Title 40
SECTION 80.80
80.80 Penalties.
§ 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 or blender grade pentane, 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) 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 or blender grade pentane giving rise to such violations remains any place in the gasoline or blender grade pentane distribution system, beginning on the day that the gasoline or blender grade pentane 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 or blender grade pentane is offered for sale or is dispensed to any ultimate consumer for use in any motor vehicle; unless the violation is corrected by altering the properties and characteristics of the gasoline or blender grade pentane giving rise to the violations and any mixture of gasolines or blender grade pentane that contains any of the gasoline or blender grade pentane giving rise to the violations such that said gasoline or mixture of gasolines or said blender grade pentane or mixture of blender grade pentanes has the properties and characteristics that would have existed if the gasoline or blender grade pentane 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 or blender grade pentane in question remained in the gasoline or blender grade pentane 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 or blender grade pentane giving rise to the violations remained any place in the gasoline or blender grade pentane 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 § 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 °F 90% distillation - 375 °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 § 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 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.
[59 FR 7813, Feb. 16, 1994, as amended at 79 FR 23643, Apr. 28, 2014]