40 CFR 1090.1405
§ 1090.1405 National fuels survey program.
United States · 40 CFR — Protection of Environment · Status: effective
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- Citation
- 40 CFR 1090.1405, § 1090.1405 National fuels survey program, United States, version 1 as recorded 2026-07-09, yourstate.us, https://yourstate.us/provision/196196
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Full text
(a) Program participation.
(1) A gasoline manufacturer that elects to account for oxygenate added downstream under § 1090.710 must participate in the national fuels survey program (NFSP) specified in paragraph (b) of this section.
(2) A party required to participate in an E15 survey under § 1090.1420(a) must participate in the NFSP specified in paragraph (b) of this section or a survey program approved by EPA under § 1090.1420(b) or (c).
(3) Other parties may elect to participate in the NFSP for purposes of establishing an affirmative defense against violations of requirements and provisions under this part as specified in § 1090.1720.
(b) Program requirements. The NFSP must meet all the following requirements:
(1) The survey program must be planned and conducted by an independent surveyor that meets the independence requirements in § 1090.55 and the requirements specified in § 1090.1410.
(2) The survey program must be conducted by collecting samples representative of retail outlets in the United States as specified in § 1090.1415.
Legislative history
This is a federal regulation, adopted through agency rulemaking under the Administrative Procedure Act — not enacted by a recorded vote of Congress.