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Air Enforcement: Tennessee Air Pollution Control Board Proposed Order/Assessment of Civil Penalty to Johnson City, Tennessee Laundry Service

July 05, 2018

By: Walter G. Wright

Category: Arkansas Environmental, Energy, and Water Law

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The Tennessee Air Pollution Control Board (“TAPCB”) issued a June 25th Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Crothall Laundry Services, Inc. (“CLSI”).

The TAPCB is stated to have issued an operating permit (047823F) (“Permit”) to Blue Ridge Medical Management Cooperation for a 21 MMBtu/hr natural gas fired boiler located in Johnson City, Tennessee.

The Permit is stated to have expired on December 1, 2007. The Division of Air Pollution Control (“Division”) of the Tennessee Department of Environment and Conservation is stated to have performed an inspection at the CLSI Johnson City, Tennessee, facility on September 28, 2017. The Order further provides:

During the course of the on-site inspection, it was discovered the Respondent had acquired ownership of the former Blue Ridge Medical Management Corporation property some time during 2008. Blue Ridge Medical Management Corporation had previously held an operating permit for a natural gas boiler. The permit was non-transferrable and expired on December 1, 2007. Respondent failed to apply for a new operating permit upon acquisition of the property but continued to operate the boiler. Division personnel requested that Respondent submit an operating permit application in a letter dated October 24, 2017. The Division received an operating permit application from Respondent for the boiler on December 15, 2017.

The Order alleges that CLSI has been operating the boiler without a Permit since 2008. Further, the Order contends that Division records indicate that CLSI paid annual emission fees from 2008 through 2010 but has failed to pay annual emission fees since 2011. An economic benefit is stated to have been gained by CLSI of $935.63 per year from 2011 through 2017.

The Order assesses a delinquent emission fee in the amount of $6,549.41. Further, a civil penalty of $1,500 is assessed. The Order provides certain appeal rights.

A copy of the Order can be downloaded here.

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