Policy // 27
EPA EYES REFRIGERANTHANDLING RULE REVISIONS Proposal would target 2016 extension of Section 608 restrictions to HFCs and HFOs – By Mark Hamstra
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n another effort by the Trump administration to roll back regulations, the Environmental Protection Agency is seeking to revise a 2016 extension to Section 608 of the Clean Air Act rule covering the venting, repair and replacement of refrigeration equipment. Letters dated Aug. 10, 2017, from the EPA to manufacturing industry groups – and signed by EPA Administrator E. Scott Pruitt – said the EPA was revisiting a 2016 rule that extended certain restrictions on the handling of refrigerants to include so-called “non-exempt replacement” refrigerants such as HFCs, HFOs and HFO blends. In the letters, which were addressed to law firms representing the National Environmental Development Association's Clean Air Project (NEDA/CAP) and the Air Permitting Forum, the EPA said that in addition to its plans to revisit the rule concerning the refrigeration handling requirements, it would also examine the deadlines imposed for certain requirements. The two associations represent corporations on issues related to the Clean Air Act. The EPA is “aware of your concerns regarding the feasibility of meeting the Jan. 1, 2018, compliance dates and will consider options for relief if we receive adequate information from you to substantiate the basis for such relief,” the letters state. The EPA’s timetable for introducing its proposed rule revisions was unclear. A regulatory agenda for the proposal indicated that a Notice of Proposed Rulemaking (NPRM) would be filed in April and that the new rule would be finalized by year-end, but no NPRM had been filed by early May. While natural refrigerants, including ammonia, nitrogen and carbon dioxide, remain exempt from the new restrictions for many end uses, if the EPA eases restrictions on HFCs and HFOs it could enhance the appeal of those refrigerants.
Treating HFCs Like CFCs In the 2016 rule, the EPA updated Section 608 of the Clean Air Act with restrictions on the use of refrigerants such as HFOs ad HFCs because of their high GWP, which measures their ability to trap heat in the atmosphere. The rule, some elements of which took effect at the beginning of 2017 and 2018, and some of which will take effect in 2019, brings these substitute refrigerants in line with ozone-depleting substances (ODS), such as CFCs and HCFCs. Effective Jan. 1, 2018, the EPA requires anyone purchasing non-exempt substitute refrigerants such as HFCs, HFOs and HFO blends to be a certified Section 608 technician. Refrigerant distributors must also maintain records of those sales.
E. Scott Pruitt, EPA administrator
May 2018 // Accelerate America
Also effective Jan. 1, 2018, technicians must be Section 608certified in order to open any appliance that contains non-exempt substitutes such as HFCs. They also must use Section 608 certified recovery and recycling equipment when opening an appliance that uses non-exempt replacement refrigerants, such as HFCs.