This question indicates a misunderstanding of the nature of the enforcement exemption for California gasoline at § 80.81. This exemption is from certain requirements intended to demonstrate compliance with the RFG and anti-dumping requirements, such as independent sampling and testing, and subsequent to March 1, 1996 when the California Phase II standards become effective, certain record keeping and reporting requirements.

Section 80.81 is not an exemption from meeting the RFG standards for gasoline used in RFG covered areas or the antidumping standards that apply to conventional gasoline. EPA has granted the exemption at § 80.81 because there is a presumption that gasoline produced to meet the California Phase II standards will also meet the federal RFG standards. If any gasoline produced in California does not meet the RFG standards (in the case of gasoline used in the Los Angeles or San Diego RFG covered areas), or the anti-dumping standards (in the case of gasoline used outside these RFG covered areas), the refiner or importer will have violated the RFG/anti-dumping regulations, for which penalties may be assessed.

As a result, gasoline used outside the RFG covered areas in California will be evaluated for compliance with the anti-dumping standards, and not with the RFG standards. As a practical matter, it is likely that gasoline produced to meet the California Phase II standards also would meet the federal anti-dumping standards. Nevertheless, California refiners should evaluate the refinery-specific anti-dumping standards (at § 80.101) that apply to their refineries to ensure these standards are met.(8/29/94)

This question and answer was posted at Consolidated List of Reformulated Gasoline and Anti-Dumping Questions and Answers: July 1, 1994 through November 10, 1997 (PDF)(333 pp, 18.17 MB, EPA420-R-03-009, July 2003, About PDF)