VP Racing Fuels, Inc. Settlement
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VP Racing Fuels, Inc. Settles For $610,614
In March 2024, the California Air Resources Board (CARB) reached a settlement with VP Racing Fuels, Inc. (VP Racing), with its principal location in San Antonio, Texas for violations related to CARB’s Portable Fuel Containers and Spill-Proof Spouts Regulation (Portable Fuel Containers and Spouts Regulation), as codified in the California Code of Regulations, title 13, sections 2467–2467.9.
As part of a routine investigation, CARB staff discovered that VP Racing was marketing its Motorsport Container® with labeling indicating that it could be used with certain types of fuel. CARB alleged the containers did not comply with CARB regulatory provisions that require permanent embossment or permanent labeling with language indicating said containers or vessels are solely intended for use with non-fuel or non-kerosene products. Due to the features and labeling of the container, CARB alleged that the VP Racing container met CARB’s definition of a Portable Fuel Container (PFC), which requires that it receive an Executive Order before being sold in California. As a result, CARB alleged VP Racing violated the PFC Regulation by selling, supplying, offering for sale, advertising, or manufacturing for sale in California PFCs and spouts, for use in California without obtaining the required Executive Orders.
To settle the case, VP Racing agreed to the penalty of $8 per noncompliant PFC and $5 per noncompliant spout, for a total penalty of $610,614. VP Racing elected to provide $305,307 to a Supplemental Environmental Project (SEP) entitled Marine Vessel Speed Reduction Incentive Program Phase 3. The funds will be used to implement a vessel speed reduction (VSR) incentive program, which provides financial and public relations incentives for owner/operators of ocean-going cargo vessels to slow down and reduce emissions in the VSR zones during peak whale and ozone seasons.
The civil penalty amount of $305,307 will be deposited into CARB’s Air Pollution Control Fund, which provides funding for projects and research to improve California's air quality. VP Racing fully cooperated with CARB to resolve this matter and agrees to comply with all regulatory requirements.