Are You At Risk For An EPA Penalty
Refrigeration and air-conditioning systems; commercial refrigeration; heating, ventilation and air conditioning systems; fire protection systems; and other equipment using refrigerant gas are part of the phase out program now underway in the United States. Facilities that use this ozone-depleting gas risk a significant EPA penalty by not following requirements under the U.S. Clean Air Act.
To avoid an EPA penalty, companies, municipalities and property managers that utilize refrigerant equipment must monitor its usage and submit documentation outlining refrigerant management efforts. Those who fail to do so face substantial fines. As such, many facilities are relying on refrigerant tracking and reporting programs that automatically manage their use of refrigerant, identify leaks, track repairs and guide in proper disposal. This allows them to keep current with government policies, compliance requirements 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 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. Additional fines are added if the refrigerant gas is not properly recovered. 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 $300K per 30 pound cylinder. With so much money at stake, it is crucial for businesses and municipalities to track every pound of gas and manage its inventory, especially those with more than one location.
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.
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 are designed to control the use of refrigerant gas. In addition to the U.S. Clean Air Act, the Montreal Protocol and the Kyoto Protocol are international laws aimed at improving air quality to protect the ozone and reduce the potential for global warming. The severe penalties under the laws are designed to encourage compliance by facilities so a better environment is created.
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