Workshop F

Managing Ozone Depleting Substances Compliance, New Rule

Changes and How that Impacts Your Compliance Program

Tuesday, March 21, 2017 9:45 a.m. to 11 a.m.

1

Biographical Information

William J. Bruscino, C.M. Manager of Consulting Services – Ohio

Trinity Consultants 110 Polaris Parkway, Suite 200, Westerville, Ohio 43082

614.433.0733 Fax: 614.433.0734 bbruscino@trinityconsultants.com

Mr. Bruscino manages air quality permitting and compliance services for industries such as refining, chemical manufacturing upstream and midstream oil and gas, and general manufacturing. His experience includes Title V and PSD permitting in EPA Regions IV, V, and VI as well as compliance assessments and implementation projects. Mr. Bruscino has assisted multiple facilities in establishing Title V and minor source air compliance programs including environmental management information system (EMIS) implementations. He has also completed a number of general 3rd party compliance audits covering 40 CFR 82, Ozone Depleting Substance requirements and has designed Microsoft Excel based ODS calculation spreadsheets and compliance tracking tools to simplify regulatory compliance with the ODS regulations. Mr. Bruscino currently manages Trinity’s Columbus, Ohio office and routinely teaches Trinity’s Environmental Reporting Requirements in Ohio course. He is a member of the Air & Waste Management Association and Ohio Chemistry Technology Council. Mr. Bruscino graduated from the University of Cincinnati with a Bachelor’s degree in Chemical Engineering.

DJ Wheeler, C.M.

Managing Consultant Trinity Consultants

110 Polaris Parkway, Suite 200, Westerville, Ohio 43082 614.433.0733 Fax: 614.433.0734

dwheeler@trinityconsultants.com

Mr. Wheeler provides air quality permitting and compliance services for industries such as oil and gas, metallurgical coke production, secondary aluminum recycling, petroleum refineries, steel mini-mills, and gas-fired electricity generating units. He has specialized experience with air dispersion modeling, including full impact analyses for PSD permit applications. He has assisted clients with the development of enterprise-wide ODS management policies and has participated in general Title V compliance assessments including ODS support. Mr. Wheeler currently operates as a Managing Consultant in Trinity’s Columbus, Ohio office. He received a Bachelor’s degree in chemical engineering from the University of Michigan.

Workshop FFinal Updates to Refrigerant Management Requirements

March 21, 2017

Bill Bruscino, Principal ConsultantDJ Wheeler, Managing Consultant

Workshop Agenda> Summary of regulatory updates

> Extension to non-ODS substitutes> Additional disposal requirements> Leak repair revisions

> Case studies> Recommendations

> Audit preparation tips> Common mistakes

Regulatory Background

> Rule represents overhaul of 40 CFR 82, Subpart F

> Revisions proposed on 11/09/2015 (80 FR 69457) Replaced 12/15/2010 proposal

> Finalized on 11/18/2016 (81 FR 82272)> Staggered compliance dates of

01/01/2017, 01/01/2018, & 01/01/2019

Article provided at:http://www.trinityconsultants.com/news/federal/epa-releases-advance-copy-of-final-protection-of-stratospheric-ozone-rule

Changes to Subpart F SectionsOld Rule˃ 82.152 - Definitions˃ 82.154 – Prohibitions˃ 82.156 – Required practices; (i)

includes leak repair provisions˃ 82.158 – Standards for recycling &

recovery equipment˃ 82.160 – Approved equipment

testing organizations˃ 82.161 – Technician certification˃ 82.162 – Certification by owners

of recovery & recycling equipment

˃ 82.164 – Reclaimer certification˃ 82.166 – Reporting &

recordkeeping requirements

New Rule˃ 82.152 - Definitions˃ 82.154 – Prohibitions˃ 82.155 – Safe disposal of

appliances˃ 82.156 – Proper evacuation of

refrigerant from appliances; (i) applies until 01/01/2019

˃ 82.157 – Appliance maintenance & leak repair (applies staring 01/01/2019)

˃ 82.158 – Standards for recovery and/or recycling equipment

˃ 82.160 – Approved equipment testing organizations

˃ 82.161 – Technician certification˃ 82.162 – Certification by owners

of recovery & recycling equipment

˃ 82.164 – Reclaimer certification˃ 82.166 – Reporting &

recordkeeping requirements for leak repair (until 01/01/2019)

Italics = newUnderlined = revisedStrikeout = deleted

Key Definitions - Updated˃ Refrigerant – Any substance consisting in part or whole of a class I or

class II ODS or substitute that is used for heat transfer purposes and provides a cooling effect.

˃ Appliance – Any device which contains/uses a refrigerant class I or class II ODS or substitute and is used for household/commercial purposes, including any air conditioner, refrigerator, chiller, or freezer. For a system with multiple circuits, each independent circuit is considered a separate appliance.

˃ Small Appliance – Any appliance that is fully manufactured, charged, and hermetically sealed in a factory with ≤ 5 pounds of refrigerant an ODS used as a refrigerant Includes, but not limited to, refrigerators, freezers, room air

conditioners, dehumidifiers, vending machines, and drinking water coolers

˃ Substitutes are defined as refrigerants, with the following subcategories: Non-exempt substitutes - subject to all provisions of

rule, including sales restrictions, evacuation, recovery/recycling equipment, technician certification, leak repair, and reclamation provisions

Exempt substitutes - exempt from all provisions of rule when used in approved applications

˃ Staggered compliance dates of 01/01/2017, 01/01/2018, and 01/01/2019 (leak repair provisions)

Extension to Non-ODS Substitutes

˃ Venting prohibition (has applied to non-exempt substitutes since 2004) [82.154(a)]

˃ Restriction on sale of used refrigerant [82.154(d)]

˃ Restriction on manufacture and sale of appliances – must be equipped with servicing aperture/process stub [82.154(e)]

˃ Newly manufactured or imported recovery/recycling equipment must be certified (82.158)

˃ Reclaimer certification requirements (82.164)

Extension to Non-ODS Substitutes –01/01/2017 Effective Date

˃ Restriction on sale of new refrigerant [82.154(c)(1)]

˃ Self-sealing valves required on small (≤ 2 lb) cans of refrigerant for motor vehicle air conditioners (MVACs) [82.154(c)(2)]

˃ Technicians must be certified [82.161(a)]

Extension to Non-ODS Substitutes –01/01/2018 Effective Date (1 of 2)

˃ Evacuation requirements for disposal and/or opening of small (≤ 5 lb) appliances, MVACs, and MVAC-like appliances [82.155 & 82.156(b)-(d)]

˃ Evacuation requirements for disposal and/or opening of appliances (except small appliances, MVACs, and MVAC-line appliances) [82.156(a)]

Extension to Non-ODS Substitutes –01/01/2018 Effective Date (2 of 2)

˃ Leak repair provisions as they apply to appliances with full charge ≥ 50 lbs refrigerant (82.157)

Extension to Non-ODS Substitutes –01/01/2019 Effective Date

˃ Two options for those that take final step in disposing of small (≤ 5 lb) appliances, MVACs, and MVAC-like appliances Option 1 – evacuate and recover refrigerant Option 2 – verify that refrigerant has been evacuated

previously via signed statements or contract˃ 2016 rule

Relocates these provisions from 82.156(f) & 82.166(i) to 82.155

Adds requirement to obtain signed statement in the event that all refrigerant in an appliance has “leaked out” prior to delivery due to unavoidable occurrences – effective date = 01/01/2017 for ODS-containing refrigerants and 01/01/2018 for non-exempt substitutes

Revised Disposal Requirements (1 of 2)

˃ 2016 rule adds explicit recordkeeping requirements for disposal of appliances with full charge > 5 lbs and ≤ 50 lbs [82.156(a)(3)] Company name Location of the appliance Date of recovery Type of refrigerant recovered for each appliance The quantity of refrigerant, by type, recovered from all

disposed appliances in each calendar month The quantity of refrigerant, by type, transferred for

reclamation and/or destruction The person to whom it was transferred The date of transfer

˃ Effective date = 01/01/2018

Revised Disposal Requirements (2 of 2)

Revisions to Leak Repair Provisions –Applicability & Leak Rates˃ Clarifies that rule applies to appliances

with full charge ≥ 50 lbs˃ Codifies long-standing interpretation that

each independent circuit is considered a separate appliance

˃ Lowers allowable leak (or repair “trigger”) rates [82.157(c)(2)] Comfort cooling & other units - 15% to 10% Commercial refrigeration – 35% to 20% Industrial process refrigeration - 35% to 30%

Effective date = 01/01/2019

Revisions to Leak Repair Provisions –Verification Testing˃ Initial verification test – leak tests that are conducted

after the repair is finished to verify that a leak or leaks have been repaired before refrigerant is added back to the appliance

˃ Follow-up verification test – leak tests that involve checking the repairs to an appliance after a successful initial verification test and after the appliance has returned to normal operating characteristics and conditions to verify that the repairs were successful

˃ 2016 rule revisions [82.157(e)] Expands verification testing from industrial process

refrigeration (and federally-owned) appliances to all types of appliances

Shortens window for performing follow-up verification test from 30 days to 10 days of initial verification test or of the appliance achieving normal operating characteristics and conditions

Effective date = 01/01/2019

˃ Establishes proactive leak inspection requirements if exceed allowable leak rates [82.157(g)] Commercial & industrial process refrigeration

≥ 500 lbs – quarterly, until 4 consecutive quarters w/ no leaks above allowable leak rate

All other units ≥ 50 lbs – annually, until 1 year w/ no leaks above allowable leak rate

Must be performed by certified technicians Not required if equipped with automatic leak

detection system

Effective date = 01/01/2019

Revisions to Leak Repair Provisions –Leak Inspections

˃ Can directly detect refrigerant in air, monitor its surrounding in another manner, or monitor appliance conditions [82.157(g)(4)]

˃ Must be audited or calibrated annually˃ If detect refrigerant in air:

Appliance must be located indoors Have 10 ppm accuracy Have 100 ppm alert level

˃ Other systems must alert when lose 50 lbs or 10% of full charge, whichever is less

˃ If only used to monitor portion of appliance, then inspections apply to remainder

Effective date = 01/01/2019

Revisions to Leak Repair Provisions –Automatic Leak Detection Systems

˃ Reporting required for appliances ≥ 50 lbs that leak more than 125% of their full charge in calendar year [82.157(j)] Calculation = amount added / full charge (do

not use standard leak rate calculation methods for this purpose)

Due 3/1 of following year

Effective date = 01/01/2019

Revisions to Leak Repair Provisions –Significant Leak Reporting

˃ Creates more standard list of available extensions from 30 day repair window across all appliance types [82.157(f)]1. Mothballing (no change)2. 120 day repair window if industrial process shutdown required

(still only applicable to industrial process refrigeration appliances)3. Necessary parts are unavailable (expanded to commercial

refrigeration, comfort cooling, and other appliances) – up to 30 days from when parts received and no more than 180 days after leak rate exceeded

4. Located in area subject to radiological contamination or shutdown will cause radiological contamination (extended beyond federally-owned appliances)

5. Requirements of other Federal, state, or local rules make repair within allowable window impossible

Effective date = 01/01/2019

Revisions to Leak Repair Provisions –Repair Window Extensions (1 of 2)

˃ Must request approval from EPA for options 3-5 within 30 days of exceeding leak rate

˃ Requests considered approved unless EPA notifies otherwise

Effective date = 01/01/2019

Revisions to Leak Repair Provisions –Repair Window Extensions (2 of 2)

˃ Adds definitions of retrofit and retire Retrofit - convert an appliance from one refrigerant to another

refrigerant Retire - removal of refrigerant and the disassembly or impairment

of the refrigerant circuit such that the appliance as a whole is rendered unusable by any person in the future

˃ Must develop plan within 30 days of exceeding leak rate (or failed follow-up verification test)

˃ Adds minimum content requirements for retrofit/retirement plans [82.157(h)] ID/location, existing type and full charge, type and full charge of

new refrigerant, itemized procedure for retrofit, disposition plan for recovered refrigerant, disposition plan for retired appliance, schedule (not to exceed 1 year), and signature of authorized company official

All identified leaks must be repaired as part of retrofitEffective date = 01/01/2019

Revisions to Leak Repair Provisions –Retrofit or Retirement Plans

˃ Consolidates existing retrofit/retirement plan off-ramp provisions into one option for all appliance types [82.157(h)(5)(ii)]

˃ Can request off-ramp if Establish that appliance no longer exceeds applicable

leak rate within 180 days of plan’s date, and Agree to repair all identified leaks within 1 year of

plan’s date˃ Requests considered approved unless EPA notifies

otherwise within 60 days of receipt of requests

Effective date = 01/01/2019

Revisions to Leak Repair Provisions –Retrofit or Retirement Plan Off-Ramps

˃ Modifies available extensions by appliance type [82.157(i)] All appliances automatically allowed 18 months to retire an

appliance if replacement uses exempt substitute Federally owned equipment can extend for additional year if 1)

federal procurement process complications result in delivery time of > 30 weeks, or 2) appliance is located in area subject to radiological contamination and creating safe working environment will require > 30 weeks

Industrial process refrigeration can extend if 1) delay caused by other regulations, or 2) component for custom built appliance or custom built appliance has delivery time > 30 weeks from order (adds provision to require installation within 120 days of delivery)

˃ Requests considered approved unless EPA notifies otherwise within 60 days of receipt of requests

Effective date = 01/01/2019

Revisions to Leak Repair Provisions –Retrofit or Retirement Plan Extensions

˃ Allows refrigerant addition to be excluded from leak rate calculations if addition is due to seasonal variance [82.157(b)]

˃ Season variance - the removal of refrigerant from an appliance due to a change in ambient conditions caused by a change in season, followed by the subsequent addition of an amount that is ≤ the amount of refrigerant removed in the prior change in season, where both the removal and addition of refrigerant occurs within one consecutive 12-month period

Effective date = 01/01/2019

Revisions to Leak Repair Provisions –Seasonal Variance Provisions

˃ Expanded servicing records (ID/location of appliance, date of service, parts of appliance serviced and type of service made to each part, name of person performing the service, amount and type of refrigerant added to or removed, full charge, leak rate, leak rate method used)

˃ Expanded full charge records (full charge, method used, revisions, and date of revisions) for all full charge methods

˃ Expanded verification test records (location of repairs tested, date, type, and results)

˃ Adds explicit records for mothballing (date and return to service)˃ Adds explicit records for seasonal variance (dates of removal and

corresponding addition)˃ Adds records of leak inspections (date, method used, leak locations, and

certification that all visible parts inspected)˃ Adds records for automatic leak detection systems (installation, annual

audit and calibration, and date/location of leaks detected)˃ Purged refrigerant records (when exempting from leak rate calculations)˃ Copies of reports and requests submitted to EPA˃ Copies of retrofit/retirement plans

Underlined = newEffective date = 01/01/2019

Revisions to Leak Repair Provisions –Recordkeeping [82.157(l)]

> Eliminates one-time notification of acquisition of certified recovery/recycling equipment (effective date = 01/01/2017)

> Requires notifications/reports to be submitted electronically to 608reports@epa.gov [82.157(m)](effective date = 01/01/2019)

Revisions to Leak Repair Provisions –Notifications & Reporting

> Modifies definition of disposal to explicitly cover vandalism or intentional cutting of refrigerant lines (effective date = 01/01/2017)

> Approved equipment testing organizations must publish online list of certified recovery/recycling equipment (effective date = 01/01/2017)

> Technician certification programs, excluding Federally-run programs, must publish online list of technicians they have certified on or after 01/01/2017 (effective date = 01/01/2018) Must update lists annually Technicians can opt out being included in such lists

Miscellaneous Changes

Questions?

How Do I Calculate Leak Rates?> Not defined in the rules until 01/11/2005

amendments Annualizing method defined in 10/1995 EPA

guidance documents for IPRAs> 01/11/2005 amendment allows two methods:

Annualizing method (most common) Rolling average method Only one method can be used per facility

♦ “The rate is calculated using only one of the following methods for all appliances located at an operating facility.”

Leak Rate Calculation Method #1 –“Annualizing Method”

> Step 1. Take the # of pounds of refrigerant added to return appliance to a full charge and divide it by the # of pounds of refrigerant the appliance normally contains at full charge;

> Step 2. Divide 365 days by the shorter of the # of days that have passed since the last day refrigerant was added or 365 days;

> Step 3. Take the # calculated in Step 1 and multiply it by the # calculated in Step 2; and

> Step 4. Multiply the # calculated in Step 3 by 100 to calculate a percentage

Leak Rate Calculation Method #2 –“Rolling Average Method”

> Step 1. Take sum of the quantity of refrigerant added to the appliance over the previous 365-day period (or over the period that has passed since leaks in the appliance were last repaired, if that period is less than one year);

> Step 2. Divide the result of Step 1 by the quantity of refrigerant the appliance normally contains at full charge; and

> Step 3. Multiply the result of Step 2 by 100 to obtain a percentage

Leak Rate Calculation

100addedlast t refrigeran since days 7day/yr 365

charge fullin t refrigeran lbs 250addedt refrigeran lbs 2

> Determines the amount of refrigerant that wouldleak out in a year if nothing done

> Example (using “Annualizing Method”):Day 1 - Unit fully charged with 250 lbs of R-22Day 8 - Unit found to have lost 2 lbs of R-22

Leak Rate = 41.7% =

Leak Rate Calculation Comparison> Which method provides the most flexibility?> Example (using 250 lbs full charge on CCA)

> Consider potential for error and timeline for repair

DayPounds Added

Annualized Method

Rolling Average

Notes

1 250 Unit Repaired60 5 12% 2%120 5 12% 4%180 5 12% 6%210 10 49% 10% Repair Required240 10 14%270 10 18% Repair Required

Example 1. Typical Repair

Day 0

• Identify leak on 1,200 lbs R‐22 CCA

Day 1

• Isolate & Recover 960 lbs R‐22

• Fix Leak• Successful initial verification test

• Perform Leak Rate Calculation

Day 2

• Dehydration evacuation

• Add 960 lbs of recovered R‐22 and 240 lbsnew R‐22

• Place unit in operation

Day 3

• Complete successful follow‐up verification test

Example 2. Multiple Repair Attempts

Day 0

•Identify leak on 1,200 lbs R‐22 CCA

Day 1

•Isolate & Recover 960 lbs R‐22

•Fix Leak•Successful initial verification test

•Perform Leak Rate Calculation

Day 2

•Dehydration evacuation

•Add 960 lbs of recovered R‐22 and 240 lbsnew R‐22

•Place unit in operation

Day 10

•Failed follow‐up verification test

•Isolate and Recover 1,160 lbs R‐22

•Fix leak, Attempt #2

•Successful Initial Verification test

Day 12

•Dehydration evacuation

•Add 1,160 lbsof recovered R‐22 and 40 lbsnew R‐22

•Place unit in operation

Day 13

•Successful follow‐up verification test

Example 3. System Mothballing

Day 0

• Identify leak on 1,200 lbsR‐22 CCA

Day 1

• Isolate & Recover 960 lbs R‐22

Day 2

• Fix Leak, Attempt #1

• Failed initial verification test

• Perform Leak Rate Calculation

Day 10

• Identify replacement part that needs to be ordered & mothball unit

Day 31

•Receive Part

Day 32

• Fix leak, attempt #2

• Successful initial verification test

Day 33

•Dehydration evacuation

•Add 960 lbsof recovered R‐22 and 240 lbs new R‐22

•Place unit in operation

Day 35

• Successful follow‐up verification test

Questions?

Common Mistakes

> Not performing leak rate calculations promptly, if at all Only have 30 days from discovery to repair leaks if over trigger

rate> Assuming your contractor is handling the leak

repair provisions (calculations, etc.) for you You are responsible for violations no matter what the cause!

> Assuming technicians have been trained on leak rate recordkeeping & reporting provisions

> Not knowing which units have full charge > 50 lbs> Incomplete service records (often just an invoice is not

enough) Not enough information on leak locations

> Not maintaining technician certifications

Recommendations> Implement program with primary goal of fixing all

identified leaks within 30 days – simplifies regulatory impact, the KISS method

> Educate your maintenance personnel and/or contractor Annual refresher training (document)

> Develop inventory Focus on > 50 lbs units first Develop on circuit-by-circuit basis

> Create/purchase a system (e.g., spreadsheet, database) to store refrigerant addition data and automatically calculate leak rates on units > 50 lbs Can also be used to summarize maintenance & verification

tests Can also be used to manage disposal recordkeeping

Recommendations> Assign responsible person who knows where everything is

Frequent communication between maintenance and environmental organization

Establish single points of contact

> Develop timely process for integrating contractor service data into leak rate management program – “short feedback loop” They should provide amounts of refrigerant added the day the work is

performed!

> Require technicians to provide detailed information on leak locations to back-up fact that subsequent leaks are new leaks Pictures, drawings, and/or descriptions

> Consider the value of auditing your program Records and systems

Contractor practices

> Add labels/tags clearly identifying > 50 lbs units & evacuation requirements Tips off technicians that leak rate provisions are in play

> If leak rate calculations have never been done, perform historical calculations (3 years) to populate the spreadsheet & determine if any units are a potential problem 5 years if you have a Title V permit

> Tighten contract language for HVAC contractors> Utilize general facility communication tools (i.e.,

newsletters, e-mail) to notify personnel on ODS purchasing/disposal process

Recommendations

ODS Tracking Tools> Spreadsheet, database, or off-the-shelf software

Refrigerant Compliance Manager (ESS) Refrigerant & Fugitive Emissions Manager (Verisae) Refrigerant Management System (Intelex)

> Includes ODS equipment inventory Must contain > 50 pounds refrigeration units

♦ May contain all refrigerant-containing equipment♦ May contain halon equipment

Sorted by location and equipment ID Includes equipment information and ODS information

ODS Tracking Tools> Keeps maintenance & repair records> Performs leak rate calculations

Complies with 40 CFR 82, Subpart F Unit information Leak rate calculation history Follow-up inspection tracking

> Equipment disposal tracking Form generation Historical tracking

♦ Automatically updated upon completion of the disposal form

Subpart F Matrix by Appliance/Refrigerant TypeCategory

VentingProhibition

Sales Restrictions

Evacuation Req’s

Technician Certs

DisposalReq’s

Leak Rate Provisions

Appliances w/ Non‐ODS Substitutes

Yes(unless listed as exempt)

Used (2017)New (2018)

Yes (2018) Yes (2018) Yes (2018) Yes (2019 for >50 lbs ODS)

SmallAppliances(≤ 5 lbs ODS)

Yes Yes Yes(specific)

Yes Yes(specific)

No

MediumAppliances(> 5 lbs & ≤ 50 lbs ODS)

Yes Yes Yes Yes Yes No

Large Appliances(>50 lbs ODS)

Yes Yes Yes Yes Yes Yes

Contact Information:Bill Bruscino – bbruscino@trinityconsultants.comDJ Wheeler – dwheeler@trinityconsultants.com

Columbus Office – (614) 433-0733

Article provided at:http://www.trinityconsultants.com/news/federal/epa-releases-advance-copy-of-final-protection-of-stratospheric-ozone-ruleComplete summary table in PDF format provided at:http://www.trinityconsultants.com/Documents/Summary-of-Key-Revisions-to-Refrigerant-Management-

Questions?