EPA Enforces ODS Regulations

EPA Enforcement Can Be Costly For Organizations That Do Not Track Refrigerant Gases

The EPA Enforcement Office will issue fines for undocumented refrigerant gas usage as it relates to ozone depleting substances. Do you know how to mitigate this compliance risk?

The phase-out program of refrigerant gas is now in full swing and facilities that use equipment requiring the use of ozone-depleting substances (ODS) are at risk for a substantial EPA penalty if they fail to follow the requirements outlined in the U.S. Clean Air Act related to data management and usage reporting. Equipment that must be tracked includes refrigeration and air-conditioning systems, commercial refrigeration, heating, ventilation and air conditioning systems, and fire protection systems.

October, 2009 -- A Illinois company has been fined nearly 80 thousand dollars for alleged federal environmental irregularities. The EPA said today that the penalty settles claims Rentech Energy Midwest Corp. released excessive amounts of ozone-depleting refrigerant at an ammonia-fertilizer production facility in East Dubuque. As part of the deal, the East Dubuque operation will also replace the leaking refrigeration unit with one that uses a non-ozone-depleting substance. According to experts, chlorofluorocarbon refrigerants and certain substitute refrigerants deplete the stratospheric - or "good" - ozone layer - allowing dangerous amounts of cancer-causing ultraviolet rays from the sun to reach the earth. Production of some such chemicals was stopped in 1995, and federal law strictly controls their use and handling. (Newsroom Solutions, LLC)

To mitigate the EPA environmental mandates, organizations and government agencies of all sizes must manage and control refrigerant gases more accurately. Processes and often web-based tools should be implemented to manage, track, report, and submit service related documents in support of refrigerant management programs. Those who fail to do so face substantial fines.

To cope with EPA and international regulations, progressive organizations turn to web-based applications to help manage and track their refrigerant gases. These refrigerant management programs centralize the data, monitor HVAC-R service related leaks, and empower one-click reporting of refrigerant usage. This allows them to keep current with government policies, compliance requirements, and penalties for non-compliance.

Overseeing the EPA penalty aspect of the U.S. Clean Air Act is the Office of Enforcement and Compliance Assurance. They are aggressively pursuing enforcement of the requirements to curb harmful gas emissions. Auditors and inspectors are permitted to make spot inspections to review a facility's records pertaining to regulated gases. Those unable to produce proper documentation, or have incomplete or missing data are subject to heavy fines.

Fines for Refrigerant Leakage can Run $25,000 a Day

The EPA penalty applies to facilities that improperly emit, vent, or dispose of refrigerant gas. The law requires proper servicing and safe removal of any equipment using restricted substances. Noncompliance could result in fines of up to $25,000 a day, per violation. Service related refrigerant leaks, annual purchases, volume of gas recycled, recovered, and destroyed are all examples of the refrigerant data to be collected.

Different non-compliance issues across these topics relate to different levels of EPA fines. Because of the substantial penalties involved, the government has developed a technician certification program for anyone who provides service, repair, maintenance, or disposal of equipment containing refrigerant gases.

Under the EPA penalty guidelines, refrigerant leaks not fixed within 30 days are subject to a $32,500 fine per day, per unit. Furthermore, purchasing used or imported refrigerant gas calls for fines of $300,000 per 30 pound cylinder of refrigerant gas. With so much money at stake, it is crucial for business entities, organizations, and municipalities to track every pound of gas and manage its inventory, especially those with more than one location where records management and ease of reporting becomes difficult.

Any amendments to the environmental laws usually allow for a period when comments are accepted and updates to the regulations are proposed and implemented. Currently, the EPA and other governmental agencies are taking civil and criminal actions against companies nationwide who violate the law.

The Environmental Protection Agency (EPA) Has the Power to Enforce Environmental Regulations & Issue Large Fines

The total of fines collected is in the billions of dollars each year. In anticipation of US based carbon cap and trade programs, the value and importance of refrigerant gas management will only increase. Not only will ozone depleting substances (ODS) continue to be restricted but many other chemicals such as refrigerant gases will be placed under tighter control due to their carbon impact and effects on the environment.

Because refrigerant gas contains chlorofluorocarbons and hydrochlorofluorocarbons, identified as the major causes of ozone depletion, its use is being reduced, and eventually eliminated, worldwide. The plan reduces the use of R-22 refrigerant gas by 75% by 2010 and eliminates it by 2015. The EPA penalty increases as the complete phase-out comes to a close.

EPA penalty policies are based on the guidelines established by the U.S. Clean Air Act, and its international counterparts, the Montreal Protocol and the Kyoto Protocol, to control the use of refrigerant gas as a means of reducing the damaging impact it has on the ozone layer and lower the potential for global warming. Penalties are being issues to protect the environment and to encourage facilities to improve their carbon foot print.

About Verisae

Verisae helps measure, manage and reduce equipment and energy costs including the related business and environmental impacts of carbon emissions. The Sustainability Resource Planning (“SRP”) software platform improves operational efficiency, protects brand integrity and helps ensure regulatory compliance for distributed enterprises across many industries. Verisae delivers a broad range of sustainability solutions to dozens of clients globally with thousands of daily users including an extended network of third-party suppliers. Verisae’s integrated sustainability platform actively tracks millions of assets across thousands of sites worldwide.

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