Air Enforcement: Arkansas Department of Environmental Quality and Van Buren County, Arkansas Compressor Station Operator Enter into Consent Administrative Order

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

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The Arkansas Department of Environmental Quality (“ADEQ”) and Fayetteville Gathering Company (“FGC”) entered into a July 12th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 19-063.

The CAO provides that FGC owns and operates a natural gas compressor station (“Station”) in Van Buren County, Arkansas.

ADEQ granted coverage to FGC under Minor Source General Air Permit for Natural Gas Compression Stations, Permit Number 1868-AGP-000 (“Permit”).

Agency personnel are stated to have conducted an inspection of FGC’s Station on January 22, 2019, for the reporting period of April 26, 2017, through December 31, 2018. The inspection allegedly determined that Engine Caterpillar G3306TA Serial # 07Y08315 had been placed onsite on October 27, 2017, to replace another Engine Caterpillar. Further, the CAO states that the Notice of Intent submitted to ADEQ on January 29, 2019, reports the Nitrogen Oxides emissions for Serial #07Y08315 as 54.85 tons per year.

Specific Condition 12 of the Permit is stated to require FGC to conduct tests for CO and NOx on any new or replacement engine if the total allowable emissions are greater than 50 tons per year. In addition, the test is required to be conducted within 180 days of the engine start-up.

General Condition 7 of the Permit is stated to require FGC to test newly constructed equipment (which includes the previously referenced equipment) within 60 days of achieving the maximum production rate, but no later than 180 days after initial start-up. It is further indicated that the equipment should have been tested no later than April 25, 2018. Such alleged failure to test within the prescribed time period is stated to violate Specific Condition 12 and General Condition 7 of the Permit.

FGC reviewed its records and agreed that the test within 180 days of engine startup was not conducted. It further stated that the test would be performed on May 6, 2019.

FGC is stated to have conducted performance tests of the referenced equipment and ADEQ’s review of the data generated indicated it was in compliance with the emission limits of the Permit.

FGC is stated to have indicated in correspondence dated June 10, 2019, that on May 21, 2019, the equipment was removed from the site.

FGC neither admits nor denies the factual and legal allegations of the CAO.

The CAO assesses a civil penalty of $9,450 which could have been reduced to $4,725 if the CAO was signed and returned to ADEQ within 30 calendar days of the effective date of the document.

A copy of the CAO can be downloaded here.

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