EPA v. BCF OIL REFINING INC

Case summary

THIS REFERRAL IS PURSUANT TO SECTION 3008(A) AND (G) OF RCRA, 42 U.S.C. SECTION 6928(A) AND (G), FOR INJUNCTIVE RELIEF AND CIVIL PENALTIES. AT THE REQUEST OF REGION II, EPA'S NEIC CONDUCTED IN- VESTIGATIONS AT TEN FACILITIES IN NEW YORK AND NEW JERSEY, TO DETERMINE THEIR COMPLIANCE WITH THE WASTE OIL REG'S. THESE INVESTIGATIONS, FOCUSED ON WHETHER THE MARKETING ACTIVITIES OF THESE FACILITIES COMPLIED WITH SUBPARTS D AND E OF 40 C.F.R. PART 266. BCF, WAS FOUND TO BE IN VIOLATION OF THE WASTE OIL REGULATIONS. IN THIS CASE, NEIC ANALYSIS OF THE SAMPLES COLLECTED AT BCF'S FACILITY LOCATED IN BROOKLYN, N.Y., REVALED THE PRE- SENCE OF TOTAL HALOGENS AT LEVELS WELL OVER 1,000 PPM OM SIX OF THE EIGHT TANKS AND TRUCKS SAMPLED. THESE SAMPLING RE- SULTS MEAN THAT BCF WAS SUBJECT TO 40 C.F.R. PART 266, SUB- PART D, AND RCRA SUBTITLE C REQUIREMENTS. THE ENVIRONMENTAL CONSEQUENCES OF VIOLATIONS OF PART 266 REG'S ARE POTENTIALLY SERIOUS. IF, AS THE DEFENDANT CLAIMS, IT IS MARKETING ITS PRODUCT OIL AS MEETING THE SPECIFI- CATIONS FOR USED OIL, THEN SUCH OIL MAY BE MARKETED TO BURNERS SUCH AS RESIDENTIAL BUILDINGS. THESE BUILDINGS MAY BURN THE OIL FOR HEAT IN COLD WEATHER, IF THE OIL IS IN FACT OFF-SPECIFICATION, OR HAZARDOUS WASTE FUEL, THE RESI- DENTS OF THE BUILDING, AND THE PEOPLE IN THE SURROUNDING AREA, MAY BREATHE UNHEALTHY, AND POSSIBLY DANGEROUS LEVELS OF CONTAMINANTS. BECAUSE OF THIS POTENTIALLY DANGEROUS SITUATION, ENFORCING THE REGULATORY REQ'S AND FILING A COMPLAINT PROMPTLY IN FEDERAL COURT ASSUMES INCREASED IM- PORTANCE. EPA REGION II HAS ALREADY BEEN IN CONTACT WITH MS. ROBIN GREENWALD OF THE UNITED STATES ATTY'S OFFICE, EASTERN DIST- RICT OF NEW YORK, WHO HAS EXPRESSED AN INTERESTED IN HAND- LING THESE CASES. BY FILING THESE EIGHT CASES, THE U.S. CAN BEGIN TO ESTABLISH AN ENFORCEMENT PRESENCE IN AN AREA WHERE NONCOMPLIANCE THREATENS PUBLIC HEALTH. * FACILITY ADDRESS: 360 MASPETH AVE BROOKLYN, N.Y. 11211 OWNERSHIP: PRIVATE SIC CODE : 5084 * RETURNED TO REGION JANUARY 4, 1989 * REREFERRED TO DOJ SEPTEMBER 29, 1989 * NOTE FROM CARL HOWARD, 05/06/94: CONSENT DECREE SIGNED AND ENTERED ON 05/04/94.

Defendants (1)

• BCF OIL REFINING INCNamed in complaintNamed in settlement

Facilities (1)

• TANKS-A-LOT INC

  360 MASPETH AVE, BROOKLYN, NY, 11211

  Registry ID: 110001595854

Statutes cited

• RCRA 3005 — Permits for Treatment, Storage, or Disposal of Hazardous Waste
• RCRA 3004 — Hazardous Waste Treatment, Storage, and Disposal Standards
• RCRA 3002 — Standards Applicable to Generators of Hazardous Waste

Enforcement conclusions (1)

• BCF OIL REFINING, INC.entered 1994-05-04

  Primary law: RCRA

  Federal penalty: $100,000

Timeline (8 milestones)

• 1988-09-28Referred To Dept Of Justice
• 1989-01-04Returned To Region
• 1989-09-29Rereferred
• 1990-06-12Complaint Filed With Court
• 1994-05-04Final Order Lodged
• 1994-05-04Final Order Entered
• 1994-05-04Concluded
• 1996-01-01Enforcement Action Closed