Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Marion County Fiberglass Boat Manufacturer 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 White River Marine Group, LLC (“White River”) entered into a December 17th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 20-192.

The CAO provides that White River owns and operates a facility (“Facility”) that manufactures fiberglass boats, boat trailers, and a line of fiberglass products for the boat industry in Flippin, Arkansas.

The Facility operates pursuant to an air permit.

DEQ personnel are stated to have conducted a routine compliance inspection of the Facility covering July 2018 through June 2019 on July 24, 2019. Further, White River is stated to have submitted an Annual Compliance Certification (“ACC”) report to DEQ personnel covering June 1, 2018 through May 31, 2019.

The CAO provides the 2019 ACC report and records reviewed during the inspection identified certain violations. The alleged violations are identified in a table in Paragraph 8 of the CAO. Plant wide conditions 19a, 20, 22, 32, and 34 R10 are referenced.

DEQ is stated to have notified White River of the violations in a letter dated August 13, 2019, to which the company responded stating that it will:

. . . demonstrate future compliance with Subpart VVVV by choosing the Emissions Averaging Option.

White River further stated that the Facility will follow this option for the remainder of permit R9 into the issuance of R10. In addition, the Facility provided additional records with a MACT summary spreadsheet.

DEQ is stated to have notified White River in a subsequent email of errors found in the previously referenced additional records in the summary spreadsheet and implementation plan. Additional information was also requested along with a clarification as to the safety data sheet usage.

White River provided the requested information and clarifications. However, the CAO provides that the HAP content rate was not correctly calculated by White River.

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

White River is required within 30 calendar days of the effective date of the CAO to submit records to demonstrate compliance with plant wide conditions 19a, 20, 22, 32, and 34 of Permit R10.

A civil penalty of $4,000 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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