Learn the Issues
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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…
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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…
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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
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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Must downstream parties with their own labs use an independent lab for quality assurance sampling and testing?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Parties may use their own lab, an independent lab, or another party's lab in fulfillment of the quality assurance program defense element. Regardless of which lab does the work, however, the burden remains on the party who is presumed…
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Must the independent lab use the same brand and model of equipment as the refinery lab?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Both the refiner's and the independent lab must use the RFG analyses methods specified in § 80.46, but this section does not specify particular brands or models for the testing equipment. Note that in the case of oxygen and…
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Must a refiner identify a single independent lab for each refinery?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes. Although an independent lab may use a substitute lab for certain tasks, a refiner is required to name a single independent lab for each refinery. It is this independent lab with which EPA will communicate regarding the independent…
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Must oxygenate be added to RBOB downstream of the refinery?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes. Oxygenate must be added to RBOB in the proper type and amount regardless of where it is sold. Specifically, section 80.77(a)(7) prohibits any person from combining RBOB with any other gasoline, blendstock, or oxygenate except oxygenate of the…
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Must refiners defer to regulatory references to blendstock produced on a batch basis, as all blendstocks made by refiners are produced from continuous processes (even purchased blendstocks are received at regular intervals and are typically blended on a fairly uniform basis)?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes. Even continuous streams are only measured periodically and it would be best to apply the measurements to the volume produced most closely to the time of the measurement. In other words, break up the continuous stream into discrete…
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Our practice is for each tank to be a batch and we test that tank once even though it may be used to supply several distribution systems. If several tanks are required to make up a pipeline tender, each tank is tested separately and the separate certificates of analysis provided to the pipeline. Will this practice still be acceptable?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes. Moreover, EPA believes that each separate tank of produced gasoline must be a separate batch, and that gasoline produced and contained in more than one tank may not be treated as a single batch. (7/1/94) This question and…
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Since other ASTM methods are being developed that would allow use of one analyzer to obtain benzene, aromatics, and olefins, will EPA allow any of these new methods to be used in reformulated gasoline certification and/or a refiner's defense?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. A refiner that intends to distribute RFG must certify that product using the test methods prescribed in the Final Rule. However, a refiner performing quality assurance testing downstream of the refinery may use other test methods provided these methods…
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By our reading of the regulations, the only reporting required of the oxygenate blender who elects to comply with the oxygen standard on a per gallon basis is a yearly report due the last day of February of each year (beginning in 1996) that states the total volume of RFG produced along with the certification statement. Is our interpretation correct? Are we correct in assuming that batch numbers and individual batch data are not required as part of the report?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Your interpretation is correct. (10/31/94) This question and answer was originally posted at