IIARThe Official Magazine of the All-Natural Refrigeration Industry
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
Read More>>>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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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).
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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.
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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).
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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.”
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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
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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.
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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.
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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.
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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.
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The Obama Administration continues its work under the Executive Order entitled: Improving Chemical Facility Safety and Security that was signed in August 2013.
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This year looks to be a busy one for the Occupational Safety and Health Administration. Two major initiatives pertaining to Process Safety Management and injury and illness recordkeeping are already under consideration by the agency and the long awaited proposed rule on Injury and Illness Prevention Programs appears to be on the horizon.
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On August 1st, President Obama announced the signing of an Executive Order entitled “Improving Chemical Facility Safety and Security.”
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