# lntertek

Oct l n , 2015 Andy Gbur Sen io r D irecto r - Chemical Services 

### 1 7 17 Arli ngat e Lane C o l umbus , Oh io 43228 Ms. Gina McCarthy Admi n istrator United States Environmental Protection Agency William Jefferson Cli nto n Build in g 1200 Pe nn sylvania Ave, N.W. Washington, DC 20460 1717 A r llngate Lane Columbus

. OH 43228 Te lephone : + 1 (614) 279 · 8090 www.intertek.com



### Re : RIN: 2060-AS51 Protection of Stratospheric Ozone: Update to the Refrigerant M a nagement Re qu ir e m e nts Und e r Secti o n 608 o f th e C l ean A i r Ac t Dear M s. M cCarthy, lntertek was rece ntly app roac h ed by K en Po nd e r of R M S Geor g i a and P et e W ill ia m s of t h e N ew Era g roup to consider ways to improve the effective n ess of the EPA Reclai m e r prog ra m , especia lly changes to mitigate the risk to the environment a nd to t h e overall h eal t h a n d safety of the emp loyees.:. The reason being the cur rent reclai m e r env i ro nm e nt i s dr ama tica lly di ffe ren t th an w hat is was l G-15 yea rs ago when many of the Reclaimers were brought into the EPA program. There are new refrigerants that pose a wide risk to the employee, b u siness and of course t h e envir o nm en t To red u ce t h ese ri sks R ecla i me rs m ay h ave p rocesses for m i tigat i o n . These p rocesses may o r m ay n ot be as effective as re q u i red thus t h e need for auditing and corrective actions t o educate on industry best practi ces so that the Reclamation Industry is being a sustainable stewa rd o f t h e enviro nm en t. lntertek and especia lly t he Col um bus l oca ti o n w h e re I wo rk ou t o f h as lo n g b ee n invo lve d in t h e ref r ige ran t reclamat i on industry. S in ce 1 991 we h ave bee n testi n g recla i med refrigerant to ARI 700 specifications and working with the technical g r o ups to evolve t he sta n dards and t esting methodolog i es. l n tertek has served as a technical expert to the i n du stry bei n g on a number o f AH RI , A HR EA an d SAE co m m ittees. A ll w i th the i nte nt of helping the industry perform better and mo re efficiently while insuring that the integrity of the reclaimed product meets the requi red specificatio ns. One of the largest risk in the industry is dealing with the diversity of materials and the associated risks that each of those c a n pose . W ith the intr o du c t io n of n ew n ea r-fla mm ab l e, flamma bl e and m arginally toxic component refrigerants, extra care must be take n to handle these materials. When reclamation batches ar e in the 10k-100k lbs. range a catast rophic failure in the processi n g can lead to a majo r release. I n addition without proper sc r eening method s an d sample identification practices it beco m es easy to cross contaminate materials and accumulate worth l ess hazardo u s material, which must be disposed of at a si g nificant cost. In the validat ion process of Reclaime rs a dh e re n ce to so m e bas i c safety and process p roced u res mu st be au dited to reduce the risk of a major re l ease to the environment.

# lntertek

With this said, listed below are the existin g requirements for th e EPA approval. U nd er each are two sepa rate val id atio n s. These are suggestio ns for auditing , documentation and rep o rting that lntertek would re commend for showing initia l and continued co mplian ce to th e EPA requirements, mitigating r isk to the environm ent and providing a safe working e nvironm ent. Th ese by all mean s are not definitive crite ria , but merel y id eas for us t o further discuss and define if deemed criteria that we would like to pursu e. Checklist for EPA Approval of Refrigerant Reclaimers 

### 1. List the com plete n am e and address of the re claimer (§82.164(e)(l)). Include the address where reclamatio n will take place , if it differs from your busi n ess ad dress . a) Auditor would verify place of business via actual on -s ite in spection b) Off years wou ld require valid copy o f curre nt lea se. 2. Li st t h e nam es of the busin es s owner and the responsibl e officer (§82.164(e)(l)) who w ill serve as an EPA point of contact. a) Auditor wo uld verify e mpl oyment of contact name b) Off yea rs we wou ld coll ec t declaration/statement of own ers hip and re sponsibl e individual 3
. list of the equipme nt used to reprocess the refri ge rant (§82. 164 (e)(2)). If reprocessing equip m ent was purchased off the shelf, please provide make, model, and se rial number

. If eq uipment i s ge neri c o r was manufactured by the recl aim er, pl ease provide a description and photog raph s of the eq u ipment and processes. Note that equipment used to recove r refrigerant directly from air-co ndit ioning and refrige ration equ ipment mu st be certified by ARI o r UL und er th e ARI 700 (curre n t ed iti on) Stand ard a) Auditor wou ld visually in spect, catalog photos and /or schematics of the recl ama tion equipment b) Off yea rs Reclaimer wou ld se nd in a documentation declaring specific equipment that is being used 4. List of the eq uipment used to analyze the refrigerant (§82.164(e)(2)). If an ind epe ndent labor atory is use d to analyze th e refri ge rant, submit the nam e, address, and phone number of the l abo ratory, and the list of eq uipm en t used by the labo ratory to analyze the refri gera nt. Please su bmit a letter from the labo ratory co nfirming an ag reement with you r organization. Be advi sed that if the l aboratory fails t o ve ri fy refri ge rant purity u sin g the methods set forth in ARI 700 (current edition), you are re spo n sible for th is failure. a) Auditor wou ld in spect laboratory to co nfirm t es ting capabilitie s to the required ARI-700 (cu rrent editio n) test metho ds

. Also confirm that applicant is a regular custo m er of th e lab

. b) Off yea rs in spection would require l etter f rom lab tha t testing processes are still withi n ARI 700 specifications and that Reclaimer continues to be a cu sto mer in good sta ndin g . 5. Certification t hat the refri ge rant w ill be re processed to all of the specificatio ns set forth in AR I 700 (curr e n t editio n). Specifications for Fluorocarbon Refrigerants (§8 2 .164(a)) that a re applicabl e to t hat refri ge ran t.

# 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 number s. Auditor would select random batches (% of) to verify compliance to test req uirements 6. Ce rtifi ca tion that the specifi cations 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 refrige rant purity using the methods set forth in AR I 700 (curre nt 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 ed ition) b) In off years, Auditor will verify that lab is still accred ited and performin g type of work by collecting/reviewing online accreditations, lab supplied documents, and/or association certification programs. 7
. Ce rtification that no more than 1.5 percent of th e refrige rant will be released durin g th e recl amatio n process (§82. 164(c)). a) Audito r wo uld review logs on refrigerant in and refri ge rant 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 ga ps exist before we can educate the industry as to best practice) b) In off years l ogs wou ld be submitted for review. 8. Certification that wastes from the reclamation process will be disposed of in accordance with all appli ca ble laws and reg ulations (§82.164(d)). a) Auditor will compare the waste theoretically produced from the processin g 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 in spectio n values , if not discrepancies will need to be explained. 9. Acknowledgme nt that Reclaimers must maintain records of the nam es and addresses of persons se ndin g them material for reclamation and th e quantity of the material (the combined mass of refrigerant and contamina nts) se nt to them for reclamation

. Such records shall be maintain ed on a transa ctional ba sis (§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 r eclaims 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) Offyears 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 ofthis 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 sig n 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 scree nin g process - This serves two purposes. First it will confirm identification of the refrigerant so they know how to safely handle and p rocess the material. Second with the proper identification they will be less like ly to mix refrigerants

. For example R-22 has numerous replacements on the market. Simply looking at the pre ss u re-temp does not work as t h e al ternatives all h ave simi l ar properties. If proper 10 is not m ade refrigerants ca n be easily mixed and then create a larger volume of waste material which in my op inion has a hi g her ri sk of being re l eased to the atmosphere as a m ethod of disposal. a) Auditor will verify that th ey had an accurate identification process for the ir defined scope and that the samp le handlin g and log istical process provide low risk of cross contamination. b) In 

### offyears participant wi ll submit a declarati on that th e screening process is still in place. 

### 16. Inspection of Processing equipment a) Ve rify equipment is electrical safe and in co mpli ance w ith national electric codes (NEC and/or N FPA), standards 

### (UL 1963 for Refrigerant Recovery equipment, 

### Ul 1995 for Heatin g and Cooling equipment, and /or Hazardou s location:flammable atmosphe re assessments. In addition verify that a competent party calibrates all relevant eq uipment, scales, thermomete rs, and ga u ges. b) I n off years submittal of all cal i bration certificates. 

### 17. Proper MSDS (SDS), PPE and safety considerations a) Verify the access ibility, use and training for i. Proper ventilation and emergency shutdown, cut-off safety features and air monitorin g equipment ii. Hazard containment iii. DOT shippin g qualifications, l ATA cert iv. Emer gency R es ponse- example (ChemTrax) v. Verify that Staff is trained and ha ve app ropriate EPA 

### 609 certificate vi. Verify appropriate MSDS sh eets an d chemica l info rm ati on is ava il ab l e b) In 

### offyea rs resubmittal of documents showing contin u e compliance to above The recommendations are that th ese requirements be audited by an accredited 3rd party. This could be any certification o rganization su ch as lnterte k, 

### UL, CSA etc
.... as l ong as they have the specific sta n dards and experience within their scope of acc red ita tion. It i s suggested that the on-site inspection be p erfo rm ed as an initi al audit., however pri or to the audit a pre meeting with the participant be performed to educate on what the auditor will be lookin g for and what i s needed to show compliance. This will help speed the on-site process along a nd 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 parti cipant, basically se lf -certify. This documentation should be don e annually to insure co ntinued comp l iance. This will keep cost down to minimum whiles still ma i ntain 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 estab li sh high l evels of co m plian ce across the industry.

One last recommendation would be that we open the definition of what defines a reclaimer. Currently there are dea le rs , resellers and separation fac iliti es wh i ch all h ave some hand in the lifecycle of refrigerants, which is what I define as takin g used refri gerant 

### off the market, processing and/or packaging it in some way then reselli ng it back into th e market
. These requirements sho uld be app lic able to those businesses as well if we are to truly protect the envi ronment and maintain the integ rity of the industry As always I'm mor e than happy to furthe r discuss th ese in detail and more so with th e EP A sh ould we decide to move forward.

Andy Gbur l ntertek Senior D irector- Chemical Services Phone : 6 14· 279-6433 Mobde : 614 · 679-5479 1 7 1 7 Arlingate La ne Columbus. Ohio 43228 Andy Gbur® irnertek com 

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