May 24, 2023
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Missouri Department of Natural Resources (“MDNR”) entered into a May 17th Administrative Order on Consent (“AOC”) with the following:
- Lifeline Foods, LLC (“Lifeline”)
- ICM Biofuels, LLC (“ICM”)
The AOC describes each company as follows:
- Lifeline owns and operates a cereal manufacturing plant in St. Joseph, Missouri
- ICM owns and operates an ethanol plant in St. Joseph, Missouri
The AOC provides that on September 1, 2022, an MDNR inspector conducted a routine compliance inspection of both the Lifeline and ICM facilities.
The following violations were allegedly identified:
- Lifeline and ICM failed to calculate and record monthly totals of particulate matter (“PM”) and Nitrogen Oxide (“NOx”) emissions as required by a Construction Permit
- ICM failed to submit semiannual reports as required by 40 CFR Part 60, Subpart VV
- Lifeline and ICM failed to perform daily or weekly visible emissions inspections of baghouse, pumps, emission points, plant property, and haul roads as required by the Construction Permit
The AOC provides that both companies have already begun corrective actions. Such corrective actions are described in the AOC.
The assessed penalty for the above violations is stated to be $12, 500. However, the penalty could be reduced to $10,000 if payment is received within 30 days of the date of the AOC.
A copy of the AOC can be downloaded here.
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