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Code of Federal Regulations Title 40. Protection of Environment § 40.80.1631 Gasoline, RBOB, and CBOB sample retention requirements

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) Sample retention requirements. Beginning January 1, 2017, or January 1 of the first year credits are generated under § 80.1615, whichever is earlier, any refiner or importer shall do all the following:

(1) Collect a representative portion of each sample analyzed under § 80.1630, of at least 330 milliliters in volume.

(2) Retain sample portions for the most recent 20 samples collected, or for each sample collected during the most recent 21 day period, whichever is greater, not to exceed 90 days for any given sample.

(3) Comply with the gasoline sample handling and storage procedures under § 80.1630 for each sample portion retained.

(4) Comply with any request by EPA to—

(i) Provide a retained sample portion to the Administrator's authorized representative;  and

(ii) Ship a retained sample portion to EPA, within two working days of the date of the request, by an overnight shipping service or comparable means, to the address and following procedures specified by EPA, and accompanied with the sulfur test result for the sample determined under § 80.1630.

(b) Sample retention requirement for samples subject to independent analysis requirements.

(1) Any refiner or importer who meets the independent analysis requirements under § 80.65(f) for any batch of reformulated gasoline or RBOB will have met the requirements of paragraph (a) of this section, provided the independent laboratory meets the requirements of paragraph (a) of this section for the gasoline batch;  except that the retained RBOB sample for purposes of this subpart O must be a sample of the RBOB prior to hand blending with oxygenate.

(2) For samples retained by an independent laboratory under this paragraph (b), the test results required to be submitted under paragraph (a) of this section shall be the test results determined under § 80.65(e).

(c) Sampling compliance certification. Any refiner or importer shall include with each annual report filed under § 80.1652, the following statement, which must accurately reflect the facts and must be signed and dated by the same person who signs the annual report:

I certify that I have made inquiries that are sufficient to give me knowledge of the procedures to collect and store gasoline samples, and I further certify that the procedures meet the requirements of the ASTM procedures required under 40 CFR 80.1630.

(d) Requirements for refiners who analyze composited samples. Prior to January 1, 2017, for purposes of complying with the requirements of this section, refiners who analyze composited samples under § 80.1630 must retain portions of the composited samples. Portions of samples of each batch comprising the composited samples are not required to be retained.

(e) Requirements for RBOB. For purposes of complying with the requirements of this section for RBOB, a sample of each RBOB batch produced must be retained.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 40. Protection of Environment § 40.80.1631 Gasoline, RBOB, and CBOB sample retention requirements - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-40-protection-of-environment/cfr-sect-40-80-1631/

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