Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Sebastian County Natural Gas 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 Energy & Environment - Division of Environmental Quality (“DEQ”) and Enable Midstream Partners, LP – Ursula Compressor Station (“Enable”) entered into a July 18th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 23-058.

The CAO provides that Enable owns and operates a natural gas compressor station (“Facility”) in Lavaca, Arkansas.

The Facility is stated to operate pursuant to a General Air Permit for Minor Source Natural Gas Compression Stations (1868-AGP-000)(“Permit”).

Enable is stated to have undertaken an electronic submission dated October 12, 2022, requesting consideration under DEQ’s Environmental Self-Disclosure Incentive Policy (“Policy”) for the disclosure of non-compliance issues associated with the Facility.

A review of the October 12, 2022, submittal is stated to have indicated that Enable failed to submit an updated Notice of Intent before the startup of a like kind replacement engine at the Facility. This is stated to violate Specific Condition 13 of the Permit.

Enable submitted an updated Notice of Intent on October 19, 2022.

DEQ informed Enable on November 28, 2022, that it had met all eight conditions of the Policy. As a result, DEQ is stated to be able to mitigate up to 100% of the gravity-based component of any administrative penalty in a CAO regarding the self-disclosed violations.

Enable neither admits nor denies the factual and legal allegations. Further, the CAO is stated to address all violations contained in its Findings of Fact.

A copy of the CAO 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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