On September 25, 2024, an incident at the Facility resulted in an accidental release. EPA sent an informal questionnaire to the respondent on April 17, 2025. Respondent provided documentation and information on June 9, 2025. Based on the response provided on June 9, 2025, EPA conducted an investigation of the Facility to determine Respondent’s compliance with Section 112(r) of the CAA and 40 C.F.R. Part 68 (the “Investigation”).
Calcium hypochlorite is stored in high-density polyethylene containers at the Facility, which are in turn stored in large steel cargo containers. One or more calcium hypochlorite containers, which were staged outside for transportation, were damaged by hail and exposed to rain early in the morning on September 25, 2024, resulting in a reaction and the release of chlorine compounds.
In its response to the EPA on June 9, 2025, Respondent confirmed that, after the Incident, it changed its staging process and parking requirements. Respondent no longer stages calcium hypochlorite containers outside for customer shipments and no longer allows trucks to be parked overnight in the unloading dock area.
Calcium hypochlorite is a substance due to its ability, when exposed to heat or moisture, to decompose into chlorine compounds, and can be defined as an extremely hazardous substance for the purposes of Section 112(r)(1) of the CAA. From the time Respondent first produced, processed, handled, or stored calcium hypochlorite at the Facility, Respondent was subject to the requirements of the General Duty Clause in Section 112(r)(1) of the CAA.
Based upon the information gathered during the Investigation, EPA determined that Respondent violated certain provisions of the CAA.
ALLEGED VIOLATIONS
General Duty Clause
The statute at Section 112(r)(l) of the CAA, 42 U.S.C. § 7412(r)(l), Prevention of Accidental Releases, Purpose and General Duty, requires the owner or operators of stationarysources producing, processing, handling or storing such substances [i.e., a chemical in 40 C.F.R. § 68 or any other extremely hazardous substance] have a general duty (in the same manner and to the same extent as the general duty clause in the Occupational Safety and Health Act (OSHA)] to identify hazards which may result from (such} releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur.
EPA alleges that Respondent failed to design and maintain a safe facility. In response to the informal questionnaire received by EPA on June 9, 2025, and in EPA’s communications with Respondent regarding the Incident, Respondent informed EPA that the Incident may have occurred as a result of containers of granular calcium hypochlorite being compromised by hail and subjected to moisture from rain. Additionally, a truck parked adjacent to the staged calcium hypochlorite caught fire, which may have been related to the containers of calcium hypochlorite being compromised.
According to the XXXXXXXXX Companies’ Hazardous Materials Transportation & Storage Procedure (Revision June 3, 2024, pg. 8 of 16):
STORAGE BEST PRACTICES FOR OXIDIZING AND CORROSIVE PRODUCTS
11.1 Product should be stored off the floor (on pallets) and away from any water sources.
11.2. Keep product in a dry cool environment and out of direct sunlight and under 90 degrees.
EPA alleges that Respondent failed to store hazardous substances indoors and away from water sources by staging the calcium hypochlorite containers outside for transportation.
EPA alleges that the Respondent’s failure to maintain a safe facility by staging an extremely hazardous substance outdoors and not away from water sources is a violation of Section 112(r)(l) of the CAA.
Upon consideration of the entire record herein, including the Findings of Fact and Conclusions of law, which are hereby adopted and made a part hereof, and upon consideration of the size of the business, the economic impact of the penalty on the business, Respondent’s full compliance history and good faith efforts to comply, the duration of the violation, payment by the violator of any penalties previously assessed for the same violation, the economic benefit of noncompliance, the seriousness of the violation, and other factors as justice may require, EPA has assessed a civil penalty in the amount of $37,240.00 (the “EPA Penalty”).