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

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The Alabama Department of Environmental Management (“ADEM”) and Scottsboro Aluminum Industries, LLC (“Scottsboro”), entered into a Consent Order (“CO”) addressing alleged violations of an air permit.

Scottsboro is stated to operate a secondary aluminum processing facility (“Facility”) in Jackson County, Alabama.

The Facility includes an aluminum scrap dryer operated pursuant to the authority of Air Permit No. 705-0030-X006 (“Permit”). Emissions from the aluminum scrap dryer are stated to be controlled by a baghouse.

ADEM is stated to have conducted an inspection of the Facility on September 29, 2020. The CO provides that Scottsboro was operating the aluminum scrap dryer without its associated baghouse and without temporary authorization to operate as required by certain provisions of the Permit.

Scottsboro is stated to have responded to an ADEM Notice of Violation indicating the Facility had operated the aluminum scrap dryer for a total of 289 hours without the associated baghouse and without temporary authorization to operate between June 27, 2020, and September 29, 2020. The scrap dryer was stated to have been shut down on September 29, 2020, and began operating with its associated baghouse on October 10, 2020, upon receipt of the Temporary Authorization to Operate from ADEM on October 9, 2020.

Scottsboro states it was not originally required to install a baghouse for the scrap dryer but volunteered to include it in its Air Permit application. Further, it indicates the Permit was acquired on February 27, 2020, which authorized the use of the scrap dryer during shakedown. It is further indicated that from February 27 through October 9, 2020, the Facility was fabricating, erecting, and installing the scrap dryer and baghouse, including shakedown of the dryer system and integration with the Facility.

In response to an ADEM indication that the operation of the dryer should not proceed without the baghouse, Scottsboro states it promptly ceased dryer shakedown until ongoing work on the baghouse was completed and the Temporary Authorization to Operate was received.

Scottsboro neither admits nor denies ADEM’s contentions.

The CO assesses a civil penalty of $35,000.

A copy of the CO can be downloaded here.