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For refiners that in-line blend and are exempt from the independent sampling and testing requirements, which test measurements are to be used for the certified fuel properties, the integrated readings from on-line analyzers and flow meters, spot samples, composite samples, or samples taken from storage tanks downstream of the blending process?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Generally, the results from the composite sample, tested using the methods specified in § 80.46 of the regulations, should be used. If more than one composite sample is taken during the blend and tested to determine compliance, or if…
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Section 80.67(a)(2) authorizes a compliance procedure for benzene and oxygen averaging on a "covered area" basis. If a refinery participates in a compliance survey, does this section apply? Does this section apply only if a refinery decides to average oxygen or benzene and does not participate in a compliance survey? Do ratchets apply to parties complying with oxygen and benzene averaging under this section?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The compliance procedure described in this section allows for oxygen and benzene averaging on an area-specific basis. Since the purpose of surveys is to assure that nationwide averaging provides adequate quality gasoline overall on an area-specific basis, a party…
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Section 80.69(e) refers to "additional requirements for oxygenate blenders who blend oxygenate in delivery trucks." What type of activity is this intended to cover?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. This section refers to any case where the RBOB and oxygenate is not combined, mixed, and tested in a storage tank before loading into a truck. Thus, the provision includes cases both where the RBOB and oxygenate are sequentially…
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Section 80.78(a) requires segregation of several categories of gasoline and precludes the mixing of any amount of the gasolines that must be segregated. EPA recognized the difficulty in changing the service of a storage tank as a result of tank heels, and and outlined a 5-step procedure for changing the service of a gasoline storage tank. EPA's description of this procedure does not state that a company will avoid
violating the § 80.78(a) segregation prohibition if this procedure is followed, and, therefore, the procedure appears to expose companies to liability for violation of the segregation requirements.
In addition, EPA outlined procedures for dealing with interface mixtures. It is unclear if a party who follows these procedures will be in violation of the § 80.78 segregation prohibitions. If this interface activity is considered a violation, the regulated parties will be exposed during all sequential shipping of gasoline on a pipeline, an activity acknowledged by EPA to be necessary for conducting business and supplying gasoline to the marketplace. Without some type of relief, regulated parties will not be able to ensure delivery of available supplies of RFG.
Will EPA exercise enforcement discretion and not initiate an enforcement action if parties follow the procedures described in the Question and Answer Document, or will EPA enter into written enforcement protocols with regulated parties to ensure no enforcement actions are brought in order to "facilitate the orderly conduct of business."See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. A party who follows the procedures for dealing with the change of service for a gasoline storage tank, or for dealing with pipeline interface mixtures, that are described in the Question and Answer Document will be considered by EPA…
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Section 80.78(a)(8) prohibits "any person" from combining any VOC-controlled RFG produced using ethanol with any VOC-controlled RFG using any other oxygenate between January 1 and September 15. There is no exclusion from this prohibition for retail outlets or wholesale purchaser-consumer facilities as there is for certain other mixing prohibitions. How is the retail outlet expected to be aware that it is receiving a shipment of gasoline that cannot be commingled with gasoline produced using a different oxygenate?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The RFG regulations were amended on July 20, 1994, to include a product transfer documentation requirement, found in 80.77(g)(3), requiring the "identification of VOC-controlled reformulated gasoline or RBOB as gasoline or RBOB which contains ethanol, or which does not…
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Section 80.77 states that product transfer documents should include the name and address of the transferor and transferee. In the interest of keeping the PTD's as a single document, would it be permissible to retain the addresses of the transferees in a permanent file and not print them on the PTD's? We believe it would be in the best interest of the EPA and the industry to maintain all PTD information within a single document and the addition of the addresses may make it difficult to meet both EPA and Department of Transportation requirements on a single page.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Under § 80.77(a) and (b), the product transfer documents for each transfer of title or custody must include both the name and address of the transferor and the transferee. However, EPA will consider this requirement to be met in…
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Should actual measured values be used for compliance calculations even when they are below those negligible limit values used in the baseline? For example, if a sulfur content of 10 ppm is measured in a batch of finished gasoline, should 10 ppm be used for compliance calculations instead of 30 ppm?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The measured values must be reported on the batch reports and used for compliance calculations. (4/18/95) This question and answer was originally posted at
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We would like to preprint as much of the PTD information as possible on our bill of lading for gasoline sales at our terminals. We would like to print a statement such as the following on all tickets: "Maximum RVP of 8.3 psi if gasoline is designated as VOC controlled for Region 2." This would enable us to have the same bill of lading for both the summer and winter period even though this statement would have no effect for gasoline that is not designated as VOC controlled. Is this language acceptable?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. A statement such as the one in the question would be acceptable assuming that the product is also identified as being VOC controlled or not VOC controlled in accordance with § 80.77(g)(1)(i). (1/17/95) This question and answer was posted…
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We understand it is not necessary to use the words "transferor" and "transferee" on PTD's as long as the parties giving and receiving custody/title are identified. Our concern was with the carrier receiving custody from a marketing terminal and then passing it on to another party. This makes him a transferee and then a transferor. The concern was having the carrier alter the bill of lading to reflect this change. We understand that as long as we show the name and address of the carrier (or show a carrier identification number that is directly related to the carrier's address) on the PTD and also show the party to whom the product is being shipped, we have sufficient information to satisfy the obligation for us as well as the carrier. Please confirm that this is a correct interpretation.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Your interpretation is correct. If the paperwork properly reflects the chain of custody through the carrier and shows the proper dates and locations for the different transfers, you have met the PTD requirements with regard to the transfer of…
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What is a satisfactory quality assurance program that ensures oxygenates are being added to RBOB at a non-proprietary terminal?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. For refiners and importers who wish to claim the actual oxygenate type and amount blended with RBOB, a program of contractual controls and quality assurance sampling and testing over the downstream oxygenate blending operation must be carried out. Under…
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When are an importer's facilities subject to different RFG standards?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. There is one situation in which importers must demonstrate compliance for individual import facilities instead of aggregating. Under § 80.67(b)(2)(ii), importers must demonstrate compliance separately for the gasoline imported at facilities which are subject to different RFG standards under…
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Are there different reporting requirements for refiners, importers and oxygenate blenders?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes. See § 80.75 of the regulations. (7/1/94) This question and answer was originally posted at
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If an ethanol producer imports a truckload of gasoline, they are an obligated party and have an RVO. Does this mean that they can separate RINs from all the ethanol they produce?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Not necessarily. Obligated parties can only separate RINs they generated for renewable fuel they produced or imported up to the level of their RVO. They are not allowed to separate additional RINs that they generated. However, obligated parties must…
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If blenders either opt not to trade or are not allowed to trade, who will be responsible for tracking these RINs through the system?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The blender must submit quarterly RIN transaction reports to EPA that will document all RIN transactions, including RIN purchases, RIN sales, and expired RINs. RINs that are reported purchased and thereafter are not sold will be identifiable through these…
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We are considering developing a PTD that lists ethanol and denaturant as separate items being transferred. RINs would be generated for the entire volume of denatured ethanol. If, for example, we transfer 950 gallons of ethanol and 50 gallons of denaturant, may we split the gallon- RINs between ethanol and denaturant? Or would we only indicate the number of gallon-RINs associated with the entire volume of denatured ethanol (i.e., 1000 gallons)?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The RINS should not be split between ethanol and denaturant. Section 80.1153(a) of the RFS rule refers to "the volume of renewable fuel that is being transferred" as necessary information for PTDs. Denatured ethanol is the "renewable fuel" in…
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Are the min/maxs that are required on the PTD's for RBOB, intended to address the pre-oxygenate blended RBOB or the post-oxygenate blended RBOB?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The post-oxygenate blended RBOB. (7/1/94) This question and answer was posted at
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Can you identify absolute minimum data requirements and margin for auditor judgments to minimize petitions for deficient data?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No. The amount of data that is sufficient to develop a baseline will depend on the individual case. The baseline auditor does have some flexibility in using their judgment to determine what is appropriate, but the rationale and detailed…
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Section 80.1151(b)(3)(vii) requires retention of additional information related to the details of RIN generation. What does this mean?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Companies vary in their internal recordkeeping practices and not all similar records will take identical form. Therefore, in several places in the recordkeeping section (80.1151) we have required that "additional" information be retained. We certainly do not wish to…
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Section 80.41(h)(1) specifies that RFG may contain no heavy metals. What specifically does that mean, and is a refiner required to test for the presence of heavy metals?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The prohibition of heavy metals in RFG means that heavy metals may not be added, nor may it contain more than trace levels that may be picked up from the transportation/distribution system. In fact, no substantially similar unleaded gasoline…
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Must sampling be performed only from tank storage, or will pipeline sampling qualify?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. For a refiner, pipeline sampling is appropriate when performed according to the procedures outlined in 40 CFR part 80, Appendix D. Appendix D, section 11.4 describes how to collect a continuous or intermittent flow proportional sample, using automatic sampling…