Do EPA regulations require leak testing or repair before recharging a system that's low on Freon? Or asked another way, is it illegal for someone to recharge a system that's low on Freon without testing for leaks and/or repairing any such leaks first? This pertains to a residential unit.
People who responded to my post back in June regarding a problematic service call I had overwhelmingly said that the answer to the above questions was "NO", there is no requirement for home systems.
http://hvac-talk.com/vbb/showthread.php?threadid=106528
http://hvac-talk.com/vbb/showthread.php?threadid=107377
Background info: My system was not cooling, tech came & said I had a huge leak & that EPA law requires leak testing, charges me $XXX to do a nitrogen leak test, tech fails to find the leak and says the leak is too small to find, charges me another $XXX to vacuum purge my unit after nitrogen test, charges me $XXX to recharge with Freon + dye.
The company has now responded saying section 608 of the Clean Air Act applies to my situation; hence, they are not permitted to recharge Freon into a leaking system without doing a leak test to find & repair the leak. The paragraphs they cited were (emphasis added):
(c) Prohibitions.- (1) Effective July 1, 1992, it shall be
unlawful for any person, in the course of maintaining, servicing,
repairing, or disposing of an appliance or industrial process
refrigeration, to knowingly vent or otherwise knowingly release
or dispose of any class I or class II substance used as a
refrigerant in such appliance (or industrial process
refrigeration) in a manner which permits such substance to enter
the environment. De minimis releases associated with good faith
attempts to recapture and recycle or safely dispose of any such
substance shall not be subject to the prohibition set forth in
the preceding sentence.
(2) Effective 5 years after the enactment of the Clean Air Act
Amendments of 1990, paragraph (1) shall also apply to the
venting, release, or disposal of any substitute substance for a
class I or class II substance by any person maintaining,
servicing, repairing, or disposing of an appliance or industrial
process refrigeration which contains and uses as a refrigerant
any such substance, unless the Administrator determines that
venting, releasing, or
disposing of such substance does not pose a threat to the
environment. For purposes of this paragraph, the term "appliance"
includes any device which contains and uses as a refrigerant a
substitute substance and which is used for household or
commercial purposes, including any air conditioner, refrigerator,
chiller, or freezer.
Am I interpreting something wrong here? Surely, all the previous posters couldn't be wrong? I am aware that the leak repair requirements set by the EPA only apply to systems with more than 50lbs of Freon. http://www.epa.gov/ozone/title6/608/608fact.html#leaks But is someone guilty of illegally releasing Freon into the environment as stated in paragraph (c) above if they recharge a leaking system? Ironically, if this is true, the company may have shot itself in the foot because they failed to find the leak but still recharged my system.
Please help me clarify the situation. I understand that nothing posted in this forum should be construed as legal advice, and am only trying to get informed opinions from experienced people dealing with this issue on a daily basis. Thanks.
<<Since you posted here before, you should know the rules about pricing, it is not allowed>>
[Edited by arpa on 09-01-2006 at 11:58 AM]
People who responded to my post back in June regarding a problematic service call I had overwhelmingly said that the answer to the above questions was "NO", there is no requirement for home systems.
http://hvac-talk.com/vbb/showthread.php?threadid=106528
http://hvac-talk.com/vbb/showthread.php?threadid=107377
Background info: My system was not cooling, tech came & said I had a huge leak & that EPA law requires leak testing, charges me $XXX to do a nitrogen leak test, tech fails to find the leak and says the leak is too small to find, charges me another $XXX to vacuum purge my unit after nitrogen test, charges me $XXX to recharge with Freon + dye.
The company has now responded saying section 608 of the Clean Air Act applies to my situation; hence, they are not permitted to recharge Freon into a leaking system without doing a leak test to find & repair the leak. The paragraphs they cited were (emphasis added):
(c) Prohibitions.- (1) Effective July 1, 1992, it shall be
unlawful for any person, in the course of maintaining, servicing,
repairing, or disposing of an appliance or industrial process
refrigeration, to knowingly vent or otherwise knowingly release
or dispose of any class I or class II substance used as a
refrigerant in such appliance (or industrial process
refrigeration) in a manner which permits such substance to enter
the environment. De minimis releases associated with good faith
attempts to recapture and recycle or safely dispose of any such
substance shall not be subject to the prohibition set forth in
the preceding sentence.
(2) Effective 5 years after the enactment of the Clean Air Act
Amendments of 1990, paragraph (1) shall also apply to the
venting, release, or disposal of any substitute substance for a
class I or class II substance by any person maintaining,
servicing, repairing, or disposing of an appliance or industrial
process refrigeration which contains and uses as a refrigerant
any such substance, unless the Administrator determines that
venting, releasing, or
disposing of such substance does not pose a threat to the
environment. For purposes of this paragraph, the term "appliance"
includes any device which contains and uses as a refrigerant a
substitute substance and which is used for household or
commercial purposes, including any air conditioner, refrigerator,
chiller, or freezer.
Am I interpreting something wrong here? Surely, all the previous posters couldn't be wrong? I am aware that the leak repair requirements set by the EPA only apply to systems with more than 50lbs of Freon. http://www.epa.gov/ozone/title6/608/608fact.html#leaks But is someone guilty of illegally releasing Freon into the environment as stated in paragraph (c) above if they recharge a leaking system? Ironically, if this is true, the company may have shot itself in the foot because they failed to find the leak but still recharged my system.
Please help me clarify the situation. I understand that nothing posted in this forum should be construed as legal advice, and am only trying to get informed opinions from experienced people dealing with this issue on a daily basis. Thanks.
<<Since you posted here before, you should know the rules about pricing, it is not allowed>>
[Edited by arpa on 09-01-2006 at 11:58 AM]