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• Hot Work Definition and Requirements

  Facilities subject to the Program 3 Prevention Program requirements in 40 CFR Part 68 must include in their Risk Management Plan the date of the most recent review or revision of hot work permit procedures in Section 7.13. What is considered hot work and what are the requirements related to…

  • Last published: May 26, 2024

• Do I have to conduct incident investigations of releases resulting from theft?

  The incident investigation provisions of 40 CFR Part 68 (§§68.60 and 68.81) require facilities to investigate incidents that resulted in or could reasonably have resulted in a catastrophic release. Are covered facilities required to perform incident investigations of releases resulting from theft of covered substances, such as anhydrous ammonia? If…

  • Last published: May 26, 2024

• Do Program 1 processes have to complete a process hazard analysis?

  Do owners or operators of Program 1 processes have to complete a process hazard analysis? No. The Program 1 requirements do not include a process hazard analysis (40 CFR §68.12(b)). Program 3 processes require completion of a process hazard analysis (40 CFR §68.12(d)(3)) while Program 2 processes must complete a…

  • Last published: May 29, 2024

• Is a hazard review synonymous with a process hazard analysis (PHA)?

  The prevention program requirements under 40 CFR Part 68, Subparts C and D, include hazard reviews and process hazard analyses. Is a hazard review synonymous with a process hazard analysis (PHA)? No. A hazard review is different from a PHA. A hazard review is part of the Program 2 prevention…

  • Last published: May 29, 2024

• How often must compliance audits be performed?

  How often must owners or operators of stationary sources subject to the risk management program regulations perform compliance audits? The regulations at 40 CFR §§68.58(a) and 68.79(a) state that owners or operators must certify that they have evaluated compliance with the applicable prevention program provisions at least once every three…

  • Last published: May 28, 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