Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Texarkana Tire Manufacturing Facility Enter into Consent Administrative Order

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

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The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Cooper Tire & Rubber Company (“Cooper”) entered into a January 21st Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 21-007.

The CAO provides that Cooper owns and operates a tire manufacturing facility (“Facility”) in Texarkana, Arkansas.

The Facility operates pursuant to an air permit (“Permit”).

The Permit is stated to require Cooper, pursuant to General Provision 3, to submit a complete application for permit renewal at least six months before permit expiration. General Provision 3 is stated to have required that Cooper’s permit renewal application be submitted to DEQ no later than September 1, 2020.

Cooper is stated to have notified DEQ on December 7, 2020, that it had yet to submit the required permit renewal application. As a result, it is alleged that Cooper failed to submit a complete permit renewal application by the September 1, 2020, deadline, violating General Provision 3 of the Permit.

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

The CAO requires that Cooper submit a complete renewal application to DEQ no later than February 25th. Further, Cooper is required to comply with all conditions of, and remains authorized to operate under, the Permit until either the effective date of Cooper’s permit renewal or until the date the renewal is denied.

A civil penalty of $1,008 is assessed.

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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