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The Arkansas Department of Environmental Quality (“ADEQ”) and Firestone Building Products Company, LLC (“Firestone”) entered into a March 16th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS 18-028.

The CAO provides that Firestone owns and operates a rubber roof manufacturing facility (“Facility”) located in Nevada County, Arkansas.

The Facility is stated to hold Air Operating Permit 0698-AR-23 (“Permit”).

An inspection allegedly indicated that Firestone failed to conduct annual visible emissions observations for opacity at Emergency Diesel Fire Pump (SN-503) and Emergency Diesel Generator (SN-504) in 2013, 2014, 2015, and 2016 as required by Specific Condition 52 of the Permit.

It is also alleged that Firestone failed to conduct annual visible emissions observations for opacity at Emergency Diesel Air Compressors (SN-505 and SN-506) in 2013, as required by Specific Condition 70 of the Permit.

Firestone is stated to have contacted ADEQ on June 29, 2017, about records for the Facility. The company is stated to have indicated that during the inspection the opacity records could not be located due to changes in staff. They had since been found and were ready to be provided to ADEQ. Further, Firestone stated that it did not receive certain correspondence ADEQ sent on April 24, 2017. The CAO states that a delivery record from the United States Postal Service indicates correspondence was delivered on April 27, 2017.

Firestone mailed records and additional information to ADEQ to be considered. It is alleged that the records still indicate compliance was not demonstrated for annual visible emission observations for 2013, 2014, 2015, and 2016. However, it is stated that the proposed visible emissions observation form created would be sufficient moving forward.

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

The CAO requires that within 60 calendar days of the effective date of the CAO Firestone shall submit to ADEQ annual visible emissions for the opacity limits assigned for SN-503 and SN-504 for the year 2016 to show compliance with Specific Condition 52.

The CAO further requires that within 60 calendar days of the effective date of the CAO Firestone submit to ADEQ annual visible emissions for the opacity limits assigned for SN-505 and SN-506 for the year 2017 to show compliance with Specific Condition 70.

The CAO assesses a civil penalty of $4,000 which could be reduced to $2,000 if the CAO was signed and returned to ADEQ by March 21st.

A copy of the CAO can be found here.