EPA v. RCF FUEL OIL CORP.

Case summary

ON JUNE 17, 1996, AN EPA INSPECTION FOUND THE DIESEL FUEL IN THE PROPULSION TANKS OF TWO TRUCKS IN REPONDENT'S COMMERCIAL FLEET HAD VISIBLE EVIDENCE OF DYE AND HAD A SULFUR PERCENTAGE, BY WEIGHT, GREATER THAN 0.05 PERCENT (ACTUAL EPA LABORATORY RESULTS WERE 0.053 AND 0.2098 WT. PERCENT SULFUR. IN ORDER TO PREVENT FUTURE VIOLATIONS, RESPONDENT HAS CLEARLY MARKED THE HOSES, METERS AND TANKS TO DIFFERENTIATE BETWEEN THE DIESEL AND HEATING OIL TANKS. RESPONDENT WILL MAKE GOOD FAITH EFFORTS TO VISUALLY INSPECT ALL DELIVERIES OF DIESEL FUEL TO VERIFY THE ABSENCE OF VISIBLE DYE. IF ANY DYED FUEL IS FOUND, THE DELIVERY WILL BE STOPPED, THE CONTENTS OF THE TANK CONTAINING ANY DYED FUEL AND ANY TANK OR HOSES CONTAMINATED WITH DYED DIESEL WILL BE FLUSHED BEFORE USE IN FUELING DIESEL MOTOR VEHICLES AND THE FACILITY RESUPPLIED WITH UNDYED LOW SULFUR DIESEL.

Defendants (1)

• RALPH FUCILLO/RCF FUEL OIL CORP.Named in complaintNamed in settlement

Facilities (2)

• RCF FUEL OIL CORP.

  274-C W. MONTAUK, HAMPTON BAYS, NY, 11946

  Registry ID: 110019593670

• RCF FUEL OIL CORP.

  274-C W. MONTAUK, HAMPTON BAYS, NY, 11946

  Registry ID: 110019593670

Statutes cited

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

Enforcement conclusions (1)

• RCF FUEL OIL CORP.entered 1997-12-02

  Primary law: CAA

  Federal penalty: $3,600

Timeline (4 milestones)

• 1997-04-15Complaint Filed/Proposed Order
• 1997-12-02Final Order Issued
• 1997-12-02Enforcement Action Closed
• 1998-10-31Enforcement Action Data Entered