Download PDF

The Alabama Department of Environmental Management (“ADEM”) and Constellium Muscle Shoals, LLC (“CMS”) entered into a March 16th Consent Order (“CO”) addressing violations of an air permit.

The CO describes CMS as a secondary aluminum processing plant (“Plant”) located in Colbert County, Alabama.

ADEM is stated to have issued Major Source Operating Permit No. 701-0007 (“Permit”) to CMS on April 21, 2016. The Permit is stated to include provisions for operation of a Delacquering Kiln #2 with Afterburner and Kiln Baghouse 2 (“Kiln #2”).

Proviso No. 3 of the Kiln #2 emission standards of the section of the Permit is stated to provide that the dioxin and furan (“D/F”) emissions released to the atmosphere from the source should not exceed 0.25 ug of D/F TEQ per Mg (3.5 x 10-6gr of D/F TEQ per ton).

The CO further provides that Proviso No. 1 of the Kiln #2 recordkeeping reporting requirements section states in part:

. . .this source is subject to the applicable requirements of 40 CFR Part 63, Subpart RRR, “National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Processes” . . . to include the notification, reporting, and recordkeeping standards . . .

Certain provisions of MACT RRR require that results of the performance test be submitted to ADEM.

The CO alleges that on July 19, 2017, CMS conducted a performance test on Kiln #2 and was required to submit results of such test to ADEM no later than September 18, 2017. CMS is stated to have informed ADEM that Kiln #2 failed the D/F test and the unit had been shut down for investigative purposes. ADEM is stated to have subsequently confirmed the failure of the test.

ADEM issued a Notice of Violation on October 24, 2017, for the alleged failure to submit the results of the performance test in a timely manner and for the failure of the D/F stack test on Kiln #2. CMS responded to the Notice of Violation and indicated a failure to identify the primary root cause for the exceedance. As a result, CMS is stated to have indicated that Kiln #2 would undergo a complete rebuild in order to resolve any potentially unknown causes of stack test failure.

On December 13, 2017, CMS is stated to have conducted a performance test on Kiln #2. The results of the test submitted to ADEM are stated to have indicated a passing average.

CMS neither admits nor denies ADEM’s contentions.

The CO assesses a civil penalty of $15,000.

A copy of the CO can be downloaded here.