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Will a regulated party's defense fail if test results indicate the product is over the standard but within the EPA announced test tolerance?

See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help.

As discussed in the Enforcement Tolerance section of this document, all gasoline downstream of the refinery or importer level may be released if test results for each parameter show the gasoline to be within the applicable standard plus the tolerance for that parameter, provided all other RFG requirements are met.

As a result, in the case of a violation of a downstream standard, a party who is presumptively liable could establish the quality assurance defense element if all of that party's test results are, for each parameter with a downstream standard, within the applicable standard plus the tolerance for that parameter. (7/1/94)

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