If your company accepts appliances or vehicles for recycling, your supplier contracts and peddler statements must contain specific language mandated by EPA, no later than December 31, 2017.
The Environmental Protection Agency (EPA) has revised the required language for contracts and statements used to verify prior recovery of refrigerant from appliances and vehicles delivered for recycling. To help members comply with the new requirements, ISRI has developed recommended language for contracts which members may copy and paste.
This language may be used in contracts with regular suppliers, thus avoiding certification by shipment from these suppliers. The contract need not specify the name or address of the person actually recovering the refrigerant.
ISRI has also developed recommended language for statements to be used with individual shipments not covered by a contract which members may copy and paste.
These language revisions resulted from the late 2016 changes by the EPA to the Recycling and Emissions Reduction regulations at 40 CFR Part 82, Subpart F under the Clean Air Act. These regulations apply to the recycling of small appliances, motor vehicle air conditioners (MVACs), and MVAC-like appliances (henceforth, “appliances”). The major language changes are:
- The definition of refrigerant now includes all refrigerant substances, both ozone-depleting (e.g., CFCs) and non-ozone-depleting (e.g. R-134a).
- Verification contracts now must specify that the supplier/seller has responsibility for prior proper recovery of refrigerant (there is specific language for this).
- Recyclers must notify appliance suppliers/sellers of the requirements (i.e., Part 82.155(a)) for proper recovery of any remaining refrigerant prior to delivery.
- “Leaked out” is newly defined as a release caused by system failure, accident, or other unavoidable occurrence. If all refrigerant had leaked out of an appliance prior to delivery, the recycler must obtain a signed statement from the supplier/seller that all refrigerant had leaked out prior to delivery and that recovery was not possible.
Please update your verification contracts and statements, as necessary, by December 31, 2017.Details on these revisions can be found in the October 23, 2017 Issue Update.
If you have any questions about the verification documents or the Subpart F regulations, please contactDavid Wagger, Chief Scientist/Director of Environmental Management, at (202) 662-8533.
 Protection of Stratospheric Ozone: Update to the Refrigerant Management Requirements Under the Clean Air Act.81 Fed. Reg. 82272–82395