If the fuel has already been dyed, taxed, and/or marked, there are no D&T requirements for the marketer. The diesel marketer does not need to register with EPA and meet the D&T requirements unless they intend to distribute MVNRLM 500 ppm diesel fuel on which taxes have not been assessed, NRLM fuel that is undyed, or heating oil or LM fuel that is not marked (in those areas of the country where the marker is required, per § 80.597(c)(1)).

In either case, the marketer has PTD requirements and would still need to maintain the integrity of the fuel and, for defense purposes, should have an adequate quality control and sampling and testing programs. The marketer is also still subject to the anti-downgrading provisions of § 80.527.

Question and Answer was originally posted at Questions and Answers on the Clean Diesel Fuel Rules (PDF)(135 pp, 888 K, EPA420-B-06-010, July 2006, About PDF)