Tennessee Air Pollution Violation Highlights Compliance and Public Health Challenges

In November 2024, the Tennessee Department of Environment and Conservation's (TDEC) Division of Air Pollution Control issued a significant order against Newly Weds Foods, LLC, a Cleveland-based facility specializing in food production. The enforcement action, which includes a $12,000 civil penalty, highlights the ongoing challenges of maintaining air quality and regulatory compliance in industrial operations.

Background of the Case

Newly Weds Foods, LLC, a foreign limited liability company operating in Tennessee, was found to have constructed and operated a baking facility for more than five years without the required construction and operating permits. These permits are mandated by the Tennessee Air Quality Act and accompanying regulations to ensure that industrial activities meet air quality standards before and during operation.

In April 2024, the company submitted a retroactive permit application for the baking operation. By May 2024, TDEC had issued a Notice of Violation, citing multiple breaches, including:

• Failing to obtain a construction permit before building the facility.
• Operating without a valid operating permit.
• Constructing a major source of air contaminants without meeting legal requirements.

The violations were deemed serious, as the facility was classified as a major source of emissions—entities that typically contribute significantly to regional air pollution if left unregulated.

Current Status and Penalties

The order, issued by Michelle Walker Owenby, Technical Secretary of the Air Pollution Control Board, requires Newly Weds Foods to:

• Pay a $12,000 civil penalty.
• Submit a compliance schedule detailing corrective actions within 20 days.
• Achieve full compliance with Tennessee air quality regulations.

The company retains the right to appeal the order within 30 days, a step that could lead to a contested hearing before an Administrative Judge. However, failure to comply or appeal may result in further enforcement actions, including additional penalties or operational restrictions.

The Role of TDEC’s Division of Air Pollution Control

The Division of Air Pollution Control operates under the broader TDEC umbrella and is tasked with safeguarding air quality across Tennessee. Its responsibilities include:

• Issuing permits for construction and operation of facilities that may emit air pollutants.
• Monitoring and enforcing compliance with state and federal air quality laws.
• Protecting public health by reducing emissions of harmful contaminants like particulate matter and volatile organic compounds (VOCs).

The division plays a critical role in balancing industrial development with environmental stewardship, ensuring that businesses adhere to strict guidelines protecting the environment and nearby communities.

Newly Weds Foods: A Snapshot

Founded in 1932, Newly Weds Foods is a global leader in food ingredient manufacturing, with operations spanning multiple states and countries. The company specializes in custom seasonings, coatings, and functional ingredients for the food processing industry. While the Cleveland facility is a crucial part of its production network, the lack of compliance with Tennessee’s air quality regulations highlights gaps in its operational oversight.

Health Implications of Non-Compliance

The violations by Newly Weds Foods have broader implications for public health and environmental sustainability. Operating a significant air contaminant source without permits bypasses critical emissions controls, increasing the likelihood of harmful pollutants entering the atmosphere. Key risks include:

• Respiratory Health: Particulate matter and VOCs can exacerbate asthma, bronchitis, and other respiratory conditions, particularly in vulnerable populations such as children and the elderly.
• Long-Term Health Risks: Prolonged exposure to air pollutants has been linked to cardiovascular diseases, reduced lung function, and cancer.
• Community Impact: Industrial emissions disproportionately affect communities near production facilities, often contributing to environmental inequities.

Similar Cases Across the Nation

This case is not isolated. Regulatory actions across the U.S. underscore the critical role of compliance in protecting public health:

• In October 2024, Tennessee’s Air Pollution Control Board addressed violations by Valley Recycling, LLC, for exceeding permitted emission levels at its Sweetwater facility.
• In Ohio, the U.S. Environmental Protection Agency and the Department of Justice recently settled with Lima Refining Company over hazardous air pollutant violations, resulting in significant penalties and mandated corrective actions.