Frequent Questions

If XYZ Refining has a branded retailer who independently owns his/her XYZ Gas Station, does XYZ Refining have a duty to test ULSD at XYZ Gas Station?

A branded refiner is not required to test gasoline at its branded retail outlets whether or not the retail businesses are owned by independent third persons. However, under § 80.612, branded refiners are liable for violations at branded retail outlets. Under § 80.613, for branded refiners to establish a defense to such violations, it must, among other things, show that it has a periodic sampling and testing program at the branded retail outlets.

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