UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 5 

CERTIFIED MAIL 

77 WEST JACKSON BOULEVARD 

CHICAGO, IL 60604-3590 

JUN 11 2013 

REPLY TO THE ATIENTION OF 

RETURN RECEIPT REQUESTED 

Ms. Julie Price 

Enviro-Safe Refrigerants, Inc. 

400 Margaret Street 

Pekin, Illinois 61554 

Dear Ms. Price: 

The U.S. Envirm]mental Protection Agency is reissuing the enclosed Finding of Violation (FOV) 

to Enviro-Safe Refrigerants, Inc. (you). We find that you have violated the Clean Air Act, 

42 U.S.C. § 7413(a) (the CAA), specifically the Significant New Alternative Policy Program 

regulations at 40 C.F.R. Part 82, Subpart G. EPA promulgated these regulations under Section 

608 of the CAA, 42 U.S.C. § 767lg. 

We are reissuing the enclosed FOV, originally issued to Enviro-Safe on April29, 2013, to 

eliminate citations to any information for which Enviro-Safe has asserted Confidential Business 

Information (CBI) claims. 

We have several enforcement options under Section 113(a)(3) of the CAA, 42 U.S. C. 

§ 7413(a)(3). These include issuing an administrative compliance order, issuing an 

administrative penalty order and bringing a judicial civil or criminal action. 

The enclosed FOV is for your record only and does not require action on your part. The EPA 

contact in this matter is Katie Owens. You may call her at (312) 886-6097 if you have questions. 

Sincerely, 

Direc r 

Air and Radiation Division 

Enclosure: SBREF A fact sheet 

cc: Ray Pilapil, IEP A 

Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 1 00% Recycled Paper (1 00% Post-Consumer) 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGIONS 

IN THE MATTER OF: 

Enviro-Safe Refrigerants, Inc. 

Pekin, Illinois 

Proceedings Pursuant to 

the Clean Air Act 

42 U.S. C. § 7401 et seq. 

) 

) 

) 

) FINDING OF VIOLATION 

) 

) EPA-5-13-IL-30 

) 

) 

) 

FINDING OF VIOLATION 

The U.S. Environmental Protection Agency fmds that Enviro-Safe Refrigerants, Inc. (EnviroSafe) is violating the Clean Air Act (CAA), 42 U.S.C. § 7401 et seq. Specifically, Enviro-Safe is 

violating provisions of the "Significant New Alternatives Policy" (SNAP) program regulations at 

40 C.P.R. Part 82, Subpart G, as follows. 

Statutory and Regulatory Background 

1. Section 612 of the CAA, 42 U.S.C. § 7671k, authorizes EPA to identify, review and 

restrict the use of substitutes for "Class I" and "Class II" ozone-depleting substances 

(ODS). 

2. Under Section 602(b) of the CAA, 42 U.S.C. § 7671a(b), Congress identified "HCFC-22" 

as a "Class II" ODS. 

3. Section 612(a) of the CAA, 42 U.S.C. § 7671k(a), requires that, to the maximum extent 

practicable, Class I and Class II ODS be replaced by chemicals, products substitutes, or 

alternative manufacturing processes that reduce overall risks to human health and the 

environment. 

4. Under Section 612(c) of the CAA, 42 U.S.C. § 7671k(c), EPA promulgated the SNAP 

program regulations at 40 C.F.R. Part 82, Subpart G. These regulations establish 

standards and requirements for the use of Class I and Class II substances used in specific 

major industrial sectors where a substitute is used to replace an ODS including, among 

other things, refrigeration and air conditioning. See 59 Fed. Reg. 13044 (March 18, 1994). 

5. Among the purposes of the SNAP regulations is to provide for safe alternatives to ODS. 

40 C.F.R. § 82.170(a). 

6. Among the objectives of the SNAP program is to identify substitutes for ODS that present 

lower overall risks to human health and the environment relative to the Class I and Class 

II substances being replaced. 40 C.F .R. § 82.170(b ). 
7. Under the SNAP regulations at 40 C.F.R. § 82.176(a), any producer of a new substitute 

must submit a notice of intent to introduce a new substitute into interstate commerce 90 

days prior to such introduction. 

8. Under the SNAP regulations at 40 C.F.R. § 82.174(a), no person may introduce a new 

substitute into interstate commerce before the expiration of 90 days after a notice is 

initially submitted to EPA under 40 C.F.R. § 82.176(a). 

9. Under the SNAP regulations at 40 C.F.R. § 82.172, a "producer" is defined at as "any 

person who manufacturers, formulates, or otherwise creates a substitute in its final form 

for distribution or use in interstate commerce." 

10. Under the SNAP regulations at 40 C.F.R. § 82.172, "substitute or alternative means" is 

defined as "any chemical, product substitute, or alternative manufacturing process, 

whether existing or new, intended for use as a replacement for a class I or class II 

compound." 

11. Under the SNAP regulations at 40 C.F.R. § 82.172, "use" is defined as "any use of a 

substitute for a Class I or Class II ozone-depleting compound, including but not limited to 

use in a manufacturing process or product, in consumption by the end-user, or in 

intermediate uses, such as fonnulation or packaging for other subsequent uses." 

12. Under the SNAP regulations at 40 C.F.R. § 82.172, "person" is defmed to include a 

corporation. 

13. Under the SNAP regulations, a substitute is exempt from the notice of intent requirement 

of 40 C.F.R. § 82.176(a) as a so-called "second generation replacement" only if it is 

designed to replace a non-ODS substitute that EPA has previously approved and if the 

original Class I or Class II ODS refrigerant is no longer being used or is no longer 

available for use. See 59 Fed Reg 13044, 13052. 

14. Under the SNAP regulations, it is illegal to use a hydrocarbon refrigerant as a substitute 

for a Class I or Class II ODS refrigerant for any end use other than industrial process 

refrigeration systems, or retail food refrigerators and freezers (stand-alone units only). See 

69 Fed Reg 11946, 11952 (March 12, 2004), and 76 Fed Reg. 78832 (December 

20, 2011). 

Factual Background 

15. Enviro-Safe is a corporation with a place of business at 400 Margaret Street, Pekin, 

Illinois (the Pekin facility). 

16. At the Pekin facility, Enviro-Safe sells and distributes a product it refers to as "EnviroSafe 22a" or "ES 22a." 
17. ES 22a is a hydrocarbon. 

18. Enviro-Safe's website states that Enviro-Safe Refrigerant "contains a fresh pine scent 

which is added during the bottling process." 

19. The Material Safety Data Sheet for ES 22a states that "flammable vapor may form if 

allowed to mix with air. Accwnulation of gas is an ignition hazard. Vapors are heavier 

than air and may travel to an ignition source." 

20. Hydrocarbons are flammable substances. See, e.g., 

http://www. epa. gov I ozone/ snap/refrigerants/hc-12a.html 

21. Enviro-Safe's website states that ES 22a is "flammable to an open flame or spark." 

22. Enviro-Safe's website has described the product ES 22a as a replacement for a substance 

known as "R-22," to be used mainly for home air conditioning units. 

23. R-22 is a non-flammable ODS approved by EPA for use as a refrigerant in residential air 

conditioning units. 

24. R-22 is another name for HCFC-22. http://W'.vw.epa.gov/ozone/geninfo/numbers.html 

25. Enviro-Safe did not submit a notice of intent to EPA to introduce ES-22a into interstate 

commerce 90 days prior to such introduction. 

26. EPA has not approved ES 22a as a substitute for R-22 or HCFC-22. 

27. Enviro-Safe introduced ES 22a into commerce before the expiration of90 days after a 

notice of intent has been initially submitted to EPA. 

28. The original Class II substance that ES 22a is intended to replace, HCFC-22, is still 

available for use as a refrigerant and is commonly used throughout the industry. 

Conclusions of Law 

29. Enviro-Safe is a "person" under the SNAP regulations. 

30. ES 22a is a product substitute intended for use as a replacement for a Class I or Class II 

compound, and thus a "substitute," as defmed by the SNAP regulations at 40 C.F.R. 

§ 82.172. 

31. Enviro-Safe is a "producer" under the SNAP regulations, in that it formulates or otherwise 

creates a substitute in its final form for distribution or use in interstate commerce. 
32. Enviro-Safe's failure to submit a notice of intent to introduce ES 22a into interstate 

conunerce 90 days prior to such introduction constitutes a violation of 40 C.P.R. 

§ 82176(a). 

33. Enviro-Safe's introduction ofES 22a into interstate commerce before the expiration of90 

days after a notice of intent has initially been submitted to EPA constitutes a violation of 

40 C.P.R. § 82.174(a). 

34. Enviro-Safe illegally marketed the hydrocarbon product, ES 22a, for unapproved end uses 

by marketing ES 22a as a replacement for a substance known as "R-22," to be used mainly 

for home air conditioning units. 

Risks to Human Health and the Environment 

3 5. The use of ES 22a, a hydrocarbon refrigerant, in home air conditioning units as a 

substitute for R-22 creates the potential for explosion and fires. As such, it creates a 

serious risk to human health and the environment. 

Finding of Violation 

36. For the above reasons, EPA finds that Enviro-Safe has violated the SNAP regulations at 

40 C.P.R. §§ 82.174(a) and 82.176(a). 

Date George T. C m1 

Director 

Air and RadiatiOn Division 
CERTIFICATE OF MAILING 

I, Loretta Shaffer, certify that I sent a Finding of Violation, No. EPA-5-13-IL-30, by 

Certified Mail, Return Receipt Requested, to: 

Ms. Julie Price, Owner 

Enviro-Safe Refrigerants, Inc. 

400 Margaret Street 

Pekin, Illinois 61554 

I also certify that I sent copies of the Finding of Violation by first-class mail to: 

Ray Pilapil, Manager 

Bureau of Air 

Compliance and Enforcement Section 

Illinois Environmental Protection Agency 

1021 North Grand A venue East 

Springfield, Illinois 62702 

Administrative Progr 

AECAB,PAS 

, 

CERTIFIED MAIL RECEIPT NUMBER: zoo? /t-.::00 tJacx:J 7~ 7tP tJ:J.'fl.j