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 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 Most facilities have the necessary certifications or use contractors 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 refrigerant Day 8 - Unit found to have lost 2 lbs of refrigerant Leak 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 have 120-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 2 nd 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 contractors certification on file

17. Questions?