Technician’s Guide and Workbook for the EPA Section 608 Test Section 3: Core Part 2

The Clean Air Act and Montreal Protocol Topics in this section: Clean Air Act Significant New Alternatives Policy (SNAP) CFC phaseout date HCFC (R-22) phaseout date Venting prohibition at servicing Venting prohibition at disposal Venting prohibition on substitute refrigerants and SNAP Maximum penalty under Clean Air Act Montreal Protocol (the international agreement to phase out production of ozone-depleting substances)

Clean Air Act (CAA) The CAA defines the EPA’s responsibilities for protecting and improving the nation’s air quality and the stratospheric ozone layer. Section 608 of the CAA establishes the National Recycling and Emission Reduction Program. It also prohibits individuals from intentionally venting ODS refrigerants (including CFCs and HCFCs) and their substitutes (such as HFCs) when maintaining, servicing, repairing, or disposing of air conditioning or refrigeration equipment. The purpose of the 608 program is to: Prohibit the release of CFCs, HCFCs, their blends, and substitute refrigerants during equipment service, maintenance and repair, and at the end of equipment life. Reduce the use and emission of CFCs and HCFCs. Maximize the recapture and recycling of CFCs and HCFCs. Ensure the safe disposal of CFCs, HCFCs, and their blends.

CFC-12 or R-12

HCFC-22 or R-22

EPA Regulations EPA regulations (40 CFR Part 82, Subpart F) under Section 608 of the CAA address the handling and recycling of refrigerants used in stationary refrigeration and air conditioning systems. Regulations (40 CFR Part 82, Subpart B) under Section 609 of the CAA specifically address the servicing of motor vehicle air conditioners (MVACs). Although MVACs are included in the definition of appliances in Section 608, they are not subject to the servicing requirements under Section 608 because their service and repair are addressed in Section 609. Procedures involving MVACs that are not covered by Section 609, such as the disposal of MVACs and the purchase of refrigerant for use in MVACs, are covered in Section 608.

Significant New Alternatives Policy (SNAP) The foundation for the EPA’s regulatory efforts to adopt more ozone-friendly alternatives is the Significant New Alternatives Policy (SNAP) program (see Figure 6). The SNAP program was launched in 1994 to ensure a smooth transition to practical, safe, and economically feasible alternatives across multiple industrial, consumer, and military sectors. SNAP provides a framework for the EPA to evaluate health and environmental impacts of alternatives to existing ODSes. Based on these evaluations, the EPA determines which substitutes are acceptable, which are acceptable with conditions, and which are unacceptable. Through the SNAP program, the EPA has approved more than 300 alternatives for more than 60 industrial, commercial, and consumer end uses.

UV Overexposure Over the last 30 years, the incidence of skin cancer has risen from 1 in 1,500 to 1 in 75. Melanoma, the most fatal form of skin cancer, is currently the number one killer of young women aged 25-29. Researchers believe that overexposure to UV is one factor contributing to the increase in melanoma. By the year 2165, actions to protect and restore the ozone layer will save an estimated 6.3 million U.S. lives that would have otherwise been lost to skin cancer. The Intergovernmental Panel on Climate Change (IPCC) has noted that the global decline in emissions of ODSes has produced substantial climate benefits. The combined emissions of CFCs, HCFCs, and HFCs have fallen from about 33 percent of annual carbon dioxide emissions from fossil fuel combustion in 1990 to about 10 percent in the year 2000. However, the EPA will continue to encourage research and to evaluate ozone-friendly alternatives that have low GWP.

Ozone Healing Since healing the ozone layer is expected to take many years, the EPA plans to speed up the recovery process for the ozone layer. Among its near-term plans: Complete the ODS phase-out. Continue educating the public, especially children, on how to protect themselves from UV exposure through the SunWise program. Continue to implement innovative, flexible regulatory approaches. Continue to foster domestic and international partnerships to protect the ozone layer. Encourage the development of products, technologies, and initiatives that reap co-benefits in climate change and energy efficiency.

Accelerated Schedule On March 14, 2007, the EPA, with the Department of State and the National Oceanic and Atmospheric Administration, put forth a U.S. proposal to adjust the Montreal Protocol and accelerate the phase-out of HCFCs. Several other countries also submitted proposals. The U.S. proposal included four elements that can be considered individually or as a package: Accelerating the phase-out date of HCFCs by 10 years. Adding interim reduction steps. Setting an earlier baseline. Making a top priority phasing out the HCFCs that are most damaging to the ozone layer.   The updated proposal furthers U.S. efforts to address ozone layer protection, cleaner air, and climate change by calling on the global community to also act more quickly in phasing out HCFCs. It is important to note that individual states may pass laws that are stricter than the existing Clean Air Act, EPA rulings, and SNAP requirements, but cannot pass rules that conflict with them or are less stringent.

CFC (R-12) Phaseout Dates In the United States, “Class I” ODSes were subject to the first round of phaseout targets under the Montreal Protocol on Substances that Deplete the Ozone Layer. Class I ODSes have an ozone depletion potential of 0.2 or higher, including halons, CFCs, methyl chloroform, carbon tetrachloride, and methyl bromide. (Note: Class II ODSes are subject to a different phaseout schedule.) Section 604 of the Clean Air Act establishes the phaseout targets for Class I ODSes. The ban on the production and import of halons took effect on January 1, 1994. The ban on the production and import of other Class I ODSes—excluding methyl bromide—took effect on January 1, 1996. There are several exemptions from the phaseout, however.

HFC (R-22) Phaseout Dates The United States must incrementally decrease HCFC consumption and production, culminating in a complete HCFC phaseout in 2030. HCFC usage must be reduced to at least 90 percent below baseline levels in 2015 and to at least 99.5 percent below baseline levels in 2020. Recovered and recycled refrigerants may continue to be used indefinitely. Section 605 of the CAA establishes the U.S. phaseout targets for Class II substances. In 1993, the EPA established the phaseout framework and the "worst first" approach, which focused first on HCFC-22, HCFC-141B, and HCFC-142B because they have the highest ODPs of all HCFCs. The U.S. schedule for meeting the Montreal Protocol phaseout requirements is summarized in Table 2.

HCFC Phaseout

Venting Prohibition at Servicing EPA regulations (40 CFR Part 82, Subpart F) under Section 608 of the Clean Air Act prohibit individuals from intentionally venting ODSes or their substitutes while maintaining, servicing, repairing, or disposing of air conditioning or refrigeration equipment. Only three types of releases are permitted: "De minimis" quantities of refrigerant released while making good faith attempts to recapture and recycle or safely dispose of refrigerant, including releases that occur when connecting or disconnecting hoses to charge or service appliances. Refrigerant emitted during the normal operation of air conditioning and refrigeration equipment (as opposed to during the maintenance, servicing, repair, or disposal of this equipment) such as from mechanical purging and leaks. However, the EPA requires that leaks above a certain level—called a trigger rate—be repaired in equipment that contains 50 or more pounds of refrigerant. Releases of substitute refrigerants that the EPA has determined do not pose a threat to the environment. See the SNAP refrigerant list.

Venting Prohibition at Disposal EPA regulations under Section 608 of the Clean Air Act include requirements for the safe disposal of refrigeration and air conditioning equipment. These requirements are designed to minimize refrigerant releases when disposing of these appliances. Refrigeration and air conditioning equipment that is typically dismantled on-site before disposal (e.g., retail food refrigeration, central residential air conditioning, chillers, and industrial process refrigeration units) must have refrigerant recovered in accordance with the EPA's requirements for servicing prior to disposal. Equipment that typically enters the waste stream with its refrigerant charge intact (e.g., motor vehicle air conditioners [MVACs], household refrigerators and freezers, and window unit air conditioners) are also subject to special safe disposal requirements:

Waste Chain Rules (1) The final person in the disposal chain (such as a scrap metal recycler or landfill owner) is responsible for ensuring that refrigerant is recovered from equipment before its final disposal. If the final person in the disposal chain accepts an appliance that no longer holds a refrigerant charge, that person is responsible for maintaining a signed statement from the person who dropped off the appliance. The signed statement must include the name and address of the person who recovered the refrigerant, and the date that the refrigerant was recovered. Alternatively, this could be a copy of a contract stating that the refrigerant will be removed prior to delivery. The EPA does not mandate a sticker as a form of verification that the refrigerant has been removed prior to disposal. Such stickers do not relieve the final disposer of responsibility to recover any remaining refrigerant in the appliance unless the sticker consists of a signed statement that includes the name and address of the person who recovered the refrigerant, and the date that the refrigerant was recovered.

Waste Chain Rules (2) Individuals removing refrigerant from small appliances, MVACs, and MVAC-like air conditioners when preparing them for disposal are not required to be certified technicians. However, the equipment used to recover refrigerant from appliances prior to final disposal must meet the same performance standards as refrigerant recovery equipment used for servicing. The EPA no longer requires a person involved in the final disposal of appliances to certify to an EPA regional office that the individual has obtained and is properly using EPA-certified refrigerant recovery equipment.

Venting Prohibition on Substitute Refrigerants (1) In the fall of 2016, the EPA updated the existing requirements related to ODSes such as CFCs and HCFCs, extending them to include substitutes such as HFCs. Highlights of the updates include: More stringent requirements for repairing leaks in larger appliances. New recordkeeping for the disposal of appliances containing five to 50 pounds of refrigerant. A new reporting requirement that kicks in when larger appliances leak 125% or more of their charge in a calendar year. Restricting the sale of HFC refrigerant to technicians certified under Sections 608 or 609 of the Clean Air Act. Changes to improve readability and simplify compliance.

Venting Prohibition on Substitute Refrigerants (2) As of January 1, 2018, appliance disposal and recycling facilities are required to comply with these provisions: Before disposal of small appliances (e.g., refrigerators and window air conditioners) one of the following must be done: Recover 80% or 90% of the ODS or substitute refrigerant from the appliance using certified recovery and/or recycling equipment. (For details on these percentages, see Chapter 2: Evacuation Requirements for Small Appliances.) Or, evacuate the appliance to 4 inches (102mm) of mercury vacuum. Or, verify with a signed statement or contract that the ODS or substitute refrigerant was previously recovered according to safe disposal requirements. Before disposal of motor vehicle air conditioning (MVAC) or MVAC-like appliances (e.g., those in cars and trucks) one of the following must be done: Evacuate the ODS or substitute refrigerant from the appliance in accordance with 40 CFR Part 82, Subpart B covered in later sections by type. Or, reduce the system pressure to below 4 inches (102 mm) of mercury vacuum.

Venting Prohibition on Substitute Refrigerants (3) Verify with a signed statement or contract that the ODS or substitute refrigerant was previously recovered according to the safe disposal requirements. Keep a copy of all the signed statements or contracts indicating that the ODS or substitute refrigerant was recovered properly from appliances. Records need to be maintained for three years. Statements must include the name and address of the person who recovered the refrigerant and the date the refrigerant was recovered. Signed contracts between disposal facilities and suppliers must state that the supplier will recover remaining refrigerant from the appliance prior to delivery or certify that the refrigerant had previously been properly recovered. If all the refrigerant has leaked out of the appliance, the disposal facility must obtain a signed statement that all the refrigerant in the appliance had leaked out prior to delivery to the final processor and recovery was not possible.

Maximum Penalty Under the CAA Technicians can be required to appear in court and may lose their EPA 608 and/or 609 certification. Once refrigerant is recovered, it may be destroyed, reclaimed for resale, or stored safely to prevent emissions. Fines and penalties are tied to the rate of inflation so they will increase over time. As of 2017, a technician can be fined up to $44,539 per violation of the Clean Air Act.

Montreal Protocol During the 1980s, as scientific knowledge of ozone depletion grew, so did the international response to the issue. In 1987, leaders from many countries came together to sign the Montreal Protocol on Substances that Deplete the Ozone Layer. The Montreal Protocol establishes legally binding controls on the national production and consumption of ODSes. As of the completion of the eighth revision in 2016, 197 countries have ratified the treaty. These countries are committed to taking action to reduce and eliminate ODSes to protect the ozone layer. The U.S. EPA has always been a leader in this effort. The production and consumption of all principal ODSes by developed and developing countries will be significantly phased out before the middle of the 21st century. The Montreal Protocol has been successful because of scientific accuracy, effective public policy, and market-based, flexible, innovative approaches to ensuring ozone layer protection and alternative development.

Results from Montreal Protocol As a result of the Montreal Protocol, the total volume of ozone-depleting gases in the atmosphere has begun to decrease in recent years. If all countries that have signed the protocol maintain their commitments, the decrease of ODSes in the atmosphere will continue throughout the 21st century. Since 1998, the ozone layer has not grown thinner, and it appears to be recovering because of reduced ODS emissions. Ozone layer recovery is being slowed down due to the continued release of CFCs used by nations that have not banned them, and due to gases that are already in the stratosphere. Certain CFCs have very long atmospheric lifetimes—ranging from 50 to over 100 years—so final recovery of the ozone layer is expected to take several generations. Scientists predict that the ozone layer will return to pre-1980 levels sometime between 2060 and 2075. Sustained recovery of the ozone layer will require a worldwide phase-out of all ODSes by both developed and developing countries. Scientists continue to study the possible relationships between ozone layer depletion and climate change. Since ODSes and their substitutes contribute to climate change, phasing out ODSes directly benefits the Earth’s climate in two ways. First, since most ODSes are also greenhouse gases, phasing out these substances reduces greenhouse gas emissions. Second, when ODS substitutes are introduced, the equipment in which they are used is upgraded with units that are more efficient and less leaky.