Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and El Dorado Chemical Manufacturing 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 El Dorado Chemical Company (“EDCC”) entered into an August 5th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 24-124.

The facility operates a chemical manufacturing facility in El Dorado, Arkansas.

DEQ personnel are stated to have conducted an air inspection on August 9, 2023 at the facility. The inspection is stated to have covered the review period of August 1, 2021 through June 30, 2023.

EDCC is stated to have submitted an Upset Condition Report (“UCR”) for SN-57 on August 17, 2022 noting the release of 3,077 pounds of ammonia for a total duration of 8.5 hours from August 12, 2022 to August 13, 2022. The hourly rate for the release is stated to have exceeded the permitted hourly rate of 40 pounds per hour, violating a Specific Condition 170 of the permit.

The CAO provides that no preventative measures were outlined in the submitted UCR.

EDCC provided a response to formal ADEQ enforcement action correspondents that contained a proposed Corrective Action Plan.

The CAO provides that a review by DEQ personnel determined the plan to be inadequate to address the violation as it did not contain sufficient details as to what would be changed to prevent future upset conditions.

EDCC 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 EDCC submit a Corrective Action Plan and Implementation Schedule to DEQ for review and approval addressing paragraph 8 of the Findings of Fact of the CAO.

A civil penalty of $1,440.00 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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