Air Enforcement: U.S. Department of Justice/Commonwealth of Massachusetts Enter into Consent Decree with Multi-State Operator of Heated Petroleum Storage Facilities

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The United States Department of Justice and Commonwealth of Massachusetts (collectively “DOJ”) and Sprague Resources, L.P. and Sprague Operating Resources, LLC (collectively “Sprague”) entered into a May 29th Consent Decree (“CD”) addressing alleged violations of:

  • Massachusetts’ federally approved State Implementation Plan referencing alleged unpermitted air emissions of volatile organic compounds
  • Violation of the Massachusetts Clean Air Act
  • Violation of Maine State Implementation Plan
  • Violation of New Hampshire State Implementation Plan
  • Violation of Rhode Island State Implementation Plan

The CD indicates that Sprague operates petroleum storage tanks (including heated #6 oil and asphalt tanks) and distribution facilities in various states.

The tanks addressed by the CD are referenced as operating in:

  • Everett, Quincy, and New Bedford, Massachusetts
  • Sears Port and South Portland, Maine
  • Newington, New Hampshire
  • Providence, Rhode Island

The CD requires that Sprague in certain instances apply for revised State Air Pollution Control permits for facilities if they are required. Such permits are described as potentially referencing the amount of #6 oil and asphalt the company can pass through its facilities:

  • One facility is described as ceasing storage of #6 oil and asphalt
  • A facility is described as installing, operating, and maintaining carbon bed systems to reduce the odors from several tanks in South Portland, Maine and Quincy, Massachusetts

A civil penalty of $205,000 is assessed.

A copy of the CD can be found here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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