Under the Clean Air Act Section 112(r)(1), the GDC states: ÂThe owners and operators of stationary sources producing, processing, handling or storing such substances [i.e., a chemical in 40 CFR part 68 or any other extremely hazardous substance (EHS)] have a general duty [in the same manner and to the same extent as the general duty clause in the Occupational Safety and Health Act (OSHA)] to identify hazards which may result from (such) releases using appropriate hazard assessment techniques, to design and maintain a safe facility taking such steps as are necessary to prevent releases, and to minimize the consequences of accidental releases which do occur. Inspection was conducted under the provisions of Section 112(r) GDC because it was suspected and confirmed that they were using an (EHS) in an industrial refrigeration application, in this case Anhydrous Ammonia (NH3).
Facility was found in violation of Section 112(r) (1) of the Clean Air Act General Duty Clause requirements through a Compliance Evaluation done in September 16 and 17, 2011. The EPA is ordering the Respondent comply with all the applicable Ammonia Refrigeration Industry Sector Codes and Standards and requiring that mechanical integrity testing and total refrigeration inventory is performed.