RFG UPDATE, MARCH 19, 1996 ANNOUNCEMENTS: * Additional Qs&As have been posted. * In the future, Qs&As will be posted as needed. EPA will provide notice of postings in the OMS Alerts. * Independent labs selecting samples for analysis under the 10% independent analysis option: the last two digits of Monday's (3/18/96) closing point of the Dow Jones Industrial average are 60. RFG/ANTI-DUMPING QUESTIONS AND ANSWERS, MARCH 19, 1996 The following are responses to questions received by the Environmental Protection Agency (EPA) 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 we have received, 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. COMPLIANCE ON AVERAGE 1. Question: Section 80.67(g) of the regulations describes the calculations that must be done in order to determine compliance with the averaged standards for reformulated gasoline and, in some instances, conventional gasoline. In calculating the Actual Total and Compliance Total a party multiplies volumes by either parameter values or the appropriate standards. In cases that involve parameters and standards that are expressed in terms of weight percent and parts per million (i.e. oxygen content and sulfur content) should a party also include the specific gravity in the calculation in order to adjust for differences in the densities of different batches of gasoline? Answer: No. The calculations as written in section 80.67(g) of the regulations do not allow for an adjustment for density. While it is appropriate to use the specific gravity to adjust for density in calculating the content and average content of a parameter (as in sections 80.66 and 80.101(g)), it is not relevant for calculating the Actual Total and Compliance Total. The Actual Total and Compliance Total values are intended to allow the comparison, in the aggregate, of batch parameters with their respective standards. The Agency has chosen to weight by volume for all such compliance calculations and then compare the results. EPA plans on reviewing section 80.67(g) s method of determining compliance for parameters that are measured on a mass basis. If warranted, EPA will make appropriate changes in a future rulemaking. REGISTRATION, REPORTING, RECORDKEEPING 1. Question: Regarding EDI transmission, a one day response as functional acknowledgement is preferable to five day response time. Why can t EPA commit to provide a one day response? Answer: EPA will endeavor to provide functional acknowledgements as soon as possible, but no later than five days from receipt of an EDI transmission. The five day time frame was intended to reflect a worst case scenario given current resource and other constraints. However, we are still in the first year, pilot stage of accepting RFG and anti- dumping reports via EDI and will consider shortening the functional acknowledgement time frame to one day or some other reasonable time period. 2. Question: If we send a report via EDI prior to the reporting deadline, the reporting deadline passes, and then (i.e. after the deadline has passed, but still within the five days EPA has allowed for its functional acknowledgement) EPA sends a functional acknowledgement, can we still be fined if there is something wrong with the file? Answer: Nothing in the Terms & Conditions Memorandum relieves a party of the requirement to submit timely RFG and anti-dumping reports. However, the reporting party has agreed to maintain records and archives of reports sent via EDI and to resend the transmission within five days if so requested by EPA. Although this does not relieve any reporting party of the requirement to submit a timely report, it acknowledges that a timely report submitted in good faith via EDI may nevertheless have become unintentionally garbled in its transmission and allows the reporting party a reasonable amount of time to send a proper transmission. 3. Question: If re-transmission is necessary due to fault on EPA s part, why won t EPA pay for re-transmission? Answer: EPA will take all reasonable steps to properly maintain equipment, services, and testing necessary to effectively and reliably send and receive documents via EDI. Although EPA is unable to pay for re-transmission costs, we will exercise the highest degree of care to minimize any error at our end. 4. Question: Further clarification is needed in the Terms & Conditions Memorandum regarding the receipt computer. Specifically, EPA should specify receipt date and time for documents transmitted directly and via a VAN service provider. Answer: EPA is currently using a VAN. A document is considered received on the date and time that it becomes accessible to EPA at EPA s VAN. (If a document were transmitted directly to EPA, then the document would be received on the date and time that it becomes accessible to EPA at EPA s receipt computer.) This clarification will be included in a future revision to the RFG and Anti-Dumping Program EDI Technical Guidelines.