EPA Regulations

EPA's authority is to regulate protection of the earth's air is the Clean Air Act. Here we will look at just three of the major regulations of the Clean Air Act that most directly affect building owners and managers. The Accelerated Production Phaseout, the Mandatory Refrigerant Recycling Regulation, and the Significant New Alternatives Policy or SNAP. CFC production ceased at the end of 1995. HCFCs under the Clean Air Act will be treated differently but will be treated consistent with the Montreal Protocol. One proposal distinguishes among chemicals based on their ozone depleting potential and takes into account whether a chemical has a short versus a long atmospheric lifetime as well as the chemical's application.

The two major HCFCs used by the air conditioning industry are R-22 and R-123. EPA has proposed different phaseout dates. HCFC 141b, which is not used by the building air conditioning industry, but is mainly used as a foam blowing agent, has a high ozone depletion potential, and as a result, the proposed phaseout date for this chemical is 2003. The phaseout schedule for 22 is two-tiered. It will start in 2010 for new equipment and will be phased out completely in 2020, at which point it will be available for servicing existing equipment. HCFC-123, which has a low ozone depletion potential, is not being phased out in new equipment until 2020, and for existing equipment, in 2030. Remember, that 22 and 123 play a valuable role as replacements for CFCs and are expected to be available over the useful lifetime of existing equipment.

The Clean Air Act also significantly affects the way air conditioning systems will be serviced. The main goal is reducing the emissions to the lowest achievable level. An effective recycling program is important to conserving the existing supply of CFC refrigerant and preventing the release to the atmosphere. The law prohibits intentional venting of refrigerants during the service, maintenance, repair and the disposal of air conditioning or refrigerant equipment. In May 1993, EPA released the rule implementing the Clean Air Act on the proper handling of refrigerants. These regulations established the required service practices technicians must follow when working on these systems. The equipment technicians use to recover and recycle refrigerants must meet certain standards. And the technicians themselves must pass an exam demonstrating their knowledge. The regulations also require large systems be repaired and refrigerant recovered upon disposal.

Owners of chillers and other refrigeration and air conditioning systems having a charge greater than 50 pounds that leaks over 15 percent per year, have 30 days to repair the leak. If the leak is not repaired, a plan must be developed to retire or retrofit the system and it must be implemented within one year. EPA will enforce these, and the Act allows penalties up to $25,000 per violation.

Now let's look at SNAP. This section of the Clean Air Act authorizes EPA to determine the acceptability of the alternatives replacing CFCs and in time will cover the HCFCs. It's not enough that the substitutes just protect the ozone layer. EPA must evaluate the alternatives based on overall risks. The criteria the alternatives are weighed against include ozone depletion, global warning potential, energy efficiency and the safety, including toxicity, flammability and other environmental and health factors.