IIAR

The Environmental Protection Agency has launched an initiative in the Pacific Northwest to improve the safety of smaller ammonia refrigeration facilities – focused on facilities with under 10,000 pounds of ammonia.

The initiative, which is being carried out by EPA Region 10, was developed with input from EPA region 1 and the International Institute of All-Natural Refrigeration. It is aimed at improving compliance with the General Duty Clause of Section 112(r) of the Clean Air Act. Section 112(r) specifies that owners and operators of stationary sources producing, processing, handling, or storing extremely hazardous substances, including anhydrous ammonia, have the duty to reduce the risk of chemical accidents.

While there are three duties required by the General Duty Clause, EPA Region 10 said its initiative would focus on the first, which is to “identify hazards which may result from accidental releases using appropriate hazard assessment techniques.”

Region 10 recently released a fact sheet on their planned initiative, which they said was based on previous Region 1 work. The fact sheet specifically references “trade association resources,” which is a notable indication of the work IIAR has done in informing EPA enforcement actions by providing a body of tailored resources and information to IIAR members and non-members looking to interpret their obligations under the new action.

IIAR has also released an enforcement awareness overview of General Duty Clause requirements to help IIAR member and non-member facilities understand how to comply with the Region 10 initiative.

Find the EPA Fact Sheet Here: https://iiarcondenser.org/epa-region-ten-fact-sheet/

Find the IIAR Enforcement Awareness Overview Here: https://iiarcondenser.org/iiar-enforcement-awareness/

“EPA is providing advance notice of an upcoming enforcement initiative so that you can take steps now to avoid a penalty before the initiative begins,” EPA Region 10 said in the fact sheet, adding that, “Trade associations may be able to help you find experienced consultants and hazard identification materials.”

EPA Region 10 said its initiative will follow a three-phase (1) information request; (2) settlement; and (3) follow-up; process.

In the (1) information request phase, EPA said it will send brief, targeted Information Requests to selected facilities that it has reason to believe may be out of compliance. Facilities will be required to respond to EPA answering four questions about their ammonia refrigeration systems, including whether a process hazard review (or an equivalent assessment using an appropriate hazard technique) has been performed. If a facility has not performed the required hazard review or equivalent assessment, EPA will inform the facility that it has violated the first duty of the General Duty Clause.

The EPA said that it has already begun preliminary investigations into compliance with the General Duty Clause by facilities that it believes has fewer than 10,000 pounds of ammonia, with the primary focus of the Initiative being facilities with more than 1,000 pounds of ammonia.

In the (2) settlement request phase, EPA said that it will offer to resolve a violation for a discounted penalty, provided the company agrees to perform a hazard review or equivalent assessment of its system with the help of an expert, and provided that a significant release has not occurred at the facility. If a violation has been found, the company will also be required to meet with emergency responders and submit any missing Tier II forms.

In the (3) follow-up phase, EPA said it will inspect a small subset of facilities to determine if the initiative has improved compliance with the General Duty Clause.

EPA region 10 cited a February 2015 enforcement alert as the origin of its recent initiative, saying that “Some of the most dangerous facilities that EPA inspected were not aware of the hazards that their refrigeration systems posed to the public, emergency responders, and employees.” EPA Region 10 added that “The Environmental Protection Agency (EPA) would like to work with facilities that have ammonia refrigeration systems to improve their safety, protect workers and the public from exposure to toxic gas, and avoid product losses.”

The IIAR said it is working closely with EPA Region 1 and Region 10 to help the agency accomplish its goals – to communicate EPA’s initiatives to members and non-members and deliver compliance resources and guidelines.

“IIAR’s work with EPA Region 10 on this initiative is vital to IIAR’s mission to uphold the industry’s high safety standards and continually improve the safety of ammonia refrigeration systems both in the United States and around the world,” said IIAR president Gary Schrift.

He added that IIAR is working closely with EPA Region 10 to communicate compliance resources that members and non-members may quickly reference as they determine how they will comply with the Region 10 initiative.

IIAR said it would help EPA Region 10 launch its initiative by sending email communication to all member and non-member contacts to outline the ways IIAR can help support ammonia refrigeration facilities that will be subject to the Region 10 initiative. These include:

1. IIAR Publications:
   1. ARM (Ammonia Refrigeration Management) Program Guidelines and Templates ComplianceGuidelines_IIAR_Publications_Catalog_2024_Final-2.pdf
   2. Critical Task Guidance for Ammonia System Emergency Planning. ComplianceGuidelines_IIAR_Publications_Catalog_2024_Final-2.pdf
   3. Guide for Estimating NH3 Releases and the excel program ComplianceGuidelines_IIAR_Publications_Catalog_2024_Final-2.pdf
   4. IIAR 1 thru IIAR 9 Ammonia Refrigeration Design and Operational Standards -all are FREE to Members Standards_IIAR_Publications_Catalog_2024_Final-3.pdf
   5. Tech Papers – Various publications over the years on many Process Hazard/PHA issues. – FREE to Members Technical Papers (iiar.org)
2. Online Training:
   1. ANR (Academy of Natural Refrigerants) – Planning and Performing an Effective PHA – FREE to Members Education ANR Certificate Courses (iiar.org)
   2. ANR – ARM Ammonia Refrigerant Management Program – FREE to Members Education ANR Certificate Courses (iiar.org)
   3. Series II – The IIAR Ammonia Refrigeration Safety Training Program – FREE to Members – Education Training Series (iiar.org)
   4. Partner Programs – Fundamentals of Mechanical Integrity 2023 – Education Partner Training Programs (iiar.org)
   5. Conference Technical Session Recordings – some Process Hazard related (for 2024 and moving forward – FREE to Members)  hub & space (mosaic-apps.com)
   6. Webinars (live and recorded)  – Free to Members – IIAR Member Webinars  – some recent webinars on the subject include” “General Duty Clause Requirements: Enforcement Awareness,” and “General Duty Clause Requirements: Identifying Hazards Using Appropriate Hazard Assessment Techniques.”

EPA Region 10 said any facility wishing to contact the agency with questions on the initiative should reach out directly to the initiative managers, Wren Ganey, or Mhara Coffman at: (ph) 206-553-0528.

IIAR encouraged any members looking for more information on the General Duty Clause or for further guidance on the EPA Region 10 initiative to reference the overview email outlining the EPA announcement and IIAR’s resource guide, or to call IIAR directly at 703-312-4200 with any questions.

“Net Zero GWP or extremely low GWP natural refrigerants are the best solution for a warming world, and this collaboration between EPA Region 10 and IIAR highlights one of the core reasons IIAR exists – to expand their use, by informing regulatory actions and ensuring the safety of natural refrigerants both here in the US and around the world,” said Schrift. “IIAR is excited to participate in this initiative and ready to help any facility looking for more information on compliance.”