Are distributors who deliver conventional gasoline to retailers and wholesale purchaser-consumers in non-RFG areas required to fulfill the PTD requirements, including the statement in § 80.106(a)(1)(vii)? Do retailers and wholesale purchaser-consumers in
The PTD requirements of § 80.106 apply to all distributors of conventional gasoline. However, because the PTD requirements are of little value concerning the delivery of conventional gasoline to a retailer or wholesale purchaser-consumer (or smaller purchaser with a tank of less than 500 gallons) in a non-RFG area, EPA will not require compliance with the PTD requirements in this limited situation. The PTD requirements of § 80.106, however, must be met for all other transfers of conventional gasoline. Note that the PTD requirements of § 80.77 for RFG and RBOB apply to all transfers of RFG and RBOB (other than when the gasoline is sold or dispensed by a retail outlet or wholesale purchaser-consumer facility for use in motor vehicles), including transfers in which RFG or RBOB is delivered to a customer's storage tank, regardless of the size of the tank.
The anti-dumping regulations do not impose recordkeeping requirements for conventional gasoline on parties downstream of the refiner or importer. See § 80.104. All parties in the distribution network must maintain records for RFG and RBOB in accordance with § 80.74, however. (2/21/95)
This question and answer was posted at Consolidated List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July 1, 1994 through November 10, 1997 (PDF)(333 pp, 18.17 MB, EPA420-R-03-009, July 2003, About PDF)