Can a refiner blend oxygenate into purchased conventional gasoline and use the oxygenate to meet its conventional gasoline requirements as long as the oxygenate is not being counted by the producer of the gasoline? Can this blending occur at a refiner owned terminal?

Section 80.101(d)(4) provides that any oxygenate that is added to conventional gasoline, or gasoline blending stock as described in § 80.101(d)(3), may be included in the refiner's compliance calculations, "where such gasoline or gasoline blending stock is produced or imported during the averaging period" (emphasis added).

In the case of oxygenate that is added at a point downstream of the refinery or import facility, the oxygenate may be included "only if the refiner or importer can establish the oxygenate was in fact added to the gasoline or gasoline blendstock produced" (emphasis added).

This provision applies to gasoline produced or imported by the refiner or importer who seeks to include the oxygenate in his compliance calculations. A refiner may not purchase conventional gasoline produced or imported by another person, blend it with oxygenate, and include the oxygenate in its compliance calculations. (10/3/94)

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