Retailers are not required to perform testing in order to have a defense to presumptive liability. However, to establish a defense to a violation distributors must, among other things, conduct a periodic sampling and testing program. For a truck distributor, the best place to take samples may often be the tanks of retail outlets it delivers to. Retailers should probably sample and test after tank transition from a higher sulfur product to 15 ppm product, to confirm that the fuel in the tank is meeting the 15 ppm standard. Otherwise, if a violation is detected for some time subsequent to a tank transition, it may be difficult for the retailer to demonstrate that it did not cause the violation.
Question and Answer was originally posted at http://www.epa.gov/otaq/diesel/documents/420b06010.pdf
Please elaborate on fuel tests at retail- what frequency would be recommended?
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