Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty for Kenton Grain Processing/Handling Facility

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

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The Tennessee Air Pollution Control Board has issued a Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Obion Grain Co., Inc. (“Obion”) for alleged air permit violations. See Case No. APC21-0181.

The Order provides that Obion has a Kenton, Tennessee, grain processing and handling operation (“Facility”).

The Facility is stated to have an operating permit for grain processing and handling operations.

Tennessee Division of Air Pollution Control (“Division”) personnel are stated to have conducted an inspection at the Facility on October 13, 2021. The inspection alleged identified certain violations which included:

  • Grain processed for 2019 and 2020, respectively, included 9,138,376.94 bushels and 6,869,150.74 bushels which exceeded the 5,400,000 bushels per calendar year limitation in condition 3 of the permit.
  • Exceedance of the particulate matter emission limitation of 18.24 tons/years
  • Construction of grain handling and storage processes without proper permit applications being submitted to the Division

The Order proposes to assess a civil penalty of $1,500.

The Order provides certain appeal rights.

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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