Learn the Issues
-
May import facilities be grouped together for compliance and reporting purposes?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. For the most part, separate import facilities owned by one importer must be grouped together. All compliance demonstrations are to be made based on the aggregate of all gasoline imported into the United States by an importer. This provision…
-
Must each batch of gasoline be traceable from the refinery or importation point to consumption in order to avoid liability if a non-conformance is found?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No. However, each regulated party (other than a carrier) is presumptively liable for violations of the downstream standards found at facilities downstream from that party. In order to establish a defense the party must show, among other defense elements…
-
Must imported RFG be tested at the import facility or may the importer use the test results from a foreign source, or alternatively, from vessel samples secured from the vessel after loading is completed? Many independent labs operate internationally. Also, must all labs be registered with EPA?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Importers must certify each batch of RFG and conventional gasoline based upon samples collected after the vessel carrying the gasoline has entered the U.S. port of entry where the gasoline will be discharged. Under § 80.65(f)(2)(ii), importers must identify…
-
Must downstream parties with their own labs use an independent lab for quality assurance sampling and testing?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Parties may use their own lab, an independent lab, or another party's lab in fulfillment of the quality assurance program defense element. Regardless of which lab does the work, however, the burden remains on the party who is presumed…
-
Must the independent lab use the same brand and model of equipment as the refinery lab?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Both the refiner's and the independent lab must use the RFG analyses methods specified in § 80.46, but this section does not specify particular brands or models for the testing equipment. Note that in the case of oxygen and…
-
Must a refiner identify a single independent lab for each refinery?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes. Although an independent lab may use a substitute lab for certain tasks, a refiner is required to name a single independent lab for each refinery. It is this independent lab with which EPA will communicate regarding the independent…
-
Must oxygenate be added to RBOB downstream of the refinery?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes. Oxygenate must be added to RBOB in the proper type and amount regardless of where it is sold. Specifically, section 80.77(a)(7) prohibits any person from combining RBOB with any other gasoline, blendstock, or oxygenate except oxygenate of the…
-
Must refiners defer to regulatory references to blendstock produced on a batch basis, as all blendstocks made by refiners are produced from continuous processes (even purchased blendstocks are received at regular intervals and are typically blended on a fairly uniform basis)?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes. Even continuous streams are only measured periodically and it would be best to apply the measurements to the volume produced most closely to the time of the measurement. In other words, break up the continuous stream into discrete…
-
Our practice is for each tank to be a batch and we test that tank once even though it may be used to supply several distribution systems. If several tanks are required to make up a pipeline tender, each tank is tested separately and the separate certificates of analysis provided to the pipeline. Will this practice still be acceptable?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes. Moreover, EPA believes that each separate tank of produced gasoline must be a separate batch, and that gasoline produced and contained in more than one tank may not be treated as a single batch. (7/1/94) This question and…
-
Since other ASTM methods are being developed that would allow use of one analyzer to obtain benzene, aromatics, and olefins, will EPA allow any of these new methods to be used in reformulated gasoline certification and/or a refiner's defense?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. A refiner that intends to distribute RFG must certify that product using the test methods prescribed in the Final Rule. However, a refiner performing quality assurance testing downstream of the refinery may use other test methods provided these methods…
-
By our reading of the regulations, the only reporting required of the oxygenate blender who elects to comply with the oxygen standard on a per gallon basis is a yearly report due the last day of February of each year (beginning in 1996) that states the total volume of RFG produced along with the certification statement. Is our interpretation correct? Are we correct in assuming that batch numbers and individual batch data are not required as part of the report?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Your interpretation is correct. (10/31/94) This question and answer was originally posted at
-
Question: What does EPA mean by "blending RVP of oxygenate" (equation in § 80.91(e)(4)(i)(B))?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. This means the effect that an oxygenate has on RVP when it is assumed to have a constant RVP effect per volume added. This is analogous to the blending RVP for any other hydrocarbon, except that blending RVPs for…
-
Rather than bracketing all components of a sample during the GC-MS analysis in section 80.46(f), can a laboratory use linearity curves for the components?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes. We only require that the calibration standards bracket the concentration range of samples. You may use the linearity curves when analyzing the unknowns. (7/1/94) This question and answer was posted at
-
Recently, a natural gas pipeline condensate was refused at a fractionator. The condensate met all fractionator specifications and did not contain any hazardous materials. The operator of the fractionator advised that their facility could only take in previously manufactured materials as a direct result of the anti-dumping rules contained in the reformulated gasoline regulations. Within the anti-dumping Subpart E, we cannot find any mention of previously manufactured materials. However, Subsection 80.102 "Controls applicable to blendstocks" does define "gasoline blendstocks" as products that are produced by a refiner but it also goes on to include other blendstocks with properties certain.
The condensate described herein would not meet the definitional requirements of a gasoline blendstock as its end point would disqualify it as a gasoline (if an oxygenate was added). The fractionator would separate the condensate into a gasoline component and a diesel component.
Is it the intention of the EPA that only manufactured products be used in blending either reformulated or conventional gasoline? Is it the intent to restrict the use of naturally occurring hydrocarbons in a fractionator that produces gasoline?See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The regulations do not prohibit or restrict the use or distribution of any gasoline or gasoline blendstocks regardless of their origin. Compliance with the anti-dumping requirements is based primarily on the properties of finished conventional gasoline. However, for the…
-
Referring to § 80.69, will EPA consider alternative testing approaches if extreme circumstances prohibit testing as defined by EPA? As an example, the situation may exist where an oxygenate blender is prohibited by state law from taking truck samples. In this case the only way to comply with EPA sampling requirements would be to somehow sample the batch as it is being dropped at its destination. This may be prohibited if the terminal only sells to jobbers. In addition, product sampled from trucks or retail outlets does not necessarily reflect product blended by the oxygenate blender. Residual fuel in trucks and or retail tanks will mix with the terminal product before sampling. A quality oversight of the RBOB in conjunction with meter readings showing proper delivery of oxygenate volumes may better reflect a terminal's product? How does the EPA plan to test in these situations?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. EPA will consider extreme circumstances that may prohibit sampling and testing as required by section 80.69. However, to date, EPA is not aware of such circumstances. Some state laws may prohibit the opening of truck compartment hatches during loading…
-
A refiner produces a tank of conventional gasoline on December 30, 1995. The tank is not shipped until January 2, 1996. Must the refiner include this batch in his 1995 volume or does he have the option of including it in either 1995 or 1996?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Compliance for a particular batch of conventional gasoline is based on the date the batch is produced, not shipped. As a result, the batch identified in the question would be included in the 1995 compliance calculations. However, the volume…
-
For a refiner producing conventional gasoline, may oxygenate added at a nonproprietary terminal be included in the determination of the conventional gasoline properties, provided the refiner has a quality assurance program at the terminal to ensure the oxygenate was added?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. A refiner may include oxygenates added to conventional gasoline by a party downstream of the refinery, including a "non-proprietary terminal," provided the refiner has a program in place to ensure that the oxygenate is added as reported by the…
-
Is there a required format for the wording of the certification for RFG? If not, is there a recommended or suggested format for certification in the PTD's, for downstream parties?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No, to both questions. Section 80.106(a)(1)(vii) does specify certain language for conventional gasoline. (7/1/94) This question and answer was posted at
-
Is there a deadline for the submittal of a petition requesting an exemption from the independent sampling and testing requirements? #17
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. There are no time frames for or limitations in the regulations or the statute for submitting or reviewing in-line blending petitions. However, since EPA will need adequate time to review and resolve any outstanding issues before acting on a…
-
For those with graphical data on E200/E300, will EPA allow use of either the equation or graphical for both baseline and compliance?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Graphical approaches to calculating E200 and E300 for all fuels (i.e. both baseline and compliance fuels) can be used when curve-fitting or linear interpolation are not feasible. The conversion equations provided in the regulations can only be used if…