The Natural Refrigeration

A new picture of how regulatory activities might function in the future is emerging, thanks to efforts by the International Institute of All-Natural Refrigeration’s “NH3 Overdue Regulation Modernization,” or NORM, task force.

The task force is currently asking regulators to remove PSM/ RMP requirements that duplicate across agencies or defer to IIAR standards where the standards and regulations overlap. Once it gets federal buy in for IIAR standards, the committee hopes to convince OSHA and EPA to find a way to shift resources to local enforcement bodies outfitted with IIAR standards.

“The concept is that if facilities are following, implementing and conforming to IIAR standards, then they are doing everything that needs to be done to satisfy federal regulatory requirements,” said IIAR Vice President of Operations Mike Chapman.

“The second part of this plan is IIAR’s effort to get funds from federal or state governments to train local enforcement teams. Because this concept is a state and local program, building relationships between the enforcement folks and the facilities is key,” said Chapman. “Optimally, this is a way to build amicable relationships with regulators with the main focus on prevention.”

“This is the fundamental second step,” said Kurt Liebendorfer, Vice President of Evapco and chair of the NORM task force, once regulatory duplication has been addressed. “We’ll develop a business plan that proposes moving more funding to the states so [regulatory activities] can be enforced at a local level rather than the federal level.”

The plan would advocate for an ideological shift from isolated enforcement activities on the federal level to ongoing local enforcement activities built on closer connections between Authorities Having Jurisdiction, or AHJ’s, and the facilities in their jurisdiction.

Under the plan, federal money would be shifted to AHJs to bolster education and outreach and build a more holistic approach to enforcement, which could help facilities correct course before major risks have a chance to build.

“Why wouldn’t we push to work with regulators more amicably if it’s more likely that we can accomplish this goal at the local [rather than federal] level?” said IIAR President Gary Schrift. “When you move the enforcement authority and funding to the local level, those are the people in the same community who can educate each other and stay in communication.”

Giving AHJ’s – like a local code inspector or emergency personnel like a fire chief – more regulatory responsibility would require that they also be given more resources so they can fund extra time, focus and education at the local level, added Schrift. The idea isn’t new and is already used for specialized enforcement niches across the country.

Closer interaction with the local responder community has also been a long-term initiative for the EPA that is underfunded. 

Evapco’s Liebendorfer agreed, adding that “The federal government already allocates a large portion of funds that are funneled from the federal [enforcement budget] to some states for these things. We want to map out this idea . . . how do we shift more of this money to the local level where it can be more effective in advancing best practices?”

Many of the safety efforts of local AHJ’s are currently underfunded or overlooked, said Liebendorfer, and IIAR’s plan could be a template for the federal government to use to create funding pipelines to local communities. “This makes sense because there are already many emergency response communities that are begging for more money.”

District Fire Chief for the City of San Antonio, Mark Trevino, who runs a 54-person hazardous materials team and writes most of the department’s grant proposals, said federal regulators could look at a funding shift as a way to build close ties between emergency managers and the facility teams they work with, a crucial step in reducing the possibility that big risks develop in the first place.

“Nothing we do proactively is going to hurt anybody,” said Trevino. “If we can get in there and develop relationships first, then when it comes time to go check on a company, and there’s a violation, we can look at it together and say, ‘that’s not a great idea’ and then come back to follow up later.”

Trevino compared the ongoing safety monitoring that would be possible in the local community under IIAR’s plan to the concept of regulating normalization of deviance.

“The further you drift away from what you know you should be doing, the more trouble you’ll be in later,” he said. “It starts with these little violations, and before you know it, you’re drifting away from the standards you know you should be following.”

“Developing these local relationships and giving AHJ’s the resources to do that work helps build the structure that prevents normalization of deviance from happening – because frequent visits and communication uphold that framework [of standards],” said Trevino. “The closer you get to the people, the bigger impact you’re going to make.”

IIAR’s Chapman said that IIAR’s plan could also help the federal government harness the efficiencies AHJ’s are well positioned to provide, by driving enforcement to the local level where an environment of frequent contact and communication can support it. Emergency management “is where coordination is the most important, where the resources are best spent, and where relationships are best served,” said Chapman. “Any preparedness and response activities occur at the local level. Rarely, if ever, do any incidents rise to the level of federal or even state response.”

This environment – where preparedness and response happen locally, but enforcement happens at the state or federal level – could be a big factor contributing to the duplication and cost of the current regulatory environment, said Chapman.

“If local implementation [of enforcement] can get a better response from industry and from AHJ’s, why not?” said Chapman. “There’s a reduced emergency response cost, and the community is in a better place because better communication means lower friction between industry and the community.”

Local implementation is also the best use for IIAR codes and standards, said Chapman, adding that IIAR’s concept would make IIAR standards the foundation of a local enforcement plan, where they can be the most effective.

Giving local AHJ’s enforcement authority and funding will naturally create a closer collaboration with industry, said Chapman, leading to a situation where “industry not only helped create the standards everyone has to follow, but there’s a natural consensus and buy-in for these standards.”

“That’s the nature of industry best practices. When you have a consensus around best practices for standards, you can’t get anything better from a safety and enforcement standpoint. Because these tools are created by the people who make and use the technology.”

Meanwhile, Mike Gray, Fire Prevention Captain for the San Antonio Fire Department, who oversees the Hazmat activities for San Antonio, said his team is exceptionally prepared to meet the challenges of local emergency response; additional federal resources for education, training and enforcement would go a long way in helping his jurisdiction proactively manage safety.

Two large ammonia facilities are currently being built in San Antonio, and the team isn’t funded well enough to do more than educate themselves and prepare as much as possible, said Capt. Gray.

“If we could carry out enforcement, that would be fantastic,” he said, adding that “right now if we were to find a problem at one of these facilities, there’s not a lot we can do. And if I can’t [proactively] address issues from my side, all I can do is prepare our guys to respond.”