February 2019	A fHA United States
!¦/#% Environmental Protection
I	Agency
Compliance Assurance and Enforcement Focus:
Improving Safety at Facilities in New England with
Smaller Ammonia Refrigeration Systems
Ammonia: An Efficient Refrigerant That Must Be Safely Managed
While anhydrous ammonia has many environmental and operational benefits, it is also an extremely
hazardous substance that, if accidentally released, presents a significant health hazard because it is
corrosive to the skin, eyes, and lungs. Ammonia is also flammable at certain concentrations in air.
EPA inspection photo reveals dangerous ice
buildup on ammonia piping and valves.
How Safe Is Your Refrigeration
System?
Accidental releases of ammonia from
refrigeration facilities have injured or
killed people. See https://www.epa.
gov/sites/production/files/2015-02/
documents/112renforcementalert.pdf
Some of the most dangerous facilities that EPA
inspected were not aware of the hazards that
their refrigeration systems posed to the public,
emergency responders, and employees.
Does Your Facility Use
Ammonia Refrigeration?
The Environmental Protection Agency (EPA)
would like to work with facilities that have
ammonia refrigeration systems to improve their
safety, protect workers and the public from
exposure to toxic gas, and avoid product losses.
Notice of Compliance Assurance
and Enforcement Initiative
EPA is providing advance notice of an upcoming
enforcement initiative so that you can take steps
now to avoid a penalty before the initiative begins.
The Initiative will focus on ammonia refrigeration
facilities using fewer than 10,000 pounds
of anhydrous ammonia to enhance their
compliance with the General Duty Clause of
Section 112(r) of the Clean Air Act ("CAA"),
42 U.S.C. §(r)(1), and with Section 312 of the
Emergency Planning and Community Right-to-
Know Act (EPCRA), 42 U.S.C. § 11022. Failure to
comply with these requirements puts the public
at risk of exposure to anhydrous ammonia.
Compliance Help
Go to https://www.epa.gov/enforcement/
compliance-assistance-tools-and-resources-
ammonia-refrigeration-sector for a list of
compliance resources, including guidance
documents and links to refrigeration-related
trade associations.	,. , ^
continued »

-------
How Can I Comply With The
General Duty Clause (GDC)?
The goal of Section 112(r) of the Clean Air Act, 42
U.S.C. § 7412(r), is to reduce the risk of chemical
accidents. Owners and operators of stationary
sources producing, processing, handling,
or storing extremely hazardous substances,
including anhydrous ammonia, must:
1.	identify hazards which may result from
accidental releases using appropriate hazard
assessment techniques;
2.	design and maintain a safe facility taking
steps to prevent releases; and
3.	minimize the consequences of accidental
releases that do occur.
For more information on the General Duty
Clause: https://www.epa.gov/sites/production/
files/documents/gendutyclause-rpt.pdf.
This Initiative focuses on the first duty listed
above. Conduct a comprehensive hazard
review of your refrigeration system to comply
with the duty to identify hazards. Appropriate
hazard identification techniques include
standard industry checklists and What-if
analyses. See above link for more information.
Trade associations may be able to help you
find experienced consultants and hazard
identification materials.
How will EPA's Initiative Work?
Information Request: EPA has begun preliminary
investigations into compliance with the General
Duty Clause by facilities that it believes has fewer
than 10,000 pounds of ammonia. The primary focus
of this Initiative is facilities with more than 1,000
pounds of ammonia. EPA will send brief, targeted
Information Requests to selected facilities that it
has reason to believe may be out of compliance.
Facilities will be required to respond to EPA
answering four questions about their ammonia
refrigeration systems, including whether a process
hazard review has been performed. If a facility has
not performed the required hazard review, EPA will
inform the facility that it has violated the first duty of
the General Duty Clause.
Settlement: Unless a significant release has
occurred at the facility, EPA will offer to resolve
this violation for a discounted penalty, provided
the company agrees to perform a hazard
review of its system with the help of an expert.
The company will also be required to meet with
emergency responders and submit any missing
Tier II forms.
Follow-up: EPA will inspect a small subset of
facilities to determine if the Initiative has improved
compliance with the General Duty Clause.
EPCRA Inventory Forms (Tier II forms) are due annually by March 1.
For more information about EPCRA reporting, go to: https://www.epa.gov/epcra.
How Can I Comply With EPCRA?
Section 312 of EPCRA requires facilities to report the presence of certain chemicals, including anhydrous
ammonia, to emergency planning and response agencies. The goal is to ensure that emergency
responders and planners know what chemicals are on site should they need to respond to an incident
and that people in the community can get information about chemicals in their neighborhood.
What Can I Do Now To Avoid a Penalty?
If you haven't already, conduct a process hazard review. Companies that respond to the
Information Request indicating that a hazard review has already been performed will not need to
take further action under this Initiative. To avoid EPCRA penalties, see if you qualify for penalty relief
under EPA's Audit Policy. Go to https://www.epa.goV/compliance/epas-audit-policy#_bookmark3
for more information and to https://www.epa.gov/compliance/epas-edisclosure for EPA's web-
based "e-Disclosure" portal.

-------