Air Enforcement: Arkansas Department of Energy and Environment - Division of Environmental Quality and Nashville Gypsum Wallboard Manufacturing Facility Enter into Consent Administrative Order

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 Certainteed Gypsum Manufacturing, Inc. (“Certainteed”) entered into an October 14th Consent Administrative Order (“CAO”) addressing alleged violations of an Air Permit. See LIS No. 24-148.

The CAO provides that Certainteed owns and operates a Gypsum wallboard manufacturing facility (“Facility”) in Howard County, Arkansas.

The Facility is stated to hold an Air Permit.

DEQ is stated to have performed a routine compliance inspection of the Facility on October 7th. The inspection reporting period was June 1, 2022, through December 31, 2023.

The inspection determined that Certainteed failed to provide records of quarterly thirty-minute visible emissions inspections at SN-64 and SN-65 for the entire reporting period. Such failures are alleged to violation Specific Condition 19 and Specific Condition 67 of the Air Permit and Subpart OOO.

The inspection is also stated to have determined that the Facility failed to provide records of monthly inspections for the wet suppression system from November 2023 through March 2024. This failure is alleged to violate Specific Condition 84 of the Air Permit and Subpart OOO.

In response to DEQ correspondence, Certainteed is stated to have provided the following documentation:

  1. The quarterly thirty-minute visible emissions inspections at SN-64 and SN-65 for Quarter I 2024 had been completed.
  2. The installation of the Terex Screen (SN-71) and Telesmith Cone Crusher (SN-72) was completed in November 2023. The wet suppression system is the control equipment for SN-71 and SN-72.
  3. Intermittent issues with the wet suppression system caused monthly inspections to not occur.
  4. Repairs were completed and the wet suppression system was operational as of March 13, 2024.

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

The CAO requires that within 30 calendar days of its effective date Certainteed submit records of quarterly thirty-minute visible emissions inspections at SN-64 and SN-65 for quarter one 2024 to demonstrate compliance with Specific Conditions 19 and 67 of the Air Permit and Subpart OOO.

The CAO also requires that within 30 calendar days of its effective date, that Certainteed submit records of monthly inspections of the wet suppression system to demonstrate compliance with Specific Condition 84 of the Air Permit and Subpart OOO. Further, the records are required to be submitted on a monthly basis for a period of six months beginning with the month following the effective date of the CAO.

A civil penalty of $8,640.00 is assessed.

A copy of the CAO can be downloaded here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations. Attorney Advertising.

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

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