If a California refinery is producing all of its gasoline to CARB specifications but ships a small portion (<5%) to Nevada and Arizona, does that portion have to be recorded and reported as conventional gasoline? The additional recordkeeping and reporting would appear to be a totally wasted effort since gasoline meeting CARB specs will be substantially better in all respects than baseline gasoline.
Under § 80.81(b)(2), California gasoline (and no other gasoline) is exempt from certain RFG and anti-dumping requirements, such as the requirement to use the test methods specified under § 80.46. California gasoline is defined in § 80.81(a)(2) as "any gasoline that is sold, intended for sale, or made available for sale as a motor vehicle fuel in the State of California..." As a result, gasoline that does not meet this definition would be subject to all federal requirements, including reporting, recordkeeping and testing requirements.
For example, gasoline that is produced in California but is sold or intended for sale outside the State would have to meet all requirements that apply to gasoline produced in the remainder of the country. These requirements apply regardless of whether the gasoline in question is used in an RFG covered area outside California and is classified as RFG, or if the gasoline is not used in an RFG covered area and is classified as conventional gasoline. (10/17/94)
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)