EPA v. MAIN POOL AND CHEMICAL COMPANY, INC

Case summary

On December 15, 2016, pursuant to Section 113(a)(3)(B) of the Clean Air Act ( CAA ), EPA Region III issued an Administrative Settlement Agreement and Order on Consent ( Order ) to Main Pool and Chemical, Inc., the owner and operator of a water and wastewater chemical repackaging and distribution facility located in Dupont, Pennsylvania. EPA conducted an inspection of the facility to assess compliance with Section 112(r)(1) and (7) of the CAA on July 23, 2015. EPA determined that Main Pool and Chemical violated the General Duty Clause's obligation to ensure that the storage of flammable chemicals at the facility was conducted safely, to prevent to accidental release of hazardous chemicals, by not separating incompatible materials, by not storing flammable chemicals in a fire-protected area and by storing flammable chemicals in containers inappropriate for their storage location. EPA also determined that Main Pool and Chemical had violated Section 112(r)(7) and the Chemical Accident Prevention Provisions by submitting its risk management plan late, and had misclassified the facility. Further, Main Pool and Chemical had not compiled safety information related to the hazards of storing chlorine, conducted a hazard review of its chlorine storage process, stored its 150-pound chlorine cylinders and one-ton chlorine cylinders in accordance with the safety provided by industry-specific design codes and standards, prepared written operating procedures for its chlorine storage, provided initial and refresher training to its chlorine operators, maintained its chlorine process equipment, trained its employees, or inspected and tested its process equipment, or conducted a compliance audit, in violation of 40 C.F.R. Part 68, Subpart C. With this Order, Main Pool and Chemical agreed to ensure the flammable chemicals were stored safely, and to comply with Chemical Accident Prevention Provisions. Issuance of this Order will improve public health and safety by decreasing the risk of releases of toxic and flammable hazardous chemicals.

Defendants (1)

• MAIN POOL AND CHEMICAL COMPANY, INCNamed in settlement

Facilities (4)

• MAIN POOL AND CHEMICAL COMPANY, INC

  110 COMMERCE ROAD, DUPONT, PA, 18640

  Registry ID: 110056548151

• MAIN POOL AND CHEMICAL COMPANY, INC

  110 COMMERCE ROAD, DUPONT, PA, 18640

  Registry ID: 110056548151

• MAIN POOL AND CHEMICAL COMPANY INC

  110 COMMERCE ROAD, DUPONT, PA, 18641

  Registry ID: 110056548151

• MAIN POOL AND CHEMICAL COMPANY INC

  110 COMMERCE ROAD, DUPONT, PA, 18641

  Registry ID: 110056548151

Statutes cited

• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause

Enforcement conclusions (1)

• MAIN POOL AND CHEMICAL COMPANY, INCentered 2016-12-15

  Primary law: CAA

Timeline (2 milestones)

• 2016-12-15Final Order Issued
• 2017-01-10Enforcement Action Data Entered