['Air Programs']
['Air Emissions']
10/12/2023
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(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.
[85 FR 78469, Dec. 4, 2020]
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