The Mississippi Commission on Environmental Quality (“MCEQ”) and Delta-Energy Natchez, LLC (“Delta-Energy”) entered into a July 28th Agreed Order (“AO”) addressing alleged violations of an air permit. See Order No. 7264 23.
The Order provides that Delta-Energy operates a facility (“Facility”) in Adams County, Mississippi, pursuant to a Synthetic Minor Operating Permit (“Air Permit”).
The Mississippi Department of Environmental Quality is stated to have notified Delta-Energy pursuant to letters dated February 12, 2021, and June 20, 2022, of the following violations of the Air Permit:
A. Condition 5.7(a): Respondent failed to install a device to monitor gas flow to the flare at Emission Point AA-002.
B. Condition A.11: Respondent placed two storage tanks into service prior to the modification of the permit.
C. Condition 6.2: Respondent failed to submit certified 2021 Annual Monitoring Report by January 31, 2022.
Delta-Energy asserted by letter dated December 14, 2021, that the device required by Condition 5.7(a) to monitor gas flow to the flare was installed during June 2021. Further, on or about April 28, 2021, Delta-Energy requested to modify the Air Permit to include the additional storage tanks. The Mississippi Environmental Quality Permit Board modified the Air Permit on September 16, 2021.
Delta-Energy submitted on or about March 31, 2022, a certified 202 Annual Monitoring Report.
The AO assesses a civil penalty of $22,500.
A copy of the AO can be downloaded here.
The Between the Lines blog is made available by Mitchell, Williams, Selig, Gates & Woodyard, P.L.L.C. and the law firm publisher. The blog site is for educational purposes only, as well as to give general information and a general understanding of the law. This blog is not intended to provide specific legal advice. Use of this blog site does not create an attorney client relationship between you and Mitchell Williams or the blog site publisher. The Between the Lines blog site should not be used as a substitute for legal advice from a licensed professional attorney in your state.