How may terminals and retail outlets transition from non-VOC-controlled RFG to VOC-controlled RFG in advance of the high ozone season each spring?
Section 80.78(a)(1)(v) requires that RFG must be VOC-controlled for the proper VOC-control Region when stored or dispensed by terminals beginning May 1 of each year, and for retail outlets and wholesale purchaser-consumers beginning June 1 of each year. As a result, parties in the gasoline distribution system must transition from non-VOC-controlled RFG to VOC-controlled RFG in advance of these dates.
The RFG regulations do not prohibit combining VOC-controlled RFG with non-VOC-controlled RFG prior to these dates. As a result, VOC-controlled RFG may be added to a storage tank that contains non-VOC-controlled RFG in order to turn over the storage tank to the VOC-controlled specification, in advance of May 1 each year in the case of terminals, and in advance of June 1 each year in the case of retail outlets and wholesale purchaser-consumers.
A terminal that combines VOC-controlled and non-VOC-controlled RFG should treat the mixture as non-VOC-controlled until the party has a test result that shows the RFG meets all applicable VOC-controlled RFG standards. A terminal, therefore, should not supply product transfer documents to distributors stating the gasoline is VOC-controlled until the terminal has a test result that would support this designation. Sampling and testing is not required by retail facilities in this situation; however, it may be prudent to conduct some testing at the retail level to ensure that adequate turnover has been achieved and the product meets all applicable VOC-controlled RFG standards.
In a case where the RFG in a terminal storage tank does not meet all applicable VOC-controlled RFG standards on May 1 in spite of deliveries of VOC-controlled RFG to that tank, the terminal may not distribute gasoline from that tank. The terminal operator may continue to deliver VOC-controlled RFG to this storage tank subsequent to May 1, however, and begin delivering the RFG as VOC-controlled if and when the RFG achieves the VOC-controlled standards. (4/18/95)
This question and answer was posted at List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July 1, 1994 through November 10, 1997 (pdf)