The public comment period has closed for the Environmental Protection Agency’s (EPA’s) proposed changes to Section 608 of the Clean Air Act (CAA), and now, the industry waits to see what happens next. The primary question being asked in the proposed rule, Protection of Stratospheric Ozone: Revisions to the Refrigerant Management Program’s Extension to Substitutes, is whether or not the EPA has the authority to regulate anything beyond ozone-depleting substances (ODS). Inspired by feedback from parties in the regulated community, as well as lawsuits filed to question the agency’s statutory authority, former EPA Administrator Scott Pruitt signed a letter on Aug. 10, 2017, explaining that the agency was planning to issue a proposed rule, looking at pieces of the Nov. 18, 2016, rule’s extension of the 40 CFR part 82 subpart F refrigerant management requirement to nonexempt substitutes.
“The EPA is now proposing to withdraw the recent extension of the appliance maintenance and leak repair provisions at 40 CFR 82.157 to appliances using only nonexempt substitute refrigerants,” according to the proposed rule. “This proposal would relieve businesses from having to conduct leak inspections, repair leaks, and keep records for appliances containing 50 or more pounds of nonexempt substitute refrigerant.”