EPA v. LSB INDUSTRIES/ El Dorado Chemical (National Case)(Lead)

Case summary

On May 28, 2014, a consent decree was entered between the United States of America, on behalf of the United States Environmental Protection Agency (EPA), the State of Alabama, on behalf of the Alabama Department of Environmental Management (ADEM?, the Oklahoma Department of Environmental Quality (ODEQ)and the Cherokee Nitrogen Company, El Dorado Chemical Company, and Pryor Chemical Company. The companies have agreed to reduce harmful emissions of nitrogen oxides (NOx) emissions by more than 800 tons per year. The companies will also pay a total penalty of $725,000 to resolve alleged violations of the Clean Air Act and applicable Oklahoma state law. In addition to paying the penalty, the companies must continuously monitor emissions and make any necessary operational improvements such as installing new pollution controls or upgrading current controls to meet the new NOx limits. The consent also requires completion of an environmental mitigation project. The companies have to spend $150,000 to remediate and reforest ten acres of land with acidified soils located near El Dorado, AR. NOx emissions, such as those from nitric acid plants, can contribute to soil acidification. The project will help to minimize erosion, reduce stormwater runoff, improve habitat for wildlife and capture carbon dioxide, a greenhouse gas.

Defendants (2)

• Pryor Chemical CompanyNamed in complaintNamed in settlement
• El Dorado Chemical CompanyNamed in complaintNamed in settlement

Facilities (4)

• LSB CHEMICAL LLC

  4500 NORTH WEST AVENUE, EL DORADO, AR, 71730

  Registry ID: 110000746373

• LSB CHEMICAL LLC / PRYOR CHEMICAL

  4463 HUNT ST, PRYOR, OK, 74362

  Registry ID: 110000598531

• BAYTOWN NITRIC ACID PLANT

  8490 W BAY RD, BAYTOWN, TX, 77523

  Registry ID: 110000503937

• LSB CHEMICAL LLC

  4500 NORTH WEST AVENUE, EL DORADO, AR, 71730

  Registry ID: 110000746373

Statutes cited

• CAA 111 — New Source Performance Standards
• CAA 110 — Implementation Plan for National Primary and Secondary Ambient Air Quality Standards
• CAA 502 — Operating Permits (Title V)
• CAA 165 — Prevention of Significant Deterioration (PSD)

Enforcement conclusions (1)

• LSB Industries (National Case)( Lead)entered 2014-05-28

  Primary law: CAA

  Federal penalty: $271,875 · State/local: $206,250

Timeline (9 milestones)

• 2011-06-01Referred To Dept Of Justice
• 2011-06-13Enforcement Action Data Entered
• 2013-03-27Supplemental Referral-Adding parties, counts
• 2014-03-18Complaint Filed With Court
• 2014-03-18Final Order Lodged
• 2014-05-28Final Order Entered
• 2020-08-27Demand for Stipulated Penalties
• 2020-09-16Air Resolved
• 2020-10-29Enforcement Action Closed