Air Enforcement: Tennessee Air Pollution Control Board Proposed Secretary's Order Addressing Sherwood Rock Crushing Facility

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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The Tennessee Air Pollution Control Board (“Board”) issued a Technical Secretary’s Order and Assessment of Civil Penalty (“Order”) to Sherwood Mining Company, LLC (“Sherwood”) addressing an alleged violation of an air permit. See Case No. APC24-0080.

Sherwood operates a rock crushing and sizing facility (“Facility”) in Sherwood, Tennessee.

Sherwood is stated to have been issued a construction permit for a rock crushing and sizing operation on December 16, 2020. It is stated to have notified the Tennessee Division of Air Pollution Control (“Division”) to rescind the startup certification for the permit which was amended on December 8, 2022, to extend the expiration date to December 15, 2023. The permit is stated to have expired and Sherwood did not apply for an extension on the expiration date.

Sherwood is stated to have notified the Division on March 27th regarding the occasional use of a Track Mounted Mobile Screen with a startup date of August 3, 2022. The source is stated to have been constructed and operated prior without a permit.

Sherwood is stated to have notified the Division on March 29th that Source 04 has not started up. The Order states that based on Condition 11G of the permit that Sherwood was required to submit an application for a permit extension to the Division no later than December 1, 2023. Sherwood is stated to have not submitted a request for a permit extension to the Division, therefore violating Condition 11G of the permit.

The proposed Order assesses a civil penalty of $3,000 for the alleged violation.

The Order provides certain appeal rights.

A copy of the Order can be downloaded here.

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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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