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.
SETTLEMENT TERMS
Respondent and EPA agree to the following terms of settleme nt, which include a penalty and compliance measures.
1) Retain Third Party Expert to Conduct Process Hazard Review
Respondent certifies that:
a. Respondent retained an independent third-party ammonia refrigeration system consultant (“Refrigeration Consultant”) to perform an adequate Process Hazard Review of the System in accordance with Section 112(r)(1) of the CAA, using appropriate hazard assessment techniques.
b. The Refrigeration Consultant performed the ProcessHazard Review of the System, thereby correcting its failure to identify hazards pursuant to Section 112(r)(l) of the CAA.
2) Coordinate with Emergency Responders
Respondent certifies that it coordinated with the relevant off-site emergency responders to plan for res ponding to a potential release of anhydrous ammonia from the System.
3) File Tier II Forms
Respondent certifies that it has complied with EPCRA Section 312 by filing chemical inventory (“Tier II”) forms with the local fire department, Local Emergency Planning Committee, and State Emergency Response Commission.
4) Submit Resume and Plans for Safety Improvements
a. With this agreement, Respondent is submitting the resume of the Refrigeration Consultant. Respondent need not submit the Process Hazard Review nor its contract with the Refrigeration Consultant unless requested.
b. Respondent is including a short statement about what actions Respondent is taking at the Facility to improve safety as a result of conducting the Process Hazard Review (“Safety Plan Statement” ).
5) Pay Civil Penalty
Respondent agrees to pay a total penalty amount of $5,000.
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