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.