What options for meeting the importer requirements are available to an importer who imports gasoline into the United States by truck? How does such an importer meet the every-batch sampling and testing requirements, since every truck (or truck compartment) would be considered a separate batch?
A party who imports RFG into the United States must meet all importer requirements for each batch of imported RFG, including those involving sampling and testing, independent sampling and testing, record keeping, reporting, and attest, regardless of the mode of transportation for the RFG when imported.
An importer who imports conventional gasoline (but not RFG) into the United States by truck may meet the importer sampling and testing requirements by:
1. Importing conventional gasoline that meets the anti-dumping standards, specified at § 80.101(b), on an every-gallon basis.
a. The standards may be met separately for "summer" gasoline and for "winter" gasoline, based on the baseline applicable to the importer for these two periods. Any gasoline with an RVP that is equal to or less than 9.0 psi and is intended for use during the period May 1 through September 15 must be considered "summer" gasoline, and all other gasoline must be considered "winter" gasoline. In the alternative, the standards may be met for all gasoline throughout the year on the basis of the annual baseline applicable to the importer.
b. In the case of an importer who is subject to the statutory baseline, the "summer," "winter," and annual baseline values are specified at § 80.91(c)(5).
2. Demonstrating that every gallon of imported gasoline meets the anti-dumping standards, through test results from the truck-loading terminal that is the source of gasoline for import into the United States.
a. The gasoline at the truck-loading terminal must be tested for each applicable parameter specified under § 80.65(e)(2)(i), using the test methods specified under § 80.46.
b. The importer must obtain a copy of the terminal's test results for each truck load of gasoline that is imported into the United States.
3. Treating each truck load of imported gasoline as a separate "batch" for purposes of assignment of batch numbers under § 80.101(i), record keeping under § 80.104, and reporting under § 80.105, although the batches over a one month period may be combined into a single "batch" under the terms of § 80.101(i)(2).
4. Conducting a program of periodic quality assurance sampling and testing over the gasoline obtained from each truck-loading terminal, to ensure the accuracy of the truck-loading terminal's test results.
a. The quality assurance samples must be obtained from the truck-loading terminal by the importer, and the date of sample collection must not be known in advance by the terminal.
b. The importer must test each sample (or use an independent lab to test the sample) for the parameters specified under § 80.65(e)(2)(i) using the test methods specified under § 80.46, and the results must correlate with the terminal's test results within the ranges specified under § 80.65(e)(2)(i).
c. The frequency of quality assurance sampling and testing must be at least one sample for each fifty trucks loaded by the importer at a terminal, or one sample per month, whichever is more frequent.
5. The importer must include the testing and quality assurance testing specified in this answer in the annual attest engagement, and attest engagement report, required under § 80.105(c) and §§ 80.125 through 80.130.
6. EPA inspectors or auditors must be given full and immediate access to the truck-loading terminal and any laboratory at which samples of gasoline collected at the terminal are analyzed, and be allowed to conduct inspections, review records, collect gasoline samples, and perform audits. These inspections or audits may be either announced or unannounced.
(8/29/94)
This question and answer was posted at List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July 1, 1994 through November 10, 1997 (pdf)