Do PTDs have to accompany gasoline going to customers who receive the product in containers of less than 550 gallons, since these customers are technically not wholesale purchaser-consumers under the regulations?
Section 80.77 provides that on each occasion when any person transfers custody or title to any RFG or RBOB, other than when gasoline is sold or dispensed for use in motor vehicles at a retail outlet or wholesale purchaser-consumer facility, the transferor must provide PTDs to the transferee. Section 80.106 of the anti-dumping regulations similarly provides that parties must provide PTDs for the transfer of conventional gasoline.
Under the PTD provisions, retailers are not required to provide PTDs to their customers when they dispense gasoline into the customers' motor vehicles, and wholesale purchaser-consumers are not required to provide PTDs to their drivers when gasoline is dispensed into the wholesale purchaser-consumer's vehicles.
However, all other parties, including all distributors, are required to provide PTDs to the transferees of the gasoline they distribute. Consequently, any distributor who delivers gasoline to a customer's storage tank, even if the tank is less than a 550 gallon size (and the customer is not a wholesale purchaser-consumer under the regulations), is required to provide PTDs to the transferee.
See also the replacement answer to Question 22, Section VI.A., of the July 1, 1994 Question and Answer Document below, which discusses that RFG must be dispensed to all consumers in RFG covered areas. (12/5/94)
This question and answer was posted at List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July 1, 1994 through November 10, 1997 (pdf)