A branded refiner is not required to test gasoline at its branded retail outlets whether or not the retail businesses are owned by independent third persons. However, under § 80.612, branded refiners are liable for violations at branded retail outlets. Under § 80.613, for branded refiners to establish a defense to such violations, it must, among other things, show that it has a periodic sampling and testing program at the branded retail outlets.
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)