Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and Danville Wood Recycling 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 Custom Wood Recycling, Inc. (“Custom”) entered into a February 17th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS NO. 22-012.

The CAO provides that Custom owns and operates a wood recycling facility (“Facility”) and an air incinerator curtain located in Danville, Arkansas.

The air permit referenced in the CAO is a General Air Permit for Title V Air Curtain Incinerators 2370-AGP-000 (“Permit”).

DEQ personnel are stated to have conducted a compliance inspection of the Custom Facility on July 21, 2021. The inspection is stated to have covered the reporting period of July 2020 through June 2021.

Records reviewed during the inspection are stated to have indicated that the Facility failed to conduct the initial opacity testing at the air incinerator curtain within 180 days of startup. This is alleged to violate Specific Condition 26 of the Permit.

DEQ informed Custom of the alleged compliance issue identified in the inspection to which the Facility submitted a response. Custom stated the Facility has contacted a testing company and is in the process of scheduling an opacity test to be conducted at the air incinerator curtain.

Custom submitted to DEQ a stack test protocol form for opacity testing to be conducted at the incinerator curtain on October 15, 2021. The test results were submitted October 21. 2021. The CAO provides that a review of the test results indicated that the Facility is in compliance with the permitted opacity limits at the time of testing.

The CAO provides that Custom neither admits nor denies the factual and legal allegations alleged.

A civil penalty of $1,200 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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