EPA Penalty Can Prove Costly To Companies
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by: DanielStouffer | Total views: 78 | Word Count: 554
The phase-out program of refrigerant gas is now in full swing and facilities that use equipment requiring this ozone-depleting gas are at risk for a substantial EPA penalty if they fail to follow the requirements outlined in the U.S. Clean Air Act. Equipment includes refrigeration and air-conditioning systems, commercial refrigeration, heating, ventilation and air conditioning systems, and fire protection systems.
To avoid an EPA penalty, companies, municipalities and property managers that utilize refrigerant equipment must monitor its usage and submit documentation outlining refrigerant management efforts. Those who fail to do so face substantial fines. As such, many facilities are relying on refrigerant tracking and reporting programs that automatically manage their use of refrigerant, identify leaks, track repairs and guide in proper disposal. This allows them to keep current with government policies, compliance requirements and penalties for non-compliance.
The EPA penalty aspect of the U.S. Clean Air Act is managed by the Office of Enforcement and Compliance Assurance. The agency is diligently enforcing requirements to reduce harmful gas emissions. The law allows auditors and inspectors to conduct on-site inspections and request a facility's records regarding their regulation of gases. Without providing proper documentation, or supplying incomplete or missing information, the risk of significant fines is high.
The EPA penalty applies to facilities that improperly emit, vent, or dispose of refrigerant gas. The law requires proper servicing and safe removal of any equipment using restricted substances. Noncompliance could result in fines of up to $25,000 a day, per violation. Additional fines are added if the refrigerant gas is not properly recovered. Because of the substantial penalties involved, the government has developed a technician certification program for anyone who provides service, repair, maintenance, or disposal of equipment containing refrigerant gases.
Under the EPA penalty guidelines, refrigerant leaks not fixed within 30 days are subject to a $32,500 fine per day, per unit. Furthermore, purchasing used or imported refrigerant gas calls for fines of $300K per 30 pound cylinder. With so much money at stake, it is crucial for businesses and municipalities to track every pound of gas and manage its inventory, especially those with more than one location.
The law allows for a period when comments are accepted and updates to the regulations are proposed and implemented. On January 1, 2010, all revisions end, the phase out of refrigerant gas becomes official and the EPA penalty is strictly enforced. Currently, the government agency is taking civil and criminal actions against companies nationwide who violate the law. The total of fines collected is in the billions of dollars.
The problem with refrigerant gas is that it contains chlorofluorocarbons and hydrochlorofluorocarbons. These compounds have been proven to cause major damage to the ozone layer. The plan is to reduce the use of refrigerant gas by 75% by 2010 and eliminate it entirely by 2015. As the phase-out plan rolls out, the EPA penalty increases according to the various stages.
EPA penalty policies under the U.S. Clean Air Act closely follow those established in the international Montreal Protocol and Kyoto Protocol. The intent of the treaties is to reduce the use of refrigerant gas in order to reverse the damaging effects on the ozone layer and prevent global warming in the future. The fines are necessary to encourage facilities to make changes to their carbon foot print so the environment can remain healthy for years to come.
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Daniel Stouffer has much more data on the importance of good refrigerant gas management and more information about the epa penalty.
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