The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Performance Proppants, LLC, (“PPL”) entered into a March 10th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 22-023.
The CAO provides that PPL owns and operates a sand plant (“Plant”) in Doddridge, Arkansas.
The Plant is stated to hold an air permit (2400-AR-3) (“Permit”).
Engineering Compliance and Construction, Inc. (“ECCI”) is stated to have submitted on November 18, 2021, a significant modification permit application on behalf of PPl. According to the application, it requested the replacement a 1,000 gallon gasoline storage container (SN-22) with a 2,000 gallon gasoline storage container (replacement tank), and an increased throughput limit.
DEQ deemed that the permit application was administratively complete on November 22, 20,21.
According to the CAO, DEQ personnel contacted ECCI on December 6, 2021 as part of the permit review. They were referring to the October 27, 2021 date as the date the replacement tank was built and put into service. ECCI has confirmed that the replacement tank was constructed on October 27, 2021 and used on the date indicated by the CAO on December 6, 2021. This was before the permit application had been submitted on November 18, 2021.
It is noted that Regulation 18.301 requires that stationary sources must be approved prior to installation or operation.
DEQ issued Air Permit 2400 AR-4 to the public on January 31, 2022. This permit contains the PPL changes requested in the permit application, which was submitted on November 18, 20,21.
The CAO stipulates that PPL cannot admit or deny the factual or legal allegations made in the CAO.
A civil penalty of $1.440 will be assessed.
Download a copy the CAO Here.