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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.| Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.
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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.| 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 Quality Rock (“Quality”) entered into a January 24th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 22-011.

The CAO provides that Quality owns and operates a rock crushing plant (“Plant”) in Rosebud, Arkansas.

The Plant is stated to be operated pursuant to General Air Permit for Minor Source Rock Crushing Facilities 1916-AGP-000 (“Permit”). Further, the Plant is subject to the 40 C.F.R. Part 60, Subpart OOO – Standards of Performance for Nonmetallic Mineral Processing Plants (“Subpart OOO”).

According to DEQ personnel, they were able to inspect the Plant on May 12, 2021. According to the inspection, it covered the reporting period from February 1, 2019 through April 30, 2021.

According to the CAO, records reviewed during inspection showed that the Plant did not keep records of the monthly inspections for water spray nozzles used in wet suppression to control the plant’s emissions. The inspection also revealed that the Plant failed to provide maintenance records for water spray nozzles during the entire reporting period. This is a violation of Subpart OOO and Specific Condition 34 of Permit.

Quality submitted to DEQ a template of the water spray nozzle maintenance logs for June 9, 2021.

Quality does not accept or deny the factual and legal allegations made in the CAO.

The CAO requires that Quality submit to DEQ monthly water sprayer maintenance records as required in Paragraph 9 of Findings of Fact. This will be used to show compliance with Specific Condition 34 of Permit. These records must be submitted for three consecutive month beginning with the month following effective date of the CAO. The records must be submitted no later than the 15th day of each month they pertain.

A civil penalty of $1.200 will be assessed.

Download a copy the CAO Here.

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