Learn the Issues
-
Should the summer toxics model be used for RFG during the 1995 California VOC transition seasons (i.e., before May 1 and after September 15) when California regulations limit RVP to 7.8 psi?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. RFG that is designated as VOC controlled by the refiner must use the summer model and must comply with the RVP standard for the appropriate VOC control region. RFG that is designated as non-VOC controlled by the refiner must…
-
Should separate samples be collected for RVP analysis?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. One sample may be used for all of the RFG parameters that need to be determined, including RVP. However, because sample handling in the laboratory may affect various reformulated gasoline properties, such as RVP, analyses must be performed in…
-
§ 80.101(i)(1) says that conventional gasoline cannot leave a refinery until testing is completed for all parameters used in the compliance calculation. (e)(2) of the same section says that for purposes of meeting (e)(1) a refiner may composite samples and treat that as one batch provided that the composite is not for materials produced or imported over more than one month. May material leave the refinery before analysis is run on the composite? Just a comment, is it really necessary to hold up a batch for at least three hours while an FIA is run for olefins especially since the results of an individual batch are irrelevant for conventional gasoline. Is it EPA's intention to preclude in-line blending of conventional gasoline by this requirement?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The regulations have been revised at § 80.101(i)(1) to allow conventional gasoline to leave a refinery or importer facility prior to the completion of sample testing. Note that there are additional constraints related to composite samples at § 80.101(i)(2)…
-
§ 80.77 of the proposed rule included conventional gasoline in the requirement for product transfer documents. This section, in the final rule, now excludes conventional gasoline and includes that product in § 80.106. This latter section however, states that it applies only "to product that becomes gasoline upon the addition of oxygenate only." Is it correct to interpret that, except for gasoline that has had an oxygenate added, conventional gasoline transfers do not require PTD's to be in compliance?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No. All conventional gasoline, including blendstock that requires the addition of oxygenate only, must meet the product transfer document requirements in § 80.106. (7/1/94) This question and answer was posted at
-
In a situation where Refinery A purchases finished conventional gasoline from Refinery B, Refinery B should include the gasoline in its compliance calculations and Refinery A should exclude it. If Refinery A blends the gasoline with its own blendstocks and, therefore, must mathematically adjust the volume and properties of the average conventional gasoline production to account for the gasoline from Refinery B, what properties should be used in this adjustment, the analysis performed by Refinery B prior to shipment, or the analysis performed by Refinery A as the product was received?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The analysis of the product that is performed by Refinery A should be used. (4/18/95) This question and answer was posted at
-
A tank of ethanol has become contaminated and must be disposed of. How would we treat this situation for RIN reporting under the RFS program?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The RFS regulation envisions various scenarios under which RINs might be retired. The reporting section in the regulation names a few examples: retirement in satisfaction of enforcement action, spill, and use in a boiler or heater. We recognize that…
-
If a downstream blender alters an RBOB by addition of other hydrocarbons, how is the baseline selected and how is the fuel regulated and reported?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Section 80.78(a)(7) prohibits any person from combining RBOB with any other gasoline, blendstock, or oxygenate except for oxygenate of the type and amount (or within the range of amounts) specified by the refiner or importer at the time the…
-
If, due to piping constraints, a refiner must put a purchased or inter-refinery transferred batch of finished gasoline through the refinery blendstock system, but does so without the batch losing integrity, must the refiner include the batch in his compliance calculations?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No. As per § 80.65(i) of the regulations, any refiner, importer, or oxygenate blender shall exclude from all compliance calculations, the volume and properties of any RFG that is produced at another refinery or oxygenate blending facility, or imported…
-
If an oxygenate blender must transfer RINs with a volume of renewable fuel, who are they transferring to, if they are the final/end-user?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. If any oxygenate blender blends renewable fuel into gasoline or diesel, he is no longer required to transfer RINs and renewable fuel together. Question and Answer was originally posted at: Questions and Answers on the Renewable Fuel Standard Program…
-
If EPA requests that an independent lab supply a portion of a sample to the EPA lab, what volume of gasoline should be sent to EPA?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. When EPA requests a sample from an independent lab, the independent lab should send EPA the entire one quart sample if the lab has not analyzed the sample. If the sample is one the independent lab has analyzed, the…
-
If operations necessitate a transfer between two tanks which are both certified reformulated gasoline, does the receiving tank have to be retested and certified?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Assuming that the receiving tank contains certified RFG, such a transfer would be permissible without retesting and recertification. (7/1/94) This question and answer was posted at
-
If a plant establishes RINs at the beginning of the month and defines it as one month's production estimate (e.g. 8 million gallons), what happens if the plant produces more than 8 million gallons by the end of the month? Does the plant then start issuing a new batch number for the next 8 million gallon RIN? What if this happens in the middle of filling a rail car?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. RINs are not generated at the beginning of a month. Rather, gallon-RINs must have been generated by the time a volume of renewable fuel is transferred from the producer or importer to another party (at which point the RINs…
-
If an RBOB refiner elects to engage in a quality assurance program at the blender's blending facility per the terms of a contract with the blender, must the refiner sample and test the RBOB as it is received at the blender's facility? If so, how often must sampling and testing be performed? Should sampling and testing be done at the blender's facility prior to shipment, or after the retail outlet accepts delivery?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The refiner's quality assurance sampling and testing, under § 80.69(a)(7) must be of the RFG produced at an oxygenate blending facility, and not of the RBOB. The rates for testing are specified in § 80.69(a)(7). With respect to when…
-
If RBOB and oxygenate are blended upstream from the truck in an oxygenate blending facility, which of these parties would be considered an oxygenate blender and have the associated regulatory requirements: A. Terminal owner (if different than operator)
B. Terminal operator (not product owner)
C. Product owner (in tankage)
D. Customer-exchange partner (ownership transfers at rack spiller)
E. Truck owner (common carrier)See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. An oxygenate blender is defined at § 80.2(mm) as "any person who owns, leases, operates, controls, or supervises an oxygenate blending facility, or who owns or controls the blendstock or gasoline used or the gasoline produced at an oxygenate…
-
If a party registers a facility as a refinery, oxygenate blending facility or import facility and then does not produce or import gasoline at that facility during an averaging period, must the party report to EPA?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Refiners, importers, and oxygenate blenders are required to report to EPA only during averaging periods when the party produces or imports some volume of gasoline, even if the party has previously registered with EPA. (9/26/94) This question and answer…
-
If a refiner ships RBOB to an oxygenate blender at another location, is the refiner responsible for tracking properties following oxygenate addition?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Refiners are required to determine the properties of each batch of RBOB they produce or import prior to the gasoline leaving the refinery. Under § 80.69(a)(4) the refiner is required to determine that the properties of the RBOB are…
-
If you have a spill, does the K code change to 2 for the spilled volume?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No, the K code is not changed as the result of a spill. (Refer to section 80.1132 of the regulation regarding retirement of RINs due to a spill.) Question and Answer was originally posted at: Questions and Answers on…
-
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…