Air Enforcement: Alabama Department of Environmental Management and Chilton County Scrap Metal Recycling Facility Enter Consent Order | Mitchell, Williams, Selig, Gates & Woodyard, LLC

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The Alabama Department of Environmental Management (“ADEM”) and Circle K Scrap Metal, LLC (“Circle K”) entered into a Consent Order (“CO”) on April 12 regarding an alleged breach of Alabama aviation regulations. See Consent Order No. 22-___- CAP.

The CO provides for Circle K to operate a scrap metal recycling facility (“Facility”) in Chilton County, Alabama.

The Facility is declared to operate a 3,300 BHP diesel engine (“Engine”) at the Facility. Engine emissions are declared uncontrolled. In addition, the installation is declared subject to the requirements of Subpart ZZZZ of Part 63 of 40 CFR, National Hazardous Air Pollutant Emission Standards for Stationary Piston Internal Combustion Engines (“Subpart ZZZZ” ).

Certain provisions of Subpart ZZZZ require the engine to comply with a mandate to reduce carbon monoxide emissions by installing an oxidation catalyst with continuous temperature monitoring on the engine exhaust. In addition, emissions must be tested every three years.

ADEM would have carried out an unauthorized inspection of the installation on August 25, 2021 and observed its operation. The facility is said to be in operation since 1997.

The operator of the Installation would have filed an application for an air permit in accordance with ADEM’s request on November 22, 2021. The application included the sources of emissions from the Installation. Additionally, the facility operator said the engine exhaust will be equipped with a catalytic converter by July 1, 2022.

Circle K neither accepts nor denies ADEM’s assertions.

A civil penalty of $35,000 is imposed.

A copy of the CO can be downloaded here.

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