Respondent operates an ice rink facility with an ammonia refrigeration system. The System uses or used anhydrous ammonia, a chemical that is listed pursuant to Section 112(r)(3) as an “extremely hazardous substance” and that is subject to the General Duty Clause.
In March of 2022, Respondent’s response to an Information Request issued by EPA revealed that Respondent had failed to conduct an adequate hazard review of the System using appropriate hazard assessment techniques (“Process Hazard Review” ). The recommended industry practice and standard of care for identifying, analyzing, and evaluating potential hazards associated with ammonia refrigeration systems of this size is to use standard, industry-developed checklists or other methods such as a “What If” analysis. By failing to conduct an adequate hazard review of the System using appropriate hazard assessment techniques, Respondent failed to identify hazards that may result from accidental releases, in violation of the first requirement of the General Duty Clause, Section 112(r)(1) of the CAA. This ESA neither alleges nor resolves any violations of the other two requirements of the General Duty Clause.