Environment and Conservation Announces Two Enforcement Cases Concerning Air Quality Violations
Friday, August 21, 2009 | 03:54am
Notable case involving Stabilit America, Inc. reaches record $600,000 settlement
NASHVILLE – The Tennessee Department of Environment and Conservation announced today two recent enforcement orders involving violations of the Tennessee Air Quality Control Act.
Most notably was an air quality case involving Stabilit America, Inc. in Moscow, Tenn., which resulted in a Technical Secretary’s Order and a record $600,000 assessment of civil penalties from Environment and Conservation’s Division of Air Pollution Control. The maximum civil penalty for a violation of the Tennessee Air Quality Control Act is $25,000 per violation per day.
The company exceeded a permit condition limiting emissions of Volatile Organic Compounds for its two reinforced fiberglass panel production lines. This exceedance was discovered in stack emissions testing the company was required to perform in 2008 by the Division of Air Pollution Control. The results of the stack testing showed an actual measured emissions rate much higher than the permit limit allows. The higher emissions discovered during testing also showed that the company failed to comply with requirements effective in April 2006 under federal regulations for existing plants in this type of industry.
Also noteworthy about the Stabilit America case was the coordination with the department’s Division of Financial Responsibility, which used a computer model to determine the economic benefit of non-compliance resulting from delay in purchase and installation of air pollution control equipment for a little over three years and avoidance of operating costs during that time.
In addition to the civil penalty, the Stabilit America order required that the facility have a regenerative thermal oxidizer in operation by July 5, 2009, with testing of that equipment to be performed within 75 days.
The second air pollution case involved demolishing and burning a building containing asbestos in Fentress County. The private owner of the former Clarkrange Elementary School failed to thoroughly inspect the facility for the presence of asbestos prior to the demolition and did not follow required procedures for asbestos handling and air emissions control – both required by state regulations. Additionally, the debris was burned, which is a violation of open burning regulations. The case was settled by an Agreed Order with a civil penalty of $14,000.
While most contractors and businesses are aware of the asbestos regulations, many private individuals are not. By ensuring the public is made aware of these cases and continuing outreach efforts in the community, the department can maximize its efforts to educate the public and potentially discourage future unpermitted activity.
Prior to the 1980s, asbestos was commonly used in school construction until the Asbestos Hazard Emergency Response Act became federal law in 1986. This law led to the inspection of schools throughout the country and the development of Operation and Maintenance Plans, which did not necessarily require removal of asbestos. If the asbestos was intact and not friable (easily crumbled or pulverized into powder by hand), then the asbestos remained and was not an exposure risk to students and faculty. While there was such a plan for the old Clarkrange Elementary School buildings, asbestos was an issue that should have been properly addressed before demolition after the school was closed and sold as surplus property.
For more information about each of these cases, please visit the Department of Environment and Conservation enforcement database at www.tn.gov/environment/enforcement/index.shtml. The Division of Air Pollution Control has additional information about asbestos on the department’s Web site at www.tn.gov/environment/apc/asbestos/.
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