Can a producer manufacturing only conventional gasoline purchase RFG, blend it with the conventional gasoline at the refinery, and use the combined blend volume and properties as part of the refinery's compliance calculations starting January 1, 1995?

Combining finished RFG and finished conventional gasoline is not an act of "producing or importing" under the RFG/anti-dumping regulations. Consequently, the resulting product would not be included in the refinery's compliance calculations. Under § 80.78(a)(10), however, such product may not be sold as RFG. Under § 80.78(a)(5), finished RFG may not be combined with a non-oxygenate blendstock unless the blendstock meets all RFG standards without regard to the properties of the RFG to which the blendstock is added.

However, a downstream party may downgrade RFG to conventional gasoline and combine it with blendstocks. In this case, the blendstocks would be included in the refinery's anti-dumping compliance calculations without regard to the volume and properties of the downgraded RFG. (4/18/95)

This question and answer was posted at Consolidated List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July 1, 1994 through November 10, 1997 (pdf) (333 pp, 18.17 MB, EPA420-R-03-009, July 2003)