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

With the phase-out program of refrigerant gas underway, facilities are at risk for a steep EPA penalty if they have equipment that uses this ozone-depleting gas and do not follow the U.S. Clean Air Act requirements. Equipment that falls under the law are refrigeration and air-conditioning systems, commercial refrigeration, heating, ventilation and air conditioning systems, and fire protection systems.

Preventing a costly EPA penalty requires companies, municipalities and property managers to follow strict documentation requirements for refrigerant equipment. This means monitoring its usage and submitting records that indicate refrigerant management efforts. To avoid hefty fines, many facilities use refrigerant tracking and reporting programs. They are automated, so identifying leaks, tracking repairs and tracing disposal are all done with minimal effort. An automated management program enables them to stay up-to-date with polices and procedures, compliance regulations and penalties for non-compliance.

The EPA penalty aspect of the U.S. Clean Air Act is managed by the Office of Enforcement and Compliance Assurance. The agency is diligently enforcing requirements to reduce harmful gas emissions. The law allows auditors and inspectors to conduct on-site inspections and request a facility´s records regarding their regulation of gases. Without providing proper documentation, or supplying incomplete or missing information, the risk of significant fines is high.

The EPA penalty addresses those facilities that improperly discharge, vent, or dispose of refrigerant gas. Under the law, proper servicing and safe removal of any equipment using refrigerant gases is required. Those who fail to do so face fines of up to $25,000 a day, per violation. Fines are also in place for restricted substances not properly recovered. To better understand the law and reduce the likelihood of being fined, the government has created a technician certification program for anyone who services, repairs, provides maintenance to, or disposes of equipment containing refrigerant gases.

According to the EPA penalty guidelines, refrigerant leaks must be fixed within 30 days or a fine of $32,500 per day, per unit can be levied. In addition, buying used or imported refrigerant gas is a penalty of $300K per 30 pound cylinder. Considering the substantial amount of fines involved, it is critical for businesses and municipalities to document every pound of gas and properly manage its inventory for all locations across the entire organization.

Under the law, a comment period accepts input from those affected by the requirements and provides time for updates and implementation of proposals. All revisions come to an end on January 1, 2010, when the phase out of refrigerant gas becomes official and the EPA penalty is enforced more aggressively. At this time, the government agency has been filing numerous civil and criminal actions against companies nationwide who are in violation of the prior deadlines in the law. The amount of fines collected is in the billions of dollars.

Refrigerant gas contains chlorofluorocarbons and hydrochlorofluorocarbons, which have been found to be the major contributors of ozone depletion. For this reason, use of the gas is being reduced, with total elimination forthcoming. Under the law, the use of R-22 refrigerant gas will be reduced by 75% by 2010 and completely eliminated by 2015. The EPA penalty climbs as the phase-out plan progresses.

EPA penalty policies under the U.S. Clean Air Act closely follow those established in the international Montreal Protocol and Kyoto Protocol. The intent of the treaties is to reduce the use of refrigerant gas in order to reverse the damaging effects on the ozone layer and prevent global warming in the future. The fines are necessary to encourage facilities to make changes to their carbon foot print so the environment can remain healthy for years to come.

Refrigerant tracking products from Verisae help to organizations manage substances that destroy the ozone layer as mandated by The Montreal Protocol regulations. Verisae makes it easier to report refrigerant usage and track ozone depleting substances (ODS) across all HVAC-R systems. Explore further Verisae's refrigerant management tools at www.Refrigerant-Tracker.com