Air Enforcement: Alabama Department of Environmental Management and Saginaw Lime and Stone Manufacturing Facility 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 Carmeuse Lime and Stone, Inc. (“CLSI”) entered into a May 28th Consent Order (“CO”) addressing an alleged violation of an air permit.

The CO provides that CLSI operates a lime and stone manufacturing facility (“Facility”) in Saginaw, Alabama.

The Facility is stated to operate the lime manufacturing equipment pursuant to the authority of a Major Source Operating Permit (“Permit”).

The Permit provides that:

Kiln No. 4 shall not discharge to the atmosphere particulate emissions in excess of 0.12 lb/ton of stone feed.

Emission monitoring Proviso No. 17 of the Provisos for Kiln #5 in the Permit states:

Particulate matter emissions tests are to be conducted for this source at an interval not to exceeding 12 months.

A Particulate Matter test is stated to have been performed on Kiln No. 4 on September 13, 2022. ADEM is stated to have received a report summarizing the results of the test which indicated a measured PM emission rate of 0.19 lb/ton of stone feed, in excess of the 0.12 lb/ton of stone feed limit.

The CO provides that on September 14, 2022, a stack testing event was scheduled for Kiln No. 5 for the following pollutants:

  • Particulate Matter (“PM”)
  • Carbon Monoxide (“CO”)
  • Nitrogen Oxides (“NOx”)

The last PM test for Kiln No. 5 was conducted on September 28, 2021.

CLSI neither admits nor denies ADEM’s contentions.

A civil penalty of $120,000 is assessed.

A copy of the CO can be downloaded here.

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