The sulfur rule says that a small refiner must produce gasoline by processing crude oil through a refinery processing unit. Does our refinery meet that requirement if we produce gasoline by processing crude oil through a processing unit, but we sometimes

Under § 80.225(a), a small refiner is a refiner who processes crude oil through refinery processing units, employed an average of no more than 1,500 people during 1998, and had an average crude capacity less than or equal to 155,000 barrels per calendar day for 1998.

In the situation described in this question, the refiner fits that part of the small refiner definition that requires the refiner to be one who processes crude oil through refinery processing units, since the refiner produces gasoline by processing crude oil.

The fact that the refiner may also finish a batch through the later addition of other blendstocks does not affect its small refiner status. However, the volume of blendstocks used by the refiner should be excluded from the determination of crude capacity, unless the blendstocks have undergone substantial transformation through the refining process.