If terminals utilize the services of outside laboratories for periodic sampling and testing, how can the terminal limit exposure to liability in the event non-complying product from the tested tank(s) leaves the terminal during the three or four days before test results are available?
A terminal-distributor's release of RFG that does not meet applicable standards would constitute a violation of § 80.78(a)(1) for which the distributor would be liable, and it would not be a defense if the violation was caused by a delay in receipt of test results. A terminal-distributor could limit its exposure for such violations, however, by performing as much testing as possible at the terminal.
For example, the parameters for which downstream standards apply under the simple model are RVP, oxygen, and benzene. EPA is aware of - and intends to use - field test equipment for these parameters. This field test equipment is appropriate for use by terminal-distributors at terminals, and if used would allow parties to avoid violations from the cause described in the question, at least until the complex model becomes effective in 1998.
Similar field test equipment may be available for use under the complex model. Before 1998 there likely will be advances in testing equipment technology that will allow more field testing of the complex model parameters. EPA hopes to develop complex model screening protocols that are appropriate for use in the field. To the extent these advances materialize, terminal-distributors will be able to monitor RFG quality without the time lag inherent when outside labs are used. (7/1/94)
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)