| The Reality of the EPA Penalty |
| Written by Daniel Stouffer | |
| Saturday, 14 March 2009 | |
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The phase-out program of refrigerant gas is now in full swing and facilities that use equipment requiring this ozone-depleting gas are at risk for a substantial EPA penalty if they fail to follow the requirements outlined in the U.S. Clean Air Act. Equipment includes refrigeration and air-conditioning systems, commercial refrigeration, heating, ventilation and air conditioning systems, and fire protection systems.
The phase-out program of refrigerant gas is now in full swing and facilities that use equipment requiring this ozone-depleting gas are at risk for a substantial EPA penalty if they fail to follow the requirements outlined in the U.S. Clean Air Act. Equipment includes 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. Facilities that improperly emit, vent, or dispose of refrigerant gas are subject to the EPA penalty. Fines of up to $25,000 a day, per violation can be charged for improper servicing and unsafe removal of any equipment using restricted substances. Fines are also applied if refrigerant gas is improperly recovered. There is a technician certification program established by the government for those who provide service, repair, maintenance, or disposal of equipment containing refrigerant gases. The program is designed to minimize the chances of a hefty fine. 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, comments are being accepted and updates and proposals can be made. But on January 1, 2010, the phase out of refrigerant gas is official and the EPA penalty is more strictly enforced. The government agency is already taking civil and criminal actions against companies nationwide who violate the law, collecting billions of dollars in fines to date. The problem with refrigerant gas is that it contains chlorofluorocarbons and hydrochlorofluorocarbons. These compounds have been proven to cause major damage to the ozone layer. The plan is to reduce the use of refrigerant gas by 75% by 2010 and eliminate it entirely by 2015. As the phase-out plan rolls out, the EPA penalty increases according to the various stages. 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. The Article Author: Daniel Stouffer has detailed data on the need for good refrigerant gas management and more data about the epa penalty. |
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