Air Enforcement: Arkansas Department of Environmental Quality and Craighead County, Arkansas Rice Milling Facility Enter into Consent Administrative Order

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

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The Arkansas Department of Environmental Quality (“ADEQ”) and Riceland Foods, Inc., (“RFI”) entered into a March 13th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 18-023.

The CAO provides that RFI owns and operates a facility (“Facility”) that receives, dries, stores, and mills rice in Craighead County, Arkansas.

The Facility was issued Air Operating Permit 0462-AOP-R22 (“Permit”) on December 4, 2016.

The CAO provides that ADEQ received a Title V renewal application from RFI. The agency is stated to have determined from a review of the Title V renewal application that two gasoline storage tanks were not permitted. The prior installation of a 500 gallon and 550 gallon tank are referenced.

The CAO further states in part:

General Provision 23 of Permit R22 and 40 C.F.R. Part 63, Subpart CCCCCC: National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities requires Respondent to have existing gasoline fuel tanks permitted no later than January 10, 2011. Prior to the renewal application, SN-215 and SN-216 were never permitted. Such failure violates General Provision 23 of Permit R22, Subpart CCCCCC . . .

ADEQ subsequently issued Draft Operating Permit 0462-AOP-R23 to RFI on October 4, 2017, which includes the two unpermitted storage tanks.

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

A civil penalty of $28,00 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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