Title 40
SECTION 80.128
80.128 Alternative agreed upon procedures for refiners and importers.
§ 80.128 Alternative agreed upon procedures for refiners and importers.Prior to the attest report for the 2006 reporting period, the following minimum attest procedures may be carried out for a refinery or importer, in lieu of the attest procedures specified in § 80.133.
(a) Read the refiner's or importer's reports filed with EPA for the previous year as required by §§ 80.75, 80.83(g), and 80.105.
(b) Obtain a gasoline inventory reconciliation analysis for the current year from the refiner or importer which includes reformulated gasoline, RBOB, conventional gasoline, and non-finished-gasoline petroleum products.
(1) Test the mathematical accuracy of the calculations contained in the analysis.
(2) Agree the beginning and ending inventories to the refiner's or importer's perpetual inventory records.
(c) Obtain separate listings of all tenders during the current year of reformulated gasoline, RBOB, conventional gasoline, and non-finished-gasoline petroleum products.
(1) Test the mathematical accuracy of the calculations contained in the listings.
(2) Agree the listings of tenders' volumes to the gasoline inventory reconciliation in paragraph (b) of this section.
(3) Agree the listings of tenders' volumes, where applicable, to the EPA reports.
(d) Select a representative sample from the listing of reformulated gasoline tenders, and for this sample:
(1) Agree the volumes to the product transfer documents;
(2) Compare the product transfer documents designation for consistency with the time and place, and compliance model designations for the tender (VOC-controlled or non-VOC-controlled, VOC region for VOC-controlled, summer or winter gasoline, and simple or complex model certified); and
(3) Trace back to the batch or batches in which the gasoline was produced or imported. Obtain the refiner's or importer's internal laboratory analyses for each batch and compare such analyses for consistency with the analyses results reported to EPA and to the time and place designations for the tender's product transfer documents.
(e) Select a representative sample from the listing of RBOB tenders, and for this sample:
(1) Agree the volumes to the original product transfer documents;
(2) Determine that the requisite contract was in place with the downstream blender designating the required blending procedures, or that the refiner or importer accounted for the RBOB using the assumptions in § 80.69(a)(8) in the case of RBOB designated as “any oxygenate,” or “ether only,” or using the assumptions in §§ 80.83(c)(1)(ii) (A) and (B) in the case of RBOB designated as “any renewable oxygenate,” “non VOC controlled renewable ether only,” or “renewable ether only”;
(3) Review the product transfer documents for the indication of the type and amount of oxygenate required to be added to the RBOB;
(4) Trace back to the batch or batches in which the RBOB was produced or imported. Obtain refiner's or importer's internal lab analysis for each batch and agree the consistency of the type and volume of oxygenate required to be added to the RBOB with that indicated in applicable tender's product transfer documents;
(5) Agree the sampling and testing frequency of the refiner's or importer's downstream oxygenated blender quality assurance program with the sampling and testing rates as required in § 80.69(a)(7); and
(6) In the case of RBOB designated as “any renewable oxygenate,” “non VOC controlled renewable ether” or “renewable ether only”, review the documentation from the producer of the oxygenate to determine if the oxygenate meets the requirements of § 80.83(a).
(f) Select a representative sample of reformulated gasoline and RBOB batches produced by computerized in-line blending, and for this sample:
(1) Obtain the composite sample internal laboratory analyses results; and
(2) Agree the results of the internal laboratory analyses to the quarterly batch information submitted to the EPA.
(g) Select a representative sample from the listing of the tenders of conventional gasoline and conventional gasoline blendstock that becomes gasoline through the addition of oxygenate only, and for this sample:
(1) Agree the volumes to the product transfer documents;
(2) For a representative sample of tenders, trace back to the batch or batches in which the gasoline was produced or imported. Obtain the refiner's or importer's internal laboratory analyses for each batch and compare such analyses for consistency with the analyses results reported to EPA; and
(3) Where the refiner or importer has included oxygenate that is blended downstream of the refinery or import facility in its compliance calculations in accordance with § 80.101(d)(4)(ii), obtain a listing of each downstream oxygenate blending operation from which the refiner or importer is claiming oxygenate for use in compliance calculations, and for each such operation:
(i) Determine if the refiner or importer had a contract in place with the downstream blender during the period oxygenate was blended;
(ii) Determine if the refiner or importer has records reflecting that it conducted physical inspections of the downstream blending operation during the period oxygenate was blended;
(iii) Obtain a listing from the refiner or importer of the batches of conventional gasoline or conventional sub-octane blendstock, and the compliance calculations which include oxygenate blended by the downstream oxygenate blender, and test the mathematical accuracy of the calculations contained in this listing;
(iv) Obtain a listing from the downstream oxygenate blender of the oxygenate blended with conventional gasoline or sub-octane blendstock that was produced or imported by the refiner or importer. Test the mathematical accuracy of the calculations in this listing. Agree the overall oxygenate blending listing obtained from the refiner or importer with the listing obtained from the downstream oxygenate blender. Select a representative sample of oxygenate blending listing obtained from the downstream oxygenate blender, and for this sample:
(A) Using product transfer documents, determine if the oxygenate was blended with conventional gasoline or conventional sub-octane blendstock that was produced by the refiner or imported by the importer; and
(B) Agree the oxygenate volume with the refiner's or importer's listing of oxygenate claimed for this gasoline;
(v) Obtain a listing of the sampling and testing conducted by the refiner or importer over the downstream oxygenate blending operation. Select a representative sample of the test results from this listing, and for this sample agree the tested oxygenate volume with the oxygenate use listings from the refiner or importer, and from the oxygenate blender; and
(vi) Obtain a copy of the records reflecting the refiner or importer audit over the downstream oxygenate blending operation. Review these records for indications that the audit included review of the overall volumes and type of oxygenate purchased and used by the oxygenate blender to be consistent with the oxygenate claimed by the refiner or importer and that this oxygenate was blended with the refiner's or importer's gasoline or blending stock.
[59 FR 7875, Feb. 16, 1994, as amended at 59 FR 36969, July 20, 1994; 59 FR 39292, Aug. 2, 1994; 62 FR 60136, Nov. 6, 1997; 67 FR 8738, Feb. 26, 2002; 70 FR 74574, Dec. 15, 2005] Effective Date Note:At 59 FR 39292, Aug. 2, 1994, § 80.128 was amended by revising paragraphs (a) and (e)(2); removing “and” at the end of paragraph (e)(4); removing the period at the end of paragraph (e)(5) and adding “; and” in its place; and adding paragraph (e)(6) effective Sep. 1, 1994. At 59 FR 60715, Nov. 28, 1994, the amendment was stayed effective September 13, 1994. At 70 FR 74574, Dec. 15, 2005, § 80.128 was amended by revising paragraphs (e)(2), (e)(4) and (e)(5) and removing paragraph (e)(6); however, the amendment could not be incorporated because those paragraphs are stayed. At 71 FR 26702, May 8, 2006, § 80.128 was amended by revising paragraph (e)(2); however, the amendment could not be incorporated because that paragraph is stayed. At 72 FR 8543, Feb. 26, 2007, § 80.128 was amended by revising paragraph (a); however, the amendment could not be incorporated because that paragraph is stayed.