Ozone depleting substances

Scope

The 1990 amendments to the Clean Air Act added provisions for protecting the ozone layer. These amendments require EPA to develop and implement regulations for managing ozone depleting substances (ODS) in the United States. They also ensure the United States’ commitment to implementing the Montreal Protocol.

Regulatory citations

Key definitions

• Application-specific allowance: A limited authorization granted in accordance with the AIM Act for the production or import of a regulated substance for use in the specifically identified applications that are listed in that subsection and in accordance with the restrictions to be determined.
• Halons Program: The program that establishes installation, handling, and emissions requirements for halon fire suppression systems.
• HFC Phasedown: The regulations and requirements found in 40 CFR 84, specifically outlining the cap and phase down the production and consumption of hydrofluorocarbons (HFCs) in the United States.
• Imports & Exports Program: The program that establishes recordkeeping, reporting, and other requirements for importing virgin and used Class I and Class II substances.
• Labeling Program: The labeling requirements for ODS containers or products manufactured with ODS.
• Montreal Protocol: The 1987 international treaty designed to solve the problem of the “hole” in the ozone layer by phasing out the use of ozone depleting substances.
• Motor Vehicle Air Conditioning Program: The program that establishes servicing, technician certification, small can sales restrictions, and other requirements for vehicle air-conditioning systems.
• Nonessential Products Ban Program: The ban on sale and introduction into interstate commerce of certain products manufactured with or containing ODS.
• ODS Destruction Program: The program that establishes acceptable practices for destroying ODS in the United States.
• ODS Phaseout Program: The ban on production and import of Class I ODS and phases out the production and import of Class II ODS.
• Stationary Refrigeration and Air Conditioning Program: The program that establishes service practices, technician certification, sales restrictions, and other requirements for these appliances and systems.

Summary of requirements

Stationary refrigeration and air conditioning — Section 608 of the Clean Air Act

• Follow venting prohibitions. Individuals are prohibited from intentionally venting ODS or substitute chemicals while maintaining, servicing, repairing, or disposing of air-conditioning or refrigeration equipment.
• Monitor for leaks and repair leaking equipment. In general, owners or operators of an appliance leaking ODS above a trigger level must:
  • Repair leaks within 30 days from the date the leak was discovered, or
  • Develop, within 30 days, a plan to retrofit or retire the appliance and complete the actions under that plan within one year.
• Technicians who service refrigeration and air-conditioning equipment must follow the required practices that apply to the type of equipment.
• Properly manage reclaimed refrigerant.
• Observe the refrigerant sales restrictions. Only certified technicians may purchase refrigerants.
• Recordkeeping
  • Technicians must keep a copy of their proof of certification at their place of business.
  • Technicians servicing appliances containing 50 or more pounds of ODS must provide the owner with an invoice listing the amount of refrigerant added. Records of leak inspections and tests performed to verify repairs of leaking appliances must be provided.
  • Technicians disposing of appliances containing between 5 and 50 pounds of refrigerant must keep records of the disposal.
  • Owners and operators of appliances that contain 50 or more pounds of ODS must keep servicing records.
  • Owners and operators must submit a report to EPA for any appliance containing 50 or more pounds of ODS that leaks 125 percent or more of the full charge in a calendar year. Such reports are due on March 1 for the refrigerant loss the prior year.
• Technicians must pass an EPA-approved test to earn Section 608 Technician Certification.

Motor vehicle air conditioning program — Section 609 of the Clean Air Act

• Motor vehicle air conditioning (MVAC) equipment and refrigerant must be approved by EPA.
• MVAC refrigerant cannot be intentionally vented to the environment.
• Any person working on an MVAC system for compensation (including non-monetary payment) must be certified under section 609 of the CAA and must use approved refrigerant handling equipment.
• Refrigerant must be properly recycled or reclaimed before it can be reused (even if being returned to the vehicle from which it was removed).
• Recordkeeping
  • New service shops or shops servicing MVAC systems for the first time must certify to their EPA Regional Office that they have acquired and are properly using approved refrigerant handling equipment. This is a one-time requirement.
  • Service shops must maintain on-site records proving that each person using servicing equipment has been properly trained and certified under Section 609. Records must be maintained for 3 years.
  • Service shops must maintain records on-site of the name and address of any facility to which they send recovered refrigerant. Records must be maintained for 3 years.

HFC Phasedown — American Innovation and Manufacturing Act

• Establishes the HFC production and consumption baselines from which reductions must be made according to the formulas provided in the AIM Act.
• Codifies the HFC production and consumption phasedown schedule.
• Establishes an initial methodology for issuing allowances for 2022 and 2023.
• Establishes a methodology for trading allowances between companies, while requiring an offset of allowances to further benefit the environment.
• Establishes a robust compliance and enforcement system to prevent and identify illegal activity in the United States and to ensure compliance with the phasedown schedule.