Mann Chemical LLC, Clean Air Act Violation, RI 2015

Providence, RI – Mann Chemical LLC, a Warwick-based chemical distributor, has been sentenced following a guilty plea to violating the Clean Air Act. The company failed to implement a mandatory Risk Management Plan (RMP) designed to prevent and prepare for potential releases of hazardous substances, putting workers, first responders, and the surrounding community at risk.

According to court documents, Mann Chemical stored approximately 46,000 pounds of hydrofluoric acid – a highly corrosive and dangerous chemical – at its facility without a compliant RMP. An EPA inspection in June 2009 revealed the company possessed 92 drums of 70% concentration hydrofluoric acid, each weighing 500 pounds, exceeding the 1,000-pound threshold requiring a comprehensive safety plan. The lack of a plan included a crucial “worst-case” scenario response, outlining procedures for a chemical release or fire.

The EPA’s Risk Management Program, established under the Clean Air Act, aims to safeguard communities from catastrophic chemical releases. Tyler Amon, Special Agent in Charge of EPA’s Criminal Program in Rhode Island, emphasized the sentence serves as a stark reminder of the importance of adhering to these regulations. “The sentence imposed by the court underscores the importance placed on protecting workers, emergency responders and communities,” Amon stated.

Hydrofluoric acid, as detailed by the Centers for Disease Control and Prevention (CDC), poses significant health risks. Exposure can cause severe skin burns, tissue damage, and respiratory problems. The absence of a robust RMP at Mann Chemical meant there was no formalized plan to mitigate these dangers in the event of an accident. The company’s negligence created a potentially life-threatening situation for those in close proximity to the facility.

U.S. District Court Judge Mary M. Lisi imposed a $200,000 federal fine on Mann Chemical LLC and ordered a three-year term of probation. In addition to the financial penalty, the company is required to issue a public apology for its failure to comply with EPA regulations. The case was a joint effort, investigated by the U.S. EPA Criminal Investigation Division with assistance from the EPA’s Region 1 Office of Environmental Stewardship, and prosecuted by Assistant U.S. Attorney Terrence P. Donnelly and Special Assistant U.S. Attorney Peter Kenyon.

Key Facts

Defendant: Mann Chemical LLC
Crime: Violation of the Clean Air Act
Location: Warwick, Rhode Island
Year: 2015
Statute Violated: 42 U.S.C. 7412(r)(7)
Hazardous Substance: Approximately 46,000 pounds of 70% concentration hydrofluoric acid
Penalty: $200,000 fine and 3 years of probation, plus a public apology
Failure: Failure to develop and implement a Risk Management Plan (RMP) as required by EPA regulations.

This case highlights the EPA’s continued commitment to enforcing environmental regulations and holding companies accountable for prioritizing safety and protecting public health. The investigation serves as a warning to other facilities handling hazardous materials: compliance with the Clean Air Act is not optional.

Source: EPA ECHO Enforcement Case Database

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