Air Enforcement: Arkansas Department of Energy and Environmental - Division of Environmental Quality and Air Curtain Incinerator Operator Enter into Consent Administrative Order

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

Download PDF

The Arkansas Department of Energy and Environment – Division of Environmental Quality and Alternative Waste Management, LLC (“AWM”) entered into a February 26 Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 24-039.

The CAO provides that AWM owns and operates an air curtain incinerator (“incinerator”) in Mayflower, Arkansas.

The incinerator is stated to be subject to the General Air Permit for Title V Air Curtain Incinerators.

DEQ personnel are stated to have conducted an inspection of the incinerator on January 4, 2023. The inspection is stated to have covered the reporting period of September 2021 through December 2022.

The inspection is stated to have determined that AWM failed to submit the Semi-Annual Monitoring (“SAM”) Report by May 1, 2022. The SAM Report is stated to have been submitted nine months after it was due, violating General Provision 7 of the Air Permit.

The inspection is also stated to have determined that AWM failed to submit the Annual Compliance Certification (“ACC”) Report by May 1, 2022. The ACC Report is stated to have been submitted nine months past the due date, violating General Provision 21 of the Air Permit.

AWM responded to a proposed CAO submitted by DEQ indicating its belief that it had fully cooperated with DEQ by providing all information when requested. Further, AWM stated during further communications with the DEQ inspector, the SAM and ACC Reports were provided to DEQ on January 12, 2023.

DEQ personnel are stated to have reviewed the SAM and ACC Reports and determined they were sufficient to demonstrate compliance.

CAO provides that AWM neither admits nor denies the factual and legal allegations contained in the CAO.

A civil penalty of $3,120.00 is assessed.

A copy of the CAO can be downloaded here.

Written by:

Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
Contact
more
less

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

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide