EPA v. CLARK REFINING & MARKETING

Case summary

PREET PETROLEUM, A RETAIL OUTLET, WAS DISCOVERED DURING A RANDOM INSPECTION TO HAVE VIOLATED THE APPLICABLE RFG STANDA RDS FOR MINIMUM VOC-EPR. FOLLOW UP INSPECTIONS AT DISTRIBUT OR/RESELLER, U.S. OIL CO., INC., AND REFINER, CLARK REFINING AND MARKETING, INC., DETERMINED THAT A BATCH OF ETHANOL RBO B FOR VOC REGION 2, EPA BATCH #09-000224, MANUFACTURED BY CL ARK AND THE MAJORITY OF WHICH WAS DISTRIBUTED BY U.S. OIL, F AILED TO MEET THE RFG STANDARD FOR VOC EPA SPECIFIED IN 40 C .F.R.  80.41. IN PARTICULAR, THE BATCH OF 87 OCTANE REGULA R GRADE RBOB, WHICH CONSISTED OF 891,925 GALLONS, HAD A VOC- EPR OF 10.35 % INSTEAD OF A MINIMUM VOC EPR OF 13.1%. AS TH E REFINER WHO MANUFACTURED AND/OR SOLD THE GASOLINE FOUND TO BE IN VIOLATION, CLARK IS LIABLE FOR VIOLATION OF 40 C.F.R.  80.78(A)(1) PURSUANT TO 40 C.F.R.  80-79(A)(3). AS THE D ISTRIBUTOR/RESELLER WHO TRANSPORTED AND STORED, AND/OR CAUSE D THE TRANSPORTATION OR STORAGE, OF THE GASOLINE FOUND TO BE IN VIOLATION, U.S. OIL IS LIABLE FOR VIOLATION OF 40 C.F.R.  80.78(A)(1) PURSUANT TO 40 C.F.R.  80.79(A)(3). NOTICES OF VIOLATION WERE ISSUED TO PREET PETROLEUM (AED # 5 042) WITH A PROPOSED PENALTY OF $26,800, AND TO U.S. OIL, IN C. (AED #5043) WITH A PROPOSED PENALTY OF $24,000. BOTH CAS ES WERE SETTLED AND SETTLEMENT AGREEMENTS ENTERED INTO. PRE ET PETROLEUM, NEWLY NAMED THE PREMCOR REFINING GROUP INC., E NTERED INTO A SETTLEMENT AGREEMENT, RATIFIED BY EPA ON 9/18/ 00, AND PAID $26,800 BY CHECK RECEIVED 9/26/00. U.S. OIL, I NC., ENTERED INTO A SETTLEMENT AGREEMENT, RATIFIED BY EPA ON 8/22/00, AND PAID $17,000 BY CHECK RECEIVED/DATED 9/12/00. CASE CLOSED.

Defendants (2)

• CLARK REFINING & MARKETING, INCNamed in complaintNamed in settlement
• US OIL CO, INCNamed in complaintNamed in settlement

Facilities (1)

• PREET PETROLEUM CO

  HWY 50 & 45, BRISTOL, WI, 53104

  Registry ID: 110010684642

Statutes cited

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

Enforcement conclusions (2)

• CLARK REFINING & MARKETINGentered 2000-09-18

  Primary law: CAA

  Federal penalty: $26,800

• US OIL COentered 2000-08-22

  Primary law: CAA

  Federal penalty: $17,000

Timeline (5 milestones)

• 2000-02-08Complaint Filed/Proposed Order
• 2000-04-13Enforcement Action Data Entered
• 2000-09-18Final Order Issued
• 2000-09-26Compliance Achieved
• 2000-10-12Enforcement Action Closed