EPA v. Apex Oil

Case summary

On December 2, 2008, a representative from the RFG Survey Association inspected the Fuel and Food, located at 3006 State Highway 30, Mayfield, NY 10547. The inspector found a diesel pump without the required label and dispensing diesel fuel containing 75 ppm sulfur over the 15ppm ULSD limit. A follow-up inspection of Fuel and Food on January 3, 2009, revealed a diesel fuel pump labeled as dispensing ULSD, however the sample tests showed fuel sulfur content was 96 ppm, above the maximum allowed 15 ppm sulfur standard. Product transfer documents obtained by EPA from Sunoco and messages exchanged on the RFG Survey Website revealed: - The December 2, 2008, sulfur standard violation was the fault of Apex as the operator of the fuel terminal associated with some of the fuel delivered to Fuel and Food prior to the December inspection. - The absence of appropriate pump labeling on December 2, 2008, is the fault of Fuel and Food. - The January 3, 2009, sulfur contamination is the fault of Griffith Energy.

Defendants (1)

• Paul A. NovellyNamed in complaintNamed in settlement

Facilities (1)

• APEX OIL, PETROLEUM FUEL AND TERMINAL

  8235 FORSYTH BLVD., SUITE 400, RENNESALAER, NY, 12144

  Registry ID: 110041221941

Statutes cited

• CAA 211 — Regulation of Fuels - Motor Vehicle and Engine Fuels

Enforcement conclusions (1)

• Apex Oilentered 2010-03-31

  Primary law: CAA

  Federal penalty: $30,000

Timeline (4 milestones)

• 2010-03-31Enforcement Action Closed
• 2010-03-31Complaint Filed/Proposed Order
• 2010-03-31Final Order Issued
• 2010-04-26Enforcement Action Data Entered