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Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.| Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C.

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 & Environment – Division of Environmental Quality (“DEQ”) and Emery Sapp & Sons, Inc. (“Emery”) entered into a March 29th Consent Administrative Order (“CAO”) addressing an alleged violation of an air permit. See LIS No. 22-041.

The CAO provides that Emery owns and operates a hot mix asphalt facility (“Facility”) in Berryville, Arkansas.

The Facility operates pursuant to a General Air Permit for Minor Source Hot Mix Asphalt Facilities 1912-AGP-000 (“Permit”).

According to DEQ personnel, they inspected the Facility on September 15, 2021 for the inspection review period from July 1, 2020 through August 31, 2021. Such inspection is stated to have indicated that Emery failed to document weekly visible emission (“VE”) observations at the Facility from January 1, 2020, through September 15, 2021, allegedly violating Condition 14 of the Permit.

Emery replied to DEQ correspondence and stated that since the inspection, they have provided training for Facility personnel on recording VE observations properly and set up an electronic document system to ensure compliance in the future.

Emery does not admit to or deny the legal and factual allegations in the CAO.

See Also

Emery must submit monthly copies of its VE emission observation records for three months in order to demonstrate compliance with Specific Condition 14. A chart is provided to indicate the due dates.

A civil penalty of $2940 will be assessed. This could have been reduced to one-half if DEQ received the CAO within 30 days of its effective day.

Download a copy the CAO Here.

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