It is my understanding that if a terminal, registered as an oxygenate blender, blends RBOB and oxygenate into a truck using a computer controlled in-line blender the truck is also considered an oxygenate blender. If this is true, does the truck have to register? If the truck is not registered can the terminal legally sell this blended product to the truck?
If blending occurs prior to putting the gasoline into the truck, then the terminal is the blending facility. If blending occurs in the truck, then the truck is the blending facility. As discussed in Question 11 of Section VI.A. of the July 1, 1994 "Question and Answer" document, EPA will permit regulated parties to agree among themselves who should register as a blender; however, if the registration requirement is not met, all parties remain liable. EPA recommends that the owner of the gasoline register, and the parties should agree between themselves as to whom will register. (8/29/94)
If more than one party meets the "oxygenate blender" definition, EPA will not enforce registration, reporting, recordkeeping and quality assurance requirements if these requirements are met by at least one of the parties. The parties should agree between themselves which of them will register with EPA. (EPA recommends that the party who owns the gasoline register.) All parties remain liable if the reporting, recordkeeping and quality assurance requirements are not met. Terminals may only transfer RBOB to registered oxygenate blenders. (7/1/94)
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)