[Code of Federal Regulations]
[Title 40, Volume 16]
[Revised as of July 1, 2006]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR80.74]
[Page 693-695]
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) [Reserved]
(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
[[Page 694]]
(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
(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;
(8) In the case of butane blended into reformulated gasoline or RBOB
under Sec. 80.82, documentation of:
(i) The volume of butane added;
(ii) The volume of reformulated gasoline or RBOB both prior to and
subsequent to the butane blending;
(iii) The purity and properties of the butane specified in Sec.
80.82(c) and (d), as appropriate;
(iv) Compliance with the requirements of Sec. 80.82; and
(9) In the case of any imported GTAB, documents that reflect the
storage and physical movement of the GTAB from the point of importation
to the point of blending to produce reformulated gasoline.
(c) Refiners and importers of averaged gasoline. In addition to
other requirements of this section, any refiner or importer who produces
or imports any reformulated gasoline for which compliance with one or
more applicable standard is determined on an 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 of credits
transferred.
(d) Oxygenate blenders. Any oxygenate blender who blends any
oxygenate with any RBOB shall, for each occasion such blending occurs,
maintain records containing the following:
(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) [Reserved]
(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; 71
FR 74569, Dec. 15, 2005; 71 FR 26700, May 8, 2006]
[[Page 695]]
Effective Date Note: At 71 FR 31961, June 2, 2006, Sec. 80.74 was
amended by adding paragraph (b)(10), effective Aug. 1, 2006. For the
convenience of the user, the added text is set forth as follows:
Sec. 80.74 Recordkeeping requirements.
* * * * *
(b)* * *
(10) In the case of any interface or transmix used to produce
reformulated gasoline or RBOB under Sec. 80.84, records that reflect
the results of any sampling and testing of RFG or RBOB required under
Sec. 80.84.
(i) Pipelines must keep records showing that interface was
designated in the proper manner, according to the designations listed in
Sec. 80.84(b)(1);
(ii) Transmix processors and transmix blenders must keep records
showing that their transmix meets the definition in Sec. 80.84(a)(2),
or contains gasoline and distillate fuel only from the sources listed in
Sec. 80.84(e);
(iii) Transmix processors must keep records showing the volumes of
reformulated gasoline or RBOB recovered from transmix and the type and
amount of any blendstock added, if applicable; and
(iv) Transmix blenders must keep records showing compliance with the
quality assurance program and/or sampling and testing requirements in
Sec. 80.84(d)(2) or (d)(3), and for each batch of reformulated gasoline
or RBOB with which transmix is blended, the volume of the batch, and the
volume of transmix blended into the batch;
* * * * *