Common use of EPA's Responsibilities Clause in Contracts

EPA's Responsibilities. ◼ Serve as a technical clearinghouse on responsible appliance disposal program development and implementation. ◼ Calculate annual and cumulative Program benefits in terms of ODS and GHG emission savings and equivalents and, as available, potential cost savings. ◼ Provide Partner recognition for achievements through press releases, brochures, articles, awards, case studies, and/or social media. ◼ All information submitted to EPA will be treated in accordance with the EPA regulations at 40 CFR Part 2, including the provisions on protecting confidential business information (CBI). For information to be treated as CBI, it must be designated as CBI at the time of submittal. EPA will protect CBI to the maximum extent of the law. PARTNER RESPONSIBILITIES ◼ Encourage the retirement of old, energy inefficient refrigerators, freezers, window air conditioning units, and dehumidifiers, and implement best practices for the recycling/disposal of these units, including: proper recovery and reclamation or destruction of refrigerants; proper recovery and reclamation or destruction of insulating foam; safe disposal of hazardous waste products, including PCBs and mercury; proper recycling of used oil; and recycling of all recoverable, durable materials. ◼ Consistent with the RAD program objectives, report available information annually including: the number of appliances collected; type and quantity of refrigerants reclaimed/destroyed; type and quantity of foam blowing agent reclaimed/destroyed; weight of metals, plastics, and glass recycled; and quantity of hazardous waste products managed and used oil recovered1. ◼ Exchange information on RAD program development/implementation and best practices with other RAD program partners. ◼ Appoint a representative as RAD Program Coordinator and notify EPA of any change in the designated liaison. PROGRAM EXPECTATIONS Proper recovery and management of refrigerant: Under Section 608 of the 1990 Clean Air Act Amendments and the implementing regulations at 40 CFR Part 82 Subpart F, no refrigerant may be vented during the disposal of appliances2 (40 CFR § 82.154); therefore, refrigerant must be recovered at equipment end-of-life. Refrigerant must be properly recovered, meaning that at least 90% of the refrigerant must be recovered if the compressor is operating, and at least 80% must be recovered otherwise; alternatively, the refrigerant can be evacuated to four inches of mercury vacuum (40 CFR § 82.156(h)). Refrigerant must either be reclaimed by an EPA-certified reclaimer (see 40 CFR §82.164) for reuse, or destroyed using approved destruction methods (see 40 CFR Part 82 Subpart A) in accordance with applicable federal, state, and local environmental regulations. Proper recovery and management of mercury: Mercury waste, such as switches and relays, must be recovered from appliances prior to disposal or shredding, sent to a qualified recovery facility that has appropriate hazardous waste management permits, and managed in accordance with applicable federal, state, and local hazardous waste regulations (e.g., waste must be properly packaged prior to transport) (40 CFR § 273). The federal hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) can be found in Title 40 of the Code of Federal Regulations, Parts 260 - 279. The Partner should consult the appropriate state agency to determine whether the state regulatory hazardous waste requirements differ from federal requirements. Proper recovery and management of used oil: Any used oil recovered from refrigeration units must be managed in accordance with the federal standards outlined in 40 CFR 279 or the equivalent state regulations. Before recycling and disposal, used oil must be stored in appropriate containers in good condition and with no visible leaks (40 CFR 279). Per the RCRA used oil rebuttable presumption, refrigerant contaminating the used oil should be recovered. Used oil removed from refrigerated appliances cannot be mixed with used oil from other sources (40 CFR 279). Proper recovery and management of PCBs: PCBs are most likely to be found in a capacitor. If the capacitor does not state “contains no PCBs” or the capacitor (or refrigerator) was manufactured before 1979, assume that the capacitor contains PCBs (see 40 CFR 761.2 (a)(4) for PCB concentration assumptions and 40 CFR 761.3 for definitions). If the capacitor contains PCBs, which are regulated for disposal, and is leaking, then disposal of the capacitor must be in accordance with 40 CFR 761.62(a) or (c). If the capacitor contains PCBs, which are regulated for disposal, and is not leaking, then disposal of the capacitor must be in accordance with 40 CFR 761.60(b)(2). Storage of PCB capacitors, which are regulated for disposal, must be for no more than one year and must be in accordance with 40 CFR 761.65. Proper recovery and reclamation or destruction of foam blowing agent: Partner agrees to remove foam from appliances and reclaim or destroy foam blowing agent using approved destruction methods (see 40 CFR Part 82 Subpart A).

EPA's Responsibilities. ◼ Serve as a technical clearinghouse on responsible appliance disposal program development and implementation. ◼ Calculate annual and cumulative Program benefits in terms of ODS and GHG emission savings and equivalents and, as available, potential cost savings. ◼ Provide Partner Affiliate recognition for achievements through press releases, brochures, articles, awards, case studies, and/or social media. ◼ All information submitted to EPA will be treated in accordance with the EPA regulations at 40 CFR Part 2, including the provisions on protecting confidential business information (CBI). For information to be treated as CBI, it must be designated as CBI at the time of submittal. EPA will protect CBI to the maximum extent of the law. AFFILIATE RESPONSIBILITIES Promote the RAD program to potential partners (e.g., utilities, retailers, manufacturers, states) through information dissemination and strategic outreach. (See text box on Partner Responsibilities, below.) Serve as a technical clearinghouse/resource on RAD program development and implementation to existing and prospective partners. Provide partner recognition for achievements through press releases, articles, awards, case studies, and/or social media. Exchange information on RAD program development/implementation and best practices with other RAD program partners and affiliates. Appoint a representative as RAD Program Coordinator and notify EPA of any change in the designated liaison. PARTNER RESPONSIBILITIES ◼ (E.G., UTILITIES, RETAILERS, MANUFACTURERS, STATES) Encourage the retirement of old, energy inefficient refrigerators, freezers, window air conditioning units, and dehumidifiers, and implement best practices for the recycling/disposal of these units, including: proper recovery and reclamation or destruction of refrigerants; proper recovery and reclamation or destruction of insulating foam; safe disposal of hazardous waste products, including PCBs and mercury; proper recycling of used oil; and recycling of all recoverable, durable materials. ◼ Consistent with the RAD program objectives, report available information annually including: the number of appliances collected; type and quantity of refrigerants reclaimed/destroyed; type and quantity of foam blowing agent reclaimed/destroyed; weight of metals, plastics, and glass recycled; and quantity of hazardous waste products managed and used oil recovered1recovered. ◼ Exchange information on RAD program development/implementation and best practices with other RAD program partners. ◼ Appoint a representative as RAD Program Coordinator and notify EPA of any change in the designated liaison. Treat any information provided to the Affiliate in accordance with the EPA regulations at 40 CFR Part 2, including the provisions on protecting confidential business information (CBI). For information to be treated as CBI, it must be designated as CBI at the time of submittal PROGRAM EXPECTATIONS Proper recovery and management of refrigerant: Under Section 608 of the 1990 Clean Air Act Amendments and the implementing regulations at 40 CFR Part 82 Subpart F, no refrigerant may be vented during the disposal of appliances2 appliances1 (40 CFR § 82.154); therefore, refrigerant must be recovered at equipment end-of-life. Refrigerant must be properly recovered, meaning that at least 90% of the refrigerant must be recovered if the compressor is operating, and at least 80% must be recovered otherwise; alternatively, the refrigerant can be evacuated to four inches of mercury vacuum (40 CFR § 82.156(h)). Refrigerant must either be reclaimed by an EPA-certified reclaimer (see 40 CFR §82.164) for reuse, or destroyed using approved destruction methods (see 40 CFR Part 82 Subpart A) in accordance with applicable federal, state, and local environmental regulations. Proper recovery and management of mercury: Mercury waste, such as switches and relays, must be recovered from appliances prior to disposal or shredding, sent to a qualified recovery facility that has appropriate hazardous waste management permits, and managed in accordance with applicable federal, state, and local hazardous waste regulations (e.g., waste must be properly packaged prior to transport) (40 CFR § 273). The federal hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) can be found in Title 40 of the Code of Federal Regulations, Parts 260 - 279. The Partner partner should consult the appropriate state agency to determine whether the state regulatory hazardous waste requirements differ from federal requirements. Proper recovery and management of used oil: Any used oil recovered from refrigeration units must be managed in accordance with the federal standards outlined in 40 CFR 279 or the equivalent state regulations. Before recycling and disposal, used oil must be stored in appropriate containers in good condition and with no visible leaks (40 CFR 279). Per the RCRA used oil rebuttable presumption, refrigerant contaminating the used oil should be recovered. Used oil removed from refrigerated appliances cannot be mixed with used oil from other sources (40 CFR 279). Proper recovery and management of PCBs: PCBs are most likely to be found in a capacitor. If the capacitor does not state “contains no PCBs” or the capacitor (or refrigerator) was manufactured before 1979, assume that the capacitor contains PCBs (see 40 CFR 761.2 (a)(4) for PCB concentration assumptions and 40 CFR 761.3 for definitions). If the capacitor contains PCBs, which are regulated for disposal, and is leaking, then disposal of the capacitor must be in accordance with 40 CFR 761.62(a) or (c). If the capacitor contains PCBs, which are regulated for disposal, and is not leaking, then disposal of the capacitor must be in accordance with 40 CFR 761.60(b)(2). Storage of PCB capacitors, which are regulated for disposal, must be for no more than one year and must be in accordance with 40 CFR 761.65. Proper recovery and reclamation or destruction of foam blowing agent: Partner agrees to remove foam from appliances and reclaim or destroy foam blowing agent using approved destruction methods (see 40 CFR Part 82 Subpart A).

EPA's Responsibilities. ◼  Serve as a technical clearinghouse on responsible appliance disposal program development and implementation. ◼  Calculate annual and cumulative Program benefits in terms of ODS and GHG emission savings and equivalents and, as available, potential cost savings. ◼  Provide Partner recognition for achievements achievement through press releases, brochures, articles, and awards, case studies, and/or social media. ◼  All information submitted to EPA will be treated in accordance with the EPA regulations at 40 CFR Part 2, including the provisions on protecting confidential business information (CBI). For information to be treated as CBI, it must be designated as CBI at the time of submittal. EPA will protect CBI to the maximum extent of the law. PARTNER RESPONSIBILITIES ◼  Encourage the retirement of old, energy inefficient refrigerators, freezers, window air conditioning units, and dehumidifiers, and implement best practices for the recycling/disposal of these units, including: proper recovery and reclamation or destruction of refrigerants; proper recovery and reclamation or destruction of insulating foam; safe disposal of hazardous waste products, including PCBs and mercury; proper recycling of used oil; and recycling of all recoverable, durable materials. ◼  Consistent with the RAD program Program objectives, report available information annually including: the number of appliances collected; type and quantity of refrigerants reclaimed/destroyed; type and quantity of foam blowing agent reclaimed/destroyed; weight of metals, plastics, and glass recycled; and quantity of hazardous waste products managed and used oil recovered1recovered. ◼  Exchange information on RAD program Program development/implementation and best practices with other RAD program Program partners. ◼  Appoint a representative as RAD Responsible Appliance Disposal Program Coordinator and notify EPA of any change in the designated liaison. PROGRAM EXPECTATIONS Proper recovery and management of refrigerant: Under Section 608 of the 1990 Clean Air Act Amendments and the implementing regulations at 40 CFR Part 82 Subpart F, no refrigerant may be vented during the disposal of appliances2 appliances1 (40 CFR § 82.154); therefore, refrigerant must be recovered at equipment end-of-life. Refrigerant must be properly recovered, meaning that at least 90% of the refrigerant must be recovered if the compressor is operating, and at least 80% must be recovered otherwise; alternatively, the refrigerant can be evacuated to four inches of mercury vacuum (40 CFR § 82.156(h))) . Refrigerant must either be reclaimed by an EPA-certified reclaimer (see 40 CFR §82.164) for reuse, or destroyed using approved destruction methods (see 40 CFR Part 82 Subpart A) in accordance with applicable federal, state, and local environmental regulations. Proper recovery and management of mercury: Mercury waste, such as switches and relays, must be recovered from appliances prior to disposal or shredding, sent to a qualified recovery facility that has appropriate hazardous waste management permits, and managed in accordance with applicable federal, state, and local hazardous waste regulations (e.g., waste must be properly packaged prior to transport) (40 CFR § 273CFR§273). The federal hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) can be found in Title 40 of the Code of Federal Regulations, Parts 260 - 279. The Partner should consult the appropriate state agency to determine whether the state regulatory hazardous waste requirements differ from federal requirements. Proper recovery and management of used oil: Any used oil recovered from refrigeration units must be managed in accordance with the federal standards outlined in 40 CFR 279 or the equivalent state regulations. Before recycling and disposal, used oil must be stored in appropriate containers in good condition and with no visible leaks (40 CFR 279). Per the RCRA used oil rebuttable presumption, refrigerant contaminating the used oil should be recovered. Used oil removed from refrigerated appliances cannot be mixed with used oil from other sources (40 CFR 279). Proper recovery and management of PCBs: PCBs are most likely to be found in a capacitor. If the capacitor does not state “contains no PCBs” or the capacitor (or refrigerator) was manufactured before 1979, assume that the capacitor contains PCBs (see 40 CFR 761.2 (a)(4) for PCB concentration assumptions and 40 CFR 761.3 for definitions). If the capacitor contains PCBs, which are regulated for disposal, and is leaking, then disposal of the capacitor must be in accordance with 40 CFR 761.62(a) or (c). If the capacitor contains PCBs, which are regulated for disposal, and is not leaking, then disposal of the capacitor must be in accordance with 40 CFR 761.60(b)(2). Storage of PCB capacitors, which are regulated for disposal, must be for no more than one year and must be in accordance with 40 CFR 761.65. Proper recovery and reclamation or destruction of foam blowing agent: Partner agrees to remove foam from appliances and reclaim or destroy foam blowing agent using approved destruction methods (see 40 CFR Part 82 Subpart A).

EPA's Responsibilities. ◼ Serve as a technical clearinghouse on responsible appliance disposal program development and implementation. ◼ Calculate annual and cumulative Program benefits in terms of ODS and GHG emission savings and equivalents and, as available, potential cost savings. ◼ Provide Partner recognition for achievements achievement through press releases, brochures, articles, and awards, case studies, and/or social media. ◼ All information submitted to EPA will be treated in accordance with the EPA regulations at 40 CFR Part 2, including the provisions on protecting confidential business information (CBI). For information to be treated as CBI, it must be designated as CBI at the time of submittal. EPA will protect CBI to the maximum extent of the law. PARTNER RESPONSIBILITIES ◼ Encourage the retirement of old, energy inefficient refrigerators, freezers, window air conditioning units, and dehumidifiers, and implement best practices for the recycling/disposal of these units, including: proper recovery and reclamation or destruction of refrigerants; proper recovery and reclamation or destruction of insulating foam; safe disposal of hazardous waste products, including PCBs and mercury; proper recycling of used oil; and recycling of all recoverable, durable materials. ◼ Consistent with the RAD program Program objectives, report available information annually including: the number of appliances collected; type and quantity of refrigerants reclaimed/destroyed; type and quantity of foam blowing agent reclaimed/destroyed; weight of metals, plastics, and glass recycled; and quantity of hazardous waste products managed and used oil recovered1recovered. ◼ Exchange information on RAD program Program development/implementation and best practices with other RAD program Program partners. ◼ Appoint a representative as RAD Responsible Appliance Disposal Program Coordinator and notify EPA of any change in the designated liaison. PROGRAM EXPECTATIONS Proper recovery and management of refrigerant: Under Section 608 of the 1990 Clean Air Act Amendments and the implementing regulations at 40 CFR Part 82 Subpart F, no refrigerant may be vented during the disposal of appliances2 appliances1 (40 CFR § 82.154); therefore, refrigerant must be recovered at equipment end-of-life. Refrigerant must be properly recovered, meaning that at least 90% of the refrigerant must be recovered if the compressor is operating, and at least 80% must be recovered otherwise; alternatively, the refrigerant can be evacuated to four inches of mercury vacuum (40 CFR § 82.156(h))) . Refrigerant must either be reclaimed by an EPA-certified reclaimer (see 40 CFR §82.164) for reuse, or destroyed using approved destruction methods (see 40 CFR Part 82 Subpart A) in accordance with applicable federal, state, and local environmental regulations. Proper recovery and management of mercury: Mercury waste, such as switches and relays, must be recovered from appliances prior to disposal or shredding, sent to a qualified recovery facility that has appropriate hazardous waste management permits, and managed in accordance with applicable federal, state, and local hazardous waste regulations (e.g., waste must be properly packaged prior to transport) (40 CFR § 273CFR§273). The federal hazardous waste regulations under the Resource Conservation and Recovery Act (RCRA) can be found in Title 40 of the Code of Federal Regulations, Parts 260 - 279. The Partner should consult the appropriate state agency to determine whether the state regulatory hazardous waste requirements differ from federal requirements. Proper recovery and management of used oil: Any used oil recovered from refrigeration units must be managed in accordance with the federal standards outlined in 40 CFR 279 or the equivalent state regulations. Before recycling and disposal, used oil must be stored in appropriate containers in good condition and with no visible leaks (40 CFR 279). Per the RCRA used oil rebuttable presumption, refrigerant contaminating the used oil should be recovered. Used oil removed from refrigerated appliances cannot be mixed with used oil from other sources (40 CFR 279). Proper recovery and management of PCBs: PCBs are most likely to be found in a capacitor. If the capacitor does not state “contains no PCBs” or the capacitor (or refrigerator) was manufactured before 1979, assume that the capacitor contains PCBs (see 40 CFR 761.2 (a)(4) for PCB concentration assumptions and 40 CFR 761.3 for definitions). If the capacitor contains PCBs, which are regulated for disposal, and is leaking, then disposal of the capacitor must be in accordance with 40 CFR 761.62(a) or (c). If the capacitor contains PCBs, which are regulated for disposal, and is not leaking, then disposal of the capacitor must be in accordance with 40 CFR 761.60(b)(2). Storage of PCB capacitors, which are regulated for disposal, must be for no more than one year and must be in accordance with 40 CFR 761.65. Proper recovery and reclamation or destruction of foam blowing agent: Partner agrees to remove foam from appliances and reclaim or destroy foam blowing agent using approved destruction methods (see 40 CFR Part 82 Subpart A).