Aerial Investigation: Arkansas Department of Energy and Environment – Division of Environmental Quality and Huntsville Electronic Assembly Manufacturing Facility enter into Consent Executive Order | Mitchell, Williams, Selig, Gates & Woodyard, PLLC



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The Arkansas Department of Energy and Environment – ​​Division of Environmental Quality (“DEQ”) and Ducommun Labarge Technologies, Inc. (“DLT”) filed a September 26 Consent Administrative Order (“CAO”) addressing alleged aviation regulatory violations. concluded. . See LIS No. 23-071.

The CAO provides that DLT owns and operates an electronic assembly manufacturing facility (the “Facility”) located in Huntsville, Arkansas.

DLT is said to have submitted its registration application on October 25, 2022. It states that a review of the application showed that DLT uses n-propyl bromide, an emerging hazardous air pollutant (“HAP”).

DEQ has requested additional information regarding the October 2022 registration application submission, it said. DLT is said to have provided the requested information.

DEQ officials are said to have determined that DLT should submit a minor source permit application rather than a registration application. DLT filed a minor source permit application on February 21st. Additionally, DLT submitted her HAP emissions spreadsheet.

It stated that a review of the minor source permit application and the provided HAP emissions spreadsheet showed that DLT exceeds the single HAP regulatory emission limit of 2 tons per year for the pollutant n-propyl bromide. ing. It is stated that such an excess would require a permit to operate the facility, which DLT did not have. Accordingly, the CAO alleges that DLT operated the facility without authorization.

It is stated that DLT has shown that it has discovered an alternative solvent that reduces HAP emissions. Such an alternative solvent will likely mean it is below the level of a minor source permit, and it is stated that they plan to introduce this into their processes by June 2023.

DEQ required HAP emissions records for alternative solvents where the sum of single HAP emissions is below the minor source permit level. DEQ states that he informed DLT that these records may lead him to determine that DLT does not require an air permit.

DLT does not admit or deny the factual and legal claims contained in the CAO.

DLT must implement either Option A or B for n-propyl bromide discharges in accordance with Arkansas Pollution Control and Ecology Commission Regulation 18.301.

Options include:

Option A: Until the permit is finalized, the defendant should operate in accordance with the application filed on February 21, 2023.


Option B: Within 60 calendar days after the effective date of this CAO, if Defendant withdraws its permit application filed on February 21, 2023 due to a determination that the total single HAP emissions are less than 2 tpy. , the defendant must submit HAP discharge records demonstrating compliance. Valid for 6 months pursuant to APC&EC Rule 18.301.

If you choose option B, you will need to submit your records to DEQ.

Within 15 calendar days after the effective date of the CAO, DLT must notify DEQ which options DLT selects for the orders and contracts in Section 1.

A civil penalty of $1,700 is assessed, which can be reduced to $880 if the document is signed and returned to DEQ by 4 p.m. on Oct. 11.

You can download a copy of the CAO here.

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