Final RETA Breeze_V2_MarchApril _2025

RETA BREEZE

REFRIGERATING ENGINEERS & TECHNICIANS ASSOCIATION MARCH/ APRIL 2025

2025 RETA NATIONAL CONFERENCE SPOKANE CONVENTION CENTER IN SPOKANE, WASHINGTON. PAGE 8

BREEZE

The RETA Breeze is the official publication of the Refrigerating

Engineers & Technicians Association (RETA). RETA is an international not for-profit association whose mission is to enhance the professional development of industrial refrigeration operating and technical engineers. Don Chason Executive Editor 704-455-3551 Jim Barron Executive Director

Uh, Oh… Here Comes More Regulations That We Need to Worry About. Part 5

jim@reta.com Sara Louber Senior Director of Operations sara@reta.com Stephanie Date Events Manager stephanie@reta.com Scott Wilkins Education Coordinator scott@reta.com Samantha Ibarra Certification Coordinator samantha@reta.com Dan Denton Chapter Relations Liaison ddenton@reta.com

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INSIDE THIS ISSUE

Message from the President............. 4 From the Desk of the Executive Director.............................................. 6 Conference Corner 2025 RETA National Conference ............. 8 Education Corner........................... 11 Uh, Oh... Here comes more regulations that we need to worry about Part 5 .................................................. 12 RETA Membership Corner........... 19

The Shade Tree Mechanic Volume LVII ........................................ 23 The Necessity of Labels Enhancing refrigeration safety and efficiency through proper pipe-identification practices .............................................. 24 RETA Testing Corner No. 47 No One Fails a RETA Exam by Missing Only One Question .............................. 28 Certification Honor Roll................ 30

The information in this publication is based on the collective experience of industry engineers and technicians. Although the information is intended to be comprehensive and thorough, it is subject to change. The Refrigerating Engineers & Technicians Association expressly disclaims any warranty of fitness for a particular application, as well as all claims for compensatory, consequential or other damages arising out of or related to the uses of this publication. Publication of advertisements in Breeze , or any other RETA publication, does not constitute endorsement of any products, services or advertisers by RETA and shall not be considered or represented by advertiser as such. Copyright © 2025 Refrigerating Engineers & Technicians Association.

The 9 Core Traits of High Performing Companies

Why some HVAVR companies outperform and how you can too ............................ 20

REFRIGERATING ENGINEERS & TECHNICIANS ASSOCIATION 1725 Ferry St. SW, Albany, OR 97322 Telephone: 541.497.2955 | Fax: 541.497.2966 RETA.com

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2024-25 BOARD OF DIRECTORS CHAIRMAN OF THE BOARD Michael Hawkins, CARO Midatlantic Refrigeration, LLC

FROM THE DESK OF THE PRESIDENT

NATIONAL PRESIDENT David Gulcynski, CIRO Dot Foods, Inc

Hello all and I hope everyone is well! I attended a Marketing Committee meeting a few weeks ago and the subject of the RETA Heart pin was discussed. For those who are not aware of what the RETA Heart pin is and how you can earn one, it is a small pin a member will receive for making a $100 donation to a special fund specifically used for education. The money in this special fund is specifically used to improve RETA’s education efforts. As an example, if RETA HQ is charged with creating an Oil Draining Video, the money in this fund can be used to finance the cost of video production. Along with the RETA Heart, the person who donates will have their name added to the 21st Century Club. The link below will take you to the web page that explains how you can donate and displays the list of folks who have already donated and are part of the 21st Century Club. https://reta.com/ donations/fund.asp?id=10586 As an incentive, Chapters have come up with unique ways to boost donations to the 21st Century Club. As an example, The Milwaukee Chapter will conduct a 50/50 opportunity drawing at their annual holiday party. If one of their Chapter members donates $50, the Chapter picks up the second half of the donation. Everyone who donated will receive a RETA Heart, their name will go onto the 21st Century Club and they are entered in the opportunity drawing to win a prize. Some Chapters will donate $100 each year to provide their outgoing President with a RETA Heart. All efforts go toward promoting RETA Education materials and programs. There is a push from the Marketing Committee to create an annual award for the Chapter with the most RETA Heart. Said differently, which chapter made the most donations for that year.

If you have been to a RETA Conference in the past several years, you have probably heard Arlie Farley call someone out for their phone ringing during one of his presenta tions. Arlie always tells the folks in his presentations, any phone goes off while he is speaking, it’s an automatic $100 donation to the 21st Century Club. Other presenters during conference have started using the “Arlie Rule” during their presentations, generating more revenue. It’s all in fun and no one really holds anyone to the commit ment but is a fun way to get folks to donate. The RETA Heart pin is a great way to show your support for improving RETAs educa tional programs and materials. If you are a Chapter Leader and looking for ideas to get your membership involved with improving RETAs training materials, take advantage of some of the ideas shared above. If your Chapter is already doing something to promote the donations, feel free to shoot me an email with a description of what you are doing. I would love to share with others. As usual, I hope everyone is having a good healthy spring season! Thank you for reading and take Care!

EXECUTIVE VICE PRESIDENT Bill Lape, CARO, CIRO, CRST SCS Tracer Environmental

TREASURER Ray Urban, Jr, CARO Lineage Logistics SECOND VICE PRESIDENT Jeremy Murfin AC & R Specialists

BOARD OF DIRECTORS Jeremiah Armstrong

Brakebush Brothers Melissa Cassell General Refrigeration Dale Clinton, CIRO, CRST Stellar Brynn Cooksey Air Doctor Heating and Cooling Mike Davis Republic Refrigeration Ron Fetterley, CARO, CIRO, CRST Applied Process Cooling Corporate Jayson Goff CoolSys Brandon Jones, CARO Tyson Foods Eric Kaiser TruTech Tools, Ltd Jim Kovarik Gamma Graphics Service Jose Marchese Koldcraft Refrigeration Services Casey McConnaughy Johnson Controls Technical Services

Dave Gulcynski President

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INDUSTRIAL & COMMERCIAL CONTROLS

AMMONIA REFRIGERATION CONTROLS

Upgrade your system! Ammonia refrigeration is an industrial grade cooling option for large-scale systems such as food & beverage, cold storage or industrial operations.

Customized Control Systems We provide you with custom control solutions tailored to the unique needs of each industrial refrigeration facility. System Integration We integrate our control systems with existing refrigeration equipment to enhance overall functionality and efficiency. Features Our systems ensure precise temperature control, pressure regulation & flow control, maintaining optimal conditions for storage and processing in industrial refrigeration environments. Energy Efficiency We prioritize energy efficiency in our control systems, helping our clients reduce operating costs and minimize environmental impact.

Fault Detection and Diagnostics Our systems are equipped with advanced fault detection and diagnostic features, enabling proactive maintenance and minimizing downtime. Scalability Our solutions are scalable to accommodate the evolving needs of our clients' refrigeration systems, from small-scale facilities to large industrial complexes. Compliance and Safety We design our control systems to meet industry standards and regulatory requirements, ensuring compliance and promoting workplace safety.

To learn more, contact Je Hawthorne, Vice President j e h@coolairmechanical.com | 763.772.5414

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Mike Missall, CARO Summit Refrigeration Group Jodie Rukamp SCS Tracer Environmental Gary Struhar Retired Harrison Travis Sanden Vendo America, Inc

FROM THE DESK OF THE EXECUTIVE DIRECTOR

As spring unfolds and flowers begin to bloom, we're reminded that change is not only inevitable—it can be a welcome oppor- tunity. In the industrial refrigeration industry, where systems must operate efficiently and reliably under demanding conditions, change often comes in the form of evolving technologies, updated regulations, or the gradual wear and tear of equipment. While these shifts can pose challenges, they also present valuable opportunities—to improve system performance, enhance safety, reduce energy consumption, and strengthen operational reliability. Just like nature resets and renews with the seasons, embracing change in our industry means staying proactive: identifying small anomalies before they become costly failures, fine-tuning processes, and con- tinually learning. Whether it's a software upgrade, a new safety standard, or insights from maintenance data, the ability to adapt with awareness and purpose is what keeps refrigeration professionals—and their systems—running strong. Change, when met with the right mindset, isn’t a disruption; it’s a catalyst for long-term improvement. Change in your system might come in subtle forms: non-condensable gases building up, oil accumulating in flooded evaporators, sensor drift, or motor bearings beginning to fail unnoticed—until it's too late and a major breakdown occurs. The message isn’t to prevent change—it’s to recognize it and respond effectively. As operators, you must remain alert and use your monitoring tools to detect early signs of trouble, then take action to steer the system back on course. RETA is doing just that this spring. The Association has evolved significantly over the past twelve years, embracing change as a necessary and valuable part of progress. As the industry grows more complex—with new technologies, regulatory demands, and operational expectations—RETA has responded by continuously adapting to meet the needs of its members and the

refrigeration community at large. To continue moving forward, we must not only acknowledge change but also understand its drivers and respond with purpose. That means staying ahead of technical advancements, maintaining high standards in education and certification, and fostering a culture of knowledge sharing. RETA is living that commitment every day: new members are bringing fresh perspectives, updated educational materials and books are being developed to reflect current best practices, leadership on the Board evolves to bring in new ideas, and new local Chapters are forming to strengthen the support network for tech- nicians and operators across the country. This spirit of adaptation and growth is what keeps RETA strong—and what will carry the Association into the future. Change is not just something we navigate; it’s something we lead. As a member of this ever-evolving association, you have the opportunity to be part of that journey: learn continuously, invest in your professional development, mentor others, and help shape the future of industrial refrigeration. Change is good. Managed change is better. Change that strengthens our community and enhances our industry—now that’s the best kind of change. Be an active part of this evolving commu nity. Invest in your growth. Learn new skills. Share your knowledge. Celebrate the positive outcomes that come from adapting and moving forward.

COMMITTEE CHAIRS Certification: Lee Pyle, CARO SCS Engineers National Conference: Jim Kovarik Gamma Graphics Services Education: Don Tragethon, CIRO, CRST, RAI Retired Publications: Vern Sanderson, CIRO, CRST, RAI Schwan’s Company Marketing: Jodie Rukamp SCS Engineers Membership: Jason Daniell, CIRO APSM As a non-profit association, RETA is governed by a board elected by its members. RETA was pleased to announce the 2024/2025 Officers and Board of Directors at the Annual Business Meeting, held at the National Conference in Grapevine, Texas. RETA board members serve a 3-year term and volunteer their time and energy to directly impact our community and association. The 16-member board and 5-member executive committee aim for both diversity of perspective and depth of expertise. There is a strength with our staggered terms and the Board is always changing. RETA Executive Director, Jim Barron congratulates and welcomes all new members to the board. We thank our outgoing members and welcome new members, as well as extend a heartfelt thanks to Directors past, present, and future for their contributions and dedication to RETA’s mission.

Be Blessed, Jim Barron

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30 UNDER 30 LEADERS

GROW OUR FUTURE RETA 30 Under 30 honorees are young professionals that stand out among their peers in the refrigeration community and exhibit: • Leadership and strong character • Commitment to education • Refrigeration knowledge and technical abilities • Achievements within their company • Contributions to the industry

The RETA 30 Under 30 celebrates young professionals in the refrigeration community.

Nominate a professional(s) working in refrigeration aged 30 or under that models excellence in knowledge, ability, leadership, integrity, and contribution to the industry. Any industry professional, regardless of association membership or affiliation, is eligible as a candidate for nomination. We

do not limit the number of years a professional can be selected as a finalist. Finalists will be chosen by industry peers on the Marketing 30 Under 30 subcommittee, recognized at our National Conference, and featured in the RETA Breeze, on social media, and the RETA website.

Nominate candidates for the Class of 2025 beginning in MARCH at RETA.ORG!

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CONFERENCE CORNER

2025 RETA NATIONAL

CONFERENCE SPOKANE CONVENTION CENTER IN SPOKANE, WASHINGTON.

Spokane Monroe Bridge Falls

carefully reviewed and graded all submis sions. With so many great topics submitted, the selection process wasn’t easy! Additional Workshops and Courses Saturday, October 18th-Monday, October 20th CARO Review Course CIRO Review Course CRST Review Course CRES Review Course Train the Trainer Monday, October 20th Management of Change (MOC) Workshop Thursday, October 23rd WiNR Workshop

The 2025 RETA National Conference is just a few months out and provides a forum for attendees to learn about the latest trends, technologies, and best practices in the industry, as well as to network and exchange ideas with their peers. Join us October 20th-24th, at the Spokane Convention Center in Spokane, Washington.

EARN YOUR PDH CREDITS! The RETA National Conference is your go-to event for earning a ton of PDH Credits all in one place—something you won’t find just anywhere! You’ll have plenty of ways to rack up those credits, whether it’s through tech- nical presentations, workshops, hands- on sessions, or company hot points. This year’s lineup of Technical Topics, Hands-On Sessions, Workshops, and Hot Points Sessions is packed with valuable insights and practical knowledge that you can take straight back to your workplace. Our “Call for Abstracts” is officially closed, and our Technical Review Committee has

By Stephanie Date, RETA Events Manager

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Skyride over the Spokane Falls

Spokane River Centennial Trail

Spokane Monroe Bridge

Barrister Winery-Courtyard

RETA Awards Night RETA After Hours & Casino Lounge Friday, October 24th Big Ticket Drawing THINGS TO DO IN SPOKANE October is a beautiful time to explore Spokane, Washington! With crisp autumn air and vibrant fall foliage, the city offers plenty of activities to enjoy. Take a stroll through Riverfront Park, where you can ride the SkyRide over Spokane Falls for breathtaking views. Visit Green Bluff to pick apples, sip cider, and experience charming local farms. Wine lovers can explore Spokane’s vibrant wineries and tasting rooms, while history buffs can visit the Northwest Museum of Arts & Culture. If you’re feeling adventurous, hike the scenic trails at Riverside State Park or take a relaxing walk along the Centennial Trail. Whether you’re looking for outdoor

adventures, cultural experiences, or great dining, Spokane has something for every- one! Go to www.visitspokane.com for more information. GUEST PROGRAM The RETA National Conference isn’t just about learning—it’s also a great chance to mix business with fun! If your spouse or companion is coming along to Spokane, they’ll love our exclusive guest program, which features a variety of special events, activities, and exciting off-site adventures. You can find the full schedule of guest program events by visiting www.RETA.com and selecting the 2025 Conference. Please note: The guest program is only available to spouses or companions of registered attendees. During registration, you’ll have the option to add your spouse or companion to your registration package

NETWORKING AND SOCIAL EVENTS Sunday, October 19th Past Presidents Dinner (by invitation only) Monday, October 20th WiNR Reception Monday Night Event – NW Pacific Wonder land Tuesday, October 21st RETA Business Meeting & General Session Exhibit Hall Opening Reception RETA After Hours Lounge Wednesday, October 22nd RETA Rumble Trivia First Timers Reception Exhibitor Free Time

RETA After Hours Lounge Thursday, October 23rd Chapter Leaders Lunch Reception Pre-Awards Mix n Mingle

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HOTEL INFORMATION For your stay in Spokane, we have partnered with The Davenport Grand, Auto graph Collection, and the DoubleTree by Hilton Hotel Spokane City Center. You can book your accommodations through our official hotel reservation site, available at www.RETA.org under the 2025 Conference section or by calling the hotel directly. Remember to mention RETA for the group rate.

The Davenport Grand, Autograph Collection 333 W Spokane Falls Blvd Spokane, WA 99201 (509) 458-3330

Green Bluff Farmhouse

CONFERENCE REGISTRATION The registration portal for the 2025 National Conference opens in May 2025. Attendees can sign up for the Conference,

Review Courses, Workshops, Guest Program, social events, and more.

SPONSORS & EXHIBITORS A huge thank you to all our partners who supported the 2024 RETA National Conference! Your sponsorship and exhibitor participation make it possible for us to provide top-notch educational experiences and uphold our commitment to safety in the refrigeration industry. Sponsorship and exhibitor opportunities for the 2025 Conference are now open! If you're interested in being part of RETA 2025, we have a variety of opportunities available. Please contact Stephanie Date at Stephanie@reta.org for more details. There’s no limit to what you can learn, achieve, and take away from this year’s 2025 RETA National Conference. We look forward to seeing you in Spokane, Washington!

DoubleTree by Hilton Hotel Spokane City Center 322 N Spokane Falls Ct Spokane, WA 99201 (509) 455-9600

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EDUCATION CORNER

While developing the presentation I dove deep into some of the history of refrigerants. Which leads to the fact that I think many of us know there isn’t really anything new in refrigerants, just new ways to use them and different combinations of chemicals, along with the tried-and-true naturals that have been used throughout our history. CO2 is being considered by many in the industry, but once again this is not a new refrigerant, as it has been used and recognized from the beginning. However, it wasn’t until this last series of changes (Ozone Depletion Potential and Global Warming Potential being the biggest driving forces), arose that have led us to develop the equipment needed and the level of understand ing, to make CO2 a truly viable option. This leads the industry to today, where education is as or more critical than any other time in our history. This situation is also not new, much like the refrigerant topic discussed here. However, we do live in different times, and as our systems have evolved to handle refrigerants like CO2 our way of training needs to also evolve. Most of our industry, and the world, finds making time for training difficult at best in today’s fast-moving environ

ment. Combine this with the fact that we don’t have enough trained people to do the work and we will see our industry continue to head toward more difficult times. Looking at the past may help us find some answers. In the past, individuals learned a trade through an apprenticeship, thus making training a year-round affair rather than a once-a-year check the box task item…or worse, just filling the need with a person who hasn’t been trained. Technicians and operators must be made, they don’t just appear! We need to look at ways to train people while they work rather than take the few people we have away from their daily tasks; apprenticeship type programs might hold some answers. This or other options not discussed in this short article won’t be easy to develop, but the alternative is to continue to complain about the fact we don’t have enough people, until it might be too late. Whatever new ideas we bring forward in development will take all of us working together for a better future- -owners, managers and workers.

Owners get their operational needs fulfilled, mangers get the technicians they need with proper training, while workers find a career path that leads to a successful future. Just like the presentation I just gave at AHR Expo, this article is not meant to give all the answers, but rather create thought to inspire dreams and drive action. This is our industry, and it is our responsibility to protect it much like a child. So let’s get busy finding the answers so we can stop fretting over the issues we face, such as the huge lack of trained individuals. RETA/RSES will continue to develop and improve its educational materials, such as what is already happening with the current review of IR-I and the rewrite of the Co2 book. But we all need to start working together to answer one of the most dire needs we have in our industry today--trained operators and service techs. Refrigerants will come and go, but they aren’t worth much without trained individuals to use them. Blessings! Scott Melton

scott@reta.com 1-509-833-5258

YOU’VE GOT A QUESTION FOR RETA HQ…

RETA HQ is open from 7:30 am to 5:00 pm (PST) Monday-Friday. Please contact us at 541-497-2955 or TOLL FREE 1-844-801-3711. You may also reach us by fax 541-497 2966 or the website www.RETA.com.

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UH, OH... HERE COMES MORE REGULATIONS THAT WE NEED TO WORRY ABOUT.

PART

5

In the last issue of the Breeze, I began the process of describing the changes to 40 CFR Part 68 and providing possible means for achieving compliance. This month’s article will continue that process.

best estimates of the nature of the accidental release. The owner or operator may satisfy the requirement in this paragraph (b)(3) through notification mechanisms designed to meet other Federal, State, or local notification requirements, provided the notification meets the requirements of this paragraph (b)(3), as appropriate; The second adds an additional require ment to be considered as “ non-respond ing.” 40 CFR 68.90(b)(6) states: “The owner or operator maintains and implements, as necessary, procedures for informing the public and the appropriate Fed eral, State,

EMERGENCY RESPONSE RULE CHANGES TO 40 CFR 68.90 (EPA 40CFR68.90, 2024) Several changes have been made to the requirements for identifying as a “non responding” source. These explicitly list items that were typically inferred as being required previously. The first adds text to the requirement that appropriate mechanisms are in place to notify emergency responders when there is a need for a response, including providing timely data and information detailing the current understanding and

By Bill Lape, SCS Engineers

12 RETA.com

and local emergency response agencies about accidental releases and partnering with these response agencies to ensure that a community notification system is in place to warn the public within the area potentially threatened by the accidental release. Documentation of the partner ship shall be maintained in accordance with § 68.93(c).” STRATEGIES FOR COMPLIANCE To comply with these changes, the facility’s Emergency Action Plan (EAP) needs to be reviewed, and possibly updated. First, ensure that all agencies that may need to be notified are included in the emergency notification list. This includes the National Response Center, the State Emergency Response Commission (SERC), as defined in each state, and the Local Emergency Planning Committee (LEPC), as defined by each state, and often by each county or city. It is important to bear in mind that if a facility is located close to a border, there may be multiple SERCs or LEPCs that would potentially need to be notified. In addition, some states have additional reporting require ments, often Department of Natural Resources or some other environmental related agency. Also, the triggers for notifying the U.S. Chemical Safety Board (CSB) and how do so should also be included. A flowchart detailing the triggers for CSB notification is included in Figure 1. Second, when to call must also be clearly defined in the EAP. The first option would be to simply identify the triggers set by the Federal government for calling the NRC, and as set by the state for calling the SERC and the LEPC. For instance, the EAP for a facility could state that the NRC must be called if the incident has released more than 100 pounds of ammonia in less than 24 hours. If the facility is in Massachusetts, the state and local calls would be triggered if more than 10 pounds of ammonia was released in less than 24 hours. How to determine those amounts? Often it is difficult, if not impossible, to have an accurate idea of how much has been released. Option 2 would be to call every time ammonia is released. However, with these calls being public record, it would not reflect well on the facility’s owner or operator if every nuisance packing leak

AMMONIA RELEASE/INCIDENT CSB REPORTING PROCESS CHART

Significant Property Damage? See Definition

NO

NO

NO

AMMONIA RELEASE OR INCIDENT

Serious injury? See Definition

No CSB Report Necessary

Fatality?

YES

YES

YES

CSB Reporting Definitions:

DEFINITIONS Release - only spilling, looking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, Significant property damage is defined as equal to or greater then $1,000,000 Reportable quantity (RQ) - chemical release above the threshold that triggers federal and/or State emergency release notifications requirements Serious injury is defined as formal admission to the hospital for inpatient treatment or disposing into the environment.

(3) CSB 202 261 /600 Report@csb.gov

Call or email within 30 minutes of notifying the NRC

YES

Follow Up Report

NRC Notified?

Within 30 days

Call or email within 8 hours of becoming aware of the release

NO

Required to the report the following: 1.

7. Chemical: Anhydrous Ammonia, CAS# 7664-41-7 Estimated quantity released to environment — stating “Unknown at this time” is allowed If known, the number of fatalities 10. If known, the number of serious injuries 11. Estimated property damage at or outside of the facility 12. Whether the release has resulted in an evacuation order, and, if known: 1. The number of persons evacuated 2. Approximate radius of the evacuation zone 3. The type of person subject to evacuation (i.e., employees, members of the general public, or both) 8. 9.

Your name & contact information of Owner/operator Your name & contact information of person making the report Location information and facility identifier Approximate time of release. Brief description of accidental release Indication of whether one or more of the following occurred: 1. Fire; 2. Explosion; 3. Death; 4. Serious injury; or 5. Property Damage;

2.

3.

4. 5.

6.

NRC - National response center NH 3 - Ammonia Chemical Formula CSB - Chemical Safety Board

Figure 1: USCSB Notification Flowchart

Other criteria that could be added to the above list based upon the difficulty of determining a release amount: • Any safety relief valve lift to atmo sphere • Condenser tube leak Finally, be sure to include in the EAP a list of personnel who are authorized and trained to make the notifications and include a statement in the EAP indicating that the local first responders will notify the public, if they deem it warranted, in the event of an accidental release. With these new requirements, be sure to comply with the coordination require ments in 40 CFR 68.93, or at least document the annual attempts to do so, and conduct the notification exercise

was reported. A better option would be to create easy to follow guidelines for calling that ensure that all reportable releases are reported but limits how many incidents that don’t require notification are reported. Some example criteria that could be used to trigger notification are as follows: • Measured PPM over the IDLH, or over the limits of the facility’s PPE, whichever is lower. • Pool or a spray of liquid ammonia • Visible cloud of ammonia (not including whisps from a valve packing) Leak does not meet the above criteria but lasts longer than a pre-determined number of minutes •

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required under 40 CFR 68.96(a) on an annual basis. While the recent changes are due May 10, 2027, the coordination requirement was first due in 2018 and the deadline to conduct the first notification exercise is December 19, 2024. RULE CHANGES TO 40 CFR 68.95 (EPA 40CFR68.95, 2024) Several changes have been made to the requirements for “responding” sources. First, 40 CFR 68.95(a)(1)(i) required the inclu sion of “procedures for informing the public and the appropriate Federal, State, and local emergency response agencies about accidental releases,” but now includes the additional requirement of “partnering with these response agencies to ensure that a community notification system is in place to warn the public within the area potentially threatened by the accidental release. Documentation of the partnership shall be maintained in accordance with § 68.93(c).” One other informational change is the addition of the same text as was found in the section on the requirements for “non-responding” sources. The regulations note that “responding” facilities’ ERPs “shall include providing timely data and informa tion detailing the current understanding and best estimates of the nature of the release when an accidental release occurs and be coordinated with the community emergency response plan developed under 42 U.S.C. 11003. The owner or operator may satisfy the requirement of this paragraph (c) through notification mechanisms designed to meet other Federal, State, or local notification requirements, provided the notification meets the requirements of this paragraph (c), as appropriate.” STRATEGIES FOR COMPLIANCE With these new requirements, ensure that the plan includes the appropriate release notification mechanisms as discussed previously. Also, as with the “non-responding” sources, be sure to comply with the coordination requirements in 40 CFR 68.93, or at least document the annual attempts to do so, and conduct the notification exercise required under 40 CFR 68.96(a) on an annual basis. If the local response agencies agree to coordinate with the facility, be sure to discuss methods of notifying the public

and ensure that the ERP is updated to reflect the results of that conversation. As mentioned previously, while the recent changes are due May 10, 2027, the coordi nation requirement was first due in 2018 and the deadline to conduct the first notification exercise is December 19, 2024. RULE CHANGES TO 40 CFR 68.96 (EPA 40CFR68.96, 2024) With the new regulatory changes “respond ing” sources are once again required to conduct field exercises with the local response agencies at least once every ten years, with the first one due by March 15, 2027. 40 CFR 68.96(b)(1) also states that if the local emergency response agencies feel that such frequency is impractical, they must document it in writing. In addition, if local emergency response agencies agree, “the owner or operator shall consult with local emergency response officials to establish an alternate appropriate frequen cy for field exercises.” STRATEGIES FOR COMPLIANCE Be sure to comply with the coordination requirements in 40 CFR 68.93, or at least document the annual attempts to do so. If the local response agencies do not wish to conduct field exercises at least once every ten years, ensure that not only is that documented in writing, but also what is determined to be an appropriate frequency for such exercises. It should be noted that local responders are unlikely to state that such exercises have no merit and do not need to be conducted. It is more likely that the response agencies will state their desired frequency. It is also likely that as deadlines approach, the frequency of such exercises may slip. It is important should this happen that docu mentation is provided by the response agencies to help the facility avoid possible citations. The best method of ensuring that field exercises, and tabletop exercises, for that matter, are conducted on the required frequency is to build a relationship with the local response agencies. The best way to achieve this is to join the Local Emergency Planning Committee and participate in the meetings.

INCIDENT INVESTIGATION RULE CHANGES TO 40 CFR 68.81 (EPA 40CFR68 SUBPART D, 2024) The new regulations have established several incident investigation requirements when the in incident meets the accident history reporting requirements under §68.42, which include on-site injuries, deaths, and significant property damage, and known off-site deaths, injuries, property damage, environmental damage, evacua tions, or shelters-in-place. First, such reports on such incidents must be completed within 12 months of the incident, unless the implementing agency (e.g. EPA) approves, in writing, of an extension. Second, the report on such incidents must include root causes. STRATEGIES FOR COMPLIANCE To comply with this change requires that the incident investigation program be updated to define the due dates for the report and the criteria that triggers those due dates. In addition, a root cause analysis technique, such as the 5-why technique, should be selected and identified in the program. The final step to complying with this change in requirements is to train facility or corporate personnel who are responsible for conducting incident investigations on the use of the selected root cause tech nique. The deadline for compliance with this part is May 10, 2027. COMPLIANCE AUDITS RULE CHANGES TO 40 CFR 68.79 (EPA 40CFR68 SUBPART D, 2024) With the new regulations a return to the third part audit requirement from the 2017 changes has occurred with some minor modifications. The new regulation requires that the next required compliance audit must be a third party audit when the facility experiences an RMP reportable accident as defined in §68.42(a) or “when an imple menting agency requires a third-party audit due to conditions at the stationary source that could lead to an accidental release of a regulated substance, or when a previous third-party audit failed to meet the competency or independence criteria of §68.80(c).” Appeals to the third-party audit

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requirement are possible. The appeals process is detailed in 40 CFR 68.79(g). It is important to note that while the regulation allows for the third-party audit to be completed in the timeframe corresponding to the next regular compliance audit, the implementing agency may require that it be conducted sooner. RULE CHANGES TO 40 CFR 68.80 (EPA 40CFR68 SUBPART D, 2024) The third-party audit team must be led by a third-party auditor meeting the compe tency and independence requirements outlined in paragraph (c). Any team members working for the third-party auditor’s firm must also meet the indepen dence requirements of paragraph (c)(2). The third-party auditor must be knowledge able in the 40 CFR Part 68 regulations, experienced with ammonia refrigeration system audits and in applicable recognized and generally accepted good engineering practices (RAGAGEP), and trained or certified in proper auditing techniques. The owner or operator of the facility being audited must determine and document that the third-party auditor meets these requirements.

The third-party auditors must act impar tially when auditing the facility and developing the audit report. They must receive no financial benefit from the outcome of the audit, apart from payment for the auditing services. All third-party personnel involved in the audit must sign and date a conflict-of-interest statement documenting that they meet the indepen dence criteria. The regulations do allow for retired employees of the company being audited may qualify as independent if their sole continuing financial attachments to the owner or operator are employer financed retirement and/or health plans. The third-party audit firm must have written policies and procedures to ensure that all personnel comply with the competency and independence requirements. Also, the firm must ensure that all third-party personnel involved in the audit do not accept future employment with the owner or operator of the stationary source for a period of at least two years following submission of the final audit report. However, they are allowed to conduct additional third-party audits in the two-year time frame, should the owner or operator need them.

The audit report must include the policies and procedures that the third part audit firm has put in place to ensure competency and independence is maintained. It also must include the summaries of qualifica tions for all team members, along with information demonstrating that all third party auditors meet the competency requirements. Finally, any significant revisions between the draft and final versions of the report must be summarized within the final report. The regulation, in 40 CFR 68.80(e) defines specific certification language that must be included in the report: “I certify that this RMP compliance audit report was prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the informa tion upon which the audit is based. I further certify that the audit was conducted and this report was prepared pursuant to the requirements of subpart D of 40 CFR part 68 and all other applicable auditing, compe tency, independence, impartiality, and conflict of interest standards and protocols. Based on my personal knowledge and

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experience, and inquiry of personnel involved in the audit, the information submitted herein is true, accurate, and complete.” Once the final audit report is received, the owner or operator must develop a findings response report as soon as possible, but no later than 90 days after receiving the final audit report. This report must contain: • A copy of the final audit report • An appropriate response to each of the audit report findings • A schedule for promptly addressing deficiencies • A certification, signed and dated by a senior corporate officer, or an official in an equivalent position, of the owner or operator of the facility. This certification must also use lan guage spelled out in the regulations: “I certify under penalty of law that I have engaged a third party to perform or lead an audit team to conduct a third-party audit in accordance with the requirements of 40 CFR 68.80 and that the attached RMP compliance audit report was received, reviewed, and responded to under my direction or supervision by qualified personnel. I further certify that appropriate responses to the findings have been identified and deficiencies were corrected, or are being corrected, consistent with the requirements of subpart D of 40 CFR part 68, as documented herein. Based on my personal knowledge and experience, or inquiry of personnel involved in evaluating the report findings and determining appropriate responses to the findings, the information submitted herein is true, accurate, and complete. I am aware that there are significant penalties for making false material statements, representations, or certifications, including the possibility of fines and imprisonment for knowing violations.” The owner or operator must implement the schedule to address deficiencies identified in the audit findings response report and must document the action taken to address each deficiency and the date that the action was completed. The finding response report and the

documentation of the documentation detailing the addressing of the findings must be submitted to the owner or operator's audit committee of the Board of Directors, or other comparable committee or individual, if applicable. The two most recent final third-party audit reports, their associated finding response reports, and the documentation of actions taken to address deficiencies must be kept on hand. STRATEGIES FOR COMPLIANCE Update your Compliance Audit Program detailing the triggers for conducting a third-party audit, as well as the require ments for conducting such audits. This should include how to evaluate a third party auditor’s competency and indepen dence, a list of the documentation required in the audit report, and how to develop a finding response report. It should also include details on required communication related to the third-party audit, including submitting the documentation to the senior corporate officer for certification, submitting the certified documentation to the implementing agency, and communi cating the information to the audit committee of the Board of Directors, or other comparable committee or individual. Note that it is vitally important that the senior corporate officers and the audit committee of the Board of Directors, as well as Facility Management, understand their responsibilities when third-party audits are to be conducted. This training should also include the criteria for RMP reportable accidents and the importance of avoiding them. The deadline to comply with this part is May 10, 2027. AVAILABILITY OF INFORMA TION TO THE PUBLIC RULE CHANGES TO 40 CFR 68.210 (EPA 40CFR68.210, 2024) A requirement to make information available to the public was first introduced in the 2017 regulatory changes. With the 2024 changes, there are some new requirements. First, the RMP is required to be made available to the public. This has been implemented by the EPA using a web site presented earlier.

Second, the public meeting requirement, as implemented in the 2019 changes is still triggered by an RMP reportable accident with known offsite consequences. Third, the owner or operator must now make the following information available to any member of the public residing, working, or spending a significant time within 6 miles of the fenceline of the stationary source: 1. Regulated substances information. Names of regulated substances held in a process 2. Safety Data Sheets. SDSs for all regulated substances located at the facility 3. Accident history information. Provide the five-year accident history informa tion required to be reported under § 68.42 4. Emergency response program. The following summary information concerning the stationary source's compliance with § 68.10(f)(3) and the emergency response provisions of subpart E of this part as applicable: a. Whether the stationary source is a responding stationary source or a non-responding stationary source b. Name and phone number of local emergency response c. For stationary sources subject to § 68.95, procedures for informing the public and local emergency response agencies about accidental releases; 5. Exercises. A list of scheduled exercises, excluding dates, required under § 68.96 occurring within one year from the date of request 6. LEPC contact information. Include LEPC name, phone number, and web address as available 7. Declined recommendations and justifications. Include declined recommendations and justifications required under §§ 68.170(e)(7) and 68.175(e)(7) through (9) organizations with which the owner or operator last coor- dinated emergency response efforts, pursuant to § 68.180

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The information must be made available in English or in at least any two other commonly spoken languages by the population potentially affected. The owner or operator must provide on- going notification on a company website, social media platforms, or through other publicly accessible means that: 1. Information specified in paragraph (d) of this section is available to the public residing, working, or spending significant time within 6 miles of the stationary source upon request. The notification shall: a. Specify the information elements, identified in paragraph (d) of this section, that can be requested b. Provide instructions for how to request the information including verification of presence within 6-miles (e.g., email, mailing address, and/or telephone or website request) 2. Identify where to access information on community preparedness, if available, including shelter-in-place and evacuation procedures.

This information must be provided within 45 days of receiving a request. Records of requests must be kept for five years. The deadline for implementing this system for information requests is May 10, 2027. STRATEGIES FOR COMPLIANCE Implementation of a system to comply with this part can take any one of probably 100 different directions and it is outside the scope of this article to fully evaluate each of the possible means of implement ing each part of this requirement. How ever, there are some serious questions that must be asked as soon as possible, so that answers can be developed with enough time to implement a compliant system. Here are some of the questions that need to be asked, along with some, but certainly not, of the possibilities. 1. How will requests be submitted? 2. Who will manage the requests? a. Facility personnel i. New job responsibility for existing position? ii. Do the personnel with the knowledge to field the

requests have the margin for the additional responsibility, especially if there is a flood of requests? iii. New position?

b. Corporate role

i. New job responsibility for existing position? ii. New position?

3. Where will the information be kept? 4. How will the information be kept up to date? 5. How will requests be vetted to determine if they come from a requestor that meets the criteria? 6. What is “significant time” and how is that determined? 7. How will the information be provided? 8. How are available languages deter mined? 9. How are language translations going to be accomplished? As should be evident from the list of questions, there are multiple stakeholders

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who will be needed to implement a program to comply with this requirement. This includes personnel from operations, risk, environmental, health & safety, IT, legal, and, of course, senior c-suite executives. RMP ESUBMIT RULE CHANGES TO 40 CFR 68.160-175 (EPA 40CFR68 SUBPART G, 2024) To wrap up the changes, there are several new items that will be required to be reported on the RMP submittal. The following list of items must be submitted prior to May 10, 2028: 1. Method of communication and working, or spending significant time within 6 miles of the stationary source, pursuant to § 68.210(d). 2. Inherently safer technology or design measures implemented since the last PHA, if any, and the technology category (substitution, minimization, simplification and/or moderation). – location of the notification that chemical hazard information is available to the public residing,

not applicable to most facilities with ammonia refrigeration 3. Recommendations declined from natural hazard, power loss, and siting hazard evaluations and justifications. 4. Recommendations declined from designed and constructed and the most current version of applicable codes, standards, or practices. 5. The date of the most recent compli ance audit; the expected date of completion of any changes resulting from the compliance audit and identification of whether the most recent compliance audit was a safety gaps between codes, standards, or practices to which the process was third-party audit, pursuant to §§ 68.79 and 68.80; and findings declined from third-party compliance audits and justifications. It is important to note that if a facility’s RMP resubmission is due prior to the deadline of May 10, 2028, two resubmissions may be required. It is to the facility’s advantage to implement as many of the new require

ments prior to their next scheduled resubmission. With the myriad of changes to the RMP provisions and the relatively short timeframe for implementing some complicated requirements prior to their deadlines, it is important to for each owner or operator to start the process as soon as possible. Review each new requirement. Identify the party responsible for each section’s update. Create teams to address a requirement, if necessary. Identify the tasks required to complete the requirements to comply with each section. Develop a schedule to complete the tasks. Hold people accountable and reach out for help if progress is stalled. Please feel free to email me with questions at NH3isB2L@gmail.com. Bill Lape is Project Director for SCS Engineers. Bill is a Certified Industrial Refrigeration Operator, a Certified Refrigeration Service Technician, and is the current Executive Vice President of the Refrigerating Engineers and Technicians Association.

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