Air Enforcement: Arkansas Department of Environmental Quality and Pulaski County, Arkansas Structural Steel Fabrication Facility Consent Administrative Order (Clarification)

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

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A February 15th post (see previous post here) noted that 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.

ADEQ allegedly determined during an inspection that the facility’s air permit did not reflect the prior installation of three emergency generators.

The February 15th post failed to provide certain facts related to the installation of the generators. It was pointed out to me that the post did not note that two of the generators had been installed in 2005 and 2008, respectively. While not reflected in the CAO, I understand the third generator had been installed in 2009. As a result, the generators had apparently been in place during prior inspections when they were subject to the applicable standards.

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