EPA420-F-95-016
January 17, 1995
RFG/Anti-Dumping
Questions and Answers
January 17,1995
Fuels and Energy Division
Office of Mobile Sources
U.S. Environmental Protection Agency
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RFG/ANTI-DUMPING QUESTIONS AND ANSWERS, JANUARY 17,1995
The following are responses to most of the questions received by the Environmental
Protection Agency (EPA) through January 3, 1995, concerning the manner in which the EPA
intends to implement and assure compliance with the reformulated gasoline and anti-dumping
regulations at 40 CFR Part 80. This document was prepared by EPA's Office of Air and
Radiation, Office of Mobile Sources, and Office of Enforcement and Compliance Assurance,
Office of Regulatory Enforcement, Air Enforcement Division.
Regulated parties may use this document to aid in achieving compliance with the
reformulated gasoline (RFG) and anti-dumping regulations. However, this document does not in
any way alter the requirements of these regulations. While the answers provided in this
document represent the Agency's interpretation and general plans for implementation of the
regulations at this time, some of the responses may change as additional information becomes
available or as the Agency further considers certain issues.
This guidance document does not establish or change legal rights or obligations. It does
not establish binding rules or requirements and is not fully determinative of the issues addressed.
Agency decisions in any particular case will be made applying the law and regulations on the
basis of specific facts and actual action.
While we have attempted to include answers to all questions received by January 3, 1994,
the necessity for policy decisions and/or resource constraints may have prevented the inclusion
of certain questions. Questions not answered in this document will be answered in a subsequent
document. Questions that merely require a justification of the regulations, or that have
previously been answered or discussed either in a previous Question and Answer document or
the Preamble to the regulations have been omitted.
Topics Covered
RFG General Requirements
Product Transfer Documentation
January 17, 1995
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RFC GENERAL REQUIREMENTS
[NOTE: The following question and answer replaces Question 22, VI.A., of the July 1,
1994 Question and Answer document and the update to this question posted on December
5,1994.]
VI.A.22. Question: Are any categories of gasoline users in the RFG covered areas exempt from
the requirement to use RFG instead of conventional gasoline?
Answer: Section 21 l(k)(5) of the Clean Air Act describes the scope of the requirement
to use RFG in the RFG covered areas:
(5) PROHIBITION. -- Effective beginning January 1, 1995, each
of the following shall be a violation of this section:
(A) The sale or dispensing by any person of
conventional gasoline to ultimate consumers in any
covered area.
This statutory prohibition on the sale or dispensing of conventional gasoline in RFG covered
areas is not restricted to gasoline used to fuel motor vehicles, but rather applies to all gasoline
sold or dispensed within an RFG covered area to any consumer, regardless of the use. The
prohibition, therefore, would include gasoline sold or dispensed for use in motor vehicles, boats,
construction equipment, recreational vehicles, lawn and garden equipment, etc.
As a matter of enforcement discretion, however, EPA will not enforce the requirement to
sell or dispense RFG in the case of two categories of gasoline: aviation gasoline sold or
dispensed for use in aircraft, including gasoline that has properties identical to motor vehicle
gasoline that is sold or dispensed solely for use in aircraft; and racing gasoline sold or dispensed
for use in racing vehicles during a sanctioned racing event. These exceptions would not apply if
the aviation gasoline or racing gasoline is used other than in an aircraft, or in a racing vehicle in
conjunction with a sanctioned racing event.
In the case of both aviation gasoline and racing gasoline, the gasoline must be clearly
designated as such, and any person selling or dispensing these categories of gasoline must take
appropriate steps to ensure the gasoline is used only in the limited circumstances described. In
addition, EPA has strict guidelines as to what constitutes a racing vehicle, and the exception for
racing gasoline applies only for gasoline used in such a vehicle. For further information on what
constitutes a racing vehicle, contact EPA's Manufacturers Operations Division at (202) 233-
9250.
The rationale for the exception for aviation gasoline used to fuel aircraft is based on
safety considerations. Aviation gasoline must satisfy performance criteria that are relevant to the
January 17, 1995 2
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safe operation of aircraft, and this safety consideration outweighs the limited adverse
environmental effect of conventional gasoline used in this manner. In addition, aircraft
emissions normally would not be confined to the covered area where the aircraft is fueled, and
could occur in significant part outside any RFG covered area. The rationale for the exception for
racing gasoline is based on the special performance requirements for true race vehicles and the
limited volumes of gasoline involved.
PRODUCT TRANSFER DOCUMENTATION
[NOTE: The following is a revision of Question 2 of the Product Transfer Documentation
section of the November 21,1994 Question and Answer Document]
2. Question: We expect RFG geographic areas to develop in which base gasoline
designated as "OPRG" with at least 2.0% oxygen but less than 2.7% oxygen will be sold. Will
the product transfer documentation requirements covering such a product be met if the PTD
shows the oxygen standards as 2.0% minimum and 2.7% maximum and also contains a message
that although the product is designated as OPRG, it does not fulfill the requirements for resale or
use in an oxygenated control area during a control period without the addition of oxygenates(s)?
Answer: The RFG regulations require the transferor to include in the PTDs the federal
minimum and maximum standards with which the gasoline conforms, including oxygen content
(i.e., 1.5 wt% minimum and 2.7 wt% or 3.5 wt% maximum). As a separate requirement, the
RFG regulations require the PTDs to state that the product is OPRG or is not OPRG. In the case
of OPRG, the state standards may be different from the federal min/max standards for oxygen.
EPA would consider it acceptable to include in the PTDs the state min/max standards for oxygen
in lieu of the federal min/max standards where the state standards are more stringent than the
federal standards.
[NOTE: The following is a revision of Question 1 of the Product Transfer Documentation
section of the January 9,1995 Question and Answer document.]
1. Question: We would like to preprint as much of the PTD information as possible on our
bill of lading for gasoline sales at our terminals. We would like to print a statement such as the
following on all tickets: "Maximum RVP of 8.3 psi if gasoline is designated as VOC controlled
for Region 2." This would enable us to have the same bill of lading for both the summer and
winter period even though this statement would have no effect for gasoline that is not designated
as VOC controlled. Is this language acceptable?
Answer: A statement such as the one in the question would be acceptable assuming that
the product is also identified as being VOC controlled or not VOC controlled in accordance with
§ 80.77(g)(l)(i).
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January 17, 1995
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