Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Bradley County Hardwood Flooring Facility 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 AHF, LLC (“AHF”), entered into a July 22nd Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 21-071.

The CAO provides that AHF owns and operates a hardwood flooring facility (“Facility”) in Bradley County, Arkansas.

DEQ personnel are stated to have conducted an inspection on November 17, 2020, of the Facility. Such inspection is stated to have encompassed the reporting period of November 2019 through October 2020.

The inspection allegedly determined that AHF failed to conduct a biennial tune-up of SN-41 within 25 months of the previous tune-up. This allegedly violated Specific Condition 24 of the air permit.

DEQ’s review of the 2020 Compliance Monitoring Database for Title V Facilities is stated to have indicated that AHF did not timely submit their Semi-Annual Monitoring (“SAM”) Report on or before September 1, 2020. This is stated to have violated General Provision 7 of the permit.

A review of the previously referenced Database is also stated to have indicated that AHF did not timely submit an Annual Compliance Certification Report due on or before the September 1, 2020, due date. This allegedly violated General Provision 21 of the permit.

AHF is stated to have submitted email response to DEQ queries regarding the alleged identified issues. The responses are stated to have indicated that due to personnel change over and COVID-19 the referenced reports were not timely submitted.

The CAO provides that AHF 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 AHF conduct a biennial tune-up on the Facility’s SN-41. Further, within 60 calendar days of the effective date of the CAO, AHF is required to submit the biennial tune-up documentation for SN-41.

A civil penalty of $2,800 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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