A task force launched last year by the International Institute of All-Natural Refrigeration (IIAR) has begun discussions with the U.S. Environmental Protection Agency (EPA) to address overlap in the agency’s ris management program (RMP) regulations for ammonia (R717) refrigeration with the process safety management (PSM) regulations overseen by the U.S. Occupational Safety and Health Administration (OSHA).
In addition to removing duplication by the EPA and OSHA, the NH3 Overdue Regulation Modernization (NORM) task force aims to persuade the federal agencies to ultimately defer to nine ammonia safety standards that IIAR has developed, update the penalty structure, shift funding to local entities for educational and enforcement purposes and provide data on ammonia-release incidents.
NORM had its first meeting with the EPA on August 4, noted Kurt Liebendorfer, Chair of the task force and Vice President at Evapco, a manufacturer of ammonia and CO2 (R744)-based industrial refrigeration equipment. The task force followed up with queries about next steps and appropriate contacts. It plans to eventually meet with OSHA as well, though the EPA’s rulemaking structure may make it more amenable to changes, he said.
“You’ve got this three-legged stool that is attempting to enforce best practices and safety, and there’s a tremendous amount of duplication.”
Kurt Liebendorfer, Chair of the NORM task force and Vice President at Evapco
OSHA introduced the PSM program in 1992 to improve safety for employees of plants using dangerous chemicals, and in 1996 EPA followed with its RMP program, which covered site safety as well as that of the nearby offsite environment. “In 1998, EPA “took the lion’s share” of PSM and “established it to be their RMP program as well,” said Liebendorfer. Since then the agencies have added their own changes, resulting in “slightly different versions of the same thing.” Both RMP and PSM apply to facilities that use more than 10,000lbs (4,536kg) of ammonia.
Over the past two decades, the IIAR has created a suite of nine safety standards for operating ammonia refrigeration systems, including design, installation, start-up and inspection – best practices that echo the federal regulations. “You’ve got this three-legged stool that is attempting to enforce best practices and safety, and there’s a tremendous amount of duplication,” said Liebendorfer. “We want to modernize the three pillars to be less duplicative.”
In its presentation to the EPA, NORM presented a list of 17 EPA/RMP elements and 14 OSHA/PSM elements and identified the 13 that overlap, including operating procedures, compliance audits, incident investigations and emergency response. The nine IIAR standards overlap with the RMP and PSM regulations 11 times in total, nine times individually, though some IIAR standards are more aligned with agency regulations than others.
Liebendorfer acknowledged that the IIAR’s effort to streamline federal ammonia regulations stems from the Trump administration’s encouragement of regulatory cutbacks. In February the EPA proposed rollbacks to the Biden administration’s 2024 RMP rule, for which the IIAR provided comments. The NORM initiative is aimed at the EPA’s 610 Review of the RMP, under which the agency reevaluates a rule that may have a significant economic impact on a substantial number of small entities within 10 years of publication of the final rule. “Overlapping, duplicative layers of regulation create confusion, consume time, and increase cost, particularly for small businesses,” said the IIAR in its EPA presentation.
Even with the current administration’s push for regulatory reform, NORM is realistic about the prospects for change. “We’re not going to get EPA through the current review process just to say get rid of RMP and refer to PSM,” said Liebendorfer. “But perhaps we could get a recognition that this is really viable and of merit and that some forthcoming initiative be created out of that recognition.”
Ask list
In its presentation, NORM offered an “ask list” for the EPA in regard to ammonia regulations. First on the list is a request for an exemption to regulations similar to that given to the agriculture industry for the use of ammonia in farming. (Farmers are still held to the General Duty Clause.) Liebendorfer called this exemption the “holy grail” that is not likely to be granted, though the IIAR would like to know why industrial refrigeration would be excluded.
A bigger focus for the task force is removing RMP requirements that are equivalent to OSHAs’ PSM regulations and ultimately deferring to IIAR standards. “When [EPA and OSHA] came up with its regulations 35 years ago, IIAR did not have its suite of ammonia standards,” he said. “IIAR has not only created those standards in the past 15 to 20 years; they have become part and parcel of building codes like the International Mechanical Code.” Instead of writing its own version of safety practices, the agencies could “defer to IIAR standards, just like the International Mechanical Code did.”
Another benefit of the IIAR standards is that, since they are endorsed by the American National Standards Institute (ANSI), they must go through a public review process every five years. “This ensure that IIAR standards are kept current,” said Liebendorfer.
The IIAR has for many years trained OSHA inspectors on IIAR standards. The EPA has not participated in this program, but, in its recent meeting with the agency, the IIAR offered to train its inspectors.
While the RMP and PSM programs apply to facilities using more than 10,000lbs (4,536kg) of ammonia, plants using less ammonia are still governed by the General Duty Clause, a provision followed by both the EPA and OSHA. It says that operators have a general responsibility to identify hazards and maintain a safe facility, though “there’s not a lot of attention paid to best practices below 10,000 pounds,” said Liebendorfer.
The IIAR believes that the best practices included in IIAR standards, if followed by the agencies, would apply to all types of facilities, regardless of how much ammonia they use. “The requirements would be clearer, more enforceable, and now you have one set of standards that govern all,” he said.
Transferring funding to the states
The “ultimate goal” of the NORM task force is for some portion of EPA and OSHA funding used in regulatory enforcement to be transferred to the states and localities. “Local enforcement has got the ability to do a better job of enforcing those requirements for all facilities, not just those with more than 10,000 pounds [of ammonia],” said Liebendorfer.
The agencies currently delegate some funding to the states, he added. “Twenty-two states already have their own OSHA-approved state program that mimics PSM, and they receive federal funding for enforcement. We just want that to be expanded to all of the states, built around IIAR standards that are in the building codes.”
At the local level, IIAR would like greater support and training of Authorities Having Jurisdiction (AHJs), such as fire marshals and building departments, and local emergency planning committees (LEPCs), which prepare communities for potential emergencies involving hazardous materials. The trade organization also promotes greater application of the Emergency Planning and Community Right-to-Know Act (EPCRA), designed to help communities protect public health, safety and the environment from chemical hazards.
In many cases, there are unfunded mandates, such as a requirement for facilities to engage with their local fire departments and the first responder community, Liebendorfer noted. “There are requirements, but there’s no funding or guidance to actually allow them to be carried out.”
IIAR is also engaged in its most comprehensive look at ammonia-related incidents in the U.S. and to that end is seeking data dating to 2000 from the EPA, OSHA, the National Response Center (a clearinghouse for hazardous material spills in the U.S.) and state databases. The data will provide insights into leading violations and other trends, as well as whether facilities are being “double-fined for the same thing from the two different agencies,” said Liebendorfer. “We’re really excited about how [the data] will either support the goals of the task force or redirect us into [other] priorities.”
NORM has been reaching out to other organizations and trade groups that are pursuing similar initiatives with federal agencies. “We want to collaborate with them and build a bigger coalition,” said Liebendorfer, “because modernizing regulatory requirements and referencing more modern industry codes and standards developed by self-regulating industries like refrigeration is a model shift.”
