ACTION NAPA AUTO Parts - 16

Getting legal
How to comply with EPA regulations, and what happens if you don't

he business of servicing automotive air conditioning came under federal regulation in 1992.
The business has changed a lot since then, but
the rules are still the same and still influencing the way shops do business today. Section
609 of the Clean Air Act establishes "standards and requirements regarding the servicing of motor vehicle air
conditioners." Among those standards, the law defines
what kind of service equipment must be used and how to
avoid venting refrigerant into the air. It also requires professional A/C technicians (those getting paid to work with
refrigerant) to obtain training, pass a certification test and
have their certification credentials available for inspection when working with refrigerant. The law also requires
shops to maintain records about their A/C service equipment and refrigerant disposal.
When it was written, the most immediate objective of
Section 609 was to protect the ozone layer that shields
the Earth from harmful ultra-violet irradiation. With the
removal of R-12 from the inventory, that job is done, at
least as far as the automotive industry is conerned. But the
Clean Air Act also charged the EPA with improving the nation's air quality. The definition of "air quality" has been
adjusted as technology, environmental science and politics
have evolved, but the Congressional mandate remains the
same: "...to ensure that all Americans are protected from
significant risks to human health and the environment
where they live, learn and work."
Section 609 is a federal law, and the EPA is responsible
for enforcing it with powers ranging from civil fines to
criminal prosecutions. Violation of the Clean Air Act is
a federal offense, and a conviction can cost up to six figures and include jail time. Fortunately, the EPA recognizes
that environmental laws are evolving and that shop owners
may not be aware of the latest requirements. The EPA also
understands that shops must focus on complying with state
and local regulations too. So the EPA has developed other
enforcement tools that are often more effective than the
threat of criminal prosecution.

Compliance assistance
As the name implies, Compliance Assistance is intended to help shops understand and comply with the law. That
help can come from a number of different sources. The
EPA itself offers one-on-one counseling, online resource

ACTION/NAPA * Spring 2015

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Useful EPA web addresses

ters, fact

These Websites will explain the compliance programs in great
detail, as well as some recent non-compliance enforcement actions. You'll also ﬁnd a blank copy of the equipment certiﬁcation
form that should be ﬁlled out and kept on ﬁle for EPA review.
Main Website - http://www2.epa.gov/compliance
Certiﬁcation Record Forms - http://www.epa.gov/ozone/title6/609/mvac_cert_form.pdf
Enforcement Actions - http://www.epa.gov/ozone/enforce/index.html
EPA Regional Offices - http://www2.epa.gov/aboutepa

sheets, guides and training. This kind of help can be arranged by contacting a regional EPA office. Assistance is
also available from state and local governments, federal
and state small business administrations and trade associations like MACS. Many shop owners proactively seek this
assistance, and it's often recommended by the EPA after a
shop has been inspected and found in violation of the law.

Compliance monitoring
The EPA has hired qualified inspectors to visit shops
and salvage yards to review their records. Those records
must include a registration form documenting that that the
shop or yard owns EPA-approved refrigerant recovery/recycle equipment. The registration form includes the name
and address of the business and the name of the equipment
manufacturer, the equipment model and serial number and
its date of manufacture. Records must also show that each
person using the equipment has been properly trained and
certified to handle refrigerant, shown as Section 609 Certification. Registration record blanks can be downloaded
from the EPA Website, printed and filled in and kept with
the shop's hard-copy records. A copy of this form must
also be sent to the appropriate EPA Regional Office. If
refrigerant is ever shipped off-site, such as to a reclamation facility, the shop must keep records showing the name
and address to which it was sent. The web addresses with
downloadable forms and regional EPA office locations appear at the beginning of this article.

http://www2.epa.gov/compliance http://www.epa.gov/ozone/title6/609/mvac_cert_form.pdf http://www.epa.gov/ozone/title6/609/mvac_cert_form.pdf http://www.epa.gov/ozone/enforce/index.html http://www.epa.gov/ozone/enforce/index.html http://www2.epa.gov/aboutepa

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