APRIL 6, 2015
PROVIDENCE, RI
According to documents filed on Monday in federal court in
Providence, Mann Distribution, LLC, of Warwick, also known as Mann Chemical,
LLC, is expected to plead guilty to a federal charge of violating the Clean Air
Act.
The company failed to develop and implement a risk
management plan to minimize the chance of release of hydrofluoric acid from its
Warwick facility, and to protect workers, the community, and emergency and
first responders in the event of a release or fire involving the chemical.
At sentencing, the court will be asked to impose a fine of
$200,000 and to order the company to serve a term of three years' probation for
failing to adhere to Environmental Protection Agency regulations, which require
a Risk Management Plan be developed, including a “worst case” response plan.
In addition to penalties, Mann Chemical will be required to
issue a public apology.
A Center for Disease Control and Prevention website defines
hydrogen fluoride as a chemical compound that contains fluorine. It can exist
as a colorless gas or as a fuming liquid, or it can be dissolved in water. When
hydrogen fluoride is dissolved in water, it may be called hydrofluoric acid.
Hydrofluoric acid is used mainly for industrial purposes, and may cause skin
burns, tissue damage and/or respiratory concerns.
EPA regulations require facilities storing more than 1,000
pounds of hydrofluoric acid to develop and implement a Risk Management Plan. An
EPA inspection in June 2009 determined that Mann Chemical failed to develop and
implement a plan while storing 92 drums of hydrofluoric acid in a concentration
of 70 percent. The inventory indicated that each drum weighed 500 pounds, for a
total of 46,000 pounds of hydrofluoric acid.
The guilty plea was announced by United States Attorney
Peter F. Neronha and the Environmental Protection Agency Criminal Investigation
Division Boston Area Office.
A sentencing hearing has not yet been scheduled. The matter
is being prosecuted by Assistant U.S. Attorney Terrence P. Donnelly and Special
Assistant United States Attorney Peter Kenyon of the Environmental Protection
Agency.