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Code of Federal Regulations Title 40. Protection of Environment § 40.1090.1405 National fuels survey program

Current as of October 02, 2022 | Updated by FindLaw Staff

(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 this 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 gasoline and diesel retail outlets in the United States as specified in § 1090.1415.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.1090.1405 National fuels survey program - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-1090-1405/

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