Refiner A is holding some of Refiner B's conventional gasoline in tanks at one of Refiner A's terminals or at Refiner A's refinery. Refiner A adds additional stocks to that gasoline at the request of Refiner B. Who is responsible for including the stocks

The definition of "refiner" includes any person who owns, leases, operates, controls or supervises a refinery. Therefore, under this scenario, both the person who owns the gasoline being blended, and the person who owns the terminal tanks would be considered to be refiners. Each person meeting the definition of refiner for a particular refinery operation is independently responsible for the completion of all refinery requirements, such as meeting standards, sampling and testing, record keeping, reporting, and independent audits.

However, these refinery requirements must be met only once for any refinery operation. As a result, if the refinery requirements are properly accomplished by one "refiner" for a particular refinery operation, EPA will consider the requirements to have been accomplished by each person who meets the definition of refiner for that operation.

Normally the product owner takes responsibility for meeting the anti-dumping requirements. In the situation described in this question, the owner of the blendstock (who is not identified in the question) therefore would normally take responsibility for the anti-dumping requirements.(7/1/94)

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)