Miami Man Sentenced to 18 Months in Prison for Smuggling Refrigerant
WASHINGTON –Today, U.S. District Court Judge Adalberto Jordan sentenced Brendan Clery, 34, to 18 months in prison and ordered him to pay a $10,000 criminal fine and forfeit illegal proceeds in the amount of $935,240. Clery pleaded guilty in April 2011 to knowingly importing approximately 278,256 kilograms of illegal hydrochlorofluorocarbon - 22 (HCFC-22, also known as R-22) into the United States. HCFC-22 is an ozone-depleting substance regulated by EPA under the Clean Air Act (CAA). HCFC-22 depletes the ozone layer, resulting in increased ultraviolet radiation-B (UV-B) reaching the Earth’s surface, which in turn leads to a greater chance of overexposure to UV radiation and the risks of health effects, such as skin cancer, cataracts, and suppression of the immune system.

"EPA takes seriously the smuggling of illegal substances that can harm the ozone layer, which protects us from harmful UVB radiation that can cause skin cancer and cataracts,” said Cynthia Giles, assistant administrator for EPA’s Office of Enforcement and Compliance Assurance. “Today’s sentencing is an example of EPA’s commitment to aggressively enforce U.S. laws and meet our international obligations."

According to court records and statements, in 2005, Clery formed and served as president of Lateral Investments LLC, a corporation he established in Florida for the purpose of importing merchandise, including refrigerant gas he intended to sell illegally. Between June and August 2007, Clery illegally smuggled approximately 278,256 kilograms or 20,460 cylinders of restricted HCFC-­22 from China, with a market value of $1,438,270, and at no time did Clery or Lateral Investments hold the consumption allowances required to legally import HCFC-22.

EPA established a schedule to phase out the production and importation of ozone-depleting substances, with a complete phaseout starting in 2030. To meet its obligations under the Montreal Protocol, an international treaty designed to protect the ozone layer, EPA issued baseline consumption allowances for the production and importation of HCFC-22 to individuals and companies. To legally import HCFC-22 for consumption, one must hold and expend one consumption allowance for each kilogram of HCFC-22 imported into the United States.

This case was part of a larger criminal investigation known as Operation Catch-22. It was investigated by the Environmental Protection Agency, U.S. Immigration and Customs Enforcement, and the Florida Department of Environmental Protection, Criminal Investigation Bureau, and prosecuted by special assistant U. S. Attorney Jodi A. Mazer.

More information on EPA’s criminal enforcement program: http://www.epa.gov/compliance/criminal/index.html

EPA Aggressively Auditing Refrigerant Record Keeping

The Environmental Protection Agency (EPA) appears to be aggressively auditing the refrigerant record keeping of HVACR contractors in the South.

The NEWS has been receiving reports of the effort in Texas, Arkansas, and Mississippi, although it is unclear as to how many contractors are being audited. 

One distributor from that region did say that he has received “numerous calls” in recent weeks from contractors who have been visited by the EPA. Another distributor from that region said contractor customers have told him they are being audited by the EPA and need to produce records of their refrigerant recovery/reclaim activities.

There were also indications that some distributors have also been visited and counter sales people were asked about the supply house reclaim program.

When contacted by The NEWS, the EPA would only say that it “cannot discuss ongoing cases, but continues to perform inspections, respond to tips, and take enforcement action as resources allow.”

The recent record keeping audits by the EPA are the most significant actions by the federal agency within the HVACR industry since 2004 when the EPA moved against the Dominick’s supermarket chain for illegal venting of HCFC-22. That resulted in an $85,000 fine and the shuttering of three stores and major overhaul of three others.

But the most recent actions are focused on contractors rather than an end user and deal with record keeping rather than venting.

It is unclear if the EPA will eventually issue a formal statement regarding the ongoing audits as it did with the Dominick’s case. The fine and resolution in the supermarket sector led to the EPA and the Food Marketing Institute proactively launching the GreenChill initiative, which encourages environmental and efficiency improvements within stores and accords recognition for those efforts.

Like the issue of venting, the record keeping falls under Section 608 of the Clean Air Act.

According to a portion of record keeping requirements:

“Technicians servicing appliances that contain 50 or more pounds of refrigerant must provide the owner with an invoice that indicates the amount of refrigerant added to the appliance. Technicians must also keep a copy of their proof of certification at their place of business.

“Owners or operators of appliances that contain 50 or more pounds of refrigerant must keep servicing records documenting the date and type of service, as well as the quantity of refrigerant added.” 

Publication date: 07/11/2011

Dry R-22 Units Under the Gun

Trapped in a middle ground between Pulitzer-caliber journalism and public relations drivel, there are few places to aggressively wield the power of the pen, which would definitely be a great stress relief mechanism for overworked old editors — if it were only possible.

That’s why I love the government. One could pick almost any agency to rant about without getting in much trouble; the person (Republican) who receives The NEWS won’t share it with anyone else (Democrats), so I’m sure this missive will fall mostly on a deaf ear. So, today, let’s take a shot across the bow at the Environmental Protection Agency (EPA).

BANG-BANG

To get you in the mood, first recall a front-page story that graced our cover on June 13: “Carrier Asks EPA to Stop Dry R-22 Units.” That story, by the way, generated more comments online than anything we had published in recent memory, and topped the charts when it ran in our Monday morning enewsletter. The range of comments cast Carrier Corp. as everything from an evil empire to an industry torch bearer. As you might guess, the EPA did not fare so well in the common court of opinions.

As the folks at Carrier would tell you, in the interest of full disclosure, they also are manufacturing and selling dry R-22 units along with all major unitary manufacturers in the United States. John Mandyck, Carrier vice president, sustainability & environmental strategies, said, “It became clear to us that the market was moving faster than the government could act, so we moved with the market to remain competitive, but if EPA banned the manufacture of dry R-22 condensing units today we would support that move …”

In an interview, Mandyck told me that the EPA “asked a lot of good questions,” during a meeting held more than a month ago, at which time the petition by Carrier was initially filed. Unfortunately, when The NEWS spoke to the EPA for the June 13 article, we must not have asked any good questions — because the EPA sidestepped nearly every one of them.

Hailing from some old time political stock in the South, I, for one, can certainly appreciate some good old fashioned posturing. It’s the way the world works in front of the closed doors. Behind the closed doors is where people more often speak their true mind.

However, the fact that the EPA and the Department of Energy (DOE) seem to be at quite opposite poles with regard to the affect that dry R-22 units will have in the industry, the economy, and on the environment, is disconcerting, and deserving of better answers.

LOOPHOLES

Drusilla Hufford, director Stratospheric Protection Division, U.S. Environmental Protection Agency would not acknowledge the fact that seven major HVAC manufacturers will build upwards of 600,000 units in 2011, an amount that will begin to gnaw away at the energy efficiency savings that resulted from the 13 SEER Rulemaking of January 2006.

Understandably, Hufford did not suggest a timeline for a final resolution regarding the Carrier petition. It is understandable that she would not want to acknowledge any mistake on behalf of the EPA in regard to the unforeseen ramifications of the loophole that allows the manufacture of dry R-22 units. That kind of posturing by an agency official is OK. Refusing to acknowledge that seven industry manufactures have reopened assembly lines for the express purpose of building units that will routinely be mismatched in the field, thus creating the possibility of installed systems that do not meet the 13 SEER minimum — that is not OK.

Why would the dry R-22 units not meet the minimum? The DOE still has not yet issued anything past a preliminary guidance as to how to rate the efficiency of the dry R-22 units; something that has probably been the result of a little confusion about most popular coil matches.

In the jargon of some old Southern politicians, that means Katy, bar the door. Or, said another way, take precautions, there is trouble ahead.

There, I feel better. The stress is rolling away. But, I really hope the one person in the government who is subscribing to The NEWS does not cancel their subscription, because that will probably get me in trouble.

Publication date: 06/27/2011

by Mike Murphy

Have a Safe and Happy Independence Weekend!!

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Carrier submits R-22 petition to EPA

Carrier has submitted a petition to EPA requesting a rule making to reclassify a residential condensing unit as a sub system of a system to extend the manufacturing prohibition to dry R-22 condensing units. A manufacturing ban would take effect on January 1, 2012. To date, the EPA has not agreed to reopen this rule making.

Happy Earth Day From RemTec International!

US agrees to withdrawl of HFC-134a

The US Environmental Protection Agency has agreed to grant a petition filed by several NGOs to withdraw the agency’s approval of HFC-134a.

The move follows the organisations previous announcement that it has given official final approval to HFO1234yf for use in new cars and light trucks.

The petition will be followed by a formal “notice and comment” rulemaking to set the phase-out schedule.

Durwood Zaelke, President of the Institute for Governance & Sustainable Development, said: “Reducing all HFCs can produce a planet-saving 100 billion tonnes or more of CO2-equivalent in climate mitigation.

“We can get 30 per cent of this by outlawing HFCs in mobile air conditioning, as the European Union is already doing, starting with new models in 2011. And we can do it fast - easily in 7 years for new cars as required in Europe, or in as little as three years if automakers get serious about improving their cars.

Stephen Andersen, who organised the Mobile Air Conditioning Climate Protection Partnership (MACCPP) during his time at EPA, said: “EPA’s decision will encourage a rapid market transformation using the best available technology, selected by industry, just in time to allow American automakers to sell their cars everywhere in the world.”

source: http://www.racplus.com/news/us-agrees-to-withdrawl-of-hfc-134a/8613230.article