Section § 80.65(e)(2) contains a mechanism for identifying the test result a refiner or importer must use if the independent lab's test result does not corroborate the refiner's or importer's test result. Does this mechanism apply in a case where the independent lab's test result fails to corroborate the refiner's or importer's test result for a particular parameter, but where both test results are within the applicable maximum level for that parameter?
The mechanisms specified in § 80.65(e)(2)(ii), for instances where a refiner's or importer's RFG test result is not corroborated by the independent lab's test result, apply whenever there is such a non-corroboration. There is no exception in a case where both the refiner's or importer's test result and the independent lab's test result are within the applicable maximum level for that parameter.
If the standard at issue is being met on average, the mechanism in § 80.65(e)(2)(ii) will identify the value for the parameter the refiner or importer must use in its compliance calculations. If the standard at issue is being met on a per-gallon basis, the question is whether the parameter meets the per-gallon standard, and the cited mechanism will resolve that question. (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)