Air Enforcement: Arkansas Department of Energy & Environment - Division of Environmental Quality and City of Beebe 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 City of Beebe, Arkansas, (“Beebe”) entered into a Consent Administrative Order (“CAO”) addressing an alleged violation of a General Air Permit. See LIS No. 24-001.

Beebe is stated to own and operate an air curtain incinerator in White County, Arkansas.

The incinerator is addressed by a General Air Permit for Title V Air Curtain Incinerators (“Permit”). Therefore, it is subject to the provisions of 40 C.F.R. Part 60, Subpart EEE – Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004.

DEQ personnel are stated to have conducted a compliance inspection of the incinerator on February 15, 2023. The inspection is stated to have covered the reporting period of December 14, 2021, through February 14, 2023.

Beebe is stated to have failed to conduct opacity testing within 180 days of the incinerator startup. This is alleged to violate Specific Condition 33 and Plantwide Condition 3 of the Permit. Further, Beebe is stated to have failed to submit two Semi-Annual Monitoring (“SAM”) reports and an Annual Compliance Certification (“ACC”) report to DEQ by the due dates.

Beebe submitted to DEQ a Stack Test Protocol Form on March 1, 2023, for opacity testing to be conducted on the incinerator on March 16, 2023. Beebe conducted the opacity testing for the incinerator on March 16, 2023.

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

The CAO assesses a civil penalty of $2,500.

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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