EPA v. PHARMCO PRODUCTS

Case summary

On March 8, 2011, Region I reached a $164,109 settlement with Pharmco Products, Inc. to resolve a complaint that was filed in December 2010 for Pharmco’s failure to comply with Clean Air Act Section 112(r) and EPCRA at its Brookfield, Connecticut chemical warehouse. Specifically, Pharmco failed to: (a) timely provide MSDSs or chemical lists to the proper authorities in violation of EPCRA Section 311; (b) timely provide Tier II forms to the proper authorities, in violation of EPCRA Section 312; (c) timely provide Toxic Release Inventory forms to EPA and the State of Connecticut for four chemicals in violation of EPCRA Section 313; and (d) submit a Risk Management Plan (RMP”) for intermittent storage of pentane in excess of the regulatory threshold, in violation of Section 112(r) of the Clean Air Act and implementing regulations.

Defendants (1)

• PHARMCO PRODUCTSNamed in complaintNamed in settlement

Facilities (1)

• PHARMCO PRODUCTS INC.

  58 VALE ROAD, BROOKFIELD, CT, 06804

  Registry ID: 110000317595

Statutes cited

• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)
• EPCRA 313 — Toxic Chemical Release Reporting (TRI)
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)

Enforcement conclusions (1)

• PHARMCO PRODUCTSentered 2011-03-08

  Primary law: CAA

  Federal penalty: $164,109

Timeline (4 milestones)

• 2010-12-21Enforcement Action Data Entered
• 2010-12-30Complaint Filed/Proposed Order
• 2011-03-08Final Order Issued
• 2011-04-08Enforcement Action Closed