In its discussion of Enforcement Test Tolerances, EPA states that if test results "show the product to be above the standard, then the product is in violation regardless of whether or not it is within the tolerance." Since this is, technically, a violation how is this reconciled with the requirement that parties in the distribution chain must take corrective action to bring all product into compliance? Can we rely on stated EPA intention to bring no enforcement if samples are over the standard but within tolerance? Are records required for these instances?

Parties are expected to take corrective action when samples collected at locations downstream of the refinery or import facility exceed an applicable standard for a parameter plus the enforcement tolerance for that parameter.

For example, if a distributor takes a sample of RFG taken from a storage tank at a terminal operated by that distributor that serves an RFG covered area, and this sample is analyzed to have a benzene content of 1.50 vol%, this result would be less than the benzene downstream standard (1.3 vol%) plus the benzene enforcement tolerance (0.21 vol%).

As a result, the distributor would not be expected to take any action to reduce the benzene content of the RFG in the terminal.

In addition, EPA would exercise its enforcement discretion and not pursue an enforcement action as a result of the distributor's test result. This answer would not change if the sample were collected and analyzed by EPA.

Note that the test tolerance does not apply to samples taken and tested at a refinery or import facility.

As a part of any quality assurance program, regulated parties should retain documents that reflect the results of sampling and testing, and any corrective actions that are taken. (7/1/94)

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