lntertek 

Oct l n, 2015 

Andy Gbur 

Senior Director - Chemical Services 

1717 Arlingate Lane 

Columbus, Ohio 43228 

Ms. Gina McCarthy 

Administrator 

United States Environmental Protection Agency 

William Jefferson Clinton Building 

1200 Pennsylvania Ave, N.W. 

Washington, DC 20460 

1717 Arllngate Lane 

Columbus. OH 43228 

Telephone: + 1 (614) 279·8090 

www.intertek.com 

Re: RIN: 2060-AS51 Protection of Stratospheric Ozone: Update to the Refrigerant Management 

Requirements Under Section 608 of the Clean Air Act 

Dear M s. McCarthy, 

lntertek was recently approached by Ken Ponder of RMS Georgia and Pete Williams of the New Era group to 

consider ways to improve the effectiveness of the EPA Reclai mer program, especially changes to mitigate the 

risk to the environment and to t he overall health and safety of the employees.:. The reason being the current 

reclai mer environment is dramatically different than w hat is was l G-15 years ago when many of the 

Reclaimers were brought into the EPA program. There are new refrigerants that pose a wide risk to the 

employee, business and of course t he environment To reduce these risks Reclaimers may have processes for 

mitigation. These processes may or may not be as effective as required thus t he need for auditing and 

corrective actions to educate on industry best practices so that the Reclamation Industry is being a sustainable 

steward of the environment. 

lntertek and especially the Columbus location w here I work out of has long been involved in the refrigerant 

reclamation industry. Since 1991 we have been testing reclaimed refrigerant to ARI 700 specifications and 

working with the technical groups to evolve t he standards and testing methodologies. lntertek has served as a 

technical expert to the industry being on a number of AHRI, AHREA and SAE committees. All with the intent of 

helping the industry perform better and more efficiently while insuring that the integrity of the reclaimed 

product meets the required specifications. 

One of the largest risk in the industry is dealing with the diversity of materials and the associated risks that 

each of those can pose. With the introduction of new near-flammable, flammable and marginally toxic 

component refrigerants, extra care must be taken to handle these materials. When reclamation batches are in 

the 10k-100k lbs. range a catastrophic failure in the processing can lead to a major release. In addition without 

proper screening methods and sample identification practices it becomes easy to cross contaminate materials 

and accumulate worthless hazardous material, which must be disposed of at a significant cost. In the 

validation process of Reclaimers adherence to some basic safety and process procedures must be audited to 

reduce the risk of a major release to the environment. 
lntertek 

With this said, listed below are the existing requirements for the EPA approval. Under each are two separate 

validations. These are suggestions for auditing, documentation and reporting that lntertek would recommend 

for showing initial and continued compliance to the EPA requirements, mitigating risk to the environment and 

providing a safe working environment. These by all means are not definitive criteria, but merely ideas for us to 

further discuss and define if deemed criteria that we would like to pursue. 

Checklist for EPA Approval of Refrigerant Reclaimers 

1. List the com plete name and address of the reclaimer (§82.164(e)(l)). Include the address where 

reclamation will take place, if it differs from your business address. 

a) Auditor would verify place of business via actual on-site inspection 

b) Off years wou ld require valid copy of current lease. 

2. List the names of the business owner and the responsible officer (§82.164(e)(l)) who will serve as an 

EPA point of contact. 

a) Auditor would verify employment of contact name 

b) Off years we would collect declaration/statement of ownership and responsible individual 

3. list of the equipment used to reprocess the refrigerant (§82.164(e)(2)). If reprocessing equipment was 

purchased off the shelf, please provide make, model, and serial number. If equipment is generic or was 

manufactured by the reclaimer, please provide a description and photographs of the equipment and 

processes. Note that equipment used to recover refrigerant directly from air-conditioning and 

refrigeration equipment must be certified by ARI or UL under the ARI 700 (current edition) Standard 

a) Auditor would visually inspect, catalog photos and /or schematics of the reclamation 

equipment 

b) Off years Reclaimer would send in a documentation declaring specific equipment that is being 

used 

4. List of the equipment used to analyze the refrigerant (§82.164(e)(2)). If an independent laboratory is 

used to analyze the refrigerant, submit the name, address, and phone number of the laboratory, and 

the list of equipment used by the laboratory to analyze the refrigerant. Please submit a letter from the 

laboratory confirming an agreement with your organization. Be advised that if the laboratory fails to 

verify refrigerant purity using the methods set forth in ARI 700 (current edition), you are responsible 

for th is failure. 

a) Auditor would inspect laboratory to confirm testing capabilities to the required ARI-700 

(current edition) test methods. Also confirm that applicant is a regular customer of the lab. 

b) Off years inspection would require letter from lab that testing processes are still within ARI 

700 specifications and that Reclaimer continues to be a customer in good standing. 

5. Certification that the refrigerant w ill be reprocessed to all of the specifications set forth in ARI 700 

(current edition). Specifications for Fluorocarbon Refrigerants (§82.164(a)) that are applicable to t hat 

refrigerant. 
lntertek 

i. Auditor would verify reports with batch numbers and finished product. 

ii. Off years the participant would submit documents of processed product for review with batch 

numbers. Auditor would select random batches (% of) to verify compliance to test 

requirements 

6. Certification that the specifications of the refrigerant will be verified using the methods set forth in ARI 

Standard 700 (current edition) (§82.164(b)). Please be advised that if the laboratory fails to verify 

refrigerant purity using the methods set forth in ARI 700 (current edition), you are responsible for this 

failure. 

a) Auditor to verify laboratory is accredited and/or able to perform verify purity via the methods 

of ARI 700 (current edition) 

b) In off years, Auditor will verify that lab is still accredited and performing type of work by 

collecting/reviewing online accreditations, lab supplied documents, and/or association 

certification programs. 

7. Certification that no more than 1.5 percent of the refrigerant will be released during the reclamation 

process (§82.164(c)). 

a) Auditor would review logs on refrigerant in and refrigerant out. Oil, water, mixed refrigerants 

and other waste will be taken into consideration and a total mass balance calculation will be 

done. Waste mass will be verified by looking into waste disposal methods, inventory and 

invoices. (It is anticipated that this will be an area of concern, but we need to know what 

actual true loss rates and where the gaps exist before we can educate the industry as to best 

practice) 

b) In off years logs would be submitted for review. 

8. Certification that wastes from the reclamation process will be disposed of in accordance with all 

applicable laws and regulations (§82.164(d)). 

a) Auditor will compare the waste theoretically produced from the processing and compare that 

to actual masses on waste disposal invoices. Aud itor will validate that Waste disposal 

service/ process conforms to local, state and federal regulations. If a vender is used we will 

verify appropriate licenses. 

b) In off years waste documentation will be submitted for review and comparison to total 

product processed. Should remain consistent with on-site inspection values, if not 

discrepancies will need to be explained. 

9. Acknowledgment that Reclaimers must maintain records of the names and addresses of persons 

sending them material for reclamation and the quantity of the material (the combined mass of 

refrigerant and contaminants) sent to them for reclamation. Such records shall be maintained on a 

transactional basis (§82.166(g)). 
lntertek 

a) lntertek will verify that information is being recorded. 

b) Off years will require submittal of documentation for review 

10. Acknowledgment that Reclaimers must maintain records of the quantity of material sent to them for 

reclamation, the mass of refrigerant reclaimed, and the mass of waste products. Reclaimers must 

report this information to EPA annually within 30 days of the end of each calendar year (§82.166(h)). 

a) lntertek will verify that information is being recorded and in line with sales, inventory, and 

waste data. (some% deviation will need to be agreed upon) 

b) Off years will require submittal of documentation for review 

11. Acknowledgment that certificates are not transferable-In the event of a change in ownership of an 

entity which reclaims refrigerant, the new owner of the entity shall certify within 30 days of the 

change of ownership (§82.164(f)). 

a) lntertek shall verify ownership and length of ownership 

b) Off years will require submittal of documentation for review 

12. Acknowledgment that it is illegal to sell or offer for sale any CFC or HCFC (do we need to consider HFC, 

HC, HFO?) refrigerant consisting wholly or in part of used refrigerant unless it has been reclaimed by 

an EPA-certified reclaimer, except in cases where the refrigerant was used only in a motor vehicle air 

conditioner (MVAC) or MVAC-Iike appliance and is to be used only in an MVAC or MVAC-Iike appliance 

or in cases where the refrigerant is contained in an appliance that is sold or offered for sale together 

with the refrigerant (§82.154(g) & (h)). 

a) NAto an audit, but we can verify that they know of this law 

b) Off years will require declaration of acknowledgement 

13. Acknowledgment that failure to abide by any of the provisions of 40 CFR 82 may result in revocation or 

suspension of the certification of the reclaimer (§82.164(g)). 

a) NAto an audit, but we can verify that they know of this law 

b) Off years will require declaration of acknowledgement 

14. Certification that the information given in the certification is true and correct (§82.164(e)(3)). 

a) They will sign off on our audit report verifying that everything is honest and accurate 

b) Off years will require declaration of acknowledgement 

Additional Requirements 
lntertek 

15. Refrigerant screening process - This serves two purposes. First it will confirm identification of the 

refrigerant so they know how to safely handle and process the material. Second with the proper 

identification they will be less likely to mix refrigerants. For example R-22 has numerous replacements 

on the market. Simply looking at the pressure-temp does not work as the alternatives all have similar 

properties. If proper 10 is not made refrigerants can be easily mixed and then create a larger volume 

of waste material which in my opinion has a higher risk of being released to the atmosphere as a 

method of disposal. 

a) Auditor will verify that they had an accurate identification process for their defined scope and 

that the sample handling and logistical process provide low risk of cross contamination. 

b) In off years participant will submit a declaration that the screening process is still in place. 

16. Inspection of Processing equipment 

a) Verify equipment is electrical safe and in compliance w ith national electric codes (NEC and/or 

NFPA), standards (UL 1963 for Refrigerant Recovery equipment, Ul 1995 for Heating and 

Cooling equipment, and /or Hazardous location:flammable atmosphere assessments. In 

addition verify that a competent party calibrates all relevant equipment, scales, 

thermometers, and gauges. 

b) In off years submittal of all calibration certificates. 

17. Proper MSDS (SDS), PPE and safety considerations 

a) Verify the accessibility, use and training for 

i. Proper ventilation and emergency shutdown, cut-off safety features and air monitoring 

equipment 

ii. Hazard containment 

iii. DOT shipping qualifications, lATA cert 

iv. Emergency Response- example (ChemTrax) 

v. Verify that Staff is trained and have appropriate EPA 609 certificate 

vi. Verify appropriate MSDS sheets and chemical information is available 

b) In off years resubmittal of documents showing continue compliance to above 

The recommendations are that these requirements be audited by an accredited 3rd party. This could be any 

certification organization such as lntertek, UL, CSA etc .... as long as they have the specific standards and 

experience within their scope of accreditation. It is suggested that the on-site inspection be performed as an 

initial audit., however prior to the audit a pre meeting with the participant be performed to educate on what 

the auditor will be looking for and what is needed to show compliance. This will help speed the on-site process 

along and keep costs to a minimum plus help educate the participant. 

In addition to the on-site audits there should be reviews of documentation and declarations that are submitted 

by the participant, basically self-certify. This documentation should be done annually to insure continued 

compliance. This will keep cost down to minimum whiles still maintain a high level of integrity. It is also 
lntertek 

suggested that the on-site audits be performed every 3 years. The purpose of this frequency is to faster 

promote best practices and to establish high levels of compliance across the industry. 

One last recommendation would be that we open the definition of what defines a reclaimer. Currently there 

are dealers, resellers and separation facilities which all have some hand in the lifecycle of refrigerants, which is 

what I define as taking used refrigerant off the market, processing and/or packaging it in some way then 

reselling it back into the market. These requirements should be applicable to those businesses as well if we 

are to truly protect the environment and maintain the integrity of the industry 

As 

move 

always I'm more than happy to further discuss these in detail and more so with the EPA should we decide to 

forward. 

Andy Gbur 

lntertek 

Senior Director- Chemical Services 

Phone: 614·279-6433 

Mobde: 614·679-5479 

1717 Arlingate Lane 

Columbus. Ohio 43228 

Andy Gbur® irnertek com 

www illtertek com