Code of Federal Regulations Title 40. Protection of Environment § 40.80.1665 Penalties

(c)(1) Any person liable under § 80.1662(a)(3) through (10) for a violation of an applicable sulfur per gallon cap standard under this subpart O or of causing another party to violate a cap standard, is subject to a separate day of violation for each and every day the non-complying gasoline remains any place in the gasoline distribution system.

(2) Any person liable under § 80.1662(a)(6) for causing gasoline, oxygenate, or ethanol denaturant to be in the distribution system which does not comply with an applicable sulfur cap standard, or a sulfur averaging standard, is subject to a separate day of violation for each and every day that the non-complying gasoline, oxygenate, or ethanol denaturant remains any place in the gasoline, oxygenate, or ethanol denaturant distribution system.

(3) For purposes of this paragraph (c), the length of time the gasoline, oxygenate, or ethanol denaturant in question remained in the gasoline, oxygenate, or ethanol denaturant 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 gasoline, oxygenate, or ethanol denaturant remained in the gasoline, oxygenate, or ethanol denaturant distribution system for fewer than or more than twenty-five days.