Code of Federal Regulations Title 40. Protection of Environment § 40.80.385 What acts are prohibited under the gasoline sulfur program?

(a) Averaging violation. Produce or import gasoline that does not comply with the applicable sulfur average standard under § 80.195, § 80.216 or § 80.240.

(b) Cap standard violation. Produce, import, sell, offer for sale, dispense, supply, offer for supply, store or transport gasoline that does not comply with the applicable sulfur cap standard under § 80.195, § 80.216, § 80.210, § 80.220, § 80.240, or does not comply with an adjusted cap standard approved for a small refiner under § 80.271.

(c) Causing an averaging, cap standard, or geographic phase-in area (GPA) use violation. Cause another person to commit an act in violation of paragraph (a), (b), or (f) of this section.

(d) Causing violating gasoline to be in the distribution system. Cause gasoline to be in the distribution system which does not comply with an applicable sulfur cap standard under § 80.195, § 80.210, § 80.216, § 80.220 or § 80.240;  a sulfur average standard under § 80.195, § 80.216 or § 80.240;  or a GPA use prohibition under § 80.219(c).

(e) Denatured fuel ethanol violation.

(f) GPA use violation. Produce, import, sell, offer for sale, dispense, supply, offer for supply, store or transport gasoline that does not comply with a GPA use prohibition under § 80.219(c).

(g) Failure to use sufficient sulfur credits or allotments to offset a per-gallon cap adjustment. For a small refiner that has an approved adjustment of its per-gallon cap sulfur standard for a refinery under § 80.271, to fail to obtain (or generate) and use the required number of sulfur credits or allotments to offset the revised per-gallon cap sulfur standard under § 80.217(d).