Refrigerant waste: traceability and regulations

Since 2011, used refrigerants have been classified as hazardous waste, requiring a waste tracking slip (BSD) for their transport and processing.

Marie Faucon
Consultante HSE
Publication : 
04.10.2015
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Please note: This article concerns French legislation. The requirements described may not apply in other countries.

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Since 2011, halogenated refrigerants are no longer exempt from the requirement to issue a hazardous waste tracking slip (BSD). This new regulatory requirement remains largely unknown and poorly observed during the collection of used refrigerant waste by refrigeration contractors. To address this, the Ministry of Ecology is planning to merge the BSD with the intervention record, which is also required for any handling of refrigerants.

Refrigerant waste: what are the current regulations?

Since its amendment by Decree No. 2011-396 of April 13, 2011, Article R. 543-45 of the Environmental Code no longer exempts halogenated refrigerants such as CFCs, HCFCs, or HFCs from the BSD requirement. Consequently, a BSD using the Cerfa 12571 form must be issued by any owner of refrigeration and air conditioning equipment whenever they hand over used refrigerant to a contractor responsible for equipment maintenance for the purpose of regeneration or destruction.

As with any hazardous waste :

  • The BSD must accompany the refrigerants to the treatment site and be completed by the various parties involved: the transporter/collector, the transit facility, and the disposal or recovery facility.
  • A copy of the BSD must be returned to the issuer within one month to confirm receipt and/or processing of the used refrigerant.
  • The original or a copy of the BSD must be kept for 5 years.

How to fill out the BSD?

The issuer of the BSD (section 1) must be the waste producer, i.e., the owner of the equipment containing the removed refrigerant. By way of derogation, it may be the refrigeration contractor if they are acting as a collector of small quantities during a collection route. In this case, the various producers of refrigerants benefiting from this collection must fill out Annex I of the Cerfa 12571 form. The waste code 14 06 01 - Chlorofluorocarbons, HCFCs, HFCs must be used to complete section 3 of the BSD (Waste description), specifying "gaseous" and "liquid" for the consistency.

Regarding section 4 (Information under the regulations for the transport of dangerous goods), several UN numbers are possible depending on the refrigerant:

  • R 12 => UN 1028, WASTE DICHLORODIFLUOROMETHANE (REFRIGERANT GAS R 12), 2.2
  • R 22 => UN 1018, CHLORODIFLUOROMETHANE WASTE (REFRIGERANT GAS R 22), 2.2
  • R 134a => UN 3159, 1,1,1,2-TETRAFLUOROETHANE WASTE (REFRIGERANT GAS R 134a), 2.2
  • R 407c => UN 3340, REFRIGERANT GAS R 407C WASTE, 2.2
  • Other fluids => UN 1078, REFRIGERANT GAS WASTE, N.O.S. (REFRIGERANT GAS N.O.S.) (+ chemical names of main components), 2.2

In box 5 of the waste tracking form (BSD) (Packaging), the "Other" box must be checked, specifying that these are cylinders and indicating their number. Finally, the net weight of recovered refrigerant in tonnes must be indicated in box 6 (Quantity).

FOCUS ON ADR REQUIREMENTS FOR THE TRANSPORT OF HALOGENATED REFRIGERANTS

All halogenated refrigerants fall under transport category 3 pursuant to Chapter 1.1.3.6 of the ADR. Consequently, as long as the net quantity of fluid loaded on board the vehicle remains below 1,000 kg, the transport operation is partially exempt from certain ADR provisions, specifically regarding:

  • vehicle signage ADR vehicle
  • the driver's ADR training certificate
  • the presence of safety instructions on board

However, the following remain applicable:

  • design, inspection, and labeling requirements for the cylinders used
  • the preparation of a transport document (= waste tracking form (BSD) for used fluids)
  • the presence of a fire extinguisher in the cab

What about the future?

In response to difficulties reported by refrigeration professionals regarding the preparation and tracking of waste tracking forms (BSD), the Ministry of Ecology has been working since 2012 on creating a specific Cerfa form for this sector, which would serve as both a waste tracking form and an intervention record. As a reminder, such an intervention record must be prepared by refrigeration technicians for any operation requiring the handling of refrigerants, including when draining a refrigeration circuit for fluid recovery.

The new Cerfa form would simplify administrative procedures by avoiding the need to fill out two documents that, in effect, contain several pieces of common information, particularly the nature, quantity, and destination of the recovered fluid. Given the draft "F-Gas" decree submitted for public consultation in early 2015, this reform is nearing completion. The proposed amendment to Article R. 543-82 of the Environmental Code provides for the adoption of a ministerial order defining the future Cerfa form that will merge the intervention record and the waste tracking form.

While we await the publication of this decree, operators of refrigeration and air conditioning equipment are strongly advised to ensure that a waste tracking slip (BSD) is systematically issued when refrigerant wasteis collected from their site. The potential penalties are far from negligible: beyond the €750 maximum fine for failing to provide a BSD, the absence of transport documentation under ADR regulations can expose the sender to a one-year prison sentence and a €30,000 fine. This is all the more reason to disregard any objections or reluctance raised by certain refrigeration contractors.

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To assist you with these procedures, you can use waste management software to optimize the regulatory management of your waste streams.

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