Learn the Issues
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At a recent seminar hosted by SIGMA, EPA officials indicated that transfer documentation would be satisfactory if initiated by the transferee as long as both parties agreed to this system. Please confirm this understanding?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Your understanding is correct. However, while EPA would not object to a cooperative agreement between the transferor and the transferee, the transferor remains liable if the transferee does not have all the required PTD information for each batch…
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The preamble to the final rule states that "oxygenate added to a refiner's or importer's gasoline or blendstock downstream of the refinery or import facility may be included in the refiner's or importer's compliance calculations only if the refiner or importer is able to demonstrate with certainty that the oxygenate has been added to that party's gasoline." The preamble further states that "as a result of the complexities inherent in tracking gasoline through the fungible distribution system, EPA believes in most cases it will be impracticable for refiners or importers to effectively monitor downstream oxygenate blending with gasoline that is shipped fungibly, and as a result the refiner or importer normally would be precluded from the oxygenate in compliance calculations".
The scenario in question is:
o a refiner ships conventional gasoline produced by the refiner through a common-carrier pipeline;
o batch shipments allow for tracking of the refiner's gasoline within the pipeline;
o shipments are received into the refiner's storage;
o these receipts might be commingled fungibly with conventional gasoline produced by another refiner;
o oxygenate is added at the rack into all of the fungible gasoline.
a) Can the refiner gain oxygen credits for anti-dumping compliance for a prorata share of the oxygenate added to all gasoline, on the basis of the proportion of gasoline blended that was produced by the refiner?
b) Is the refiner's ability to gain oxygen credits impacted, in any way, by the configuration of the common-carrier pipeline (e.g. breakout tanks, batch versus open-stock system, etc.)?
c) Is the refiner's ability to gain oxygen credits impacted, in anyway by the configuration of the refiner's storage (e.g., dedicated versus community, etc.)?
d) Could the accounting be done on a monthly basis, or would the refiner have to track the ratio of gasoline produced by the refiner versus that produced by another refiner after each batch?See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . a) Yes, provided there is sufficient documentation to calculate the proportion of gasoline produced by the refiner, and, all other requirements of §80.101(d)(4)(ii) are met. b) The configuration would have to be such that the refiner could, indeed…
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Cleaning Up, Protecting and Preserving Tribal Lands
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Outstanding gasoline exchange balances are commonly closed out between trading partners on an accounting basis because they are too small for an economic physical shipment. These "book transfers" do not in themselves cause the transportation or storage of product. Is it correct to assume that these activities are not subject to a requirement for PTD's?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The PTD requirements refer only to the transferring of custody or title of any reformulated gasoline, RBOB, or conventional gasoline. If these "book transfers" involve the transferring of custody or title of such fuels then the PTD requirements…
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Our computerized control system collects, calculates, and historizes data for blends and product movements. The data can include volumes, analyzer results, manually entered lab results, etc. Data is historized by writing a file to the equivalent of a personal computer hard disk. The data collected in the files will be used for reformulated fuels documentation. The file is protected such that only a person with a physical engineering key can unprotect the file. Is this acceptable data control to the EPA?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Data control and recording systems should be proposed in the exemption request as part of an overall quality control, record keeping and review plan. All data that is generated for the batch that is intended to form a…
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Must the refiner track the barrels and qualities of each batch of gasoline beyond the tank in which it was certified?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No, but the batch volume is not determined by tank volume; rather, it is determined based on shipment volume. (7/1/94) This question and answer was posted at
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Must reformulated gasoline be sold only in those areas designated as reformulated gasoline areas by the EPA? Can a refiner produce and designate certified reformulated gasoline for distribution and sale even though there may be no immediate reformulated gasoline market for that product except as a replacement for conventional gasoline? Are the volume and fuel parameters of the gasoline to be incorporated into the anti-dumping compliance calculations?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Reformulated gasoline may be sold in areas not designated as RFG areas. However, if the reformulated gasoline is mixed with conventional gasoline, it may not be sold as reformulated gasoline. Certified reformulated gasoline used in a non-RFG area…
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May RFG that is found to be off-spec downstream of the refinery or import facility be corrected by blending "clean" non-oxygenate blendstocks?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Any party who combines blendstocks other than oxygenate with RFG is producing gasoline, and must meet all the RFG standards and requirements applicable to a refiner. In addition, all applicable RFG standards must be met by the blendstock…
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Tools for Tidal Restriction Avoidance and Removal Webinar
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Watershed Academy Webcast Certificate October 15, 2015
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May a party add more oxygenate to RBOB than is specified in the product transfer documents for the RBOB?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Section 80.78(a)(7)(i) requires that RBOB may be blended only with oxygenate of the type and amount (or within the range of amounts) specified by the RBOB refiner, and recited in the RBOB product transfer documents. Nevertheless, there is…
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At an in-line blending facility, a portion of batch A is captured in an empty storage tank and not immediately shipped. Then a portion of batch C is added to that tank and the combined mixture is shipped. How do the records show compliance with reformulated gasoline regulations?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Batches A and C will be certified separately based on the results from the composite sample analyses for each of these batches (unless EPA has approved another method of sampling for a particular refiner). Since product transfer documents…
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Is it possible to get an exemption to use conventional gasoline in an RFG covered area for testing purposes?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The RFG regulations do not provide an exemption from the RFG requirements for testing purposes. However, EPA would consider allowing the use of conventional gasoline in an RFG covered area for purposes of a testing program if sufficient…
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Is independent sampling and testing required of terminals that supply RFG?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The only parties who are required to meet the independent sampling and testing requirements are refiners and importers. A party that meets the definition of distributor or reseller, such as a terminal, therefore, is not required to meet…
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Is independent sampling and testing required of oxygenate blenders?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . A party who meets the definition of oxygenate blender is not required to have the gasoline it produces sampled or tested by an independent lab. However, an oxygenate blender is required to sample and test the gasoline it…
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In many cases, no document is created on the date that title of the renewable fuel is transferred to the purchaser, which typically is the date the purchaser receives the fuel, and an invoice typically is used by the parties to recognize the transfer of t
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The regulations at section 80.1128(a)(7) provide that any RINs assigned to a renewable fuel must be recorded on the product transfer document used to transfer ownership of the renewable fuel volume to another party, or the RINs may…
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2020 Great Lakes Human Health Fish Fillet Tissue Study
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Learn from State Water Emergency Response Exercises
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