January 05, 2021
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The Sierra Club and three other environmental organizations (collectively “Sierra Club”) sent a December 21st Notice of Intent to Sue (“NOI”) to DCP Operating Company, LP (“DCP”) regarding alleged Clean Air Act violations related to the Goldsmith Natural Gas Processing Plant (“Plant”) in Goldsmith, Texas.
The other organizations include:
- Environmental Integrity Project
- Environment Texas
- Texas Campaign for the Environment
DCP is stated to own and operate the Plant. The Plant is alleged to have violated and be in violation of the:
- Federal Clean Air Act
- Texas State Implementation Plan
- Plant’s Clean Air Act permits
The violations are alleged to include emitting air pollutants at rates and in excess of, and not authorized by, applicable permits.
The alleged exceedances described in the NOI include:
- Violations of Annual Emission Limits
- Violations of Hourly Emission Limits
- Violations of Operational Limits
- Violations of Clean Air Act New Source Performance Standards
The air pollutant addressed in the NOI is sulfur dioxide.
The Clean Air Act allows the commencement of a civil action in the United States District Court for violations of a Clean Air Act emission standard or limitation. However, such plaintiffs are required to notify the defendant as well as the state and federal regulators 60 days before filing such a citizen suit action.
A copy of the NOI can be downloaded here.
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