Frequent Questions

If an entity, for a facility (as those terms are defined in 40 C.F.R. § 80.502), chooses a single registration number for its refinery, pipeline, and terminal (thus creating an ?aggregated facility?), does this mean that in the event of finding product i

It is dependent on the type of violation. For volume balances, liability falls on the entity in relation to its facility. The volume balance is calculated over the entire aggregated facility that is registered, and the entity that registered the facility will be subject to the penalty. For other violations (such as violations of the applicable sulfur level of a batch of fuel), the liability is not limited. The fact that the terminal is aggregated with a pipeline and refinery for volume balance purposes is only relevant to this violation because it means, by the definition of an aggregated facility, that the entity has custody of the fuel at all locations. However any other entity or person who takes custody of the fuel may also be subject to presumptive liability.

Question and Answer was originally posted at http://www.epa.gov/otaq/diesel/documents/420b06010.pdf
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