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The Mississippi Commission on Environmental Quality (“MCEQ”) and Toyota Motor Manufacturing, Mississippi, Inc. (“Toyota”) entered into an August 16th Agreed Order (“AO”) addressing an alleged violation of a Title V Operating Permit. See No. 7344 24.
The AO provides that Toyota operates an automobile manufacturing plant in Blue Springs, Mississippi.
Toyota was stated to have been notified by letter dated December 18, 2023, of an alleged violation of its Title V Operating Permit. The alleged violation is stated to have involved failure:
…to meet the required 95% destruction/removal efficiency of Volatile Organic Compounds (VOCs) during performance testing of Emission Points AA-132 and AA-134 on July 13-14, 2023.
Toyota is stated to have achieved 82.8% at Emission Point AA-132 and 91.9% at Emission Point AA-134. Subsequently, Toyota is stated to have demonstrated compliance with 95% destruction/removal efficiency standards during performance testing on August 24, 2023.
The AO assesses a civil penalty of $90,000.00. However, Toyota is allowed a credit toward payment of the civil penalty in the amount of $50,000.00 if it implements a described Supplemental Environmental Project.
The $50,000.00 credit involves the implementation within 45 days of the effective date of the AO a contribution to the Mississippi Diesel School Bus Replacement Program by certified check or money order in the amount of $50,000.00 made payable to the Mississippi Department of Environmental Quality. In the event there is a failure to undertake this Supplemental Environmental Project, then the $50,000.00 will be immediately due and payable as a civil penalty.
The AO requires that Toyota in any public statement include the following language:
…this contribution was made in connection with the settlement of an Environmental Enforcement Action taken by the Mississippi Department of Environmental Quality.
Further, Toyota is prohibited from deducting any of the Supplemental Environmental Project expenditures from its state or federal income taxes.
A copy of the AO can be downloaded here.
