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After years of complaints about black dust near Continental Carbon’s Ponca City plant, Oklahoma environmental regulators have for the first time accused the company of violating a 2015 agreement to reduce pollution from the facility. 

Continental Carbon, a Houston-based company, manufactures carbon black, a fine, black powder used in tires, ink and plastic. The Oklahoma Department of Environmental Quality found 81 violations of Continental Carbon’s state permits and the agreement during a routine facility inspection in June. The violations included failing to report leaks and spills of carbon black, exceeding pollution limits, missing three years of equipment testing and failing to keep records and submit reports to the state. 

Continental Carbon declined to comment through its attorney, citing pending litigation. 

The U.S. Environmental Protection Agency sued Continental Carbon in 2015, accusing the company of violating the Clean Air Act, a federal law that set limits on pollutants and established air quality standards. In an agreement that was approved by a federal judge, the company agreed to permanently reduce pollution from Continental Carbon’s three carbon black facilities in Oklahoma, Texas and Alabama. As part of a court-approved agreement with regulators, the company was required to upgrade pollution equipment, adopt best management practices and pay hundreds of thousands of dollars in civil penalties. The company was also required to monitor emissions, conduct regular equipment testing, and provide records demonstrating compliance. 

“Today’s agreement is good news for residents living near Continental facilities, many of whom were overburdened by air pollution for far too long,” said a U.S. Justice Department prosecutor in 2015 after the court-approved settlement was announced. 

But the latest violations came after residents and local city officials had renewed concerns over black dust settling across parts of Ponca City. Earlier this year, the City Council and the Ponca Tribe of Indians called on state regulators to investigate the source of the black dust. 

The Department of Environmental Quality report on the new violations detailed two inspections earlier this year where state officials saw broken bags of carbon black on the ground and cited Continental Carbon for not reporting the spills. Throughout the report, the Department of Environmental Quality said it wasn’t able to fully determine compliance in some areas because of a lack of records. Regulators also noted that since 2022, several production units had exceeded emission limits for carbon monoxide, particulate matter and sulfur dioxide, among other substances. The federal government regulates these pollutants based on their harms to human health and the environment. 

The agency said it is working with the EPA to decide if any fines will be assessed for violating the federal agreement. The EPA and the U.S. Department of Justice will make the final decision on penalties, a Department of Environmental Quality spokesperson said. 

The Department of Environmental Quality said the company has until July 9 to respond by submitting a plan to bring the plant into compliance. If not, the facility can face up to $10,000 in fines per day per violation.