EPA Notice: Pacific Northwest Ammonia Refrigeration Facilities

A July 2024 publication by the USEPA has put small ammonia refrigeration facilities in the Pacific Northwest on notice. This notice states ‘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.’

Many ammonia refrigeration facilities across the Pacific Northwest must comply with the EPA’s Risk Managment Program (RMP) and OSHA’s Processs Safety Management (PSM) Program for having an ammonia inventory in a single process above 10,000 lb., but facilities with ammonia refrigeration systems with an inventory below 10,000 lb. of ammonia are not subject to these regulations. Many owner/operators of facilities with small ammonia refrigeration systems have gone unskathed from the RMP/PSM regulation, but it now appears these facilities will be challenged with complying with the EPA’s General Duty Clause (GDC) requirements as enforcement ramps up.

What is the EPA’s General Duty Clause? 

Under the Clean Air Act Section 112(r)(1), the General Duty Clause states: “The owners and operators of stationary sources producing, processing, handling or storing such substances [i.e., a chemical in 40 CFR part 68 or any other extremely hazardous substance] have a general duty [in the same manner and to the same extent as the general duty clause in the Occupational Safety and Health Act (OSHA)] (1) to identify hazards which may result from (such) releases using appropriate hazard assessment techniques, (2) to design and maintain a safe facility taking such steps as are necessary to prevent releases, (3) and to minimize the consequences of accidental releases which do occur.”

This statement is somewhat vague and does not provide direction on how to comply with the three major requirements, but the July 2024 notice provides clarification on the EPA’s expectations.

The notice explains the EPA’s focus is on complying with the first requirement; ‘to identify hazards which may result from (such) releases using appropriate hazard assessment techniques‘, which can be accomplished through performing a Hazard Review (also known as a Process Hazard Analysis or PHA).

If you need any assistance with developing a General Duty Clause (GDC) Program or leading a Hazard Review, please do not hesitate to contact Resource Compliance at (559) 909-3776 or by email at ntorres@resourcecompliance.com.