40 CFR § 1090.640 - Exemptions for E85.

---
identifier: "/us/cfr/t40/s1090.640"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 1090.640 - Exemptions for E85."
title_number: 40
title_name: "Protection of Environment"
section_number: "1090.640"
section_name: "Exemptions for E85."
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "U"
subchapter_name: "AIR POLLUTION CONTROLS"
part_number: "1090"
part_name: "REGULATION OF FUELS, FUEL ADDITIVES, AND REGULATED BLENDSTOCKS"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7414, 7521, 7522-7525, 7541, 7542, 7543, 7545, 7547, 7550, and 7601."
regulatory_source: "85 FR 78469, Dec. 4, 2020, unless otherwise noted."
cfr_part: "1090"
---


# 1090.640 Exemptions for E85.

(a) Gasoline that is used to produce E85 is exempt from the gasoline deposit control requirements in § 1090.260.

(b) Any person who uses the exemption in paragraph (a) of this section must keep records to demonstrate that such exempt gasoline was used to produce E85 and was not distributed from a terminal for use as gasoline.

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4349, Jan. 15, 2025]