June 11, 2015

Mr. Luke Hall-Jordon

Team Leader

Stratospheric Ozone Protection

United States Environmental Protection Agency

1200 Pennsylvania Avenue

Washington, DC 20

Dear Luke:

Thank you for allowing us to provide recommendations to improve the Refrigerant 

Reclamation Certification Program. The program can reflect greater environmental 

integrity and overall public health and safety. The Program can provide compliance to 

other Federal Regulations without additional cost to EPA.

We will provide several steps that should be requirements in the certification process.

Addition I

Current and future applicants should be required to provide proof they have a valid 

“Emergency Response” agreement in place at the time of application and to further 

notify the Stratospheric Ozone Protection Division immediately should there be a 

change or cancelation of this agreement. (Example1)

In addition to this agreement, the United States Department of Transportation (DOT) 

requires in 49 CFR 173 that Hazardous Material Shippers (HS) obtain DOT approved 

training.2

If any reclaimer ships Hazardous Material by air there is a Federal Aviation 

Administration (FAA) requirement to have proper International Air Transportation 

Association (IATA) certification for “Dangerous Goods”3

These three items should be written into the regulations to include new and existing 

program participants.

																																																							

1 https://www.chemtrec.com/products/usacanauth/Documents/CHEMTREC%20Agreement%20-

%20USA%20+%20Canada%20Authorization_20131106%20v1.ii.pdf

2 https://www.chemtrec.com/products/usacanauth/Documents/CHEMTREC%20Agreement%20-

%20USA%20+%20Canada%20Authorization_20131106%20v1.ii.pdf

3 http://www.iata.org/whatwedo/cargo/dgr/Pages/download.aspx
Luke Hall-Jordan

Letter

June 11, 2015

Page 2

Addition II

There are numerous Occupational Safety and Health Administration Rules (OSHA). 

While it is unreasonable to cite all, there should be a minimum requirement to provide 

certificates of compliance as to the use and operation of powered industrial trucks/fork 

lifts/tow motors.

4

Another requirement is that participants and any future applicants must have an

approved safety compliance manual at the time of application and/or upon a compliance 

audit either by Intertech or any third party auditor.

There is an OSHA requirement to have Safety Data Sheets (SDS) for all chemicals held 

at a site. This should be of paramount importance due to the recent OSHA Labeling 

Standard.

5

Addition III

The requirements of 608 are heavily dependent on recordkeeping and reporting of 

pounds received and pounds reclaimed. To that end there must be a requirement that 

all reclaimers have scales that are “Trade Legal”.

EPA should take this opportunity to expand the recordkeeping and reporting of 

refrigerant intake by reclaimers.

The volume of refrigerant being recovered will be affected with the adoption of new 

recovery and reclaim standards. While we are in firm support of such action we find

there must be a requirement that mixed refrigerants be accounted for.

We recommend that in addition to the annual reporting of mass volume received and 

waste/by-product, reclaimers be required to report on the amount of material that is not 

reclaimed and is in fact scheduled for destruction. This added requirement will 

discourage the venting of material that can not be processed, since there is no

requirement for refrigerant destruction.

																																																							

4 29 CFR 1910.178(l)(1)

5 https://www.osha.gov/dsg/hazcom/HCSFactsheet.html
Luke Hall-Jordan

Letter

June 11, 2015

Page 2

We would also ask that EPA consider our letter of December 2, 2014 and telephone 

conference that brought to light issues and concerns addressed here.

Please be advised that we have collaborated with Intertek Testing, ETL to promote a 

comprehensive “Compliance Audit”. This “Audit” would operate similarly to other 

Government programs whereby the participant would be subject to regular independent 

review to ensure our environment is being protected and that public health and welfare 

is taken into consideration. Intertek will be able to express current and upcoming 

concerns that deal specifically with issues that are growing as the industry continues to 

seek and achieve more environmentally friendly products.

As EPA begins the process of rule making we would also ask if it is time to 

define/redefine or clarify the term “reclaimer”. Our point here is that brokers, packagers,

importers, or for that matter anyone who is handling refrigerant should be subject to the 

regulation in the spirit of a level playing field.

In addition we suggest that EPA clarify the terminology of ownership, i.e. who can buy 

and sell used refrigerants?

We hope you will consider these recommendations. We trust you will continue to 

engage us in the rule making process.

With	Regards

Peter	Williams

CC:	Kenneth	M.	Ponder

								Ben	Longstreth,	NRDC

								Lowell	Chandler,	EIA

								Andy	Gbur,	Intertch	Testing