40 CFR §1090.925
Verified against eCFR.gov as of June 20, 2026View official text on eCFR.gov ↗
- (a)General procedures. An independent surveyor must meet the following requirements:
- (1)Electronically submit any plans, notifications, or reports required under this part using forms and procedures specified by EPA.
- (2)For each report required under this section, affirm that the survey was conducted in accordance with an EPA-approved survey plan and that the survey results are accurate.
- (3)Include EPA-issued company identifiers on each report required under this section.
- (4)Submit quarterly reports required under paragraphs (b) and (d) of this section by the following deadlines:
- (b)NFSP quarterly reporting. An independent surveyor conducting the NFSP under § 1090.1405 must submit the following information quarterly, as applicable:
- (1)For each retail outlet sampled by the independent surveyor:
- (2)For each gasoline sample collected by the independent surveyor:
- (i)A description of the labeling of the fuel dispenser(s) (e.g., “E0”, “E10”, “E15”, etc.) from which the independent surveyor collected the sample.
- (ii)The date and time the independent surveyor collected the sample.
- (iii)The test results for the sample, and the test methods used, as determined by the independent surveyor, including the following parameters:
- (A)The oxygen content, in weight percent.
- (B)The type and amount of each oxygenate, by weight and volume percent.
- (C)The sulfur content, in ppm.
- (D)The benzene content, in volume percent.
- (E)The specific gravity.
- (F)The RVP in psi, if tested.
- (G)The aromatic content in volume percent, if tested.
- (H)The olefin content in volume percent, if tested.
- (I)The distillation parameters, if tested.
- (3)For each diesel fuel sample collected at a retail outlet by the independent surveyor:
- (i)A description of the labeling of the fuel dispenser(s) (e.g., “ULSD”) from which the independent surveyor collected the sample.
- (ii)The date and time the independent surveyor collected the sample.
- (iii)The tested sulfur content of the sample, and the test method used, as determined by the independent surveyor, in ppm.
- (4)Any other information as EPA may require in order to administer reporting systems.
- (c)NFSP annual reporting. An independent surveyor conducting the NFSP under § 1090.1405 must submit the following information annually by March 31.
- (1)An identification of the parties that participated in the survey during the compliance period.
- (2)An identification of each geographic area included in a survey.
- (3)Summary statistics for each identified geographic area, including the following:
- (i)The number of samples collected and tested.
- (ii)The mean, median, and range expressed in appropriate units for each measured fuel parameter.
- (iii)The standard deviation for each measured fuel parameter.
- (iv)The estimated compliance rate for each measured fuel parameter subject to a per-gallon standard in subpart C or D of this part.
- (v)A summary of potential noncompliance issues.
- (4)Any other information as EPA may require in order to administer reporting systems.
- (d)NSTOP quarterly reporting. An independent surveyor conducting the NSTOP under § 1090.1450 must submit the following information quarterly, as applicable:
- (1)For each gasoline manufacturing facility sampled by the independent surveyor:
- (2)For each gasoline sample collected by the independent surveyor:
- (i)The designation of the gasoline.
- (ii)The date and time the independent surveyor collected the sample.
- (iii)The batch number or the sample identification number as assigned by the independent surveyor in a consistent manner and as specified in the survey plan.
- (iv)A description of any instance in which the gasoline manufacturer did not follow the applicable sampling procedures.
- (v)The test results for the sample, and the test methods used, as determined by the independent surveyor, including the following parameters:
- (vi)The test results for the sample, and the test methods used, as determined by the gasoline manufacturer, including the following parameters:
- (vii)If available, the test results for the sample, and the test methods used, as determined by EPA's National Vehicle and Fuel Emissions Laboratory, including the following parameters:
- (viii)The determined site precision under § 1090.1450(c)(10)(i) and the test performance index under § 1090.1450(c)(10)(ii) for each method and instrument that the gasoline manufacturer used to test the sample.
- (ix)The reproducibility of each method that the gasoline manufacturer used to test the sample.
- (x)Any applicable correlation equations used to compare the gasoline manufacturer's test results to the independent surveyor's test results.
- (3)Any other information as EPA may require in order to administer reporting systems.