EPA indicated that the deadline for applying for small refiner status has already passed. However, should the marketer decide to blend e-diesel or biodiesel, it may want the option to be a "small refiner" under the diesel regulations.
As stated in § 80.550 (a) and (b), the marketer would have to produce diesel fuel from crude.
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)