Who accounts for blending operations that take place in leased storage facilities?
Under the regulations, a refiner is any person who owns, leases, operates, controls, or supervises a refinery. As indicated above, an oxygenate blender is any person who owns, leases, operates, controls, or supervises an oxygenate blending facility, or who owns or controls the blendstock or gasoline used or the gasoline produced at an oxygenate blending facility.
Therefore, there are situations where more than one person meets the definition of refiner or oxygenate blender (e.g., the person who owns the facility, the person who directs the blending operation, and the person who owns the gasoline). In a situation where a refiner leases storage facilities to another, both parties would be considered refiners under the regulations and would be accountable for blending operations. The parties may decide among themselves who registers and reports, however, all are liable in the event there is a violation. While all parties must meet all of the elements of their defense, if a violation is discovered, the regulated parties may decide who performs quality assurance tasks. (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)