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The Tennessee Air Pollution Control Board (“Board”) issued a November 6th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Jackson Furniture Industries, Inc. (“JFII”).

JFII is described as a woodworking operation in Cleveland, Tennessee.

The Order provides that the woodworking operation holds an operating permit (emission source reference number 06-0001-04). A condition of the operating permit states:

Particulate Matter (PM) emitted from this source shall not exceed 2.09 lbs/hr. This emission limitation is established pursuant to Rule 1200-03-07-.03(1) of Tennessee Air Pollution Control Regulations.

Compliance Method

The permittee shall inspect the cyclone on a weekly basis when the source is in operation. Maintenance and inspection records (inspection of collection hoppers, conveying system, etc.) shall be recorded in a suitable permanent form and kept available for inspection by the Technical Secretary or his representative. These records must be retained for a period of not less than two (2) years. All maintenance activities (including any ongoing maintenance that has not been completed) shall be entered in the maintenance log no later than seven (7) days following the start of the maintenance. TAPCR 1200-03-10-.02(2)(a).

Division of Air Pollution Control personnel are stated to have conducted an onsite inspection of JFII’s facility on August 2nd and determined that the operation had failed to record and maintain the records required by Condition 3 of the operating permit.

On or about August 23, JFII submitted a sample weekly inspection log to the Division of Air Pollution Control and indicated that it would be used by maintenance for weekly inspections.

The Order alleges that failure to comply with the conditions of an operating permit (as previously alleged) violates Tenn. Comp. R. & Regs. 1200-03-09-.02(06).

The Order proposes the assessment of a civil penalty of $1,500. JFII is provided the right of appeal pursuant to the relevant Tennessee Code provisions.

A copy of the Order can be downloaded here.