10/20/97 COMPLIANCE SURVEY AT A CITGO BRANDED RETAIL OUTLET T-BOWS. SAMPLE OF THE PREMIUM GASOLINE TAKEN DURING THE SURVEY SHOWED THAT THE GASOLINE EXCEEDED THE 8.3 PSI STANDARD. ANALYSIS SHOWED THAT THE RVP OF THE GASOLINE WAS 9.56 PSI. ON SEPTEMBER 13, 1996, EPA ISSUED NOTICES OF VIOLATION AND REQUESTS FOR INFORMATION TO CITGO, AS THE BRANDED REFINER; KENYON OIL, AS THE DISTRIBUTOR, AND LOUIS O. THIBEAULT, AS THE OWNER/OPERATOR OF THE RETAIL OUTLET. A THOROUGH INVESTIGATION OF THIS MATTER BY BIONETICS/EPA DETERMINED THAT THE RETAIL OUTLET IS NOT OWNED/OPERATED BY LOUIS O. THIBEAULT, A TENANTWHO OWNS THE FOOD AND BEVERAGE OR VENDING PORTION OF THE STORE. KENYON OIL OWNS THE REALTY AND GASOLINE. ALTHOUGH KENYON OIL HAD SUPPLIED VOC CONTROL REGION 2 GASOLINE TO THE RETAIL OUTLET, KENYOUN OIL CAUSED THE VIOLATION BY FAILING TO TURNOVER THE PREMIUM GASOLINE BY THE START OF THE HIGH OZONE SEASON, WHICH IS JUNE 1ST. PROPOSED A CIVIL PENALTY OF $14,487 AFTER CONSIDERING THE ABOVE INFORMATION AND THE STATUTORY FACTORS, INCLUDING THE GRAVITY OF THE VIOLATION, THE ECONOMIC BENEFIT OR SAVINGS RESULTING FROM THE VILATION, KENYON OIL'S HISTORY OF COMPLIANCE WITH THE CAA,THE SIZE OF KENYON OIL'S BUSINESS, ACTIONS TO REMEDY THE VIOLATION AND/OR TO PREVENT RECURRENCE OF FURTHER VIOLATIONS, THE EFFECT OF