ON AUGUST 20, 1997, EPA CONDUCTED AN INSPECTION AT RESPONDENT'S RETAIL OUTLET LOCATED AT 3901 TAYLOR BLVD., LOUISVILLE, KY 40215. THE INSPECTION WAS CONDUCTED TO DE- TERMINE COMPLIANCE WITH SECTION 211(K) OF THE ACT, 42 USC SECTION 7545(K) AND THE REGULATIONS ISSUED THEREUNDER (40 CFR PART 80, SUBPART D). AS A RESULT OF THE INSPECTION AND FOLLOW-UP INVESTIGATION, EPA HAS DETERMINED THAT DURING AUGUST 1997, RESPONDENT COMBINED AND OFFERED FOR SALE AT ITS RETAIL OUTLET, FIVE STAR MART #863, VOC-CONTROLLED REFORMULATED GASOLINE THAT CONTAINED ETHANOL AND MTBE. AS A RESULT OF THE INFORMATION REQUEST, EPA DETERMINED THAT DURING MAY THROUGH JULY 1997, RESPONDENT COMBINED AND OFFERED FOR SALE AT ITS RETAIL OUTLET, FIVE STA MART #863, 35 LOADS OF VOC-CONTROLLED REFORMULATED GASOLINE THAT CONTAINED ETHANOL AND MTBE. WHERE THE GASOLINE CONTAINED IN ANY STORAGE TANK AT ANY RETAIL OUTLET IS FOUND IN VIOLATION, 40 CFR 80.79(A)(1) STATES THAT THE RETAILER AND/OR DISTRIBUTOR SHALL BE DEEMED IN VIOLATION. THEREFORE, AS THE RETAILER AND/OR DISTRIBUTOR WHO COMBINED ETHANOL VOC-CONTROLLED REFORMULATED GASOLINE, RESPONDENT WAS HELD LIABLE FOR VIOLATION OF SECTION 80.78(A)(8).