EPA v. EASTON PETROLEUM CO

Case summary

INSPECTED BY: BIONETICS INSPECTION REASON: DIRECTED INSPECTION DATE: 7/1/98 FFIF #:1064963 NO. OF VIOLATIONS: 1 ON JUNE 3, 1998, BIONETICS CONDUCTED A SURVEY INSPECTION OF OASIS MART # 5 ( OASIS ) AN UNBRANDED RETAIL OUTLET. THE RE TAIL OUTLET IS LOCATED IN HARFORD COUNTY AT 2476 CHURCHVILLE ROAD, BEL AIR, MD, AN AREA COVERED UNDER THE RFG PROGRAM DU RING THE VOC CONTROL PERIOD. OASIS FAILED TO MEET THE APPLI CABLE RFG STANDARD IN VOC CONTROL REGION 1 OF 32.6% MINIMUM. THE TEST RESULTS FROM THE SURVEY INSPECTION WAS 16.56 %. NVFEL ANALYSIS OF THIS SAMPLE OBTAINED A RESULT OF 15.44%. BIONETICS CONDUCTED EXTENSIVE FOLLOW-UP DURING JULY, AUGUST, AND SEPTEMBER OF THE RETAILER, DISTRIBUTORS, CARRIERS, AND TERMINALS INVOLVED WITH THE SUPPLY OF THIS PRODUCT. THIS AN D OTHER SIMILAR VIOLATIONS HAVE BEEN ATTRIBUTED TO MISDELIVE RY OF VOC 2 GASOLINE TO VOC 1 AREA RETAIL OUTLETS. THE DELI VERY OF GASOLINE DESIGNATED AS VOC 2 INTO AN AREA DESIGN ATED AS VOC 1 IS PROHIBITED UNDER THE RFG REGULATIONS. FOLLOW-UP OF THE SURVEY INSPECTION LED TO THE DISCOVERY OF 7 8 SEPARATE MISDELIVERIES, BETWEEN MAY 1, 1998, AND JUNE 4, 1 998, OF VOC 2 GASOLINE TO SIX (6) DIFFERENT RETAIL OUTLETS L OCATED IN AREAS COVERED UNDER THE RFG PROGRAM IN VOC CONTROL REGION 1. ALL SIX (6) RETAIL OUTLETS WERE OPERATED, OWNED, AND/OR CONTROLLED BY EASTON PETROLEUM COMPANY, INC., ( EAST ON ). THE 78 DELIVERIES INVOLVED THE MISDELIVERY OF APPROXI MATELY 493,044 GALLONS OF GASOLINE. ALL OF THE 78 MISDELIVERIES WERE INITIATED BY EASTON WHO USE D OUTSIDE CARRIERS AND DISTRIBUTORS TO ACQUIRE THE VOC 2 GAS OLINE AND HAVE IT DELIVERED TO EASTON'S SIX (6) RETAIL OUTLE TS LOCATED IN VOC 1 CONTROL REGIONS THROUGHOUT MARYLAND . (PLEASE SEE THE FUEL DISTRIBUTION CHAIN DIAGRAM AND THE T ABLE OF PRODUCT DELIVERY AMOUNTS ANNEXED HERETO AS EXHIBITS A AND B RESPECTIVELY.) OUTSIDE CARRIERS WERE USED BECAUSE EASTON DID NOT OWN TRUCKS .ALL OF THE GASOLINE LOADS IN VIOLATION WERE TRANSPORTED BY TWO CARRIERS, M. LYNCH TRANSPORTATION, INC., AND COUNTRY LIN ES, INC. M. LYNCH MADE 70 DELIVERIES CONSISTING OF 438,164 GALLONS AND COUNTRY LINES MADE EIGHT (8) DELIVERIES CONSISTI NG OF 54,880 GALLONS. BOTH CARRIERS RECEIVED ORDERS FROM EA STON DIRECTING THEM TO PICK UP GASOLINE FROM A SPECIFIC TERM INAL AND DELIVER IT TO A SPECIFIC RETAIL OUTLET USING THE TE RMINAL ACCOUNTS OF SERVICE ENERGY OR OCEAN PETROLEUM. SERVICE ENERGY OR OCEAN PETROLEUM TERMINAL ACCOUNTS WERE USE D BECAUSE EASTON DID NOT HAVE AN ACCOUNT AT EITHER OF THE TW O TERMINALS USED. THIS WAS BECAUSE YOU HAVE TO HAVE AN ACCO UNT WITH CREDIT AT A TERMINAL TO BUY FROM THE TERMINAL. NOT ALL DISTRIBUTORS HAVE THE CREDIT TO DO THIS SO OTHER DISTRI BUTORS LOAN THEIR ACCOUNTS AT THE TERMINALS TO THE SMALLER D ISTRIBUTORS. IN THIS CASE SERVICE ENERGY LOANED THEIR ACCOU NT TO EASTON (WHO USED IT FOR 2 MISDELIVERIES TOTALING 15,899 GALLONS OF GASOLINE). AS THE RETAILER WHO OWNS, LEASES, OPERATES, CONTROLS, AND/OR SUPERVISES THE RETAIL OUTLETS WHERE THE VIOLATIONS WERE FOUN D, AND AS THE DISTRIBUTOR WHO TRANSPORTED AND/OR CAUSED THE TRANSPORTATION OF THE GASOLINE THAT FAILED TO MEET THE APPLI CABLE RFG STANDARD IN A VOC CONTROL REGION, EASTON PETROLEUM COMPANY IS LIABLE FOR 78 APPARENT VIOLATIONS OF 40 C.F.R.  80.78(A)(1)(V) PURSUANT TO 40 C.F.R.  80.79(A)(1) AND 40 C .F.R.  80.79(A)(3). AS THE CARRIERS WHO MISDELIVERED THE GASOLINE, M. LYNCH TRAN SPORTATION INC., AND COUNTRY LINES, INC., ARE LIABLE FOR VIO LATIONS OF 40 C.F.R.  80.78(A)(1)(V) PURSUANT TO 40 C.F.R.  80.79(A)(4). SPECIFICALLY, M. LYNCH IS LIABLE FOR 70 VIOL ATIONS, MISDELIVERING 438,164 GALLO

Defendants (5)

• COUNTRY LINES, INC
• EASTON PETROLEUM CO, INC
• M LYNCH TRANSPORTATION, INC
• OCEAN PETROLEUM DISTRIBUTORS LLC
• SERVICE ENERGY LLC

Facilities (1)

• OASIS MART #5

  2476 CHURCHVILLE RD, BEL AIR, MD, 21015

  Registry ID: 110001781377

Statutes cited

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

Timeline (2 milestones)

• 1999-11-17Complaint Filed/Proposed Order
• 2000-06-19Enforcement Action Data Entered