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• What is a reactive and non-reactive solid EHS?

  Reactive solid means any extremely hazardous substance denoted with “a” in the “Notes” column in Appendix A or B of 40 CFR 355. Reactive solids are more likely than other solids to be dispersed into the air due to the energy or heat created from their reactivity with water or…

  • Last published: April 9, 2024

• How did states form their SERCs?

  How are States expected to form their State Emergency Response Commission (SERC) as required under Title III? States are required to establish a State Emergency Response Commission (SERC) under Title III. The SERC may consist of existing emergency response organizations or may be an entirely new mechanism to address this…

  • Last published: April 9, 2024

• Pesticide applicator quantity applied to threshold or transportation exemption

  A farmer contracts with an applicator to spray pesticides on his fields. The applicator drives a tank truck onto the farmers' field and sprays the pesticide from the truck onto the fields. For purposes of Section 302 emergency planning requirements, are the EHSs in the truck considered present at the…

  • Last published: May 8, 2024

• State refusing to comply with the emergency planning provisions

  What will happen if a State refuses to comply with the emergency planning provisions? A governor who does not designate a State emergency response commission becomes the commission by default. While the governor could choose not to fulfill any of the Title III provisions, the public could still request information…

  • Last published: May 8, 2024

• Section 302 notification requirements and mixtures with unknown components

  Are facilities exempt from Section 302 notification requirements if they produce, use, or store mixtures whose extremely hazardous substance component information is not available on the MSDS provided by the manufacturer? If the facility which produces, uses, or stores mixtures knows or reasonably should know the components of the mixture…

  • Last published: May 8, 2024

• If RFG is shipped from a refinery to a terminal through a proprietary pipeline system, may the pipeline rely on the refinery and terminal test results to satisfy the quality assurance defense element?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . In a case where EPA documents a downstream standard violation at a proprietary terminal that is served only by a proprietary pipeline that receives gasoline only from a proprietary refinery, the company that owns the refinery, pipeline and…

  • Last published: July 10, 2024

• If, due to piping constraints, a refiner must put a purchased or inter-refinery transferred batch of finished gasoline through the refinery blendstock system, but does so without the batch losing integrity, must the refiner include the batch in his compli

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . No. As per § 80.65(i) of the regulations, any refiner, importer, or oxygenate blender shall exclude from all compliance calculations, the volume and properties of any RFG that is produced at another refinery or oxygenate blending facility, or…

  • Last published: July 10, 2024

• 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…

  • Last published: July 10, 2024

• 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…

  • Last published: July 10, 2024

• If terminals utilize the services of outside laboratories for periodic sampling and testing, how can the terminal limit exposure to liability in the event non-complying product from the tested tank(s) leaves the terminal during the three or four days befo

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . A terminal-distributor's release of RFG that does not meet applicable standards would constitute a violation of § 80.78(a)(1) for which the distributor would be liable, and it would not be a defense if the violation was caused by…

  • Last published: July 10, 2024

• If a pipeline must be classified as a refiner, how would that be handled administratively by EPA? Since pipelines don't own the product, would pipeline have to become buyers and sellers for regulatory purposes?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Refiners must be registered with EPA. The pipeline need not be an owner of the gasoline to be a refiner.(7/1/94) This question and answer was posted at Consolidated List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July…

  • Last published: July 11, 2024

• What are the sampling and testing requirements for terminal blenders (barges, trucks and pipelines)?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . If the facility's activities fit the definition of a refiner, it would have to sample and test each batch of gasoline as required under § 80.65(e). If its activities fit the definition of an oxygenate blender, it would…

  • Last published: July 11, 2024

• What are the requirements for retailers in the covered areas?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Retailers are subject to certain controls and prohibitions on reformulated gasoline as provided in § 80.78 of the regulations, such as meeting downstream standards, not selling conventional gasoline in RFG areas, selling VOC-controlled gasoline for the proper VOC…

  • Last published: July 11, 2024

• What information needs to be included on RBOB product transfer documents? Is any information about min/max's required?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The PTD requirements pertaining to RBOB can be found in § 80.77. They include the type of RBOB and the type and amount of oxygenate to be added as well as the min/max's for benzene and RVP, for…

  • Last published: July 11, 2024

• Who accounts for blending operations that take place in leased storage facilities?

  See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . Under the regulations, a refiner is any person who owns, leases, operates, controls, or supervises a refinery. As indicated above, an oxygenate blender is any person who owns, leases, operates, controls, or supervises an oxygenate blending facility, or…

  • Last published: July 11, 2024