Title 40
SECTION 80.74
80.74 Recordkeeping requirements.
§ 80.74 Recordkeeping requirements.All parties in the gasoline distribution network and the distribution network for pentane for use by pentane blenders under § 80.86, 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, gasoline importer, oxygenate blender, producer of pentane for use by pentane blenders, importer of pentane for use by pentane blenders, carrier, distributor, reseller, retailer, or wholesale-purchaser-consumer who sells, offers for sale, dispenses, supplies, offers for supply, stores, blends, transports, or causes the transportation of any reformulated gasoline, RBOB, or pentane for use by pentane blenders shall maintain records containing the following information:
(1) The product transfer documentation for all reformulated gasoline, RBOB, or pentane for use by pentane blenders 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.
(3) For producers and importers of pentane for use by pentane blenders, in addition to the records specified in paragraph (a)(1) of this section, records demonstrating that each batch of such pentane is compliant with the standards in § 80.86.
(4) For pentane blenders, in addition to the records specified in paragraph (a)(1) of this section, records demonstrating compliance quality assurance program requirements in § 80.85.
(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 § 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 § 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 § 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 or pentane blended into reformulated gasoline or RBOB under § 80.82 or § 80.85, documentation of all the following:
(i) The volume of butane added.
(ii) The volume of the pentane added.
(iii) The volume of reformulated gasoline or RBOB both prior to and subsequent to the butane or pentane blending.
(iv) The purity and properties of the butane specified in § 80.82(c) and (d), as appropriate.
(v) The purity and properties of the pentane specified in § 80.85(c) and (d), as appropriate.
(vi) Compliance with the requirements of §§ 80.82 and 80.85; 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 § 80.84, records that reflect the results of any sampling and testing of RFG or RBOB required under § 80.84.
(i) Pipelines must keep records showing that interface was designated in the proper manner, according to the designations listed in § 80.84(b)(1);
(ii) Transmix processors and transmix blenders must keep records showing that their transmix meets the definition in § 80.84(a)(2), or contains gasoline and distillate fuel only from the sources listed in § 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 § 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 § 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 § 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; 79 FR 23641, Apr. 28, 2014]