Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and White Hall Pulp and Paper Mill Center 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 Twin Rivers Pine Bluff, LLC (“Twin Rivers”) entered into a November 21st Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 23-094.

The CAO provides that Twin Rivers owns and operates a pulp and paper mill (“Facility”) in White Hall, Arkansas.

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

During DEQ’s review of a stack report it was indicated that the Facility failed the PM10 emission limits at SN-02 and SN-04. A table in the CAO provides the referenced data. This is alleged to violate Specific Condition 21 and Specific Condition 47 of the permit.

As a result, in correspondence dated February 22nd DEQ informed Twin Rivers that it had completed its evaluation of the stack test report and that the sources were determined to be out of compliance.

DEQ is stated to have proposed a CAO on July 24th. Twin Rivers requested a reduction in the proposed civil penalty.

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

The CAO requires that within 15 calendar days of its effective date that Twin Rivers submit a test protocol for PM10 testing at SN-02 and SN-04. Further, within 30 calendar days of the effective date, Twin Rivers is required to conduct emission testing for PM10 at SN-02 and SN-04. Finally, within 60 calendar days of the effective date, Twin Rivers is required to submit emission test results for SN-02 and SN-04 to DEQ.

A civil penalty of $7,380 is assessed.

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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