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Ministry of the Environment Refrigerants Regulation

ODP Fact Sheet

Recently, the Ministry of the Environment (MOE) amended the Refrigerants Regulation (O. Reg. 189/94), which will impact the way you do business. Changes were made in the following areas:

  • Phase-out of chlorofluorocarbons (CFC) from large refrigeration equipment
  • Stewardship
  • Storage of refrigerants
  • Certification and renewal requirements
  • Low pressure chillers and
  • Enforcement

Chlorofluorocarbon Phase-out

Chlorofluorocarbon refrigerant is being phased-out from large industrial, commercial and institutional refrigeration and air conditioning units and chillers.

Beginning January 1, 2009:

  • Large industrial, commercial and institutional refrigeration equipment (i.e., with compressors greater than 22 kilowatts) cannot be refilled with chlorofluorocarbon refrigerant. Mobile refrigeration equipment is excluded.
  • Chillers cannot be refilled with chlorofluorocarbon refrigerant following first major overhaul (as defined in the Regulation), with the following exceptions:
    • Owners will be permitted to refill chillers following major overhaul if a written notice is submitted setting out a date no later than December 31, 2011 by which the unit will be converted or replaced.
    • Chillers may also be refilled if there is an immediate threat to human health, crops or animals. A notice of refill must be submitted within seven days and the unit must be converted or replaced to non-chlorofluorocarbon refrigerant within one year of the refill (not to exceed December 31, 2011).

Beginning January 1, 2012:

  • All large industrial, commercial and institutional refrigeration equipment and chillers that use chlorofluorocarbon refrigerant cannot be operated.

Low Pressure Chillers

The Ministry of Environment will be adopting purging practices for low pressure chillers as described in The Environmental Code of Practice for Elimination of Fluorocarbon Emissions from Refrigeration and Air Conditioning Systems beginning January 1, 2009. Since 2000, the Code of Practice has required that all purge systems have zero emissions and that the best available technology be used to capture residual refrigerant from purge exhaust ports.

Stewardship

Effective January 1, 2009, wholesalers will be required to accept refrigerant containing chlorofluorocarbons at no-cost. Technicians are required to continue to follow the comprehensive record keeping requirements already established for refrigerant waste under (R.R.O. 1990, Regulation 347, General - Waste Management.

Beginning July 1, 2012, refrigerant containing chlorofluorocarbons recovered from refrigeration equipment will be designated as hazardous waste.

Storage

To ensure that surplus chlorofluorocarbon refrigerant is delivered to wholesalers for placement into a stewardship program, the storage of surplus chlorofluorocarbon refrigerant on the "shop floor" will be limited to six months, beginning January 1, 2012. Extensions can be applied for in extenuating circumstances to the Director, Air Policy and Climate Change Branch, Ministry of the Environment.

Recertification

The recertification or re-examination requirement for Ozone Depletion Prevention certificate holders has been removed. However, ODP certificate holders will still have to apply for card renewal every five years and pay a renewal fee.

Record Keeping

Additional details will be required for record keeping as described below:

  • Service and testing records shall include the name of the seller of the refrigerant.
  • Leak test notices shall now include the name of the employer of the person that conducted a leak test.
  • Empty notices for refrigeration equipment and containers shall include the name of the employer of the person that made the determination that the unit or container was empty.

Enforcement

New provisions and other enhancements have been made to improve enforceability of existing provisions in the regulation.

  • The Director now has the authority to refuse or revoke ODP cards based on past conduct.
  • Additionally, several clarifications have been that will increase the number of charges to technicians who do not comply with the requirements of the regulation.
  • Clarifications have been made to clarify that releases to the air within a building are also prohibited.

For Further Information

Please visit the ministry's Web site on ozone-depleting substances at www.ene.gov.on.ca/en/air/ods/index.php or call the ministry's information telephone line at 1-800-565-4923 or 416-325-4000.