112(r)(7)/Air Enforcement: U.S. Environmental Protection Agency and Cactus, Texas Beef Processing Facility Enter into Expedited Settlement Agreement
May 29, 2025
By:
Walter G. Wright
Category:
Arkansas Environmental, Energy, and Water Law
Arkansas Environmental, Energy, and Water Law
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The United States Environmental Protection Agency (“EPA”) and Cactus Beef Processing Facility (“Cactus”) entered into a May 15th Expedited Settlement Agreement (“ESA”) addressing an alleged violation of Section 112(r(7) of the Clean Air Act. See Docket No. CAA 06-2025-3346.
The ESA addresses a beef processing facility located in Cactus, Texas.
The EPA Risk Management Program (“RMP”) Reporting Center is stated to have sent a letter to Cactus, notifying Cactus of its failure to update the Risk Management Plan on file with EPA for its Cactus, Texas facility. The ESA notes that facilities subject to the RMP regulations at 40 C.F.R. Part 68 are required to submit an updated Risk Management Plan at least once every five years.
The EPA review is stated to have indicated that the update for the facility was not submitted by the required due date of February 13, 2022. Therefore, this is alleged to violate the RMP regulation and Section 112(r)(7) of the Clean Air Act.
Cactus neither admits nor denies the factual allegations contained in the ESA.
A civil penalty of $2,000.00 is assessed.
A copy of the ESA can be downloaded here.
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