Petition for a Conditional Order for Abatement - Air Pollution Control Officer Hearing Board

Q: Who is requesting the Conditional Order for Abatement and against whom?

The petition is filed by the Air Pollution Control Officer of the Bay Area Air Quality Management District against Respondents All Star Service, Inc. and Kelly Engineer.

Q: What issue is the petition primarily addressing?

The petition seeks to enjoin further violations related to VOC emissions control at gas stations, including proper operation of vapor recovery systems and compliance with permit and Air District requirements.

Q: What noncompliance examples does the petition cite?

It cites routine violations for more than 30 years, failed mandatory emission tests at the Hayward facility, refusal to repair or retest, failure to install required hold-open latches at the Concord facility, and abandonment of annual tracking and recording of gasoline dispensed.

Sep 15, 2026

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Petitioner, the Air Pollution Control Officer of the Bay Area Air Quality Management District, requests a Conditional Order for Abatement against All Star Service, Inc. and Kelly Engineer. The petition alleges ongoing violations of permit requirements and Air District rules for controlling VOC emissions from three gas stations in Concord, Hayward, and San Leandro, including failed emission tests, lack of required dispenser modifications, and failure to conduct mandatory compliance testing and records tracking.

LanguageEnglish

CategoryHealthcare

FormatPDF

Pages18

Reading Time45 min

AccessFree to download

Introduction

Alleged VOC emissions and health impacts

Gas station vapor recovery failures and compliance violations

| ALEXANDER G.CROCKETT(State Bar No.19
General Counsel
ALEXANDRA KAMEL(State Bar No.282295)
Senior Assistant Counsel
OMONIGHO OIYEMHONLAN (State Bar No.3
Assistant Counsel I
BAY AREA AIR QUALITY MANAGEMENT D
OFFICE OF THE GENERAL COUNSEL
375 Beale Street,Suite 600
San Francisco,California 94105
Telephone:(415)749-4901
Email:OOiyemhonlan@baaqmd.gov
Attorneys for Petitioner Air Pollution Control Off
Bay Area Air Quality Management District
BEFORE THE HEAR
BAY AREA AIR QUALITY
STATE OF C
In the Matter of the
AIR POLLUTION CONTROL OFFICER of the
BAY AREA AIR QUALITY MANAGEMENT
DISTRICT
Petitioner,
VS.
ALL STAR SERVICE,INC.,a California
corporation d/b/a ALL STAR GASOLINE a/k/a
ALL STAR GAS,and KELLY ENGINEER,an
individual,
Respondents.
Re:All Star Gas [Facility Id.Nos.107695,
112079,and 108775] | 3910)
31053)
ISTRICT
FILED
AUG 182026
icer of the
BAY AREAAIR QUALTY
MANAGEMENT DISTRICT
ING BOARD OF THE
MANAGEMENT DISTRICT
ALIFORNIA
Docket No.3780
PETITION FOR A CONDITIONAL
ORDER FOR ABATEMENT
— | | --- | --- | | — | | | PETITION FOR CONDITIONAL ORDER FOR ABATEMENT | | J 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 | Pursuant to Sections 42451 and 42452 of the California Health and Safety Code,Petitioner
the Air Pollution Control Officer of the Bay Area Air Quality Management District (the“Air
District"or “agency”)requests that this Hearing Board issue a Conditional Order for Abatement
directed to Respondents All Star Service,Inc.and Kelly Engineer(collectively,“All Star”)to enjoin
further violations of permit requirements and Air District rules that aim to achieve healthy air
quality across the San Francisco Bay Area and protect Bay Area residents from any known or
anticipated health effects caused by air pollution.
INTRODUCTION
1.
Gas stations are ubiquitous roadside icons in our modern urban landscape.Still,as
mundane as they may seem,gas stations are more than convenient pit stops to fuel daily commutes
to work,school runs,or the next road trip.They are a leading source of toxic air pollution in
communities across the San Francisco Bay Area.Gasoline vapors are a complex mixture of more
than 150 volatile organic compounds(“VOCs”)that are released into the atmosphere each time
gasoline is pumped into a car or underground storage tanks are refilled.
2.
Gasoline vapors degrade air quality and harm human health.These vapors
contribute to the formation of ozone(smog)and fine particulate matter(soot),which cause cancer
and other adverse health conditions and is exacerbating the climate crisis.Currently,the Bay Area
is not meeting the federal air quality standards for fine particulate matter and the state and federal
air quality standards for ozone.Exposure to smog and soot pollution can cause a multitude of
adverse health effects,such as premature death for adults and infants,heart attacks,acute bronchitis,
and dementia.The VOC pollutants in gasoline vapors,which are often inhaled while pumping
gasoline into a car,can cause nose and throat irritation and damage to the respiratory,
cardiovascular,and central nervous systems.Some of these VOC pollutants are carcinogenic,
which means they can cause cancer.The U.S.Environmental Protection Agency has declared
benzene,one of the most prevalent toxic air contaminants in gasoline vapor,a known human
carcinogen,and it has been linked to several types of cancers.
All Star currently owns and operates three gas stations located in Concord,Hayward,
3.
and San Leandro.All Star is required to control the VOC emissions from each gas station using <

FAQs

Who is requesting the Conditional Order for Abatement and against whom?

The petition is filed by the Air Pollution Control Officer of the Bay Area Air Quality Management District against Respondents All Star Service, Inc. and Kelly Engineer.

What issue is the petition primarily addressing?

The petition seeks to enjoin further violations related to VOC emissions control at gas stations, including proper operation of vapor recovery systems and compliance with permit and Air District requirements.

What noncompliance examples does the petition cite?

It cites routine violations for more than 30 years, failed mandatory emission tests at the Hayward facility, refusal to repair or retest, failure to install required hold-open latches at the Concord facility, and abandonment of annual tracking and recording of gasoline dispensed.

Sep 15, 2026

Upload by Skyler