EPA v. BEMER PETROLEUM CORP.

Case summary

On September 3, 2024, EPA and Bemer Petroleum Corp. reached agreement on a Notice of Violation and Administrative Order on Consent (NOV/AOC) to improve chemical safety at three properties associated with the company's propane and industrial gas distribution business in Glastonbury, Connecticut. Connecticut's Emergency Response Commission requested that EPA inspect the business after the company had not complied with fire code citations issued by the Town of Glastonbury. EPA inspected the business on March 18 and May 7, 2024 and found violations of the Clean Air Act's chemical accident prevention provisions, the Emergency Planning and Community Right-to-Know Act, and the Clean Water Act's oil spill prevention requirements. Bemer Petroleum has almost completely addressed the EPCRA and oil spill requirements, and the NOV/AOC will require compliance with the Clean Air Act's General Duty Clause. The General Duty Clause violations include alleged failure to identify hazards that may result from accidental releases of extremely hazardous substances; using appropriate hazard assessment techniques, design and maintain a safe facility taking such steps as are necessary to prevent releases; and, minimize the consequences of a release should one occur. EPA alleges approximately 90 findings of dangerous conditions associated with Counts 2 and 3. A propane expert, funded through an OECA contract, helped EPA prioritize safety actions at the site to reduce risks to nearby residences and businesses. This is a direct implementation matter, although EPA has been working with local, state, and federal agencies for months to respond to conditions at the properties. EPA informed its state, local, and federal partners upon issuance of the NOV/AOC.

Defendants (1)

• Bemer Petroleum Corp.Named in complaintNamed in settlement

Facilities (1)

• BEMER PETROLEUM CORP.

  210 COMMERCE STREET, GLASTONBURY, CT, 06033

  Registry ID: 110056720133

Statutes cited

• CAA 112R — General Duty/Accidental Release

Enforcement conclusions (1)

• BEMER PETROLEUM CORP.entered 2024-09-03

  Primary law: CAA

Timeline (3 milestones)

• 2024-09-03Complaint Filed/Proposed Order
• 2024-09-03Final Order Issued
• 2024-09-23Enforcement Action Data Entered