Presumptive liability under 40 C.F.R. § 80.612 applies to the party in possession of the contaminated fuel (in this case, the terminal after it has taken custody) and to all parties upstream of the facility where the violation is found (including, in this case, the pipeline).

Each party has an opportunity to establish a defense to liability. Until it is proven which party is at fault, all parties involved in the production and distribution of the product will be presumed liable.

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)