Air Enforcement: Tennessee Air Pollution Control Board Proposed Order Addressing Columbia Alcohol Distillery

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

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The Tennessee Air Pollution Control Board (“Board”) issued on November 8th a proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Tennessee Distilling Group, LLC (“TDG”). See Case No. APC22-0080.

The Order provides that TDG operates an alcohol distillery (“Distillery”) in Columbia, Tennessee.

The Technical Secretary is stated to have issued a Conditional Major Source operating permit to the Distillery on April 17, 2020.

TDG is stated to have submitted a construction permit application on February 4th to increase the permitted limit of grain usage to 1,564,300 bushels per calendar year and the permitted limit of beverage alcohol to 8.2 million proof gallons per calendar year.

The Division of Air Pollution Control (“Division”) is stated to have received on March 28th the Distillery’s Annual Conditional Major Report (“ACMR”) for the time period covering January through December 2021. It is stated to have determined that the Distillery exceeded the permitted limit of 457,800 bushels of grain used per calendar year by using 490,488 bushels of grain in 2021. The Distillery was also stated to have exceeded the potential limit of 2.4 million proof gallons of beverage alcohol produced per calendar year by producing 2,538,400 gallons of beverage alcohol in 2021.

The Division is stated to have received an operating permit application dated April 22nd from TDG to increase the permitted limits of grain used per calendar year and the permitted limits of beverage alcohol produced per year.

The Technical Secretary issued on June 29th a Conditional Major Source Combined Construction and Operating Permit to TDG increases the permitted levels of grain used per calendar year and the permitted level of beverage alcohol produced per year.

The Order proposes to assess a civil penalty of $1,500 for the alleged violations.

The Order provides certain appeal rights.

A copy of the Order can be downloaded here.

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