News & Analysis as of

Pollution Control Arkansas

Mitchell, Williams, Selig, Gates & Woodyard,...

Mining Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Washington County Mine...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Wedington Mine, LLC (“Wedington”) entered into a December 6th Consent Administrative Order (“CAO”) addressing alleged violations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas State Implementation Plan/Clean Air Act: U.S. Environmental Protection Agency Proposes Approval of Revisions

The United States Environmental Protection Agency (“EPA”) published in the August 22nd Federal Register Notice a proposed rule that would approve portions of the revisions to the Arkansas State Implementation Plan (“SIP”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Landfill, Expansion: Individual Petitioners/Mayor Russell/Tontitown Joint brief in Support of Second Motion for...

As previously noted in April 19th and 18th blogs, the Mayor of Tontitown and certain individuals filed separate Requests for Adjudicatory Hearing and Commission Review (collectively “Petitioners”) before the Arkansas...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Asbestos Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and North Little Rock...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Car-Son Construction, LLC (“Car-Son”) entered into a June 16th Consent Administrative Order (“CAO”) addressing alleged violations...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Hazardous Waste Generators - Reminder: Arkansas Department of Energy & Environment - Division of Environmental Quality...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) circulated a May 4th email reminder to Arkansas Hazardous Waste Generators regarding the due date for remittance for Remedial Action...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Washington County Landfill/Expansion: Request for Adjudicatory Hearing/commission Review - Motion for Relief From Automatic Stay

As previously noted in April 19th and April 18th blogs, the Mayor of Tontitown and certain individuals have filed separate requests for adjudicatory hearing and Commission review (collectively “Petitions”) before the Arkansas...more

Mitchell, Williams, Selig, Gates & Woodyard,...

94th Arkansas General Assembly/Petroleum Storage Tank Trust Fund: Senate/House of Representatives Enact Legislation Increasing...

The Arkansas State Senate and House of Representatives have passed legislation (HB1520) which would raise the limit for payment for corrective action per occurrence pursuant to the Arkansas Petroleum Storage Tank Trust Fund...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Hardy Enter...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) and the City of Hardy, Arkansas (“Hardy”) entered into a February 6th Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Energy & Environment - Division of Environmental Quality/Emergency Order Addressing Pope County Fueling...

Administrative Law Judge (“ALJ”) Charles Moulton addressed in an August 16th Amended Recommended Decision (“ARD”) an issue arising out of the administrative litigation associated with Mena Short Stop, LLC (“Mena Short Stop”)....more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Recycling Tax Credit: Arkansas Department of Energy & Environment - Division of Environmental Quality – Waste Reduction,...

The Arkansas General Assembly through Act 748 of 1991 established a tax credit program for facilities establishing or expanding processes that utilize recyclables. The recycling tax credit has been very beneficial to...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Department of Energy & Environment - Division of Environmental Quality/Emergency Order: Polk County Fueling Station Files...

Mena Short Stop, LLC (“Mena Short Stop”) filed on June 23rd a Request for Hearing (“Request”) before the Arkansas Pollution Control & Ecology Commission (“APC&EC”) of an Emergency Order issued by the Chief Administrator of...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Arkansas Hazardous Waste Generators: Arkansas Department of Energy & Environment - Division of Environmental Quality Addresses...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) circulated a May 5th email reminder to Arkansas hazardous waste generators regarding the due date for remittance for Remedial Action...more

Mitchell, Williams, Selig, Gates & Woodyard,...

NPDES Permitting/Clean Water Act: Arkansas Department of Energy & Environment - Division of Environmental Quality Seeks Judicial...

The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) filed a Complaint for Declaratory and Injunctive Relief (“Complaint”) in the United States District Court (“Eastern District –...more

Mitchell, Williams, Selig, Gates & Woodyard,...

2023 Triennial Review/Arkansas Water Quality Standards: Arkansas Department of Energy & Environment - Division of Environmental...

The Arkansas Department of Energy & Environment - Division of Environmental Quality (“DEQ”) announced it is initiating its 2023 Triennial Review of Arkansas’s Water Quality Standards (“WQS”). The WQS are found in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Osceola...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and American Greetings Corporation (“AGC”) entered into a June 24th Consent Administrative Order (“CAO”) addressing an alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Ashley County Cotton Gin...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Portland Gin & Warehouse, Inc. (“PGWI”) entered into a March 11th Consent Administrative Order (“CAO”) addressing an alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

93rd Arkansas General Assembly: Arkansas Authority to Seek Delegation/Section 404 Clean Water Act Program (UPDATE)

As previously noted, House Bill 1261 (“HB 1261”) was introduced on January 25th which would authorize the Arkansas Water Control Agency (i.e., Arkansas Department of Energy and Environment – Division of Environmental Quality...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hazardous Waste Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Russellville...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Mahle Engine Components USA, Inc. (“Mahle”) entered into a March 20th Consent Administrative Order (“CAO”) addressing alleged...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Wastewater Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and West Memphis Enter...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and the City of West Memphis (“City”) entered into a Consent Administrative Order (“CAO”) addressing alleged violations of a Clean...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Phillips County Biodiesel...

The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) and Solfuels USA., Inc. (“Solfuels”) entered into a March 5th Consent Administrative Order (“CAO”) addressing alleged violations of...more

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