Air Enforcement: Arkansas Department of Environmental Quality and Pulaski County, Arkansas, Nonmetallic Mineral Processing 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 Porocel Industries, LLC (“Porocel”) entered into a January 29th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 19-008.

The CAO provides that Porocel owns and operates a processing facility (“Facility”) for various nonmetallic minerals and product materials in Pulaski County, Arkansas.

The Facility is stated to operate pursuant to an Air Operating Permit (“Permit”) 0635-AR-19.

Porocel is stated to have submitted test results to ADEQ on August 30, 2018, for emissions testing conducted at the Flash Calciner #1 (SN-A-07) on July 3, 2018. The test results are stated to have indicated that SN-A-07 exceeded the permit emission rate limit for Particulate Matter (“PM”). The permitted emission rate limit for PM at SN-A-07 is stated to be 1.1 lb/hr. The average emission rate of PM recorded at SN-A-07 during the emission test was 1.6 lb/hr. This was stated to constitute a violation of Specific Condition 2 of the Permit.

The emission test report that had been submitted on August 30, 2018, is stated to have included a letter from Porocel including the permit limit for PM would be adjusted in a future permit modification to correspond with the actual operation of the equipment.

ADEQ is stated to have informed Porocel in a September 11, 2018, letter that its review of the emissions test report previously submitted indicated that SN-A-07 was not in compliance with the permitted PM emission rate limit.

The CAO provides that Porocel neither admits nor denies the factual and legal allegations contained in the CAO.

Porocel is required within 60 days of the effective date of the CAO to comply with either Option A or B:

Option A: Submit a permit modification application to increase the PM emission rate limit at SN-A-07.

Option B: Conduct emissions re-testing at SN-A-07 for PM.

A decision regarding the choice of options is required within 15 calendar days of the effective date of the CAO.

A civil penalty of $1,400 is assessed.

A copy of the CAO can be found here.

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