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Elizabeth Ortlieb, Author at Refrigerant365

Author: Elizabeth Ortlieb

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HFC Refrigerant HFC Refrigerants

What to Know About Kigali Amendment Ratification in the United States

Kigali Amendment US Ratification

On Tuesday, November 16, 2021, the White House sent the Kigali Amendment to the U.S. Senate for ratification. This move came just days after the conclusion of COP26 in Glasgow.

Now, many in the HVAC-R and refrigerant industry had anticipated that discussions at COP26 would provide more speedy and near-term momentum for refrigerants and their impact but alas.

The sequence of events—that is, the Kigali Amendment being sent to the U.S. Senate for ratification—that unfolded just days after COP26 makes up for that, at least in part, here in the U.S for many stakeholders.

Such a move did not appear out of a vacuum, either. The Biden administration had explicitly called for ratification of the Kigali Amendment earlier this year, in fact. So, it’s been anticipated for quite some time.

As you may recall, we’ve already seen the passage of the AIM Act late last year, along with its first rulemaking published in September of this year.

Both the AIM Act and the Clean Air Act have been cited as justification for the ratification of the Kigali Amendment. The push for ratification by the White House includes maintaining U.S. leadership for the development and deployment of HFC alternatives; establishing export markets for manufacturers; and creating domestic jobs.

The amendment has to first pass through the U.S. Senate’s Foreign Relations Committee before reaching the Senate floor, where it would require a two-thirds supermajority.

It will be interested to watch what unfolds in regards to the Kigali Amendment ratification in the weeks and months ahead.

With the passage of the AIM Act and its first rule already underway, many will say that ratification of the Kigali Amendment seems like second nature at this point; however, others may say the antithesis of that.

Moreover, keep in mind that 129 parties have now ratified the Kigali Amendment. And, indeed, there are trade restrictions between countries that ratify the amendment and those that do not, and such restrictions take effect in 2033.

What are your thoughts on all of this? Let me know in the comments section below.

I will be talking about this and much more in my LIVE Refrigerant Briefing for Fall 2021 on Friday, December 10th at 12:00pm CST. It’s my last Refrigerant Briefing of 2021!

Well, that concludes my latest update. As always, thanks for reading.

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Covering and curating crucial refrigerant insights around the globe, 365. That’s #Refrigerant365. Follow me across the web @Refrigerant365.

Elizabeth is the Director at Alpyne Strategy, an expertise-driven industrial marketing agency that helps you build a stronger brand with innovative marketing strategies. She leads the HVAC-R division.




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Refrigerant Roundup

Refrigerant Roundup for March 2021

refrigerant roundup for march 2021
This article is a part of my Refrigerant Roundup series which appears monthly.  March 2021 contained several important updates in the refrigerant world that you should know about, including the proposed HFC phasedown being sent to the OIRA for review; new anti-dumping duties on R-32; and more. Let’s get started. #RefrigerantRoundup

Refrigerant in the News

  • Proposed HFC phasedown sent to OMB for review —
The first major regulatory program of the AIM Act—the allowance allocation and trading program—is moving fast. Get this: On March 25, 2021, a proposed rule for the program was sent to the Office of Information and Regulatory Affairs (OIRA), which is part of the Office of Management and Budget (OMB). So, technically, it’s now pending EO 12866 Regulatory Review. Per EO 12866, an OIRA review of a rule must be done within 90 calendar days. So, we’re right on track for the AIM Act’s allowance allocation program to heat up amid the beginning of cooling season: spring or early summer. It seems.
  • Kigali Amendment being fast-tracked… But will it be ratified? —
On a similar note, the Kigali Amendment is being fast-tracked. On March 26, 2021, the U.S. Department of State sent the White House a “transmittal package” that would be eventually sent to the Senate for advice and consent to ratify Kigali, according to Lexology.com. Politico characterizes winning the necessary votes for ratification as tricky. Thus enters my question: Will it be ratified? There’s significant lobbying ongoing currently by HVAC manufacturers and environmental groups for it to be.
  • New support and resources for A2Ls announced by various organizations — 
The Air-Conditioning, Heating, and Refrigeration Institute (AHRI) published a new research report on A2Ls with Underwriters Laboratories (UL) and the Firefighter Safety Research Institute (FSRI). In addition, the Spanish refrigeration association AEFYT created a new working group for A2L refrigerants. Finally, the ESCO Institute is now offering a Low GWP Refrigerant Safety training and certification program.
  • U.S. Department of Commerce finalizes anti-dumping duties on R-32 — 
With so much focus on the AIM Act, you might have not heard about the U.S. Department of Commerce finalizing anti-dumping duties on R-32 in March. Specifically, on March 11, 2021, the Commerce published its affirmative final determination in less-than-fair-value (LTFV) investigation on R-32 from China. You can read the final notice at 86 FR 13886.
  • Delaware publishes new HFC regulations — 
On March 1, the Delaware Department of Natural Resources and Environmental Control (DNREC) published new HFC regulations that go into effect in Sept. and create a phase-down of HFCs. This move by Delaware adds on to the numerous states that already have HFC regulations.
  • Skill shortage hinders global HVAC market growth — 
New research from Guidehouse Insights, and reported by the Environment and Energy Leader here, suggests that the global HVAC market will reach $296.8 billion in 2030 (up from $218.8 billion in 2021). However, this research states that a skill shortage (e.g., lack of system knowledge to training) from numerous different facets will hamper growth. For those in the HVACR industry, this story reminds us of the responsibility to teach the youth about the opportunities that exist for those who choose the skilled trades as a career path, particularly HVAC. — Well, that concludes the Refrigerant Roundup for March 2021. As always, thanks for reading. I cover and curate crucial HVACR & refrigerant news and insights around the globe, 365. That’s #Refrigerant365. Follow me across the web… ⤵️ Instagram 👉: @refrigerant365 Twitter 👉: @Eliza3eth Stay tuned… thanks!!
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Refrigerant Roundup

Refrigerant Roundup for February 2021

This article is a part of my Refrigerant Roundup series which appears monthly.

February 2021 contained numerous refrigerant updates that you should know about, including new developments with the U.S. HFC phasedown schedule and regulations.

Let’s get started. #RefrigerantRoundup

Refrigerant in the News

  • New developments for the AIM Act and HFC phasedown schedules —

On Feb. 11, the U.S. EPA made its first action in relation to the AIM Act by publishing a notice of data availability (NODA) (86 FR 9059).

The NODA provided information on the total annual HFC production and consumption between 2011 and 2013, and it also identified potential gaps and requested comments.

Shortly thereafter, the EPA held a stakeholder meeting on Feb. 25, which

  1. detailed the agency’s first actions including the NODA and allocation rulemaking;
  2. announced sector workshops over the coming months; and
  3. sought stakeholder remarks.

For a recap of the meeting, see the slides published on the EPA’s site. One major takeaway from all of this is the fact that the phasedown allocation rulemaking has been fast-tracked with a planned signature in late April/Early May.

Focus on the AIM Act and the HFC phasedown schedule also brings attention to the Kigali Amendment.

  • U.S. may also ratify the Kigali Amendment —

The new Biden administration is pushing to ratify the Kigali Amendment of the Montreal Protocol in the near-term.

Specifically, Executive Order “Tackling the Climate Crisis at Home and Abroad” seeks the Senate’s advice and consent for ratification of the Amendment within 60 days of the order.

It will be interesting to see how this unfolds, as there is currently much debate amongst stakeholders. What are your thoughts? (People often point to the fact that trade with Parties that have not ratified the amendment will eventually be banned as one reason for need of ratification.)

  • Fatal ammonia leak at ice plant in Philippines —

A fatal ammonia refrigerant leak occurred at an ice plant in the Philippines in February; it left two workers dead, hospitalized close to 100 people, and forced the evacuation of some 3,000 residents near the plant.

After the incident, there has been calls for inspections by authorities, The Cooling Post reports. This story brings ammonia refrigeration safety to the forefront.

As you may recall, my Refrigerant Roundup for January 2021 highlighted the enforcement actions recently taken by the U.S. EPA for ammonia refrigeration systems, including a six-figure penalty for a company in Q4 as well as a settlement with another company in Q1.

Facilities with ammonia refrigeration systems may be subject to numerous compliance requirements; ensure that your facility is up-to-date with such requirements.

Especially since there’s agreement now by that such systems have been a focus by the EPA, according to an article in Lexology.

  • CARB held working group meeting on HFC regulations

In February, the California Air Resources Board (CARB) held a working group meeting on its HFC regulations for stationary refrigeration and air-conditioning equipment.

2021 will be an important year for further advancement of CARB’s HFC regulations and its refrigerant management program. I encourage you to participate in the working group meetings to keep informed and up-to-date.

  • Upcoming HVACR Events

Events

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Well, that concludes the Refrigerant Roundup for February 2021. Thanks for reading!




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Blog Refrigerant Compliance

Refrigerant Roundup for January 2021

This article is a part of my Refrigerant Roundup series which appears monthly.

January 2021 contained numerous refrigerant updates that you should know about, including significant development on the forthcoming U.S. HFC phase down; Q4 EPA compliance violations that resulted in six-figure fines related to ammonia refrigeration safety; and more.

Let’s get started. #RefrigerantRoundup

Refrigerant in the News

  • Landmark U.S. Legislation Passed to Phase Down HFCs—

The American Manufacturing and Innovation (AIM) Act, a historic, bi-partisan environmental legislation was recently passed by Congress. (To give you an idea of just how bi-partisan this initiative was, both the National Association of Manufacturers (NAM) and U.S. Chamber of Commerce, along with the Natural Resources Defense Council (NRDC), supported this initiative.)

What does this legislation mean for the HVACR industry moving forward? Well, in essence, the Aim Act starts the much anticipated HFC phase down in the U.S. at the federal level. Prior to its passage, the HFC phase down was mostly managed at the state level.

Now, this federal legislation will phase down HFC refrigerants by 85% over the next 15 years. It’s also expected to create 33,000 new U.S. manufacturing jobs as well as sustain 138,400 jobs over the next seven years and improve the U.S. trade balance in equipment and chemicals by $12.5 billion.

Thus, this landmark legislation will increase domestic production of refrigerants and help position the U.S. as a leader in low-GWP technology and climate-friendly HFC alternatives.

  • Q4 EPA Enforcement Actions Include An Ammonia Refrigeration Facility —

The EHS Daily Advisor reported that in the fourth quarter (Q4), the U.S. EPA took enforcement actions that “resulted in $4,582,755 in fines.”

Among such enforcement actions included a company that had to pay a six-figure civil penalty because it did not adequately manage compliance risks and meet requirements for an industrial refrigeration system that used anhydrous ammonia.

Several violations were found during EPA inspections. Such violations included failure to meet the following:

  1. the Clean Air Act (CAA)’s chemical accident prevention requirements;
  2. the CAA’s Risk Management Program (RMP) requirements for system hazard review, pipe and instrument labeling, operating procedures, and maintaining mechanical integrity; and
  3. the Emergency Planning and Community Right-to-Know Act (EPCRA) requirements to accurately submit chemical inventory information to state and local emergency response agencies.

The major takeaway from this story is that the EPA continues to crackdown on ammonia refrigeration safety violations, which leads me to my next story in this roundup:

  • Cold Storage Company Reaches Settlement With EPA in Q1 —

Along similar lines, just under two weeks ago, on Jan. 27, 2021, the U.S. EPA published a news release from its Region 7 (Midwest) that announced it had reached a settlement with a cold storage company “to resolve alleged violations of federal Clean Air Act Risk Management Program regulations” at several of the company’s refrigeration storage and processing facilities.

When the EPA inspected these regulated facilities, each of them “contained over 10,000 pounds of anhydrous ammonia,” which made them subject to Risk Management Program (RMP) regulations.

It’s important to note that anhydrous ammonia is a considered an extremely hazardous substance (EHS). Facilities that operate an ammonia refrigeration system are subject to the CAA’s General Duty Clause. They can also be subject to other ammonia refrigeration safety requirements including the EPA’s EPCRA, EPA’s RMP, and OSHA’s Process Safety Management (PSM).

In fact, facilities that have over 500 pounds of ammonia must complete their annual Tier II reports by March 1st ?, which is just around the corner.

  • Continued Scrutiny on HVAC Management Strategies

HVAC management strategies continue to be front and center for COVID-19 mitigation efforts. (Fun fact : Did you know the Raymond James Stadium made HVAC upgrades including increased outdoor air; increased natural ventilation; upgraded HEPA filtration; and UVC germ killing lights? ?)

For instance, FacilitiesNet featured an article “4 Strategies for Advanced Air Filtration,” which provides a quick overview of filtration-enhancement options that facility owners and managers may consider “before, beyond, and in addition to an HVAC upgrade.”

Options include portable air purification units; improved filtration with higher MERV filters; bipolar ionization; and germicidal UV.

  • Upcoming HVACR Events & Compliance Deadlines

Events

Compliance Reporting Deadlines

  • EPA Section 608 Chronically Leaking Appliance Reports: March 1 (annual)
  • California Refrigerant Management Program: March 1 (annual)
  • Tier II Reports: March 1 (annual)

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Well, that concludes the Refrigerant Roundup for January 2021. Thanks for reading!




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Personal

Featured in Humans of HVAC for their Women in HVACR series

Recently had the opportunity to be interviewed by Humans of HVAC for their #WomenInHVACR series.

Inspired by Humans of NY, Humans of HVAC (HOH), a nonprofit project of Airzone, portrays the genuine stories of those in the HVAC space from around the world.

My interview with Humans of HVAC is published on their site now, and you can learn my take on overcoming insecurities and growing in the sector: https://www.humansofhvac.com/stories/elizabeth-ortlieb-hvac-software-expert/.

Here’s a short video I made recently, in which I talk about the interview. Let me know what you think. Thanks guys!!

https://www.youtube.com/watch?v=MmD2_LzzyZo

 




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