LENEXA, CAN. (December 3, 2024) – On December 2, 2024, the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Justice (DOJ) announced a settlement with BCP Ingredients Inc. to resolve alleged violations of the federal Clean Air Act at its facility in Verona, Missouri.

According to the EPA, the company had a release of ethylene oxide (EtO), a toxic and flammable substance, and failed to comply with regulations designed to protect workers and the surrounding community and environment from chemical releases.

BCP produces choline chloride, an animal feed additive that requires EtO in the manufacturing process. Additionally, EtO is being repackaged for other users.

“In addition to violating the Clean Air Act, BCP’s facility is located in a community that has environmental justice concerns and is subject to increased exposure to pollutants from various sources,” said David Cozad, director of the EPA Region 7 Enforcement and Compliance Division . “This agreement represents the EPA and the Biden-Harris Administration’s commitment to protecting all communities, especially those burdened by environmental damage.”

Pursuant to the settlement, the company agreed to:

• 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 to implement projects that benefit the surrounding community, including providing:
  • Emergency equipment for the Verona Fire Department.
  • Two vehicles will be used as mobile health clinics.
  • Localized medical services through Cox Health Foundation to communities in or near the facility, including the cities of Verona, Aurora and Monett and Barry and Lawrence counties in Missouri.

Ethylene oxide (EtO) is a dangerous air pollutant that has been linked to potential health risks with acute and long-term exposure, including increased risk of certain cancers.

EPA conducted an inspection in June 2022 following an EtO release at the facility in April 2022. The EPA found that BCP violated the Clean Air Act by:

• Failure to develop operational procedures and perform hazard analyzes to prevent and/or respond to accidental releases of EtO.
• Erroneous EtO alarms could not be resolved, resulting in the EtO release lasting over seven hours in April 2022.
• Failure to conduct required inspections of the facility’s compliance with the Clean Air Act and to correct deficiencies identified in previous inspections.
• Failure to complete annual coordination with emergency responders.
• There is no written safety information for the facility’s ventilation system.
• The facility’s risk management plan is not updated every five years.

BCP agreed to enter into a compliance order with EPA in September 2022 to address these alleged violations and return the facility to compliance. According to the EPA, BCP has met all requirements of the compliance regulation.

The Consent Decreefiled in the U.S. District Court for the Western District of Missouri, is subject to a 30-day public comment period and final court approval.