Section 80.78(a) requires segregation of several categories of gasoline and precludes the mixing of any amount of the gasolines that must be segregated. EPA recognized the difficulty in changing the service of a storage tank as a result of tank heels, and and outlined a 5-step procedure for changing the service of a gasoline storage tank. EPA's description of this procedure does not state that a company will avoid
violating the § 80.78(a) segregation prohibition if this procedure is followed, and, therefore, the procedure appears to expose companies to liability for violation of the segregation requirements.
In addition, EPA outlined procedures for dealing with interface mixtures. It is unclear if a party who follows these procedures will be in violation of the § 80.78 segregation prohibitions. If this interface activity is considered a violation, the regulated parties will be exposed during all sequential shipping of gasoline on a pipeline, an activity acknowledged by EPA to be necessary for conducting business and supplying gasoline to the marketplace. Without some type of relief, regulated parties will not be able to ensure delivery of available supplies of RFG.
Will EPA exercise enforcement discretion and not initiate an enforcement action if parties follow the procedures described in the Question and Answer Document, or will EPA enter into written enforcement protocols with regulated parties to ensure no enforcement actions are brought in order to "facilitate the orderly conduct of business."

A party who follows the procedures for dealing with the change of service for a gasoline storage tank, or for dealing with pipeline interface mixtures, that are described in the Question and Answer Document will be considered by EPA to be acting in a manner that is consistent with the segregation requirements expressed in the regulations. (8/29/94)

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