THIS CASE CONCERNS TWO VIOLATIONS: FIRST VIOLATION THIS 1997 RFG VIOLATION WAS FOUND DURING A JULY 21, 1997 EPA FOLLOW-UP OF A VIOLATION FIRST REPORTED B Y SOUTHWEST RESEARCH INSTITUTE ( SWRI ). SWRI CONDUCTS INDE PENDENT RFG FUEL SURVEYS UNDER CONTRACT FOR THE RFG SURVEY A SSOCIATION. A SURVEY SAMPLE COLLECTED JUNE 17, 1997 AT A MA AS PETROLEUM UNBRANDED RETAIL OUTLET IN MILWAUKEE COUNTY WI SCONSIN, A COVERED AREA UNDER THE RFG PROGRAM, FAILED TO MEE T THE APPLICABLE RFG STANDARD OF 1.5 MINIMUM WT % FOR OXYGEN FOR USE IN THIS COVERED AREA. THE MIDGRADE GASOLINE'S OXYG EN CONTENT WAS 0.08 WT% AND WAS SUPPLIED BY KOCH REFINING CO , LP ( KOCH ) MILWAUKEE TERMINAL. KOCH ADMITTED THAT BEGINN ING ON APRIL 26, 1997, NO ETHANOL WAS ADDED TO THE 89 OCTANE MID-GRADE DURING IN-LINE BLENDING (ALLEGING THIS WAS DUE TO AN ERROR IN CHANGING THE COMPUTER-CONTROLLED RECIPE THE D AY BEFORE) AND THAT THE SITUATION CONTINUED UNTIL THE EPA IN SPECTION ON JULY 21, 1997. BEFORE THE ISSUANCE OF THE NOV, KOCH HAD CONCEDED THEIR DEFENSES, LIABILITY, THE AMOUNT OF GALLONS IN QUESTION (873,587 GALLONS) AND THE DURATION OF TH E VIOLATION. KOCH IS THE OXYGENATE BLENDER AND DISTRIBUTOR. SECOND VIOLATION A SECOND VIOLATION OF THE RFG REGULATIONS WAS FOUND DURING A DIRECTED EPA INSPECTION AT THE MILWAUKEE TERMINAL ON MAY 26 , 1998. THE COMPLEX MODEL STANDARDS FOR RFG WENT INTO EFFEC T ON JANUARY 1, 1998. MILWAUKEE COUNT