SUPPLEMENTAL RFG/ANTI-DUMPING QUESTIONS AND ANSWERS

                      NOVEMBER 29, 1995



                        PROHIBITIONS



[Note: The following is a revision of Question 1 of the 

Prohibitions Section of the October 31, 1995 Question and Answer 

Document.  This revision changes the date on which notification 

for early complex model use is due, under the scenario described 

in the Question, from December 1, 1995, to December 31, 1995.]



1.  Question:  Under section 80.78(a)(9), early use of complex 

model gasoline is limited by the requirement that all such 

gasoline be segregated throughout the distribution system from 

the point of production to the point of final sale or use.  

Because this restriction severely limits the fungibility of the 

product, in most situations, early use complex model gasoline is 

not economically viable.  However, if an RFG manufacturer were 

to produce early use complex model gasoline meeting all of the 

early use complex model requirements, and also meet all the 

simple model requirements applicable to refinery compliance, 

other than the requirements for sulfur, olefins and T90, would 

it still be necessary to segregate early use complex model 

gasoline?



     Answer:  This requirement for segregation of early use 

complex model gasoline throughout the system is based upon 

concerns regarding enforcement of standards downstream, e.g.,  

at retail stations, and the effect complex model gasoline would 

have on the compliance survey.  If complex model and simple 

model gasoline were freely mixed, downstream enforcement would 

be severely complicated since commingled complying gasolines 

might not meet all of the standards that are enforced 

downstream.  Furthermore, it would not be apparent against which 

standards such gasoline should be judged for compliance.  

Similarly, with the compliance survey, it is required that a 

complex model survey component and a simple model survey 

component be performed.  If simple and complex model gasolines 

were commingled, survey results could not be appropriately 

judged against either complex or simple model standards.  Both 

the enforcement concerns and the compliance survey concerns 

relate to the possibility that complex model gasoline may not 

meet the downstream simple model standards specified in 

80.41(a), and (b).  However, if  the early use complex model 

gasoline were formulated to also meet all of the simple model 

standards except those for olefins, T90 and sulfur, this would 

have no impact either on downstream enforcement or on the 

compliance survey which is conducted downstream at retail 

stations.  Furthermore, if such gasoline met all early use 

complex model requirements it would be at least as 

environmentally clean, and possibly cleaner than, comparable 

simple model gasoline.  Therefore, early use complex model RFG 

gasoline need not be segregated from simple model gasoline if 

such gasoline also meets all simple model requirements other 

than those for olefins, T90 and sulfur.  The presence of such 

gasoline in the marketplace will not in itself constitute a need 

for a complex model survey component since it will meet the 

downstream standards for the simple model and may be included in 

the simple model survey component.  This gasoline should be 

reported as complex model gasoline under the RFG reporting 

requirements.  The regulations require that parties intending to 

produce early use complex model gasoline notify EPA by November 

2 of the previous year.  However, for 1995 production, the 

reporting party could not have notified the Agency that early 

use complex model gasoline would be utilized under the scenario 

outlined here.  Thus, for 1995 production, parties may utilize 

the flexibility offered here even if they have not met this 

notification requirement.  However, previously submitted 

required batch reports must be resubmitted with the appropriate 

designation.  Because this document is being posted on EPA s 

bulletin board such a short time prior to the November 2, 1995 

deadline for notification for 1996 production, EPA is extending 

the notification for early complex model use, under the scenario 

outlined here only, to December 31, 1995. A party producing 

gasoline under this scenario, must comply with all the product 

transfer documentation (PTD) requirements including 

80.77(g)(2)(iii) but excluding 80.77(g)(1)(iii), 

80.77(g)(2)(iv), and 80.77(h) on the condition that the PTD 

indicate that this gasoline is certified under the reformulated 

gasoline regulations and may be treated like any simple model 

gasoline subject to the same designations.