Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Civil Penalty Related to Union City Facility

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

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The Tennessee Air Pollution Control Board (“Board”) issued an April 11th proposed Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Ford Construction Company (“Ford”) regarding alleged violations of an air permit. See Case No. APC21-0138.

The Order provides that Ford operates a mix asphalt plant (“Facility”) in Union City, Tennessee.

The Ford Facility is stated to have been issued a Conditional Major Source operating permit for a 400 tons/hour drum mix asphalt plant on November 24, 2020.

The Division of Air Pollution Control (“Division”) of the Board personnel are stated to have conducted an inspection on August 16, 2020, of the Facility. The inspection is stated to have identified missing pressure drop records for the period of November 24, 2020, through August 16, 2021, during which time the Facility is stated to have been operating.

The Order provides that:

Pressure drop values across the bag house were required to be recorded each day that the source is in operation. After recording 30 consecutive days of pressure drop readings, Respondent was required to submit the pressure drop values, as well as a "proposed" minimum pressure drop, within 15 days to the Division.

The Facility is stated to have therefore violated Condition S1-4.A. of Permit 477129.

The Division is stated to have received from Ford pressure drop logs for the time period of August 2, 2021, through October 7, 2021, on October 8, 2021, which included a “proposed” minimum pressure drop. As a result, no further action is stated to be required.

A civil penalty of $1,500 is proposed to be assessed.

The Order provides Ford 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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