In the definition of facility, can a common carrier pipeline be aggregated with any other non-common carrier terminals if they are all owned by the same parent company?
Yes, if certain conditions are met. First, a single entity, in this case, the parent company must maintain custody of the fuel at all times in the aggregated facility (i.e. the parent company must maintain custody at all subsidiary/leased terminals defined as part of that aggregated facility).
If the parent company/entity fails to maintain custody of the fuel at any point, that point cannot be considered part of the aggregated facility. In addition, the choice to treat places as aggregated or separate facilities may not be changed by the entity during any applicable compliance period. If a refinery is part of the aggregated facility, the common carrier pipeline may not be included as part of the aggregated facility.
Question and Answer was originally posted at Questions and Answers on the Clean Diesel Fuel Rules (PDF)(135 pp, 888 K, EPA420-B-06-010, July 2006, About PDF)