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Latest Legal Notices


Environmental Permits

June 16, 2017

Notice of Application
For Renewal No-Discharge Permit 4579-WR-6
Under the provisions of Act 163 of the 1993 Arkansas Legislature, this is to give notice that the Arkansas Department of Environmental Quality (ADEQ) Office of Water Quality has received an application for renewal on 6/1/2017, for a no-discharge permit, Permit No. 4579-WR-6, for land application of industrial waste. The permit application was submitted from the following applicant:
Evergreen Packaging, Inc.
5201 Fairfield Rd.
Pine Bluff, AR 71601
The facility under consideration is located as follows: Section 9 Township 6 South Range 8 West, near the city of Pine Bluff in Jefferson County, Arkansas. Interested persons desiring to request a public hearing on the application may do so in writing. All requests should be received by ADEQ within 10 days of the date of this notice and should be submitted to:
Colby Ungerank
Arkansas Department of Environmental Quality
5301 Northshore Drive
North Little Rock, AR 72118-5317
Telephone: (501) 682-0047
74172544f

June 16, 2017

Public Notice
Pursuant to A.C.A. sec.8-4-203, and the regulations promulgated thereunder, the Office of Air Quality of the Arkansas Department of Environmental Quality gives the following notice:
Tyson Poultry, Inc. - Waldron Process (64-00001) operates a facility located at 442 Plant Street, Waldron, AR 72958. This facility has submitted an application to replace the receiving leg SN-04 with an elevator leg of the same capacity, correct the yearly particulate emissions from SN-04 through SN-08, correct the manganese hourly and yearly rate of SN-02 and SN-21, permit the micro-ingredient bin (SN-25), update the insignificant activity table, and to remove the applicability of NSPS Subpart Dc for SN-14 and SN-15. The permitted emission rates have been modified as follows: PM/PM10 emission rates increased by 4.1 tons per year and Manganese emissions increased by 0.0051 tons per year.
The application has been reviewed by the staff of the Department and has received the Department’s tentative approval subject to the terms of this notice.
Citizens wishing to examine the permit application and staff findings and recommendations may do so by contacting ADEQ Air Permits Branch. Citizens desiring technical information concerning the application or permit should contact, Jesse Smith, Engineer. Both ADEQ Air Permits Branch and Jesse Smith can be reached at the Department’s central office, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317, telephone: (501) 682-0730.
The draft permit and permit application are available for copying at the above address. This information may be reviewed during normal business hours. The draft permit may also be found at http://www.adeq.state.ar.us/air/permits/draft_noi.aspx.
Comments will be accepted in accordance with Section 8.208 of Regulation #8. During the public comment period, any person may submit written comments to the Department at the above address Attention: ADEQ Air Permits Branch or to airpermits@adeq.state.ar.us by email. Any interested person may request a public hearing on the draft permitting decision during the public comment period. The public comment period shall begin on the day this notice is published and shall expire at 4:30 p.m. Central Time on the thirtieth (30th) calendar day after publication of this notice.
The Director shall make a final decision to issue or deny this application or to impose special conditions in accordance with Section 8.211 of the Arkansas Pollution Control and Ecology Commission’s Administrative Procedures (Regulation #8).
Dated this 16th day of June, 2017.
Becky W. Keogh
Director
74172701f

June 14, 2017

PUBLIC NOTICE OF DRAFT NO-DISCHARGE PERMIT
PERMIT NUMBER 4930-WR-3
AFIN 72-01782
This is to give notice that the Arkansas Department of Environmental Quality (ADEQ) Office of Water Quality, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317 at telephone number (501) 682-0650, proposes a draft renewal of the permit for which an application was received on 2/21/2017, for the following applicant under the Arkansas Water and Air Pollution Control Act.
Applicant: Horsebend POA, Inc., PO Box 8102, Fayetteville, AR 72703. Location: From Fayetteville drive approximately 2 miles on Hwy. 45. Turn North on Shelton Road. Drive 0.25 miles to the Southwest corner of the development; Latitude: 36°6’30” N Longitude: 94°4’40” W.
This permit is for the construction and operation of a decentralized waste water treatment system with drip irrigation dispersal for a residential subdivision. This type of systems is also classified as Class V shallow injection wells under the provisions of APC&EC Regulation No. 17.
The facility is located in Stream Segment 4K of the White River Basin.
ADEQ's contact person for submitting written comments, requesting information regarding the draft permit, or obtaining a copy of the permit and the Statement of Basis is Timothy Byrne, at the above address and telephone number, or by email at Water-Draft-Permit-Comment@adeq.state.ar.us. For those with internet access, a copy of the proposed draft permit may be found on the ADEQ's website at www.adeq.state.ar.us.
The last day of the comment period is 30 days after the publication date at 4:30 P.M. Central Time. If the last day of the comment period is a Saturday, Sunday or legal holiday, the public comment period shall expire on the next day that is not a Saturday, Sunday or legal holiday. For information regarding the actual publication date along with the actual date and time the comment period will end, please contact Timothy Byrne at the above address and telephone number or by email at Water-Draft-Permit-Comment@adeq.state.ar.us. The staff member listed above may be contacted for the actual publication date and the exact date and time for the comment deadline. Comments and public hearing procedures may be found at Regulation No. 8 (Administrative Procedures). All persons, including the permittee, who wish to comment on ADEQ's draft decision to renew the permit, must submit written comments to ADEQ, along with their name and mailing address. After the public comment period, and public hearing, if one is held, ADEQ will issue a final permitting decision. A public hearing will be held when ADEQ finds a significant degree of public interest. ADEQ will notify the applicant and each person who has submitted written comments or requested notice of the final permitting decision. Any interested person who has submitted comments may appeal a final decision by ADEQ in accordance with the Regulation No. 8.
74167671

June 11, 2017

Public Notice
Pursuant to the Arkansas Operating Air Permit Program (Regulation #26) Section 602, the Office of Air Quality of the Arkansas Department of Environmental Quality gives the following notice:
Reynolds Consumer Products LLC (30-00030) operates a facility located at 1333 Highway 270, Malvern, AR 72104. This facility has submitted an application to: replace the two existing 240 HP fire protection diesel engines with two new 229 HP fire protection diesel engines; add a 2,500 gallon used oil tank to the insignificant activities; and remove the etch room hood from the insignificant activities. The total permitted annual emission rate limit decreases associated with this modification include: 0.2 tons per year (tpy) PM/PM10, 0.2 tpy CO, and 3.0 tpy NOX.
The application has been reviewed by the staff of the Department and has received the Department’s tentative approval subject to the terms of this notice.
Citizens wishing to examine the permit application and staff findings and recommendations may do so by contacting ADEQ Air Permits Branch. Citizens desiring technical information concerning the application or permit should contact, Ann Sudmeyer, Engineer. Both ADEQ Air Permits Branch and Ann Sudmeyer can be reached at the Department’s central office, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317, telephone: (501) 682-0730.
The draft permit and permit application are available for copying at the above address. This information may be reviewed during normal business hours. The draft permit may also be found at http://www.adeq.state.ar.us/air/permits/draft_noi.aspx.
Comments will be accepted in accordance with Section 8.208 of Regulation #8. During the public comment period, any person may submit written comments to the Department at the above address Attention: ADEQ Air Permits Branch or to airpermits@adeq.state.ar.us by email. Any interested person may request a public hearing on the draft permitting decision during the public comment period. The public comment period shall begin on the day this notice is published and shall expire at 4:30 p.m. Central Time on the thirtieth (30th) calendar day after publication of this notice.
The Director shall make a final decision to issue or deny this application or to impose special conditions in accordance with Section 8.211 of the Arkansas Pollution Control and Ecology Commission’s Administrative Procedures (Regulation #8) and Regulation #26.
Dated this 11th day of June, 2017.
Becky W. Keogh
Director
74167958f

June 11, 2017

Public Notice
Pursuant to Act 163 of the 1993 Legislative Session, the Arkansas Department of Environmental Quality gives the following notice:
3M Company – 3M Industrial Mineral Products Division (AFIN: 60-00003) has submitted an application for a modification of their existing air permit under the Department’s Regulation 26 (Title V). This facility is located at Highway 365 and Walters Drive, Little Rock, AR 72216. This application was declared administratively complete on 6/8/2017, and is undergoing technical review by the Air Division for compliance with State and Federal regulations. This facility’s mailing address is:
P.O. Box 165860
Little Rock, AR 72216
Citizens wishing to examine the permit application may do so by contacting Air Permits Branch, ADEQ, 5301 Northshore Drive, North Little Rock, AR 72118, (501) 682-0730.
Interested or affected persons may request a hearing on the proposed permit by giving the Department a written request within ten (10) business days of publication of this notice. The request shall be in writing to the above address – Attention: Air Permits Branch and state the reasons for the necessity of a public hearing. The Department shall have the discretion to decide whether to hold a public hearing, unless otherwise required by law or regulation. If a hearing is scheduled, adequate public notice will be given in this newspaper.
Dated this 11th day of June, 2017
Becky W. Keogh
Director
74168825f

June 11, 2017

Public Notice
Pursuant to the Arkansas Operating Air Permit Program (Regulation #26) Section 602, the Office of Air Quality of the Arkansas Department of Environmental Quality gives the following notice:
American Electric Power Service Corporation (John W. Turk Jr. Power Plant) (29-00506) operates a facility located at 3711 Highway 355 South, Fulton, AR 71838. This facility has submitted an application to the facility requested to clarify permit language concerning Lead, VOC, Mercury, HAP, and air contaminant emissions for SN-01 and SN-02. The remaining case-by-case MACT limits were also removed. The permitted emission increases include 0.5 tpy of PM10, 74.11 tpy of VOC, 36.6 tpy of CO. The permitted emission decreases include 341.05 tpy of PM.
The application has been reviewed by the staff of the Department and has received the Department’s tentative approval subject to the terms of this notice.
Citizens wishing to examine the permit application and staff findings and recommendations may do so by contacting ADEQ Air Permits Branch. Citizens desiring technical information concerning the application or permit should contact, Joseph Hurt, Engineer. Both ADEQ Air Permits Branch and Joseph Hurt can be reached at the Department’s central office, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317, telephone: (501) 682-0730.
The draft permit and permit application are available for copying at the above address. This information may be reviewed during normal business hours. The draft permit may also be found at http://www.adeq.state.ar.us/air/permits/draft_noi.aspx.
Comments will be accepted in accordance with Section 8.208 of Regulation #8. During the public comment period, any person may submit written comments to the Department at the above address Attention: ADEQ Air Permits Branch or to airpermits@adeq.state.ar.us by email. Any interested person may request a public hearing on the draft permitting decision during the public comment period. The public comment period shall begin on the day this notice is published and shall expire at 4:30 p.m. Central Time on the thirtieth (30th) calendar day after publication of this notice.
The Director shall make a final decision to issue or deny this application or to impose special conditions in accordance with Section 8.211 of the Arkansas Pollution Control and Ecology Commission’s Administrative Procedures (Regulation #8) and Regulation #26.
Dated this 11th day of June, 2017.
Becky W. Keogh
Director
74167690f

June 10, 2017

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
NOTICE OF ENFORCEMENT ACTIONS
Public notice is hereby given that the Arkansas Department of Environmental Quality (ADEQ) has entered into the Consent Administrative Orders and has issued the Notices of Violation listed below. Documents for these enforcement matters can be made available for inspection or copying by contacting ADEQ's Legal Division, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317. There may be a charge to cover photocopying costs for some documents. Copies of enforcement documents, including those referenced in this notice, also are available for viewing on the ADEQ website at http://www.adeq.state.ar.us/legal/cao_info.asp. Further, ADEQ is accepting written comments from the public regarding these matters. Such comments must be sent to ADEQ, Legal Division, at the above address within 30 days after publication of this Notice. If a comment on any proposed Consent Administrative Order is received by ADEQ within this time period, in accordance with Act 163 of 1993, the person submitting the comment may request the Arkansas Pollution Control and Ecology Commission to set aside the order in the matter by filing a petition with the Commission Secretary. If a comment on any Notice of Violation is received by ADEQ within this time period, the person submitting the comment will be given notice of any hearings held on the matter and shall have the right to intervene in any hearing in the matter by filing a petition for intervention with the Commission Secretary. Any such petition must be filed in accordance with applicable regulations and sent to the Commission Secretary, 101 East Capitol, Suite 205, Little Rock, Arkansas 72201.
CONSENT ADMINISTRATIVE ORDERS
Anthony Timberlands, Inc.- Beirne Facility, Clark County, Office of Air Quality, $5,400.00 Penalty, LIS No. 17-039
City of Walnut Ridge, Lawrence County, Office of Water Quality, $7,200.00 Penalty, LIS No. 17-040
Mississippi County, Arkansas, Mississippi County, Office of Air Quality, $1,400.00 Penalty, LIS No. 17-042
Max Taylor Oil Co., Inc., Pope County, Office of Air Quality, $1,800.00 Penalty, LIS No. 17-043
Dated this 10th day of June 2017
Becky W. Keogh, Director
Arkansas Department of Environmental Quality
74166387f

June 10, 2017

PUBLIC NOTICE OF DRAFT DISCHARGE PERMIT AND 208 PLAN
PERMIT NUMBER AR0042544, AFIN 60-00718
In accordance with Ark. Code Ann. sec.8-4-203(e), the Arkansas Department of Environmental Quality (ADEQ), Office of Water Quality, gives the following notice:
Speedy Stop LLC operates a facility located as follows: 201 West Dixon Rd, Little Rock, AR 72206 in Pulaski County. The facility is currently permitted to discharge treated sanitary and food preparation wastewater into an unnamed tributary, thence to Fish Creek, thence to Big Lake, thence to Pennington Bayou, and thence to the Arkansas River in Segment 3C of the Arkansas River Basin. Speedy Stop LLC submitted an application on January 30, 2017 for the renewal of NPDES Permit No. AR0042544. The application has been reviewed by the ADEQ’s Office of Water Quality and has received tentative approval subject to the terms of this notice.
The 208 Plan, developed by the ADEQ under provisions of Section 208 of the federal Clean Water Act, is a comprehensive program to work toward achieving federal water goals in Arkansas. The initial 208 Plan, adopted in 1979, provides for annual updates, but can be revised more often if necessary. Updates to the 208 Plan have been proposed to change the facility name from Crilanco Oil to Speedy Stop LLC. These changes have also been incorporated into the draft discharge permit.
Citizens wishing to examine or obtain copies of the permit application, the draft permitting decision, the Statement of Basis, or the 208 Plan may do so at the ADEQ headquarters located at 5301 Northshore Drive, North Little Rock, AR 72118-5317. To request a hard copy of one or more of the documents to be mailed, please call (501) 682-0623. For those with Internet access, a copy of the proposed draft permit as well as the publication date may be found on the ADEQ’s website at: https://www.adeq.state.ar.us/water/permits/drafts_pn.aspx
Comments on the draft renewal will be accepted in accordance with Arkansas Pollution Control and Ecology Commission Reg. 8.208. ADEQ’s contact person for submitting written comments on the draft permit or 208 Plan, or requesting a public hearing on the draft permit or the proposed changes to the 208 Plan, is Jessica Temple at the above address and telephone number or by email at Water-Draft-Permit-Comment@adeq.state.ar.us.
The period for submitting comments on the draft permit and 208 Plan and for requesting a public hearing shall begin on the date of publication of the public notice and end at 4:30 P.M. (Central Time) on the 30th day after the publication date. If the last day of the comment period is a Saturday, Sunday, or legal holiday, the public comment period shall expire on the next day that is not a Saturday, Sunday, or legal holiday. For information regarding the actual publication date along with the actual date and time the comment period will end, please contact Jessica Temple at the above address and telephone number or by email at Water-Draft-Permit-Comment@adeq.state.ar.us. Public notice, comments, and hearings will be conducted in accordance with Regulation 6.104(A)(5) [40 CFR Parts 124.10 through 124.12 by reference] and Regulation 8.207 through 8.210 (Administrative Procedures). All persons, including the permittee, who wish to comment on ADEQ’s draft permitting decision must submit written comments to ADEQ, along with their name and mailing address. A Public Hearing will be held when ADEQ finds a significant degree of public interest. After the public comment period, ADEQ will issue a final permitting decision. ADEQ will notify the applicant and each person who has submitted written comments or requested notice of the final permitting decision. Any interested person who has submitted comments may appeal a final decision by ADEQ in accordance with the APC&EC Regulation No. 8.603.
74166154f

June 7, 2017

ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY
NOTICE OF CORRECTIVE ACTION PLAN APPROVAL
Facility Name: Doublebee’s #116
Facility ID#: 60000126
LUST #: 60-0898
AFIN: 60-02571
Facility Location: 2402 Cantrell Road, Little Rock, Arkansas 72202
Notice is given in accordance with the provisions of Title 40 of the Code of Federal Regulations, sec.280.67(b) that a Corrective Action Plan (CAP) has been approved by ADEQ to clean-up petroleum contamination at the Doublebee’s #116, 2402 Cantrell Road, Little Rock, Arkansas 72202
Arkansas Department of Environmental Quality
Mr. Jarrod Zweifel, P.G.
Petroleum Tanks Program
5301 Northshore Drive
North Little Rock, AR 72118-5317
Phone: 501-682-0990
All persons who wish to comment on this decision must do so by submitting written comments, along with their name and address to ADEQ at the above address by 4:30 p.m. on July 7th, 2017. Only comments regarding the proposed action will be considered.
The CAP and the administrative file are available for public inspection under the provisions of the Arkansas Freedom of Information Act at:
In response to written requests, ADEQ will hold a public hearing whenever the ADEQ Director determines such a hearing might clarify issues concerning implementation of the CAP. Any request for a hearing must include the requestor’s name and address and shall state the nature of the issues to be raised in a hearing. ADEQ will issue a public notice of a hearing at least 30 days prior to the scheduled hearing. ADEQ may authorize implementation of all or a portion of the CAP, before the public comment period is complete, if such action is determined necessary by ADEQ to protect public health and welfare.
Submitting written comments to ADEQ or making oral statements on the record at a public hearing, if one is held, on the proposed action provides individuals with legal standing to appeal a final Department decision. Comments supporting or opposing the tentative decision will provide legal standing. Only parties with legal standing may appeal a permitting decision.
Dated this 7th day of June, 2017
Becky Keogh, Director
Arkansas Department of Environmental Quality
74162088f

June 4, 2017

Public Notice
Pursuant to the Arkansas Operating Air Permit Program (Regulation #26) Section 602, the Office of Air Quality of the Arkansas Department of Environmental Quality gives the following notice:
DeSoto Gathering Company, LLC-Gravel Hill CPF-4 (71-00396) operates a facility located at 2672 Liberty Springs Road, Scotland, AR 72141. This facility has submitted an application to renew and update their Title V Air Operating Permit. With this renewal the requirements for 40 C.F.R. Part 60, Subpart Subpart OOOO and Subpart OOOOa were added to the permit and the permit has been updated to match the formatting of other title V operating permits issued to DeSoto facilities throughout Arkansas. Lastly, some emission calculations were updated which resulted in minor adjustments to the permitted emission limits. The total permitted annual emission rate limit increases associated with this permit revision include 4.5 tpy SO2, 0.23 tpy benzene, 1.04 total other HAPs, while emission limit decreases include 0.6 tpy VOC, 0.06 tpy formaldehyde, and 0.1 tpy hydrogen sulfide.
The application has been reviewed by the staff of the Department and has received the Department’s tentative approval subject to the terms of this notice.
Citizens wishing to examine the permit application and staff findings and recommendations may do so by contacting ADEQ Air Permits Branch. Citizens desiring technical information concerning the application or permit should contact, Amanda Leamons, Engineer. Both ADEQ Air Permits Branch and Amanda Leamons can be reached at the Department’s central office, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317, telephone: (501) 682-0730.
The draft permit and permit application are available for copying at the above address. This information may be reviewed during normal business hours. The draft permit may also be found at http://www.adeq.state.ar.us/air/permits/draft_noi.aspx.
Comments will be accepted in accordance with Section 8.208 of Regulation #8. During the public comment period, any person may submit written comments to the Department at the above address Attention: ADEQ Air Permits Branch or to airpermits@adeq.state.ar.us by email. Any interested person may request a public hearing on the draft permitting decision during the public comment period. The public comment period shall begin on the day this notice is published and shall expire at 4:30 p.m. Central Time on the thirtieth (30th) calendar day after publication of this notice.
The Director shall make a final decision to issue or deny this application or to impose special conditions in accordance with Section 8.211 of the Arkansas Pollution Control and Ecology Commission’s Administrative Procedures (Regulation #8) and Regulation #26.
Dated this 4th day of June, 2017.
Becky W. Keogh
Director
74160536f

June 3, 2017

Public Notice
Pursuant to A.C.A. sec.8-4-203, and the regulations promulgated thereunder, the Office of Air Quality of the Arkansas Department of Environmental Quality gives the following notice:
Riceland Foods, Inc. (62-00012) operates a facility located at 133 Dennis, Wheatley, AR 72392. This facility has submitted an application to add capacity for 2,500,000 bushels of emergency storage of grain (SN-75 through SN-77) in storage piles. NSPS DD requirements were removed from SN-68, SN-71, and SN-73 due to an EPA Determination about their subcategory of grain dryers. Permitted emissions increased as follows: PM, 10.1; and PM10, 3.5 tpy.
The application has been reviewed by the staff of the Department and has received the Department’s tentative approval subject to the terms of this notice.
Citizens wishing to examine the permit application and staff findings and recommendations may do so by contacting ADEQ Air Permits Branch. Citizens desiring technical information concerning the application or permit should contact, Bart Patton, Engineer. Both ADEQ Air Permits Branch and Bart Patton can be reached at the Department’s central office, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317, telephone: (501) 682-0730.
The draft permit and permit application are available for copying at the above address. This information may be reviewed during normal business hours. The draft permit may also be found at http://www.adeq.state.ar.us/air/permits/draft_noi.aspx.
Comments will be accepted in accordance with Section 8.208 of Regulation #8. During the public comment period, any person may submit written comments to the Department at the above address Attention: ADEQ Air Permits Branch or to airpermits@adeq.state.ar.us by email. Any interested person may request a public hearing on the draft permitting decision during the public comment period. The public comment period shall begin on the day this notice is published and shall expire at 4:30 p.m. Central Time on the thirtieth (30th) calendar day after publication of this notice.
The Director shall make a final decision to issue or deny this application or to impose special conditions in accordance with Section 8.211 of the Arkansas Pollution Control and Ecology Commission’s Administrative Procedures (Regulation #8).
Dated this 3rd day of June, 2017.
Becky W. Keogh
Director
74159098f

June 3, 2017

Notice of Public Review Period for Arkansas Air Monitoring
Network
Pursuant to 40 CFR Part 58, Subpart B, states are required to submit an annual air monitoring network plan to the US Environmental Protection Agency (EPA). The Arkansas Department of Environmental Quality (ADEQ) will submit Arkansas’s plan to the US EPA Region 6 office in Dallas, TX after a 30-day public review period for comments. The public review period will expire on July 2, 2017 at 4:30 p.m.
This network plan is required to provide the framework for establishment and maintenance of an air quality surveillance system for the state. The document includes proposed changes to the Arkansas air monitoring network for Fiscal Year 2017, and represents ADEQ’s efforts to effectively protect the health of the citizens of Arkansas through ambient air monitoring using the latest and best technology that is commercially available and to communicate the data collected as quickly and accurately as possible.
Per the U.S. Environmental Protection Agency’s (U.S. EPA) 2010 SO2 National Ambient Air Quality Standard SO2 Data Requirements Rule (SO2 DRR), ADEQ is also making available for public notice and comment an Ongoing Data Requirement, Annual Updated Emissions Report and Further Modeling Recommendation that documents in Appendix A to this annual network plan that SO2 emissions from the Entergy Arkansas, Inc. White Bluff Steam Electric Station have decreased in 2015-2016 compared to the years of 2012-2014, which were the years evaluated in the modeling analysis submitted to the U.S. EPA on September 11, 2015.
The proposed Arkansas plan is available for public inspection on the ADEQ’s web site at the following address: https://www.adeq.state.ar.us/air/pdfs/arplan2017.pdf
In addition, a paper copy of the proposed plan can be obtained by contacting Miriam Talbert in the ADEQ Air Lab at 501.682.0925 or miriam@adeq.state.ar.us .
Any comments should be sent no later than 4:30 p.m. on July 2, 2017, to:
Miriam Talbert,
Air Lab Supervisor
Arkansas Department of
Environmental Quality
5301 Northshore Drive
North Little Rock, AR 72118
501.682.0925
miriam@adeq.state.ar.us
Published June 3, 2017
74158605f

June 1, 2017

NOTICE OF EMERGENCY
ORDER
Pursuant to Arkansas Code Annotated sections 8-4-101 et seq., 8-1-202 (b)(2)(c), and 8-4-220, the Arkansas Department of Environmental Quality (ADEQ) has issued an emergency order in connection with an unpermitted discharge of raw sewage from the collection system connected to a non-municipal domestic sewage treatment facility located at 14338 Krestview Drive, Mabelvale, Pulaski County, Arkansas 72103. The facility is under the control of Chicot Sewer Service, LLC, Kenneth Harper, and Janet Harper.
The unpermitted discharge threatens the surrounding residential area, an unnamed tributary, Little Fourche Creek, and Fourche Creek.
An ADEQ inspector discovered the unpermitted discharge during an inspection of the facility on May 23, 2017. The inspection revealed the influent line was disconnected from the lift station upstream of the facility, causing untreated sewage to discharge from the facility’s collection system directly onto the ground and into waters of the state.
On the same day, May 23, 2017, ADEQ personnel collected samples at the site of the discharge. Subsequent analysis of the samples found excessive levels of fecal coliform bacteria and E. coli bacteria, which pose threats to human health and the environment.
The emergency order directs the following actions be taken: cease the unpermitted discharge, clean up the area impacted by the unpermitted discharge, and repair the collection system line so that the collection system is operational.
Nothing in the order prevents the ADEQ from seeking to recover its costs in connection with the incident or taking appropriate enforcement action against any party determined to be responsible for the unpermitted discharge.
A copy of the full text of the order is available by contacting Kelly Robinson at ADEQ, 5301 Northshore Drive, North Little Rock, AR 72118; telephone, 501.682.0916; E-mail, robinson@adeq.state.ar.us.
Dated this 26th day of May, 2017,
Becky W. Keogh, Director,
Arkansas Department of
Environmental Quality
74155422f

May 27, 2017

Notice of Application
For Renewal No-Discharge Permit 5161-WR-2
Under the provisions of Act 163 of the 1993 Arkansas Legislature, this is to give notice that the Arkansas Department of Environmental Quality (ADEQ) Office of Water Quality has received an application for renewal on 5/8/2017, with additional information submitted 5/24/2017, for a no-discharge permit, Permit No. 5161-WR-2, for the land application of industrial waste. The permit application was submitted from the following applicant:
GEO Specialty Chemicals, Inc.
9213 Arch Street
Little Rock, AR 72206
The facility under consideration is located as follows: Section 3 Township 1N Range 12W, near the city of Little Rock in Pulaski County, Arkansas. Interested persons desiring to request a public hearing on the application may do so in writing. All requests should be received by ADEQ within 10 days of the date of this notice and should be submitted to:
Timothy Byrne
Arkansas Department of Environmental Quality
5301 Northshore Drive
North Little Rock, AR 72118-5317
Telephone: (501) 682-0648
74152935f

May 26, 2017

NOTICE OF DRAFT PERMIT DECISION
BY THE ARKANSAS
DEPARTMENT OF
ENVIRONMENTAL QUALITY
In accordance with provisions of Arkansas Statute 8-4-203, public notice is hereby given that as of May 19,2017, the Mining Program, Office of Land Resources of the Arkansas Department of Environmental Quality (ADEQ) announces its draft decision to issue a modification of Open-Cut Mining Permit No. 0529-MN-A2 as requested by B & B Materials, LLC 11210 Highway 165, North Little Rock, AR 72217 for a mining facility located in the City of North Little Rock in Pulaski County, Arkansas.
The ADEQ had received the necessary documentation from B & B Materials, LLC for the issuance of a modification of Open-Cut Mining Permit No. 0529-MN-A2 for the removal of a berm separating the mine site from the Arkansas River in Sections 11, 12 & 13 Township 1 North Range 11 West.
Any interested person may submit written comments concerning the technical merits of the ADEQ’s draft decision within 30 days of the publication of this notice. Any interested person may submit a request for a public hearing on the draft permit decision within 30 days of the publication of this notice. The decision on whether to schedule a public hearing is at the ADEQ’s discretion. If a hearing is scheduled, first class mail notice will be provided to the permit applicant and to all persons who submitted a request for a public hearing and who provided comments on the record.
Written comments concerning ADEQ’s draft decision should be sent to: James F. Stephens, Senior Manager/Chief Geologist, Mining Program, Office of Land Resources Arkansas Department of Environmental Quality, 5301 Northshore Drive, North Little Rock, AR 72118-5317 or by email to stephens@adeq.state.ar.us.
Additional information regarding the draft decision, including copies of the permit application and documents concerning the review process by the ADEQ staff, can be made available for inspection and copying by contacting the ADEQ’s Mining Program and Administration, Office of Land Resources at the above address. There will be a charge to cover photocopying costs.
A final, written decision on this permit application will be issued by ADEQ after the close of the 30-day public comment period or after a public hearing if one is held. The final decision will include a response to each issue raised during the public comment period for this proposal, and will include an explanation of the rationale for any technical requirements or standards involved in making the final decision. Any person with legal standing in this matter may appeal the ADEQ’s final decision to the Arkansas Pollution Control and Ecology Commission, Appeals must be in writing, must be filed within 30 days of the ADEQ’s final decision, and must conform to all the re3quirements set forth in Regulation No. 8.
May 26, 2017
Dated this 26th Day of May 2017
By authority of the Director
Arkansas Department of Environmental Quality
74151525f

May 26, 2017

Public Notice
Pursuant to the Arkansas Operating Air Permit Program (Regulation #26) Section 602, the Office of Air Quality of the Arkansas Department of Environmental Quality gives the following notice:
U.S. Army, Pine Bluff Arsenal (35-00116) operates a facility located at State Highway 365 South, White Hall, AR 71602-9500. This facility has submitted an application to upgrade the Pine Bluff Explosives Destruction System (PBEDS) air filtration system on Environmental Enclosure 3 (EE3) from a 5,000 cfm unit to a 12,000 cfm unit and correct emission calculations. Overall, annual permitted emissions increased by 0.01 tons per year (tpy) of total hazardous air pollutants.
The application has been reviewed by the staff of the Department and has received the Department’s tentative approval subject to the terms of this notice.
Citizens wishing to examine the permit application and staff findings and recommendations may do so by contacting ADEQ Air Permits Branch. Citizens desiring technical information concerning the application or permit should contact, Kyle Crane, Engineer. Both ADEQ Air Permits Branch and Kyle Crane can be reached at the Department’s central office, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317, telephone: (501) 682-0730.
The draft permit and permit application are available for copying at the above address. This information may be reviewed during normal business hours. The draft permit may also be found at http://www.adeq.state.ar.us/air/permits/draft_noi.aspx.
Comments will be accepted in accordance with Section 8.208 of Regulation #8. During the public comment period, any person may submit written comments to the Department at the above address Attention: ADEQ Air Permits Branch or to airpermits@adeq.state.ar.us by email. Any interested person may request a public hearing on the draft permitting decision during the public comment period. The public comment period shall begin on the day this notice is published and shall expire at 4:30 p.m. Central Time on the thirtieth (30th) calendar day after publication of this notice.
The Director shall make a final decision to issue or deny this application or to impose special conditions in accordance with Section 8.211 of the Arkansas Pollution Control and Ecology Commission’s Administrative Procedures (Regulation #8) and Regulation #26.
Dated this May 26, 2017
Becky W. Keogh
Director
74150745f

May 25, 2017

ARKANSAS DEPARTMENT OF
ENVIRONMENTAL QUALITY
NOTICE OF ENFORCEMENT ACTIONS
Public notice is hereby given that the Arkansas Department of Environmental Quality (ADEQ) has entered into the Consent Administrative Orders and has issued the Notices of Violation listed below. Documents for these enforcement matters can be made available for inspection or copying by contacting ADEQ's Legal Division, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317. There may be a charge to cover photocopying costs for some documents. Copies of enforcement documents, including those referenced in this notice, also are available for viewing on the ADEQ website at http://www.adeq.state.ar.us/legal/cao_info.asp. Further, ADEQ is accepting written comments from the public regarding these matters. Such comments must be sent to ADEQ, Legal Division, at the above address within 30 days after publication of this Notice. If a comment on any proposed Consent Administrative Order is received by ADEQ within this time period, in accordance with Act 163 of 1993, the person submitting the comment may request the Arkansas Pollution Control and Ecology Commission to set aside the order in the matter by filing a petition with the Commission Secretary. If a comment on any Notice of Violation is received by ADEQ within this time period, the person submitting the comment will be given notice of any hearings held on the matter and shall have the right to intervene in any hearing in the matter by filing a petition for intervention with the Commission Secretary. Any such petition must be filed in accordance with applicable regulations and sent to the Commission Secretary, 101 East Capitol, Suite 205, Little Rock, Arkansas 72201.
CONSENT ADMINISTRATIVE ORDERS
Wright’s Cabinets, Inc., Pulaski County, Office of Air Quality, $1,800.00 Penalty, LIS No. 17-032
Exide Technologies d/b/a GNB Industrial Power, Sebastian County, Office of Air Quality, $1,600.00 Penalty, LIS No. 17-033
Get Rid of It Arkansas, Inc. and Get Rid of It America Corp., Union County, Office of Land Resources, $3,750.00 Penalty, LIS No. 17-036
Carter Off Road Park, LLC and Mark Carter, Pulaski County and Saline County, Office of Water Quality, No Penalty, LIS No. 17-038
SECOND AMENDED CONSENT ADMINISTRATIVE ORDER
Capstone Oilfield Disposal of Arkansas, LLC Hartman Disposal Facility SWD #1, Johnson County, Office of Land Resources, No Penalty, LIS No. 11-144-002
AMENDMENT NO. 001 TO CONSENT ADMINISTRATIVE ORDER
Martin Operating Partnership, L.P., Union County, Office of Water Quality, $23,400.00 Penalty, LIS No. 13-125-001
NOTICE OF VIOLATION
Crochet Equipment Company, Inc., Columbia County, Office of Air Quality, $7,350.00 Penalty, LIS No. 17-034
ELECTIVE SITE CLEAN-UP AGREEMENTS
University of Arkansas, Washington County, Office of Land Resources, No Penalty, LIS No. 17-035
Anthony Forest Products Company, LLC, Union County, Office of Land Resources, No Penalty, LIS No. 17-037
DEFAULT ADMINISTRATIVE ORDER
Bobby Briggs, Faulkner County, Office of Air Quality, $12,000.00 Penalty, LIS No. 16-059
Dated this 25th day of May 2017
Becky W. Keogh, Director
Arkansas Department of Environmental Quality
74150023f

May 25, 2017

NOTICE OF TEMPORARY VARIANCE
El Dorado Chemical Co.
Permit 0573-AOP-R19
AFIN: 70-00040
Notice is hereby given under Ark. Code Ann. sec. 8-4-230(e)(1) that the Director of the Arkansas Department of Environmental Quality (ADEQ), 5301 Northshore Drive, North Little Rock, AR 72118-5317, has granted El Dorado Chemical Company’s (EDCC) request for a temporary variance from Permit 0573-AOP-R19 to collect sufficient data to determine what NH3 limit must be established to enable EDCC to meet their long term BACT limit for NOx for DM Weatherly Nitric Acid Plant #2 at its chemical manufacturing facility in El Dorado, Arkansas. The activities associated with the temporary variance will take place at the following site address:
DM Weatherly Nitric Acid Plant #2
4500 North West Ave.
El Dorado, AR 71730
Union County
AFIN: 70-00040
This temporary variance is limited to a period of ninety (90) days. This decision is subject to and contingent upon the right of the public to object to the Director’s decision. Any member of the public may object to the Director’s decision or request a public hearing within ten (10) business days of the date of this notice. Objections or requests for a public hearing will be accepted if submitted no later than 4:30 p.m. Central Time on the last day of the comment period. Written objections or a request for a public hearing should be sent to: Arkansas Department of Environmental Quality, ATTN: Office of Air Quality, 5301 Northshore Drive, North Little Rock, AR 72118-5317.
After consideration of any timely written objections, the Director may revoke or modify the conditions of this temporary variance within thirty (30) calendar days of the date of this decision for compelling reasons or good cause shown. The Director’s revocation or modification of her prior decision becomes a final decision and will be sent to the applicant and those persons who submitted timely objections. If the Director’s initial decision is not revoked or modified within thirty (30) calendar days of the date of the decision, the decision is deemed final for purposes of appeal.
Documents concerning this matter are available for viewing/copying at ADEQ’s offices, 5301 Northshore Drive, North Little Rock, AR 72118 between the hours of 8:00 a.m. and 4:30 p.m.
Dated May 23, 2017
Becky W. Keogh, Director
Arkansas Department of Environmental Quality
74149183f

May 24, 2017

Public Notice
Pursuant to the Arkansas Operating Air Permit Program (Regulation #26) Section 602, the Office of Air Quality of the Arkansas Department of Environmental Quality gives the following notice:
Anthony Timberlands, Inc. (30-00084) operates a facility located at 930 Cabe Street, Malvern, AR 72104. This permit adds an air curtain destructor, SN-24 and adds a Plantwide limit of 245.4 tpy of CO. The new air curtain destructor is subject to 40 C.F.R. sec. 60, Subpart CCCC, Standards of Performance for Commercial and Industrial Solid Waste Incineration Unit. Permitted emissions increased 7.8 tpy of HAPs, 13.8 tpy of NOx, 11.3 tpy of VOC, 1.2 tpy of SO2, 2.2 tpy of particulate, and 0.1 tpy of lead.
The application has been reviewed by the staff of the Department and has received the Department’s tentative approval subject to the terms of this notice.
Citizens wishing to examine the permit application and staff findings and recommendations may do so by contacting ADEQ Air Permits Branch. Citizens desiring technical information concerning the application or permit should contact, Shawn Hutchings, Engineer. Both ADEQ Air Permits Branch and Shawn Hutchings can be reached at the Department’s central office, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317, telephone: (501) 682-0730.
The draft permit and permit application are available for copying at the above address. This information may be reviewed during normal business hours. The draft permit may also be found at http://www.adeq.state.ar.us/air/permits/draft_noi.aspx.
Comments will be accepted in accordance with Section 8.208 of Regulation #8. During the public comment period, any person may submit written comments to the Department at the above address Attention: ADEQ Air Permits Branch or to airpermits@adeq.state.ar.us by email. Any interested person may request a public hearing on the draft permitting decision during the public comment period. The public comment period shall begin on the day this notice is published and shall expire at 4:30 p.m. Central Time on the thirtieth (30th) calendar day after publication of this notice.
The Director shall make a final decision to issue or deny this application or to impose special conditions in accordance with Section 8.211 of the Arkansas Pollution Control and Ecology Commission’s Administrative Procedures (Regulation #8) and Regulation #26.
Dated this 24th day of May, 2017.
Becky W. Keogh
Director
74147455f

May 24, 2017

Public Notice
Pursuant to the Arkansas Operating Air Permit Program (Regulation #26) Section 602, the Office of Air Quality of the Arkansas Department of Environmental Quality gives the following notice:
J P Energy ATT, LLC - North Little Rock Terminal (60-00440) operates a facility located at 2207 Central Airport Road, North Little Rock, AR 72117. This facility has submitted an application to add fugitive equipment (pumps, valves, flanges, etc.) to facilitate the rail car loading of transmix. The physical change involves additional piping from manifold to the rail spur and adding vapor return lines to the vapor recovery system. This permit modification results in an increase of 0.1 tpy of VOC at SN-15. JP Energy intends to load the transmix using the existing facility wide throughput limit of 795,000,000 gallons of RVP 13.5 gasoline or lower vapor pressure product; there will be no increase in throughput limits.
The application has been reviewed by the staff of the Department and has received the Department’s tentative approval subject to the terms of this notice.
Citizens wishing to examine the permit application and staff findings and recommendations may do so by contacting ADEQ Air Permits Branch. Citizens desiring technical information concerning the application or permit should contact, Elliott Marshall, Engineer. Both ADEQ Air Permits Branch and Elliott Marshall can be reached at the Department’s central office, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317, telephone: (501) 682-0730.
The draft permit and permit application are available for copying at the above address. This information may be reviewed during normal business hours. The draft permit may also be found at http://www.adeq.state.ar.us/air/permits/draft_noi.aspx.
Comments will be accepted in accordance with Section 8.208 of Regulation #8. During the public comment period, any person may submit written comments to the Department at the above address Attention: ADEQ Air Permits Branch or to airpermits@adeq.state.ar.us by email. Any interested person may request a public hearing on the draft permitting decision during the public comment period. The public comment period shall begin on the day this notice is published and shall expire at 4:30 p.m. Central Time on the thirtieth (30th) calendar day after publication of this notice.
The Director shall make a final decision to issue or deny this application or to impose special conditions in accordance with Section 8.211 of the Arkansas Pollution Control and Ecology Commission’s Administrative Procedures (Regulation #8) and Regulation #26.
Dated this 24th day of May, 2017.
Becky W. Keogh
Director
74147624f

May 22, 2017

Notice of Application
For Renewal No-Discharge
Permit 4840-WR-4
Under the provisions of Act 163 of the 1993 Arkansas Legislature, this is to give notice that the Arkansas Department of Environmental Quality (ADEQ) Office of Water Quality has received an application for renewal on May 1, 2017, for a no-discharge permit, Permit No. 4840-WR-4, for land application of industrial waste. The permit application was submitted from the following applicant:
Terra Renewal Services, Inc.
P.O. Box 399
Dardanelle, AR 72834
The facility under consideration is located as follows: Section 29 Township 15 North Range 28 West, near the city of Durham in Washington County, Arkansas. Interested persons desiring to request a public hearing on the application may do so in writing. All requests should be received by ADEQ within 10 days of the date of this notice and should be submitted to:
Colby Ungerank
Arkansas Department of Environmental Quality
5301 Northshore Drive
North Little Rock, AR 72118-5317
Telephone: (501) 682-0047
74146747 May 22, 2017

May 21, 2017

Public Notice
Pursuant to the Arkansas Operating Air Permit Program (Regulation #26) Section 602, the Office of Air Quality of the Arkansas Department of Environmental Quality gives the following notice:
Nucor Corporation (Nucor Steel, Arkansas) (47-00233) operates a facility located at 7301 East County Road 142, Blytheville, AR 72315. This permit is a minor modification to add usage of a chemical passivation at the galvanizing line, SN-130 and a modification to update emissions for the source SN-128. Permitted emissions are increasing 0.2 tpy of VOC, 0.5 tpy of HCl, and 0.1 tpy of other HAPs.
The application has been reviewed by the staff of the Department and has received the Department’s tentative approval subject to the terms of this notice.
Citizens wishing to examine the permit application and staff findings and recommendations may do so by contacting ADEQ Air Permits Branch. Citizens desiring technical information concerning the application or permit should contact, Shawn Hutchings, Engineer. Both ADEQ Air Permits Branch and Shawn Hutchings can be reached at the Department’s central office, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317, telephone: (501) 682-0730.
The draft permit and permit application are available for copying at the above address. This information may be reviewed during normal business hours. The draft permit may also be found at http://www.adeq.state.ar.us/air/permits/draft_noi.aspx.
Comments will be accepted in accordance with Section 8.208 of Regulation #8. During the public comment period, any person may submit written comments to the Department at the above address Attention: ADEQ Air Permits Branch or to airpermits@adeq.state.ar.us by email. Any interested person may request a public hearing on the draft permitting decision during the public comment period. The public comment period shall begin on the day this notice is published and shall expire at 4:30 p.m. Central Time on the thirtieth (30th) calendar day after publication of this notice.
The Director shall make a final decision to issue or deny this application or to impose special conditions in accordance with Section 8.211 of the Arkansas Pollution Control and Ecology Commission’s Administrative Procedures (Regulation #8) and Regulation #26.
Dated this 21st day of May, 2017
Becky W. Keogh
Director
74144555f

May 21, 2017

Notice of Application
For Renewal No-Discharge Permit 4040-WR-2
Under the provisions of Act 163 of the 1993 Arkansas Legislature, this is to give notice that the Arkansas Department of Environmental Quality (ADEQ) Office of Water Quality has received an application for renewal on 5/11/2017, for a no-discharge permit, Permit No. 4040-WR-2, for land application of industrial wastewater. The permit application was submitted from the following applicant:
Lyles Co., LLC
P.O. Box 17433
Little Rock, AR 72222
The facility under consideration is located as follows: Section 26 Township 2S Range 11W, near the community of Woodson in Pulaski County, Arkansas. Interested persons desiring to request a public hearing on the application may do so in writing. All requests should be received by ADEQ within 10 days of the date of this notice and should be submitted to:
Sarah Cousins
Arkansas Department of
Environmental Quality
5301 Northshore Drive
North Little Rock, AR
72118-5317
Telephone: (501) 682-0627
74145814f

May 21, 2017

Notice of Application
For Renewal No-Discharge Permit 4584-WR-4
Under the provisions of Act 163 of the 1993 Arkansas Legislature, this is to give notice that the Arkansas Department of Environmental Quality (ADEQ) Office of Water Quality has received an application for renewal on 4/28/2017, for a no-discharge permit, Permit No. 4584-WR-4, for land application of industrial wastewater. The permit application was submitted from the following applicant:
3M Company
P. O. Box 165860
Little Rock, AR 72216-5860
The facility under consideration is located as follows: Section 24 Township 1 North Range 12 West, near the city of Little Rock in Pulaski County, Arkansas. Interested persons desiring to request a public hearing on the application may do so in writing. All requests should be received by ADEQ within 10 days of the date of this notice and should be submitted to:
Colby Ungerank
Arkansas Department of Environmental Quality
5301 Northshore Drive
North Little Rock, AR
72118-5317
Telephone: (501) 682-0047
74145834f

May 21, 2017

Public Notice
Pursuant to the Arkansas Operating Air Permit Program (Regulation #26) Section 602, the Office of Air Quality of the Arkansas Department of Environmental Quality gives the following notice:
White Rock Oil & Gas, LLC - MSPU Central Production Facility (14-00004) operates a facility located at 900 Columbia Road #25, Magnolia, AR 71753. This facility has submitted an application to renew the facility’s Title V air operating permit and remove an out-of-service tank. Due to an update in emission calculations, the facility’s annual permitted emissions are increasing by 0.1 tons per year (tpy) of carbon monoxide, and 1.01 tpy of hydrogen sulfide with this renewal. The facility’s annual permitted emissions are decreasing by 0.01 tpy of benzene and 0.17 tpy of 3-methylpentane with this renewal. Hazardous Air Pollutants (HAPs) have been grouped with this renewal and are set to 3.86 tpy.
The application has been reviewed by the staff of the Department and has received the Department’s tentative approval subject to the terms of this notice.
Citizens wishing to examine the permit application and staff findings and recommendations may do so by contacting ADEQ Air Permits Branch. Citizens desiring technical information concerning the application or permit should contact, Kyle Crane, Engineer. Both ADEQ Air Permits Branch and Kyle Crane can be reached at the Department’s central office, 5301 Northshore Drive, North Little Rock, Arkansas 72118-5317, telephone: (501) 682-0730.
The draft permit and permit application are available for copying at the above address. This information may be reviewed during normal business hours. The draft permit may also be found at http://www.adeq.state.ar.us/air/permits/draft_noi.aspx.
Comments will be accepted in accordance with Section 8.208 of Regulation #8. During the public comment period, any person may submit written comments to the Department at the above address Attention: ADEQ Air Permits Branch or to airpermits@adeq.state.ar.us by email. Any interested person may request a public hearing on the draft permitting decision during the public comment period. The public comment period shall begin on the day this notice is published and shall expire at 4:30 p.m. Central Time on the thirtieth (30th) calendar day after publication of this notice.
The Director shall make a final decision to issue or deny this application or to impose special conditions in accordance with Section 8.211 of the Arkansas Pollution Control and Ecology Commission’s Administrative Procedures (Regulation #8) and Regulation #26.
Dated this 21st day of May, 2017
Becky W. Keogh
Director
74146132f

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