August 01, 2023
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Mississippi Commission on Environmental Quality (“MCEQ”) and Kentucky-Tennessee Clay Company (“KTCC”) entered into a May 31st Agreed Order (“AO”) addressing alleged violations of a Clean Air Act Title V Operating Permit. See Order No. 7258 23.
The AO provides that KTCC operates a facility in Crenshaw, Mississippi (“Facility”).
The Facility is stated to have been contacted by letters dated May 23, 2022, and December 26, 2022, and notified of certain alleged violations of its Title V Operating Permit which include:
- Condition No. 3.B.12: KTCC failed to demonstrate compliance with the total filterable Particulate Matter (PM) limit of 8.0 pounds per hour (lbs/hr) during a stack test of Emission Point AA-005 on May 18, 2020. KTCC emitted 28.40 lbs/hr of total filterable PM during the stack test. KTCC demonstrated compliance with the total filterable PM limit during a retest of Emission Point AA-005 on December 18, 2020.
- Condition No. 5.C. l: KTCC failed to submit the performance test results within sixty (60) days of the date the performance tests were conducted. KTCC submitted the results of the May 18, 2020 stack test 28 days late. KTCC submitted the results of the December 18, 2020 stack test 398 days late.
- Condition No. 3.B.10: KTCC failed to demonstrate compliance with the total filterable PM limit of 4.0 pounds per hour (lbs/hr) during a stack test of Emission Point AA-004 on June 1, 2022. KTCC emitted 4.52 lbs/hr of total filterable PM during the stack test. KTCC demonstrated compliance with the total filterable PM limit during a retest of Emission Point AA-004 on July 5, 2022.
KTCC does not admit the AO’s laws or facts.
A civil penalty of $78,750 is assessed.
A copy of the AO can be downloaded here.
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