EPA v. VIESEL FUEL, LLC

Case summary

4/19/16 - CONSENT AGREEMENT AND FINAL ORDER ISSUED, ASSESSING ATOTAL PENALTY OF $64,090(CERCLA VIOLATION - $11,505 AND EPCRA VIOLATIONS - $52,585). ORDER ALLEGES: VIOLATION OF SECTION 103(a) ON APRIL 1, 2015, A RELEASE OF METHANOL ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 103(a) OF CERCLA, BY FAILING TO IMMEDIATELY NOTIFY THE NRC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF METHANOL IN AN AMOUNT EQUAL TO OR GREATER THAN ITS RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF SECTION 304(a) OF EPCRA ON APRIL 1, 2015, A RELEASE OF METHANOL ABOVE THE RQ OCCURRED AT THE FACILITY. EPA ALLEGES THAT THE RELEASE RESULTED IN THE POTENTIAL FOR EXPOSURE TO PERSONS BEYOND THE SITE OR SITES ON WHICH THE FACILITY IS LOCATED. EPA ALLEGES THAT RESPONDENT VIOLATED THE NOTIFICATION REQUIREMENTS OF SECTION 304(a) OF EPCRA, BY FAILING TO IMMEDIATELY NOTIFY THE SERC AND LEPC AS SOON AS RESPONDENT HAD KNOWLEDGE OF THE RELEASE OF METHANOL IN AN AMOUNT EQUAL TO OR GREATER THAN THE RQ AT RESPONDENT'S FACILITY. VIOLATIONS OF SECTION 312 OF EPCRA AT SOME TIME DURING CALENDAR YEARS 2014, 2013, AND 2012, METHANOL WAS PRESENT AT THE FACILITY IN AN AMOUNT EQUAL TO OR GREATER THAN 10,000 POUNDS. RESPONDENT FAILED TO SUBMIT A COMPLETED EMERGENCY AND HAZARDOUS CHEMICAL INVENTORY FORM FOR METHANOL TOTHE SERC, THE LEPC, AND FIRE DEPARTMENT WITH JURISDICTION OVER THE FACILITY FOR CALENDAR YEARS 2014, 2013, AND 2012, AND BY MARCH 1 OF THE FOLLOWING YEAR. EPA ALLEGES THAT RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 312 OF EPCRA, AT ITS FACILITY FOR CALENDAR YEARS 2014, 2013, AND 2012. VIOLATIONS OF EPCRA SECTION 313 RESPONDENT'S FAILED TO SUBMIT A FORM R FOR METHANOL TO THE ADMINISTRATOR OF THE EPA AND TO THE OFFICIAL DESIGNATED BY THE GOVERNOR OF THE STATE OF FLORIDA BY JULY 1ST OF THE REQUIRED REPORTING YEARS. EPA ALLEGES THAT RESPONDENT VIOLATED THE REPORTING REQUIREMENTS OF SECTION 313 OF EPCRA, AT ITS FACILITY FOR CALENDAR YEARS 2013 AND 2012.

Defendants (1)

• VIESEL FUEL, LLCNamed in complaintNamed in settlement

Facilities (1)

• VIESEL FUEL LLC

  3041 SE DOMINICA TER, STUART, FL, 349975715

  Registry ID: 110056303888

Statutes cited

• CERCLA 103A — Notification of Hazardous Reportable Quantity Release
• EPCRA 304 — Emergency Release Notification Section 313 Program
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)

Enforcement conclusions (1)

• VIESEL FUEL, LLCentered 2016-04-19

  Primary law: EPCRA

  Federal penalty: $64,090

Timeline (4 milestones)

• 2016-04-19Complaint Filed/Proposed Order
• 2016-04-19Final Order Issued
• 2016-05-03Enforcement Action Data Entered
• 2016-05-17Enforcement Action Closed