For purposes of RFG compliance on average, can refiners treat closely integrated facilities operating in a single covered area as a single facility, or must compliance be achieved separately for each facility? Suppose the refinery operation consists of mixing blending components to produce finished RFG using tankage in multiple terminals in close proximity, the blender is meeting all refiner requirements. and the blender is the responsible party for record keeping, reporting, and compliance. Can the refiner/blender aggregate the operations at all the facilities used for compliance on average purposes or must he meet the standards separately at each terminal?
Under § 80.67(b)(1), refiners must meet all applicable averaged standards separately for each of the refiner's refineries (i.e., for each facility at which gasoline is produced.) This would include terminals at which RFG is produced through a blending process. However, under § 80.67(b)(3), an oxygenate blender may group "the averaged reformulated gasoline produced at facilities at which gasoline is produced for use in a single covered area."
Therefore, whether the facilities producing RFG for a single covered area may be aggregated for purposes of compliance on average will depend on whether the operation is a refinery operation or an oxygenate blending operation. (11/21/94)
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)