Learn the Issues
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If an obligated party (a refiner) imports non-denatured ethanol and denatures it, is the refiner considered a renewable fuel producer and is the refiner obligated to establish RIN numbers and file quarterly reports for the ethanol it denatures?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The party would be identified as a renewable fuel importer rather than a renewable fuel producer, and would need to establish RIN numbers and file reports required of an importer. The party in this example would also be required…
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If an importer registers in a PADD, may the importer use a starting point other than zero, within the range of valid batch numbers, for generating the sequential batch numbers at each of its import facilities?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes. As long as no batches are assigned duplicate numbers this would be acceptable. (7/1/94) This question and answer was posted at
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If a party buys a batch of ethanol, and through testing determines that the ethanol is synthetic (non-renewable), what happens to the RINs?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. If a volume of renewable fuel for which RINs have been generated is found to not be a valid renewable fuel under the RFS program, then the associated RINs are likewise deemed invalid. See regulation Section 80.1131. If a…
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If one company acquires foreign product in transit, then sells it to a second company while still in transit, who is the importer?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The importer is the party identified above, the party primarily liable for payment of duties for Customs purposes when the gasoline enters the United States. (7/1/94) This question and answer was posted at
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If an oxygenate blender adds oxygenate only to conventional gasoline downstream of the refinery, please confirm that the oxygenate blender is not considered a "refiner" and therefore is not subject to record keeping, reporting, or attest engagement requirements.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. This party would not be considered a "refiner" for purposes of the anti-dumping requirements, and is not required to meet the anti-dumping requirements specified in the question. (7/1/94) This question and answer was posted at
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If a party identifies RFG that is out of spec for a downstream standard, and the party wants to bring the gasoline back into spec by blending it with other RFG or with blendstock, must the party be registered with EPA as a refiner, and must the party meet all the requirements that apply to refinery operations for this blending activity?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. If RFG at a location downstream of the refinery or import facility level is found to violate a downstream standard, a violation of the RFG requirements has occurred for which various parties will be liable, and for which penalties…
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If the oxygenate program remains in effect in California after CARB fuel in 1996, would we still need to identify the type and amount of oxygenate to meet the oxygenated program transfer document requirements? or will we be exempt for these record keeping/transfer document requirements?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. With regard to RFG product transfer documentation requirements as applied to California gasoline, § 80.81(c)(9) of the regulations exempts California gasoline (as defined in § 80.81(a)(2)) produced or imported subsequent to March 1, 1996 from the product transfer documentation…
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If re-transmission is necessary due to fault on EPA's part, why won't EPA pay for re-transmission?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. EPA will take all reasonable steps to properly maintain equipment, services, and testing necessary to effectively and reliably send and receive documents via EDI. Although EPA is unable to pay for re-transmission costs, we will exercise the highest degree…
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If a refiner elects to use composite sampling and testing as provided for in the regulations, may the refiner use composite sampling for one parameter and perform the required tests for the other relevant properties?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Section 80.101(i) requires refiners to separately sample each batch of gasoline and blendstocks that are included in anti-dumping compliance calculations, and either separately analyze each sample, or under § 80.101(i)(2), analyze a volume-weighted composite of the samples collected up…
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If a refiner produces "specified RBOB" for 3.5% oxygenate (for example, 10% vol EtOH) blending, and an oversight program shows that the downstream blender is adding less than 10% EtOH, who is liable for a compliance violation? Is there a violation at all at all if the actual finished blend still meets the RFG specs? For example, if RBOB is formulated to meet RFG with 8% EtOH, but the refiner sells it as "10% EtOH" RBOB (and uses the 10% in the calculation of its non-oxygenate parameters) to encourage maximum ROXY credits, does an actual blend with 8% EtOH cause a violation?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. If the downstream oxygenate blender is adding oxygenate in amounts other than that specified by the refiner of the RBOB, the blender would be liable for a violation of the regulations regardless of whether the gasoline meets the downstream…
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If a refiner produces gasoline at the direction and to the specifications of a distributor who will ultimately purchase it, and a violation is discovered at the refinery, will both parties be jointly and severally liable for the violation? How can the distributor protect itself against liability for violations that occur at the refinery?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. In a case where a refiner produces gasoline to specifications that are set by a distributor, and where that gasoline does not meet applicable refiner-level standards, the refiner who actually produces the gasoline clearly would be liable for the…
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If a refiner of RBOB elects to engage in a quality assurance sampling and testing at the non-proprietary blender's facility by contractual provision, can the refiner contract for a third party to perform the quality assurance sampling and testing? If so, can the third party contract to assume the refiner's liability in case the quality assurance program is deficient or ineffective and leads to violations of the applicable standard?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The refiner could meet the quality assurance sampling and testing requirement through sampling and testing carried out by a third party, although this third party could not be the oxygenate blender. The refiner would be liable, however, for any…
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If a refiner sends RFG to an intermediate party who inadvertently sends it to a region with stricter parameters, is the refiner liable provided the refiner otherwise meets all the elements of its defense?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. In a case where a party (Party A) delivers RFG to another party (Party B), and the gasoline when delivered meets all applicable standards and is accompanied with product transfer documents as required under § 80.77 that inform Party…
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If a terminal imports off-spec kerosene (higher than 15 ppm), terminal operators are planning to blend the kerosene with diesel fuel so that the ultimate diesel fuel leaving the terminal gate and entering into commerce meets the 15 ppm standard. Would EPA please confirm that this process is permissible for an importer?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. The regulations at § 80.525(d) state that kerosene that a kerosene blender adds, or intends to add, to motor vehicle diesel fuel subject to the 15 ppm sulfur standard must meet the 15 ppm sulfur standard. Section 80.521(b) allows…
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Is independent sampling and testing required of a refiner who has an in-line blending program?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Refiners who produce RFG using computer controlled in-line blending, and who have received an exemption from EPA from independent sampling and testing, are not required to conduct independent sampling and testing of RFG produced with this blending operation. The…
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With the industry average level for sulfur, has the EPA seen any problems with their OFID instrumentation? The understanding is that small levels of sulfur kills the catalyst used in this application resulting in much downtime and a calibration drift over time.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. We have not experienced this problem. We believe the latest catalysts are very sturdy. (7/1/94) This question and answer was posted at
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Is it correct that the regulations do not prohibit the mixing of RFG with conventional gasoline for sale outside RFG covered areas?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes, provided the resulting gasoline is not sold as RFG and the procedures discussed in question 1 of the remedies section are followed. (7/1/94) This question and answer was posted at
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On the island of Puerto Rico there is no opportunity for transporting a conventional gasoline to an area requiring reformulated gasoline except by ship or barge. Can the PTD and record keeping requirements downstream of the refiners and importers be eliminated in this instance?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. No. All PTD and record keeping requirements apply to the Island of Puerto Rico. The most appropriate way to comply with the PTD requirements is to include the information required by § 80.77 and § 80.106 on documents that…
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Is it correct that the regulations do not prohibit the mixing of ETBE RFG and MTBE RFG at any point in the distribution system?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. Yes, provided the segregation restrictions in section 80.78 are met. (7/1/94) This question and answer was posted at
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Is it legal for a retail outlet or wholesale purchaser-consumer facility to commingle RFG which meets the "substantially similar" requirements (e.g., a 15% MTBE blend) with RFG which is produced under a § 211(f) waiver (e.g., a 10% ethanol blend)? Similarly, is it legal for a retail outlet or wholesale purchaser-consumer to commingle conventional gasoline which meets the "substantially similar" requirements with conventional gasoline produced under a § 211(f) waiver? The concern is that the resulting mixture, as dispensed from the pump, would not comply with the substantially similar criteria or one of the waivers.
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help. It is not a violation of the RFG regulations to commingle two legal RFG products at a retail outlet or wholesale purchaser-consumer facility, or a violation of § 211(f) to commingle two legal conventional gasolines at a retail outlet…