Title 40

SECTION 80.87

80.87 Controls and prohibitions for producers, importers, and distributors of pentane for use by pentane blenders.

§ 80.87 Controls and prohibitions for producers, importers, and distributors of pentane for use by pentane blenders.

(a) Prohibited acts. No person shall -

(1) Produce, import, sell, distribute, offer for sale or distribution, blend, supply, offer for supply, store, transport, or cause the transportation of any product designated as pentane for use by pentane blenders unless -

(i) Each gallon of such pentane for use by pentane blenders meets the applicable standards specified in § 80.86; and

(ii) The product transfer documentation for such pentane for use by pentane blenders complies with the requirements in §§ 80.77 and 80.86(c).

(2) Produce or import pentane for use by pentane blenders unless the producer or importer complies with the recordkeeping requirements of § 80.74, the reporting requirements of § 80.75, and the requirements of § 80.86.

(3) Fail to meet any other requirements of § 80.86.

(4) Cause another person to commit an act in violation of this paragraph (a).

(b) Persons liable. The following persons are liable for violations of prohibited acts in paragraph (a) of this section:

(1) Any person who manufactures, imports, sells, distributes, offers for sale or distribution, blends, supplies, offers for supply, stores, transports, or causes the transportation of any product designated as pentane for use by pentane blenders that violates § 80.86 is liable for the violation.

(2) Any person that causes another party to violate paragraph (a) of this section is liable for a violation of this paragraph (b).

(3) Any parent corporation is liable for any violations of this section that are committed by any of its wholly-owned subsidiaries.

(4) Each partner to a joint venture, or each owner of a facility owned by two or more owners, is jointly and severally liable for any violation of this subpart that occurs at the joint venture facility or a facility that is owned by the joint owners, or a facility that is committed by the joint venture operation or any of the joint owners of the facility.

(d) Determination of compliance. EPA may establish noncompliance with standards using any information, including the results of testing using methods that are not included in § 80.46.

(e) Dates controls and prohibitions begin. The controls and prohibitions specified in paragraph (a) of this section apply at any location on or after June 27, 2014.

(f) Penalties. (1) Any person liable for a violation under this section is subject to civil penalties as specified in sections 205 and 211(d) of the Clean Air Act (42 U.S.C. 7524 and 7545(d)) for every day of each such violation and the amount of economic benefit or savings resulting from each violation.

(2) Any person liable under this section for a violation of an applicable standards or causing another person to violate the requirements is subject to a separate day of violation for each and every day the non-complying pentane or gasoline remains any place in the pentane or gasoline distribution system.

(3) For purposes of paragraph (c) of this section, the length of time the pentane or gasoline in question remained in the pentane or gasoline distribution system is deemed to be twenty-five days, unless a person subject to liability or EPA demonstrates by reasonably specific showings, by direct or circumstantial evidence, that the non-complying pentane or gasoline remained in the distribution system for fewer than or more than twenty-five days.

(g) Any person liable under this section for failure to meet, or causing a failure to meet, a provision of this subpart is liable for a separate day of violation for each and every day such provision remains unfulfilled.

[79 FR 23646, Apr. 28, 2014]