Learn the Issues
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Does EPA agree that the California Exemption section of the RFG rule facilitates using the complex model for anti-dumping with the Commencement of CARB Phase 2 RFG effective 3\1\96?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Section § 80.41(i) of the federal regulation requires that during each calendar year 1995 through 1997 any refinery or importer shall be subject to the simple model standards or the Phase I complex model standards, at the option of…
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Since ethanol use is expected to surpass the mandated EPAct levels, is there any mechanism available to EPA to allow compliance on a national collective basis, as was done under the 2006 default rule?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No. The Energy Policy Act included a specific default provision for 2006 that was to go into effect if the RFS program regulations were not in place. That provision was expressed in general terms, allowing EPA to structure the…
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EPA has stated that the transferor "must provide to the transferee... product transfer documents." On an import the transferor is a foreign entity presumably not subject to our laws. How do we ensure that the foreign refiner provides all information? As importers are we to generate it ourselves?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Foreign refiner are not subject to the PTD requirements, unless they are also importers. Importers are required to provide PTD information to all parties to whom they transfer title or custody of RFG, RBOB or Conventional gasoline. (8/29/94) This…
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Explain the volume determination requirement for independent labs.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Section 80.65(f)(3)(i)(B) requires the independent lab to determine the volume of each RFG batch that is sampled. EPA expects the independent lab will determine the volume of a RFG batch in the same manner gasoline volumes currently are determined…
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The final rule on page 23909 (Federal Register, volume 72) states that any non-obligated party that takes ownership of the renewable fuel with RINs will be required to transfer those RINs with a volume of renewable fuel. Does this refer to oxygenate blenders?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No, as long as the blender actually blends the renewable fuel into gasoline or diesel. In that case, the blender would be required to separate the assigned RINs from the blended renewable fuel, and could then transfer the RINs…
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The following is a two-part question: a. We are a petroleum refiner and recognize that we are an obligated party under the regulation. We are considering importing ethanol that has not been denatured. We will hold title to the un-denatured ethanol. Title and custody will pass to another party who will denature the ethanol and transfer title back to us. We will sell it for use as a motor fuel. Are we an importer of renewable fuel under the RFS program? b. How would RINs be generated?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. A. Un-denatured ethanol is not a renewable fuel. See 80.1101(d)(3). Under the described scenario, the party to whom custody is transferred and who denatures the ethanol would be producer of the renewable fuel. B. Under the described scenario, RINs…
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The federal oxy fuels program requires transfer documents to contain oxygen type and oxygen weight % and volume % information on each oxy gasoline movement. The RFG program requires a min/max oxygen statement which essentially duplicates the oxy program requirements. Is it sufficient to print the RFG required message rather than both the oxy program and RFG program messages?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The winter oxygenated fuels programs are state, not federal, programs. There are no federal oxy transfer document requirements, merely federal guidance to the states. Generally, the state winter oxy fuels programs do not have product transfer requirements. (7/1/94) This…
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Since gasoline produced or imported for use in California on or after March 1, 1996 is not subject to the anti-dumping requirements, will all such gasoline be subject to the RFG requirements even if this gasoline is to be used outside to the RFG area?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. This question indicates a misunderstanding of the nature of the enforcement exemption for California gasoline at § 80.81. This exemption is from certain requirements intended to demonstrate compliance with the RFG and anti-dumping requirements, such as independent sampling and…
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Given that the number of surveys required in later years (after 1995) will, in part, be determined by survey failures, when will EPA announce the adjusted number of required surveys for 1996 (or subsequent years)? How can a survey plan be submitted by September 1, 1995, if the adjusted number of surveys for 1996 is not known?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The survey plan will have to take into account whatever contingencies may occur. Any change in the total number of surveys which may be triggered by areas "passing" or "failing" surveys (see section 80.68(b)(2)(ii)) will not result in any…
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In general, how are the properties determined for blendstocks that fall outside the scope of the regulatory methods?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Some gasoline blendstocks have properties that cause them to fall outside the scope of the regulatory methods. If properties need to be obtained for these blendstocks, they must be determined by a different route, that being an interpolation based…
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Has EPA issued guidelines for security and audit procedures for electronic recordkeeping systems?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No. The Agency does not plan to issue such guidelines. EPA recommends that recordkeeping systems be audited by an independent auditing firm to verify the efficacy of security and audit controls. (7/1/94) This question and answer was posted at
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How and when will refiners and gasoline distributors be notified of new areas which opt-in to the RFG program? How much advanced notice will be provided?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. New areas electing to opt-in to the reformulated gasoline program will be announced in a Federal Register notice. (7/1/94) This question and answer was posted at
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How is data excluded, i.e., are there statistically abnormal requirements, like 3 standard deviation?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. There are no specific provisions in the regulation for excluding data. If a submitter feels data should be excluded, they must petition for EPA approval. (7/1/94) This question and answer was posted at
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How do we handle results from two different labs (refinery and outside) which differ?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Technical and engineering judgment must be used to develop an explanation for and/or solution to the discrepancy. This explanation/solution must be supported by the baseline auditor, and is subject to EPA review and approval. (7/1/94) This question and answer…
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How do you certify a splash blended batch before proper mixing occurs (where mixing occurs during transport)?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. An oxygenate blender "certifies" RFG produced by combining RBOB with oxygenate by adding the proper type and amount of oxygenate. In the case of an oxygenate blender who meets the oxygenate standard on a per-gallon basis, the oxygenate blender…
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How does an auditor verify computer data if no hard copies exist?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The only option is to make do with the data available. If it seems clear to the auditor that data is in error or otherwise false but this cannot be verified, that data should be excluded from the calculations…
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If foreign product is acquired by an importer through an exchange agreement instead of a sale, does it change identification of the importer for RFG reporting purposes?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No. The person who is the importer of record for Customs purposes should be the importer for RFG purposes, and this is usually the gasoline owner, regardless of how that ownership was acquired. (7/1/94) This question and answer was…
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If I am registered for the RFS program, do I have to receive RINs with the renewable fuel I purchase?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Being registered for the RFS program does not mean that a party must receive RINs with the renewable fuel they purchase. Being registered for the RFS program means that a party is eligible under the regulations to receive RINs…
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If an importer has more than two import terminals, may the importer of record elect "per gallon" compliance for some import terminals and "average" compliance for other import terminals, or must all imported RFG be designated consistently?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. All RFG must be designated consistently. For each of the RFG parameters, an importer must elect compliance on either a per-gallon basis or an average basis. These elections apply to all of the importer's facilities. (7/1/94) This question and…
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Superfund Sites with Commercial Reuse
Commercial reuse of formerly contaminated properties refers to on site commercial activities related to retail shops, office buildings, restaurants, or other businesses.