Air Enforcement: Arkansas Department of Environmental Quality and Pulaski County, Arkansas Structural Steel Fabrication Facility 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 Lexicon, Inc. (“LI”) entered into a January 30th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 18-013.

The CAO provides that LI owns and operates a structural steel fabrication shop (“Facility”) in Little Rock, Arkansas.

The Facility is stated to hold an air permit (2922-AR-6) that was issued on July 19, 2012.

ADEQ personnel were stated to have conducted a compliance inspection of the Facility on February 7, 2017. The inspection is stated to have covered the reporting period of March 2014 through December 2016.

The inspection allegedly determined LI installed and operated three unpermitted emergency generators at the Facility. The installation of such emergency generators is alleged to violate General Condition 16 of the previously referenced air permit. The generators stated to have been installed are identified in paragraph 7 of the CAO.

LI responded to an ADEQ letter regarding these issues and indicated it was working on a permit modification application to include the emergency generators. A permit modification application was submitted by LI on October 25, 2017, for the purpose of including the unpermitted sources (i.e., emergency generators) in the permit. The CAO states that the application has been deemed administratively complete and is currently under review.

LI neither admits nor denies the CAO’s factual and legal allegations.

The CAO assesses a civil penalty of $1,050.

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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