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 address alleged violations of the Clean Air Act at its facility in Verona, Missouri.

The EPA stated that BCP Ingredients Inc. released ethylene oxide (EtO), a toxic and flammable substance, and did not comply with regulations designed to protect workers, the community, and the environment from chemical releases. The company produces choline chloride, an animal feed additive that requires EtO in its manufacturing process and also repackages EtO 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 increased exposure to pollutants from several sources," said David Cozad, EPA Region 7 Enforcement and Compliance Division Director. "This settlement represents EPA and the Biden-Harris administration’s commitment to protecting all communities, especially those overburdened by environmental harm."

As part of the settlement terms:

- BCP will pay a $300,000 civil penalty.

- The company will invest in a state-of-the-art scrubber system expected to eliminate up to 16,550 pounds of additional EtO emissions during its lifespan.

- An amount of $350,000 will be spent on projects benefiting the surrounding community. This includes providing emergency equipment for the Verona Fire Department, two vehicles for mobile health clinics, and localized medical services through Cox Health Foundation for nearby areas such as Verona, Aurora, Monett, Barry County, and Lawrence County.

Ethylene oxide is recognized as a hazardous air pollutant associated with potential health risks from both acute and long-term exposure.

The EPA conducted an inspection in June 2022 following an EtO release at BCP's facility in April 2022. It was determined that BCP failed to develop operating procedures or conduct hazard analyses necessary for preventing or responding to accidental releases of EtO. Additionally:

- Malfunctioning EtO alarms were not fixed promptly.

- Required audits of compliance with the Clean Air Act were not conducted.

- Coordination with emergency responders was not performed annually.

- Written safety information for ventilation systems was absent.

- The Risk Management Plan had not been updated every five years.

BCP agreed to enter into a compliance order with EPA in September 2022 addressing these violations. According to EPA reports, BCP has met all requirements outlined in this order.

The consent decree lodged in the U.S. District Court for the Western District of Missouri is subject to a public comment period lasting 30 days before final court approval.

Under Clean Air Act regulations related to Risk Management Plans, facilities using regulated toxic or flammable substances must create plans detailing potential accident effects along with prevention steps and emergency response procedures.

Reducing risks from accidental releases at industrial facilities remains a top priority for EPA as part of their National Enforcement and Compliance Initiatives set forth for 2024.