There are situations where ethanol will be present in very small quantities in RFG produced using other oxygenates. For example, ETBE often contains very small amounts of ethanol, less than 2%. As a result, will EPA apply a de minimis exception to the prohibition against mixing VOC-controlled RFG produced using ethanol with VOC-controlled RFG produced using any other oxygenate because of minimal oxygenate content?
Section 80.78(a)(8) prohibits the mixing of VOC-controlled RFG produced using ethanol with VOC-controlled RFG produced using any other oxygenate during the period January 1 through September 15.
EPA will not consider this prohibition violated, however, in the case of RFG that was produced using an oxygenate other than ethanol, yet the RFG contains a volume of ethanol that is less than 0.4 vol%. If the RFG was produced using ethanol, EPA will not consider the prohibition violated if the volume of non-ethanol oxygenate is less than the volumes specified in § 80.65(e)(2)(i), i.e., 0.6 vol% in the case of MTBE, ETBE, TAME, or t-butanol, or 0.2 vol% in the case of methanol.
These exceptions apply only if the offending oxygenate is present as a result of operational necessity, and specifically would not apply if the offending oxygenate was intentionally added. In addition, parties must meet the standards that apply to VOC controlled RFG without regard to these exceptions. (10/3/94)
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)