June 11, 2015

Mr . Luke Hall

- Jordon Team Leader Stratospheric Ozone Protection United States Environmental Protection Agency 1200 Pennsylvania Avenue Wa shington, DC 20 Dear Luke: Thank you for allowing us to provide recommendations to improve the Refrigerant Recla mation Certification Program. The program can reflect greater environmental integrity an d overall public health and safety. The Program can provide compliance to other Fed eral Regulation s without additional cost to EPA. Wewill provide several steps that should be requirements in the certification process. **Ad dition I**  Current and future applicants should b e required to provide proof they have a valid “Emergency Response” agreement in place a t the time of application and to further notify the Strato spheric Ozone Protection Division immediately should there be a change or cancelation of this agreement. (Example 1 ) 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 the re 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_201 31106%20v1.ii.pdf 3 http://www.iata.org/whatwedo/cargo/dgr/Pages/download.aspxLuke Hall

- Jordan

Letter June 11, 2015 Page 2

**Ad dition II**  There are numerous Occupational Safety and Health Administration Rules (OSHA). W hile 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 participant s and any future applicant s must have an approved safety compliance manual at the time of application and/or upon a compli ance audit either by Intertech or any third party a uditor

. There is an OSHA requirement to have Safety Data Sheets ( SDS ) for all chemicals held at a site. This should be of paramoun t importance due to the rec ent OSHA Labeling Standard

. 5 **Ad dition III**  The requirements of 608 are heavily dependent on recordkeeping and reporting of pound s 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 b e affected with the adoption of new recovery and reclaim standards. Wh ile we are in firm sup port of such action we find there must be a requirement that mixed refrigerants be accounted for

. Werecommend 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 req uirement will discourage the venting of material that can not be processed, s ince there is no requirement for refrigerant destruction.

4 29 CFR 1910.178(l)(1) 5 https://www.osha.gov/dsg/hazcom/HCSFactsheet.htmlLuke Hall

- Jordan

Letter June 11, 2015 Page 2 Wewould 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 similar ly to other Government programs where by the participant would be subject to regular independent review to en sure our environment is being protected and that public health and wel fare is take n into consideration. Intertek will be able to ex press current and upcoming co ncerns that deal specifically with issue s that are growing as the industry continue s 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 play ing field. In addition we suggest that EPA clarify the terminology of ownership, i.e. who can buy and sell used refrigerants? Wehope you will consider these recommendations

. W e trust you will continue to engage us in the rule making process. With	Regards

Peter	Williams CC:	Kenneth	M.	Ponder Ben	Lon g streth,	NRDC Lowell	C h a ndler,	EIA Andy	Gbur,	Intertch	Testing