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 ofViolation (FOV) to Enviro-Safe Refrigerants, Inc. (you). We find thatyou have violated the Clean Air Act, 42 U.S.C. 

### § 7413(a) (the CAA), specifically the SignificantNew Alternative Policy Program regulations at 40 C.F.R. Part 82, Subpart G. EPApromulgatedthese regulations under Section 608 ofthe CAA, 42 U.S.C. 

### §767lg. We arereissuing the enclosed FOV, originally issuedto 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) ofthe CAA, 42 U.S.C. § 7413(a)(3). These include issuing an administrative compliance order, issuing an administrative penalty order and bringing ajudicial civil or criminal action. The enclosed FOVis for your record only and does notrequire action onyour part. The EPA contactinthis matter is Katie Owens. You may call her at (312) 886-6097 ifyou have questions. Sincerely,

Direc r Air and Radiation Division

Enclosure: SBREF A fact sheet

cc: RayPilapil, IEPA Recycled/Recyclable • Printed with Vegetable Oil Based Inks on 100% Recycled Paper (1 00% Post-Consumer)UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS

IN THE MATTER OF: Enviro-Safe Refrigerants, Inc. Pekin, Illinois 

### Proceedings Pursuantto the Clean Air Act 42 U.S.C. 

### § 7401 etseq. ) ) ) ) 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 violatingthe CleanAir Act (CAA), 42 U.S.C. 

### § 7401 etseq. 

### Specifically, Enviro-Safe is violating provisions ofthe "SignificantNew Alternatives Policy" (SNAP) program regulations at 40 C.P.R. Part 82, Subpart G, as follows. Statutory and Regulatory Background 

### 1. Section 612 ofthe CAA, 42 U.S.C. 

### § 7671k, authorizes EPA to identify, review and restrict the use ofsubstitutes for "Class I" and "Class II" ozone-depleting substances (ODS). 2. Under Section 602(b) ofthe CAA, 42 U.S.C. 

### §7671a(b), Congress identified "HCFC-22" as a "Class II" ODS. 3. Section 612(a) ofthe 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 humanhealth and the environment. 4. Under Section 612(c) ofthe CAA, 42 U.S.C. § 7671k(c), EPA promulgatedthe SNAP programregulations at 40 C.F.R. Part 82, Subpart G. These regulations establish standards and requirements for the use ofClass 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 ofthe SNAP regulations is to provide for safe alternatives to ODS. 40 C.F.R. 

### § 82.170(a). 6. Amongthe objectives ofthe SNAP program is to identify substitutes for ODS thatpresent lower overall risks to humanhealth and the environmentrelative 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 ofa new substitute must submit a notice ofintent to introduce a new substitute into interstate commerce 90 days priorto such introduction. 8. Under the SNAP regulations at40 C.F.R. 

### § 82.174(a), no personmay introduce a new substitute into interstate commerce before the expiration of90 days after a notice is initially submitted to EPA under 40 C.F.R. § 82.176(a). 9. Underthe 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 inits 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 "anyuse ofa substitute for a Class I or Class II ozone-depleting compound, including but not limited to use in a manufacturing process orproduct, in consumptionby the end-user, or in intermediate uses, such as fonnulation orpackaging 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 ofintent requirement of40 C.F.R. 

### § 82.176(a) as a so-called "second generationreplacement" only ifitis designed to replace a non-ODS substitute that EPA has previously approved and ifthe 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. Underthe SNAP regulations, itis illegal to use ahydrocarbonrefrigerant 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 aplace ofbusiness at 400 Margaret Street, Pekin, Illinois (the Pekin facility). 16. AtthePekin facility, Enviro-Safe sells and distributes a product itrefers to as "EnviroSafe 22a" or "ES 22a."17. ES 22ais a hydrocarbon. 18. Enviro-Safe's website states thatEnviro-Safe Refrigerant "contains a fresh pine scent whichis added during the bottling process." 19. The Material Safety Data Sheet for ES 22a states that "flammable vapor may form if allowed to mix withair. Accwnulation ofgas is an ignitionhazard. Vapors are heavier than air and may travel to an ignition source." 20. Hydrocarbons are flammable substances. 

### See, e.g., http://www.epa.gov

### Iozone/snap/refrigerants/hc-12a.html 21. Enviro-Safe's website states thatES 22a is "flammable to an open flame or spark." 22. Enviro-Safe's website has described the productES 22a as areplacement 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 inresidential 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 ofintentto EPA to introduce ES-22a into interstate commerce 90 days priorto such introduction. 26. EPA has not approved ES 22a as a substitute for R-22 orHCFC-22. 27. Enviro-Safe introduced ES 22ainto commerce before the expiration of90 days after a notice ofintenthas been initially submittedto EPA. 28. The original Class II substance that ES 22ais intendedto replace, HCFC-22, is still available for use as arefrigerant and is commonly used throughout the industry.



### Conclusions ofLaw 29. Enviro-Safe is a "person" under the SNAP regulations. 30. ES 22ais a product substitute intendedfor use as a replacementfor a Class I or Class II compound, and thus a "substitute," as defmedby the SNAP regulations at 40 C.F.R. 

### § 82.172. 31. Enviro-Safe is a "producer" under the SNAP regulations, inthat it formulates or otherwise creates a substitute in its final form for distribution oruse ininterstate commerce.32. Enviro-Safe's failure to submit a notice ofintent to introduce ES 22ainto interstate conunerce 90 days prior to such introduction constitutes a violation of40 C.P.R. § 82176(a). 33. Enviro-Safe's introduction ofES 22ainto interstate commerce before the expiration of90 days after a notice ofintent 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 enduses 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 35. The use ofES 22a, a hydrocarbon refrigerant, inhome air conditioning units as a substitute for R-22 creates the potential for explosion and fires. As such, it creates a serious riskto human health and the environment. Finding ofViolation 36. Forthe above reasons, EPA finds that Enviro-Safe has violatedthe SNAP regulations at 40 C.P.R. §§ 82.174(a) and 82.176(a).

Date George T. C m1 Director Air and RadiatiOn DivisionCERTIFICATE OF MAILING I, Loretta Shaffer, certify that I sent a Finding ofViolation, 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 certifythat I sent copies ofthe Finding ofViolationby first-class mail to: Ray Pilapil, Manager Bureau ofAir Compliance andEnforcement Section Illinois Environmental ProtectionAgency 1021 North Grand Avenue East Springfield, Illinois 62702

Administrative Progr AECAB,PAS



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