Government Relations

The Coalition for PFAS-Free Cooling & Heating Launches Petition

The European refrigeration and HVAC&R Coalition for PFAS-Free Cooling & Heating said it is calling on all like-minded companies to “join us in demanding a healthier, more sustainable and competitive future for the European HVAC&R industry.” The group posted on its website and distributed a petition urging the European Chemicals Agency (ECHA) to enact strict and comprehensive restrictions on per- and polyfluoroalkyl substances (PFAS) in HVAC&R applications.

Government Relations

EPA Launches Region 10 Initiative for Facilities Under 10,000 lbs of Ammonia

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.

Government Relations

Compliance Assurance and Enforcement Focus

The following fact sheet was published by the Environmental Protection Agency Region 10 to communicate details about the Region 10 compliance initiative for facilities under 10,000 pounds of ammonia. It is reproduced here for the benefit of IIAR members and non-members with facilities under 10,000 pounds of ammonia.

Government Relations

IIAR Enforcement Awareness: General Duty Clause Requirements: Facilities with Smaller Ammonia Refrigeration Systems

Most IIAR members will likely have a hazard analysis in place. However, if your facility does not, we encourage you to get this done soon. If you are a contractor, a consultant, or sell equipment or other goods, we encourage you to pass the word to your end-user clients, especially those with smaller facilities that might not have a hazard analysis in place.

Government Relations

EPA Issues Final Rule with Risk Management Program Changes

On March 11th, the Environmental Protection Agency (EPA) published the Safer Communities by Chemical Accident Prevention Final Rule that makes changes to the agency’s Risk Management Program (RMP). The move is the latest in a series of rulemakings related to RMP over the last 10 years and reinstates several requirements similar to those mandated by the Obama Administration and later rescinded by the Trump Administration.

Government Relations

EPA Publishes Final Technology Transitions Rule to Phase Down HFCs

On October 5th, Environmental Protection Agency (EPA) Administrator Michael Regan signed the Final Rule Technology Transitions authorized under the American Innovation and Manufacturing Act designed to phase down hydrofluorocarbon (HFC) use.

Government Relations

OSHA Announces New Emphasis Program Targeting Warehouses and Distribution Centers

On July 13th, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) announced a new national emphasis program (NEP) targeting workplace hazards in warehouses, processing facilities distribution centers, and high-risk retail establishments.

Government Relations

OSHA Nears Completion of Final Rule on Injury and Illness Recordkeeping Requirements

On April 7, 2023, the Occupational Safety and Health Administration (OSHA) submitted its latest injury and illness recordkeeping proposal to the Office of Information and Regulatory Affairs (OIRA). Submission to OIRA usually marks the last step in the rulemaking process before a Final Rule is published. Injury and illness recordkeeping has been the subject of regulatory attention by the last three administrations.

Government Relations

Chairman’s Message

As I wind up my year as chairman of our International Association of Industrial Refrigeration, I look back and see all the wonderful accomplishments that you – our members and committees have achieved –setting the stage for even more in the year ahead. First on my list is the newly formed IIAR AIM Act Task Force. The American Innovation and Manufacturing Act (AIM) Act is expected to increase the long-term use of natural refrigerants and bring significant new opportunities to the natural refrigerant industry.

Government Relations

Identifying Hazards Using Appropriate Assessment Techniques

The United States EPA National Enforcement and Compliance Assurance Program implemented several national compliance initiatives (NCIs) effective for FY2020-2023. One of these NCIs is titled “Reducing Risks of Accidental Releases at Industrial and Chemical Facilities”. IIAR has received notice from the EPA and several end-users that one area of their focus is to determine whether facilities using hazardous chemicals have conducted a hazard analysis.

Government Relations

EPA Proposes HFC Phase Down Rule for Refrigeration Sector

On December 9th, the U.S. Environmental Protection Agency (EPA) announced a proposed rule under the American Innovation and Manufacturing (AIM) Act to advance the transition to more efficient heating and cooling technologies by restricting the use of hydrofluorocarbo and refrigeration, air conditioning, and heat pump equipment beginning in 2025. EPA has listed entities potentially impacted by the rule to include companies that manufacture, import, export, package, sell or otherwise distribute products that use or are intended to use HFCs, such as refrigeration and air-conditioning systems, heat pumps, foams, and aerosols.

Government Relations

Regulatory Outlook for 2022 by Lowell Randel, IIAR Government Relations Director

As the Biden Administration enters its second year, agencies such as the Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) are preparing to take significant regulatory actions that will impact the industrial refrigeration industry.

Government Relations

Climate Change Policy in the Spotlight By Lowell Randel, IIAR Government Relations Director

President Biden has made addressing climate change a signature priority for his administration. Since his election, climate change policies have been at the forefront of agency actions, Congressional deliberations, and, most recently, before the Supreme Court.

Government Relations

OSHA Considering Revisions to Process Safety Management Regulation

The U.S. Occupational Safety and Health Administration (OSHA) has recently taken steps to advance the rulemaking process to update the Process Safety Management (PSM) regulation. The OSHA effort is taking place in parallel to EPA’s Risk Management Program (RMP) rulemaking, raising concerns about coordination and consistency between the two regulatory schemes. The underlying rulemaking was actually initiated during the Obama Administration.

Government Relations

Biden Administration Takes Early Action on Regulatory Policy and Climate Change

Joe Biden began his presidency on January 20th by signing a series of Executive Orders impacting a wide range of policy issues. In just the first 10 days of his Administration, Biden took 42 individual executive actions, many of which reversed policies instituted by former President Trump. Regulatory review and climate change are among the major actions that will have an impact on the natural refrigerants industry.

Government Relations

OSHA Ramps Up COVID Enforcement By Lowell Randel, IIAR Government Relations Director

Responding to the COVID-19 pandemic continues to be a high priority for the Biden Administration. Despite increases in vaccinations and lower cases in many parts of the country, President Biden is calling on the Occupational Safety and Health Administration (OSHA) to ramp up its enforcement efforts to regulate workplaces. Biden was critical of OSHA during the Trump Administration for not being aggressive enough in protecting workers from COVID-19.

Government Relations

EPA Grants IIAR’s Petition for Increased Hydrofluorocarbon Restrictions

The Environmental Protection Agency has granted a petition from the International Institute of Ammonia Refrigeration and its industry partners to use the agency’s authority under the American Innovation and Manufacturing Act to restrict the use of hydrofluorocarbons within the refrigeration sector.

Government Relations

As HFCs are Phased-Down, Disincentives for Ammonia Must be Avoided

With the passage and ongoing implementation of the American Innovation and Manufacturing (AIM) Act at the federal level, some states are also taking actions to phase down hydrofluorocarbons (HFCs). As policymakers move away from HFCs, it is also important that ammonia policies be kept in an appropriate balance, to avoid unintended consequences of policies that may serve as disincentives for facilities to move to natural refrigerants.

Government Relations

CSB Establishes New Chemical Incident Reporting Rule

On February 5, 2020, the Chemical Safety and Hazard Investigation Board (CSB) released its Final Rule on accidental chemical release reporting. The rule creates a new reporting requirement for facilities that experience a chemical release. The enabling legislation that established the CSB included a requirement that the agency develop a reporting mechanism to help identify incidents that warrant CSB investigation.

Government Relations

Regulatory Impacts of the COVID-19 Pandemic

The current COVID-19 pandemic is having significant impacts on individuals and businesses across the globe. While many businesses continue to be closed, or their operations changed or restricted, companies designated as part of the critical infrastructure have maintained operations throughout the crisis.

Government Relations

EPA Announces Termination of Enforcement Discretion, Region 1 Reports Results of GDC Pilot Program

On June 29th, EPA announced the termination date of its temporary enforcement discretion policy contained in a March 26th memorandum entitled: “COVID-19 Implications for EPA’s Enforcement and Compliance Assurance Program”. The policy was instituted with the recognition that travel restrictions and stay-at-home orders may impact the ability of some facilities to meet certain compliance requirements during the pandemic.

Government Relations

Policy Implications of a Biden Presidency

While there are still some uncertainties about the final results of the 2020 elections, including key runoff elections for two Senate seats in the state of Georgia, it is important to look at the potential policy implications of a Biden presidency. As with all presidential administrations, there will be some policy changes that can be accomplished simply through executive action.

Government Relations

Supreme Court Declines to Hear HFC Case, EPA Proposes Removing HFC Leak Requirements

On January 18, 2019, President Trump signed legislation to extend the authority for the Chemical Facility Anti-Terrorism Standards (CFATS) program. CFATS, administered by the Department of Homeland Security (DHS), was set to expire on January 19th unless legislation was enacted to continue its authority. Industry and DHS called for reauthorization to prevent a lapse in authority.

Government Relations

Green New Deal and Climate Policy

Climate policy is taking center stage with Democrats in Congress who gained control of the House of Representatives after the 2018 elections and the over 20 candidates vying for the Democratic presidential nomination in 2020. The debate, and rhetoric, is heating up and looks to continue as we head into the presidential election next year.

Government Relations

EPA Continues Compliance Focus on Ammonia Facilities

Compliance and safety in ammonia facilities continues to be a high priority for the Environmental Protection Agency (EPA). In 2016, EPA announced a series of National Enforcement Initiatives focused on improving safety in a variety of high hazard industries. Among these initiatives was an effort entitled “Reducing Accidental Releases at Industrial and Chemical Facilities”. EPA has placed specific emphasis on ammonia facilities as a part of the initiative, which has subsequently been renamed a National Compliance Initiative (NCI).

Government Relations

Regulatory Reforms Advance in Canada and U.S.

Regulations are a major consideration for the industrial refrigeration industry in the United States, Canada and many other countries. IIAR has long worked to improve the regulatory climate in the U.S. and is now working to broaden its influence across the globe. In some cases, this takes the form of promoting IIAR standards in countries that do not have well established regulatory schemes. In other cases, IIAR is working to advance regulatory reforms to reduce regulatory burdens while maintaining safety.

Government Relations

Appeals Court Denies Rehearing of Ruling Against EPA Regulation of HFCs

On January 26, 2017, the United States Court of Appeals for the District of Columbia Circuit denied petitions requesting a rehearing by the full court of a decision finding that the Environmental Protection Agency (EPA) had exceeded its authority by regulating the use of HFCs through the Significant New Alternatives Policy program (SNAP).

Government Relations

Appeals Court Vacates Trump Rule Delaying RMP Changes

A federal appeals court in August vacated a delay in Obama-era changes to the Environmental Protection Agency’s Risk Management Program (RMP) that would add compliance requirements to regulated facilities. Shortly after taking office, the Trump Administration issued a series of delays to the effective date of the RMP amendments, resulting in a final effective date of February 19, 2019.

Government Relations

Court Rules Against EPA Regulating HFCs through SNAP Program

On August 8, 2017, the United States Court of Appeals for the District of Columbia Circuit issued a ruling in the case of Mexichem Fluor Inc. vs. the EPA finding that the Environmental Protection Agency (EPA) exceeded its statutory authority by promulgating a rule in 2015 that regulated the use of hydrofluorocarbons (HFCs). The 2015 regulation was issued by EPA through its Significant New Alternatives Program (SNAP) as a part of the Obama Administration’s plan to reduce greenhouse gas emissions

Government Relations

Tax Reform Takes Center Stage

Tax reform has emerged as the top priority in Washington, DC as President Trump and Congressional Republicans set the goal for passing legislation before the end of 2017. Republican leaders are feeling pressure to secure a signature legislative victory following the failure to repeal and replace Obamacare.

Government Relations

Policy Changes Pave Way for HFC Reductions

The use of hydrofluorocarbons (HFCs) has recently been at the center of policy deliberations in the United States and globally. Many HFCs used in refrigeration have high global warming potential (GWP) and have become the target for reductions by the U.S. Environmental Protection Agency and the over 170 countries that are parties to the Montreal Protocol.

Government Relations

OSHA Convenes Small Business Panel on Potential Changes to PSM

In June 2016, the Occupational Safety and Health Administration (OSHA) convened a Small Business Advocacy Review (SBAR) Panel to get feedback from small businesses about potential changes to the Process Safety Management (PSM) regulation.

Government Relations

EPA Issues Proposed Rule on RMP

On March 14, 2016, the Environmental Protection Agency (EPA) published in the Federal Register a proposed rule to modernize the Risk Management Program. The rulemaking comes as a part of the Obama Administration’s efforts to implement Executive Order 13650 – Improving Chemical Facility Safety and Security. The Executive Order was issued in response to an incident at a fertilizer plant in West, Texas in April 2013.

Government Relations

OSHA Initiates Small Business Review Panel on PSM Regulation

In February 2016, the Occupational Safety and Health Administration (OSHA) announced that it is initiating a Small Business Advocacy Review (SBAR) Panel in order to get feedback on several potential revisions to OSHA’s Process Safety Management Program (PSM) standard.

Government Relations

EPA Proposes Rule to Strengthen Refrigerant Management Requirements

On November 9, 2015, the Environmental Protection Agency (EPA) published a Notice of Proposed Rulemaking entitled “Protection of Stratospheric Ozone: Update to the Refrigerant Management Requirements under Section 608 of the Clean Air Act.”

Government Relations

Executive Order 13650 — Improving Chemical Facility Safety and Security

On August 1, 2013, President Obama signed Executive Order 13650 entitled: Improving Chemical Facility Safety and Security. The action was driven in response to an explosion at a fertilizer facility in West, Texas

Government Relations

Congress Tackles Regulatory Reform

The November 2014 elections resulted in a significant shift in control of Congress. Republicans gained control of the Senate and widened their majority in the House of Representatives. As a result, efforts to reform the regulatory process are seeing renewed interest this year.

Government Relations

EPA Issues Enforcement Alert on Anhydrous Ammonia

In February 2015, the Environmental Protection Agency issued an enforcement alert entitled: “Anhydrous Ammonia at Refrigeration Facilities Under Scrutiny by U.S. EPA.” The EPA’s Office of Civil Enforcement issues alerts such as this periodically to highlight areas where the agency is placing enforcement priority.

Government Relations

IIAR Leads Coalition in Response to RMP Request for Information

In July 24, 2014, the Environmental Protection Agency published a Request for Information (RFI) regarding the agency’s Risk Management Program (RMP) regulations. The RFI was generated as a part of the Obama Administration’s efforts to implement Executive Order 13650 - Improving Chemical Facility Safety and Security.

Government Relations

Presidential Working Group Recommends Policy Changes Impacting Chemical Facilities

In response to the tragic accident last year in West, Texas, President Obama issued Executive Order (EO) 13650, Improving Chemical Facility Safety and Security. The EO is intended to enhance the safety and security of chemical facilities and reduce risks associated with hazardous chemicals to facility workers and operators, communities, and responders.

Government Relations

IIAR Builds Coalition to Comment on Proposed PSM Changes

The Obama Administration continues its work under the Executive Order entitled: Improving Chemical Facility Safety and Security that was signed in August 2013.

Government Relations

The Executive Order on Chemical Security: A Closer Look

On August 1st, President Obama announced the signing of an Executive Order entitled “Improving Chemical Facility Safety and Security.”