Air Enforcement: Mississippi Commission on Environmental Quality and Olive Branch Facility Enter into Agreed Order

The Mississippi Commission on Environmental Quality (“MCEQ”) and Evercompounds, LLC, (“Evercompounds”) entered into a July 2nd Agreed Order (“AO”) addressing alleged violations of an air permit. See Order No. 7135 21.

The AO provides that Evercompounds holds an air permit for a facility in Olive Branch, Mississippi.

MCEQ is stated to have contacted Evercompounds by letters dated July 13, 2020, and May 18, 2020, and alleged the following violations:

1. Air-Construction Permit No. 0680-00114, Condition B.3: Respondent failed to notify the Mississippi Environmental Quality Permit Board ("Permit Board") that construction or installation was performed in accordance with the approved plans and specifications on file with the Permit Board prior to commencing operation in May 2017.
2. Air-Construction Permit No. 0680-00114, Condition A.20: Respondent failed to submit a certification of construction prior to commencing operation in May 2017. By letter dated April 13, 2020, Respondent submitted the Certification of Construction.
3. Air-Construction Permit No. 0680-00114, Condition A.22: Respondent failed to submit an application for issuance of the Synthetic Minor Operating Permit no later than twelve ( 12) months after beginning operation in May 2017. On May 6, 2020, Respondent submitted a Synthetic Minor Operating Permit application to MDEQ' s Environmental Permits Division. Synthetic Minor Operating Permit No. 0680-00114 was issued on September 4, 2020.
4. Air-Synthetic Minor Operating Permit No. 0680-00114, Condition 6.2: Respondent failed to submit a certified annual synthetic minor monitoring report for the 2020 calendar year by January 31, 2021. By letter dated March 24, 2021, Respondent submitted a certified annual synthetic minor monitoring report for the 2020 calendar year. By letter dated May 21, 2021, Respondent asserted it contracted with an environmental consultant to ensure future compliance with Synthetic Minor Operating Permit No. 0680-00114.

Evercompounds is stated to have submitted pursuant to a March 24th letter a certified annual synthetic minor monitoring report for the 2020 calendar year. Further, by letter dated May 21, 2021, Evercompounds asserted it contracted with an environmental consultant to ensure future compliance with Synthetic Minor Operating Permit No. 0680-00114.

A civil penalty of $45,000 is assessed.

A copy of the AO can be downloaded here.