DEP Penalizes Wilmington Business for Air Quality Violations

WILMINGTON, MA - A Wilmington business has been fined by the Massachusetts Department of Environmental Protection for violations of the air quality plan in place at its Salem Street facility in Wilmington.

DEP officials announced Wednesday that Benevento Asphalt Corporation has been penalized $59,515 for those violations. In addition, Benevento is also required to implement best management practices to reduce fugitive emissions of nuisance dust and road dirt from exiting truck traffic.

“Asphalt plants must make compliance with air quality operating standards an essential part of business operations, to be protective of the environment and the health and safety of workers and facility neighbors,” said Eric Worrall, director of MassDEP’s Northeast Regional Office in Wilmington in a statement issued Wednesday.

Under its prior air quality plan approval, Benevento conducted air emissions compliance testing in August 2013, but could not demonstrate that it met the emission limits for oxides of nitrogen (NOx) and carbon monoxide (CO). Benevento was also unable to ascertain the particulate matter emissions at that time.

After failing to demonstrate compliance with its plan approval, Benevento unilaterally modified its operations in 2014 by installing a flue-gas re-circulating system and modified its rotary drum, without the required pre-construction review and approval by MassDEP. While Benevento’s modifications were subsequently shown to have reduced NOx and CO emissions to acceptable levels, they represent unapproved modifications, which is a violation.

To resolve the violations, the consent order with MassDEP requires Benevento to do the following:

• Obtain an air quality plan approval for the modifications and pay twice the applicable permit fee of $2,370;

• Demonstrate compliance with its particulate matter limits, including any alterations of operating procedures to mitigate dust and fugitive emissions from entering and exiting truck and vehicular traffic; and

• Pay $25,500 of the penalty within 30 days – with the remaining $34,015 suspended, provided Benevento does not violate any of the provisions of the order.