Is it legal for a retail outlet or wholesale purchaser-consumer facility to commingle RFG which meets the "substantially similar" requirements (e.g., a 15% MTBE blend) with RFG which is produced under a § 211(f) waiver (e.g., a 10% ethanol blend)? Similarly, is it legal for a retail outlet or wholesale purchaser-consumer to commingle conventional gasoline which meets the "substantially similar" requirements with conventional gasoline produced under a § 211(f) waiver? The concern is that the resulting mixture, as dispensed from the pump, would not comply with the substantially similar criteria or one of the waivers.
It is not a violation of the RFG regulations to commingle two legal RFG products at a retail outlet or wholesale purchaser-consumer facility, or a violation of § 211(f) to commingle two legal conventional gasolines at a retail outlet or wholesale purchaser-consumer facility.
However, this could cause compliance problems with the summertime RFG requirements for RFG, or summertime volatility restrictions for conventional gasoline. (8/29/94)
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)