Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Miller County Sand Processing Facility 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 Samsand, LLC (“Samsand”) entered into a June 8th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 23-042.

The CAO provides that Samsand owns and operates a sand processing facility (“Facility”) in Miller County, Arkansas.

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

DEQ personnel are stated to have performed a routine compliance inspection of the Facility for the reporting period October 1, 2017, through September 30, 2022, on October 6, 2022.

The inspection is stated to have determined that Samsand:

  • Failed to install a pressure loss measuring device
  • Failed to measure and record the installed flow meter for the entire reporting period
  • Failed to produce daily pressure records for the Natural Gas Fired Heater with Scrubber (SN-05)

The alleged failures are stated to violate Specific Condition 7 and 8 of the permit and Subpart UUU.

The inspection is also stated to have determined that Samsand implemented changes to the Facility without obtaining a new permit. The changes are described as including screen reconfiguration and updating, rotary dryer drum and burner updates, the addition of two product silos and associated truck loadouts, and the addition of two diesel and gasoline storage tanks. This is alleged to violate General Condition 16 of the permit.

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

The CAO requires that within 30 calendar days of its effective date Samsand demonstrate compliance with Specific 7 and install a pressure loss measuring device. Further, within 30 calendar days of the installation of the pressure loss measuring device, Samsand is required to submit pressure loss and flow rate records showing compliance with Specific Conditions 7 and 8 and Subpart UUU for a period of six months. In addition, within 60 calendar days of the effective date of the CAO, Samsand is required to submit a permit modification application to address the Facility changes outlined in Paragraph 3 of the Findings of Fact.

A civil penalty of $12,960 is assessed, which could be reduced to $6,480 if the document was signed and returned to DEQ by June 2nd.

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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