Ammonia Refrigeration General Duty Clause GDC Pilot Project

Ammonia Refrigeration General Duty Clause (GDC) Pilot Project Janet Bowen EPA Region 1 U. S. EPA Region 1 October 23, 2018 1

National Enforcement Initiative (NEI): Reducing Risks of Accidental Releases at Industrial and Chemical Facilities n October 2016 - September 2019 n Greater emphasis on outreach and enforcement n Ammonia refrigeration chosen as one of the priority sectors www. epa. gov/enforcement/national-enforcement-initiative -reducing-risks-accidental-releases-industrial-and 2

Background on CAA Section 112(r) General Duty Clause (GDC) Risk Management Plan (RMP) Requirements 3

Quick Comparison of CAA Section 112(r): GDC and RMP General Duty Clause n n Stationary sources that manage extremely hazardous substances must: q q q Identify hazards Design and maintain a safe facility so as to prevent releases Minimize consequences of releases that do occur RMP Rule n n n Stationary sources With listed chemicals Over certain thresholds in a process Must submit RMP plan and Follow detailed regulations that flesh out the general duties 4

GENERAL DUTY CLAUSE PILOT 5

Traditional General Duty Clause Enforcement n Many of Region 1’s GDC inspections have found serious n n deficiencies. Number of these smaller refrigeration facilities overwhelms our inspection resources Enforcement cases usually involve 2 -3 GDC counts, which are very detailed and time consuming Need more efficient way to improve safety If owners had a better understanding of the hazards, they might fix some of the problems on their own 6

General Duty Clause Pilot 3 GDC Statutory Duties n Purpose: Improve compliance at GDC facilities without need for inspections. n Steps: q Identify facilities q Send public notice q 1) “Identify hazards which may result from such releases using appropriate hazard assessment techniques” 2) Design and maintain safe facility…. to prevent releases Minimize consequences of accidental releases which do occur Issue info. request to determine if company has identified hazards (GDC Duty #1). 3) q If not, offer a $5, 000 ESA, requiring company to (a) conduct hazard review with expert help, and (b) meet with emergency responders. 7

GDC Pilot: Information Request n Information request has just four “fill in the blank” questions * Does your facility have a refrigeration system that uses ammonia? * What is the inventory? * Has a process hazard review been conducted? * Any significant releases in the last 5 years? 8

GDC Pilot: Settlement Offer n Offer an expedited settlement if facility has not conducted a process hazard review. n Settlement: q q q Only one GDC count (failure to identify hazards) $5, 000 penalty Commit to: n Conduct process hazard review with an expert’s help n Meet with emergency responders and file any missing EPCRA forms n Send short statement re. safety improvement plans 9

Impact of GDC Pilot n Resource limitations mean: q q q n No EPA review of process hazard reviews (not even submitted) Settlement only resolves one GDC count May not reach entire ammonia refrigeration universe But Pilot should: q q Reach more facilities Raise companies’ awareness of hazards posed by their systems Improve GDC and EPCRA compliance Increase safety of communities and emergency responders 10

How GDC Pilot Fits in with Region 1’s Integrated Strategy for Safety at Ammonia Refrigeration Facilities FY’ 17 and ‘ 18 Compliance Assistance Outreach to approx. 1, 750 people 6 ASTI/IIAR workshops 2 table top exercises EPCRA webinar EPCRA article for ice rinks Informal Enforcement Formal Enforcement Notices of Potential Violations to convey inspection reports NOVs -no further action Criminal Judicial Admin. settlements Expedited Settlement Agreements Admin. compliance orders 11

EPA’S WORK WITH ICE RINKS 12

Ice Rink work Universe identification – about 310 rinks in New England n Work with Ice rink associations n EPCRA Tier 2 article for rinks (December 2017) n EPCRA workshops and webinar (January 2018) - included ice rink example n Map of ammonia ice rinks based on EPCRA Tier 2 n Measured increased EPCRA reporting and ammonia facilities n 13

AVAILABLE RESOURCES FOR AMMONIA REFRIGERATION FACILITIES 14

Online Resource: Compliance Assistance Tools and Resources for Ammonia Refrigeration Facilities • • Contains industry-specific information for the implementation of the Chemical Accident Risk Reduction (CARR) National Enforcement Initiative (NEI). Provides lists and descriptions of tools and resources broken out by the following types: EPA, EPA Partnerships, and Trade Associations www. epa. gov/sites/production/files/2017 -11/documents /complianceassistance-ammoniarefrigerationsector 0617. pdf 15

Ammonia Refrigeration Manual ACCIDENT PREVENTION AND RESPONSE MANUAL For Anhydrous Ammonia Refrigeration System Operators June 2015 (Fourth Edition) EPA-907 -B-1 -9001 www. epa. gov/rmp/accident-prevention-andresponse-manual-anhydrous-ammoniarefrigeration-system-operators 16

Key Safety Standards Document n Brief list q q n n Not an all inclusive Many potentially important RAGAGEP are not on the list EPA inspectors/CRO’s will be looking at these when working with a facility Developed and mutually agreed upon with IIAR www. epa. gov/sites/production/files/201805/documents/listofkeymeasurements. pdf 17

Chemical Accident Prevention Video EPA New England’s Chemical Accident Prevention Program helps facilities that use dangerous chemicals comply with environmental and storage safety rules. EPA has been using a strategic approach of enforcement and assistance to promote safe practices for storing and using hazardous chemicals. https: //www. youtube. com/watch? v=h. LA 6 EYa 7 t. Mg 18

CAMEO Chemicals Find response information for thousands of hazardous materials, including fire and explosion hazards, health hazards, firefighting techniques, cleanup procedures, protective clothing, and chemical properties. Information about EPA, OSHA and Homeland Security regulations is available on each chemical page. https: //cameochemicals. noaa. gov/ 19

Regulatory page for Ammonia Cameo Chemicals 20

EPA e. Disclosure n n Web based “e. Disclosure” portal launched December 2015 Allows entities to promptly disclose violations and submit compliance certification under EPA’s Audit policy e. Disclosure: https: //www. epa. gov/compliance/epas-edisclosure EPA Audit Policy: https: //www. epa. gov/compliance/epas-auditpolicy 21

Questions? Janet Bowen, EPA Region 1 Bowen. Janet@epa. gov 617 -918 -1795 Len Wallace, EPA Region 1 Wallace. Len@epa. gov 617 -918 -1835 22