Press Release  MassDEP Fines Nantucket Fuel Provider for Violation of Air Pollution Control Regulation

BOSTON — The Massachusetts Department of Environmental Protection (MassDEP) assessed an $11,722 penalty against Harbor Fuel Oil Corporation, a Nantucket-based fuel oil provider, for failing to obtain an air quality permit before building a tank farm that has the potential to emit air contaminants above MassDEP’s air quality permitting thresholds.  

The Harbor Fuel facility began construction in 2019 and became operational in September 2020. The facility consists of seven above-ground petroleum storage tanks and three fuel product loading racks, all of which are sources of volatile organic compounds (VOCs) from fuel products. VOCs can contribute to ozone formation and some VOCs are toxic and can adversely affect human health and the environment.  

In 2023, Harbor Fuel self-disclosed to MassDEP that it failed to obtain an air permit. Harbor Fuel reported potential emissions of 62.26 tons of VOCs per year and actual emissions of 8.49 tons of VOCs for 2021. 

State law requires submittal of an air permit application, called a Comprehensive Plan Application, and approval of that application prior to constructing, substantially reconstructing, altering or subsequently operating any facility or emission unit which will result in an emission increase greater than or equal to ten tons per year. 

“Proposed facilities with potential air emissions of ten tons or more are required to submit a Comprehensive Plan Application before they start construction,” said Gerard Martin, Director of MassDEP’s Southeast Regional Office in Lakeville. “We will require Harbor Fuel to install and implement emission control equipment, known as Best Available Control Technology or BACT, to control VOC emissions.” 

Under the terms of the consent order, in addition to paying the $11,722 fine, Harbor Fuel has met with MassDEP to discuss its pending application, which must be submitted by July 23, 2024. 

MassDEP’s mission is to protect and enhance the Commonwealth’s natural resources – air, water and land – to provide for the health, safety and welfare of all people, and to ensure a clean and safe environment for future generations. In carrying out this mission, MassDEP commits to address and advance environmental justice and equity for all people of the Commonwealth; to provide meaningful, inclusive opportunities for people to participate in agency decisions that affect their lives; and to ensure a diverse workforce that reflects the communities we serve.

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