The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and EnviraPAC Monticello, LLC (“EM”) entered into an April 26th Consent Administrative Order (“CAO”) addressing alleged violation of an air permit. See LIS No. 22-045.
The CAO provides that EM owns and operates a powdered activated carbon facility (“Facility”) in Monticello, Arkansas.
The Facility is stated to operate pursuant to an air permit – 2361-AR-1 (“Permit”).
DEQ personnel are stated to have undertaken an inspection of the Facility on September 9, 2021, pursuant to a September 2, 2021, complaint. The inspection is stated to have included an observation that the complainant’s property (including car and canopy) were covered in ash from carbon waste. During the site visit at the EM Facility the ash from the carbon waste was stated to have been observed on the ground in various locations around the Facility.
A subsequent DEQ inspection is stated to have been conducted on September 9 and 23, 2021.
The following alleged violations were identified during the inspection:
EM is stated to have responded to a DEQ letter addressing the inspections noting:
EM submitted a permit modification application to DEQ on January 24th adding the seven unpermitted sources to the Permit. The permit modification application was deemed administratively complete on January 26th.
EM neither admits nor denies the factual and legal allegations contained in the CAO.
Within 30 calendar days of the effective date of the CAO EM is required, if it has not done so prior to execution of the document, to conduct emissions testing at SN-07 for NOx, CO, and VOCs in accordance with Specific Condition 9 of the Permit. If the Facility is not in operation, the emissions testing is required to be conducted within 30 days of the re-start of operations at the Facility.
Within 60 calendar days of the effective date of the CAO EM is required, if it has not done so prior to the execution of the document, to submit the emissions test results to DEQ for emissions testing of SN-07. If the Facility is not in operation, then the test results shall be submitted to DEQ within 30 calendar days of the completion of the emissions testing.
A civil penalty of $11,340 is assessed which could have been reduced by one-half if the CAO was returned to DEQ by April 18th.
A copy of the CAO can be downloaded here.
DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
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