If RBOB and oxygenate are blended upstream from the truck in an oxygenate blending facility, which of these parties would be considered an oxygenate blender and have the associated regulatory requirements: A. Terminal owner (if different than operator) B.
An oxygenate blender is defined at § 80.2(mm) as "any person who owns, leases, operates, controls, or supervises an oxygenate blending facility, or who owns or controls the blendstock or gasoline used or the gasoline produced at an oxygenate blending facility." An oxygenate blending facility is defined at § 80.2(ll) as "any facility (including a truck) at which oxygenate is added to gasoline or blendstock, and at which the quality or quantity of gasoline is not altered in any other manner except for the addition of deposit control additives."
Therefore, in the scenario described above, where the gasoline is blended by the terminal upstream from the truck, the terminal would be the oxygenate blending facility and both the owner and operator of the terminal facility would be oxygenate blenders under the regulations. The product owner also would be an oxygenate blender. The customer-exchange partner would be an oxygenate blender if ownership of the product is transferred to him immediately upon blending as the product enters the truck. In this scenario, the customer-exchange partner would own the gasoline at the point where sampling and testing would normally occur, and, therefore, would be in a position to ensure that this is accomplished. The truck owner would not be an oxygenate blender where the truck driver exercises no control over the blending operation, and the truck is not an oxygenate blending facility. The truck owner, however, would be a common carrier under the regulations, subject to carrier liability and defenses. (10/17/94)
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, About PDF)