part shall be liable to the United States for 
a civil penalty of not more than the sum of $25,000 for every day of 
each such violation and the amount of economic benefit or savings 
resulting from each such violation.
    (b) Any violation of a standard for average compliance during any 
averaging period, or for per-gallon compliance for any batch of 
gasoline, shall constitute a separate violation for each and every 
standard that is violated.
    (c) Any violation of any standard based upon a multi-day averaging 
period shall constitute a separate day of violation for each and every 
day in the averaging period. Any violation of any credit creation or 
credit transfer requirement shall constitute a separate day of violation 
for each and every day in the averaging period.
    (d)(1)(i) Any violation of any per- gallon standard or of any per-
gallon minimum or per-gallon maximum, other than the standards specified 
in paragraph (e) of this section, shall constitute a separate day of 
violation for each and every day such gasoline giving rise to such 
violations remains any place in the gasoline distribution system, 
beginning on the day that the gasoline that violates such per-gallon 
standard is produced or imported and distributed and/or offered for 
sale, and ending on the last day that any such gasoline is offered for 
sale or is dispensed to any ultimate consumer for use in any motor 
vehicle; unless
    (ii) The violation is corrected by altering the properties and 
characteristics of the gasoline giving rise to the violations and any 
mixture of gasolines that contains any of the gasoline giving rise to 
the violations such that the said gasoline or mixture of gasolines has 
the properties and characteristics that would have existed if the 
gasoline giving rise to the violations had been produced or imported in 
compliance with all per-gallon standards.
    (2) For the purposes of this paragraph (d), the length of time the 
gasoline in question remained in the gasoline distribution system shall 
be deemed to be twenty-five days; unless the respective party or EPA 
demonstrates by reasonably specific showings, by direct or 
circumstantial evidence, that the gasoline giving rise to the violations 
remained any place in the gasoline distribution system for fewer than or 
more than twenty-five days.
    (e)(1) Any reformulated gasoline that is produced or imported and 
offered for sale and for which the requirements to determine the 
properties and characteristics under Sec. 80.65(f) is not met, or any 
conventional gasoline for which the refiner or importer does not sample 
and test to determine the relevant properties, shall be deemed:
    (i)(A) Except as provided in paragraph (e)(1)(i)(B) of this section 
to have the following properties:

Sulfur content--970 ppm
Benzene content--5 vol %
RVP (summer)--11 psi
50% distillation--250  deg.F
90% distillation--375  deg.F
Oxygen content--0 wt %
Aromatics content--50 vol %
Olefins content--26 vol %

    (B) To have the following properties in paragraph (e)(1)(i)(A) of 
this section unless the respective party or EPA demonstrates by 
reasonably specific showings, by direct or circumstantial evidence, 
different properties for the gasoline giving rise to the violations; and
    (ii) In the case of reformulated gasoline, to have been designated 
as meeting all applicable standards on a per-gallon basis.
    (2) For the purposes of paragraph (e)(1) of this section, any 
refiner or importer that fails to meet the independent analysis 
requirements of Sec. 80.65(f) may not use the results of sampling and 
testing that is carried out by that refiner or importer as direct or 
circumstantial evidence of the properties of the gasoline giving rise to 
the violations, unless this failure was not caused by the refiner or 
importer.
    (f) Any violation of any affirmative requirement or prohibition not 
included in paragraph (c) or (d) of this section shall constitute a 
separate day of violation for each and every day such affirmative 
requirement is not properly accomplished, and/or for each and every day 
the prohibited activity continues. For those violations that

[[Page 670]]

may be ongoing under subparts D, E, and F of this part, each and every 
day the prohibited activity continues shall constitute a separate day of 
violation.