Air Enforcement: Alabama Department of Environmental Management and Elmore County, Alabama Bulk Gasoline Plant Enter into Consent Order

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

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The Alabama Department of Environmental Management (“ADEM”) and Turner Oil Company, Inc. (“Turner”) entered into an April 24th Consent Order (“CO”) addressing alleged air violations.

Turner is stated to be the owner/operator of a gasoline dispensing facility, bulk gasoline plant, and gasoline tank truck (“Plant”) operated in Elmore County, Alabama. Further, Turner is described as the owner and/or operator of underground storage tanks (“USTs”) located at the Plant.

The Plant is stated to be operating under the authority of ADEM Permit No. 205-G005 which authorizes the operation of a gasoline dispensing facility. The company is also stated to be the owner and operator of a bulk gasoline plant which is subject to ADEM Air Permit No. 205-B001. Finally, it is described as the permitted owner and/or operator of gasoline transport vessels operating pursuant to the authority of an ADEM air permit.

ADEM personnel are stated to have conducted an unannounced inspection of the Plant on October 25, 2018. The inspection allegedly identified a vapor balance system that had not been utilized. This conclusion was stated to be based on the “caps propping open the poppet valves of the regular and mid-grade gasoline storage tanks, allowing vapers to freely vent.”

Turner personnel responded to ADEM stating it was unclear as to why:

. . .the driver bypassed the vapor balance system other than it allows gasoline to drop faster from the tank truck.

Turner Oil has implemented a monthly inspection checklist.

Turner Oil neither admits nor denies ADEM’s contentions.

A civil penalty of $2,000 is assessed.

A copy of the CO can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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