Learn the Issues
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In areas where an oxy fuels program is in effect, how do these requirements coincide with RFG requirements? In areas where there is an overlap, are any regulatory changes necessary by the state?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. In areas that are covered by both a state's winter oxy fuels and the federal RFG programs, the fuel must comply with both program requirements. Therefore, the more stringent 2.7 wt% minimum requirement of the winter oxy fuels programs…
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Assuming that EPA approves the use of analyzers to certify in-line blended RFG, if an analyzer has maintenance problems during a blend such that it did not give results for 50% of the blend, can the refinery use spot samples to track the property? Is there a specific percent uptime that the EPA requires should analyzers be used to certify blends?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Proposals for using results from on-line analyzers for purposes of certifying a batch will be evaluated on a case-by-case basis. EPA has not established the amount of up-time required in order to qualify the on-line analyzer results for use…
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Assuming that an RBOB refiner elects to use "worst case" oxygenate blending assumptions in complying with the RFG regulations, is there any special information that the product transfer documents must include other than the requirements set out in § 80.77 of the regulations?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No, all the product transfer documentation requirements for RBOB are located in § 80.77 of the regulations. (8/29/94) This question and answer was posted at
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Assume that a marketer/supplier has conventional gasoline inventory in a fungible pipeline/terminal system in a non-RFG area. Effective January 1, 1995, does this company have any responsibility for the quality of that inventory? Responsibility for product brought in after January 1, 1995? What does the company need to put in its contract with a refinery/trader or collect from a refinery/trader to comply with the anti-dumping regulations? What kind, if any, quality assurance program would be required? Would the answers be different if a segregated tank is involved?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Beginning January 1, 1995, all conventional gasoline must meet the PTD requirements. If the conventional gasoline was produced before January 1, 1995, the refiner may not have initiated the PTDs, but the downstream party nevertheless must include the required…
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In the case of a refinery which is sold during the course of an annual averaging period (i.e., other than at midnight on December 31), how does EPA view the responsibilities of the seller refiner and the buyer refiner with regard to meeting the RFG and anti-dumping standards for the gasoline produced at that refinery?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Under § 80.65(c), each refiner of RFG is responsible for meeting the RFG standards for each batch of RFG produced by that refiner, and under § 80.67(b) in the case of RFG the refiner designates for compliance on average…
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Does EPA have curves showing the effects of different oxygenate levels on the resulting T50/T90?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The Agency has developed no such curves. However, since the Complex Model requires the use of E200 and E300 instead of T50 and T90, the effects of different oxygenate levels on E200 and E300 can be back-calculated from the…
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Does EPA intend to grant approval for in-line blending systems that do not have the opportunity for sampling and analysis prior to fungible mixing?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. As discussed in the answer to question #7 above, samples taken for determining the certified properties of the fuel, and some analysis of the gasoline properties, must occur before the gasoline is fungibly mixed with other gasoline. (7/1/94) This…
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Does the EPA maintain a single document listing the reclassification of CO and ozone nonattainment areas?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. For information pertaining to the reclassification of CO and ozone nonattainment areas, contact Valerie Broadwell (919-541-3310) or Barry Gilbert (919-541-5238) Ozone/Carbon monoxide Programs Branch, AQMD, MD-15, OAQPS, EPA, Research Triangle Park, North Carolina, 27711. (7/1/94) This question and answer…
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Does EPA make any distinction in terms of timeliness between PTD's which memorialize a transfer of title as opposed to those which memorialize a transfer of custody? For example, exchange statements detailing liftings by an exchange partner ordinarily are prepared only after the close of each month's business. Would such statements meet the PTD requirements if they contain all required PTD information?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Section 80.77 does not distinguish between transfers of custody and transfers of title. Nevertheless, EPA believes the two situations may be different in terms of the timing necessary for PTD information. In the case of transfers of custody, the…
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Does a plant have to have their EPA-issued company ID number before they register for CDX?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes, this ID will be necessary to complete the CDX registration process. You may look up your company ID number at http://epa.gov/otaq/regs/fuels/rfs-list.xls (in Excel spreadsheet format). Question and Answer was originally posted at: Questions and Answers on the Renewable…
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Does section 80.69(e) apply to operations where RBOB is received into a terminal tank from a pipeline or barge and is subsequently blended with oxygenate in a truck?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The regulatory provision at § 80.69(e) applies to situations where RBOB is blended with oxygenate at a terminal other than in a terminal storage tank (which is addressed in § 80.69(c)). The requirements of § 80.69(e) would apply where…
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Does in-line blending of conventional gasoline require an exemption?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Conventional gasoline does not require independent sampling and testing and, therefore, there is no need to obtain an exemption. However, the properties of both reformulated and conventional gasoline are required to be determined by the methods specified in §…
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If terminals utilize the services of outside laboratories for periodic sampling and testing, how can the terminal limit exposure to liability in the event non-complying product from the tested tank(s) leaves the terminal during the three or four days before test results are available?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. A terminal-distributor's release of RFG that does not meet applicable standards would constitute a violation of § 80.78(a)(1) for which the distributor would be liable, and it would not be a defense if the violation was caused by a…
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If a California refinery is producing all of its gasoline to CARB specifications but ships a small portion (<5%) to Nevada and Arizona, does that portion have to be recorded and reported as conventional gasoline? The additional recordkeeping and reporting would appear to be a totally wasted effort since gasoline meeting CARB specs will be substantially better in all respects than baseline gasoline.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Under § 80.81(b)(2), California gasoline (and no other gasoline) is exempt from certain RFG and anti-dumping requirements, such as the requirement to use the test methods specified under § 80.46. California gasoline is defined in § 80.81(a)(2) as "any…
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If reformulated gasoline is found downstream of the refinery to be off specification, what procedures are appropriate for handling this gasoline?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Downgrading In a case where RFG is found to violate any downstream standard, a party may take remedial action for the violation by reclassifying the RFG as conventional gasoline (by "downgrading" the gasoline), and using the gasoline only outside…
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If a specific refinery is the producer of renewable diesel, I assume they need a facility ID number, but we can use the RINs for aggregate company compliance.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes. The facility ID number is used to generate the RIN, but the RIN can be separated and used for compliance on a company-wide aggregate basis, subject to any applicable restrictions in the regulations such as regulation Sections 80.1106(c)…
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If a transaction must be reversed for some reason, does the reversal have to track specific RINs or will fungible RINs work? How is this reported?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The original transaction (involving the specific RINs) should be nullified and, if already reported to EPA, corrected reports should be submitted. If discovered prior to being reported to EPA, then all associated records must be corrected. If a transaction…
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If there are two surveys for RVP/VOC for a covered area per year and both fail, does this result in two "additive" ratchets for the covered area?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No. Failure of surveys during a single year are not "additive", i.e., if any or all surveys in an area are failed during a given year, a single ratchet will be applied for the following year. Additionally, as in…
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If we send a report via EDI prior to the reporting deadline, the reporting deadline passes, and then (i.e. after the deadline has passed, but still within the five days EPA has allowed for its functional acknowledgment) EPA sends a functional acknowledgment, can we still be fined if there is something wrong with the file?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. If we send a report via EDI prior to the reporting deadline or the reporting deadline passes, and then (i.e. after the deadline has passed, but still within the five days EPA has allowed for its functional acknowledgement) EPA…
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May an independent lab use the refiner's testing equipment? May the independent lab set up its lab on property that is owned by the refiner? May the independent lab use the refiner's facilities for storing gasoline samples?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. In order to ensure independence, the independent lab must operate in a manner that is completely separate from the refiner. This means that, in fulfillment of the independent sampling and testing requirements, the independent lab may not use the…