EPA v. RAD ENERGY

Case summary

INSPECTED BY:RFG SURVEY INSPECTION REASON:RANDOM INSPECTION DATE: 7/17/99 FFIF #:SW RFGS 8380 NO. OF VIOLATIONS: 1 ON JULY 17, 1999, AN RFG SURVEY INSPECTIONWAS CONDUCTED AT G ETTY STATION #70,A RETAILER IN WEST ISLIP, NEW YORK WHICH I S A COVERED AREA UNDER THE RFG PROGRAM.EPA LABORATORY ANALY SIS OF THE SURVEY SAMPLE SHOWED A VIOLATION(SW RFGS 8380 4. 16% VOC REDUCTION -- STD=13.1%). THIS CASE WAS UNUSUAL IN TH AT THE RETAIL SAMPLE CONTAINED 1.59% ETHANOL AND 9.58% MTBE WHICH ARE PROHIBITED UNDER THE RFG REGS FROM BEING MIXED DUR ING THE VOC SEASON.A THOROUGH INVESTIGATION BY EPA'S CONTRA CT INSPECTOR CONCLUDED THAT THE ETHANOL,WHICH IS USED ONLY IN THE WINTER IN NEW YORK, WAS FLUSHED FROM A TANK AT THE EN D OF THE WINTER SEASON. THE TERMINALCONTRACTED TO CLEAN TH E TANK BY REMOVING THE ETHANOL IN MID-JULY BY AN ENVIRONMEN TAL CLEANING SERVICE, BUT APPROXIMATELY 2700 GALLONS OF ON JULY 17, 1999, AN RFG SURVEY INSPECTION WAS CONDUCTE D AT GETTY STATION #70, A RETAILER IN WEST ISLIP, NEW YORK W HICH IS A COVERED AREA UNDER THE RFG PROGRAM. EPA LABORATOR Y ANALYSIS OF THE SURVEY SAMPLE SHOWED A VIOLATION (SW RFGS 8380 4.16 % VOC REDUCTION - STD = 13.1%). THIS CASE WAS UNU SUAL IN THAT THE RETAIL SAMPLE CONTAINED 1.59 % ETHANOL AND 9.58 % MTBE WHICH ARE PROHIBITED UNDER THE RFG REGS FROM BEI NG MIXED DURING THE VOC SEASON. A THOROUGH INVESTIGATION BY EPA'S CONTRACT INSPECTOR CONCLUDED THAT THE ETHANOL, WHICH IS USED ONLY IN THE WINTER IN NEW YORK, WAS FLUSHED FROM A T ANK AT THE END OF THE WINTER SEASON. THE TERMINAL CONTRACTE D TO CLEAN THE TANK BY REMOVING THE ETHANOL IN MID-JULY BY A N ENVIRONMENTAL CLEANING SERVICE, BUT APPROXIMATELY 2700 G ALLONS OF ETHANOL REMAINED IN LINES AT THE TERMINAL THAT CAN SUPPLY THE RACK. ON JULY 14, THE RETAIL STATION RECEIVED AP PROXIMATELY 6,000 GALLONS OF MTBE RFG WHICH APPARENTLY CONTA INED SOME OF THIS ETHANOL AS EVIDENCED BY THE SURVEY SAMPLE TEST RESULT. THE IMPACT OF THIS VOLUME OF ETHANOL ON RVP EX EXPLAINS THE NONCOMPLIANT VOC RESULT. IT IS LIKELY THAT OTH ER STATIONS MAY HAVE RECEIVED ETHANOL BUT NO OTHER STATIONS WERE FOUND WITH THIS PROBLEM AT THE TIME OF THE SURVEY.

Defendants (1)

• RAD ENERGY CORPORATIONNamed in settlement

Facilities (3)

• RAD ENERGY CORPORATION

  7 HAMPTON RD., OCEANSIDE, NY, 11572

  Registry ID: 110000323748

• GETTY #70

  564 W MONTAUK HWY, W ISLIP, NY, 11795

  Registry ID: 110056139272

• RAD ENERGY CORPORATION

  7 HAMPTON RD., OCEANSIDE, NY, 11572

  Registry ID: 110000323748

Statutes cited

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

Enforcement conclusions (1)

• RAD ENERGYentered 2000-08-22

  Primary law: CAA

  Federal penalty: $2,200

Timeline (5 milestones)

• 2000-07-19Complaint Filed/Proposed Order
• 2000-08-11Enforcement Action Data Entered
• 2000-08-22Final Order Issued
• 2000-08-22Compliance Achieved
• 2000-09-12Enforcement Action Closed