Although anhydrous ammonia is an effective refrigerant, it is also a toxic chemical that can injure or kill people when accidentally released. The death of a worker at a Seafood plant in South Boston in 2016 is the most tragic example recently here in New England. In 2018, the U.S. Environmental Protection Agency (EPA) launched a pilot initiative to improve compliance with the General Duty Clause (GDC) of Section 112(r) of the Clean Air Act at New England facilities with small ammonia refrigeration systems. Section 112(r) of the Clean Air Act aims to prevent accidental releases of substances that can cause serious harm to the public and the environment. Larger ammonia refrigeration facilities are subject to the Risk Management regulations issued by EPA, but facilities that use fewer than 10,000 pounds of anhydrous ammonia are subject to the three (3) duties of the GDC instead. Region 1 estimates that approximately 80% of the ammonia refrigeration facilities in New England have fewer than 10,000 pounds of ammonia and so are subject to the GDC instead of the RMP regulations. Facilities that fail to comply with the requirements put facility personnel, employees of adjacent businesses, emergency responders, and the local population and environment at risk of harm from such releases.
So far, EPA has also issued information request letters to 50 companies and entered into Expedited Settlement Agreements (ESAs) with seven facilities that had not yet completed process hazard reviews. In the latest two rounds, an Ice company in East Providence, RI, soft drink manufacturer in East Hartford, CT, and a food processor in Chesterfield, NH each resolved a GDC violation with a significantly reduced penalty for completing a process hazard review with assistance from a third-party expert and meeting with emergency responders to plan for a potential release from the facility. As a result,