EPA Proposes Flammable Refrigerants as Part of Climate Action Plan

Announced widely by press release and pre-released unofficial version, the Environmental Protection Agency (EPA) is proposing to approve the use of five "climate-friendly" refrigerants in new appliances/machines only for certain applications as part of President Obama's Climate Action Plan. Four of the five "climate-friendly" refrigerants are highly flammable hydrocarbons while the other is a slightly flammable hydrofluorocarbon (HFC).  While many of these appliance/machine types are commonly recycled by ReMA members, it will likely be several years before large numbers of appliances containing these flammable fluids arrive at members' facilities. The four hydrocarbons—ethane, propane, isobutane, R-441A (mixture)—and the one HFC (R-32) are intended to replace ozone-depleting refrigerants (e.g., R-22) and certain HFC refrigerant substitutes (e.g., R-134a).  Propane may be used in new household refrigerators and freezers while propane, R-441A, and R-32 may be used in residential and light-commercial AC units and heat pumps. The four hydrocarbons may also be used in certain non-residential machines and applications (e.g., vending machines and retail-food refrigeration). Of practical relevance, the four hydrocarbons (but not R-32) would be conditionally exempted from the general prohibition on venting refrigerants. Importantly, this exemption would not negate any other applicable regulations (e.g., applicable state limits on VOC emissions). Of note, the proposal does not identify the recycling industry as a potentially affected industry; thus, it does not consider certain potential regulatory issues such as the significance of venting flammable hydrocarbons under the Resource Conservation and Recovery Act (RCRA). ReMA will review the proposal and almost certainly submit comments. Comments will be due 60 days after the official version's publication in the Federal Register. For more information or to suggest topics to include in comments on the proposal, please contact David Wagger, director of environmental management at (202) 662-8533.

EPA Releases New CRT Rule, Tightening Exports for Reuse
The U.S. Environmental Protection Agency (EPA) has released revised regulations for the export of cathode ray tubes (CRTs) which affect all persons who export used CRTs for reuse and recycling.   While the new rules – which take effect on Dec. 26 of this year -- retain the conditional exclusion from solid waste for used CRTs, they increase reporting requirements as follows:

(1)    A new definition of “CRT Exporter”, has been added to consolidate the export related activities and assign responsibility for the CRT Exporter since there is often several persons involved in the export of CRTs.  “CRT Exporter” is any person in the United States who initiates a transaction to send used CRTs outside of the United States or its territories for recycling or reuse, or any intermediary in the United States arranging for such export. While only one submission is required, persons involved in the export should coordinate and assign exporter responsibilities among themselves as all persons are jointly and severally liable for failing to comply.

(2)    Submission of Reports for Used CRTs Sent for Recycling to EPA by March 1 of each year

a.    The report summarizes:  quantity (in kilograms); frequency of shipment; and ultimate destination(s) of all used CRTs exported for recycling during the previous calendar year;   

b.      Reports must also include the name, EPA ID number (if applicable), mailing and site address of the CRT exporter, the calendar year covered by the report a signed certification that certifies under penalty of law that shipments have been personally examined and are true, accurate and complete;

c.      To avoid duplicative submissions, EPA expects only one person to perform the CRT Exporter duties. 

(3)    Notification Requirement to Now Include Expected Quantity of Used CRTs to be Sent to Each Facility

(4)    One-time Notice Replaced with Notification to Cover Export Activity Extending a 12-month or lesser period.  The written notification, signed by the CRT Exporter must contain the following information:

1. The name, mailing address, telephone number, and EPA ID number (if applicable) of the CRT Exporter;
2. Estimated frequency or rate of exports for reuse and period of time for such exports;
3. Estimated total quantity to be exported in kilograms;
4. All points of entry to and departure from each transit country through which exports occur, a description of the approximate length of time the exports will remain in such country, and the nature of their handling while there;
5. Description of the mode of transportation and type(s) of container
6. Name and address of the ultimate destination facility or facilities where such CRTs will be reused, refurbished, distributed or sold, and the estimated quantity sent to each facility and any alternate destination facility;
7. Description of the manner in which such CRTs will be reused in the foreign country; and,
8. A certification signed by the CRT Exporter that certifies under penalty of law that the CRTs described in the notice are intact and fully functioning or capable of being functional after refurbishment and will be reused or refurbished then reused.

 For more information about the revised CRT rule, please contact ReMA staff Eric Harris or David Wagger.