OFFICE OF COMMUNICATIONS, P.O. BOX 1163, RICHMOND, VA 23218, www.vdacs.virginia.gov
July 8, 2009
Contact: Elaine Lidholm, (804)786-7686
STATE RECEIVES MORE THAN 500 COMPLAINTS ABOUT HIGH LEVELS OF ETHANOL IN GASOLINE IN TIDEWATER AREA
From June 8 to July 7, 2009, the Virginia Department of Agriculture and Consumer Services (VDACS) received more than 500 complaints about high levels of ethanol in gasoline sold in the Tidewater area. Many consumers reported that their vehicles were performing poorly after they filled their tanks. VDACS’ Office of Product and Industry Standards (OPIS) began inspecting gas stations for which they had complaints and found several instances of excessive levels of ethanol. Eight OPIS inspectors are dedicating their full attention to these investigations. As of July 7, 2009 inspectors had investigated 457 of the 532 complaints received by VDACS, involving a significant number of retail locations.
Although the number of complaints and telephone inquiries had abated somewhat by the week of July 6, VDACS continues to receive reports from consumers who are concerned about the quality of the gasoline they purchased. The vast majority of the fuel sampled by the inspectors was found to be in compliance, and OPIS inspectors only issued five Stop Sale orders. The affected pumps were sealed out of service and labeled with a prominent tag, protecting consumers by preventing the inadvertent purchase of contaminated product. In every one of the five cases, the retailers took action to ensure that their fuel was brought into compliance; and, upon subsequent testing by OPIS inspectors, the Stop Sale orders were lifted. In fewer than ten other instances, inspectors determined that retailers who took delivery of suspect fuel had voluntarily closed their pumps and had the suspect fuel pumped out and replenished with fresh gasoline.
During a typical investigation of a gasoline quality complaint, an inspector gathers records about recent deliveries of fuel at the station and asks station management if the station has received other complaints. The inspector also determines how much fuel is on hand by either using the station's electronic readout or by dipping the tank with a fuel stick coated with detection paste. To test for ethanol, the inspector purges the fuel lines first and then collects a sample. Using a field test kit, the inspector can determine if the fuel contains excessive ethanol, water or sediment. If the sample is noncompliant, the fuel is put under a Stop Sale order, an official sample is drawn for laboratory analysis and the dispenser is tagged and taken out of service. Whenever a Stop Sale order is issued, only an OPIS inspector or supervisor can remove the tags and release the fuel for sale.
OPIS is actively investigating all complaints received, not only at the retail level, but also with various distributors and terminal operators. The findings are being reviewed for possible compliance action in accordance with the provisions of Virginia's Motor Fuels and Lubricating Oils Law. In accordance with §3.2-103(4) of the Code of Virginia, the records of these investigations must remain confidential until the investigations are closed. In the event that restitution may be available in the future, consumers should keep receipts and/or statements as proof of purchase.
In addition to OPIS, VDACS Office of Consumer Affairs (OCA) is available to assist consumers who believe that their vehicles might have been damaged by contaminated fuel. OCA recommends that consumers first contact the retailer from whom they purchased the suspect fuel. If efforts to resolve complaints with the retailer are unsuccessful, consumers may wish to discuss their particular case with a staff member in OCA by calling 800.552.9963 or 804.786.2042 in the Greater Richmond area. More information about OCA’s services, including a link to the consumer complaint form, is available online at www.vdacs.virginia.gov, under Consumer Services.
