BFS PETROLEUM PRODUCTS, INC A DIVISION OF BRUCETON FARM SERVICE, INC. D/B/A BRUCETON PETROLEUM, INC.

On March 24, 2010, the Director, Hazardous Sites Cleanup Division signed a Consent Agreement and Final Order (“CAFO”) with BFS Petroleum Products, Inc., a division of Bruceton Farm Service, Inc., a/d/b/a Bruceton Petroleum Co., Inc., for violations of the Oil Pollution Prevention Regulations, 40 C.F.R. Part 112. Respondent’s facility, located at 201, 302 and 410 West Myles Ave., Pennsboro, WV 26415 is approximately 100 yards away from Bunnells Stream, a tributary to the Hughes River which is a tributary to the Little Kanawha River which is a tributary to the Ohio River, a navigable-in-fact water of the U.S. On March 12, 2008, Respondent discharged gasoline which entered Bunnells Stream, which discharge caused a sheen or discoloration on the surface of the water in violation of 40 C.F.R. § 110.3(b). Respondent did not report the spill to the National Response Center (“NRC”). EPA inspected the Facility on April 10, 2008, at which time Respondent provided EPA with an inadequate SPCC plan. Investigation at the time and a follow-up inspection revealed spill prevention and containment requirements, as well as record keeping and reporting violations. Under the CAFO, Respondent will pay a penalty.