With the recent changes to 40 CFR Part 68, EPA’s Chemical Accident Prevention provisions, facilities that are subject to these regulations, including facilities with more than 10,000 pounds of ammonia in their refrigeration systems, must now keep hot work permits covered under 40 CFR 68.85 for three years. Disposing of the permit after the hot work operation is no longer allowed.
What’s hot work according to OSHA?
Hot work is “work involving electric or gas welding, cutting, brazing, or similar flame or spark-producing operations.” Recently, one of our clients in Wisconsin asked us about a reply from the Occupational Safety and Health Administration (OSHA) asking for guidance. This blog provides our readers with additional guidance based on what we learned.
Which permits are covered?
Paragraph (a) states, “The owner or operator shall issue a hot work permit for hot work operations conducted on or near a covered process.” So what is “near?” No specific definition is found anywhere in the Code of Federal Regulations. However, look to 29 CFR 1910.252, the Fire Prevention and Protection standard under OSHA’s General Industry regulations. We find that a fire watch is required if combustibles are within 35 feet of the hot work operations and cannot be relocated. So, using a 35-foot radius is a good place to start. That being said, welding, cutting, or grinding on equipment that is merely near an ammonia refrigeration system does not pose a hazard unless there is:
Therefore, it is up to each facility to define the boundaries and circumstances that require a hot work permit for hot work operations “near” the ammonia refrigeration system.
Using Sulfur Sticks for Ammonia Detection
As if that wasn’t a big enough change, there was recently a request submitted to OSHA regarding using sulfur sticks to detect ammonia leaks and whether or not they fall under the requirements of 1910.119(k). This standard requires evaluating and permitting hot work safety precautions before the hot work commences on or around, in this case, the ammonia refrigeration system.
Many disagree with OSHA, particularly when meeting certain conditions. These include requiring a lighter with a self-closing valve or one of those newer electric arc lighters to start the smolder of the sulfur stick, as well as their prohibition from use during nearby ammonia charging or oil draining applications. Ammonia is not flammable at concentrations where a sulfur stick is useful. The equipment itself isn’t combustible, and to ignite PVC insulation and jacketing, the sulfur stick would have to be held against those materials for a long time. SCS is unaware of any citations issued regarding using sulfur sticks without a permit.
In our experience, it is rarely even discussed during inspections. The anecdotal stories of fires resulting from using sulfur sticks invariably include improper disposal or attempting to light sulfur sticks with something other than the means described above, say with a cutting torch.
However, these opinions will not likely sway an OSHA Certified Safety and Health Official (CSHO) now that they are waving the red flag. The text of the interpretation is at https://www.osha.gov/laws-regs/standardinterpretations/2024-04-30.
About the Author: Bill Lape is a Project Director for SCS’s Risk Management Group. Mr. Lape’s experience includes developing EPA Risk Management Program submittals for EPA review and approval, all aspects of preparing a PSM program, including participating in Process Hazard Analyses and preparing qualitative risk analyses. He is also experienced in developing Process Safety Information packets, drafting Piping and Instrumentation Diagrams, writing Standard Operating Procedures, and developing and conducting initial and refresher training for Ammonia Refrigeration Operators.
Additional Resources:
Uh, Oh…Here Come More Regulations That We Need to Worry About Bill Lape and Jeff Marshall discuss recent changes to federal regulations and provisions that can impact risk management plans. This is Part I of a series covering the Clean Water …
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