40 C.F.R. § 1090.1010

Current through October 31, 2024
Section 1090.1010 - Designation requirements for gasoline and regulated blendstocks
(a)Designation requirements for gasoline manufacturers. A gasoline manufacturer must accurately and clearly designate each batch of gasoline as follows:
(1) A gasoline manufacturer must designate each batch of gasoline as one of the following fuel types:
(i) Winter RFG.
(ii) Summer RFG.
(iii) Winter RBOB.
(iv) Summer RBOB.
(v) Winter CG.
(vi) Summer CG.
(vii) Winter CBOB.
(viii) Summer CBOB.
(ix) Exempt gasoline under subpart G of this part (including additional identifying information).
(x) California gasoline.
(2) A gasoline manufacturer must further designate gasoline designated as Summer CG or Summer CBOB as follows:
(i) 7.8 psi Summer CG or Summer CBOB, respectively.
(ii) 9.0 psi Summer CG or Summer CBOB, respectively.
(iii) If the CBOB is excluded from the special regulatory treatment for ethanol under § 1090.215(b)(3)(ii) , Low-RVP Summer CBOB.
(iv) SIP-controlled Summer CG or Summer CBOB, respectively.
(3) A CBOB or RBOB manufacturer must further designate the CBOB or RBOB with the type(s) and amount(s) of oxygenate specified to be blended with the CBOB or RBOB as specified in § 1090.710(a)(5) .
(4) In addition to any other applicable designation in this paragraph (a), gasoline designed for downstream oxygenate blending for which the gasoline manufacturer has not accounted for oxygenate added downstream under § 1090.710 must be designated as "Intended for Oxygenate Blending", along with a designation indicating the type(s) and amount(s) of oxygenate to be blended with the gasoline.
(b)Designation requirements for gasoline distributors and certain gasoline blending manufacturers. A gasoline distributor, certified butane blender, certified pentane blender, or party that recertifies BOB under § 1090.740 must accurately and clearly designate each batch or portion of a batch of gasoline for which they transfer custody to another facility as follows:
(1) A distributor must accurately and clearly classify each batch or portion of a batch of gasoline as specified by the gasoline manufacturer in paragraph (a) of this section.
(2) Except as specified in paragraph (b)(2)(vii) of this section, a distributor, certified butane blender, certified pentane blender, or party that recertifies BOB under § 1090.740 may redesignate a batch or portion of a batch of gasoline without recertifying the batch or portion of a batch as follows:
(i) Winter RFG or Winter RBOB may be redesignated as either Winter CG or Winter CBOB.
(ii) Winter CG or Winter CBOB may be redesignated as either Winter RFG or Winter RBOB.
(iii) Summer RFG, Summer RBOB, Summer CG, or Summer CBOB may be redesignated without recertification to a less stringent RVP designation. For example, a distributor could redesignate without recertification a portion of a batch of Summer RFG to 7.8 psi Summer CG or 9.0 psi Summer CG.
(iv) Summer RFG, Summer RBOB, Summer CG, or Summer CBOB may be redesignated without recertification as either Winter RFG, Winter RBOB, Winter CG, or Winter CBOB.
(v) Summer CG, Summer CBOB, or any winter gasoline may be redesignated to either Summer RFG or Summer RBOB, provided the RVP is determined using the applicable procedures specified in subpart N of this part and the new batch meets the RFG RVP standard specified in § 1090.215(a)(3) .
(vi)
(A) California gasoline may be redesignated as RFG or CG, with appropriate season designation and RVP designation under paragraph (a) of this section, if the requirements specified in § 1090.625(d) are met.
(B) California gasoline that is not redesignated under paragraph (b)(2)(vi)(A) of this section may instead be recertified as gasoline under § 1090.1000(b) .
(vii) CG or RFG must not be redesignated as BOB.
(3) A distributor, certified butane blender, certified pentane blender, or party that recertifies BOB under § 1090.740 that redesignates a batch or portion of a batch of gasoline under paragraph (b)(2) of this section must accurately and clearly designate the batch or portion of the batch of gasoline as specified in paragraph (a) of this section.
(c)Designation requirements for oxygenate producers. An oxygenate producer must accurately and clearly designate each batch of oxygenate intended for blending with gasoline as one of the following oxygenate types:
(1) DFE.
(2) The name of the specific oxygenate (e.g., iso-butanol).
(d)Designation requirements for certified butane and certified pentane. A certified butane or certified pentane producer must accurately and clearly designate each batch of certified butane or certified pentane as one of the following types:
(1) Certified butane.
(2) Certified pentane.
(e)Designation requirements for certified ethanol denaturant. A certified ethanol denaturant producer must accurately and clearly designate batches of certified ethanol denaturant as "certified ethanol denaturant".
(f)Designation requirements for TGP. A transmix processor must accurately and clearly designate any TGP that they transfer to any other person as "TGP".

40 C.F.R. §1090.1010

85 FR 78469, 12/4/2020; 89 FR 14775, 4/29/2024