If a refiner produces "specified RBOB" for 3.5% oxygenate (for example, 10% vol EtOH) blending, and an oversight program shows that the downstream blender is adding less than 10% EtOH, who is liable for a compliance violation? Is there a violation at all at all if the actual finished blend still meets the RFG specs? For example, if RBOB is formulated to meet RFG with 8% EtOH, but the refiner sells it as "10% EtOH" RBOB (and uses the 10% in the calculation of its non-oxygenate parameters) to encourage maximum ROXY credits, does an actual blend with 8% EtOH cause a violation?
If the downstream oxygenate blender is adding oxygenate in amounts other than that specified by the refiner of the RBOB, the blender would be liable for a violation of the regulations regardless of whether the gasoline meets the downstream standards. In such a case, the RBOB refiner would have to recalculate its batch values for the RBOB to reflect that actual level of blending that occurred (e.g., benzene and toxics emissions performance.) (11/28/94)
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)