The Alabama Department of Environmental Management (“ADEM”) and Holcim Inc. (“Holcim”) entered into a Consent Order (“CO”) addressing an alleged violation of an air permit.
The CO provides that Holcim operates a cement manufacturing facility (“Facility”) in Mobile County, Alabama.
The Facility is stated to include Finish Mills No. 1 and 2 which are authorized pursuant to a Major Source Operating Permit (“Permit”). Each mill high efficiency separator is stated to be controlled by a baghouse.
The relevant section of the Permit states:
Particulate matter (PM) emissions from P-41-02 and P-41-06 shall not exceed 8.239 lb/hr and 0.009 gr/dscf.
Holcim is stated to have conducted an engineering stack test for particulate matter on the finish mill separator baghouses on July 26-August 1, 2018. The test results are referenced and stated to exceed the emission limits of the Permit.
A follow-up stack test was stated to have been conducted on November 7-8, 2018 for particulate matter on the two separator baghouses. The results for P-41-02 and the results for P-41-06 are referenced and stated to exceed the emission limits of the Permit.
An additional stack test was conducted on November 14-16, 2018 and the results are stated to have exceeded the emission limits of the Permit. Further, a fourth test was conducted on November 28-29, 2018 and such results indicated that the emission limits of the Permit were met.
ADEM is stated to have conducted a stack test for particulate matter on the Finish Mill No. 2 Separator baghouse on May 22, 2019 and the referenced results are stated to exceed the emission limits of the Permit.
Holcim neither admits nor denies ADEM’s contentions.
A civil penalty of $90,000 is assessed.
A copy of the CO can be downloaded here.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.