Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Fayetteville Printed Film Manufacturer 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 Packaging Specialties, Inc. (“PSI”) entered into a January 22nd Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 24-014.

The CAO provides that PSI owns and operates a facility (“Facility”) in Fayetteville, Arkansas, that manufacturers printed film for the food and beverage industries.

The Facility is stated to operate pursuant to an air permit.

DEQ personnel are stated to have performed a routine compliance inspection of the PSI Facility on April 6, 2023. The review period for the inspection was January 2022 through February 2023.

PSI provided combined rolling Volatile Organic Compounds (“VOC”) for the Facility from March 2022 through April 2023 for 11 printing presses. These presses are stated to duct all exhaust emissions through the Regenerative Thermal Oxidizer (“SN-01”).

DEQ’s review of records of VOC totals for SN-01 is stated to have indicated that the Facility emitted 100.09tpy from May 2022 to April 2023. This is stated to have exceeded the permitted limit of 98.9 tons per 12 consecutive months.

PSI is stated to have exceeded the Title V threshold of 100tpy for 12 consecutive months for VOCs. This is alleged to violate Specific Condition 13 of the permit.

The inspection is also stated to have determined that PSI failed to submit upset condition reports for the VOC exceedances at SN-01 for six months. This is alleged to violate General Condition 10(c) of the permit.

PSI neither admits nor denies the factual and legal allegations contained in the CAO.

The CAO requires that within 30 days of its effective date that PSI submit a Title V permit application requesting an increase of the 12-month rolling VOC total.

A civil penalty of $2,360 is assessed which could have been reduced by one-half if the CAO was signed and returned to DEQ by January 12th.

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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