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The United States Environmental Protection Agency (“EPA”) and El Dorado Chemical Company (“EDCC”) entered into a July 22nd Expedited Settlement Agreement (“ESA”) addressing an alleged violation of the Clean Air Act. See Docket No. CAA 06-2022-3344.

The ESA addresses an EDCC chemical manufacturing facility in El Dorado, Arkansas.

The EPA Risk Management Program Reporting Center is stated to have sent a letter to EDCC on August 6, 2021, notifying it of a failure to update the Risk Management Plan on file with EPA for its facility located in El Dorado, Arkansas. Such facilities are stated to be subject to the Risk Management Program (“RMP”) regulations at 40 C.F.R. Part 68. They are required to submit an updated RMP at least once every five years.

The ESA states that EPA’s review indicates that the update for the facility was not submitted by the required due date of July 13, 2021. Therefore, the ESA provides that EDCC violated the RMP regulations in Section 112(r)(7) of the Clean Air Act.

EDCC is stated to be working with a consultant to update the RMP to be submitted by July 15th.

A civil penalty of $2,000 is assessed.

A copy of the ESA can be downloaded here.