Air Enforcement: Missouri Department of Natural Resources and Cape Girardeau Underground Storage Tank Fabrication Facility Enter into Administrative Order on Consent

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

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The Missouri Department of Natural Resources (“MDNR”) and Mid-South Steel Products, Inc., (“Mid-South”) entered into a September 1st Administrative Order on Consent (“Order”) addressing an alleged violation of an air permit. See No. APCP-2022-053.

The Order provides that Mid-South owns and operates a specialty above ground and underground petroleum storage tank fabrication shop (“Facility”) in Cape Girardeau, Missouri.

The Order references the Facility’s use of a Part 70 air permit. Such permit requires Mid-South to submit a completed operating permit renewal at least six months prior to the permit expiration.

The Mid-South permit is stated to have expired on August 29, 2021. Therefore, the renewal application is stated to have been due by February 28, 2021.

MDNR is stated to have not received an application to renew the permit until June 14, 2021. As a result, Mid-South is stated to have been operating with an expired permit.

Mid-South’s application to renew was received by MDNR on June 14, 2021. MDNR’s Air Pollution Control Program’s permitting section is stated to be currently evaluating Mid-South’s renewal application.

The Order provides that Mid-South will:

  • Work with MDNR’s Air Pollution Control Program’s permitting staff for the timely issuance and renewal of the operating permit.
  • Continue to operate under the authority of Operating Permit No. OP2016-018, subject to all permit conditions and requirements until the renewal operating permit is issued.

A copy of the Order 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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