Fuels and Fuel Additives; Elimination of Oxygenated Fuels Program Reformulated Gasoline (OPRG) Category From the Reformulated Gasoline Regulations

SUMMARY: In this action, the reformulated gasoline (RFG) regulations

are amended to eliminate the separate treatment for a category of

gasoline used in oxygen averaging. This category, oxygenated fuels

program reformulated gasoline (OPRG), includes reformulated gasoline

intended for use in a state oxygenated fuels program during the winter

time. Under the current RFG regulations, a refiner must meet the oxygen

content standards on average for the entire pool of gasoline they

produce, and for the pool of gasoline they produce that is non-OPRG.

EPA is taking this action because it no longer believes a distinction

between OPRG and RFG that is not intended for oxygenated fuels program

areas (i.e., non-OPRG) is necessary and because removal of the OPRG

category would add flexibility and reduce compliance costs for

regulated parties, without producing a negative environmental impact.

Today's rule also removes a prohibition on adding oxygen to finished

RFG, which will provide parties in RFG/oxygenated fuels program overlap

areas with added flexibility in meeting both programs' standards.

EFFECTIVE DATE: November 3, 1997.

FOR FURTHER INFORMATION CONTACT: Anne-Marie C. Pastorkovich at (202)

233-9013.

SUPPLEMENTARY INFORMATION:

I. Regulatory Entities

Regulatory categories and entities potentially affected by this

action include:

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Examples of regulated

Category entities

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Industry.................................. Refiners, importers,

oxygenate blenders of

reformulated gasoline.

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This table is not intended to be exhaustive, but rather provides a

guide for readers regarding entities likely to be regulated by this

action. This table lists the types of entities that EPA is now aware

could be potentially regulated by this action. Other types of entities

not listed in the table could also be regulated. To determine whether

your entity is regulated by this action, you should carefully examine

the existing provisions at 40 CFR 80.2, 80.65, 80.67, 80.69, 80.75,

80.77, 80.78, and 80.128, dealing specifically with OPRG. If you have

questions regarding the applicability of this action to a particular

entity, consult the person listed in the preceding FOR FURTHER

INFORMATION CONTACT section.

II. Background

On March 17, 1997, EPA proposed amendments to the reformulated

gasoline (RFG) regulations that would eliminate the oxygenate program

reformulated gasoline (OPRG) category.1 As explained in that

notice, EPA issued the proposed rule for several reasons. First,

between 1993, when the final RFG rule was issued, and 1995, when the

RFG program was implemented, the number of overlapping oxygenated fuels

program and RFG areas significantly decreased. Although EPA is

concerned that the statutory mandate for 2.0 weight percent oxygen for

RFG is met,2 the Agency feels that the specific risk of

uneven RFG quality due to overlapping oxygenated fuels/RFG program

areas is significantly less than was expected when the RFG regulations

were promulgated. There is still some risk that an area might receive

relatively low oxygen RFG because of averaging, but the risk is no

longer as likely to be specifically caused by program overlap as in

1993 and 1994.

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\1\ 62 FR 12586 (March 17, 1997).

\2\ In oxygenated fuels program areas implemented by states as

required by section 211(m) of the Act, the minimum oxygen content

during the winter control period is 2.7 weight % oxygen. This

minimum for oxygenated fuels control periods is unaffected by

today's rule and remains in force. Nothing in today's rule changes

the applicable oxygen standards under the Federal RFG or state

oxygenated fuels programs.

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Second, based upon EPA estimates made prior to the beginning of the

first year of the RFG program, approximately one-third (33%) of all

gasoline nationwide was predicted to be RFG. Oxygenated fuels program

overlap areas outside of California accounted for approximately one-

third (33%) of the total RFG pool, with approximately 19% going to the

New York CMSA.3 EPA believes that any risk that an area

might receive low oxygen RFG is significantly less than it appeared in

1993 and 1994. As discussed in great detail in the proposed

rule,4 in 1994, roughly one-third of RFG was expected to be

destined for several oxygenated fuels overlap cities outside of

California. Today, the New York City CMSA is the only remaining overlap

area outside California, although the Phoenix, Arizona moderate ozone

nonattainment area opted into the RFG program 5 and is also

an oxygenated fuels area. EPA continues to believe that the risk that

an area might receive low oxygen RFG can be adequately addressed

through another existing compliance mechanism--the RFG surveys required

by 40 CFR 80.68.

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\3\ It should be noted that, since these estimates were made in

1994, some areas have opted out of the RFG program and Sacramento,

California joined the program as a required covered area, and

comparative volume totals will have changed somewhat as a result.

These estimates are not based upon the comparative volume of OPRG to

RFG. Rather, they are ``straight'' estimates of a program area's

share of the total RFG ``pool'' and are not broken down into

compliance categories. The reader should be aware that OPRG gasoline

likely represents a smaller, subset of the total volume represented

for each area. The untitled document from which the volume estimates

were taken has been placed in the public docket, docket # A-97-01,

Category II(B). The docket is located at the Air Docket Section, 401

M Street, SW, Room M-1500 Washington, DC and is open Monday through

Friday from 8:00 a.m. to 5:30 p.m.

\4\ 62 FR 12596, 12588.

\5\ ``Regulation of Fuels and Fuel Additives: Extension of the

Reformulated Gasoline Program to the Phoenix, Arizona Moderate Ozone

Nonattainment Area,'' 62 FR 30260 (June 3, 1997). The Arizona opt-in

became effective on July 3, 1997 for all persons other than

retailers and wholesale purchaser-consumers and August 4, 1997 for

retailers and wholesale purchaser-consumers.

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III. Response to Comments

Effective Date: Three commenters wanted the rule to go into effect

by the November 1, 1997, the start date for the 1997-1998 winter

oxygenated fuels program. A fourth commenter wanted the rule to go into

effect ``as expeditiously as due process considerations allow.'' The

rationale for the earliest effective date is to allow regulated parties

to take advantage of maximum flexibility.

However, another commenter urged EPA to implement the change

effective January 1, 1998, in order to alleviate financial burdens on

certain regulated parties. Specifically, companies may have entered

into contracts under which they have already paid for credits needed

this year. An implementation date earlier than January 1, 1998 would,

according to the commenter, devalue those purchased credits without the

possibility of a refund to the purchaser.

EPA believes that the rule should go into effect by November 1,

1997, concurrent with the start of the oxygenated fuels program, in

order to

[[Page 60133]]

allow regulated parties maximum flexibility. A January 1, 1998 start

date falling in the middle of the state oxygenated fuels programs,

would likely add unnecessary confusion. Delaying the start date until

after the 1997-1998 oxygenated fuels season, e.g. until March 1, 1998

or later, would impose an unnecessary burden on the majority of

parties. Today's rule removes burdens associated with the maintenance

of separate recordkeeping, reporting, and product transfer

documentation for OPRG and non-OPRG categories, resulting in a general

reduction in compliance costs. A greater cost benefit would be realized

by the vast majority of parties if the rule is effective on November 1,

1997, the start date of the oxygenated fuels program. Today's rule

eliminates the prohibition on adding oxygen to finished RFG, which

provides regulated parties in overlap areas with added flexibility in

meeting both RFG and oxygenated fuels program standards.

Although there may be an adverse effect on a few parties, the vast

majority will benefit from the earliest implementation of today's rule.

EPA has provided guidance on submitting 1997 RFG reports elsewhere

in this notice.

Effects on Compliance Burdens and Recordkeeping

Five commenters agreed that the rule to do away with the

distinction between OPRG/non-OPRG will help add flexibility and reduce

compliance burdens. Three of these five also agreed that this will also

reduce compliance costs. EPA concurs with these statements. A sixth

commenter was concerned that this rule will increase refiner's

compliance burdens, but did not elaborate on how these burdens will

increase. EPA believes that the reduction of the recordkeeping and

reporting burdens associated with the OPRG category results in a

positive impact in terms of cost, burden, and time for the vast

majority of regulated parties.

Reporting

Some commenters who were supportive of the proposal also noted that

they might not have sufficient lead time to redesign their accounting

methods and reporting software. These commenters asked for flexibility

in reporting. One commenter asked that reporting parties should be

given the option of reporting the OPRG/non-OPRG categories for reports

covering calendar year 1997.

EPA understands that this change may require alterations to some

parties' accounting methods and software. For annual reports covering

calendar year 1997 and for batch reports after November 1, 1997, a

reporting party may choose to report using the OPRG/non-OPRG categories

(i.e., to report ``as usual'') or to report all OPRG in the appropriate

non-OPRG categories.

For 1997 and subsequent years, EPA will look to the refiner's

entire RFG production in order to determine compliance with the annual

average for oxygen and will no longer recognize any distinction between

OPRG and non-OPRG. The same approach will apply for compliance with the

oxygen average for VOC-controlled RFG under the simple model.

EPA plans to amend its reporting forms as soon as practicable in

order to reflect the elimination of the OPRG/non-OPRG distinction.

The RFG reports affected by this rule are: ``Reformulated Gasoline

Program Oxygen Content Averaging Report'' (Simple Model & Complex

Model), ``Reformulated Gasoline Program Credit Transfer Summary

Report,'' and the ``Reformulated Gasoline and Anti-Dumping Batch

Reports.''

Product Transfer Documentation

Some commenters have asked whether they must eliminate the OPRG/

non-OPRG distinction on their product transfer documentation.

Redesigned documentation and forms may not be ready by the effective

date.

Today's action removes all OPRG/non-OPRG distinctions in the

regulations as of the November 1, 1997 effective date. Although parties

may continue to use product transfer documentation differentiating OPRG

from non-OPRG, such distinction is not required by EPA because it no

longer holds any importance. However, regulated parties may wish to

phase-out their use of OPRG category reporting, in order to reduce

confusion.

Effects on Oxygenate Use/Toxic Increase

One commenter stated that removal of the OPRG category will cause

refiners to use less oxygenate and more aromatics in their gasoline.

The addition of aromatics would substitute for lost octane. This effect

was not quantified by the commenter, who stated that today's rule will

cause the gasoline to emit more toxics.

It is important to remember that EPA has not altered the standards

applicable to refiners for oxygen content and toxics under either the

reformulated gasoline or oxygenated fuels programs. Furthermore, the

gasoline quality survey program for oxygenates and toxics, and other

enforcement mechanisms still exist to ensure that the full

environmental benefits of the oxygenate content and toxics standards

are realized.

It is possible that elimination of the OPRG/non-OPRG distinction

may result in some decrease in the use of oxygenates, since credits

generated in RFG areas that are also oxygenated fuels program areas

(i.e. areas requiring a relatively high oxygen content of least 2.7

weight % oxygen during the winter months) may be used in RFG areas that

are not oxygenated fuels program areas (i.e. areas requiring at least

2.0 weight % oxygen all year round). If oxygenate use decreases in some

RFG/non-oxygenated fuels program areas, it is possible that toxics may

increase in those areas. Nevertheless, EPA believes that the survey

mechanism (discussed in greater detail for the following comment) is

adequately designed to ensure the gasoline quality in each covered area

will meet the standards on average for toxics.

Effects on Oxygenate Use/Survey Failures

EPA received comments pertaining to the oxygenate use and survey

failures. The commenters all agreed that EPA's enforcement mechanisms,

including gasoline quality surveys, provide a means to ensure

compliance with RFG program requirements. Two commenters thought that

there may be a marginal increase in risk, but this would be discovered

through the surveys and corrected.

One commenter was concerned that blenders will take advantage of

the elimination of the OPRG/non-OPRG distinction to minimize oxygenate

use and this will cause areas to fail the surveys. A commenter felt

that survey failures result from ``refiners [who] are learning to use

the [credit trading] program.'' 6

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\6\ The commenter also urged EPA to ratchet the minimum oxygen

standard from 1.5 weight % to 1.6 weight % for areas that failed the

oxygen survey series in 1996. On July 31, 1997, EPA published a

notice in the Federal Register announcing a ratchet for several

covered areas. Please refer to ``Change in Minimum Oxygen Content

for Reformulated Gasoline--Notice,'' 62 FR 41047 (July 31, 1997) for

further information.

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EPA agrees that the risk of survey failures may increase in the

absence of the OPRG/non-OPRG distinction, because more credits from RFG

areas with wintertime oxygenated fuels program may be used by refiners

to show compliance with the annual oxygen average applicable to the

refiner, with less reliance on use of oxygen in RFG destined for RFG

areas that are not

[[Page 60134]]

wintertime oxygenated fuels program areas. (See the preceding comment.)

The existence of the credit trading program was required by section

211(k)(7) of the Clean Air Act as amended in 1990, 42 U.S.C. Sec. 7545.

Compliance with the RFG oxygen standards is shown over the course of a

calendar year averaging period. Credits may be traded within and

between all covered areas. A general risk always exists, even in the

absence of the OPRG/non-OPRG distinction, that one area may receive RFG

with a slightly higher oxygen content than another area. The compliance

survey provisions, with ratchets upon survey failures, were adopted by

the Agency to address this risk. In 1993 and 1994, the specific risk of

uneven RFG quality due to overlapping RFG and oxygenated fuels program

areas was significantly greater than it is today. Since 1993 and 1994,

many areas have redesignated to attainment for carbon monoxide (CO) and

were able to drop the oxygenated fuels program. The specific risk that

an area might receive relatively low oxygen RFG because of program

overlap has lessened, and EPA believes that the existing survey and

enforcement mechanisms are adequate to address any additional risks

there might be from eliminating the OPRG/non-OPRG category.

Phoenix, AZ

Phoenix, AZ recently opted in to the Federal RFG program. One

commenter stated that this should not affect the decision to remove the

OPRG reporting category. EPA agrees with this comment. Overall, the

number of non-California RFG/oxygenated fuels program overlap areas has

decreased significantly since the RFG program regulations were

finalized in 1993. EPA does not believe that the addition of Phoenix to

the program warrants the burden and expense associated with retention

of the OPRG category.

Economic Impact

EPA received one comment from a party who claimed that today's rule

might have an unspecified negative economic impact on one sector of the

oxygenate industry (i.e., the sector that deals with oxygen credit

contracts). Another commenter stated that the effort of eliminating the

OPRG/non-OPRG distinction may be a great one compared to the benefit

received. All other commenters endorsed the proposed changes as

economically beneficial.

EPA believes that the vast majority of regulated entities,

including small businesses, are reasonably expected to experience

significant cost savings as a result of today's regulation. EPA does

not believe that today's action will, in and of itself, have any

significant impact on oxygenate markets.

EPA disagrees with the characterization that the elimination of

removing the OPRG/non-OPRG distinction would require great effort. The

Agency has designed the regulatory changes to permit great flexibility

for all affected parties. For example, EPA has permitted flexibility in

reporting for all RFG and anti-dumping reports covering calendar year

1997 and due to be submitted on or after November 1, 1997.

III. Today's Rule

EPA is amending the Federal RFG regulations to remove the use of a

separate OPRG category and to eliminate the distinction between OPRG

and non-OPRG. The following sections would be affected by today's

proposal. In most cases, the changes are minor and would remove

references to, and distinctions between, the eliminated OPRG category

and RFG which is non-OPRG.

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40 CFR Part 80, Section Description of change

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Section 80.2--Definitions. 80.2(nn).... Definition of ``Oxygenated

fuels program reformulated

gasoline,'' or ``OPRG'' is

deleted.

Section 80.65--General requirements for Requirements for designation of

refiners, importers, and oxygenate gasoline as OPRG or non-OPRG

blenders. 80.65(d)(2)(iii) (A) and (B). are deleted.

Section 80.67--Compliance on average. Deletes requirements to meet

80.67(f)(2)(ii), 80.67(h)(1)(v) (A) oxygen average separately and

and (B). to segregate credits for non-

OPRG, since the OPRG versus

non-OPRG distinction is

eliminated.

Section 80.69--Requirements for These sections are deleted, to

downstream oxygen blending. 80.69(f) reflect that there would no

(1) and (2). longer be a category known as

``OPRG.'' \7\

Section 80.75--Reporting requirements. For 80.75(f)(2)(ii)(A) (1)

80.75(f)(2)(ii)(A) (1) through (4) and through (4), the OPRG and non-

(B) (1) and (2); 80.75(f)(2)(iii)(B); OPRG distinction is

80.75(h)(2) (i) and (ii) 80.75(p). eliminated. Thus, the only

categories remaining are VOC-

controlled (divided into

subcategories 1 and 2) and non-

VOC-controlled RFG. Section

80.75(f)(2)(ii)(B) (1) and (2)

is deleted in order to

eliminate to OPRG and non-OPRG

distinction. Section

80.75(f)(2)(iii)(B), which

refers to gasoline designated

as non-OPRG, is deleted.

Section 80.77--Product transfer Requirement to identify

documentation. 80.77(g)(1)(ii). gasoline as OPRG or non-OPRG

is deleted.

Section 80.78--Controls and Before today's rule, this

prohibitions on reformulated gasoline. section prohibits addition of

80.78(a)(6). oxygen to finished RFG, unless

such RFG is designated as OPRG

used in an oxygenated fuels

control area during the

oxygenated fuels control

period. This OPRG

``exception'' is amended to

allow for elimination of the

OPRG/non-OPRG categories.

Specifically, the amended

section allows for addition of

oxygenate to RFG intended for

and used in an oxygenate

gasoline program area.

Sections 80.128 and 80.129--Agreed upon Requirement to compare PTD

procedures for refiners and importers designation consistency for

and Agreed upon procedures for OPRG versus non-OPRG is

oxygenate blenders. 80.128(d)(2) and removed. Similar requirement

80.129(d)(3)(iv). for downstream oxygenate

blenders is removed.

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\7\ Note the change to section 80.78(a)(6).

IV. Statutory Authority

Sections 114, 211, and 301(a) of the Clean Air Act as amended (42

U.S.C. 7414, 7545, and 7601(a)).

V. Environmental Impact

This rule is expected to have no environmental impact. The original

reason for the OPRG category was concern that RFG quality might suffer

in areas that were not both oxygenated fuels program and RFG areas.

There were several such areas when the RFG rules were promulgated.

However, there are now only two areas, the New York/New Jersey/

Connecticut CMSA and

[[Page 60135]]

Phoenix, Arizona, which currently have overlapping programs during the

winter months. EPA is aware of no data indicating that today's

regulation will encourage the use of lower oxygen content RFG. The

oxygenated fuels program and RFG program oxygen standards remain in

place. The RFG standards are Federally enforced through a variety of

enforcement mechanisms, including the oxygen survey program, which is

specifically designed to ensure that oxygen standards are met on

average in all RFG cities.

VI. Economic Impact and Impact on Small Entities

EPA has determined that this final rule will not have a significant

impact on a substantial number of small entities. Small entities

include small businesses, small not-for-profit enterprises, and small

governmental jurisdictions. Today's regulation would have a positive

economic impact on the great majority of entities regulated by the RFG

regulation, including small businesses. The elimination of the OPRG/

non-OPRG distinction would result in increased flexibility for

regulated parties, including refiners, importers, and blenders.

Specifically, elimination of this distinction from the RFG regulations

alleviates the burden and cost associated with maintenance of separate

recordkeeping, reporting, and product transfer documentation category

for OPRG and non-OPRG gasoline. Elimination of the OPRG/non-OPRG

distinction should also result in a general reduction of compliance

costs associated with the need to meet the oxygen average separately

for two classes of RFG. A regulatory flexibility analysis has therefore

not been prepared.

VII. Paperwork Reduction Act

Per the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., and

implementing regulations, 5 CFR Part 1320, this action does not involve

the addition of any collection of information as defined therein.

VIII. Executive Order 12866

Under Executive Order 12866,8 the Agency must determine

whether a regulation is ``significant'' and therefore subject to

interagency review under the Executive Order. The Order defines

``significant regulatory action'' as one that is likely to result in a

rule that may:

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\8\ 58 FR 51735 (October 4, 1993).

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(1) Have an annual effect on the economy of $100 million or more,

or adversely affect in a material way the economy, a sector of the

economy, productivity, competition, jobs, the environment, public

health or safety, or State, local or tribal governments of communities;

(2) Create a serious inconsistency or otherwise interfere with an

action taken or planned by another agency;

(3) Materially alter the budgetary impact of entitlements, grants,

user fees, or loan programs or the rights and obligations of recipients

thereof, or

(4) Raise novel legal or policy issues arising out of legal

mandates, the President's priorities, or the principles set forth in

this Executive Order.9

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\9\ Id. at section 3(f)(1)-(4).

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It has been determined that this rule is not a ``significant

regulatory action'' under the terms of Executive Order 12866 and is

therefore not subject to interagency review under the Order.

IX. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``UMRA''), Pub. L. 104-4, EPA must prepare a budgetary impact

statement to accompany any general notice of proposed rulemaking or

final rule that includes a Federal mandate which may result in

estimated costs to State, local, or tribal governments in the

aggregate, or to the private sector, of $100 million or more. Under

Section 205, for any rule subject to Section 202 EPA generally must

select the least costly, most cost-effective, or least burdensome

alternative that achieves the objectives of the rule and is consistent

with statutory requirements. Under Section 203, before establishing any

regulatory requirements that may significantly or uniquely affect small

governments, EPA must take steps to inform and advise small governments

of the requirements and enable them to provide input.

EPA has determined that this rule does not include a federal

mandate as defined in UMRA. The rule does not include a Federal mandate

that may result in estimated annual costs to State, local or tribal

governments in the aggregate, or to the private sector, of $100 million

or more, and it does not establish regulatory requirements that may

significantly or uniquely affect small governments.

X. Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) of the Regulatory Flexibility Act as

added by the Small Business Regulatory Enforcement Fairness Act of

1996, EPA submitted a report containing this rule to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

List of Subjects in 40 CFR Part 80

Environmental protection, Air pollution control, Gasoline,

Reformulated gasoline, Motor vehicle pollution.

Dated: October 31, 1997.

Carol M. Browner,

Administrator.

40 CFR part 80 is amended as follows:

PART 80--REGULATION OF FUELS AND FUEL ADDITIVES

1. The authority citation for part 80 continues to read as follows:

Authority: Secs. 114, 211, and 301(a) of the Clean Air Act as

amended (42 U.S.C. 7414, 7545, and 7601(a)).

Sec. 80.2 [Amended]

2. Section 80.2 is amended by removing and reserving paragraph

(nn).

Sec. 80.65 [Amended]

3. Section 80.65 is amended by removing and reserving paragraph

(d)(2)(iii).

4. Section 80.67 is amended by removing and reserving paragraph

(f)(2)(ii) and by revising paragraphs (h)(1)(v)(A)(1) and

(h)(1)(v)(A)(2) and by removing and reserving paragraph (h)(1)(v)(B)

and by removing paragraphs (h)(1)(v)(A)(3) and (h)(1)(v)(A)(4) to read

as follows:

Sec. 80.67 Compliance on average.

* * * * *

(h) * * *

(1) * * *

(v) * * *

(A) * * *

(1) VOC controlled; and

(2) Non-VOC controlled.

(B) [Reserved]

* * * * *

Sec. 80.69 [Amended]

5. Section 80.69 is amended by removing paragraph (f).

6. Section 80.75 is amended by revising paragraphs

(f)(2)(ii)(A)(1), (f)(2)(ii)(A)(2), (h)(2)(i)(A) and (h)(2)(i)(B) and

by removing paragraphs (f)(2)(ii)(A)(3), (f)(2)(ii)(A)(4),

(h)(2)(i)(C), (h)(2)(i)(D) and by removing and reserving (h)(2)(ii) to

read as follows:

Sec. 80.75 Reporting requirements.

* * * * *

(f) * * *

(2) * * *

(ii) * * *

[[Page 60136]]

(A) * * *

(1) Gasoline designated as VOC-controlled; and

(2) Gasoline designated as non-VOC-controlled.

* * * * *

(h) * * *

(2) * * *

(i) * * *

(A) VOC-controlled; and

(B) Non-VOC-controlled.

* * * * *

7. Section 80.77 is amended by removing and reserving paragraph

(g)(1)(ii).

8. Section 80.78 is amended by revising paragraph (a)(6) to read as

follows:

Sec. 80.78 Controls and prohibitions on reformulated gasoline.

(a) * * *

(6) No person may add any oxygenate to reformulated gasoline,

except that such oxygenate may be added to reformulated gasoline

provided that such gasoline is used in an oxygenated fuels program

control area during an oxygenated fuels control period.

* * * * *

9. Section 80.128 is amended by revising paragraph (d)(2) to read

as follows:

Sec. 80.128 Agreed upon procedures for refiners and importers.

* * * * *

(d) * * *

(2) Compare the product transfer documents designation for

consistency with the time and place, and compliance model designations

for the tender (VOC-controlled or non-VOC-controlled, VOC region for

VOC-controlled, summer or winter gasoline, and simple or complex model

certified); and

* * * * *

10. Section 80.129 is amended by revising paragraph (d)(3)(v) to

read as follows:

Sec. 80.129 Agreed upon procedures for downstream oxygenate blenders.

* * * * *

(d) * * *

(3) * * *

(v) Review the time and place designations in the product transfer

documents prepared for the batch by the blender, for consistency with

the time and place designations in the product transfer documents for

the RBOB (e.g. VOC-controlled or non-VOC-controlled, VOC region for

VOC-controlled, and simple or complex model).

* * * * *

[FR Doc. 97-29385 Filed 11-5-97; 8:45 am]

BILLING CODE 6560-50-P