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The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and DBG Conway (“DBG”) entered into a December 6th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 23-097.

The CAO provides that DBG owns and operates a business (“Facility”) that fabricates and paints metal for school buses and school bus chassis in Conway, Arkansas.

The Facility operates pursuant to an air permit.

DEQ personnel are stated to have conducted a compliance inspection of the Facility on March 22nd. The inspection covered the reporting period of January 2020 through March 22nd, 2023.

The inspection is stated to have identified an unpermitted generator at the Facility. DBG informed DEQ that the rental generator arrived on-site on March 10th and started operating on Mach 22nd. This is alleged to violate General Condition 16 of the air permit.

DBG submitted a response to a DEQ request to address the issues identified during the inspection. The May 23rd response by DBG stated the generator arrived in mid-March and there was not enough time to submit a permit application prior to the DEQ inspection.

DBG neither admits nor denies the factual and legal allegations contained in the CAO.

The CAO requires that within 30 calendar days of its effective date DBG shall (if it has not already done so prior to the execution of the CAO) submit a permit modification to DEQ to incorporate the unpermitted generator into its permit.

The CAO assesses a civil penalty of $1,680 which could have been reduced to $840 if the document was signed and returned to DEQ prior to 4:00 p.m. on December 27th.

A copy of the CAO can be downloaded here.