The U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) have announced a settlement with BCP Ingredients Inc. to resolve alleged violations of the federal Clean Air Act at the company’s Verona, Missouri facility.

The EPA reported that BCP Ingredients released ethylene oxide (EtO), a toxic and flammable substance, and failed to comply with regulations designed to protect workers, the community and the environment from chemical releases.

BCP Ingredients produces choline chloride, an animal feed additive that requires the use of EtO in its production process. The facility is also repackaging EtO for other users.

David Cozad, Director of Enforcement and Compliance for EPA Region 7, noted, “BCP’s facility not only violates the Clean Air Act, but is located in a community with heightened environmental justice concerns and concerns Exposure to pollutants from various sources. This agreement represents the EPA and the Biden-Harris Administration’s commitment to protecting all communities, especially those burdened by environmental degradation.”

As part of the terms of the settlement, BCP Ingredients agreed:

• Pay a civil penalty of $300,000.
• Invest in a state-of-the-art scrubber system that is estimated to remove up to 16,550 pounds of additional EtO air emissions over its service life.
• Spend $350,000 on community service projects including:
  • Emergency equipment for the Verona Fire Department.
  • Two vehicles will be used as mobile health clinics.
  • Localized medical services through Cox Health Foundation to benefit communities near the facility, including Verona, Aurora, Monett and Barry and Lawrence counties.

Ethylene oxide is classified as a hazardous air pollutant that is associated with potential acute and long-term health risks, including an increased risk of certain types of cancer.

The EPA inspected the facility in June 2022 following an EtO release in April 2022. The agency found that BCP Ingredients violated the Clean Air Act in multiple respects, including:

• Failure to develop operational procedures and perform hazard analyzes to prevent and respond to accidental EtO releases.
• Failed to fix faulty EtO alarms, causing the April 2022 release to last over seven hours.
• Failure to conduct required compliance audits and correct deficiencies identified in previous audits.
• Failure to complete annual coordination with emergency responders.
• Failure to maintain written safety information for the facility’s ventilation system.
• The risk management plan is not updated every five years.

In September 2022, BCP Ingredients entered into a compliance order with the EPA to address these violations. The authority confirmed that BCP met all the requirements set out in the compliance order.

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