ON JUNE 4, 1998, BIONETICS CONDUCTED A RANDOM INSPECTION O F RESPONDENTS' BRANDED RETAIL OUTLET, GOODALE'S C-STORE, LOC ATED AT 625 NORTH AVENUE, BATTLE CREEK, MICHIGAN. GASOLINE SOLD AT GOODALE'S C-STORE FAILED TO MEET THE APPLICABLE RVP STANDARD. SPECIFICALLY, THE MIDGRADE, 89 OCTANE, GASOLINE H AD AN RVP OF 9.359 PSI ON JUNE 4, 1998, WHICH EXCEEDS THE AP PLICABLE STANDARD OF 9.0 PSI. AS THE RETAILER WHO OWNS, LEA SES, OPERATES, CONTROLS, AND/OR SUPERVISES THE RETAIL OUTLET WHERE THE VIOLATION WAS FOUND, DAVIS OIL CO., IS LIABLE FOR VIOLATION OF 40 C.F.R. 80.27(A)(2) PURSUANT TO 40 C.F.R. 80.28(E). THE NOV WAS ISSUED ON AUGUST 19, 1999, WITH A PROPOSED PENAL TY OF $1,500. THE MAXIMUM ECONOMIC BENEFIT FOR THE DOCUMEN TED VIOLATION IS $68.01 AS PER RVP PENALTY POLICY. RESPONDE NT HAS SUBMITTED A LETTER TO EPA IN WHICH THEY EXPLAIN THAT A CHANGE IN THE STANDARD OPERATING PROCEDURE FOR ORDERING AN D TRANSPORTATION OF THIS OUTLET'S GASOLINE CAUSED THE LOW TU RNOVER. ON THE DATE OF INSPECTION RESPONDENT'S TANK WAS DOW N TO 844 GALLONS AND A DELIVERY WAS EXPECTED IMMINENTLY WHIC H WOULD HAVE COMPLETED THE TURNOVER OF THE TANKS TO SUMMER F UEL. HOWEVER, RESPONDENT HAS AFFIRMED THAT THE SITUATION HA D BEEN CORRECTED AND WOULD NOT RE-OCCUR IN THE FUTURE. THER EFORE, THE PROPOSED PENALTY WAS MITIGATED TO $1,000. NOV V. BRANDED REFINER (AED/MSEB #4943 DATED 8/19/99) DROPPE D ON 1/6/00. CASE V. RETAIL OUTLET S