The Reality of the EPA Penalty
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by: DanielStouffer | Total views: 68 | Word Count: 546
With the phase-out program of refrigerant gas underway, facilities are at risk for a steep EPA penalty if they have equipment that uses this ozone-depleting gas and do not follow the U.S. Clean Air Act requirements. Equipment that falls under the law are 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.
Facilities that improperly emit, vent, or dispose of refrigerant gas are subject to the EPA penalty. Fines of up to $25,000 a day, per violation can be charged for improper servicing and unsafe removal of any equipment using restricted substances. Fines are also applied if refrigerant gas is improperly recovered. There is a technician certification program established by the government for those who provide service, repair, maintenance, or disposal of equipment containing refrigerant gases. The program is designed to minimize the chances of a hefty fine.
There are substantial costs to violators, so it's essential for businesses and municipalities to track every pound of gas and manage its inventory across all locations. According to the EPA penalty guidelines, a $32,500 fine per day, per unit is assessed for refrigerant leaks not fixed within 30 days and a $300K per 30 pound cylinder is levied for the illegal purchase of used or imported refrigerant gas.
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.
Because refrigerant gas contains chlorofluorocarbons and hydrochlorofluorocarbons, identified as the major causes of ozone depletion, its use is being reduced, and eventually eliminated, worldwide. The plan reduces the use of R-22 refrigerant gas by 75% by 2010 and eliminates it by 2015. The EPA penalty increases as the complete phase-out comes to a close.
EPA penalty policies are based on the guidelines established by the U.S. Clean Air Act, and its international counterparts, the Montreal Protocol and the Kyoto Protocol, to control the use of refrigerant gas as a means of reducing the damaging impact it has on the ozone layer and lower the potential for global warming. Penalties are being issues to protect the environment and to encourage facilities to improve their carbon foot print.
About the Author
Daniel Stouffer has much more information on the need for effective refrigerant gas management and more data about the epa penalty.
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