40 CFR § 1090.935 - Reports by diesel fuel manufacturers.

---
identifier: "/us/cfr/t40/s1090.935"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 1090.935 - Reports by diesel fuel manufacturers."
title_number: 40
title_name: "Protection of Environment"
section_number: "1090.935"
section_name: "Reports by diesel fuel manufacturers."
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"
---


# 1090.935 Reports by diesel fuel manufacturers.

(a) *Batch reporting.* (1) For each compliance period, a diesel fuel manufacturer that produces ULSD must submit the following information:

(i) The EPA-issued company and facility identifiers for the diesel fuel manufacturer.

(ii) The highest sulfur content observed for a batch of ULSD produced during the compliance period on a company level, in ppm.

(iii) The average sulfur concentration of all batches produced during the compliance period on a company level, in ppm.

(iv) A list of all batches of ULSD that exceeded the sulfur standard in § 1090.305(b) by facility. For each such batch, report the following:

(A) The batch number.

(B) The date the batch was produced.

(C) The volume of the batch, in gallons.

(D) The sulfur content of the batch, in ppm.

(E) The corrective action taken, if any.

(b) [Reserved]

[85 FR 78469, Dec. 4, 2020, as amended at 90 FR 4355, Jan. 15, 2025]