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The Arkansas Department of Energy and Environment - Division of Environmental Quality (“DEQ”) and JW Aluminum Company (“JW”) entered into a September 15th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 221-094.

The CAO provides that JW owns and operates an aluminum foil rolling mill (“Mill”) in Russellville, Arkansas.

The Mill holds an air permit (1659-AOP-R7).

JW is stated to have submitted emission results to DEQ for emission testing at the Finish Annealer #42 on October 21, 2020. The test results are stated to have indicated that the Mill exceeded the volatile organic compounds (“VOC”) emission rate limit at SN-52. This is alleged to violate Specific Condition 10 of the air permit.

The CAO provides that on November 16, 2020, JW submitted an Air Compliance-Stack Testing Protocol form to DEQ for emissions testing to be conducted at SN-138. On December 3, 2020, JW is stated to have submitted a revised Air Compliance-Stack Testing Protocol form to DEQ for emissions testing to be conducted at SN-52 instead of SN-138. Emissions test results are stated to have been submitted to DEQ on January 25 for emissions re-testing at SN-52.

The CAO provides that a review of the re-test results indicated that JW exceed the VOC emission rate limit t SN-52 during he emissions re-testing. This is alleged to have violated Specific Condition 10 of the air permit.

JW is stated to have submitted an Air Compliance-Stack Testing Protocol form to DEQ for emissions testing to be conducted at SN-52 on January 26th. Such emissions test results are stated to have been submitted to DEQ for emissions re-testing at SN-52.

The re-test results are stated to have indicated that JW was in compliance with the VOC emission rate limit at SN-52 during he emissions re-testing. DEQ informed JW in a letter dated Mach 23rd that a review of the emissions re-test results indicated that SN-52 was in compliance with the permitted VOC emission rate limits at the time of the re-test.

JW is stated to neither admit nor deny the factual and legal allegations contained in the CAO.

The CAO requires that within 30 calendar days of the effective date of the CAO, JW conduct a comprehensive Root Cause Analysis (“RCA”) of the VOC emissions exceedances at SN-52.

Further, this provision provides:

• The RCA shall be submitted to DEQ within sixty 60 calendar days of the effective date of this CAO.
• Respondent shall also submit at the same time as the RCA a corrective action plan to correct the root causes identified in the RCA as contributing factors in the exceedance of the VOC emissions limit.
• DEQ shall review the RCA and the corrective action plan and may submit to Respondent a written request for additional information. It shall be the responsibility of Respondent to submit a response to any such written request within ten (10) calendar days. Any failure to submit requested information shall be considered a violation of this CAO.

A civil penalty of $2,400 is assessed.

A copy of the CAO can be downloaded here.