Arkansas HVACR NewsMagazine November 2018

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refrigerants. They are simply requesting public comments on whether individuals should be required to hold a Section 608 card to purchase, handle, and charge/recover non-ozone depleting refrigerants. • R-22 is considered an ozone depleting substance (ODS), while products like R410a are considered non-ODS. However, R410a has a high global warming potential (GWP) value, which is why the EPA restricted the sale to only Section 608 certified individuals. • The sales restriction issue is being discussed because the EPA is reviewing its authority to regulate non-ODS. R-22 is an ODS and is being phased out of the market due to the Montreal Protocol. To replace R- 22, the industry has been using substitute refrigerants like R-410a. The current popular substitutes are considered to have a high global warming potential (GWP), which is why the EPA wanted to phase them down out during the Obama Administration. chemical manufactures filed a lawsuit against the EPA stating that the EPA did not have the authority to regulate non- ODS. That is, the plaintiffs stated that EPA does not have the authority to regulate refrigerants with high GWP values. Following the court case Mexichem Fluor inc. V. EPA , the courts ruled in favor of Mexichem, et al., stating that EPA could not “order the replacement of substances that • However, several

ACCA Clears Air on EPA & Substitute Refrigerant Question (This article reprinted in part from “ACCA Regulatory Alert” with permission from Todd Washam, ACCA.)

ACCA REGULATORY ALERT EPA SECTION 608 UPDATES –

Myth vs. Fact There is a lot of confusion amongst contractors about updates to EPA’s Section 608 certification, especially the possibility of allowing non-certified individuals to purchase refrigerants. ACCA has been working closely with the EPA, for more than two years, on changes to the EPA’s refrigerant program and Section 608 updates. ACCA is publishing this special alert to clear up the confusion that has been created by entities who do not regularly interact with government officials, like ACCA does. As an ACCA member, you will always have access to reliable information and we encourage you to follow our government relations blogs on a regular basis, so you remain “in the know.” Myth: The EPA published a rule that would rescind the Section 608 certification and allow any person to buy refrigerants.

Fact: The EPA has NOT proposed removing the sales restriction on