If ethanol is splash blended into a truck, does the truck operator become an oxygenate blender? If so, what are the registration, reporting, recordkeeping, and oversight requirements of the trucker? Will two bills of lading (one from a gasoline terminal and one from an ethanol terminal) stapled together be valid documentation of final product?
The regulations at § 80.2(ll) and (mm) specifically provide that any person who owns, leases, operates, controls or supervises an oxygenate blending facility, the definition of which includes a truck, is an oxygenate blender under the regulations. In addition, the gasoline owner, if different than the truck operator, would meet the oxygenate blender definition. As such, the truck operator and the gasoline owner would be subject to all registration, reporting, recordkeeping, and oversight requirements for oxygenate blenders specified in § 80.69.
In a case where the oxygen standard is being met on a per-gallon basis (and not on average), two bills of lading that contain all the product transfer document information specified in § 80.77 would be appropriate documentation for showing that the proper amount and type of oxygenate are used generally, but these documents would not satisfy the sampling and testing requirements specified under § 80.69(e).
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)