Section 80.106 states (a) "On each occasion when any person transfers custody or title to any conventional gasoline, the transferor shall provide to the transferee documents which include the following information: ...(1) through (7); (8) The requirements of this paragraph (a) apply to product that becomes gasoline upon the addition of oxygenate only." 80.65(d)(1) "All gasoline produced or imported shall be properly designated as either reformulated or conventional gasoline, or as RBOB." It would appear that 80.106 is referring to a conventional gasoline blendstock for oxygenate blending (CBOB?) which heretofore has not been defined or discussed. Are 80.106(a)(1) - (7) intended for all conventional and conventional oxygenated gasolines? If so, 241 the CBOB should be so identified to prevent confusion with regular conventional gasoline. Like RBOB, it should also contain the oxygenate information included in 80.77(i)(2) and (3).
The regulations require that conventional blendstock which will become conventional gasoline solely upon the addition of oxygenate must be considered conventional gasoline for the purpose of complying with the anti-dumping requirements, including the transfer document provisions of § 80.106(a).
This corresponds to the requirement at § 80.101(d)(3) that such blendstock must be included in the anti-dumping compliance calculations for conventional gasoline. From a practical standpoint, the transfer documentation would need to indicate that oxygenate must be added and the refiner must undertake certain monitoring and quality assurance efforts to ensure the blending occurs as specified in the regulations, if the refiner is including any oxygenate blended downstream in its compliance calculations. (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)