EPA v. SPRAGUE RESOURCES LP

Case summary

1/15/21 Consent Decree Entered. After reviewing and considering the comments submitted by the public on the proposed Consent Decree, the United States filed a motion with the U.S. District Court in Boston on January 8, 2021, asking the Court to approve the proposed Consent Decree. The terms of the proposed settlement are intended to bring Sprague into compliance with federal and state air pollution control laws that regulate the emissions of VOCs from heated #6 oil and asphalt tanks, which pose a range of public health risks. The Consent Decree requires Sprague to apply for revised state air pollution control permits, in accordance with federal and state law, which will limit the amount of #6 oil and asphalt the company can pass through the facilities and limit the number of tanks that can store #6 oil and asphalt at any one time. These measures will reduce VOC emissions, improve air quality and reduce public health risks in the communities where the seven facilities are located. Under the Decree, Sprague must apply for permits for facilities in Everett and Quincy, Massachusetts, Newington New Hampshire, and South Portland and Searsport, Maine. Facilities in New Bedford Massachusetts and Providence Rhode Island are also subject to the Consent Decree. In addition, Sprague will install, operate and maintain carbon bed systems to reduce odors from tanks in South Portland, Maine and Quincy, Massachusetts, where EPA received odor complaints from local communities. Sprague will pay a total of $350,000 in civil penalties - $205,000 to the U.S. government and $145,000 to the Commonwealth of Massachusetts. 5/29/20 Under a proposed settlement with the United States and the Commonwealth of Massachusetts, Sprague Resources LP will take steps to limit emissions of volatile organic compounds (VOCs) from oil storage tanks at seven facilities across New England. The terms of the proposed settlement are designed to bring Sprague into compliance with federal air pollution control laws that regulate the emissions of VOCs from heated #6 oil and asphalt tanks, which can pose public health risks. The tanks covered under this settlement are located in Everett, Quincy, and New Bedford, Massachusetts; Searsport and South Portland, Maine; Newington, New Hampshire; and Providence, Rhode Island. This agreement resolves alleged violations by Sprague of federal and Commonwealth of Massachusetts clean air laws. Sprague will pay a total of $350,000 in civil penalties - $205,000 to the U.S. government and $145,000 to the Commonwealth of Massachusetts. The U.S. Department of Justice filed a Complaint and lodged the proposed Consent Decree in the United States District Court for the District of Massachusetts on behalf of EPA and the Commonwealth of Massachusetts on May 29, 2020. The proposed Consent Decree is subject to a 30-day public comment period and final court approval. Sprague Resources, LP owns and operates a number of facilities that store and distribute heavy petroleum products such as #6 oil and asphalt. These products, which are stored in heated tanks, emit volatile organic compounds (VOCs) during periods of on-site storage as well as during loading and unloading operations. EPA had required Sprague to conduct sampling and VOC emissions testing of its heavy petroleum operations. Based on the results, EPA determined that these facilities are subject to federally-enforceable state implementation plan requirements for the control of VOC emissions. EPA is referring this Clean Air Act matter to the Department of Justice to seek civil penalties and injunctive relief including required state permits and VOC emission controls. EPA estimates that excess VOC emissions from Sprague?s New England facilities is approximately 200 tons per year.

Defendants (1)

• SPRAGUE RESOURCES LPNamed in complaintNamed in settlement

Facilities (12)

• SPRAGUE OPERATING RESOURCES LLC

  MACK POINT - TRUNDY RD, SEARSPORT, ME, 04974

  Registry ID: 110028276513

• SPRAGUE ENERGY

  728 SOUTHERN ARTERY, QUINCY, CITY OF, MA, 021690000

  Registry ID: 110009918358

• SPRAGUE OPERATING RESOURCES LLC

  MACK POINT - TRUNDY RD, SEARSPORT, ME, 04974

  Registry ID: 110028276513

• SPRAGUE OPERATING RESOURCES LLC

  59 MAIN STREET, SOUTH PORTLAND, ME, 04106

  Registry ID: 110000759849

• SPRAGUE OPERATING RESOURCES LLC

  372 SHATTUCK WAY, NEWINGTON, NH, 03801

  Registry ID: 110041839268

• PIKE INDUSTRIES, INC. - NEWINGTON

  194 SHATTUCK WAY, NEWINGTON, NH, 03801

  Registry ID: 110002057719

• SPRAGUE ENERGY

  728 SOUTHERN ARTERY, QUINCY, CITY OF, MA, 021690000

  Registry ID: 110009918358

• SPRAGUE OPERATING RESOURCES LLC

  372 SHATTUCK WAY, NEWINGTON, NH, 03801

  Registry ID: 110041839268

• SPRAGUE-EVERETT TERMINAL

  15 BEACHAM STREET, EVERETT, CITY OF, MA, 021490000

  Registry ID: 110044809614

• SPRAGUE OPERATING RESOURCES LLC

  144 ALLENS AVE., PROVIDENCE, RI, 02909

  Registry ID: 110001663174

• SPRAGUE OPERATING RESOURCES LLC

  59 MAIN STREET, SOUTH PORTLAND, ME, 04106

  Registry ID: 110000759849

• SPRAGUE OPERATING RESOURCES LLC

  144 ALLENS AVE., PROVIDENCE, RI, 02909

  Registry ID: 110001663174

Statutes cited

• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards

Enforcement conclusions (1)

• SPRAGUE RESOURCES LPentered 2021-01-15

  Primary law: CAA

  Federal penalty: $205,000 · State/local: $145,000

Timeline (7 milestones)

• 2015-09-30Referred To Dept Of Justice
• 2015-10-01Enforcement Action Data Entered
• 2020-05-29Complaint Filed With Court
• 2020-05-29Final Order Lodged
• 2021-01-15Final Order Entered
• 2026-03-23Air Resolved
• 2026-03-23Enforcement Action Closed