Assume that a marketer/supplier has conventional gasoline inventory in a fungible pipeline/terminal system in a non-RFG area. Effective January 1, 1995, does this company have any responsibility for the quality of that inventory? Responsibility for product brought in after January 1, 1995? What does the company need to put in its contract with a refinery/trader or collect from a refinery/trader to comply with the anti-dumping regulations? What kind, if any, quality assurance program would be required? Would the answers be different if a segregated tank is involved?

Beginning January 1, 1995, all conventional gasoline must meet the PTD requirements. If the conventional gasoline was produced before January 1, 1995, the refiner may not have initiated the PTDs, but the downstream party nevertheless must include the required information when title or custody is transferred.  Whether the marketer/supplier has conventional gasoline in a fungible pipeline/terminal or in segregated tankage, it would have to ensure that the conventional gasoline is not delivered into a reform area.

The company does not need to have anything in its contract with respect to anti-dumping, unless it is blending oxygenate that would be counted by the refiner. See requirements under § 80.101(d)(4). Quality assurance would include checking PTD's for refiner reform/conventional designation and ensuring that conventional gasoline is not delivered into any RFG covered area. (10/17/94)

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