CFC/HCFC Requirements & Enforcement Issues

1. CFC/HCFC Requirements & Enforcement Issues Don Gansert Managing Consultant November 20, 2008 trinityconsultants.com

2. 40 CFR Part 82 • Subpart A – Production & Consumption Controls • Subpart B – Servicing of Motor Vehicle Air Conditioners • Subpart C – Ban on Nonessential Products Containing Class I Substances & Nonessential Products Containing or Manufactured with Class II Substances • Subpart D – Federal Procurement • Subpart E – Labeling of Products Using Ozone Depleting Substances (ODS) • Subpart F – Recycling and Emissions Reduction • Subpart G – Significant New Alternatives Policy Program

3. Part 82 Subpart F Most facilities have the necessary certifications or use contractors • Recovery/recycling equipment certifications • Technician training and certifications • Leak rate calculation for equipment containing greater than 50 lbs of refrigerant (per circuit) • Maintenance, recordkeeping, & reporting requirements Common problem areas!

4. Sample Enforcement Actions Non-compliance with stratospheric ozone protection requirements is low-hanging fruit for USEPA and state agencies. $3.6 Billion in penalties for Part 82 in 1999 alone.

5. Leak Repair Provision Requirements • Each time your people or contractors add refrigerant to a system that holds > 50 lbs of a Class I or Class II compound • Promptly calculate the annualized leak rate • If leak rate > trigger rate, do one of the following • Repair leaks in a timely fashion (later slides) • Retrofit the system so no longer using a regulated CFC (within 1 year) • Retire the system from service (within 1 year)

6. Applicable Trigger Rates • Commercial refrigeration units – 35% • Industrial process refrigeration units – 35% • Comfort cooling systems – 15% • All other refrigeration systems – 15%

7. Leak Rate Calculation Method #1 –“Annualizing Method” • Step 1. Take the pounds of refrigerant added to return appliance to a full charge and divide it by the pounds of refrigerant the appliance normally contains at full charge; • Step 2. Divide 365 days by the shorter of the # of days that have passed since the last day refrigerant was added or 365 days; • Step 3. Take the # calculated in Step 1 and divide it by the # calculated in Step 2; and • Step 4. Multiply the # calculated in Step 3 by 100 to calculate a percentage

8. Leak Rate Calculation • Determines the amount of refrigerant that would leak out in a year if nothing done • Example (using “Annualizing Method”):Day 1 - Unit fully charged with 250 lbs of refrigerantDay 8 - Unit found to have lost 2 lbs of refrigerantLeak Rate = 41.7% =

9. Leak Rate Calculation Method #2 –“Rolling Average Method” • Step 1. Take sum of the quantity of refrigerant added to the appliance over the previous 365-day period (or over the period that has passed since leaks in the appliance were last repaired, if that period is less than one year); • Step 2. Divide the result of Step 1 by the quantity of refrigerant the appliance normally contains at full charge; and • Step 3. Multiply the result of Step 2 by 100 to obtain a percentage

10. Leak Repair Timeline • If leak rate exceeds applicable trigger rate, then • Repair within 30 days (not to 0% leak rate but must be less than applicable trigger rate)* • If repair within 30 days, no notification needed • If need > 30 days to repair due to delays beyond your control, must notify the USEPA to request more time • Can request up to 1 year but only the amount of time truly needed to make the repair (e.g., to receive a new part) • If cannot repair in a timely fashion, develop retrofit or retirement plan within 30 days *If industrial process shutdown needed to make repair, then have120-day repair window

11. Verification Testing Requirements • For Industrial Process Refrigeration units (and federally-owned commercial refrigeration & comfort cooling systems): • Perform an Initial Verification of the repairs upon completion (e.g., soap bubble test) • Perform a Follow-Up Verification test within 30 days after the Initial Verification test • Frequently performed as “best management practice” for other refrigerant-containing appliances to ensure success of repairs

12. If Fail Follow-up Verification Test • Must develop a retrofit or retirement plan within 30 days of the failed test • Can avoid implementing retrofit or repair plan, if • Attempt repairs again and retest within 30 days; if succeed 2nd time around, must notify USEPA that retrofit or retirement plan is not needed within 30 days, or • Demonstrate, within 180 days of the initial failed follow-up verification test, that the appliance's annual leak rate does not exceed the applicable trigger rate;must notify USEPA that retrofit or retirement plan is not needed within 30 days

13. Leak Repair – Recordkeeping & Reporting • Facilities must keep the following records for all systems with a charge > 50 lbs of a regulated CFC (required even when work is done by contractors) • The system type (e.g., Comfort Cooling) • Full charge for each system (e.g., 100 lbs of R-12) • Date & type of any maintenance and leak discoveries • Who performed the work (to verify certification) • Amount of refrigerant added • When the refrigerant added was purchased • Any leaks that were repaired and the dates of repairs • Calculated annualized leak rate • For Industrial Process Equipment leaking > trigger rate: • Date & result of Initial Verification test • Date(s) & result(s) of Follow-Up Verification test(s)

14. Common Mistakes • Assuming your contractor is handling the leak repair provisions (calculations, etc.) for you • You are responsible for violations no matter what the cause! • Not knowing which units are > 50 lbs full charge • Not performing leak rate calculations promptly, if at all • Only have 30 days to repair leaks if over trigger rate • Not performing follow-up verification tests • Not recording verification test dates & results • Incomplete service records (often just an invoice is not enough)

15. Small Appliances • Small appliances • Water fountains, refrigerators, window mounted air conditioning units, etc. • Removal of the CFC/HCFC prior to disposal • Recordkeeping requirements • Name and date of company performing work • Certification/proof • 3 year retention period

16. Summary • Develop CFC/HCFC inventory of all units • Identify the units with a capacity of 50 lbs or more • Keep all service records – 3 years • Maintain Leak Rate Calculations • Small (CFC/HCFC containing) Appliance Disposal • Keep records/certification – 3years • If you use a contractor, keep copy of the contractor’s certification on file

17. Questions?