20.- Exhibit M10 Final Refrigerant Management SOP 2022 (1).pdf

PBS Office of Facilities Management

Refrigerant Management and Reporting Standard Operating Procedure (SOP)

March 31, 2022

1. Purpose.

This SOP establishes responsibilities to comply with U.S. Environmental Protection Agency (EPA) refrigerant management regulations and related federal sustainability requirements applicable to GSA.1 Some refrigerants deplete the ozone layer and other refrigerants are potent greenhouse gasses (GHGs).

To reduce harmful emissions to the air, protect occupant safety, maintain regulatory compliance, and minimize associated maintenance and energy costs, Facility Managers and Contracting Officer Representatives (CORs) must ensure their Operations & Maintenance (O&M) and other service contractors implement practices to prevent, identify, repair, and report refrigerant leaks.

As the owner and/or operator of equipment containing Ozone Depleting Substance (ODS) and substitute refrigerants (such as hydrofluorocarbons (HFCs)), GSA must maintain refrigerant records. This SOP establishes the National Computerized Maintenance Management System (NCMMS) as the central repository for refrigerant records associated with the service, maintenance, repair, and disposal of air conditioning and refrigeration equipment.

This SOP also provides required and recommended practices for the procurement and disposal of refrigerants and refrigerant-containing air conditioning and refrigeration equipment.

For an Executive Summary of the O&M Responsibilities under this SOP, refer to Attachment A.

2. Background.

PBS’s National O&M Specification requires contractors to comply with EPA’s Section 608 regulations (40 CFR Part 82) and associated state laws and regulations for refrigeration and air conditioning equipment.2 Additionally, the O&M Specification requires contractors to capture all work, performed at all facilities covered by the contract, in NCMMS.3

Section 608 of the Clean Air Act (CAA) establishes the National Recycling and Emission Reduction Program and prohibits any person from intentionally venting ODSs or substitute refrigerants while maintaining, servicing, repairing, or disposing of air conditioning and refrigeration equipment.4 Under the CAA, the EPA regulations: phase out Class I ODS (chlorofluorocarbons, or CFCs) and Class II ODS (hydrochlorofluorocarbons, or HCFCs), require technician certification, establish technician service practices for leak repair, establish requirements for safe disposal of equipment, restrict refrigerant sale

4 Section 608 of the Clean Air Act: Stationary Refrigeration and Air Conditioning, EPA 430-F-18-001

3 PBS’s current National O&M Specification and Preventative Maintenance Guide. The current National CMMS Usage Policy and Desk Guide further define the requirements for NCMMS usage by facilities management personnel, agency contracted O&M personnel, and related agency business lines.

2 Note the California Air Resources Board requires refrigerant registration and annual reporting for air conditioning systems containing 200 pounds or more of fluorinated refrigerant.

1 Title 40 Chapter 1 Subchapter C Parts 82 and 84 of the Code of Federal Regulations (CFR) https://www.epa.gov/sites/default/files/2018-09/documents/section_608_of_the_clean_air_act.pdf https://www.gsa.gov/real-estate/facilities-management/facilities-operations/national-om-and-consolidated-specifications https://ww2.arb.ca.gov/our-work/programs/refrigerant-management-program/rmp-registering-reporting and distribution, and define recordkeeping requirements for technicians and owners/operators of equipment. The EPA has the authority to enforce these regulations and may assess civil or criminal penalties for violations.5

In 2016, the EPA amended its regulations to extend refrigerant management requirements to ODS substitutes (such as HFCs). In 2020, the EPA issued a rule to revise the refrigerant management program’s extension to substitutes.6 The revised rule revoked leak repair, inspection, reporting, and recordkeeping provisions for air conditioning and refrigeration equipment containing 50 or more pounds of substitute refrigerants (HFCs). However, the revised rule maintained certain provisions for substitute refrigerants. These provisions relate to technician certification, certified recovery equipment, and refrigerant purchase, recovery, reclamation, and disposal.7

In October 2021, the EPA issued regulations to phase down the consumption and production of HFCs, which contribute to global warming, by 2037.8 Additionally, some States have enacted laws and regulations to reduce GHG emissions associated with HFCs.9 GSA has a goal of reducing GHG emissions. GHG emissions accounting include fugitive emissions of HFC refrigerants from leaks or the use of refrigeration and air conditioning equipment. In December of each year, GSA must include estimated HFC emissions in its Annual Energy Management Data Report to the U.S. Department of Energy Federal Energy Management Program (DOE FEMP).10

While the EPA has established phaseout and phasedown schedules for the production and consumption of these substances, GSA may still operate existing equipment containing ODSs and HFCs. When retrofitting or purchasing new equipment, GSA must refer to EPA’s Significant New Alternatives Policy (SNAP) Program to specify acceptable substitutes for ODSs (by end use).11 GSA must purchase equipment with EPA-approved acceptable and safe substitutes that are non-ozone depleting and have a low global warming potential (GWP). Additional requirements are in the Facilities Standards for the Public Buildings Service (P-100) and Federal Acquisition Regulation (FAR) Subpart 23.8, Ozone-Depleting Substances and Greenhouse Gases.

3. Scope and Applicability.

This SOP applies to the procurement, service, repair, maintenance, and disposal of air conditioning and refrigeration equipment in federally owned facilities under the jurisdiction, custody, and control of GSA (GSA-controlled). Attachment B provides a list of applicable assets, in NCMMS, that may contain refrigerants.

11 EPA SNAP Substitutes by Sector 10 U.S. DOE FEMP Federal Facility Reporting Requirements and Performance Data 9 California Significant New Alternatives Policy (SNAP)

8 Phasedown of Hydrofluorocarbons: Establishing the Allowance Allocation and Trading Program Under the American Innovation and Manufacturing Act, 86 Fed. Reg., 55116 (October 5, 2021), as mandated by the American Innovation and Manufacturing (AIM) Act of 2020. The term ‘consumption’ generally refers to the amount of refrigerant (Class I/II ODS, HFCs) produced in and imported to the United States, minus the amount exported. The term ‘production’ generally refers to the manufacture of a regulated substance (Class I/II ODS, HFC refrigerants) from a raw material or feedstock chemical, but excludes the reclamation, reuse, or recycling of the substance.

7 EPA’s Refrigerant Management Requirements: What Technicians Need to Know (April 2020)

6 Protection of the Stratospheric Ozone: Revisions to the Refrigerant Management Program’s Extension to Substitutes, 85 Fed. Reg., 14150 (March 11, 2020).

5 EPA CAA and Federal Facilities https://www.epa.gov/snap https://www.gsa.gov/real-estate/design-construction/engineering-and-architecture/facilities-standards-p100-overview https://www.acquisition.gov/browse/index/far https://www.epa.gov/snap/snap-substitutes-sector https://www.energy.gov/eere/femp/federal-facility-reporting-requirements-and-performance-data https://ww2.arb.ca.gov/our-work/programs/california-significant-new-alternatives-policy-snap/about https://www.federalregister.gov/documents/2021/10/05/2021-21030/phasedown-of-hydrofluorocarbons-establishing-the-allowance-allocation-and-trading-program-under-the https://www.epa.gov/sites/default/files/2016-09/documents/608_fact_sheet_technicians_0.pdf https://www.federalregister.gov/documents/2020/03/11/2020-04773/protection-of-stratospheric-ozone-revisions-to-the-refrigerant-management-programs-extension-to https://www.federalregister.gov/documents/2020/03/11/2020-04773/protection-of-stratospheric-ozone-revisions-to-the-refrigerant-management-programs-extension-to https://www.epa.gov/enforcement/clean-air-act-caa-and-federal-facilities

4. Roles and Responsibilities.

a. PBS Office of Facilities Management (OFM). OFM is responsible for disseminating this SOP, along with associated training and guidance, to GSA employees. The following OFM Divisions are responsible for the management and oversight of this SOP.

(1) The Facilities Operations Division is responsible for integrating this SOP in the National O&M Specification and Preventive Maintenance Guidance and for supporting Facility Managers with implementation of this SOP.

(2) The Innovation and Technology Division is responsible for maintaining and updating the NCMMS and associated training and support documents to enable implementation of this SOP by GSA employees and contractors.

(3) The Facility Risk Management Division (FRMD), in coordination with other OFM Divisions, is responsible for periodically reviewing and updating this SOP and for providing refrigerant management training and associated environmental compliance technical support. FRMD is responsible for referencing this SOP to update the Risk Management Survey Program.

(4) The Climate and Sustainability Division is responsible for incorporating this SOP in GHG accounting guidance and for referencing this SOP to prepare the DOE FEMP Annual Energy Report.

b. Facility Managers and Contracting Officer Representatives (CORs) are responsible for oversight of GSA O&M contracts and contractors, to include refrigerant management recordkeeping requirements outlined in this SOP. Facility Managers and CORs must communicate refrigerant management responsibilities, along with a copy of this SOP, to their O&M contractors. Facility Managers and CORs are responsible for notifying Regional Environmental Program Managers of refrigerant leaks and releases.

c. GSA’s O&M Contractors are responsible for following the requirements in this SOP, in accordance with their O&M contract. For an Executive Summary of the O&M Responsibilities under this SOP, refer to Attachment A. The O&M responsibilities in this SOP include:

(1) Preventing and reporting the intentional or accidental release of refrigerants into the air.

(2) Documenting the refrigerant type and refrigerant charge, for air conditioning and refrigeration equipment, in NCMMS.

(3) Ensuring and verifying contractor employees and subcontractors meet EPA technician certification requirements and use certified refrigerant recovery and recycling equipment to recover or evacuate refrigerant from appliances.

(4) Maintaining documentation and other recordkeeping requirements in NCMMS, as described in this SOP.

(5) Complying with EPA and associated standards and guidance, to safely manage refrigerants and refrigerant-containing equipment.12

d. Regional Environmental Program Managers are responsible for reviewing notifications of refrigerant releases and leaks and for supporting Facility Managers with reporting and documentation requirements. They are responsible for monitoring adherence to regulatory requirements outlined in this SOP through Risk Management (Environmental) Surveys and other program surveys. They are also responsible for advising Facility Managers and other employees to ensure compliance with related federal, state, and local environmental laws and regulations.

e. Regional Sustainability Program Managers are responsible for the coordination of GHG reduction and sustainability goals and reporting, including HFC refrigerant management, acquisition, and disposal. They are also responsible for advising Facility Managers and Regional Office project teams with the selection of ‘acceptable’ refrigerants under EPA’s SNAP Program.

f. Regional NCMMS Coordinators are responsible for facilitating the use of NCMMS as a system of record for refrigerant data and for reporting requirements.

5. Requirements Applicable to ODS, HFC, and Other Non-Exempt Substitute Refrigerants.

The requirements in this section apply to: (a) Class I and II ODSs, such as CFCs and HCFCs, and (b) non-exempt substitute refrigerants, including HFCs, perfluorocarbons (PFCs), hydrofluoroolefins (HFOs), hydrofluorethers (HFEs), hydrocarbons, ammonia, and blends.

a. Refrigerant venting prohibition and release notification. EPA regulations prohibit the knowing or intentional release of refrigerants during the maintenance, service, repair, or disposal of air conditioning and refrigeration equipment.13 O&M contractors must comply with EPA’s venting prohibition.

(1) ASHRAE classifies the safety of refrigerants based on their flammability and toxicity.

O&M contractors are responsible for maintaining safety data sheets (SDSs) for refrigerants used or stored at GSA facilities, and for implementing protective measures, emergency procedures, and notification to Facility Managers in the event of a refrigerant release.14

(2) Facility Managers must notify Regional Environmental Program Managers, upon discovery, of a violation of EPA’s refrigerant venting prohibition or an accidental release of refrigerant.

The Facility Manager must report the refrigerant name, quantity released, and location of the release to the Regional Environmental Program Manager, to determine applicable notification requirements.15

(3) In addition to the CAA requirements, under the Emergency Planning and Community Right-to-Know Act (EPCRA) or the Comprehensive Environmental Response, Compensation, and

15 PBS 2400.1, Risk Management Notification Policy, of January 8, 2021, requires timely notification of environmental, health, safety, and fire protection (EHSF) risks.

14 Refer to PBS 5940.3, Safety and Health Management of October 23, 2019, and to OSHA 29 CFR 1910.101 and 1910.1200.

13 40 CFR 82.154(a)(1) exempts specific substitute refrigerants by end use from the venting prohibition, including carbon dioxide, nitrogen, and water. 40 CFR 82.154(a)(2) exempts “releases associated with good faith attempts to recycle or recover refrigerants” from the venting prohibition.

12 ANSI/ASHRAE Standards 15 and 34 establish safety standards for refrigeration systems and safety classification of refrigerants, based on toxicity and flammability. Refer to this ASHRAE Update on New Refrigerants Designations and Safety Classifications Fact Sheet, dated April 2020.

https://www.ashrae.org/file%20library/technical%20resources/refrigeration/factsheet_ashrae_english_20200424.pdf https://www.ashrae.org/file%20library/technical%20resources/refrigeration/factsheet_ashrae_english_20200424.pdf

Liability Act (CERCLA), there may be additional notification requirements to the EPA. Some refrigerants, such as R-11 and R-22, are subject to release notification requirements under EPCRA or CERCLA.16 Regional Environmental Program Managers must determine whether notification requirements apply, and ensure the EPA is notified.

b. Refrigerant-containing equipment inventory in NCMMS. For each air conditioning and refrigeration asset containing refrigerant, O&M contractors must maintain documentation of the refrigerant type and whether the asset contains less than 50 pounds of refrigerant. For air conditioning and refrigeration assets containing 50 or more pounds of refrigerant, O&M contractors must maintain the refrigerant charge in NCMMS when installing, retrofitting, servicing, repairing, or disposing of equipment.17 Refer to Attachment B for a list of applicable Asset Types.

(1) Refrigerant type. For each applicable asset (and associated Asset Number), the refrigerant type must be entered in NCMMS (as an ‘REF_TYPE’ attribute within the Specifications section).

Attachment C provides a list of refrigerant types pre-populated in NCMMS. The refrigerant type must be updated if the equipment is retrofitted. If a refrigerant is not listed, the Facility Manager or COR should contact the Regional NCMMS Coordinator to request the refrigerant type be added in NCMMS.

(2) Total refrigerant charge less than 50 pounds. For each applicable asset (and associated Asset Number), indicate whether the refrigerant charge is less than 50 pounds in NCMMS (as an ‘REF_LESS_50_LB’ attribute within the Specifications section). If the asset has more than one refrigerant circuit, calculate the total refrigerant charge of the combined circuits for that asset.

(3) Total refrigerant charge, in pounds. For each applicable asset (and associated Asset Number) containing 50 or more pounds of refrigerant, the total refrigerant charge must be recorded in NCMMS (as a ‘TOTAL_CHARGE’ attribute within the Specifications section). If the asset contains refrigerant exempt from EPA’s venting prohibition (carbon dioxide, nitrogen, water), the total refrigerant charge is not needed. If the asset has more than one refrigerant circuit, calculate the total refrigerant charge of the combined circuits for that asset. The initial recording of the total refrigerant charge may be determined by using the equipment manufacturer’s determination of the combined full charge of all circuits or by measuring or calculating the refrigerant charge. The total refrigerant charge must be updated in NCMMS, when installing, servicing, repairing, mothballing, or disposing (decommissioning) assets.

c. Technician certification. GSA contractors (and subcontractors) who maintain, service, repair, or dispose of air conditioning and refrigeration equipment, containing Class I or II refrigerant or any non-exempt refrigerant, must meet EPA technician certification requirements.18 Certification must be obtained from an EPA-approved Section 608 Technician Certification Program.19 Contractors and subcontractors must document and manage certifications within their respective Labor records as Qualifications in NCMMS. Contractors must attach copies of certificates to technician Labor records in NCMMS. Consistent with GSA’s O&M contract, all HVAC contractors performing repairs must possess Universal Certification. The certification types are listed below.

19 EPA Section 608 Technician Certification Programs

18 40 CFR 82.161

17 Note the FAR Part 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners, requires contractors to annually track and report refrigerant data to SAM.gov. Refer to FAR Subpart 23.8, Ozone-Depleting Substances and Greenhouse Gases.

16 The EPA’s List of Lists is a consolidated list of chemicals subject to reporting requirements under EPCRA, CERCLA, and CAA. The EPA’s Toxic Release Inventory (TRI) Program maintains a chemical list subject to Section 313 reporting.

https://www.epa.gov/section608/section-608-technician-certification-programs https://www.acquisition.gov/far/subpart-23.8 https://www.acquisition.gov/far/subpart-23.8 https://www.epa.gov/epcra/consolidated-list-lists-under-epcracerclacaa-ss112r-september-2021-version https://ordspub.epa.gov/ords/guideme_ext/f?p=guideme:chemical-list-basic-search

(1) Technicians with Type I Certification may maintain, service, repair, or dispose of small appliances (e.g., refrigerators or room air conditioners with 5 pounds or less of refrigerant).

(2) Technicians with Type II Certification may maintain, service, repair, or dispose of medium, high, or very high-pressure air conditioning or refrigeration equipment.

(3) Technicians with Type III Certification may maintain, service, repair, or dispose of low-pressure air conditioning and refrigeration equipment.

(4) Technicians with Universal Certification may maintain, service, repair, or dispose of all types of equipment.

d. Certified refrigerant recovery and recycling equipment. Before opening, mothballing, or disposing of appliances containing refrigerant, certified technicians must use certified refrigerant recovery or recycling equipment to evacuate the refrigerant to EPA-specified evacuation levels.20

Certified equipment can be identified by a label that states: "This equipment has been certified by AHRI/UL to meet EPA's minimum requirements for recycling and/or recovery equipment intended for use with [appropriate category of appliance]."21

e. Disposal of used refrigerant and refrigerant-containing equipment and recordkeeping in NCMMS. Technicians who dispose of refrigerant-containing equipment must evacuate refrigerant from the appliance, using EPA-certified refrigerant recovery or recycling equipment, to EPA-specified levels.22

(1) GSA contractors evacuating refrigerant from appliances, with a full charge of more than 5 and less than 50 pounds of refrigerant, for purposes of equipment disposal, must attach the following records in NCMMS to the corresponding asset record.

i. Technician’s company name

ii. Equipment Asset Number

iii. Equipment location (Building Number and location in the building)

iv. Date of refrigerant recovery

v. Type of refrigerant recovered

vi. Total quantity of refrigerant recovered

vii. Total quantity of refrigerant transferred for reclamation or destruction

viii. Name of EPA-certified refrigerant reclaimer or destruction facility

ix. Date of refrigerant transfer for reclamation or destruction

x. Waste manifest and certificate of destruction, if destroyed

Facility Managers and CORs must ensure the records are uploaded to NCMMS, as an attachment to the corresponding asset record, and the asset status is changed to decommissioned (if left in place) or disposed (if removed from the inventory).

(2) The EPA restricts the sale or distribution of Class I and II refrigerants and non-exempt

22 40 CFR 82.155 and 82.156 21 EPA Refrigerant Recovery and Recycling Equipment Certification 20 40 CFR 82.156 and 82.158 https://www.epa.gov/section608/refrigerant-recovery-and-recycling-equipment-certification substitutes, for use as a refrigerant, unless the buyer is a Section 608 certified technician.23 Recovered (used) refrigerant may not be sold, or offered for sale, for use as a refrigerant unless it has been reclaimed by an EPA-certified reclaimer.24 Recovered refrigerant may be sold to an EPA-certified reclaimer for reclamation. Section 608 certified technicians can return recovered refrigerant to a consolidator (refrigerant manufacturer, supplier, wholesale distributor, or refrigerant recovery company) for packaging and preparation prior to reclamation.25 The following records must be maintained, as an attachment to the asset record in NCMMS, if refrigerant is recovered from GSA equipment and sold or offered for sale: name of the purchaser; date of sale, and quantity of refrigerant purchased.26

(3) Although EPA regulations allow GSA to transfer used refrigerants between GSA-controlled facilities, for use in another GSA-owned appliance without being reclaimed, the PBS OFM Facilities Operations Division discourages this practice.

(4) Facility Managers must ensure GSA contractors safely and promptly ship unneeded (excess) refrigerant for reclamation or destruction, to avoid stockpiling these materials at GSA-controlled facilities.27 Refillable cylinders used to recover and ship refrigerant must be requalified (inspected and tested) and marked every 5 years, in accordance with DOT regulations.28 A certified shipper with hazmat employee training should package and prepare refrigerant cylinders for shipment, in accordance with DOT regulations.29 A copy of the shipment records must be maintained by the Facility Manager or COR.

(5) Refer to Section 6(g) below for additional refrigerant disposal requirements applicable to ODSs.30

f. Purchase of refrigerant and refrigerant-containing equipment. Under the CAA, the EPA phased out the production and consumption of Class I and II ODSs. Additionally, EPA’s SNAP Program periodically publishes rules that list ‘acceptable’ and ‘unacceptable’ substitutes for ODSs by specific end use (such as chillers, refrigerators, or heat pumps). Some formerly acceptable refrigerants are now unacceptable for new or retrofitted equipment. For example, R-134a is unacceptable in new centrifugal chillers as of January 1, 2024.

(1) When purchasing new or retrofitting refrigerant-containing appliances, GSA employees should specify and give preference to products containing non-ODS and low-GWP refrigerants consistent with EPA SNAP regulations, Facilities Standards for the Public Buildings Service (P-100), and FAR Subpart 23.8, Ozone Depleting Substances and Greenhouse Gases.

(2) If the EPA SNAP Program lists a refrigerant as ‘unacceptable’ at an effective future date, GSA employees should look for ‘acceptable’ alternatives under EPA’s SNAP Program. When evaluating refrigerant-containing equipment for purchase, GSA employees should consider long-term maintenance

30 41 CFR 102-40.215

29 49 CFR Parts 172 and 173 28 49 CFR 180.205 and AHRI 2015 Guideline for Containers for Recovered Non-flammable Fluorocarbon Refrigerants

27 The EPA maintains a list of commercially available destruction facilities at https://www.epa.gov/ods-phaseout/destroying-and-transforming-ozone-depleting-substances.

26 40 CFR 82.154(c)(3)

25 The EPA maintains a list of certified reclaimers at https://www.epa.gov/section608/stationary-refrigeration-refrigerant-reclamation-requirements.

24 40 CFR 82.155(d) 23 40 CFR 82.154(c) https://www.epa.gov/snap https://www.law.cornell.edu/cfr/text/41/102-40.215 https://www.ahrinet.org/App_Content/ahri/files/Guidelines/AHRI_Guideline_K_2015.pdf https://www.epa.gov/ods-phaseout/destroying-and-transforming-ozone-depleting-substances https://www.epa.gov/section608/stationary-refrigeration-refrigerant-reclamation-requirements and operation of equipment and future availability of HFC and other substitute refrigerants that are on a phasedown schedule.

(3) Phased-out refrigerant may still be used to service and maintain existing equipment and cooling capacity. However, particularly for chronically leaking equipment, GSA employees should consider transitioning to alternative SNAP-approved refrigerants by retrofitting or replacing older equipment.

6. Additional Requirements Applicable Only to ODS Refrigerants.

The requirements in this section apply to Class I and II ODSs, such as CFCs and HCFCs. Refer to Attachment D for a Workflow for ODS Refrigerant Leak Rate Calculation, Leak Repairs, Reporting, and Recordkeeping in NCMMS.

a. Full refrigerant charge of appliances. For each applicable asset (and associated Asset Number) containing 50 or more pounds of refrigerant, the full refrigerant charge for each refrigerant circuit (or appliance) must be recorded in NCMMS.

(1) If the asset has one refrigerant circuit, the full refrigerant charge must be recorded as a ‘TOTAL_CHARGE’ attribute within the Specifications section in NCMMS.

(2) If the asset has more than one refrigerant circuit, the total refrigerant charge of the combined circuits must be recorded as a ‘TOTAL_CHARGE’ attribute in NCMMS. Additionally, the full refrigerant charge for each refrigerant circuit must be recorded in NCMMS (as a ‘FULL_CHARGE1’, ‘FULL_CHARGE2’, and ‘FULL_CHARGE3’ attribute within the Specifications section). The full refrigerant charge may be recorded for up to three refrigerant circuits. However, the total refrigerant charge must account for any additional and all refrigerant circuits for the asset (if more than three).

(3) The total refrigerant charge and, as applicable, full refrigerant charge must be updated in NCMMS, when installing, servicing, repairing, mothballing, or disposing (decommissioning) assets.

b. Refrigerant leak rate calculation and recordkeeping in NCMMS. Refer to the functional responsibilities in the Refrigerant Leak Rate Calculation phase of the flowchart in Attachment D. For air conditioning and refrigeration equipment containing 50 or more pounds of Class I or II ODS refrigerant, the following refrigerant data must be maintained for each applicable asset record in NCMMS and the virtual meter used for recording the leak rate.

(1) Every time O&M contractors (or subcontractors) add refrigerant to equipment, they must calculate the leak rate at the conclusion of that service (unless the added refrigerant is made following a retrofit, installation of a new appliance, or qualifies as a seasonal variance).31 Contractors must calculate the leak rate per appliance, as defined and required by EPA regulations. Contractors must use the Annualizing Method to calculate the leak rate (as shown below).

Step 1. Divide the pounds of refrigerant added to the appliance to return the equipment to a full charge by the pounds of refrigerant the appliance normally contains at full charge.

31 40 CFR 82.157(b)

Step 2. Divide 365 days by the number of days since refrigerant was last added to the appliance. If 365 days have passed since refrigerant was last added, then divide 365 days by 365 days.

Step 3. Multiply the calculated numbers from Steps 1 and 2. And then multiply by 100 for the annual leak rate percentage.

Leak Rate % = (Annualizing)

Pounds of refrigerant added x 365 days x 100

Pounds of refrigerant in full charge Number of days since refrigerant last added or 365 days (whichever is shorter)

(2) O&M contractors must update the recorded leak rate as NCMMS Virtual Meter data for the applicable asset. NCMMS will maintain a log of each recorded leak rate. The leak rate must be recorded as ‘REF-LEAK_RATE’ Virtual Meter data in NCMMS.

(3) O&M contractors must update the asset’s total refrigerant charge and, as applicable, full refrigerant charge, as an attribute within the Specifications section of NCMMS.

(4) O&M contractors must attach supporting service documentation to the Work Order in NCMMS, which must include:32

i. Asset Number

ii. Building ID

iii. Equipment location

iv. Part(s) of the appliance being maintained, serviced, or repaired

v. Type of maintenance, service, or repair performed for each part

vi. Name of the person performing the maintenance, service, or repair

vii. Amount and type of refrigerant added to the appliance

viii. Full charge of the appliance

ix. Leak rate and method used to determine the leak rate

c. Refrigerant leak repairs within 30 days and recordkeeping in NCMMS. Refer to the functional responsibilities in the Refrigerant Leak Repairs and Notification phase of the flowchart in Attachment D. The requirements below apply to air conditioning and refrigeration equipment containing 50 or more pounds of Class I and II ODS refrigerant.

(1) If an air conditioning or refrigeration appliance has a leak rate of 10% or higher, a Leak Repair Work Order must be created in NCMMS. The O&M contractor must enter the leak rate (Virtual Meter data) in NCMMS. The O&M contractor must notify the Facility Manager and COR, and the Facility Manager must notify the Regional Environmental Program Manager of the leak and leak repair initiation.

(2) The O&M contractor must ensure a certified technician repairs refrigerant leaks within 30 days of discovering the 10% leak rate exceedance.

(3) For each leak that is repaired, the certified technician must perform an initial verification test within 30 days of the equipment exceeding the 10% leak rate. The verification test must demonstrate leaks were repaired and must be repeated until the tests indicate successful repair. The technician must

32 40 CFR 82.157(l)(2) verify the leak has been repaired through the initial verification test before refrigerant is added back into the appliance (recharged) and returned to normal operating conditions.

(4) The certified technician must also perform a follow-up verification test within 10 days of the successful initial verification test (and after the appliance has returned to normal operating characteristics and conditions to verify that the repairs were successful).33

(5) O&M contractors must attach and maintain the following leak repair and verification test documentation to the Work Order in NCMMS:

i. Asset Number

ii. Building ID

iii. Equipment location (floor and room)

iv. Name of the person performing the maintenance, service, or repair and their Section 608 technician certification

v. Date of the maintenance, service, or repair

vi. Type of maintenance, service, or repair performed for each equipment part

vii. Part(s) of the equipment maintained, serviced, or repaired

viii. Amount and type of refrigerant added to the appliance

ix. Full charge of the appliance and the method for how the full charge was determined

x. Leak rate and method used to determine the leak rate

xi. Dates of the initial and follow-up verification tests

xii. Locations of all repaired leaks that were tested

xiii. Types of verification tests used and the results of those tests

(6) The O&M contractor must notify the Facility Manager and COR when the leak repairs are completed through NCMMS. The O&M contractor must also update the total refrigerant charge and, as applicable, full refrigerant charge (attributes within the Specifications section) and associated leak rate (Virtual Meter data) for the applicable asset in NCMMS.

d. Refrigerant leak repairs exceeding 30 days and recordkeeping in NCMMS. Refer to the functional responsibilities in the Refrigerant Leak Repairs and Notification phase of the flowchart in Attachment D. The requirements below apply to air conditioning and refrigeration equipment containing 50 or more pounds of Class I and II ODS refrigerant.

(1) If the leak repair cannot be completed within 30 days, the O&M contractor must notify the Facility Manager and COR.

(2) GSA’s O&M contractor must determine if the appliance is chronically leaking and leaks 125 percent or more of its full refrigerant charge in a calendar year. The Rolling Average Method (below) must be used to determine whether the appliance has leaked 125 percent or more of its full refrigerant charge in a calendar year.34

Leak Rate % = (Rolling Average)

Pounds of refrigerant added over past 365 days (or since leaks were last repaired, if that period is less than 1 year) x 100

Pounds of refrigerant in full charge

34 40 CFR 82.157(j) 33 EPA’s Refrigerant Management Program: Questions and Answers for Section 608 Certified Technicians https://www.epa.gov/section608/epas-refrigerant-management-program-questions-and-answers-section-608-certified

(3) If the leak repair cannot be completed within 30 days, the Facility Manager and COR must notify the Regional Environmental Program Manager. As owner/operator of the equipment, GSA is responsible for either:

▪ Requesting an extension from the EPA to repair the leak,35 or

▪ Creating a retrofit or retirement (disposal) plan for the equipment.36

(4) If GSA chooses to repair the equipment and request an extension from the EPA, the following documentation must be provided by the O&M contractor to the GSA Facility Manager and COR and attached as supporting service documentation to the Work Order in NCMMS:

i. Asset Number

ii. Building Number

iii. Leak rate (Annualizing Method)

iv. Method used to determine the leak rate and full charge

v. Date the equipment exceeded the applicable leak rate

vi. Location of leaks to the extent they have been determined

vii. Any repair work that has been performed, including the date the work was completed

viii. The reasons why more than 30 days are needed to complete the repair

ix. An estimate of when the work will be completed if the estimated completion date is to be extended

(5) If GSA chooses to either retrofit or retire (dispose of) the asset, the Facility Manager and COR must coordinate with the O&M contractor and project team, as applicable, to draft an Asset Retrofit/Retirement Plan that, at minimum, includes the following:

i. Asset Number

ii. Building Number

iii. Type and full charge of the refrigerant used in the equipment

iv. Type and full charge of the refrigerant to which the equipment will be converted, if retrofitted

v. Itemized procedure for converting the appliance to a different refrigerant, including changes required for compatibility with the new substitute, if retrofitted

vi. Plan for the disposition of recovered refrigerant

vii. Plan for the disposition of the equipment, if retired

viii. A schedule, not to exceed 1 year, for completion of the appliance retrofit or retirement.

The plan must be signed by an authorized GSA official (Facility Manager or Supervisor), dated, accessible at the site of the equipment, and available for EPA inspection upon request. All identified leaks must be repaired as part of any retrofit. All work must be performed within 1 year of the plan’s date.

The plan must be attached to the asset record in NCMMS or, if the work is completed by the O&M contractor, to a Retrofit/Retirement Work Order generated by the O&M contractor. The target completion date for the Retrofit/Retirement Work Order must be set to the date in the plan.

(6) The O&M contractor must also update the total refrigerant charge and, as applicable, full

36 40 CFR 82.157(h) 35 40 CFR 82.157(f). The EPA’s contact email address is 608reports@epa.gov.

mailto:608reports@epa.gov refrigerant charge (attributes within the Specifications section), leak rate (Virtual Meter data), and asset status (operational/active or decommissioned) in NCMMS, for the applicable asset.

(7) The O&M contractor must notify the Facility Manager and COR when the leak repairs are completed through NCMMS.

e. Chronically leaking appliance. If the equipment is a ‘chronically leaking appliance’, the Facility Manager must coordinate with the Regional Environmental Program Manager to submit a report to the EPA, by March 1 of the subsequent year, describing GSA’s efforts to identify leaks and repair the equipment. The Rolling Average Method must be used to determine whether the appliance has leaked 125 percent or more of its full refrigerant charge in a calendar year.

f. Leak inspections. For appliances exceeding the 10 percent leak rate, leak inspections must be conducted once per calendar year until the leak rate calculations demonstrate the appliance has not leaked above 10 percent for one year.37

(1) The following example illustrates the leak inspection requirement:

Calendar Year 1: The O&M contractor discovers the evaporator component of a chiller leaked 13% of its refrigerant charge. Within one week, the contractor repairs the chiller component and completes verification tests.

Calendar Year 2 (within 12 months of the leak repair): The O&M contractor conducts a leak inspection of the chiller and calculates the leak rate.

▪ If the chiller appliance is not leaking 10% or more of its refrigerant charge, a leak inspection is not required in Calendar Year 3.

▪ If the chiller appliance is leaking 10% or more of its refrigerant charge, a leak inspection is required in Calendar Year 3.

(2) A certified technician must conduct the leak inspections, using methods determined by the technician to be appropriate for the equipment, to identify the location of leaks. All visible and accessible components of the equipment must be inspected except where components are unsafe to inspect. The following leak inspection documentation, for the associated Work Order, must be attached and maintained in NCMMS:

i. Date of leak inspection

ii. Method used to conduct leak inspection

iii. List of the location of each leak that was identified

iv. Certification that all visible and accessible parts of the appliance were inspected

(3) Leak inspections are not required on appliances continuously monitored by an automatic leak detection system that is annually audited or calibrated. The leak detection system must automatically alert the O&M contractor and/or Facility Manager when refrigerant is detected in indoor air or when the system loses refrigerant. If automatic leak detection equipment only monitors a portion of an appliance, the remainder of the appliance continues to be subject to leak inspection requirements.

37 40 CFR 82.157(g)

g. Management and disposal of used refrigerant and refrigerant-containing equipment. The requirements below apply to air conditioning and refrigeration equipment containing 50 or more pounds of Class I and II ODS refrigerant.

(1) Prior to disposal of refrigerants (R-11, R-12, R114, R-500, R-502, and R-22) recovered from equipment and/or stored at facilities, including disposal as part of a contract, GSA employees must first contact the Department of Defense (DOD) ODS Reserve managed by the Defense Logistics Agency (DLA).38 While the DOD and Military Services are required to turn in refrigerants to the ODS Reserve, the ODS Reserve may also accept these substances on a case-by-case basis from other governmental agencies.

(2) In the procurement planning phase of a project that requires disposal of refrigerant (for example, a chiller replacement project), GSA employees should contact the ODS Reserve to determine if they have a need for the specific refrigerant (based on the refrigerant type, quantity, and date of availability).

(3) If the ODS Reserve accepts the refrigerant, GSA employees must determine whether to requisition empty ODS recovery cylinders from the ODS Reserve (to ship the recovered refrigerant) or require the contractor to supply cylinders.

(4) GSA’s contract must specify refrigerant recovery (by a Section 608 certified technician), packaging, and shipment (by a certified hazardous material shipper) in accordance with the ODS Reserve’s turn-in procedures.39 GSA employees must specify the contractor’s compliance with the EPA and U.S. Department of Transportation (DOT) requirements for shipments and packaging and identify a commercial carrier for the shipment (such as ESTES, SAIA, FedEx, or UPS).40

7. Additional Requirements Applicable Only to HFC Refrigerants.

The requirements in this section apply to air conditioning and refrigeration equipment containing 50 or more pounds of HFC refrigerant. Refer to Attachment E for a Workflow of HFC Refrigerant Leak Rate Calculation, Leak Repairs, Notification, and Recordkeeping in NCMMS.

a. Refrigerant leak rate calculation and recordkeeping in NCMMS. Refer to the functional responsibilities in the Refrigerant Leak Rate Calculation phase of the flowchart in Attachment E. For air conditioning and refrigeration equipment containing 50 or more pounds of HFC refrigerant, the following refrigerant data must be maintained for each applicable asset record in NCMMS:

(1) Every time O&M contractors add refrigerant to an appliance, they must calculate the leak rate at the conclusion of that service (unless the added refrigerant is made following a retrofit, installation of a new appliance, or qualifies as a seasonal variance). Contractors must use the Annualizing Method to calculate the leak rate, as shown below:

Step 1. Divide the pounds of refrigerant added to return the appliance to a full charge by the pounds of refrigerant the appliance normally contains at full charge.

40 Refer to the following DOT regulations: 49 CFR 172.204 (shipper’s certification) and 49 CFR 173 (general requirements for shipments and packaging), particularly 49 CFR 173.301 under Subpart G, Gases; Preparation and Packaging.

39 Refer to https://www.dla.mil/Aviation/Offers/Services/AviationEngineering/OzoneDepRsrv/.

38 Contact the ODS Reserve at avnodsreserve@dla.mil.

https://www.dla.mil/Aviation/Offers/Services/AviationEngineering/OzoneDepRsrv/ mailto:avnodsreserve@dla.mil

Step 2. Divide 365 days by the number of days since refrigerant was last added to the appliance. If 365 days have passed since refrigerant was last added, then divide 365 days by 365 days.

Step 3. Multiply the calculated numbers from Steps 1 and 2. And then multiply by 100 for the annual leak rate percentage.

Leak Rate % = (Annualizing)

Pounds of refrigerant added x 365 days x 100

Pounds of refrigerant in full charge Number of days since refrigerant last added or 365 days (whichever is shorter)

(2) O&M contractors must update the recorded leak rate as ‘REF-LEAK_RATE’ Virtual Meter data for the applicable asset in NCMMS. NCMMS will maintain a log of each recorded leak rate.

(3) O&M contractors must update the asset’s total refrigerant charge as a ‘TOTAL_CHARGE’ attribute within the Specifications section of NCMMS.

(4) O&M contractors must attach supporting service documentation, to the Work Order in NCMMS, which must include:41

i. Asset Number

ii. Building ID

iii. Equipment location (floor and room)

iv. Part(s) of the appliance being maintained, serviced, or repaired

v. Type of maintenance, service, or repair performed for each part

vi. Name of the person performing the maintenance, service, or repair

vii. Amount and type of refrigerant added to the appliance

viii. Full charge of the appliance

ix. Leak rate and method used to determine the leak rate

b. Refrigerant leak repairs and recordkeeping in NCMMS. Refer to the functional responsibilities in the Refrigerant Leak Repairs and Notification phase of the flowchart in Attachment E.

The requirements below apply to air conditioning and refrigeration equipment containing 50 or more pounds of HFC refrigerant.

(1) If an air conditioning or refrigeration appliance has a leak rate of 10% or higher, a Leak Repair Work Order must be created in NCMMS. The O&M contractor must enter the leak rate (‘REF-LEAK_RATE’ Virtual Meter data) in NCMMS. The O&M contractor must notify the Facility Manager and COR, and the Facility Manager must notify the Regional Environmental Program Manager of the leak and leak repair initiation.

(2) The O&M contractor must ensure a certified technician repairs refrigerant leaks within 30 days of discovering the 10% leak rate exceedance.

(3) If the leak repair cannot be completed within 30 days, the O&M contractor must notify the Facility Manager and COR.

(4) The Facility Manager and COR must determine whether to repair, retrofit, or dispose of

41 40 CFR 82.166

the equipment.

(5) If GSA chooses to repair the equipment, the following documentation must be provided by the O&M contractor to the GSA Facility Manager and COR and attached as supporting service documentation to the Work Order in NCMMS:

i. Asset Number

ii. Building Number

iii. Name of the person performing the maintenance, service, or repair and their Section 608 technician certification

iv. Date the equipment exceeded the applicable leak rate

v. Location of leaks to the extent they have been determined

vi. Date of the maintenance, service, or repair

vii. Type of maintenance, service, or repair performed for each equipment part

viii. Amount and type of refrigerant added to the appliance

ix. Full charge of the appliance and the method for how the full charge was determined

x. Leak rate and method used to determine the leak rate

(6) The O&M contractor must update the total refrigerant charge (‘TOTAL_CHARGE’ attribute within the Specifications section), leak rate (‘REF-LEAK_RATE’ Virtual Meter data), and asset status (operational or decommissioned) in NCMMS, for the applicable asset.

(7) The O&M contractor must notify the Facility Manager and COR when the leak repairs are completed, through NCMMS.

8. Recurring NCMMS Refrigerant Reports.

a. Risk Management (Environmental) Surveys. OFM’s Facility Risk Management Division manages the Risk Management Survey Program. To monitor compliance with environmental regulations, Regional Environmental Program Managers conduct cyclical Risk Management (Environmental) Surveys. To monitor and assess compliance with air programs, for the surveyed buildings in a particular fiscal year, Regional Environmental Program Managers or Facility Managers may generate NCMMS asset reports to review the following:

(1) Inventory of assets containing ODS refrigerant at the facility, to include the building number, asset number, asset type and description, refrigerant type, and refrigerant charge.

(2) Reported refrigerant leak rates and leak rate history for the fiscal year, by building number, for assets containing 50 or more pounds of ODS refrigerant.

b. DOE FEMP Annual Energy Report . OFM’s Climate and Sustainability Division updates and manages PBS’s GHG emissions requirements and reporting. GSA and other federal agencies annually report GHG emissions to DOE FEMP. In November of each year, Central Office OFM will generate an NCMMS asset report that will be used to calculate GHG emissions. The asset report will cover the current fiscal year and include the following data:

(1) Inventory of assets containing HFC refrigerant at the facility, to include the building number, asset number, asset type and description, refrigerant type, and refrigerant charge.

(2) Reported refrigerant leak rates and leak history (by refrigerant type and building number) for the fiscal year, for assets containing 50 or more pounds of fluorinated refrigerants (e.g., HFCs).

(3) Inventory of any disposed or ‘decommissioned’ refrigerant-containing assets.

c. Guiding Principles Assessments and Reassessments. OFM’s Facilities Operations Division manages the Guiding Principles (GP) Program to ensure compliance with statutory and Executive Order 14057 provisions relating to high performance sustainable buildings. GSA and other federal agencies annually report the percentage of federal buildings meeting GPs for Sustainable Federal Buildings to the U.S. Council on Environmental Quality (CEQ) and the Office of Management and Budget (OMB).42 To meet GP ODS Criteria for Existing Buildings, Regional GP Leads should generate NCMMS asset reports to document the following during the assessment/reassessment reporting period:

(1) Inventory of assets containing 50 or more pounds of ODS refrigerant at the facility, to include the asset number, asset type and description, refrigerant type, refrigerant charge, and refrigerant leak rate.

(2) Reported refrigerant leak rates and leak rate history (by type and building number), for assets containing 50 or more pounds of ODS refrigerant.

9. Definitions.

a. Appliance.

Any device which contains and uses a Class I or II substance or substitute as a refrigerant, such as an air conditioner, chiller, or freezer. For a system with multiple circuits, each independent circuit is considered a separate appliance.

b. Chronically leaking appliance.

An appliance is chronically leaking if it leaks 125 percent or more of its full refrigerant charge in a calendar year.