Learn the Issues
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Will the EPA "Spreadsheet" be revised to be considered acceptable for fuel certifications?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No. The spreadsheet was designed to provide assistance in understanding and implementing the Complex Model equations as provided in the regulations. The EPA has no authority to endorse the spreadsheet as a legal instrument of certification. Only the Federal…
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How will EDI agreements affect third parties?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. An EDI agreement will be binding only on the Agency and the cosigner of the agreement. (7/1/94) This question and answer was posted at
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How will EPA enforce their regulations in California? Will the Agency defer to the California Air Resources Board?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Prior to the start of the California Phase II RFG program in March 1996, EPA generally will enforce the federal RFG program California in the same manner in which it will be enforced in other parts of the nation…
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How will RFG impact ASTM motor fuel specifications?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Fuel marketed in RFG areas must comply with the RFG regulations. If ASTM standards conflict with the RFG regulations, The ASTM standards will, in effect, be superseded. (7/1/94) This question and answer was posted at
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I am an ethanol marketer and importer, and, although I am not certain, I may import gasoline before the end of the compliance year. Can I separate RINs from the ethanol that I purchase and import?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. In general, we believe that most RFS program participants will know at the beginning of the compliance year the nature of their business activities for the upcoming compliance period, and therefore will not need to worry about the impact…
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How will the term "tolerances" be interpreted as a practical matter by EPA as it relates to specifications? As a clarification, please respond to the following: An importer who elects to comply on a "per-gallon" (vs. averaging) basis must meet an RVP maximum specification of 8.1 during the summer months. The EPA has established a 0.30 psi tolerance for this test. Consider the hypothetical, but likely situation whereby such an importer brings a cargo of RFG into New York Harbor which was determined by an independent inspector abroad to contain 8.1 psi at load. Upon discharge at New York Harbor by another independent inspector, the cargo was found to contain 8.3 psi. This second inspector's results are later confirmed by the EPA. Is this importer in compliance, due to the fact that the product conforms, within the established tolerances to the specifications established by EPA? Does the loadport analysis have any
bearing on this matter? In the event the importer is found to be out of compliance, would he be subject to penalties under the Act? If so, would the loadport inspection certificate be construed as a satisfactory defense against an enforcement proceeding?See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. As stated in the Preamble to the Final Rule, 59 Fed. Reg. 7764, "refiners and importers may not use the tolerance to expand the applicable standard. Further, product must meet all applicable specifications when it leaves the refinery or…
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When does the independent sampling and testing requirement begin?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The independent sampling and testing requirements apply to each batch of RFG that is produced or imported, unless an in-line blending waiver has been obtained. As a result, the independent sampling and testing requirements begin for any refiner or…
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When certifying a batch of gasoline, which property data should be used (analyzer, lab, calculated, etc.)?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. When certifying a batch of gasoline, a sample that is representative of the entire batch must be taken and tested according to the regulatory test methods specified in § 80.46 of the regulations. For information on independent sampling and…
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When a GC-MS is used for analyzing total aromatics, a benzene number will be produced that is different from that produced by method D-3606-92. Which result should be used?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The result from method D-3606-92 must be used. (7/1/94) This question and answer was posted at
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When the independent lab samples a batch of RFG, they are to "determine" blending times, batch volumes, tank numbers, and grade. Which of these determinations must be independently made by the independent lab, and which can be obtained from the refiner or importer?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The independent lab may rely on the refiner's or importer's representations with regard to the date and time the batch became finished RFG, and the grade of gasoline, if this reliance is warranted in the exercise of the independent…
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What's the difference between generating a RIN and assigning it?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Generating a RIN refers to the process of creating a new RIN to represent a particular type and volume of renewable fuel. See regulation Section 80.1126(d). Assignment occurs when the producer or importer of the renewable fuel transfers a…
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When handling samples to be analyzed for oxygen and oxygenate content, section 80.46(g), what are conditions for bringing the samples to room temperature?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. There are no conditions other than to have the sample at room temperature before beginning any volumetric measurement for the analysis. (7/1/94) This question and answer was posted at
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For areas not required to use RFG, do states have the ability to set ASTM performance specifications and any volatility allowances from those specifications for ethanol blended fuels?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Areas not required to use RFG are subject to the conventional gasoline and federal volatility regulations. States may not set ASTM performance specifications for characteristics or components that are controlled or prohibited by these federal regulations, subject to approval…
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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…