EPA v. MAIN POOL AND CHEMICAL COMPANY, INC.

Case summary

The Regional Judicial Officer issued a Final Order on September 17, 2019, accepting EPA?s Consent Agreement with Main Pool and Chemical, Inc., a water and wastewater chemical distributor in Dupont, Pennsylvania, to commence and settle violations of CAA Section 112(r)(1) and (7) and EPCRA Sections 311 and 312. EPA alleges that Main Pool violated the obligation under CAA 112(r)(1) to ensure that the storage of flammable chemicals at the facility was conducted safely and to prevent the accidental release of hazardous chemical by not separating incompatible materials, by not storing flammable chemicals in a fire-protected area and by storing flammable chemicals in containers inappropriate for the storage location. EPA also determined that Main Pool and violated Section 112(r)(7) and 40 CFR Part 68 by submitting its risk management plan late, and misclassifying the facility. Further, Main Pool had not complied with the Part 68 rules for Program 2 facilities: it had not (1) compiled safety information related to the hazards of storing chlorine, (2) conducted a hazard review of its chlorine storage process, (3) stored its 150-pound chlorine cylinders and one-ton chlorine cylinders consistent with protections required by industry codes and standards, (4) prepared written operating procedures of its chlorine storage, (5) provided initial and refresher training to its chlorine operators, (6) maintained, inspected and tested its chlorine process equipment, or (7) conducted a compliance audit, in violation of 40 CFR Part 68,Subpart C. On December 15, 2016, EPA issued an Administrative Settlement Agreement and Order on Consent, EPA Docket No. CAA-03-2017-0069DA (?Order?) pursuant to CAA Section 113(a), directing Respondent to address the chlorine storage deficiencies and other violations. By August 1, 2019, Respondent completed the work under the Order, and had delisted the facility from the risk management program. EPA also determined that Respondent failed to submit safety data sheets or annual chemical inventory reports to the state and county entities to inform them of the chemicals at the facility during calendar years 2014 through 2016, in violation of EPCRA Section 311 and 312. Respondent submitted completed chemical inventory reports on February 19, 2018. In settlement, Respondent has agreed to pay a cash penalty of $172,082, consisting of $92,762 for CAA violations and $78,320 for EPCRA violations. Pennsylvania is not delegated enforcement of CAA 112(r) or the EPCRA, but the Commonwealth has been notified of this enforcement action.

Defendants (1)

• MAIN POOL AND CHEMICAL COMPANY, INC.Named in complaintNamed 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, 18641

  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, 18640

  Registry ID: 110056548151

Statutes cited

• CAA 112[R][1] — Prevention of Accidental Release/General Duty Clause
• CAA 112[R][7] — Prevention of Accidental Release/Risk Management Plans (RMPs)
• EPCRA 312 — Emergency and Hazardous Chemical Inventory Forms
• EPCRA 311 — Material Safety Data Sheets (MSDS)

Enforcement conclusions (1)

• MAIN POOL AND CHEMICAL COMPANY, INC.entered 2019-09-17

  Primary law: EPCRA

  Federal penalty: $172,082

Timeline (4 milestones)

• 2019-09-17Complaint Filed/Proposed Order
• 2019-09-17Final Order Issued
• 2019-09-18Enforcement Action Data Entered
• 2019-10-09Enforcement Action Closed