StacksVerified U.S. regulatory reference

40 CFR §1090.1405

Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
  1. (a)Program participation.
    1. (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 paragraph (b) of this section.
    2. (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. (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.
  2. (b)Program requirements. The NFSP must meet all the following requirements:
    1. (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. (2)The survey program must be conducted by collecting samples representative of retail outlets in the United States as specified in § 1090.1415.