EPA v. CITGO

Case summary

10/17/97 TWO RFG VIOLATIONS: THE ENTIRE STATE OF MASSACHUSETTS IS AN OPT-IN AREA FOR RFG. DIESEL DAN'S: ON FEBRUARY 16, 1995, EPA CONDUCTED AN INSPECTION AT DIESEL DAN'S UNBRANDED GASOLINE RETAIL OUTLET LOCATED AT 10 PLEASANT STREET, LEE, MA. EPA'S INSPECTION DETERMINED THAT CONVENTIONAL GASOLINE HAVING AN OXYGEN CONTENT LESS THAN ALLOWABLE MINIMUM WEIGHT PERCENT WAS BEING SOLD OR OFFERED FOR SALE AT THE TIME OF THE INSPECTION. THE GASOLINE'S AVERAGE OXYGEN CONTENT WAS 0.125, WHICH IS LESS THAN THE ALLOWABLE MINIMUM MINIMUM OF 1.5 OXYGEN WEIGHT PERCENT. PAYLESS: ON FEBRUARY 16, 1995, EPA CONDUCTED AN INSPECTION AT PAYLESS OIL'S UNBRANDED GASOLINE RETAIL OUTLET LOCATED AT 28 CRYSTAL STREET, LENNOXDALE, MA. EPA'S INSPECTON DETERMINE THAT CONVENTIONAL GASOLINE HAVING AN OXYGEN CONTENT LESS THAN THE ALLOWABLE MINIMUM WITHT PERCENT WAS BEING SOLD OR OFFERED FOR SALE AT THE TIME OF THE INSPECTION. THE GASOLINE'S AVERAGE OXYGEN CONTENT WAS 0.25, WHICH IS LESS THAN THE ALLOWABLE MINIMUM OF 1.5 OXYGEN WEIGHT PERCENT. EPA FURTHER DETERMINED THAT SPRAGUE ENERGY SUPPLIES FUEL TO DIESEL DAN AND TO PAYLESS FROM A CITGO TERMINAL. BOTH CITGO AND SPRAGUE ARE DISTRIBUTORS, MAKING THEM EACH LIABLE FOR THE VIOLATIONS.

Defendants (1)

• CITGONamed in complaintNamed in settlement

Facilities (2)

• LENOX OIL CO INC

  28 CRYSTAL ST, LENOX, MA, 01240

  Registry ID: 110003426668

• DIESEL DAN'S

  10 PLEASANT ST, LEE, MA, 01238

  Registry ID: 110010597853

Statutes cited

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

Enforcement conclusions (1)

• CITGOentered 1996-12-13

  Primary law: CAA

  Federal penalty: $3,072

Timeline (5 milestones)

• 1996-06-10Complaint Filed/Proposed Order
• 1996-12-13Final Order Issued
• 1996-12-13Compliance Achieved
• 1996-12-13Enforcement Action Closed
• 1997-10-17Enforcement Action Data Entered