A terminal acting merely as a distributor or carrier is not required to wait for lab results before shipping diesel fuel. The regulations provide that, like other downstream parties, to establish a defense to presumptive liability a terminal must have a quality assurance program that includes sampling and testing, as one element of its defense to presumptive liability.
Question and Answer was originally posted at http://www.epa.gov/otaq/diesel/documents/420b06010.pdf
Will a terminal have to wait for lab results before it can ship product to the rack or another pipeline?
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