Learn the Issues
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Newsletter: East Palestine Train Derailment Response, 5-30-2023
Newsletter May 16 for East Palestien Train Derailment Response
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Public terminals that "refine" and "blend" RFG, RBOB or conventional gasoline as defined in the RFG rules at 40 CFR Part 80, and obtain agreements from their customers to comply with the refiner/blender requirements of the rule, will not separately need to register with EPA. It is my understanding that terminals in such situations must not register. Is my understanding correct?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No. In a situation in which more than one party fits the definition of a refiner or oxygenate blender under the regulations, each such party is subject to the requirements under the regulations, including registration requirements. Where, for…
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Newsletter: East Palestine Train Derailment Response, 4-4-2023
April 4 newsletter in html for East Palestine Train Derailment Response
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Newsletter: East Palestine Train Derailment Response, 6-6-2023
Newsletter May 16 for East Palestien Train Derailment Response
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For purposes of RFG compliance on average, can refiners treat closely integrated facilities operating in a single covered area as a single facility, or must compliance be achieved separately for each facility? Suppose the refinery operation consists of mixing blending components to produce finished RFG using tankage in multiple terminals in close proximity, the blender is meeting all refiner requirements. and the blender is the responsible party for record keeping, reporting, and compliance. Can the refiner/blender aggregate the operations at all the facilities used for compliance on average purposes or must he meet the standards separately at each terminal?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Under § 80.67(b)(1), refiners must meet all applicable averaged standards separately for each of the refiner's refineries (i.e., for each facility at which gasoline is produced.) This would include terminals at which RFG is produced through a blending…
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Newsletter: East Palestine Train Derailment Response, 5-9-2023
Newsletter May 9 for East Palestien Train Derailment Response
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Is a PTD required for transferring an unassigned RIN?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No. PTDs are not required when transferring unassigned RINs. However, PTDs are required whenever there is a transfer of ownership of a renewable fuel. Where the fuel is being transferred with assigned RINs, then the PTD must include…
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Is Puerto Rico considered a domestic producer? There are no federal RVP standards there--do they use summer fuels in the winter complex model?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Puerto Rico refineries are considered federal gasoline producers. If their fuel remains seasonally the same throughout the year, they meet the criteria of a refiner marketing in an area with no seasonal changes, and they are only required…
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For the purposes of the RFG sampling and testing requirements under § 80.65(e) and (f), may a refiner use the option under which the independent lab samples and tests 100% of the batches for some parameters, and use the option under which the refiner tests 100% of the batches and the independent lab samples 100% of the batches and tests 10% of the batches for other parameters?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Refiners and importers may not use the 100% independent lab analysis option for certain parameters and the 10% independent lab analysis option for other parameters, but must use the same option for all RFG parameters. However, a refiner…
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A procedure has been outlined by the EPA for the certification of oxygen content by meter for the oxyfuel program. Can this method be used for certification of oxygen content in reformulated gasoline? Is an exemption for in-line blending required?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No. The regulatory method for oxygen testing, or the approved temporary method discussed in question 39, must be used for certification of reformulated gasoline produced at the refinery and also for blending oxygenate with RBOB. For further discussion…
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The preamble states: "As with all parameters, there will be only one regulatory distillation test method. However, other suitable methods may be used for defense purposes (but not to meet mandatory testing requirements) as long as they are properly correlated with the regulatory test method." Does this mean that for testing downstream of the refinery or import facility for quality assurances purposes, other methods may be used by a refiner for defense assuming they are correlated to the regulatory method?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Yes. (7/1/94) This question and answer was posted at
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Prior to the RFS rule, industry has used an equation for standardization of ethanol volumes that carries the correction factor out to 5 digits rather than 7 digits as in the formula given in the RFS rule at 80.1126(d)(7)(i). Will use of the equation currently in practice suffice for purposes of compliance with the RFS rule?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Because the difference between the five-digit and seven-digit factors is extremely small, regulated parties may find that it makes no practical difference whether they use the shorter factor for batches of a certain size . If it makes…
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Please confirm that a terminal can blend complying grades of gasoline to form another grade of gasoline and the terminal would not be considered to be a refiner. An example would be the blending of premium unleaded and unleaded regular to provide mid-grade unleaded.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The blending of two certified RFG gasolines to make a mid-grade gasoline is permitted provided that the segregation restraints specified in section 80.78 are not violated. The terminal or gasoline station will not be considered a refiner provided…
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Please clarify and resolve the significant digit differences existing between the standard and enforcement tolerance specified, i.e. 8.3 psi RVP with a 0.30 psi enforcement tolerance.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The significant digit differences between the RVP standard and the enforcement tolerance arise from EPA's desire to resolve any questions about rounding of RVP measurements when an enforcement tolerance has been applied. Accordingly, for example, the 0.30 psi…
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Please define any restriction in the RFG program on mixing ethanol and ether fuels.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Under § 80.78(a)(8), no person may combine VOC-controlled RFG produced using ethanol with VOC-controlled RFG produced using any other oxygenate during the period of January 1 through September 15 of each year. This prohibition applies at all locations…
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Please describe the survey areas which are currently applicable.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Attached to this document as Attachment II is a list of the presently applicable survey areas including opt-in areas. This list is current as of June, 1994. (The Agency has promulgated a "corrections notice" which defines these areas.)…
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Please comment on how laboratories can discard erroneous test results. Also, please comment on the example of a test result which is clearly an outlier, but without a discernible cause.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Suspect test results should not be discarded, but should be treated according to the laboratory's quality assurance plan covering the test method. At a minimum, the plan should include steps to document that a result is suspect, the…
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Please clarify what is meant by industry standard.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . API has assisted EPA in determining industry standard by preparing a list of alternate test methods in use in 1990. Other test methods may also be considered, but there must be concurrence from the auditor that such test…
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The petition process referred to in § 80.65(f)(4) references RFG. Will in-line blenders of RBOB also be allowed to become exempt from the independent sampling/testing requirements through EPA approval of a petition?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Yes, refiners who blend RBOB using a computer-controlled in-line blending process are allowed to petition for exemption from the independent sampling and testing requirements. (7/1/94) This question and answer was posted at
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Please clarify how the facility aggregation option would work. Would the facility aggregation apply only to simple model RFG sulfur, T-90 and olefins compliance?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . A refiner may aggregate its refineries for anti-dumping compliance purposes under § 80.101(h). This aggregation option must be exercised for the 1995 averaging period, and may not thereafter be changed. In addition, under § 80.41(i) the refiner must…