Compliance and You: Federal Facilities Responsibilities Under the Clean Air Act

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Compliance Issues
Compliance and You: Federal Facilities Responsibilities Under the Clean Air Act
By Robert Johnson, President Environmental Support Solutions
May 18, 2005, 15:25

Overview of the Clean Air Act

More than 30 years ago, the Clean Air Act (CAA) was established to help control five areas of concern regarding our nation's air quality. These regulations are grouped by titles as: Title I, Air Pollution Prevention; Title II, Emission Standards for Mobile Sources; Title III, General Provisions; Title IV, Acid Deposition Control; and Tile V, Permits. Later in 1990, with the amendment of the Act, a sixth title was added to include provisions for the protection of the earth's atmosphere from chlorofluorocarbons (CFCs), with Title VI, Stratospheric Ozone Protection.

Although the CAA has evolved from a simple set of guidelines to a more detailed list of requirements set to be enforced by both the EPA and state environmental agencies, federal levels of government and their facilities are still required to follow the requirements set in these titles.

This article will outline, both generally and specifically, in the areas regarding ozone protection, the responsibilities of federal organizations to stay in compliance with the CAA. Also, the article will examine refrigerant management best practices -- procedures that are not necessarily required -- but are designed to show that a facility is committed to environmentally sound methodology.

Clean Air Act's 10 Requirements for Federal Facilities

Although the Bush Administration has not finalized its review of enforcement methods for facilities that do not comply with CAA and other environmental requirements, if an earlier Clinton Administration decision, known to those involved with federal procurement as the "blacklisting rule" holds, failure to adhere to any of these requirements could place federal organizations at risk for losing federal funding or procurement opportunities. The 10 broad categories under which a federal facility's responsibilities fall are:

Obtaining necessary permits
Maintaining emissions within permitted levels
Complying with State Implementation Plan (SIP) requirements
Ensuring that all CFC technicians attend EPA certified training courses
Ensuring that all CFC recovery/recycling equipment is certified and that CFC's are not vented to the atmosphere
Managing facilities with asbestos-containing material and conducting its removal in conformance with the air toxics program requirements
Complying with applicable federal controls on mobile sources and their fuel
Developing risk management plans where required
Maintaining all required records and documentation
Managing facility construction and modification

Federal Facilities and Refrigerant Management Requirements

In the area of ozone protection, federal facility managers have specific requirements they must meet. These requirements include ensuring that technicians are certified at the correct level, that technicians are using certified recovery equipment, and that technicians are not venting refrigerants while working on appliances that contain refrigerants.

There are very specific leak rate calculation, leak repair and record keeping requirements associated with appliances that contain 50 lbs. or more refrigerant. In addition, all federal facility managers must cooperate with EPA or state officials during facility inspections and maintain the ability to produce required documentation during inspections.

Refrigerant Reporting Requirements

Virtually all commonly used commercial refrigerants in air conditioning and refrigeration appliances, other than ammonia, are regulated. Federal facility managers that own or manage buildings with air conditioning and/or refrigeration equipment, including food distribution, must ensure they are in compliance with EPA refrigerant regulations. To ensure that reporting requirements are meet in an efficient manner, three initial steps should be followed.

Designate a Corporate Refrigerant Compliance Manager

The first step in developing a refrigerant compliance plan is to appoint an individual or team the responsibility and authority to create a plan and to oversee its successful implementation. Coordinating the plan across all company functions and departments is essential. He should have the authority and budget to effect change, be current on the organization's HVAC/R operations, industry standards, and related regulations; and be able to communicate successfully with other departments.

Develop an Accurate and Complete Refrigerant Systems Assessment

Before a refrigerant compliance program is formulated, a comprehensive refrigerant systems assessment should be performed. All equipment containing refrigerants and the quantity of refrigerant each piece contains should be identified, and an accurate and complete database should be established.

Evaluate Existing Work Processes and Procedures

The corporate refrigerant compliance manager will need to understand, evaluate, and institute required administrative controls, policies, and procedures to verify compliance. Required forms must be completed and sent to the EPA, as well as any necessary permits. Organization's must define their existing work processes and modify them accordingly to ensure compliance to EPA requirements. This includes operating and maintenance practices, refrigerant recovery, recycling, and reclamation procedures.

All current processes and procedures should be examined for gaps and potential compliance failure points. New policies and procedures may have to be established to ensure complete accountability from initial refrigerant acquisition through final disposal.

Producing an organization specific refrigerant regulations compliance program is an important step to effective compliance. This should describe how EPA regulations and requirements would be integrated into the organization's existing work processes. It should define the organization's specific policies and procedures for refrigerant handling, from purchase through final disposal, including establishing uniform record keeping methods.

Refrigerant Record Keeping Requirements

EPA regulations identify the federal facility managers, not the contractors, as the party responsible to maintain records on their air conditioning and refrigerant-containing equipment. When working on appliance that contain 50 lbs. or more refrigerant, records must identify the technician and the type of service performed, the amount of refrigerant added and the computed leak rate.

If the computed leak rate exceeds specific limits, repairs must be scheduled and completed within 30 days. In addition, you must keep the technician s proof of certification at their place of employment. It is a good idea to keep technician training certificates, recovery machine information, and repair records on the recovery equipment. EPA requires that records be kept on file and made available for at least three years.

Refrigerant Training Requirements

Training is required within organizations to successfully implement an EPA refrigerant regulations compliance program. Implementation of the training process should be conducted to ensure everyone affected receives a copy of the compliance program and any other information they need to ensure success. This is also a good time to express management's commitment to organizational compliance.

Also, employees should sign a statement of understanding that compliance is a condition of their employment; these requirements should be included in any contractor agreements. In order to maintain ongoing compliance, regularly scheduled compliance update training should be conducted. This will reinforce the importance of compliance and further demonstrate an organization's "intent to comply."

Refrigerant Best Practices: Doing More Than the Required

Along with the EPA requirements that all federal facilities must follow, there are refrigerant management practices that show an organization is committed to thorough and efficient refrigerant management technique. The extensive list of these practices includes, but is not limited to:

Do you have copies, and a complete understanding of the various EPA regulations and requirements applying to refrigerants and their use?
Do you have copies, and a complete understanding of the penalties and enforcement actions the EPA can impose on your organization for non-compliance?
Does your organization have a written Mission Statement for EPA Refrigerant Regulations Compliance specifically documenting your "intent to comply" with EPA regulations?
Does your organization have a written job description for a Facility Refrigerant Manager, responsible for refrigerant management and compliance to regulations, as EPA recommends in its Action Guide?
Has someone in your organization been officially designated as your Refrigerant Compliance Manager? (The EPA will want to speak to this person during a refrigerant compliance inspection).
Does your organization have a written policy for EPA required refrigerant usage record keeping, including a defined and uniform method of collecting, maintaining, and making records available to EPA inspectors upon request?
Does your organization have copies of EPA certifications for all in-house, and contracted technicians working at your facility, to ensure they are properly certified, to present to EPA upon request?
Do you have a written unintentional refrigerant venting, leaking and reporting policy for your refrigerant appliances, equipment and refrigerant inventory?
Do you have a written appliance servicing policy including EPA compliance requirements and specific refrigerant handling procedures?
Do you have a written labeling policy for refrigerant cylinders and appliances using refrigerants per EPA requirements?
Do you have a written refrigerant inventory and storage policy incorporating national and state regulations and building codes?
Does your organization have a written policy for disposal of refrigerant equipment and parts?
Does your organization have a written policy for disposal of used refrigerant lubricants?
Does your organization have a written policy for shipping and transporting of refrigerants, both into and out of your facility?
Does your organization have a written refrigerant inventory management policy including disbursement, cradle-to-grave record keeping and audit tracking of all refrigerants?
Does your organization have a written refrigerant safety policy for handling all refrigerants including required safety equipment and procedures?
Does your organization have a written refrigerant Emergency Response Plan including policy for major venting incidents, maximum exposure levels and evacuation procedures?
Does your organization provide all maintenance personnel with written EPA refrigerant compliance policies and procedures manuals?
Have your organization's EPA Refrigerant Compliance policies and procedures been "effectively communicated to all affected personnel" through documented compliance training sessions?
Do you conduct ongoing EPA Refrigerant Regulations training for your technicians and other affected personnel that includes updates, amendments and changes issued by the EPA?
Do you have a written policy for conducting annual internal Refrigerant Compliance GAP Analysis Surveys to ensure your organization is in compliance with all EPA requirements?

By complying with EPA regulations federal facility managers are doing what is necessary to meet the needs of our nation' air quality, and by implementing refrigerant best practices, it is the EPA's hope that federal entities not only meet expectations under the CAA, but exceed them, so that federal organizations become the model the rest of American business follows.

Environmental Support Solutions (Environ.com), Tempe, Ariz. provides compliance software, training and consulting to organizations affected by refrigerant, indoor air quality, waste, and health & safety issues. For more information ,e-mail Environ.com at info@environ.com , call them at 1-800-289-6116 ext. 1 or visit their compliance information center Web site at www.environ.com .