(a) Product transfer documentation for conventional blendstock for oxygenate blending, or gasoline transferred upstream of an ethanol blending facility. (1) In addition to any other product transfer document requirements under 40 CFR part 80, on each occasion after October 31, 2011, when any person transfers custody or title to any conventional blendstock for oxygenate blending which could become conventional gasoline solely upon the addition of ethanol, or gasoline upstream of an oxygenate blending facility, as defined in Sec. 80.2(ll), the transferor shall provide to the transferee product transfer documents which include the following information:
(1) In addition to any other product transfer document requirements under 40 CFR part 80, on each occasion after October 31, 2011, when any person transfers custody or title to any conventional blendstock for oxygenate blending which could become conventional gasoline solely upon the addition of ethanol, or gasoline upstream of an oxygenate blending facility, as defined in Sec. 80.2(ll), the transferor shall provide to the transferee product transfer documents which include the following information:
(i) The name and address of the transferor;
(ii) The name and address of the transferee;
(iii) The volume of conventional blendstock for oxygenate blending or gasoline being transferred;
(iv) The location of the conventional blendstock for oxygenate blending or gasoline at the time of the transfer;
(v) The date of the transfer;
(vi) For gasoline during the regulatory control periods defined in Sec. 80.27(a)(2)(ii) or any SIP approved or promulgated under Sec. Sec. 110 or 172 of the Clean Air Act:
(A) The maximum RVP, as determined by a method permitted under Sec. 80.46(c), stated in the following format: ``The RVP of this gasoline does not exceed [fill in appropriate value]''; and
(B) For gasoline designed for the special provisions for gasoline-ethanol blends in Sec. 80.27(d)(2), information about the ethanol content and RVP in paragraphs (a)(1) through (a)(3) of this section, with insertions as indicated:
(1) ``Suitable for the special RVP provisions for ethanol blends that contain between 9 and 10 vol % ethanol.''.
(2) ``The RVP of this blendstock/gasoline for oxygenate blending does not exceed [Fill in appropriate value] psi.''.
(3) ``The use of this blendstock/gasoline to manufacture a gasoline-ethanol blend containing anything other than between 9 and 10 volume percent ethanol may cause a summertime RVP violation.''.
(C) For gasoline not described in paragraph (a)(1)(vi)(B) of this section, information regarding the suitable ethanol content, stated in the following format: ``Suitable for blending with ethanol at a concentration of no more than 15 vol % ethanol.''.
(2) The requirements in paragraph (a)(1) of this section do not apply to reformulated gasoline blendstock for oxygenate blending, as defined in Sec. 80.2(kk), which is subject to the product transfer document requirements of Sec. Sec. 80.69 and 80.77.
(3) Except for transfers to truck carriers, retailers, or wholesale purchaser-consumers, product codes may be used to convey the information required under paragraph (a)(1) of this section if such codes are clearly understood by each transferee.
(b) Product transfer documentation for gasoline transferred downstream of an oxygenate blending facility. (1) In addition to any other product transfer document requirements under 40 CFR part 80, on each occasion after October 31, 2011, when any person transfers custody or title to any gasoline-ethanol blend downstream of an oxygenate blending facility, as defined in Sec. 80.2(ll), except for transfers to the ultimate consumer, the transferor shall provide to the transferee product transfer documents which include the following information:
(1) In addition to any other product transfer document requirements under 40 CFR part 80, on each occasion after October 31, 2011, when any person transfers custody or title to any gasoline-ethanol blend downstream of an oxygenate blending facility, as defined in Sec. 80.2(ll), except for transfers to the ultimate consumer, the transferor shall provide to the transferee product transfer documents which include the following information:
(i) The name and address of the transferor;
(ii) The name and address of the transferee;
(iii) The volume of gasoline being transferred;
(iv) The location of the gasoline at the time of the transfer;
(v) The date of the transfer; and
(vi) One of the statements detailed in paragraph (b)(1)(vi)(A) though (E) which accurately describes the gasoline-ethanol blend. The information regarding the ethanol content of the fuel is required year-round. The information regarding the RVP of the fuel is only required for gasoline during the regulatory control periods.
(A) For gasoline containing no ethanol (E0), the following statement; ``E0: Contains no ethanol. The RVP does not exceed [fill in appropriate value] psi.''
(B) For gasoline containing less than 9 volume percent ethanol, the following statement: ``EX--Contains up to X% ethanol. The RVP does not exceed [fill in appropriate value] psi.'' The term X refers to the maximum volume percent ethanol present in the gasoline.
(C) For gasoline containing between 9 and 10 volume percent ethanol (E10), the following statement: ``E10: Contains between 9 and 10 vol % ethanol. The RVP does not exceed [fill in appropriate value] psi. The 1 psi RVP waiver applies to this gasoline. Do not mix with gasoline containing anything other than between 9 and 10 vol % ethanol.''.
(D) For gasoline containing greater than 10 volume percent and not more than 15 volume percent ethanol (E15), the following statement: ``E15: Contains up to 15 vol % ethanol. The RVP does not exceed [fill in appropriate value] psi.''.
(E) For all other gasoline that contains ethanol, the following statement: ``EXX--Contains no more than XX% ethanol,'' where XX equals the volume % ethanol.
(2) Except for transfers to truck carriers, retailers, or wholesale purchaser-consumers, product codes may be used to convey the information required under paragraph (b)(1) of this section if such codes are clearly understood by each transferee.
(c) The records required by this section must be kept by the transferor and transferee for five (5) years from the date they were created or received by each party in the distribution system.
(d) On request by EPA, the records required by this section must be made available to the Administrator or the Administrator's authorized representative. For records that are electronically generated or maintained, the equipment or software necessary to read the records shall be made available, or, if requested by EPA, electronic records shall be converted to paper documents. [76 FR 44443, July 25, 2011, as amended at 79 FR 42167, July 18, 2014]