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The Mississippi Commission on Environmental Quality (“MCEQ”) and Ardagh Metal Packaging USA Corp. (“Ardagh”) entered into an April 12th Agreed Order (“AO”) addressing an alleged violation of an air permit. See Order No. 7244 23.

The AO provides that Ardagh operates a beverage manufacturing facility (“Facility”) in Olive Branch, Mississippi.

The Facility operates pursuant to a Title V Operating Permit (“Permit”). Condition 3.B.2 of the Permit provides that there is a 12-month period limit of 249 tons per year for volatile organic compounds for the entire Facility.

The Facility allegedly exceeded the volatile organic compound limit by 1% during the 12-month period ending March 2022 and by 1.4% during the 12-month period ending April 2022.

Ardagh asserted by letter dated July 11, 2022, that it returned to compliance with the volatile organic compound limit based on its June 2022 operating data. Further, the company is stated to have asserted that testing on April 27, 2022, resulted in an increased volatile organic compound capture efficiency.

The AO assesses a civil penalty of $22,500.

A copy of the AO can be downloaded here.