Learn the Issues
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Is tertiary butyl alcohol (TBA) an acceptable alternative oxygenate to MTBE?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Tertiary butyl alcohol may be blended in amounts permitted under its section 211(f) waiver. There are several oxygenates available other than the two most common, MTBE and ethanol, and these oxygenates may be legally used if blended in the…
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There is considerable confusion regarding the ability of refiners to commingle RBOB produced at different refineries. Some refiners have interpreted 80.69 as requiring separate storage and handling for each RBOB, even when both are "any oxygenate" RBOB. Can "any oxygenate" RBOB be commingled?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. RBOB must be segregated from RFG, and from other RBOB having different oxygenate requirements, to the point of oxygenate blending. There is no need to separate "any oxygenate" RBOB from other "any oxygenate" RBOB. (7/1/94) This question and answer…
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In theory, each step of the RFG testing chain could yield varying (assuming increased) results due to reproducibility -- what is EPA's position on this?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. It is up to the regulated parties to determine margins of safety. EPA does not get involved in this determination. (8/29/94) This question and answer was posted at
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We are a marketer of ethanol products. Sometimes personnel at ethanol plants make mistakes as to the number of gallons being loaded or produced. How do we "recall" erroneous RINs if the number of RINs exceeds the number of gallons we receive?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The parties (producers) selling ethanol to you have an obligation to transfer appropriate RINs to you. A producer who is also a marketer may assign up to 2.5 RINs per gallon of renewable fuel. A producer who is not…
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We are an association. Many of our members are blenders who are small and who find the attest engagement (audit) requirement difficult and expensive to comply with. We would like to engage a CPA who would be able to perform the required review of our members' records, in hopes of generating a cost savings to them. The following two part question related to our handling of reporting and attest engagements on behalf of our members:
a. Could we become the delegated authority for submission of reports on behalf
of our members?
b. Could we hire a CPA and pay for the annual attest engagements for our
members?See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. We believe it may be appropriate for individual blenders to pay for CPA services through their association and recognize that this may result in a cost savings to them. Section 80.125(a), which is referenced by 80.1164, says: "Any [blender]…
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We are a wholesaler of E100 and B100. We do not do any blending. We purchase and sell E100 and B100 and sell it to anyone who needs it. What in the RIN code must be changed to document the change of ownership?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Nothing changes in the RIN code to document a change of ownership. Question and Answer was originally posted at: Questions and Answers on the Renewable Fuel Standard Program (pdf) (55 pp, 221 KB, EPA420-F-07-041a, August 2007)
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We would expect to purchase or exchange for reformulated gasoline in reformulated areas. At any given time, a tank could contain product from upwards of 3 different commingled RFG batches. As a distributor, is it sufficient to state on a bill of lading that all products conform to RFG, or must each of the batches in this tank be listed on the transfer document?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. This question assumes that PTD's must include batch identification numbers, which is incorrect. PTD's are not required to included the batch number or the name of the refinery that produced the gasoline. A distributor should include all the required…
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What are limitations, if any, on blending RFG with materials for sale into non-RFG markets?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. When RFG is blended with blendstocks, the blender is considered a refiner under the antidumping requirements and thus is responsible for the properties of the blendstock which is added to the finished RFG. Compliance calculations for blendstocks which are…
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If an importer is unsure of what terminals might be involved in importing gasoline (RFG or conventional), may importers register more terminals than might be used?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes. However, an importer does not need to register each import facility it uses (see previous question). (7/1/94) This question and answer was posted at
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Regulation Section 80.1131(b)(4) states that, in the event that the same RIN is transferred to two or more parties, "all such RINs will be deemed to be invalid, unless EPA in its sole discretion determines that some portion of these RINS is valid." What’s the process to determine if a portion of RINs are valid?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. In many circumstances, EPA will be able to determine whether any of the RINs (or particular gallon-RINs within a batch-RIN) are valid from the information submitted to EPA in the RIN generation and transaction reports. Through these reports, it…
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The RIN is too long to fit onto my bill of lading. What are my options?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. An assigned RIN must appear in its entirety on product transfer documents (PTDs) identifying a transfer of ownership of a volume of renewable fuel. Substitute codes are not permitted. See regulation Section 80.1153. (In general PTDs would not include…
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What happens if a party registers with EPA then engages in no activities that must be reported during a given compliance period?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. There is no obligation to report if no activity occurs. Question and Answer was originally posted at: Questions and Answers on the Renewable Fuel Standard Program (pdf) (55 pp, 221 KB, EPA420-F-07-041a, August 2007)
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Section 80.600(a)(10) says, Any refiner or importer shall maintain copies of all product transfer documents required under §80.590. If all information required in paragraph (a)(6) of this section is on the product transfer document for a batch, then the provisions of this paragraph (a)(10) shall satisfy the requirements of paragraph (a)(6) of this section for that batch.” Does that mean that if a refiner or importer has a PTD containing the information no other record is required? That seems unneeded. Does that paragraph mean something else?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Section 80.600(a)(10) first requires that product transfer documents under § 80.590 be maintained by refiners and importers. It then states that if such product transfer documents contain all the information required under paragraph (a)(6) of § 80.600 for each…
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What is the process to retire a RIN? Is this a reporting function that is done with the EPA?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. RINs are retired for reasons specified in the regulations and must be reported to EPA. A retired RIN may not be used for compliance purposes or traded to another party. A retired RIN is reported to EPA in a…
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What metering system does the plant use to measure gallons? Is it a production meter, a load-out meter, etc.?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. EPA regulations provide flexibility in terms of the specific mechanisms through which producers and importers measure volumes for purposes of generating RINs. However, the approach should ensure that gallons are neither systematically ignored nor systematically double-counted. Also, approaches that…
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Which non-obligated parties are allowed to participate in the credit trading program? Producers (with extra value RINs), oxygenate blenders, marketers?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Anyone can participate in the RIN trading program, subject to the requirement that the party first register with the EPA and then adhere to other regulatory requirements, including submitting required reports (such as quarterly reports on RINs held). Question…
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Will each compartment of a truck loaded at the rack at the refinery be deemed a different batch of reformulated gasoline and thus need a batch identification number? Could the invoice number serve as the unique identification number for that shipment?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. In the case of reformulated gasoline produced by adding oxygenate to RBOB in a truck, each truck compartment is a separate batch of reformulated gasoline. If the oxygen standard is being met on average, the reformulated gasoline in each…
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Will oversight programs and paper trail need to extend to conventional gasoline in order to comply with anti-dumping?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The requirements of the anti-dumping program apply only to refiners and importers. As a result, there are no downstream standards or requirements for conventional gasoline, other than those related to the prohibitions against using conventional gasoline in RFG areas…
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Would it be acceptable to provide all required product transfer document information on the bill-of-lading, including the transferee's name, except for the transferee's address, provided that the address is included on a follow-up invoice?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. As long as all product transfer documentation information is provided to the transferee, either prior to, during or immediately following the transfer of title or custody of the gasoline, the PTD requirements are met. As a result, it would…
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Could a refiner rely upon transfer documents produced by a pipeline to meet the refiners (i.e., shipper's) responsibility as it relates to the generation of transfer documents and would such a document provide an adequate defense for the refiner?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. If a refiner is the transferor to a pipeline, then the refiner would be responsible to provide documentation to the pipeline. (7/1/94) This question and answer was posted at