Air Enforcement: Tennessee Air Pollution Control Board Technical Secretary's Proposed Order/Civil Penalty Addressing Pavement Operation

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

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The Tennessee Air Pollution Control Board (“Board”) issued a February 2nd Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Volunteer Paving LLC (“VP”) addressing an alleged violation of an Air Permit. See CASE NO. APC25-0222.

The Order states that VP operates a facility in Lewisburg, Tennessee.

The Tennessee Division of Air Pollution Control (“Division”) is stated to have conducted an inspection of the facility on May 20, 2025. Such inspection is stated to have discovered an unpermitted reclaimed asphalt pavement (“RAP”) unit.

The Division is stated to have received a construction permit application for the RAP unit on July 1, 2025. An email received on September 8, 2025, from VP’s representatives indicated that the startup date for the RAP unit was May 12, 2025. Therefore, the Order alleges VP to have constructed and operated the RAP unit prior to applying for and receiving the required permits.

The Division issued a Notice of Violation to VP on September 23, 2025, for the alleged constructing and operating the RAP unit prior to applying for and receiving the required permits.

The Order proposes to assess a civil penalty of $4,500.

The Order provides certain appeal rights.

A copy of the Order can be found here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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

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