The Arkansas Department of Energy & Environment – Division of Environmental Quality (“DEQ”) and Kimberly-Clark Corporation (“Kimberly-Clark”) entered into a December 13th Consent Administrative Order (“CAO”) addressing alleged violations of an air permit. See LIS No. 21-132.
The CAO provides that Kimberly-Clark owns and operates an infant care product manufacturing facility (“Facility”) in Maumelle, Arkansas.
The Facility is stated to hold an air permit (“Permit”).
Specific Condition 1 of the Permit is stated to prohibit the Facility exceeding the permitted Volatile Organic Compounds (“VOC”) emission rate limits of 0.80 lbs/hr and 3.20 tpy at the Nonwovens Process. Specific Conditions 1 and 2, which prohibit the Facility from exceeding the permitted PM10 emission rates limits of 0.40 lbs/hr, 0.50 typ at SN-26, and permissible PM10 emission rates limits of 0.40 lbs/hr at the Stripper Fans, respectively, are also included in the Permit.
According to the Facility, it submitted DEQ test results from testing at SN-26 on May 25th. The Facility stated that the PM10 emission limit limits were exceeded by SN-26, and VOC emission rates limits were exceeded by SN-26, and SN-29.
The CAO also provides the following:
The test results revealed that Respondent exceeded the PM10/VOC permissible emission rate limits at SN-266 during testing. The average PM10 emission rate at SN26 was 0.13 lbs/hr, 0.57 tpy. This exceeded the permissible emission rate limits of 0.10 lbs/hr or 0.50 tpy. The average VOC emission rate at SN-226 was 1.06 lbs/hr, 4.64 tpy, exceeding both the permissible emission rate limits of 0.80 lbs/hr & 3.20 tpy. This act is against Ark Specific Condition 1 and violates Ark. Code Ann. § 8-4-217( a)(3) as referenced by Ark. Code Ann. § 8-4-304.
In a letter that was attached to the August 31st test report, the Facility stated that it would submit a de minimis permit application to increase the PM10 emission rate limits at SN-26.5 and to increase VOC emission rates for SN-29.
Kimberly Clark does not admit to or deny the legal and factual allegations in the CAO.
The CAO requires that the Facility either:
- Submit a permit modification request to DEQ to address the PM10/VOC emission rate limit exceedances SN-26. Also, to include VOC emission rates limits SN-29 in your Permit.
- Conduct emissions testing at SN-26.1 for PM10/VOC to verify compliance with the current permitted limits. Submit a permit modification request to include VOC emission rates limits for SN-29.
A civil penalty of $4,000. This penalty could have been reduced to one-half if signed and returned by DEQ by December 23rd.
You can download a copy of the CAO Here.