[Code of Federal Regulations]
[Title 40, Volume 16]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR80.74]

[Page 718-720]
 
                   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
    (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):

[[Page 719]]

    (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.
    (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;
    (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

[[Page 720]]

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; 71 FR 31961, June 2, 
2006]