Air Enforcement: Alabama Department of Environmental Management and Montgomery Concrete Plant Operator Enter Consent Order | Mitchell, Williams, Selig, Gates & Woodyard, LLC


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The Alabama Department of Environmental Management (“ADEM”) and Shelby Concrete, Inc. d/b/a Builders Supply Co. (“Shelby”) entered into a Consent Order (“CO”) on May 18 regarding an alleged violation of Alabama Air Regulations. See CO No. 22-XXX-CAP.

The CO provides that Shelby is the owner and/or operator of a concrete plant (“facility”) in Montgomery, Alabama.

The installation is declared to be operated under the authority of the ADEM administrator. Code r.335-3-4-.01. The regulation is set out to limit emissions of particulates with an opacity not exceeding 20% ​​opacity, as determined by a six-minute average, or not exceeding 40% opacity for a six-minute period during over a period of sixty minutes.

ADEM’s Air Division reportedly received a complaint for excessive visible emissions on 4 March. The complainant stated that excessive emissions were observed from the installation.

ADEM reportedly inspected the facility on March 7 and documented excessive emissions from a silo associated with the mobile cement plant. An observation of visible emissions by ADEM would have documented three averages over six minutes of 48%, 61% and 43% opacity at installation.

Shelby reportedly reported that due to raw material shortages, the silos were filled beyond maximum storage capacities and silo pressure relief valves were weak.

Shelby neither admits nor denies ADEM’s assertions.

A civil penalty of $10,000 is imposed.

A copy of the CO can be downloaded here.


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