Section 80.78(a)(8) prohibits "any person" from combining any VOC-controlled RFG produced using ethanol with any VOC-controlled RFG using any other oxygenate between January 1 and September 15. There is no exclusion from this prohibition for retail outlets or wholesale purchaser-consumer facilities as there is for certain other mixing prohibitions. How is the retail outlet expected to be aware that it is receiving a shipment of gasoline that cannot be commingled with gasoline produced using a different oxygenate?

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The RFG regulations were amended on July 20, 1994, to include a product transfer documentation requirement, found in 80.77(g)(3), requiring the "identification of VOC-controlled reformulated gasoline or RBOB as gasoline or RBOB which contains ethanol, or which does not contain ethanol."

This requirement will result in retailers having the necessary information to determine the type of oxygenate used in the gasoline. (10/17/94)

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