1717 Arlingate Lane Columbus, OH 43228

Telephone: +1 (614) 279-8090 www.intertek.com

Ken and Pete,

As we have discussed I have been looking into ways that we can improve the effectiveness of the EPA Reclaimer program. I’ve taken into consideration i mprovements to mitigate the risk to the environment and to the overall health and safety of the employees, all with the intention of protectin g the image of the Reclamation Industry as being a su stainable steward of the environment.

One point of emphasis that we should consider is th e overall safety of the Reclaimer environment. With the introduction of new near flammable and fla mmable component refrigerants extra care must be taken to handle these materials. When reclamati on batches are in the 10k-100k lbs. range a catastrophic failure in the processing can lead to a major release. In the validation process of Reclaimers this must be addressed.

For simplicity I and limiting the scope to just the requirements currently dictated within Section 608

. What I am recommending is that these requirements b e audited by an accredited 3 rd party at some regular interval, every 2-3 years or at any major c hange within an organization. In the off audit yea rs the business would be able to self-recertify by pro viding documented evidence of compliance. This will keep cost down to a minimum while still mainta in a high level of integrity.

With this said here are the suggestions for auditin g, documentation and reporting that Intertek would recommend showing initial and continued compliance to the EPA guidelines, mitigating risk to the environment and providing a safe working environmen t. These by all means are not definitive criteria, but merely ideas for us and possibly the EPA to fur ther discuss and define if deemed criteria that the y would like to pursue.

**Checklist for EPA Approval of Refrigerant Reclaimer s** 

1. List the complete name and address of the reclaimer (§82.164(e)(1)). Include the address where reclamation will take place, if it differs from you r business address.

a) Intertek would verify place of business via actual on-site inspection b) Off years would require copy of current lease.

2. List the names of the business owner and the respon sible officer (§82.164(e)(1)) who will serve as an EPA point of contact.

a) Intertek would verify employment of contact name

3. List of the equipment used to reprocess the refrige rant (§82.164(e)(2)). If reprocessing equipment was purchased off the shelf, please provi de make, model, and serial number. If equipment is generic or was manufactured by the rec laimer, please provide a description and photographs of the equipment and processes. Note th at equipment used to recover refrigerant directly from air-conditioning and refrigeration eq uipment must be certified by ARI or UL under the ARI 700-1995 (2014 or most recent version) Standarda) Intertek would visually catalog, photo, schematic r eclamation equipment b) Documentation from participant as to what equipment is being used

4. List of the equipment used to analyze the refrigera nt (§82.164(e)(2)). If an independent laboratory is used to analyze the refrigerant, subm it the name, address, and phone number of the laboratory, and the list of equipment used by t he laboratory to analyze the refrigerant. Please submit a letter from the laboratory confirmi ng an agreement with your organization. Be advised that if the laboratory fails to verify refr igerant purity using the methods set forth in ARI 700-1995, you are responsible for this failure.

a) Intertek would audit laboratory to confirm testing capabilities to the required ARI-700 test methods. Also confirm that applicant is a reg ular 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 will be reproces sed to all of the specifications set forth in ARI 700-1995 (2014 or most recent version), Specifications for Fluorocarbon Refrigerants (§82.164(a)) that are applicable to that refrigeran t.

a) Intertek would verify reports with batch numbers an d finished product.

6. Certification that the specifications of the refrig erant will be verified using the methods set forth in ARI Standard 700-1995 (2014) (§82.164(b)). Please be advised that if the laborat ory fails to verify refrigerant purity using the method s set forth in ARI 700-1995 (2014), you are responsible for this failure.

a) This seems redundant to #4 and 5. Frankly you coul d do away with #5 and just use #6 as it is ultimately the end goal. Who cares if/how it was processed as long as the end product is tested to and meets ARI 700-1995.

7. Certification that no more than 1.5 percent of the refrigerant will be released during the reclamation process (§82.164(c)).

a) Intertek would review logs on refrigerant in and re frigerant out. Oil, water, mixed refrigerants and other wastes will be taken into co nsideration and a total mass balance calculation will be done. Waste mass will be verif ied by looking into waste disposal methods and invoices.

8. Certification that wastes from the reclamation proc ess will be disposed of in accordance with all applicable laws and regulations (§82.164(d)).

a) Intertek will compare the waste theoretically produ ced from the processing and compare that to actual masses on waste disposal invoices.b) Intertek will validate that Waste disposal service/ process conforms with local, state and federal regulations. If a vender is used we will ve rify appropriate licenses.

9. Initial refrigerant screening process – This serves 2 purposes. First it will confirm identification of the refrigerant so they know how to safely process. Second with the proper identification they will be less likely to mix refr igerants. For example R-22 has numerous replacements on the market. The old method of Pres sure temp ID does not work as the alternatives all have similar properties. If prope r ID is not made refrigerants can be easily mixed and then create a larger volume of waste mate rial which in my opinion has a higher risk of being released to the atmosphere as a method of disposal.

a) Intertek will verify that they had an accurate iden tification process

b) Sample handling and logistical process provide low risk of cross contamination

10. Inspection of Processing equipment

a) Is equipment electrical safe and in compliance with national electric codes and/or standards (UL 1963 for Refrigerant Recovery equipme nt), Hazardous location flammable atmosphere

b) Calibrated equipment, scales, thermometers, gauges etc.. by 3 rd party

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

a) Verify Proper ventilation and emergency shutdown, c utoff safety features and air monitoring equipment

b) Verify that Staff is trained and have appropriate E PA 609 certificate

c) Verify appropriate MSDS sheets and chemical informa tion is available

12. Acknowledgment that Reclaimers must maintain record s of the names and addresses of persons sending them material for reclamation and the quant ity of the material (the combined mass of refrigerant and contaminants) sent to them for recl amation. Such records shall be maintained on a transactional basis (§82.166(g)).

a) Intertek will verify that information is being reco rded

13. Acknowledgment that Reclaimers must maintain record s of the quantity of material sent to them for reclamation, the mass of refrigerant recla imed, and the mass of waste products. Reclaimers must report this information to EPA annu ally within 30 days of the end of each calendar year (§82.166(h)).

a) Intertek will verify that information is being reco rded and in line with sales, inventory, and waste data. (some % deviation will need to be a greed upon)14. Acknowledgment that certificates are not transferab le-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) Intertek shall verify ownership and length of owner ship

15. 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 r efrigerant unless it has been reclaimed by an EPA-certified reclaimer, e xcept in cases where the refrigerant was used only in a motor vehicle air conditioner (MVAC) or MVAC-like appliance and is to be used only in an MVAC or MVAC-like appliance or in c ases where the refrigerant is contained in an appliance that is sold or offered for sale to gether with the refrigerant (§82.154(g) & (h)).

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

16. Acknowledgment that failure to abide by any of the provisions of 40 CFR 82 may result in revocation or suspension of the certification of th e reclaimer (§82.164(g)).

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

17. Certification that the information given in the cer tification is true and correct (§82.164(e)(3)).

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

One last recommendation would be that we open the d efinition of what defines a reclaimer. Currently there are dealers, resalers and separation faciliti es 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 int o 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 always I’m more than happy to further discuss th ese in detail and more so with the EPA should we decide to move forward.

Andy Gbur Intertek Senior Director - Chemical Services
Phone: 614-279-6433 Mobile: 614-679-5479

1717 Arlingate Lane Columbus, Ohio 43228 Andy.Gbur@intertek.com www.intertek.com