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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 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 retail outlets in the United States as specified in § 1090.1415.
[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4364, Jan. 15, 2025]