Q: I am an end user. How do the NRLM rules affect me? |
A: If you are a wholesale purchaser consumer then you need to label tanks by June 1, 2007 (The labels required as of June 1, 2006 in 80.570 will suffice). If you are in the Northeast/Mid-Atlantic (NEMA) area, you need to transition your storage tanks to 500 ppm by October 1, 2007. If you are outside of the NEMA area, then you need to transition your storage tanks to 500 ppm by October 1, 2010. WPCs must also maintain product transfer documents.
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Q: Currently we have off-road tanks labeled may exceed 500 ppm sulfur. Our on-road tanks are labeled ultra low sulfur 15ppm sulfur maximum. Do we need to change these labels in June? |
| A: If the fuel is labeled properly, accurately reflecting the fuel in the tank and states the use for that fuel – you do not need to change the labels in June. |
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Q: Will marinas in South Carolina be mandated to sell LSD as opposed to HSD to recreational boats even if they still have access to a supply of HSD? I noticed in a release by OPIS, that South Carolina was excluded (as were GA & FL) on the list of states needing to comply by the 1, October retail date.
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A: Not until 2010. The requirement to sell 500 ppm diesel fuel downstream this year applies only in the Northeast/MidAtlantic (NEMA) region. Effective date is Oct. 1, 2007.
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| Q: Can the electric utility companies in Hawaii use HSD to operate their electric generators? |
| A: If the diesel engine is being used to generate electricity, then 500 ppm sulfur is required as of June 1, and by 2010, 15 ppm will be required. Turbines in Hawaii require 500 ppm for utility boilers. |
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| Q: Where can we find definitions for "home heating oil" "marine", etc? |
| A: See Section 80 of the electronic code of federal regulations for the definitions applying to all fuel programs, and 80.502 for all diesel regulations here. |
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| Q: In the NE/MA area, where only ULSD is available at the terminal, can heating oil and ULSD be blended to make 500 ppm? |
| A: As long as the fuel is sold as NRLM and not as highway fuel. |
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| Q: Can you clarify the following regulatory citation found in 40 CFR 80.590(6)(i)"The facility registration numbers of the transferor and transferee, for terminals and all parties upstream, under 80.597, if any.” Does this mean that the PTD has to include all registrations of upstream facilities that handled the regulated fuel. |
| A: No, only the two parties involved in the hand-off of the fuel. |
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| Q: Some refineries that use diesel fuel additives require that the additive contain a marker in order to insure that the fuel has been properly treated. How will the use of these types of markers affect the marker restrictions for ULSD and NRML fuels? |
| A: They won’t. As of June 1, 2007, EPA requires that heating oil contain a solvent yellow 124 marker. It will have no impact on other markers. |
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| Q: After Oct. 1, if I am a customer outside NE/MA area, is it true that I can only buy HSD for non-road from a supplier with credits or a small refiner? |
| A:
Yes, only small refiners or suppliers with credits can make the HSD. |
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| Q:
Are there any circumstances where a refiner producing 15 ppm NRLM would be required to identify it as 500 ppm NRLM (ie shipping directly from a refinery rack?) |
| A: The 15 ppm NRLM designation can not be used until June 1, 2009. It is linked to the first date when credits can be generated for producing 15 ppm NRLM. |
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| Q: Outside the NE/MA area, will high sulfur NRLM be allowed to be sold at the rack level beyond June 1, 2007? |
| A:
Yes. |
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| Q: Is there a requirement for heating oil sulfur limits to be listed on PTDs, currently and after June 1, 2007? |
| A: No, not if the PDT says “heating oil.” However, there might be a state requirement for sulfur levels to be listed. |
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Q: EPA has mentioned the possibility of "significant penalties"" for label violations. Can EPA quantify the order of magnitude of these penalties in dollars? |
| A: There is a $500 non negotiable fine for pumps dispensing ULSD that are not labeled, and if pumps that are unlabeled are supposed to be dispensing ULSD but are selling LSD the fine is $1,000. Note: If the tanks can pump from either side, then both fronts and backs must be labeled. Labels must be where the meters are. |
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Q: If a terminal outside NE/MA has HSD in their tanks post June 1, 2007 and receives NRLM until July 31....can the product in the tank sell as NRLM product?
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| A:
Yes, until 2010, but the product must be appropriately labeled. |
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Q: Can a bunker supplier that sells marine gas oil to ocean going vessels supply high sulfur diesel in the NE/MA area?
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| A:
No, it must be 500 ppm. |
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Q: Outside the NE/MA area, can an importer import high sulfur diesel?
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| A:
No, all refiners and importers must meet the 500 ppm requirement for NRLM as of June 1, 2007 . Only exception is small refiners or refiners using credits. |
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| Q: Will Colonial Pipeline continue to ship 88 grade into the NE/MA region after June 1? |
| A: Yes. It may be difficult to support heating oil south but north of Greensboro Colonial will support the 88 grade. |
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| Q: Will Colonial Pipeline continue to ship HSD into the N.C., VA., and northern markets? |
| A: Colonial will continue to ship heating oil into the northeast markets. Due to the regulation carving out the marker exemption area, Colonial does not expect any high sulfur NRLM to be shipped to those markets since the high sulfur NRLM is not marketable in the exemption area. |
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| Q: Could you please tell me about asphalt plants, can they still fuel loaders and equipment out of the burner fuel? |
| A: No, they can not use heating oil after June 1, 2007.
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| Q:
Can railroads inside the NE/MA use HSD after June 1? |
| A: A railroad may fuel with HSD outside of the NE/MA but any fuel purchased inside NE/MA has to be 500 ppm NRLM.
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| Q: What if I plan on having 500 ppm on June 1 and 15 ppm sometime after June 1, but before Oct 15, 2006? |
A: You will need to label all pumps with the 500 ppm decal until you have 15 ppm. You will then need to
re-label the 500 ppm pump with the 15 ppm decal. |
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| Q: Does a fleet need to label its fuel pump if the pump is used only to fuel its own trucks? |
| A: Yes, a fleet is considered a wholesale purchaser-consumer under EPA regulations. Therefore their dispensers which are connected to either above or underground storage tanks must be labeled. |
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| Q: Do I have to label diesel fuel pumps that sell diesel for non-highway uses? |
| A: Yes. Under EPA rules, ALL diesel pumps must be labeled on June 1, 2006. Off-road pumps need labels that are affixed until May 31, 2007. They must state that the is for non-highway use, may exceed 500 ppm sulfur, is prohibited in on-road vehicles and may damage their engines. |
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| Q: If I have a kerosene pump does it have to be labeled. |
| A: Yes. Starting June 1 all pumps dispensing any distillate fuel for motor vehicles or nonroad must be labeled. See 80.570(c). |
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| Q: Are OPIS pump decals certified by EPA? |
| A: EPA doesn’t certify decals, however, EPA officials within the Office of Transportation and Air Quality (OTAQ), have reviewed both the language and size of the OPIS decals and stated in writing to OPIS that the decals meet EPA labeling requirements. |
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| Q: What if my station is in California? |
| A: You do not have to label your diesel fuel pumps because only ultra low sulfur diesel will be available in California for on- or off-road use. EPA will soon issue an exemption from the labeling requirements to California. The state's Division of Measurement Standards, which oversees labeling requirements, in the meantime won't enforce the diesel labeling rules. |
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| Q: What if my fuel is dispensed into my truck from two pumps - - a master and a satellite pump? Do both pumps need to be labeled? |
| A: Yes, the labeling rules say that every diesel dispenser needs to be labeled. |
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| Q: If I supply diesel fuel to the boating industry, do my pumps have to be labeled? |
| A: Not until June 1, 2007 when there will be both 15 ppm and 500 ppm marine diesel in the marketplace. |
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| Q. Where can I buy these off-road labels? |
| A. OPIS is making the labels available for as little as 99cts/decal, click here. |
