If a batch of reformulated gasoline fails to meet the RFG specifications but meets the anti-dumping (i.e. conventional gasoline) specifications, can this batch be certified as conventional gasoline? May it be distributed through a facility located in an RFG area? What is required on the bill of lading? What else is required of the distributor? Is the distributor liable if the recipient sells the conventional gasoline in an RFG area?

Gasoline that does not meet the requirements for reformulated gasoline may be designated as conventional gasoline prior to leaving the refinery and must be included in the refiner's compliance calculations in accordance with the anti-dumping requirements regardless of its original intended designation.

The regulations do not prohibit the distribution of conventional gasoline to a non-covered area from a facility located in a covered area, subject to the applicable controls under § 80.78. But, the facility should take appropriate precautions to ensure that conventional gasoline is not distributed in the covered area. (7/1/94)

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