Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty to Decherd, Tennessee Engine Machining Facility

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

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The Tennessee Air Pollution Control Board issued a Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Nissan North America, Inc., (“Nissan”) for alleged violations of an air permit. See Division of Air Pollution – Case No. APC19-0119.

The Order states that Nissan operates an engine machining process at a facility (“Facility”) in Decherd, Tennessee.

The Facility is stated to have been issued a Conditional Major Construction Permit on December 1, 2016, for an engine machining operation.

The Division of Air Pollution Control (“Division”) is stated to have received a start-up certification from Nissan. Such certification is stated to have indicated that the engine machining operation began start-up on June 16, 2018. Nissan was stated to be possibly 92 days late in submitting the start-up certification and allegedly violated Condition 21 of the permit.

The Division is stated to have received an application from Nissan on October 25, 2018, for an operating permit for the engine machining operation. Nissan was allegedly 102 days late in submitting the operating permit application, therefore violating condition 20 of the permit.

The Order states that Nissan violated Conditions 20 and 21 of Permit 972081.

A civil penalty of $3,000 is assessed. Further, Nissan is required to adhere to all conditions of the referenced permit, except Conditions 19, 20, and 21, and compliance with the terms of the permit through the Order. It is intended to serve as an alternative to a temporary operating permit until such time as Nissan receives an operating permit.

The permit provides Nissan certain appeal rights as specified in the Order.

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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