Can product codes satisfy the product transfer documentation requirements set forth at 40 C.F.R. 80.1503(a)?

EPA believes that parties normally are able to meet the product transfer requirements by including the required information in the documents that the parties currently use to memorialize the transfer of title or custody of the gasoline.

Product codes that are currently used by parties upstream of ethanol blending facilities may be used to fulfill the product transfer documentation requirements set forth in 40 C.F.R. 80.1503(a), provided that:
1) they include all of the information required by the regulations;
2) they are standardized throughout the distribution system in which they are used; and
3) downstream parties (transferees) are given sufficient information to know the full meaning of the codes.

EPA does not require or prescribe any specific means for giving downstream parties sufficient information to know the meaning of the product codes. However, the transferor remains liable if in a given case a transferee has not received adequate information to understand the product codes. Product transfer codes may not, however, be used for transfers to truck carriers, retailers, or wholesale purchaser consumers.