Sections 80.65(c) and 80.101(d)(1) require refiners to include in compliance calculations each batch of gasoline that is "produced." As a result, a batch of gasoline should be included in the averaging period when the batch is produced, rather than when the batch is shipped from the refinery. EPA believes that a reasonable interpretation of when a batch is finished being "produced" is the point when the sample is collected which will form the basis for certification of the batch, or in the case of RFG, the point when the batch sample is collected by the independent lab. Even if an RFG batch later is found to be off-spec and corrected before the batch leaves the refinery, the original batch number remains valid, but with a volume of zero (see the answer to Question 3, Section VII.E., in the July 1, 1994 Question and Answer Document.)

Thus, if a refiner combines blendstocks to produce a batch of gasoline and collects the certification sample at 11 PM on December 31, 1995, that batch would be included in the 1995 compliance calculations even though the sample is not analyzed or the gasoline moved from the blending tank until 1996. The volume of the batch would be the volume moved from the blend tank, however, which may not be known until some point in 1996. EPA believes it is likely a party always will know the batch volume by the time reports are due, because batch reports are not due to be filed with EPA until about sixty days following the end of each quarter. In the unlikely event that the gasoline is not moved from the blend tank before the report is due, the refiner should include a batch report based on the volume determined by the independent laboratory. An amended report may be filed subsequent to filing the report for the quarter in which the batch was produced to report the actual shipped volume.

In the case of an in-line blended batch, the batch should be included in the averaging period which encompasses the date and time of the ending point for the batch, because the certification sample will not be fully collected until that point.(11/28/94)

This question and answer was originally 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)