72216 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Parts 84, 261, 262, 266, 270, 

and 271 

[EPA–HQ–OAR–2022–0606; FRL–10105–01– 

OAR] 

Phasedown of Hydrofluorocarbons: 

Management of Certain 

Hydrofluorocarbons and Substitutes 

Under Subsection (h) of the American 

Innovation and Manufacturing Act of 

2020 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of proposed rulemaking 

and advance notice of proposed 

rulemaking. 

SUMMARY: The U.S. Environmental 

Protection Agency is proposing to issue 

regulations to implement certain 

provisions of the American Innovation 

and Manufacturing Act of 2020. This 

rulemaking proposes to establish a 

program for the management of 

hydrofluorocarbons that includes 

requirements for leak repair and use of 

automatic leak detection systems for 

certain equipment using refrigerants 

containing hydrofluorocarbons and 

certain substitutes; requirements for the 

use of reclaimed hydrofluorocarbons in 

certain sectors or subsectors; the use of 

recycled hydrofluorocarbons in fire 

suppression equipment; recovery of 

hydrofluorocarbons from cylinders; 

container tracking; and certain 

recordkeeping, reporting, and labeling 

requirements. The Environmental 

Protection Agency is also proposing 

alternative Resource Conservation and 

Recovery Act standards for spent 

ignitable refrigerants being recycled for 

reuse. Finally, EPA requests advance 

comment on approaches for establishing 

requirements for technician training 

and/or certification. 

DATES: Comments on this notice of 

proposed rulemaking must be received 

on or before December 18, 2023. Under 

the Paperwork Reduction Act (PRA), 

comments on the information collection 

provisions are best ensured of 

consideration if the Office of 

Management and Budget (OMB) 

receives a copy of your comments on or 

before November 20, 2023. The 

Environmental Protection Agency (EPA) 

will hold a virtual public hearing on or 

about November 3, 2023. The date, time, 

and other relevant information for the 

virtual public hearing will be available 

at https://www.epa.gov/climate-hfcsreduction. 

ADDRESSES: You may send comments, 

identified by docket identification 

number EPA–HQ–OAR–2022–0606, by 

any of the following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov (our 

preferred method). Follow the online 

instructions for submitting comments. 

• Mail: U.S. Environmental 

Protection Agency, EPA Docket Center, 

Air and Radiation Docket, Mail Code 

28221T, 1200 Pennsylvania Avenue 

NW, Washington, DC 20460. 

• Hand Delivery or Courier (by 

scheduled appointment only): EPA 

Docket Center, WJC West Building, 

Room 3334, 1301 Constitution Avenue 

NW, Washington, DC 20004. The Docket 

Center’s hours of operations are 8:30 

a.m.–4:30 p.m., Monday–Friday (except 

Federal Holidays). 

Instructions: All submissions received 

must include the Docket ID No. for this 

rulemaking. Comments received may be 

posted without change to https://

www.regulations.gov, including any 

personal information provided. The 

EPA Docket Center and Reading Room 

are open to the public by appointment 

only. Our Docket Center staff also 

continue to provide remote customer 

service via email, phone, and webform. 

We encourage the public to submit 

comments via https://

www.regulations.gov as there may be a 

delay in processing mail. Hand 

deliveries and couriers may be received 

by scheduled appointment only. For 

further information on EPA Docket 

Center services and the current status, 

please visit us online at https://

www.epa.gov/dockets. 

You may find the following 

suggestions helpful for preparing your 

comments: Direct your comments to 

specific sections of this proposed 

rulemaking and note where your 

comments may apply to future separate 

actions where possible; explain your 

views as clearly as possible; describe 

any assumptions that you used; provide 

any technical information or data you 

used that support your views; provide 

specific examples to illustrate your 

concerns; offer alternatives; and, make 

sure to submit your comments by the 

comment period deadline. Please 

provide any published studies or raw 

data supporting your position. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. EPA will generally 

not consider comments or comment 

contents located outside of the primary 

submission (e.g., on the web, cloud, or 

other file sharing system). 

Do not submit any information you 

consider to be Confidential Business 

Information (CBI) through https://

www.regulations.gov. For submission of 

confidential comments, please work 

with the person listed in the FOR

FURTHER INFORMATION CONTACT section. 

For additional submission methods, the 

full EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www.epa.gov/dockets/ 

commenting-epa-dockets. 

FOR FURTHER INFORMATION CONTACT: 

Christian Wisniewski, Stratospheric 

Protection Division, Office of 

Atmospheric Protection (Mail Code 

6205A), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460; telephone 

number: 202–564–0417; email address: 

wisniewski.christian@epa.gov. You may 

also visit EPA’s website at https://

www.epa.gov/climate-hfcs-reduction for 

further information. 

For information related to the 

proposed alternative standards for 

certain ignitable spent refrigerants 

under the Resource Conservation and 

Recovery Act (RCRA), please contact 

Tracy Atagi, Materials Recovery and 

Waste Management Division, Office of 

Resource Conservation and Recovery 

(5304T), Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW, 

Washington, DC 20460; telephone 

number: (202) 566–0511; email address: 

atagi.tracy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ ‘‘the Agency,’’ or ‘‘our’’ is 

used, we mean EPA. Acronyms that are 

used in this rulemaking that may be 

helpful include: 

AC—Air Conditioning 

AHRI—Air-Conditioning, Heating, and 

Refrigeration Institute 

ALD—Automatic Leak Detection 

AIM Act—American Innovation and 

Manufacturing Act of 2020 

APF—Air Permitting Forum 

ASHRAE—American Society of Heating, 

Refrigerating and Air-Conditioning 

Engineers 

ASTM—American Society for Testing and 

Materials 

CAA—Clean Air Act 

CARB—California Air Resources Board 

CBI—Confidential Business Information 

CBP—U.S. Customs and Border Protection 

CFC—Chlorofluorocarbon 

CFR—Code of Federal Regulations 

CO2e—Carbon Dioxide Equivalent 

DOT—Department of Transportation 

ECHO—Enforcement and Compliance 

History Online 

e-GGRT—Electronic Greenhouse Gas 

Reporting Tool 

ENGO—Environmental Non-governmental 

Organization 

E.O.—Executive Order 

EPA—Environmental Protection Agency 


lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 72217 

EVe—Exchange Value Equivalent 

FEMA—Fire Equipment Manufacturers 

Association 

FOIA—Freedom of Information Act 

FR—Federal Register 

FSSA—Fire Suppression Systems 

Association 

FSTOC—Fire Suppression Technical Options 

Committee 

GHG—Greenhouse gas 

GHGRP—Greenhouse Gas Reporting Program 

GWP—Global Warming Potential 

HAP—Hazardous Air Pollutant 

HARC—Halon Alternatives Research 

Corporation 

HCFC—Hydrochlorofluorocarbon 

HD—Heavy-duty 

HEEP—HFC Emissions Estimating Program 

HFC—Hydrofluorocarbon 

HFO—Hydrofluoroolefin 

HSWA—Hazardous and Solid Waste 

Amendments of 1984 

HTOC—Halons Technical Options 

Committee 

ICR—Information Collection Request 

IPCC—Intergovernmental Panel on Climate 

Change 

IPR—Industrial Process Refrigeration 

IWG—Interagency Working Group on the 

Social Cost of Greenhouse Gases 

ISO—International Organization for 

Standardization 

MACS—Mobile Air Climate Systems 

Association 

MMTCO2e—Million Metric Tons of Carbon 

Dioxide Equivalent 

MMTEVe—Million Metric Tons of Exchange 

Value Equivalent 

MTEVe—Metric Tons of Exchange Value 

Equivalent 

MVAC—Motor vehicle air conditioner 

NAAQS—National Ambient Air Quality 

Standards 

NAICS—North American Industrial 

Classification System 

NAFED—National Association of Fire 

Equipment Distributors 

NATA—National Air Toxics Assessment 

NEDA/CAP—National Environmental 

Development Association’s Clean Air 

Project 

NEI—National Emissions Inventory 

NFPA—National Fire Protection Association 

NODA—Notice of Data Availability 

NRDC—Natural Resources Defense Council 

ODP—Ozone Depletion Potential 

ODS—Ozone depleting substances 

OEM—Original Equipment Manufacturer 

OLEM—Office of Land and Emergency 

Management 

OMB—Office of Management and Budget 

ppm—Parts Per Million 

PRA—Paperwork Reduction Act 

R4 Program—Refrigerant Recovery, Reclaim, 

and Reuse Requirements (CARB Program) 

RACHP—Refrigeration, Air Conditioning, 

and Heat Pumps 

RCOP—Recycling Code of Practice 

RCRA—Resource Conservation and Recovery 

Act 

RFA—Regulatory Flexibility Act 

RIA—Regulatory Impact Analysis 

RRA—Refrigerant Reclaim Australia 

SC–HFC—Social Cost of Hydrofluorocarbons 

SISNOSE—Significant Economic Impact on a 

Substantial Number of Small Entities 

SNAP—Significant New Alternatives Policy 

VCOP—Voluntary Code of Practice 

TRI—Toxics Release Inventory 

VRF—Variable Refrigerant Flow 

VSQG—Very Small Quantity Generator 

Table of Contents 

I. Executive Summary 

A. What is the purpose of this proposed 

regulatory action? 

B. What is the summary of this proposed 

regulatory action? 

C. What is the summary of the costs and 

benefits? 

II. General Information 

A. Does this action apply to me? 

B. What is EPA’s authority for taking this 

action? 

III. Background 

A. What are HFCs? 

B. How do HFCs affect public health and 

welfare? 

C. What refrigerant management programs 

has EPA already established under the 

Clean Air Act? 

1. National Recycling and Emission 

Reduction Program (CAA Section 608) 

2. Motor Vehicle Air Conditioning 

Servicing Program (CAA Section 609) 

3. Significant New Alternatives Policy 

Program (CAA Section 612) 

IV. How is EPA proposing to regulate the 

management of HFCs and their 

substitutes? 

A. What definitions is EPA proposing to 

implement under subsection (h)? 

1. Which definitions is EPA proposing to 

adopt that parallel definitions in 40 CFR 

82.152? 

2. Which definitions is EPA proposing to 

adopt that parallel definitions in 40 CFR 

82.32? 

3. What other definitions is EPA proposing 

to adopt? 

B. Which sectors and subsectors is EPA 

considering addressing under subsection 

(h)? 

C. How is EPA proposing to address leak 

repair? 

1. Background 

2. Scope of the Proposed Leak Repair 

Requirements 

a. Appliances containing which 

refrigerants would be subject to the 

proposed leak repair requirements? 

b. Appliances with what charge size would 

be subject to the proposed leak repair 

requirements? 

3. What leak repair provisions is EPA 

proposing? 

a. Leak Rate Calculations 

b. Requirement To Repair Leaks, Timing 

and Applicable Leak Rates 

c. Verification Testing 

d. Leak Inspections 

e. Chronically Leaking Appliances 

f. Retrofit and Retirement Plans 

g. Recordkeeping and Reporting 

4. Automatic Leak Detection Systems 

a. Proposed Automatic Leak Detection 

Requirements 

b. Recordkeeping and Reporting 

D. How is EPA proposing to establish 

requirements for the use of recovered 

and reclaimed HFCs? 

1. Background 

2. Proposed Reclamation Standard 

3. Proposed Requirements for Initial 

Charge of Equipment for Subsectors in 

the RACHP Sector Subsectors in the 

RACHP Sector 

4. Proposed Requirements for Servicing 

and/or Repair of Existing Equipment in 

the RACHP Sector Subsectors in the 

RACHP Sector 

E. How is EPA proposing to establish an 

HFC emissions reduction program for the 

fire suppression sector? 

1. Background 

2. Nomenclature Used in This Section 

3. Fire Suppression Background 

4. Minimizing Releases of HFCs 

a. Proposed Uquirements for Initial Charge 

of Equipment for Fire Suppression 

b. Proposed Requirements for Servicing 

and/or Repair of Existing Equipment for 

Fire Suppression 

c. Technician Training 

d. Recycling of HFCs Prior to Disposal of 

Fire Suppression Equipment Containing 

HFCs 

e. Recordkeeping and Reporting 

F. What is EPA proposing for cylinder 

requirements and for container tracking 

requirements? 

1. Background 

2. Requirements for Disposable Cylinders 

3. Container Tracking 

a. Container Tracking of Regulated 

Substances 

b. Container Tracking of Used Cylinders 

4. Small Cans of Refrigerant 

G. How is EPA proposing to establish 

RCRA refrigerant recycling alternative 

standards? 

1. Nomenclature Used in This Section 

2. Background 

3. Proposed Alternative RCRA Standards 

for Spent Ignitable Refrigerants Being 

Recycled for Reuse 

a. Scope of the Proposed RCRA Alternative 

Standards 

b. Proposed Requirements for the RCRA 

Alternative Standards 

4. Very Small Quantity Generator Wastes 

5. RCRA Regulation of Exports and Imports 

of Ignitable Spent Refrigerants 

6. Applicability of Proposed Alternative 

Standard in RCRA-Authorized States 

7. Effect on State Authorization 

H. MVAC Servicing and Reprocessed 

Material 

V. How is EPA proposing to treat data 

reported under this rule? 

A. Background on Determinations of 

Whether Information Is Entitled To 

Treatment as Confidential Information 

1. Confidential Treatment of Reported 

Information 

2. Emissions Data Under Section 114 of the 

Clean Air Act 

B. Data Elements Reported to EPA Under 

the Leak Repair Provisions 

C. Data Elements Related to the Generation 

of Machine-Readable Tracking Identifiers 

and the Tracking of HFCs 

D. Data Elements Related to Fire 

Suppression 

VI. What are the costs and benefits of this 

proposed action? 

A. Background 

B. Estimated Costs and Benefits of Leak 

Repair and ALD Provisions 


lotter on DSK11XQN23PROD with PROPOSALS2
72218 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

1The terms ‘‘reclaim’’ and ‘‘recycle’’ have 

different regulatory purposes and definitions under 

RCRA than under the CAA and the AIM Act. Under 

RCRA, a material is ‘‘reclaimed’’ if it is processed 

to recover a usable product, or if it is regenerated. 

Examples are recovery of lead values from spent 

batteries and regeneration of spent solvents (See 40 

CFR 261.1(c)(4)). Reclamation is one of the four 

types of ‘‘recycling’’ identified in 40 CFR 261.2(c) 

that can involve management of a solid waste under 

RCRA. 

2ASHRAE Standard 34–2022 assigns a safety 

group classification for each refrigerant which 

consists of two alphanumeric characters (e.g., A2 or 

B1). The capital letter indicates the toxicity class 

(‘‘A’’ for lower toxicity) and the numeral denotes 

the flammability. ASHRAE recognizes three 

classifications and one subclass for refrigerant 

flammability. The three main flammability 

classifications are Class 1, for refrigerants that do 

not propagate a flame when tested as per the 

ASHRAE 34 standard, ‘‘Designation and Safety 

Classification of Refrigerants;’’ Class 2, for 

refrigerants of lower flammability; and Class 3, for 

highly flammable refrigerants, such as the 

hydrocarbon refrigerants. ASHRAE recently 

updated the safety classification matrix to include 

a new flammability subclass 2L, for flammability 

Class 2 refrigerants that burn very slowly. 

C. Summary of Estimated Costs and 

Benefits of All Rule Provisions 

VII. How is EPA considering environmental 

justice? 

VIII. Request for Advance Comment on 

Approaches for Establishing 

Requirements for Technician Training 

IX. Statutory and Executive Order Review 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

B. Paperwork Reduction Act (PRA) 

C. Regulatory Flexibility Act (RFA) 

D. Unfunded Mandates Reform Act 

(UMRA) 

E. Executive Order 13132: Federalism 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

J. Executive Order 12898: Federal Actions 

To Address Environmental Justice in 

Minority Populations and Low-Income 

Populations and Executive Order 14096: 

Revitalizing our Nation’s Commitment to 

Environmental Justice for All 

I. Executive Summary 

A. What is the purpose of this proposed 

regulatory action? 

The Environmental Protection Agency 

(EPA) is proposing regulations that 

would implement certain provisions of 

the American Innovation and 

Manufacturing Act of 2020, codified at 

42 U.S.C. 7675 (AIM Act or the Act). 

The AIM Act authorizes EPA to address 

hydrofluorocarbons (HFCs) in three 

main ways: phasing down HFC 

production and consumption through 

an allowance allocation program; 

facilitating the transition to nextgeneration technologies by restricting 

use of these HFCs in the sector or 

subsectors in which they are used; and 

promulgating certain regulations for 

purposes of maximizing reclaiming and 

minimizing releases of HFCs from 

equipment and ensuring the safety of 

technicians and consumers. This 

proposal focuses on the third area— 

establishing certain regulations for HFCs 

and their substitutes for the purposes of 

maximizing reclaiming and minimizing 

releases of HFCs from equipment and 

ensuring the safety of technicians and 

consumers. 

More specifically, subsection (h) of 

the AIM Act, entitled ‘‘Management of 

regulated substances,’’ directs EPA to 

promulgate regulations to control, 

where appropriate, any practice, 

process, or activity regarding the 

servicing, repair, disposal, or 

installation of equipment that involves: 

a regulated substance (used 

interchangeably with ‘‘HFCs’’ in this 

proposed rulemaking), a substitute for a 

regulated substance, the reclaiming of a 

regulated substance used as a 

refrigerant, or the reclaiming of a 

substitute for a regulated substance used 

as a refrigerant. 

This proposed rulemaking addresses 

how EPA intends to start implementing 

the provisions of subsection (h), 

including its authority to issue 

regulations to control such practices, 

processes, and activities, particularly as 

related to the management, use, and 

reuse of HFCs and substitutes in 

equipment. Further, this action 

proposes provisions to support 

implementation of, compliance with, 

and enforcement of requirements under 

subsection (h) of the AIM Act. 

Additionally, EPA is proposing 

alternative Resource Conservation and 

Recovery Act (RCRA) standards for 

certain spent ignitable refrigerants being 

recycled for reuse, as that term is 

proposed to be used under RCRA.1

These proposed standards would 

involve regulatory changes to 40 CFR 

parts 261–271 and not be part of the 

regulations under subsection (h)(1) of 

the AIM Act. 

B. What is the summary of this proposed 

regulatory action? 

This section of the preamble describes 

a summary of the proposed provisions 

of this rulemaking, which are described 

in more detail in the relevant sections 

of this proposal. 

Management of regulated substances. 

EPA is proposing to establish a program 

for the management of HFCs that 

includes requirements with compliance 

dates ranging between 60 days after 

publication of the final rule to January 

1, 2028, for: 

• Leak repair of appliances 

containing HFCs and/or certain 

substitutes for HFCs (whether the 

appliance uses the HFC or substitute for 

an HFC neat or in a blend with other 

substances). The leak repair 

requirements would apply to appliances 

containing 15 pounds or more of a 

refrigerant that contains an HFC or 

contains a substitute for an HFC with a 

global warming potential (GWP) above 

53 with specific exceptions; 

• Use of automatic leak detection 

(ALD) systems for certain new and 

existing appliances containing 1,500 

pounds or more of a refrigerant that 

contains an HFC or a substitute for an 

HFC with a GWP above 53; 

• A proposed reclamation standard; 

• The use of reclaimed HFCs in 

certain refrigeration, air conditioning, 

and heat pump (RACHP) sectors or 

subsectors and applications for the 

initial charge or installation of 

equipment and servicing and/or repair 

of existing equipment and the use of 

recycled HFCs in the initial charge or 

servicing and/or repair of fire 

suppression equipment; 

• The servicing, repair, disposal, or 

installation of fire suppression 

equipment that contains HFCs, with the 

purpose of minimizing the release of 

HFCs from that equipment, as well as 

requirements related to technician 

training in the fire suppression sector; 

• Recovery of HFCs from disposable 

cylinders prior to disposal; 

• Container tracking for HFCs that 

could be used in the servicing, repair, 

and/or installation of refrigerantcontaining or fire suppression 

equipment; and 

• Recordkeeping, reporting, and 

labeling. 

Amendments to Resource 

Conservation and Recovery Act (RCRA) 

hazardous waste regulations. EPA is 

proposing alternative standards for 

spent ignitable refrigerants when 

recycled for reuse, as that term is 

proposed to be used under RCRA. EPA 

is proposing that the 40 CFR part 266 

Subpart Q RCRA alternative standards 

would apply to HFCs and other 

substitutes that do not belong to 

flammability Class 3 as classified by the 

American Society of Heating, 

Refrigerating and Air-Conditioning 

Engineers (ASHRAE) Standard 34– 

2022.2 EPA is proposing to limit the 

alternative standards to lower 

flammability substitutes (Class 1, 2, and 


lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 72219 

3The GHGRP requires reporting of greenhouse 

gas (GHG) data and other relevant information from 

large GHG emission sources, fuel and industrial gas 

suppliers, and carbon dioxide (CO2) injection sites 

in the United States. The program generally 

requires reporting when emissions from covered 

sources are greater than 25,000 metric tons of CO2e 

per year. Publicly available information includes 

facility names, addresses, and latitude/longitude 

information. 

4EPA recently finalized two separate rulemakings 

to update the regulations established in the HFC 

Allocation Framework Rule. The first rule, 

‘‘Phasedown of Hydrofluorocarbons: Allowance 

Allocation Methodology for 2024 and Later Years,’’ 

established the methodology for allocating HFC 

production and consumption allowances starting 

with calendar year 2024 allowances and adjusted 

the consumption baseline downward by less than 

0.5% to reflect corrected data, among other changes 

(88 FR 46836, July 20, 2023). The second, 

‘‘Phasedown of Hydrofluorocarbons: Adjustment to 

the Hydrofluorocarbon Baseline,’’ amended the 

production baseline downward by 0.005% to reflect 

corrected data (88 FR 44220, July 12, 2023). 

5U.S. Environmental Protection Agency (EPA). 

2023. EPA’s Vintaging Model representing the 

Allocation Framework Rule as modified by the 2024 

Allocation Rule RIA addendum. VM IO file_v4.4_

02.04.16_2024 Allocation Rule. 

2L) because of the lower risk of fire from 

the collection and recycling for reuse of 

these refrigerants, and the greater 

market value of these refrigerants, 

which supports the conclusion that 

these spent refrigerants will be recycled 

for reuse and not stockpiled, 

mismanaged, or abandoned. 

Enforcement and compliance. To 

support compliance with the proposed 

requirements, EPA is proposing 

labeling, reporting, and recordkeeping 

requirements as described in this action. 

EPA is also requiring reporting and 

recordkeeping for the reduction of HFC 

emissions for the fire suppression 

sector. The Agency is proposing to use 

the same reporting platform used in 

prior AIM Act rules and the Greenhouse 

Gas Reporting Program (GHGRP).3

Additionally, EPA requests advance 

comment on approaches for establishing 

requirements for RACHP technician 

training and/or certification. 

Specifically, EPA is seeking advance 

comment on whether, through a 

separate rulemaking, EPA should 

propose to establish training and/or 

service requirements for technicians 

under subsection (h), in particular, for 

flammable refrigerants. And, if so, how 

such a training program might be 

managed. 

The Agency is not proposing any 

regulatory requirements under 

subsection (h) for HFCs and substitutes 

for HFCs used in applications besides 

RACHP and fire suppression sectors at 

this time. However, the Agency will 

continue to monitor the use and 

emissions of HFCs more generally and 

such information may inform future 

rulemakings under subsection (h). 

C. What is the summary of the costs and 

benefits? 

EPA is providing information on the 

costs and benefits for the provisions 

related to managing regulated 

substances and their substitutes in this 

proposed rule. The analyses, presented 

in the Analysis of the Economic Impact 

and Benefits of the Proposed Rule 

technical support document (TSD) and 

in a regulatory impact analysis (RIA) 

addendum to the Allocation Framework 

Rule RIA, are contained in the docket to 

this proposed rule and are intended to 

provide the public with information on 

the relevant costs and benefits of this 

action, if finalized as proposed, and to 

comply with executive orders. EPA 

notes that the costs and benefits 

associated with the management of 

regulated substances and their 

substitutes under the AIM Act are 

described and calculated separately 

from those associated with the proposed 

amendments to the RCRA hazardous 

waste regulations. These analyses—as 

summarized below—highlight economic 

cost and benefits, including benefits 

from leak repair and emissions 

reductions. 

Given that the provisions EPA is 

proposing concern HFCs, which are 

subject to the phasedown of production 

and consumption under the AIM Act, 

EPA relied on its previous estimates of 

the impacts of already finalized AIM 

Act rules as a starting point for the 

assessment of costs and benefits of this 

rule. Specifically, the Allocation 

Framework Rule, ‘‘Phasedown of 

Hydrofluorocarbons: Establishing the 

Allowance Allocation and Trading 

Program Under the American 

Innovation and Manufacturing Act’’ (86 

FR 55116, October 5, 2021) and the 2024 

Allocation Rule, ‘‘Phasedown of 

Hydrofluorocarbons: Allowance 

Allocation Methodology for 2024 and 

Later Years’’ (88 FR 46836, July 20, 

2023) 4 are assumed as a baseline for 

this proposed rule. In this way, EPA 

analyzed the potential incremental 

impacts of the proposed rule, attributing 

benefits only insofar as they are 

additional to those already assessed in 

the Allocation Framework Rule RIA and 

the 2024 Allocation Rule RIA 

addendum (collectively referred to as 

‘‘Allocation Rules’’ in this discussion). 

For example, a mitigation option in the 

marginal abatement cost (MAC) analysis 

for the Allocation Rules assumed a 

reduction in refrigerant leaks; all costs 

and benefits calculated for this rule are 

for leak reductions over and above those 

assumed in the previous analysis. 

As detailed in the RIA addendum, the 

number, charge sizes, leak rates, and 

other characteristics of potentially 

affected RACHP equipment were 

estimated using EPA’s Vintaging 

Model.5 The leak repair and ALD 

system provisions proposed are 

assumed to lead leaking systems to be 

repaired earlier than they otherwise 

would have, leading to reduced 

emissions of HFCs. Provisions requiring 

the use of reclaimed refrigerant, 

requirements for the fire suppression 

sector, and provisions related to the 

handling of disposable cylinders are 

further estimated to result in 

incremental reductions in HFC 

emissions. These reductions in HFC 

emissions result in climate benefits due 

to reduced climate forcing as calculated 

by multiplying avoided emissions by 

the social cost of each HFC (SC–HFCs). 

In the years 2025–2050, the proposed 

rule provisions would prevent an 

estimated 142 million metric tons of 

CO2 equivalent (MMTCO2e) in HFC 

emissions, and the present value of 

economic benefit of avoiding the 

damages associated with those 

emissions is estimated at $9.8 billion (in 

2022 dollars, discounted to 2024 using 

a three percent discount rate). The 

annual benefits are estimated to 

decrease over time due to the HFC 

phasedown and the transition out of the 

higher-GWP HFCs, lowering the average 

GWP of later emissions. For example, it 

is estimated that the leak repair and 

ALD system provisions would prevent 

3.8 MMTCO2e of HFC emissions in 2030 

and 2.8 MMTCO2e in the year 2040. 

Reducing HFC emissions due to fixing 

leaks earlier would also be anticipated 

to lead to savings for some system 

owner/operators, as less new refrigerant 

would need to be purchased to replace 

leaked refrigerant. In 2025, it is 

estimated that the proposed leak repair 

and ALD provisions would lead to 

savings of $13 million (2022$). EPA 

acknowledges that these savings would 

not completely offset leak repair 

compliance costs and may not accrue 

uniformly to all regulated entities, and 

EPA requests comment on this estimate. 

Further, while these provisions have 

been estimated to result in savings, EPA 

understands that entities that would be 

affected by these proposed regulations 

might not perform the practices, 

processes, or activities that would result 

in cost savings absent regulation. When 

entities are reviewing their own 

economic analyses, some factors may be 

pertinent that make new technologies or 

economically favorable best practices 

less attractive than existing practices, or 

some market failure may exist that acts 

as a barrier to businesses’ adoption of 


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72220 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

6 Klemick, Heather & Kopits, Elizabeth & 

Wolverton, Ann. ‘‘Potential Barriers to Improving 

Energy Efficiency in Commercial Buildings: The Case of Supermarket Refrigeration.’’ Journal of 

Benefit-Cost Analysis. 8, 2017, pp. 1–31. 

the most profitable course.6 For 

example, market failures may exist 

where there are imperfect information 

or split incentives; such as decisionmakers not knowing the percentage of 

energy use associated with refrigeration 

or the costs of replacing refrigerant lost 

from leaking appliances. 

The compliance costs of the proposed 

rule include recordkeeping and 

reporting costs, the costs of purchasing 

and operating ALD systems, costs of 

required inspections, the cost of 

repairing leaks earlier than would have 

been necessary without the proposed 

provisions, and the cost of proposed 

disposable cylinder management 

requirements. In the years 2025–2050, 

these provisions would result in 

compliance costs (inclusive of 

refrigerant savings) with a present value 

estimated at $3.7 billion in 2022 dollars 

at a 3 percent discount rate or $2.4 

billion at a 7 percent discount rate. 

Taking into account both benefits and 

compliance costs over the 2025–2050 

time period, it is estimated that the 

proposed rule would result in present 

value net benefit (benefits minus 

compliance costs), of $6.1 billion (with 

compliance costs discounted at three 

percent) to $7.4 billion (with 

compliance costs discounted at seven 

percent). 

As detailed in the draft RIA 

addendum, these values represent a 

conservative estimate of potential 

incremental benefits and assume 

potential HFC consumption- and 

emissions-reducing activities required 

by some of the proposed rule’s 

provisions could be offset to the extent 

that available consumption and 

production allowances are shifted to 

meet demand in subsectors not covered 

by the proposed rule. Given the inherent 

uncertainty of future industry behavior, 

in the draft RIA addendum EPA has also 

provided estimates under an additional 

scenario in which these offsetting effects 

to not occur and additional incremental 

benefits accrue. 

Some of the information regarding 

projected impacts of certain aspects of 

the proposal was considered by EPA as 

it developed this proposed rule. To the 

extent that EPA has considered such 

information it is compiled in the 

Analysis of the Economic Impact and 

Benefits of the Proposed Rule draft TSD, 

which is in the docket for this 

rulemaking. 

Although EPA is using SC–HFCs for 

purposes of some of the analysis in the 

RIA addendum, this proposed action 

does not rely on those estimates of these 

costs as a record basis for the Agency 

action, and EPA would reach the 

proposed conclusions even in the 

absence of the social costs of HFCs. 

Additional information on these 

analyses can be found in section VI. of 

this document, as well as the RIA 

addendum and the Analysis of the 

Economic Impact and Benefits of the 

Proposed Rule draft TSD, which is in 

the docket for this rulemaking. 

II. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this rule if you own, operate, service, 

repair, recycle, dispose, or install 

equipment containing HFCs or their 

substitutes, as well as if you recover, 

recycle, or reclaim HFCs or their 

substitutes. You may also be potentially 

affected if you manufacture or sell 

equipment containing HFCs or their 

substitutes. Potentially affected 

categories, by North American Industry 

Classification System (NAICS) code, are 

included in Table 1. 

TABLE 1—NAICS CLASSIFICATION OF POTENTIALLY AFFECTED ENTITIES

NAICS code NAICS industry description 

236118 .............. Residential Remodelers. 

236220 .............. Commercial and Institutional Building Construction. 

238220 .............. Plumbing, Heating, and Air–Conditioning Contractors. 

238990 .............. All Other Specialty Trade Contractors. 

311812 .............. Commercial Bakeries. 

321999 .............. All Other Miscellaneous Wood Product Manufacturing. 

322299 .............. All Other Converted Paper Product Manufacturing. 

324191 .............. Petroleum Lubricating Oil and Grease Manufacturing. 

324199 .............. All Other Petroleum and Coal Products Manufacturing. 

325199 .............. All Other Basic Organic Chemical Manufacturing. 

325211 .............. Plastics Material and Resin Manufacturing. 

325412 .............. Pharmaceutical Preparation Manufacturing. 

325414 .............. Biological Product (except Diagnostic) Manufacturing. 

325998 .............. All Other Miscellaneous Chemical Product and Preparation Manufacturing. 

326299 .............. All Other Rubber Product Manufacturing. 

327999 .............. All Other Miscellaneous Nonmetallic Mineral Product Manufacturing. 

332812 .............. Metal Coating, Engraving (except Jewelry and Silverware), and Allied Services to Manufacturers. 

332999 .............. All Other Miscellaneous Fabricated Metal Product Manufacturing. 

333415 .............. Air–Conditioning and Warm Air Heating Equipment and Commercial and Industrial Refrigeration Equipment Manufacturing. 

333511 .............. Industrial Mold Manufacturing. 

333912 .............. Air and Gas Compressor Manufacturing. 

333999 .............. All Other Miscellaneous General Purpose Machinery Manufacturing. 

334413 .............. Semiconductor and Related Device Manufacturing. 

334419 .............. Other Electronic Component Manufacturing. 

334516 .............. Analytical Laboratory Instrument Manufacturing. 

335220 .............. Major Household Appliance Manufacturing. 

336120 .............. Heavy Duty Truck Manufacturing. 

336212 .............. Truck Trailer Manufacturing. 

336214 .............. Travel Trailer and Camper Manufacturing. 

3363 .................. Motor Vehicle Parts Manufacturing. 

3364 .................. Aerospace Product and Parts Manufacturing. 

336411 .............. Aircraft Manufacturing. 

336611 .............. Ship Building and Repairing. 


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TABLE 1—NAICS CLASSIFICATION OF POTENTIALLY AFFECTED ENTITIES—Continued 

NAICS code NAICS industry description 

336612 .............. Boat Building. 

339112 .............. Surgical and Medical Instrument Manufacturing. 

339113 .............. Surgical Appliance and Supplies Manufacturing. 

339999 .............. All Other Miscellaneous Manufacturing. 

423120 .............. Motor Vehicle Supplies and New Parts Merchant Wholesalers. 

423450 .............. Medical, Dental, and Hospital Equipment and Supplies Merchant Wholesalers. 

423610 .............. Electrical Apparatus and Equipment, Wiring Supplies, and Related Equipment Merchant Wholesalers. 

423620 .............. Household Appliances, Electric Housewares, and Consumer Electronics Merchant Wholesalers. 

423690 .............. Other Electronic Parts and Equipment Merchant Wholesalers. 

423720 .............. Plumbing and Heating Equipment and Supplies (Hydronics) Merchant Wholesalers. 

423730 .............. Warm Air Heating and Air–Conditioning Equipment and Supplies Merchant Wholesalers. 

423740 .............. Refrigeration Equipment and Supplies Merchant Wholesalers. 

423830 .............. Industrial Machinery and Equipment Merchant Wholesalers. 

423840 .............. Industrial Supplies Merchant Wholesalers. 

423850 .............. Service Establishment Equipment and Supplies Merchant Wholesalers. 

423860 .............. Transportation Equipment and Supplies (except Motor Vehicle) Merchant Wholesalers. 

423990 .............. Other Miscellaneous Durable Goods Merchant Wholesalers. 

424690 .............. Other Chemical and Allied Products Merchant Wholesalers. 

424820 .............. Wine and Distilled Alcoholic Beverage Merchant Wholesalers. 

441310 .............. Automotive Parts and Accessories Stores. 

443141 .............. Household Appliance Stores. 

444190 .............. Other Building Material Dealers. 

445110 .............. Supermarkets and Other Grocery (except Convenience) Stores. 

445131 .............. Convenience Retailers. 

445298 .............. All Other Specialty Food Retailers. 

446191 .............. Food (Health) Supplement Stores. 

449210 .............. Electronics and Appliance Retailers. 

452311 .............. Warehouse Clubs and Supercenters. 

453998 .............. All Other Miscellaneous Store Retailers (except Tobacco Stores). 

45711 ................ Gasoline Stations With Convenience Stores. 

481111 .............. Scheduled Passenger Air Transportation. 

488510 .............. Freight Transportation Arrangement. 

493110 .............. General Warehousing and Storage. 

531120 .............. Lessors of Nonresidential Buildings (except Mini warehouses). 

541330 .............. Engineering Services. 

541380 .............. Testing Laboratories. 

541512 .............. Computer Systems Design Services. 

541519 .............. Other Computer Related Services. 

541620 .............. Environmental Consulting Services. 

561210 .............. Facilities Support Services. 

561910 .............. Packaging and Labeling Services. 

561990 .............. All Other Support Services. 

562111 .............. Solid Waste Collection. 

562211 .............. Hazardous Waste Treatment and Disposal. 

562920 .............. Materials Recovery Facilities. 

621498 .............. All Other Outpatient Care Centers. 

621999 .............. All Other Miscellaneous Ambulatory Health Care Services. 

72111 ................ Hotels (Except Casino Hotels) and Motels. 

72112 ................ Casino Hotels. 

72241 ................ Drinking Places (Alcoholic Beverages). 

722511 .............. Full-service Restaurants. 

722513 .............. Limited-Service Restaurants. 

722514 .............. Cafeterias, Grill Buffets, and Buffets. 

722515 .............. Snack and Nonalcoholic Beverage Bars. 

81119 ................ Other Automotive Repair and Maintenance. 

811219 .............. Other Electronic and Precision Equipment Repair and Maintenance. 

811412 .............. Appliance Repair and Maintenance. 

922160 .............. Fire Protection. 

This table is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

regulated by this action. This table lists 

the types of entities that EPA expects 

could potentially be regulated by this 

action. Other types of entities not listed 

in the table could also be regulated. To 

determine whether your entity may be 

regulated by this action, you should 

carefully examine the proposed 

regulatory text at the end of this 

document. If you have questions 

regarding the applicability of this action 

to a particular entity, consult the people 

listed in the FOR FURTHER INFORMATION

CONTACT section. 

B. What is EPA’s authority for taking 

this action? 

On December 27, 2020, the AIM Act 

was enacted as section 103 in Division 

S, Innovation for the Environment, of 

the Consolidated Appropriations Act, 

2021 (42 U.S.C. 7675). In subsection 

(k)(1)(A), the AIM Act provides EPA 

with the authority to promulgate 


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7EPA views ‘‘reclaim,’’ ‘‘reclaiming,’’ and 

‘‘reclamation’’ as interchangeable terms. 

8As noted previously in this action, ‘‘regulated 

substance’’ and ‘‘HFC’’ are used interchangeably in 

this action. 

9EPA has determined that the exchange values 

included in subsection (c) of the AIM Act are 

identical to the global warming potentials (GWPs) 

included in the Intergovernmental Panel on Climate 

Change (IPCC) (2007). EPA uses the terms ‘‘global 

warming potential’’ and ‘‘exchange value’’ 

interchangeably in this proposal. 

10 IPCC (2007): Solomon, S., D. Qin, M. Manning, 

R.B. Alley, T. Berntsen, N.L. Bindoff, Z. Chen, A. 

Chidthaisong, J.M. Gregory, G.C. Hegerl, M. 

Heimann, B. Hewitson, B.J. Hoskins, F. Joos, J. 

Jouzel, V. Kattsov, U. Lohmann, T. Matsuno, M. 

Molina, N. Nicholls, J. Overpeck, G. Raga, V. 

Ramaswamy, J. Ren, M. Rusticucci, R. Somerville, 

T.F. Stocker, P. Whetton, R.A. Wood and D. Wratt, 

2007: Technical Summary. In: Climate Change 

2007: The Physical Science Basis. Contribution of 

Working Group I to the Fourth Assessment Report 

of the Intergovernmental Panel on Climate Change 

[Solomon, S., D. Qin, M. Manning, Z. Chen, M. 

Marquis, K.B. Averyt, M. Tignor and H.L. Miller 

(eds.)]. Cambridge University Press, Cambridge, 

United Kingdom and New York, NY, USA https:// 

www.ipcc.ch/report/ar4/wg1. 

11 In affirming this aspect of the HFC Allocation 

Framework Rule, the D.C. Circuit held that ‘‘EPA 

has statutory authority to regulate HFCs within 

blends . . . because an HFC within a blend remains 

a regulated HFC under the Act.’’ Heating, Air 

Conditioning & Refrigeration Distributors Int’l v. 

EPA, 71 F.4th 59, 64 (D.C. Cir. 2023). 

necessary regulations to carry out EPA’s 

functions under the Act, including its 

obligations to ensure that the Act’s 

requirements are satisfied (42 U.S.C. 

7675(k)(1)(A)). Subsection (k)(1)(C) of 

the Act also provides that Clean Air Act 

(CAA) sections 113, 114, 304, and 307 

apply to the AIM Act and any 

regulations EPA promulgates under the 

AIM Act as though the AIM Act were 

part of CAA Title VI (42 U.S.C. 

7675(k)(1)(C)). Accordingly, this 

rulemaking is subject to CAA section 

307(d) (see 42 U.S.C. 7607(d)(1)(I)) 

(CAA section 307(d) applies to 

‘‘promulgation or revision of regulations 

under subchapter VI of this chapter 

(relating to stratosphere and ozone 

protection)’’). 

The AIM Act authorizes EPA to 

address hydrofluorocarbons (HFCs) in 

three main ways: phasing down HFC 

production and consumption through 

an allowance allocation program; 

facilitating the transition to nextgeneration technologies by restricting 

use of these HFCs in the sector or 

subsectors in which they are used; and 

promulgating certain regulations for 

purposes of maximizing reclaiming and 

minimizing releases of HFCs from 

equipment and ensuring the safety of 

technicians and consumers. This 

proposal focuses on the third area— 

establishing certain regulations for HFCs 

and their substitutes for the purposes of 

maximizing reclaiming 7 and 

minimizing releases of HFCs from 

equipment and ensuring the safety of 

technicians and consumers. 

The identification of regulated 

substances is addressed under 

subsection (c) of the Act. The Act lists 

18 saturated HFCs, and by reference any 

of their isomers not so listed, that are 

covered by the statute’s provisions, 

referred to as ‘‘regulated substances’’ 8

under the Act (42 U.S.C. 7675(c)(1)). 

Congress also assigned an ‘‘exchange 

value’’ 9 10 to each regulated substance. 

EPA is also authorized to designate 

additional substances that meet certain 

criteria as regulated substances; for 

example, to be listed, the substance 

must be a saturated HFC that has an 

exchange value greater than 53 (which 

is also the lowest exchange value for a 

regulated substance listed in subsection 

(c)(1) of the Act) (42 U.S.C. 7675(c)(3)). 

The regulated substances addressed in 

this proposal may be used neat (i.e., as 

a single component substance) or in a 

blend with other substances, which may 

include other regulated substances and/ 

or substitutes for regulated substances. 

The requirements proposed in this 

rulemaking for regulated substances 

would apply regardless of whether the 

regulated substance is used neat or in 

blend. In taking this approach, EPA is 

not proposing that a blend that uses one 

or more regulated substances is itself a 

regulated substance. Rather, the Agency 

is proposing to regulate the regulated 

substance(s) used within a ‘‘blend of 

substances’’ (42 U.S.C. 7675(c)(3)(B)(ii)), 

such that the proposed requirements 

would also affect equipment that uses 

regulated substances in blends. This is 

consistent with approaches that the 

Agency has taken under the Allocation 

Framework Rule (86 FR 55133, 55142, 

October 5, 2021) and proposed for the 

Technology Transitions Rule (87 FR 

76744, 76753, December 15, 2022).11

Furthermore, subsection (h)(1) requires 

EPA to promulgate regulations 

addressing certain practices, processes, 

or activities involving, among other 

things, a regulated substance or a 

substitute for a regulated substance (see 

42 U.S.C. 7675(h)(1)(A)–(B)). Consistent 

with those provisions, regulatory 

requirements under subsection (h) may 

also apply with respect to substitutes for 

regulated substances, regardless of 

whether the substitute is used neat or in 

a blend. In taking this approach for 

substitutes for a regulated substance, 

EPA is not proposing that a blend that 

uses one or more such substitutes that 

are so regulated would be designated a 

regulated substance under subsection (c) 

of the Act, nor that the substitute would 

be so designated. Rather, such 

substitutes would simply be addressed, 

as appropriate, under the regulations 

implementing subsection (h). 

Subsection (h) of the AIM Act is 

entitled ‘‘Management of regulated 

substances.’’ For purposes of 

maximizing reclaiming and minimizing 

releases of HFCs from equipment and 

ensuring the safety of technicians and 

consumers, subsection (h)(1) directs 

EPA to promulgate regulations to 

control, where appropriate, any 

practice, process, or activity regarding 

the servicing, repair, disposal, or 

installation of equipment that involves: 

a regulated substance, a substitute for a 

regulated substance, the reclaiming of a 

regulated substance used as a 

refrigerant, or the reclaiming of a 

substitute for a regulated substance used 

as a refrigerant (42 U.S.C. 7675(h)(1)). 

Subsection (h)(1) further provides that 

this includes requiring, where 

appropriate, that any such servicing, 

repair, disposal, or installation be 

performed by a trained technician 

meeting minimum standards, as 

determined by EPA. 

Under subsection (h)(2)(A) of the AIM 

Act, the Agency ‘‘shall consider the use 

of authority available . . . under this 

section to increase opportunities for the 

reclaiming of regulated substances used 

as refrigerants.’’ Subsection (h)(2)(B) of 

the Act further provides that a 

‘‘regulated substance used as a 

refrigerant that is recovered shall be 

reclaimed before the regulated 

substance is sold or transferred to a new 

owner, except where the recovered 

regulated substance is sold or 

transferred to a new owner solely for the 

purposes of being reclaimed or 

destroyed.’’ 

Further, subsection (h)(3) provides 

that in promulgating regulations to carry 

out subsection (h), EPA may coordinate 

those regulations with ‘‘any other 

regulations promulgated by the [EPA] 

that involve—(A) the same or a similar 

practice, process, or activity regarding 

the servicing, repair, disposal, or 

installation of equipment; or (B) 

reclaiming.’’ EPA interprets this 

provision of the AIM Act as leaving the 

Agency discretion as to whether or not 

to coordinate regulations under 

subsection (h) with other EPA 

regulations, as well as with discretion to 

consider the particular circumstances in 

which it is appropriate to undertake 

such coordination. Congress did not 

define the term ‘‘coordinate’’ in the AIM 

Act. EPA interprets the term, as used in 

this context, as encompassing a variety 

of forms of coordination that could 

potentially be used for the specified 

types of regulatory provisions, and 

interprets (h)(3) as conveying discretion 


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to EPA to select the form or forms of 

coordination that are appropriate for the 

particular circumstances and regulatory 

provisions under consideration in a 

given action. 

In this proposal, EPA describes where 

and whether we are coordinating with 

regulations that involve the same or 

similar practices, processes, or activities 

regarding the servicing, repair, disposal, 

or installation of equipment or 

reclaiming, and our rationale on the 

appropriateness of coordinating with 

these regulations. For example, 

coordination could include establishing 

parallel requirements under subsection 

(h) as in another regulatory regime so 

that a similar practice, process, or 

activity in similar equipment is held to 

similar standards, where appropriate. It 

could also include deciding not to 

establish requirements under subsection 

(h) in certain situations, such as when 

an existing requirement already applies 

to a similar practice, process, or activity 

under another set of regulations that 

EPA views as adequate to also address 

the purposes of subsection (h). 

Coordination could also mean 

coordinating rulemaking schedules or 

timing for certain requirements under 

subsection (h) that cover a similar 

practice, process, or activity as covered 

in a previous regulation and would meet 

the purposes of subsection (h). Finally, 

coordination may also mean 

coordinating the requirements under 

subsection (h) with revisions to 

regulations under other statutory 

authorities that address related 

practices, processes, or activities, with 

the goal of developing independent 

regulatory regimes that operate well 

together to achieve their stated goals. 

Subsection (h)(4) expressly states that 

any rulemaking under subsection (h) 

shall not apply to a regulated substance 

or a substitute for a regulated substance 

that is contained in a foam. Thus, the 

requirements proposed in this 

rulemaking would not apply to 

regulated substances or substitutes for 

regulated substances when those 

substances are contained in foams. 

Finally, subsection (h)(5) provides 

that, subject to availability of 

appropriations, EPA shall establish a 

grant program to award small business 

grants for the purchase of new 

specialized equipment for the recycling, 

recovery, or reclamation of a substitute 

for a regulated substance, including the 

purchase of approved refrigerant 

recycling equipment for recycling, 

recovery, or reclamation in the service 

or repair of a motor vehicle air 

conditioner (MVAC) systems. Funds 

have not been appropriated for this 

grant program. The establishment of this 

program is outside the scope of this 

rulemaking and EPA intends to address 

it in a future action. 

Through this rulemaking, EPA is 

proposing to establish an HFC 

management program that includes 

requirements for: 

• Leak repair for certain equipment 

that contain HFC refrigerants or their 

substitutes, as applicable, 

• ALD systems, 

• Use of reclaimed HFCs in certain 

RACHP subsectors, 

• The fire suppression sector, 

• Recovery of HFCs from cylinders, 

and 

• Container tracking. 

Under subsection (h)(1), EPA is 

directed to promulgate certain 

regulations for ‘‘purposes of maximizing 

the reclaiming and minimizing the 

release of a regulated substance from 

equipment and ensuring the safety of 

technicians and consumers.’’ Subsection 

(h) further specifies that those 

regulations are to control, where 

appropriate, any practice, process, or 

activity regarding the servicing, repair, 

disposal, or installation of equipment 

that involves: a regulated substance, a 

substitute for a regulated substance, the 

reclaiming of a regulated substance used 

as a refrigerant, or the reclaiming of a 

substitute for a regulated substance used 

as a refrigerant. Together, the proposed 

provisions as outlined above in this 

section and explained in greater detail 

in the relevant sections of this NPRM 

are aimed at achieving those three 

purposes described in subsection (h)(1) 

(i.e., (1) maximizing the reclaiming, (2) 

minimizing the release of a regulated 

substance from equipment, and (3) 

ensuring the safety of technicians and 

consumers), while also being consistent 

with the scope of regulatory authority 

under that provision. As EPA interprets 

the statutory text, the suite of 

regulations established under 

subsection (h)(1) of the Act, taken 

together, would be focused on serving 

these purposes, though the individual 

regulatory provisions under subsection 

(h)(1) need not each connect to all three 

purposes. This interpretation is integral 

to establishing an effective regulatory 

program, as some regulatory provisions 

that might be considered under (h)(1) 

may be highly efficacious at addressing 

one of the regulatory purposes but not 

address the other two, or alternatively, 

may be important to support the 

functioning of the regulatory program as 

a whole, but not be focused on any of 

the specific purposes. Accordingly, this 

understanding of the statutory text will 

support EPA’s ability to develop 

regulations that work together to help 

achieve the statutory purposes. 

Together the provisions proposed in 

this action would serve the purposes 

described in (h)(1), with certain 

provisions more geared towards one or 

two of the purposes identified in 

subsection (h)(1). For example, the 

provisions related to leak repair as 

proposed in this action are directed at 

the purpose of minimizing the release of 

a regulated substance, but also help 

serve the purpose of maximizing the 

reclaiming of a regulated substance. 

Those proposed provisions would set 

requirements for when and how 

equipment must be serviced and leaks 

in equipment must be repaired. Taking 

these actions would minimize the 

release of regulated substances through 

such leaks, as the sooner a leak is found 

and repaired, the less HFC will be 

released from that leak. Further, by 

limiting the amount of regulated 

substances released from leaks in 

equipment, the opportunity to recover 

and subsequently reclaim these 

regulated substances increases. Thus, 

the proposed provisions related to leak 

repair also help serve the purpose of 

maximizing the reclaiming of regulated 

substances. 

Another example is the proposed 

provisions for the use of ALD systems 

which would help address the purposes 

articulated in subsection (h)(1) 

similarly. In general, ALD systems 

would alert an owner or operator of 

leaks in equipment sooner than 

discovering a leak due to decreased 

performance by the equipment. 

Identifying and repairing leaks sooner as 

a result of detecting the leak with an 

ALD system would further limit the 

amount of regulated substance released 

from the leak and maintain more of the 

regulated substance within the 

equipment, where it would be available 

for eventual recovery and reclamation. 

In addition to proposing requirements 

for the management of HFCs and 

substitutes, this proposal includes 

provisions designed to support 

enforcement and compliance, including 

recordkeeping and reporting. As noted 

earlier in this section, subsection 

(k)(1)(C) of the AIM Act states that CAA 

section 114 applies to the AIM Act and 

rules promulgated under it as if the AIM 

Act were included in CAA Title VI. 

Thus, CAA section 114, which provides 

authority to the EPA Administrator to 

require recordkeeping and reporting in 

carrying out provisions of the CAA, also 

applies to and supports this rulemaking. 

These provisions may be examples of 

provisions that are integral to 

establishing an effective regulatory 

program, and thus are important to the 

overall efficacy of the HFC management 

program at achieving the purposes 


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72224 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

12While the overwhelming majority of HFC 

production is intentional, EPA is aware that HFC– 

23 can be a byproduct associated with the 

production of other chemicals, including but not 

limited to hydrochlorofluorocarbon (HCFC)-22. 

13World Meteorological Organization (WMO), 

Scientific Assessment of Ozone Depletion: 2022, 

GAW Report No. 278, 509 pp., WMO, Geneva, 

Switzerland, 2022. Available at: https://

ozone.unep.org/system/files/documents/ScientificAssessment-of-Ozone-Depletion-2022.pdf. 

14 Ibid. 

15A recent study estimated that global 

compliance with the Kigali Amendment is expected 

to lower 2050 annual emissions by 3.0–4.4 Million 

Metric Tons of Carbon Dioxide Equivalent 

(MMTCO2e). Guus J.M. Velders et al. Projections of 

hydrofluorocarbon (HFC) emissions and the 

resulting global warming based on recent trends in 

observed abundances and current policies. Atmos. 

Chem. Phys., 22, 6087–6101, 2022. Available at: 

https://doi.org/10.5194/acp-22-6087-2022. 

16WMO, 2022. 

17Radiative forcing is expressed in units of watts 

per square meter (W/m2) and is defined by the IPCC 

as ‘‘a measure of the influence a factor has in 

altering the balance of incoming and outgoing 

energy in the Earth-atmosphere system and is an 

index of the importance of the factor as a potential 

climate change mechanism.’’ IPCC, 2007: Climate 

Change 2007: Synthesis Report. Contribution of 

Working Groups I, II and III to the Fourth 

Assessment Report of the Intergovernmental Panel 

on Climate Change [Core Writing Team, Pachauri, 

R.K and Reisinger, A. (eds.)]. IPCC, Geneva, 

Switzerland, 104 pp. https://www.ipcc.ch/report/ 

ar4/syr/. 

18 Guus J.M. Velders, David W. Fahey, John S. 

Daniel, Stephen O. Andersen, Mack McFarland, 

Future atmospheric abundances and climate 

forcings from scenarios of global and regional 

hydrofluorocarbon (HFCs) emissions, Atmospheric 

Environment, doi:10.1016/j.atmosenv.2015.10.071, 

2015. 

19 Ibid. 

20Calculations based on EPA’s Vintaging Model, 

which estimates the annual chemical emissions 

from industry sectors that historically used ODS, 

including refrigeration and air conditioning, foam 

blowing agents, solvents, aerosols, and fire 

suppression. The model uses information on the 

market size and growth for each end use, as well 

as a history and projections of the market transition 

from ODS to substitutes. The model tracks 

emissions of annual ‘‘vintages’’ of new equipment 

that enter into operation by incorporating 

information on estimates of the quantity of 

equipment or products sold, serviced, and retired 

or converted each year, and the quantity of the 

compound required to manufacture, charge, and/or 

maintain the equipment. Additional information on 

these estimates is available in U.S. EPA, April 2016. 

EPA Report EPA–430–R–16–002. Inventory of U.S. 

Greenhouse Gas Emissions and Sinks: 1990–2014. 

Available at: https://www.epa.gov/ghgemissions/ 

inventory-us-greenhouse-gas-emissions-and-sinks1990-2014. 

articulated in subsection (h)(1), even if 

they may be less directly connected to 

those purposes if viewed in isolation. 

In this action, we are also proposing 

alternative RCRA standards for spent 

ignitable refrigerants being recycled for 

reuse. These proposed standards would 

not be part of the regulations under 

subsection (h)(1) of the AIM Act. Rather, 

this would involve regulatory changes 

to 40 CFR parts 261–271, and those 

changes are proposed under the 

authority of sections 2002, 3001, 3002, 

3003, 3004, 3006, and 3010 of the Solid 

Waste Disposal Act of 1965, as amended 

by the Resource Conservation and 

Recovery Act of 1976 (RCRA), as 

amended by the Hazardous and Solid 

Waste Amendments of 1984 (HSWA). 

This statute is commonly referred to as 

‘‘RCRA.’’ 

III. Background 

A. What are HFCs? 

HFCs are anthropogenic 12 fluorinated 

chemicals that have no known natural 

sources. HFCs are used in a variety of 

applications such as refrigeration and 

air conditioning, foam blowing agents, 

solvents, aerosols, and fire suppression. 

HFCs are potent greenhouse gases 

(GHGs) with 100-year GWPs (a measure 

of the relative climatic impact of a GHG) 

that can be hundreds to thousands of 

times more potent than CO2. 

HFC use and emissions 13 have been 

growing worldwide due to the global 

phaseout of ozone-depleting substances 

(ODS) under the Montreal Protocol on 

Substances that Deplete the Ozone 

Layer (Montreal Protocol) and the 

increasing use of refrigeration and airconditioning equipment globally. HFC 

emissions had previously been 

projected to increase substantially over 

the next several decades. In 2016, in 

Kigali, Rwanda, countries agreed to 

adopt an amendment to the Montreal 

Protocol, known as the Kigali 

Amendment, which provides for a 

global phasedown of the production and 

consumption of HFCs. The United 

States ratified the Kigali Amendment on 

October 31, 2022. Global adherence to 

the Kigali Amendment would 

substantially reduce future emissions, 

leading to a peaking of HFC emissions 

before 2040.14 15

Atmospheric observations of most 

currently measured HFCs confirm their 

abundances are increasing at 

accelerating rates. Total emissions of 

HFCs increased by 19 percent from 2016 

to 2020 and the four most abundant 

HFCs in the atmosphere, in GWPweighted terms, are HFC–134a, HFC– 

125, HFC–23, and HFC–143a.16

In 2020, HFCs excluding HFC–23 

accounted for a radiative forcing 17 of 

0.037 W/m2. This is an increase of 

nearly a third in total HFC forcing 

relative to 2016. This radiative forcing 

was projected to increase by an order of 

magnitude to 0.25 W/m2 by 2050.18 Full 

implementation of the Kigali 

Amendment is expected to reduce the 

future radiative forcing due to HFCs 

(excluding HFC–23) to 0.13 W/m2 in 

2050, which is a reduction of about 50 

percent compared with the radiative 

forcing projected in the business-asusual scenario of uncontrolled HFCs.19

There are hundreds of possible HFC 

compounds. The 18 HFCs listed as 

regulated substances by the AIM Act are 

some of the most commonly used HFCs 

(neat and in blends) and have high 

impacts as measured by the quantity of 

each substance emitted multiplied by 

their respective GWPs. These 18 HFCs 

are all saturated, meaning they have 

only single bonds between their atoms 

and therefore have longer atmospheric 

lifetimes. 

In the United States, HFCs are used 

primarily in refrigeration and airconditioning equipment in homes, 

commercial buildings, and industrial 

operations (approximately 75 percent of 

total HFC use in 2018) and in air 

conditioning in vehicles and 

refrigerated transport (approximately 8 

percent). Smaller amounts are used in 

foam products (approximately 11 

percent), aerosols (approximately 4 

percent), fire protection systems 

(approximately 1 percent), and solvents 

(approximately 1 percent).20

EPA estimated in its final rule, 

Allocation Framework Rule (86 FR 

55116, October 5, 2021) as updated 

under the final rule, Allowance 

Allocation Methodology for 2024 and 

Later Years (‘‘2024 Allocation Rule’’) (88 

FR 46836; July 20, 2023), that phasing 

down HFC production and consumption 

according to the schedule provided in 

the AIM Act will avoid cumulative 

consumption of 3,156 million metric 

tons of exchange value equivalent 

(MMTEVe) of HFCs in the United States 

for the years 2022 through 2036. That 

estimate included both consumption as 

defined in 40 CFR 84.3—i.e., with 

respect to a regulated substance, bulk 

production plus bulk imports minus 

bulk exports—and, although not 

requiring AIM Act allowances, the 

amount in imported products 

containing a regulated substance, less 

the amount in exported products 

containing a regulated substance. 

Annual avoided consumption was 

estimated at 42 MMTCO2e in 2022 and 

282 MMTCO2e in 2036. In order to 

calculate the climate benefits associated 

with consumption abatement, the 

consumption changes were expressed in 

terms of emissions reductions. EPA 

estimated that for the years 2022–2050, 

the HFC phasedown will avoid 

emissions of 4,560 MMTCO2e of HFCs 

in the United States. The annual 

avoided emissions are estimated at 22 

MMTCO2e in the year 2022 and 171 

MMTCO2e in 2036. More information 


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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 72225 

21 In describing these 2009 Findings in this 

proposal, EPA is neither reopening nor revisiting 

them. 

22The CAA states in section 302(h) that ‘‘[a]ll 

language referring to effects on welfare includes, 

but is not limited to, effects on soils, water, crops, 

vegetation, manmade materials, animals, wildlife, 

weather, visibility, and climate, damage to and 

deterioration of property, and hazards to 

transportation, as well as effects on economic 

values and on personal comfort and well-being, 

whether caused by transformation, conversion, or 

combination with other air pollutants.’’ 42 U.S.C. 

7602(h). 

23 In describing these 2016 Findings in this 

proposal, EPA is neither reopening nor revisiting 

them. 

24An additional resource for indicators can be 

found at https://www.epa.gov/climate-indicators. 

25 IPCC, 2021: Summary for Policymakers. In: 

Climate Change 2021: The Physical Science Basis. 

Contribution of Working Group I to the Sixth 

Assessment Report of the Intergovernmental Panel 

on Climate Change [Masson-Delmotte, V., P. Zhai, 

A. Pirani, S.L. Connors, C. Pe ́an, S. Berger, N. 

Continued 

regarding these estimates is provided in 

the Allocation Framework Rule RIA and 

the RIA addendum for the 2024 

Allocation Rule, which can be found in 

the docket for this proposal. 

B. How do HFCs affect public health 

and welfare? 

Elevated concentrations of GHGs 

including HFCs are and have been 

warming the planet, leading to changes 

in the Earth’s climate including changes 

in the frequency and intensity of heat 

waves, precipitation, and extreme 

weather events; rising seas; and 

retreating snow and ice. The changes 

taking place in the atmosphere as a 

result of the well-documented buildup 

of GHGs due to human activities are 

changing the climate at a pace and scale 

that threatens human health, society, 

and the natural environment. In this 

section, EPA is providing some 

scientific background on climate change 

to offer additional context for this 

rulemaking and to help the public 

understand the environmental impacts 

of GHGs such as HFCs. 

Extensive additional information on 

climate change is available in the 

scientific assessments and the EPA 

documents that are briefly described in 

this section, as well as in the technical 

and scientific information supporting 

them. 

One of those documents is EPA’s 2009 

Endangerment and Cause or Contribute 

Findings for Greenhouse Gases Under 

section 202(a) of the CAA (74 FR 66496, 

December 15, 2009).21 In the 2009 

Endangerment Finding, the 

Administrator found under CAA section 

202(a) that elevated atmospheric 

concentrations of six key well-mixed 

GHGs—CO2, methane (CH4), nitrous 

oxide (N2O), HFCs, perfluorocarbons 

(PFCs), and sulfur hexafluoride (SF6)— 

‘‘may reasonably be anticipated to 

endanger the public health and welfare 

of current and future generations’’ (74 

FR 66523, December 15, 2009), and the 

science and observed changes have 

confirmed and strengthened the 

understanding and concerns regarding 

the climate risks considered in the 

Finding. The 2009 Endangerment 

Finding, together with the extensive 

scientific and technical evidence in the 

supporting record, documented that 

climate change caused by human 

emissions of GHGs (including HFCs) 

threatens the public health of the 

population of the United States. It 

explained that by raising average 

temperatures, climate change increases 

the likelihood of heat waves, which are 

associated with increased deaths and 

illnesses (74 FR 66497, December 15, 

2009). While climate change also likely 

reduces cold-related mortality, evidence 

indicates that the increases in heat 

mortality will be larger than the 

decreases in cold mortality in the 

United States (74 FR 66525, December 

15, 2009). The 2009 Endangerment 

Finding further explained that, 

compared with a future without climate 

change, climate change is expected to 

increase tropospheric ozone pollution 

over broad areas of the United States, 

including in the largest metropolitan 

areas with the worst tropospheric ozone 

problems, and thereby increase the risk 

of adverse effects on public health (74 

FR 66525, December 15, 2009). Climate 

change is also expected to cause more 

intense hurricanes and more frequent 

and intense storms of other types and 

heavy precipitation, with impacts on 

other areas of public health, such as the 

potential for increased deaths, injuries, 

infectious and waterborne diseases, and 

stress-related disorders (74 FR 66525, 

December 15, 2009). Climate change is 

also expected to cause more intense 

hurricanes and more frequent and 

intense storms of other types and heavy 

precipitation, with impacts on other 

areas of public health, such as the 

potential for increased deaths, injuries, 

infectious and waterborne diseases, and 

stress-related disorders (74 FR 66525, 

December 15, 2009). Children, the 

elderly, and the poor are among the 

most vulnerable to these climate-related 

health effects (74 FR 66498, December 

15, 2009). 

The 2009 Endangerment Finding also 

documented, together with the 

extensive scientific and technical 

evidence in the supporting record, that 

climate change touches nearly every 

aspect of public welfare 22 in the United 

States, including: changes in water 

supply and quality due to increased 

frequency of drought and extreme 

rainfall events; increased risk of storm 

surge and flooding in coastal areas and 

land loss due to inundation; increases in 

peak electricity demand and risks to 

electricity infrastructure; predominantly 

negative consequences for biodiversity 

and the provisioning of ecosystem goods 

and services; and the potential for 

significant agricultural disruptions and 

crop failures (though offset to some 

extent by carbon fertilization). These 

impacts are also global and may 

exacerbate problems outside the United 

States that raise humanitarian, trade, 

and national security issues for the 

United States (74 FR 66530, December 

15, 2009). 

In 2016, the Administrator similarly 

issued Endangerment and Cause or 

Contribute Findings for GHG emissions 

from aircraft under CAA section 

231(a)(2)(A)(81 FR 54422, August 15, 

2016).23 In the 2016 Endangerment 

Finding, the Administrator found that 

the body of scientific evidence amassed 

in the record for the 2009 Endangerment 

Finding compellingly supported a 

similar endangerment finding under 

CAA section 231(a)(2)(A) and also found 

that the science assessments released 

between the 2009 and the 2016 Findings 

‘‘strengthen and further support the 

judgment that GHGs in the atmosphere 

may reasonably be anticipated to 

endanger the public health and welfare 

of current and future generations’’ (81 

FR 54424, August 15, 2016). 

Since the 2016 Endangerment 

Finding, the climate has continued to 

change, with new records being set for 

several climate indicators such as global 

average surface temperatures, GHG 

concentrations, and sea level rise. 

Moreover, heavy precipitation events 

have increased in the Eastern U.S. while 

agricultural and ecological drought has 

increased in the Western U.S. along 

with more intense and larger 

wildfires.24 These and other trends are 

examples of the risks discussed in the 

2009 and 2016 Endangerment Findings 

that have already been experienced. 

Additionally, major scientific 

assessments continue to demonstrate 

advances in our understanding of the 

climate system and the impacts that 

GHGs have on public health and welfare 

both for current and future generations. 

According to the Intergovernmental 

Panel on Climate Change’s (IPCC) Sixth 

Assessment Report, ‘‘it is unequivocal 

that human influence has warmed the 

atmosphere, ocean and land. 

Widespread and rapid changes in the 

atmosphere, ocean, cryosphere and 

biosphere have occurred.’’ 25 These 


lotter on DSK11XQN23PROD with PROPOSALS2
72226 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

Caud, Y. Chen, L. Goldfarb, M.I. Gomis, M. Huang, 

K. Leitzell, E. Lonnoy, J.B.R. Matthews, T.K. 

Maycock, T. Waterfield, O. Yelekc ̧i, R. Yu and B. 

Zhou (eds.)]. Cambridge University Press. In Press: 

4. 

26USGCRP, 2018: Impacts, Risks, and Adaptation 

in the United States: Fourth National Climate 

Assessment, Volume II [Reidmiller, D.R., C.W. 

Avery, D.R. Easterling, K.E. Kunkel, K.L.M. Lewis, 

T.K. Maycock, and B.C. Stewart (eds.)]. U.S. Global 

Change Research Program, Washington, DC, USA, 

1515 pp. doi: 10.7930/NCA4.2018. Available at: 

https://nca2018.globalchange.gov. 

27 IPCC, 2021. 

28National Academies of Sciences, Engineering, 

and Medicine, 2019. Climate Change and 

Ecosystems. Washington, DC: The National 

Academies Press. Available at: https://doi.org/ 

10.17226/25504. 

29NOAA National Centers for Environmental 

Information, Monthly Global Climate Report for 

Annual 2022, published online January 2023, 

retrieved on March 1, 2023 from https://

www.ncei.noaa.gov/access/monitoring/monthlyreport/global/202213. 

30A class I or class II substance is an ozonedepleting substance (ODS) listed at 40 CFR part 82, 

subpart A, appendix A or appendix B, respectively. 

This document refers to class I and class II 

substances collectively as ozone-depleting 

substances, or ODS. 

31The term ‘‘ODS refrigerant’’ as used in this 

document refers to any refrigerant or refrigerant 

blend in which one or more of the components is 

a class I or class II substance. 

32The term ‘‘substitute’’ for the purposes of the 

regulations under section 608 of the CAA is defined 

at 40 CFR 82.152. 

33The only 40 CFR part 82, subpart F 

requirements that applied to substitute refrigerants 

prior to the 2016 CAA section 608 Rule were the 

venting prohibition and certain exemptions from 

that prohibition, as set forth in § 82.154(a). 

updated observations and projections 

document the rapid rate of current and 

future climate change both globally and 

in the United States.26 27 28 29. 

C. What refrigerant management 

programs has EPA already established 

under the Clean Air Act? 

EPA is developing regulations that are 

designed to establish a comprehensive 

HFC management program that 

maximizes the reclaiming and 

minimizes the release of HFCs while 

coordinating these efforts with other 

similar programs. EPA has an extensive 

history under CAA Title VI regulating 

the sectors in which HFCs and 

substitutes are typically used, including 

where they are used as refrigerants and 

for other purposes. For example, EPA 

has regulated stationary refrigeration 

applications under CAA section 608, 

MVACs under CAA section 609, and has 

evaluated alternative substances for 

refrigeration, air conditioning, and other 

uses under the Significant New 

Alternatives Policy (SNAP) program 

under CAA section 612. 

1. National Recycling and Emission 

Reduction Program (CAA Section 608) 

CAA section 608, titled ‘‘National 

Recycling and Emission Reduction 

Program,’’ has three main components. 

First, section 608(a) requires EPA to 

establish standards and requirements 

regarding the use and disposal of class 

I and class II substances.30 The second 

component, section 608(b), requires that 

the regulations issued pursuant to 

subsection (a) contain requirements for 

the safe disposal of class I and class II 

substances. The third component, 

section 608(c), prohibits the knowing 

venting, release, or disposal of ODS 

refrigerants 31 and their substitutes 32 in 

the course of maintaining, servicing, 

repairing, or disposing of appliances or 

industrial process refrigeration (IPR). 

EPA refers to this third component as 

the ‘‘venting prohibition.’’ Section 

608(c)(1) establishes the venting 

prohibition for ODS refrigerants 

effective July 1, 1992, and it includes an 

exemption from this prohibition for 

‘‘[d]e minimis releases associated with 

good faith attempts to recapture and 

recycle or safely dispose’’ any such 

substance. Section 608(c)(2) extends 

608(c)(1) to substitute refrigerants, 

effective November 15, 1995. Section 

608(c)(2) also includes a provision that 

allows the Administrator to exempt a 

substitute refrigerant from the venting 

prohibition if he or she determines that 

such venting, release, or disposal of a 

substitute refrigerant ‘‘does not pose a 

threat to the environment.’’ 

EPA first issued regulations under 

CAA section 608 on May 14, 1993 (58 

FR 28660, ‘‘1993 Rule’’), to establish the 

national refrigerant management 

program for ODS refrigerants recovered 

during the service, repair, or disposal of 

air conditioning and refrigeration 

appliances. Since then, EPA has revised 

these regulations, which are found at 40 

CFR part 82, subpart F (‘‘subpart F’’), 

through subsequent rulemakings 

published between 1994 and 2020. 

Regulations issued under CAA section 

608 include, among other things, the 

venting prohibition and sales 

restrictions for refrigerants (40 CFR 

82.154); safe disposal of appliances (40 

CFR 82.155); proper practices for the 

evacuation of refrigerant from 

appliances (40 CFR 82.156); required 

practices for appliance maintenance and 

leak repair (40 CFR 82.157); standards 

for recovery and/or recycling equipment 

(40 CFR 82.158); technician and 

reclaimer certification requirements (40 

CFR 82.161 and 82.164, respectively); 

and reporting and recordkeeping 

requirements (40 CFR 82.166). 

Appendices A–E at 40 CFR part 82, 

subpart F provide, among other things, 

specifications for refrigerants, 

performance standards for refrigerant 

recovery, recycling, and/or reclaiming 

equipment, and standards for becoming 

a certifying program for technicians. 

As it pertains to regulations under 

section 608 of the CAA, EPA is using 

the term ‘‘non-exempt substitute’’ in 

this document to refer to substitute 

refrigerants that have not been 

exempted from the venting prohibition 

under CAA section 608(c)(2) and 

§ 82.154(a) in the relevant end-use. 

Similarly, the term ‘‘exempt substitute’’ 

refers to a substitute refrigerant that has 

been exempted from the venting 

prohibition under section 608(c)(2) and 

§ 82.154(a) in the relevant end-use. A 

few exempt substitutes have been 

exempted from the venting prohibition 

in all applications. Notably, in 2016, 

EPA published a rule (81 FR 82272, 

November 18, 2016) updating existing 

refrigerant management requirements 

and extending the full set of the subpart 

F refrigerant management requirements, 

which prior to that rule applied only to 

ODS refrigerants,33 to non-exempt 

substitute refrigerants, such as HFCs 

and hydrofluoroolefins (HFOs). Among 

the subpart F requirements extended to 

non-exempt substitute refrigerants in 

the 2016 CAA section 608 Rule were 

provisions that restrict the servicing of 

appliances and the sale of refrigerant to 

certified technicians, specify the proper 

evacuation levels before opening an 

appliance, require the use of certified 

refrigerant recovery and/or recycling 

equipment, require that refrigerant be 

recovered from appliances prior to 

disposal, require that appliances have a 

servicing aperture or process stub to 

facilitate refrigerant recovery, require 

that refrigerant reclaimers be certified to 

reclaim and sell used refrigerant, and 

establish standards for technician 

certification programs, recovery 

equipment, and established technical 

standards for the purity of reclaimed 

refrigerant. The 2016 CAA section 608 

Rule also extended the appliance 

maintenance and leak repair provisions, 

currently codified at 40 CFR 82.157, to 

appliances that contain 50 or more 

pounds of non-exempt substitute 

refrigerant. The 2016 CAA section 608 

Rule additionally made numerous 

revisions to improve the efficacy of the 

refrigerant management program as a 

whole, such as revisions of regulatory 

provisions for increased clarity and 

readability, and removal of provisions 

that had become obsolete. 

EPA reviewed the 2016 CAA section 

608 Rule, focusing in particular on 

whether the Agency had the statutory 

authority to extend the full set of 


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34Ozone-depleting refrigerants and appliances 

that contain or use any amount of ODS continue to 

be subject to all applicable subpart F requirements, 

including those in 40 CFR 82.157. 35APF Petition for Reconsideration, January 

2017, available: https://www.regulations.gov/

document?D=EPA-HQ-OAR-2015-0453-0228. 36The state and municipal petitioners are the 

State of New York, State of Connecticut, State of 

Illinois, State of Maine, State of Maryland, State of 

Minnesota, State of New Jersey, State of Oregon, 

Commonwealth of Virginia, State of Washington, 

District of Columbia, and City of New York. 

37NEDA/CAP Petitions for Reconsideration/ 

Petition for Rulemaking, May 2020, available: 

https://www.regulations.gov/document?D=EPA-HQOAR-2017-0629-0345. 

38A related definition for ‘‘MVAC-like appliance’’ 

is found at 40 CFR 82.152: MVAC-like appliance 

means a mechanical vapor compression, open-drive 

compressor appliance with a full charge of 20 

pounds or less of refrigerant used to cool the 

driver’s or passenger’s compartment of off-road 

vehicles or equipment. This includes, but is not 

limited to, the air-conditioning equipment found on 

agricultural or construction vehicles. This 

definition is not intended to cover appliances using 

R–22 refrigerant. 

39Section 609(b)(1) defines the term 

‘‘refrigerant,’’ ‘‘[a]s used in this section’’, to mean 

‘‘any class I or class II substance used in a motor 

vehicle air conditioner. Effective 5 years after 

November 15, 1990, the term ‘refrigerant’ shall also 

include any substitute substance.’’ EPA’s 

implementing regulations include a parallel 

definition of this term at 40 CFR 82.32(f). 

subpart F refrigerant management 

regulations to non-exempt substitute 

refrigerants, such as HFCs and HFOs. In 

2018, EPA proposed to withdraw the 

extension of the provisions of 40 CFR 

82.157 to appliances using only nonexempt substitute refrigerants.34 (83 FR 

49332, October 1, 2018). In 2020, EPA 

published a final rule (85 FR 14150, 

March 11, 2020) withdrawing only the 

extension of the leak repair 

requirements—including requirements 

for repairing leaks, conducting leak 

inspections, and keeping applicable 

records—for appliances containing only 

such substitute refrigerants. Other 

subpart F provisions that were extended 

to substitute refrigerants in the 2016 

CAA section 608 Rule, as mentioned 

above, were left in place for appliances 

containing only ODS substitute 

refrigerants. There were no changes to 

any of the regulatory requirements for 

ODS in the 2020 CAA section 608 Rule. 

Petitions for judicial review were filed 

on the 2016 CAA section 608 Rule and 

separately on the 2020 CAA section 608 

Rule. Two industry coalitions, National 

Environmental Development 

Association’s Clean Air Project (NEDA/ 

CAP) and the Air Permitting Forum 

(APF), filed petitions for judicial review 

of the 2016 CAA section 608 Rule in the 

U.S. Court of Appeals for the District of 

Columbia Circuit (D.C. Circuit) in 2017. 

APF also filed an administrative 

petition for reconsideration before EPA 

regarding the 2016 CAA section 608 

Rule.35 In 2020, the Natural Resources 

Defense Council (NRDC) and a group of 

state and municipal petitioners 36 filed 

petitions for judicial review of the 2020 

CAA section 608 Rule in the D.C. 

Circuit. NEDA/CAP also filed an 

administrative petition before EPA 

regarding the 2020 CAA section 608 

Rule, which is styled as a petition for 

reconsideration or in the alternative a 

petition for rulemaking.37 These four 

petitions for review were all 

consolidated under Case No. 20–1150 

(D.C. Cir.) in July of 2020, and in August 

of 2020 the court severed four issues 

raised in NEDA/CAP and APF’s 

administrative petitions for 

reconsideration and assigned them to a 

different case (Case No. 20–1309, D.C. 

Cir.). Both cases are now being held in 

abeyance. 

On January 20, 2021, President Biden 

issued an ‘‘Executive Order on 

Protecting Public Health and the 

Environment and Restoring Science to 

Tackle the Climate Crisis,’’ which 

directed review of certain agency 

actions taken between January 20, 2017, 

and January 20, 2021. Exec. Order No. 

13,990, 86 FR 7037 (Jan. 20, 2021). The 

2020 CAA section 608 Rule was one of 

the actions subject to review under this 

Executive Order. In light of both EPA’s 

review of the 2020 CAA section 608 

Rule consistent with the Executive 

Order and the Agency’s consideration of 

subsection (h) of the AIM Act, EPA has 

decided to initiate a rulemaking that, 

among other things, would involve 

evaluating the application of leak repair 

requirements to appliances using HFCs 

and substitute refrigerants under 

subsection (h). Because this proposed 

action is rooted in EPA’s authority 

under the AIM Act, EPA is not 

reopening or otherwise addressing the 

question of its authority for such 

requirements under the CAA in this 

proposal. 

2. Motor Vehicle Air Conditioning 

Servicing Program (CAA Section 609) 

CAA section 609 directs EPA to issue 

regulations establishing standards and 

requirements for the servicing of 

MVACs. For purposes of the regulations 

implementing CAA section 609, ‘‘motor 

vehicle air conditioners’’ 38 is defined at 

40 CFR 82.32(d) as mechanical vapor 

compression refrigeration equipment 

used to cool the driver’s or passenger’s 

compartment of any motor vehicle. This 

definition further states that it is not 

intended to encompass certain 

hermetically sealed refrigeration 

systems used on motor vehicles for 

refrigerated cargo and the air 

conditioning systems on passenger 

buses. For purposes of the section 609 

regulations, motor vehicle is defined at 

40 CFR 82.32(c) as any vehicle which is 

self-propelled and designed for 

transporting persons or property on a 

street or highway, including but not 

limited to passenger cars, light-duty 

vehicles, and heavy-duty (HD) vehicles. 

This definition further provides that it 

does not include a vehicle where final 

assembly of the vehicle has not been 

completed by the original equipment 

manufacturer (OEM). 

Under CAA section 609 and 

regulations that implement it, no person 

repairing or servicing motor vehicles for 

consideration (e.g., payment or 

bartering) may perform any service on 

an MVAC that involves the refrigerant 39

without properly using approved 

refrigerant recovery or recovery and 

recycling equipment, and no such 

person may perform such service for 

consideration unless such person has 

been properly trained and certified. 

Section 609 also contains restrictions on 

the sale or distribution, or offer for sale 

or distribution, of class I and class II 

substances suitable for use as a 

refrigerant in MVACs in containers of 

less than 20 pounds, except to a person 

performing service for consideration on 

MVAC systems. 

Regulations issued under CAA section 

609, codified at 40 CFR part 82, subpart 

B, include, among other things, 

prohibited and required practices for 

persons repairing and servicing MVACs 

for consideration (40 CFR 82.34); 

requirements for refrigerant handling 

equipment (40 CFR 82.36); approval 

processes for independent standards 

testing organizations (40 CFR 82.38); 

requirements for certifications that any 

person servicing or repairing MVACs for 

consideration must submit to EPA, and 

related recordkeeping requirements (40 

CFR 82.42). Appendices A–F at 40 CFR 

part 82, subpart B, provide minimum 

operating requirements for equipment 

used for the recovery, recycling and/or 

recharging of refrigerant used in 

MVACs. 

In 1992, EPA published a rule (57 FR 

31242, July 14, 1992) under CAA 

section 609 establishing standards and 

requirements for servicing of MVACs 

and restricting the sale of small 

containers of ODS. The regulations, 

which appear in 40 CFR part 82, subpart 

B, require persons who repair or service 

MVACs for consideration to be certified 

in refrigerant recovery and recycling 

and to properly use approved 

equipment when performing service 

involving the refrigerant. Consistent 

with the definition in CAA section 

609(b)(1), ‘‘refrigerant’’ is defined in 


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72228 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

40Equipment that extracts and recycles refrigerant 

is referred to as recover/recycle equipment. 

Equipment that extracts but does not recycle 

refrigerant is referred to as equipment that recovers 

but does not recycle refrigerant, or as recover-only 

equipment. 

41The proposed revisions in 40 CFR 84.3 are 

described in EPA’s proposed Allowance Allocation 

Methodology for 2024 and Later Years rule, which 

was published on October 21, 2022 (87 FR 66372). 

This rulemaking focuses on the second phase of the 

HFC phasedown and, among other things, proposes 

to establish the allocation methodology for the 

‘‘general pool’’ of HFC production and consumption 

allowances for 2024 through 2028. Available at: 

https://www.epa.gov/climate-hfcs-reduction/ 

proposed-rule-allowance-allocation-methodology2024-and-later-years. 

subpart B as any class I or class II 

substance used in MVACs, and to 

include any substitute substance 

effective November 15, 1995. The 1992 

CAA section 609 Rule also defined 

approved refrigerant recycling 

equipment as equipment certified by the 

Administrator or an approved 

organization as meeting either one of the 

standards in 40 CFR 82.36. Such 

equipment extracts and recycles 

refrigerant or extracts but does not 

recycle refrigerant, allowing that 

refrigerant to be subsequently recycled 

on-site or to be sent off-site for 

reclamation.40 EPA based the regulatory 

equipment standards in subpart B on 

those developed by SAE. They cover 

service procedures for 

dichlorodifluoromethane (CFC–12 or R– 

12) recover/recycle equipment (SAE 

J1989, issued in October 1989), test 

procedures to evaluate R–12 recover/ 

recycle equipment (SAE J1990, issued in 

October 1989 and revised in 1991) and 

a purity standard for recycled R–12 

refrigerant (SAE J1991, issued in 

October 1989). Only equipment certified 

to meet the standards set forth in 

appendix A at 40 CFR part 82, subpart 

B, or that meet the criteria for 

substantially identical equipment, was 

approved under CAA section 609 for 

use in the servicing of MVACs at that 

time. 

EPA issued another rule under CAA 

section 609 in 1997 (62 FR 68026, 

December 30, 1997) in response to the 

increasing use of substitute refrigerants, 

particularly 1,1,1,2-tetrafluoroethane 

(HFC–134a or R–134a). The 1997 CAA 

section 609 Rule established standards 

and requirements for the servicing of 

MVACs that use any refrigerant other 

than R–12. The rule also stated that 

refrigerant (whether R–12 or a 

substitute) recovered from motor 

vehicles at motor vehicle disposal 

facilities may be re-used in the MVAC 

service sector only if it has been 

properly recovered and recycled by 

persons who are either employees, 

owners, or operators of the facilities, or 

technicians certified under CAA section 

609, using approved equipment. This 

differs from the rules established under 

CAA section 608, in which no person 

may sell or distribute, or offer for sale 

or distribution, used refrigerant 

(including both ODS and non-exempt 

substitutes such as HFCs) unless it has 

first been reclaimed by a certified 

reclaimer (40 CFR 82.154(d)). The 1997 

CAA section 609 Rule also established 

conditions under which owners and 

operators of motor vehicle disposal 

facilities may sell refrigerant recovered 

from such vehicles to technicians 

certified under CAA section 609. 

3. Significant New Alternatives Policy 

Program (CAA Section 612) 

EPA identifies and evaluates 

substitutes for ODS in certain industrial 

sectors, including RACHP; aerosols; and 

foams. To a very large extent, HFCs are 

used in the same sectors and subsectors 

as where ODS historically have been 

used. Under SNAP, EPA evaluates 

acceptability of substitutes for ODS 

based primarily on the potential human 

health and environmental risks, relative 

to other substances used for the same 

purpose. In so doing, EPA assesses 

atmospheric effects such as ozone 

depletion potential (ODP) and GWP, 

exposure assessments, toxicity data, 

flammability, and other environmental 

impacts. This assessment could take a 

wide range of forms, such as a 

theoretical evaluation of the properties 

of the substitute, a computer simulation 

of the substitute’s performance in the 

sector or subsector, lab-scale (table-top) 

evaluations of the substitute, or 

equipment tests under various 

conditions. 

IV. How is EPA proposing to regulate 

the management of HFCs and their 

substitutes? 

As described in the following 

sections, EPA is proposing to establish 

a program for the management of HFCs 

under subsection (h) of the AIM Act that 

includes requirements regarding several 

topics, including leak repair 

requirements for certain refrigerantcontaining appliances and use of ALD 

systems for certain equipment; use of 

reclaimed HFCs in certain sectors or 

subsectors for the initial charge or 

installation of equipment and for 

servicing and/or repair of existing 

equipment; the servicing, repair, 

disposal, or installation of fire 

suppression equipment that contains 

HFCs, as well as requirements related to 

technician training in the fire 

suppression sector; recovery of HFCs 

from cylinders; and container tracking 

for HFCs that could be used in the 

servicing, repair, and/or installation of 

equipment. EPA intends for the 

proposed provisions for these topics to 

be able to stand independently from one 

another and has designed them 

accordingly. For example, the proposed 

leak repair requirements for refrigerantcontaining appliances are designed to 

operate independently from the 

proposed requirements for servicing, 

repair, disposal, or installation of fire 

suppression equipment. 

A. What definitions is EPA proposing to 

implement under subsection (h)? 

The Allocation Framework Rule (86 

FR 55116, October 5, 2021) established 

regulatory definitions at 40 CFR part 84, 

subpart A (‘‘subpart A’’) to implement 

the framework for, and begin the 

regulatory phasedown of, HFCs under 

the AIM Act, and EPA has finalized 

certain revisions to the definitions 

section of subpart A at 40 CFR 84.3 (see 

88 FR at 46836, July 20, 2023).41 The 

proposed Technology Transitions Rule 

(87 FR 76738, December 15, 2022) 

would establish additional regulatory 

definitions in 40 CFR part 84, subpart B 

(‘‘subpart B’’) as part of its first 

proposed rulemaking related to 

implementing subsection (i) of the AIM 

Act, entitled ‘‘Technology Transitions’’. 

EPA anticipates that any final 

Technology Transitions rule under 

subsection (i) would be available in the 

docket for that action. To maintain 

consistency, except as otherwise 

explained in this proposal, EPA 

generally intends to use terms in this 

proposal, and in the new subpart C 

which is to be established by this rule, 

as they are defined in subpart A. Thus, 

for terms not defined in this subpart but 

that are defined in subpart A (40 CFR 

84.3), the definitions in 40 CFR 84.3 

would apply. Although EPA has not yet 

finalized the regulatory definitions that 

would apply under the Technology 

Transitions program, we also anticipate 

considering any regulatory definitions 

that may be finalized at subpart B as we 

are developing this rulemaking under 

subsection (h) of the AIM Act in an 

effort to promote consistency where 

appropriate. Accordingly, we anticipate 

that for terms that are not defined in 

subparts A or C, but that are defined in 

subpart B, the subpart B definitions 

would apply under the new subpart C. 

EPA welcomes comment on all 

definitions proposed in this action and 

in particular, whether it should adopt 

different definitions for any of the terms 

defined in subpart A or proposed to be 

defined in subpart B for purposes of this 

rulemaking under subsection (h) of the 

AIM Act. While EPA is seeking 


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comment on the definitions as proposed 

for the new subpart C, in this 

rulemaking, the Agency is not 

reopening, taking comment, or 

proposing to modify the definitions as 

finalized in subpart A or those proposed 

under subpart B. The Agency also 

welcomes comment on the terms that 

are newly defined for this proposed rule 

under subsection (h) as well as if there 

are any additional definitions that are 

needed to ensure a common 

understanding of terminology. 

1. Which definitions is EPA proposing 

to adopt that parallel definitions in 40 

CFR 82.152? 

EPA is proposing to adopt definitions 

for the following terms that are similar 

to the definitions for the same terms 

used in 40 CFR 82.152, which includes 

definitions implementing section 608 of 

the CAA, with only limited changes as 

are needed to conform with the AIM Act 

or this proposed action. EPA is 

proposing to use this approach for these 

previously defined terms because they 

are used in the same or substantially 

similar manner as in 40 CFR part 82, 

subpart F. Specifically, 40 CFR 82.152 

includes definitions implementing 

section 608 in CAA Title VI, which is 

relevant to HFC management. As noted 

in section III.A. of this proposal, HFCs 

were intentionally developed to replace 

class I and class II ODS and are used in 

the same applications. The approach 

EPA is proposing to implement 

subsection (h) of the AIM Act is 

informed by the Agency’s experience 

with CAA Title VI. For example, EPA’s 

current regulations under section 608 of 

the CAA require certain refrigerant 

management practices by reclaimers, 

those who buy or sell refrigerant, 

technicians, owners and operators of 

refrigerant-containing appliances, and 

others. Because many in the regulated 

community are subject to both the AIM 

Act and CAA section 608, maintaining 

the same or similar definitions, where 

consistent with AIM Act requirements, 

would provide consistency to those that 

have been using and are familiar with 

these terms from CAA section 608 

regulations. Because EPA’s authority 

under the AIM Act extends beyond the 

sectors covered by the regulations at 40 

CFR part 82, subpart F, where it is 

necessary for clarity, EPA is specifying 

where these definitions specifically 

apply to the terms as they refer to 

refrigerant-containing appliances. 

Comfort cooling means the refrigerantcontaining appliances used for air 

conditioning to provide cooling in order 

to control heat and/or humidity in 

occupied facilities including but not 

limited to residential, office, and 

commercial buildings. Comfort cooling 

appliances include but are not limited 

to chillers, commercial split systems, 

and packaged roof-top units. 

Commercial refrigeration means the 

refrigerant-containing appliances used 

in the retail food and cold storage 

warehouse subsectors. Retail food 

appliances include the refrigeration 

equipment found in supermarkets, 

convenience stores, restaurants and 

other food service establishments. Cold 

storage includes the refrigeration 

equipment used to store meat, produce, 

dairy products, and other perishable 

goods. 

Component, as it relates to a 

refrigerant-containing appliance, means 

a part of the refrigerant circuit within an 

appliance including, but not limited to, 

compressors, condensers, evaporators, 

receivers, and all of its connections and 

subassemblies. 

Custom-built means that the 

industrial process refrigeration 

equipment or any of its components 

cannot be purchased and/or installed 

without being uniquely designed, 

fabricated and/or assembled to satisfy a 

specific set of industrial process 

conditions. 

Disposal, as it relates to a refrigerantcontaining appliance, means the process 

leading to and including: 

(1) The discharge, deposit, dumping 

or placing of any discarded refrigerantcontaining appliance into or on any 

land or water; 

(2) The disassembly of any refrigerantcontaining appliance for discharge, 

deposit, dumping or placing of its 

discarded component parts into or on 

any land or water; 

(3) The vandalism of any refrigerantcontaining appliance such that the 

refrigerant is released into the 

environment or would be released into 

the environment if it had not been 

recovered prior to the destructive 

activity; 

(4) The disassembly of any refrigerantcontaining appliance for reuse of its 

component parts; or 

(5) The recycling of any refrigerantcontaining appliance for scrap. 

As with all the proposed definitions, 

this proposed definition of ‘‘disposal,’’ 

as it relates to a refrigerant-containing 

appliance, is limited to how the term is 

would be used in 40 CFR part 84 

subpart C. 

Follow-up verification test, as it 

relates to a refrigerant-containing 

appliance, means those tests that 

involve checking the repairs to an 

appliance after a successful initial 

verification test and after the appliance 

has returned to normal operating 

characteristics and conditions to verify 

that the repairs were successful. 

Potential methods for follow-up 

verification tests include, but are not 

limited to, the use of soap bubbles as 

appropriate, electronic or ultrasonic 

leak detectors, pressure or vacuum tests, 

fluorescent dye and black light, infrared 

or near infrared tests, and handheld gas 

detection devices. 

Full charge, as it relates to a 

refrigerant-containing appliance, means 

the amount of refrigerant required for 

normal operating characteristics and 

conditions of the appliance as 

determined by using one or a 

combination of the following four 

methods: 

(1) Use of the equipment 

manufacturer’s determination of the full 

charge; 

(2) Use of appropriate calculations 

based on component sizes, density of 

refrigerant, volume of piping, and other 

relevant considerations; 

(3) Use of actual measurements of the 

amount of refrigerant added to or 

evacuated from the appliance, including 

for seasonal variances; and/or 

(4) Use of an established range based 

on the best available data regarding the 

normal operating characteristics and 

conditions for the appliance, where the 

midpoint of the range will serve as the 

full charge. 

Industrial process refrigeration means 

complex customized refrigerantcontaining appliances that are directly 

linked to the processes used in, for 

example, the chemical, pharmaceutical, 

petrochemical, and manufacturing 

industries. This sector also includes 

industrial ice machines, appliances 

used directly in the generation of 

electricity, and ice rinks. Where one 

appliance is used for both industrial 

process refrigeration and other 

applications, it will be considered 

industrial process refrigeration 

equipment if 50 percent or more of its 

operating capacity is used for industrial 

process refrigeration. 

Initial verification test, as it relates to 

a refrigerant-containing appliance, 

means those leak tests that are 

conducted after the repair is finished to 

verify that a leak or leaks have been 

repaired before refrigerant is added back 

to the appliance. 

Leak rate, as it relates to a refrigerantcontaining appliance, means the rate at 

which an appliance is losing refrigerant, 

measured between refrigerant charges. 

The leak rate is expressed in terms of 

the percentage of the appliance’s full 

charge that would be lost over a 12- 

month period if the current rate of loss 

were to continue over that period. The 

rate must be calculated using one of the 

following methods. The same method 


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must be used for all appliances subject 

to the leak repair requirements located 

at an operating facility. 

(1) Annualizing Method. 

(i) Step 1. Take the number of pounds 

of refrigerant added to the appliance to 

return it to a full charge, whether in one 

addition or if multiple additions related 

to same leak, and divide it by the 

number of pounds of refrigerant the 

appliance normally contains at full 

charge; 

(ii) Step 2. Take the shorter of the 

number of days that have passed since 

the last day refrigerant was added or 365 

days and divide that number by 365 

days; 

(iii) Step 3. Take the number 

calculated in Step 1 and divide it by the 

number calculated in Step 2; and 

(iv) Step 4. Multiply the number 

calculated in Step 3 by 100 to calculate 

a percentage. This method is 

summarized in the following formula: 

(2) Rolling Average Method. 

(i) Step 1. Take the sum of the pounds 

of refrigerant added to the appliance 

over the previous 365-day period (or 

over the period that has passed since the 

last successful follow-up verification 

test showing all identified leaks in the 

appliance were repaired, if that period 

is less than one year); 

(ii) Step 2. Divide the result of Step 

1 by the pounds of refrigerant the 

appliance normally contains at full 

charge; and 

(iii) Step 3. Multiply the result of Step 

2 by 100 to obtain a percentage. This 

method is summarized in the following 

formula: 

As discussed in section IV.C.4. of this 

proposal, EPA is clarifying that owner/ 

operators that wish to preemptively 

repair leaks and then run the leak rate 

calculation once refrigerant has been 

added to the repaired appliance for the 

follow-up verification test may do so, 

assuming all applicable time windows 

are adhered to. Additionally, owner/ 

operators may use the amount of 

refrigerant lost in lieu of the amount of 

refrigerant added to run the leak rate 

calculation prior to adding refrigerant if 

they have a valid method of determining 

the amount of refrigerant lost (e.g., 

evacuating the appliance and comparing 

the amount of refrigerant evacuated to 

the full charge). 

Mothball, as it relates to a refrigerantcontaining appliance, means to evacuate 

refrigerant from an appliance, or the 

affected isolated section or component 

of an appliance, to at least atmospheric 

pressure, and to temporarily shut down 

that appliance. 

MVAC-like appliance means a 

mechanical vapor compression, opendrive compressor refrigerant-containing 

appliance with a full charge of 20 

pounds or less of refrigerant used to 

cool the driver’s or passenger’s 

compartment of off-road vehicles or 

equipment. This includes, but is not 

limited to, the air-conditioning 

equipment found on agricultural or 

construction vehicles. This definition is 

intended to have the same meaning as 

defined in 40 CFR 82.152. 

This proposed definition deviates 

slightly from the definition of ‘‘MVAClike appliance’’ at 40 CFR 82.152 to 

conform to the AIM Act grant of 

authority. As noted, this definition is 

intended to have the same meaning as 

defined 40 CFR 82.152. 

Normal operating characteristics and 

conditions, as it relates to a refrigerantcontaining appliance, means appliance 

operating temperatures, pressures, fluid 

flows, speeds, and other characteristics, 

including full charge of the appliance, 

that would be expected for a given 

process load and ambient condition 

during normal operation. Normal 

operating characteristics and conditions 

are marked by the absence of atypical 

conditions affecting the operation of the 

appliance. 

Refrigerant circuit, as it relates to a 

refrigerant-containing appliance, means 

the parts of an appliance that are 

normally connected to each other (or are 

separated only by internal valves) and 

are designed to contain refrigerant. 

Retire, as it relates to a refrigerantcontaining appliance, means the 

removal of the refrigerant and the 

disassembly or impairment of the 

refrigerant circuit such that the 

appliance as a whole is rendered 

unusable by any person in the future. 

Seasonal variance, as it relates to a 

refrigerant-containing appliance, means 

the removal of refrigerant from an 

appliance due to a change in ambient 

conditions caused by a change in 

season, followed by the subsequent 

addition of an amount that is less than 

or equal to the amount of refrigerant 

removed in the prior change in season, 

where both the removal and addition of 

refrigerant occurs within one 

consecutive 12-month period. 

Technician, as it relates to any person 

who works with refrigerant-containing 

appliances, means any person who in 

the course of servicing, repair, or 

installation of a refrigerant-containing 

appliance (except MVACs) could be 

reasonably expected to violate the 

integrity of the refrigerant circuit and 

therefore release refrigerants into the 

environment. Technician also means 

any person who, in the course of 

disposal of a refrigerant-containing 

appliance (except small appliances as 

defined in 40 CFR 82.152, MVACs, and 

MVAC-like appliances), could be 

reasonably expected to violate the 

integrity of the refrigerant circuit and 

therefore release refrigerants from the 

appliances into the environment. 

Activities reasonably expected to violate 


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Leak rate pounds of refrigerant added •---------- X (% per year) pounds <£ refrigerant 

___ 36_5_daysl, __ y,e_a_r ___ x lOOo/o 

shorter of: # days since 

Leakrate = 

(% per year) 

in full charge refrigerant last added or 365 days 

pounds of refrigerant added. over past 365 days 

(or since the last succes.,ftd follow-up verification t~1 showing all identified 

leaks in the appUan<..-e we.re repaired, if that period is les..i.; than one year) 

pom1ds of re&ige:rant in fuH charge 

x.100% 
Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 72231 

the integrity of the refrigerant circuit 

include but are not limited to: Attaching 

or detaching hoses and gauges to and 

from the appliance; adding or removing 

refrigerant; adding or removing 

components; and cutting the refrigerant 

line. Activities such as painting the 

appliance, rewiring an external 

electrical circuit, replacing insulation 

on a length of pipe, or tightening nuts 

and bolts are not reasonably expected to 

violate the integrity of the refrigerant 

circuit. Activities conducted on 

refrigerant-containing appliances that 

have been properly evacuated pursuant 

to § 82.156 are not reasonably expected 

to release refrigerants unless the activity 

includes adding refrigerant to the 

appliance. Technicians could include 

but are not limited to installers, 

contractor employees, in-house service 

personnel, and owners and/or operators 

of refrigerant-containing appliances. 

This proposed definition deviates 

slightly from the definition of 

‘‘technician’’ at 40 CFR 82.152 to 

conform to the AIM Act grant of 

authority. EPA is also proposing a 

definition of ‘‘certified technician’’ to 

make it clear that persons certified per 

40 CFR 82.161 are considered ‘‘certified 

technicians’’ for the purposes of these 

regulations. In section VIII. of this 

preamble, EPA is taking advanced 

comment on considerations for a future 

rulemaking on technician training. 

2. Which definitions is EPA proposing 

to adopt that parallel definitions in 40 

CFR 82.32? 

EPA is proposing to adopt definitions 

for the following defined terms that are 

similar to the definitions used in 40 CFR 

82.32 with limited changes as are 

needed to conform with the AIM Act or 

this proposal. EPA is proposing this 

approach for these defined terms 

because they are used in the same or 

substantially similar manner as in 40 

CFR part 82, subpart B—Servicing of 

Motor Vehicle Air Conditioners under 

the CAA. Section 609 in Title VI of the 

CAA is relevant to refrigerant 

management, as it directs EPA to 

establish standards and requirements 

regarding the servicing of MVACs. For 

example, under CAA section 609 and 

regulations that implement it, no person 

repairing or servicing motor vehicles for 

consideration (e.g., payment or 

bartering) may perform any service on 

an MVAC that involves the refrigerant 

without properly using approved 

refrigerant recovery or recovery and 

recycling equipment, and no such 

person may perform such service for 

consideration unless such person has 

been properly trained and certified. 

Because many within the regulated 

community are subject to both the AIM 

Act and CAA section 609, maintaining 

the same definitions, where consistent 

with AIM Act requirements, would 

provide consistency to those that have 

been using and are familiar with these 

terms from section 609. EPA welcomes 

comment on whether any of these terms 

should be further updated or modified 

for purposes of this rulemaking under 

subsection (h) of the AIM Act. 

Motor vehicle as used in this subpart 

means any vehicle which is selfpropelled and designed for transporting 

persons or property on a street or 

highway, including but not limited to 

passenger cars, light-duty vehicles, and 

heavy-duty vehicles. This definition 

does not include a vehicle where final 

assembly of the vehicle has not been 

completed by the original equipment 

manufacturer. 

Motor vehicle air conditioners 

(MVAC) means mechanical vapor 

compression refrigerant-containing 

appliances used to cool the driver’s or 

passenger’s compartment of any motor 

vehicle. This definition is intended to 

have the same meaning as defined in 40 

CFR 82.32. 

3. What other definitions is EPA 

proposing to adopt? 

EPA is also proposing to establish 

definitions for new terms that are 

applicable only under 40 CFR part 84, 

subpart C, and do not have a 

counterpart in the definitions under 40 

CFR part 84, subpart A and that we do 

not anticipate will have a counterpart in 

any definitions that may be finalized in 

subpart B. The definitions that EPA is 

proposing to include in 40 CFR 84.102 

for application to 40 CFR part 84, 

subpart C are as follows: 

Certified technician means a 

technician that has been certified per 

the provisions at 40 CFR 82.161. 

Equipment means any device that 

contains, uses, detects or is otherwise 

connected or associated with a regulated 

substance or substitute for a regulated 

substance, including any refrigerantcontaining appliance, component, or 

system. 

Fire suppression equipment means 

any device that is connected to or 

associated with a regulated substance or 

substitute for a regulated substance, 

including blends and mixtures, 

consisting in part or whole of a 

regulated substance or a substitute for a 

regulated substance, and that is used for 

fire suppression purposes. This term 

includes any such equipment, 

component, or system. This term does 

not include mission-critical military end 

uses and systems used in deployable 

and expeditionary situations. This term 

also does not include space vehicles as 

defined in 40 CFR 84.3. 

EPA is proposing to explicitly state 

that the definition of ‘‘fire suppression 

equipment’’ for purposes of subsection 

(h) does not include mission-critical 

military end uses and systems used in 

deployable and expeditionary 

applications, as well as space vehicles. 

This proposed exclusion is based on 

EPA’s understanding that there are 

situations in which the unique design 

and use of mission-critical military end 

uses and systems used in deployable 

and expeditionary situations and space 

vehicles make it impossible to recover 

fire suppression agent during the 

service, repair, disposal, or installation 

of the equipment. 

Fire suppression technician means 

any person who in the course of 

servicing, repair, disposal, or 

installation of fire suppression 

equipment could be reasonably 

expected to violate the integrity of the 

fire suppression equipment and 

therefore release fire suppressants into 

the environment. 

Installation means the process of 

setting up equipment for use, which 

may include steps such as completing 

the refrigerant circuit, including 

charging equipment with a regulated 

substance or substitute for a regulated 

substance, or connecting cylinders 

containing a regulated substance or a 

substitute for a regulated substance to a 

total flooding fire suppression system, 

such that the equipment can function 

and is ready for use for its intended 

purpose. 

This definition of ‘‘installation’’ for 

purposes of subsection (h) is different 

from how the term is used in the 

definitions in the proposed Technology 

Transitions Rule (87 FR 76738, 

December 15, 2022). Specifically, the 

definition for ‘‘manufacture’’ in that 

proposed rule covers the installation of 

certain appliances in certain subsectors 

(e.g., commercial refrigeration and IPR). 

In discussing the definition for 

‘‘manufacture’’ in that proposed rule, 

EPA described that for these types of 

appliances, complex installation 

processes may be required, and the 

appliance is typically manufactured and 

field-charged with refrigerant on-site. 

Further, appliances such as these that 

are field charged or have the refrigerant 

circuit completed on-site are considered 

manufactured at the point when 

installation of all the components and 

other parts are completed, and the 

appliance is fully charged with 

refrigerant and able to operate. For 

purposes of the proposed Technology 

Transitions Rule (87 FR 76738, 

December 15, 2022), the installation 


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date of such equipment is relevant to 

the proposed GWP limit-based 

restriction and compliance date for the 

applicable subsector(s). 

The types of installations covered 

under the proposed definition of 

‘‘manufacture’’ in the proposed 

Technology Transitions Rule (87 FR 

76738, December 15, 2022) would be 

included in the proposed definition of 

‘‘installation’’ in this proposal under 

subsection (h), and other types of 

installation would also be included in 

the definition included in this proposal. 

EPA is proposing a broad definition of 

‘‘installation’’ under subsection (h) in 

order to ensure that the Agency’s 

implementation of subsection (h)(1) 

encompasses the practices, processes or 

activities that are relevant to the 

installation of equipment that would be 

regulated under this proposal. 

Leak inspection, as it relates to a 

refrigerant-containing appliance, means 

the examination of an appliance to 

detect and determine the location of 

refrigerant leaks. Potential methods 

include, but are not limited to, 

ultrasonic tests, gas-imaging cameras, 

bubble tests as appropriate, or the use of 

a leak detection device operated and 

maintained according to manufacturer 

guidelines. Methods that determine 

whether the appliance is leaking 

refrigerant but not the location of a leak, 

such as standing pressure/vacuum 

decay tests, sight glass checks, viewing 

receiver levels, pressure checks, and 

charging charts, must be used in 

conjunction with methods that can 

determine the location of a leak. 

This definition generally aligns with 

the corresponding definition at 40 CFR 

82.152, except EPA is proposing to add 

the ‘‘detect and’’ language. In EPA’s 

view, including ‘‘detect and’’ clarifies 

that a leak inspection is not just to 

determine the precise location of a 

known leak, but also to detect 

additional leaks that may be 

contributing to a leak rate exceedance. 

Owner or operator means any person 

who owns, leases, operates, or controls 

any equipment, or who controls or 

supervises any practice, process, or 

activity that is subject to any 

requirement pursuant to this subpart. 

Recover means the process by which 

a regulated substance, or where 

applicable, a substitute for a regulated 

substance, is removed, in any condition, 

from equipment; and stored in an 

external container, with or without 

testing or processing the regulated 

substance or substitute for a regulated 

substance. 

In the regulations implementing 

under subsection (h), EPA is proposing 

to define the term ‘‘recover’’ as it is 

defined in subsection (b)(10) of the AIM 

Act for HFCs and to extend the 

regulatory definition to substitutes for 

HFCs. The term ‘‘recover’’ is defined in 

the AIM Act at subsection (b)(10) as 

‘‘the process by which a regulated 

substance’’ is ‘‘removed, in any 

condition, from equipment’’ and ‘‘stored 

in an external container, with or 

without testing or processing the 

regulated substance.’’ EPA is proposing 

to include that the term recover also 

apply to substitutes for regulated 

substances in these regulations to 

support implementation of subsection 

(h)(1), which authorizes certain 

regulations involving substitutes for 

regulated substitutes. Substitutes for 

regulated substances are used in the 

same applications and often the same 

equipment as the regulated substances 

that they are being used in place of. 

Thus, recovering the substitute for a 

regulated substance would also occur, 

as appropriate, during the servicing, 

repair, or disposal of equipment and 

could be addressed by regulations under 

subsection (h)(1). Thus, including 

substitutes for regulated substances in 

the regulatory definition of ‘‘recover’’ 

provides clarity and supports 

application of these regulations to both 

regulated substances and their 

substitutes. 

Recycling, when referring to fire 

suppression or fire suppressants, means 

the testing and/or reprocessing of 

regulated substances used in the fire 

suppression sector to certain purity 

standards. 

Refrigerant, for purposes of this 

subpart, means any substance, including 

blends and mixtures, consisting in part 

or whole of a regulated substance or a 

substitute for a regulated substance that 

is used for heat transfer purposes, 

including those that provide a cooling 

effect. 

Refrigerant-containing appliance 

means any device that contains and uses 

a regulated substance or substitute for a 

regulated substance as a refrigerant 

including any air conditioner, motor 

vehicle air conditioner, refrigerator, 

chiller, or freezer. For a system with 

multiple circuits, each independent 

circuit is considered a separate 

appliance. 

As the terms ‘‘appliance’’ and 

‘‘refrigerant-containing appliance’’ are 

not defined terms under the AIM Act, 

the regulatory definition will provide 

clarity as to what types of equipment 

would be subject to certain proposed 

requirements. EPA intends this term to 

be a subset of the broader category of 

‘‘equipment’’ subject to subsection (h) of 

the AIM Act. EPA notes that this 

proposed definition differs from the 

definition of ‘‘appliance’’ under section 

608 of the CAA. Sections 601 and 608 

of the CAA specified that an appliance 

‘‘is used for household or commercial 

purposes,’’ and that phrase also appears 

in the definition of ‘‘appliance’’ in 40 

CFR 82.152. The AIM Act has no 

analogous provision. Accordingly, EPA 

is not proposing to include that phrase 

in defining ‘‘refrigerant-containing 

appliance’’ for purposes of 

implementing subsection (h). In keeping 

with the application of Title VI of the 

CAA (e.g., under sections 608 and 612), 

EPA is defining a ‘‘refrigerantcontaining appliance’’ to consist of an 

independent circuit. The independent 

circuit provides the desired cooling or 

heating effect, typically consisting of a 

compressor, condenser, evaporator, and 

metering device in an enclosed 

refrigerant loop. EPA notes that a given 

piece of equipment could contain 

multiple independent circuits and thus 

be considered as multiple, separate 

‘‘refrigerant-containing appliances.’’ For 

instance, some food retail cases have 

been made with multiple independent 

circuits, each one containing the 

maximum 150-gram charge limit of 

propane, thus allowing a single case to 

address a higher refrigeration load. Also, 

some household refrigerator-freezers 

have been produced with two 

independent circuits, one handling the 

refrigerator and another the freezer. 

Refrigerant-containing equipment 

means equipment as defined in this 

subpart that contains, uses, or is 

otherwise connected or associated with 

a regulated substance or substitute for a 

regulated substance that is used as a 

refrigerant. This definition includes 

refrigerant-containing components, 

refrigerant-containing appliances, and 

MVAC-like appliances. This term does 

not include mission-critical military end 

uses and systems used in deployable 

and expeditionary situations. This term 

also does not include space vehicles as 

defined in 40 CFR 84.3. 

EPA is proposing to explicitly state 

that the definition of ‘‘refrigerantcontaining equipment’’ under 

subsection (h) does not include missioncritical military end uses and systems 

used in deployable and expeditionary 

applications, as well as space vehicles. 

This proposed exclusion is based on 

EPA’s understanding that there are 

situations in which the unique design 

and use of mission-critical military end 

uses and systems used in deployable 

and expeditionary situations and space 

vehicles make it impossible to recover 

refrigerant during the service, repair, 

disposal, or installation of the 

equipment. Likewise, requiring 

adherence to the leak repair and other 


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42The proposed definition for substitute in the 

proposed Technology Transitions rule is: ‘‘any 

substance, product, or alternative manufacturing 

process, whether existing or new, that is used, or 

intended for use, in a sector or subsector with a 

lower global warming potential than the regulated 

substance, whether neat or used in a blend, to 

which a use restriction would apply.’’ (See 87 FR 

76738, 76754, December 15, 2022). EPA further 

notes that it has not made final decisions for the 

Technology Transitions rule. 

43EPA held stakeholder meetings for public input 

on November 9, 2022 and March 16, 2023 as well 

as solicited feedback through a webinar for the EPA 

GreenChill Partnership program on April 12, 2023. 

proposed provisions for refrigerantcontaining equipment in this proposal 

in an active military zone of 

engagement, including systems used in 

deployable and expeditionary 

situations, could lessen the military 

effectiveness of the equipment. 

Likewise, requiring leak repair and 

other provisions in this proposal for 

such equipment in space vehicles could 

lessen their effectiveness. 

Repackager means an entity who 

transfers regulated substances, either 

alone or in a blend, from one container 

to another container prior to sale or 

distribution or offer for sale or 

distribution. An entity that services 

system cylinders for use in fire 

suppression equipment and returns the 

same regulated substances to the same 

system cylinder it was recovered from 

after the system cylinder is serviced is 

not a repackager. 

Repair, for purposes of this subpart 

and as it relates to a particular leak in 

a refrigerant-containing appliance, 

means making adjustments or other 

alterations to that refrigerant-containing 

appliance that have the effect of 

stopping leakage of refrigerant from that 

particular leak. 

Reprocess means using procedures, 

such as filtering, drying, distillation and 

other chemical procedures to remove 

impurities from a regulated substance or 

a substitute for a regulated substance. 

Retrofit, as it relates to a refrigerantcontaining appliance, means to convert 

an appliance from one refrigerant to 

another refrigerant. Retrofitting includes 

the conversion of the appliance to 

achieve system compatibility with the 

new refrigerant and may include, but is 

not limited to, changes in lubricants, 

gaskets, filters, driers, valves, o-rings or 

appliance components. Retrofits 

required under this subpart shall be 

done to a refrigerant with a lower global 

warming potential. EPA is proposing 

this definition as similar to the parallel 

definition in 40 CFR 82.152, with an 

additional provision requiring that 

retrofits performed for compliance with 

this rulemaking must involve switching 

to a lower GWP refrigerant. EPA is 

proposing to include this provision as 

part of this definition for the purposes 

of this action so that if an owner or 

operator chooses to retrofit a refrigerantcontaining appliance in lieu of repairing 

a leak, the retrofit must use a refrigerant 

that is a lower GWP in the original 

equipment. One implication of 

including this provision would be that 

if there are cases in which switching to 

a lower GWP refrigerant is not an option 

(e.g., for reasons such as safety 

considerations or a refrigerant with a 

lower GWP is not suitable for use in a 

particular refrigerant-containing 

appliance), a retrofit would not be 

available as a compliance option for the 

particular refrigerant-containing 

appliance. Additional detail on the 

requirements of performing a retrofit 

and developing a retrofit plan can be 

found in section IV.C.3.f. of this 

preamble. 

Stationary refrigerant-containing 

equipment means refrigerant-containing 

equipment, as defined in this subpart, 

that is not a motor vehicle air 

conditioner or MVAC-like appliance, as 

defined in this subpart. 

Substitute for a regulated substance 

means a substance that can be used in 

equipment in the same or similar 

applications as a regulated substance, to 

serve the same or a similar purpose, 

including but not limited to a substance 

used as a refrigerant in a refrigerantcontaining appliance or as a fire 

suppressant in fire suppression 

equipment, provided that the substance 

is not a regulated substance or an ozonedepleting substance. 

EPA is proposing for the purposes of 

this action to define a substitute for a 

regulated substance to make clear that 

substitutes in this rulemaking would not 

include regulated substances or ozonedepleting substances. Examples of a 

substitute for a regulated substance 

include but are not limited to HFOs, 

hydrocarbons (e.g., propane, isobutane), 

ammonia (NH4), and CO2. A substitute 

for a regulated substance may be used 

neat or in a blend. Subsection (h) 

includes authority for EPA to develop 

regulations involving regulated 

substances and substitutes for regulated 

substances. Specifically, subsection 

(h)(1) expressly provides that EPA is to 

promulgate certain regulations 

involving a regulated substance, a 

substitute for a regulated substance, the 

reclaiming of a regulated substance as a 

refrigerant, or the reclaiming of a 

substitute for a regulated substance as a 

refrigerant. EPA acknowledges that this 

definition of ‘‘substitute for a regulated 

substance’’ differs from the definition of 

the similar term, ‘‘substitute’’ 42 in the 

proposed Technology Transitions Rule 

(87 FR 76738, December 15, 2022). EPA 

is proposing this definition for purposes 

of implementing subsection (h), because 

specifying that substitutes for a 

regulated substance are only those 

substances that do not contain HFCs 

will draw a distinction that is helpful 

for certain provisions in this proposal, 

as EPA is proposing to control certain 

practices, processes, or activities as they 

relate to regulated substances differently 

from compared to how they relate to 

substitutes for regulated substances. As 

EPA has noted in the Executive 

Summary at section I.A., the terms 

‘‘HFC’’ and ‘‘regulated substance’’ are 

used interchangeably in this preamble. 

Similarly, throughout this preamble, 

EPA notes that the term ‘‘substitute for 

an HFC’’ may be used interchangeably 

with ‘‘substitute for a regulated 

substance’’ in this preamble. 

Virgin regulated substance means any 

regulated substance that has not had any 

bona fide use in equipment except for 

those regulated substances contained in 

the heel or the residue of a container 

that has bona fide use in the servicing, 

repair, or installation of equipment. 

EPA is proposing to add this 

definition of ‘‘virgin regulated 

substance’’ to make it clear that 

introduction of a regulated substance to 

equipment, such as a refrigerantcontaining appliance or fire suppression 

equipment, solely to convert the 

regulated substance to ‘‘used’’ regulated 

substance in order to circumvent the 

intended requirements of this proposal 

is not permissible. This scenario, where 

regulated substance is charged to 

equipment, such as a refrigerantcontaining appliance or fire suppression 

equipment, and recovered without any 

bona fide use, was brought to EPA’s 

attention by stakeholders including 

during public stakeholder meetings as 

the agency developed this proposal.43 A 

regulated substance that has had no 

bona fide use in equipment would be 

considered a virgin regulated substance 

unless it was from the heel or residue 

of a container that did have a bona fide 

use in the servicing, repair, or 

installation of equipment. 

B. Which sectors and subsectors is EPA 

considering addressing under 

subsection (h)? 

Subsection (h) of the AIM Act 

provides EPA authority to promulgate 

regulations to control, where 

appropriate, any practice, process, or 

activity related to the servicing, repair, 

disposal, or installation of equipment 

that involves HFCs or their substitutes, 

or the reclaiming of HFCs or their 

substitutes used as refrigerants. EPA 


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interprets this provision to include 

authority to regulate, as appropriate, 

practices, processes, or activities related 

to any sector, subsector, or application 

where a regulated substance or a 

substitute for a regulated substance is 

used in equipment. Regulated 

substances and their substitutes are 

typically used in the RACHP sector as 

a refrigerant in a vapor compression 

cycle to cool and/or dehumidify a 

substance or space, like a refrigerator 

cabinet, room, office building, or 

warehouse. Regulated substances and/or 

their substitutes may also be used in 

other sectors, subsectors, or 

applications, such as aerosols, fire 

suppression, solvent cleaning, foam 

blowing, and others. However, as noted 

in section II.B. of this proposal, 

subsection (h)(4) expressly provides that 

any rulemaking under subsection (h) 

shall not apply to a regulated substance 

or a substitute for a regulated substance 

that is contained in a foam. Thus, EPA 

is not proposing any requirements for 

regulated substances or their substitutes 

when they are contained in foams in 

this proposal. Accordingly, EPA 

interprets its authority under subsection 

(h) to include promulgating regulations 

that control the types of practices, 

processes, or activities identified in 

subsection (h)(1) in any of those sectors, 

subsectors, or applications, with the 

limitation that we do not interpret our 

regulatory authority under subsection 

(h) to extend to HFCs or substitutes for 

HFCs when they are contained in foams. 

EPA is proposing requirements for 

equipment in certain sectors or 

subsectors as described in sections 

IV.C.–F. of this preamble. While EPA 

interprets subsection (h) to provide 

authority that could be applied to 

practices, processes, or activities related 

to equipment across a broad range of 

sectors, subsectors, or applications that 

involve regulated substances and/or 

their substitutes, at this time EPA is 

focusing on certain sectors and 

subsectors in the requirements proposed 

in the rulemaking. In future 

rulemakings, EPA may consider 

establishing requirements for equipment 

in other sectors, subsectors, or 

applications that involve regulated 

substances and/or their substitutes. The 

relevant sections of this preamble 

describe the requirements that EPA is 

proposing for equipment in certain 

sectors and subsectors and how EPA 

understands these sectors and 

subsectors as relevant for these 

proposed requirements. 

Where EPA is proposing requirements 

for certain sectors or subsectors, we 

intend to be consistent with how those 

sectors or subsectors are understood 

under other provisions of the AIM Act 

and/or CAA Title VI that address the 

same sector or subsector, such as 

subsection (i) of the AIM Act, through 

the Technology Transitions program. 

EPA issued a proposed Technology 

Transition rulemaking on December 15, 

2022 (87 FR 76738) which provides 

additional detail on many of the same 

sectors and subsectors for which we are 

proposing certain requirements under 

subsection (h). Although EPA has not 

yet made final decisions regarding those 

sectors or subsectors under subsection 

(i) of the AIM Act, we also anticipate 

considering how those sectors or 

subsectors are addressed in the final 

Technology Transitions rulemaking in 

developing this rulemaking under 

subsection (h) of the AIM Act. 

EPA is proposing certain provisions, 

as described later in this preamble, for 

certain equipment in applicable 

subsectors within the RACHP sector in 

this action. Such subsectors within the 

RACHP sector include: residential and 

light commercial air conditioning and 

heat pumps; cold storage warehouses; 

IPR; stand-alone retail food 

refrigeration; supermarket systems; 

refrigerated transport; and automatic 

commercial ice makers. EPA is also 

proposing certain provisions for 

equipment in the fire suppression 

sector, as described later in this 

preamble. Not all provisions proposed 

in this rulemaking would apply to each 

of the sectors and subsectors identified 

here. For example, EPA is proposing 

certain requirements for the use of 

reclaimed HFCs in residential and light 

commercial AC and heat pumps. 

However, EPA is proposing to exempt 

residential and light commercial AC and 

heat pump equipment in the universe of 

refrigerant-containing appliances 

subject to proposed leak repair 

requirements. Additional detail can be 

found in section IV.C.2. of this 

preamble. 

EPA is requesting comment on all 

aspects of this proposed rule. Where 

EPA is proposing requirements for 

equipment in certain sectors and 

subsectors, EPA is providing additional 

detail noting specific areas for which we 

are seeking comment. 

C. How is EPA proposing to address leak 

repair? 

1. Background 

As noted above, subsection (h) of the 

AIM Act includes provisions focused on 

the management of regulated 

substances. Specifically, subsection 

(h)(1) directs EPA, for ‘‘purposes of 

maximizing reclaiming and minimizing 

the release of a regulated substance from 

equipment and ensuring the safety of 

technicians and consumers,’’ to 

‘‘promulgate regulations to control, 

where appropriate, any practice, 

process, or activity regarding the 

servicing, repair, disposal, or 

installation of equipment (including 

requiring, where appropriate, that any 

such servicing, repair, disposal, or 

installation be performed by a trained 

technician meeting minimum standards, 

as determined by the Administrator) 

that involves’’: ‘‘a regulated substance’’; 

‘‘a substitute for a regulated substance’’; 

‘‘the reclaiming of a regulated substance 

used as a refrigerant’’; or ‘‘the 

reclaiming of a substitute for a regulated 

substance used as a refrigerant.’’ 

Among other things, EPA interprets 

its regulatory authority under 

subsection (h)(1) to include authority to 

establish requirements related to the 

detection, prevention, and repair of 

leaks for equipment containing HFCs or 

substitutes for HFCs (whether the 

equipment uses the HFC or substitute 

for an HFC neat or in a blend with other 

substances). EPA understands the 

statutory phrase ‘‘regulations to control 

. . . any practice, process, or activity’’ 

as including authority for rules 

governing both the manner in which a 

practice, process, or activity occurs (e.g., 

standards that must be met, timing of 

the process or activity, etc.), as well as 

rules requiring that a practice, process, 

or activity be undertaken. Regulations 

establishing requirements for leak 

prevention, detection, and repair would 

control practices, processes, and 

activities regarding the servicing, repair, 

disposal, or installation of equipment. 

For example, detecting and fixing leaks 

in equipment would be considered an 

activity regarding the servicing or repair 

of equipment. Similarly, leak prevention 

and/or inspection and repair practices, 

processes, or activities would be 

conducted regarding the servicing and/ 

or repair of equipment. 

The requirements proposed in this 

rulemaking also relate to the statutory 

purposes identified in subsection (h)(1). 

Requirements related to the detection, 

inspection, repair, and prevention of 

leaks for equipment containing HFCs 

(whether used neat or in a blend) or 

their substitutes would serve the 

statutory purpose of minimizing the 

release of regulated substances from 

equipment. For example, leak detection, 

inspection, and repair requirements 

help minimize such releases because the 

sooner a leak is found and repaired, the 

less HFC will be released. Further, leak 

prevention requirements would 

minimize HFC releases by avoiding 

potential leaks in the first place. 

Additionally, regulations establishing 


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44ReFED, Insights Engine Food Waste Monitor, 

May 2023, available at: https://insightsengine.refed.org/food-wastemonitor?view=overview&year=2021. 

45 In this proposed rulemaking, EPA is not 

reopening the leak repair requirements at 40 CFR 

82.157 or proposing any changes to them. 46WMO, 2022. 47Subsection (c)(3)(A) provides the criteria by 

which the Administrator may designate a substance 

not included in the list of regulated substances in 

subsection (c)(1); these criteria include that the 

substance must be a chemical substance that is a 

saturated hydrofluorocarbon and have an exchange 

value (i.e., GWP) greater than 53. 

requirements for leak prevention, 

detection, and repair would also further 

the statutory purpose of maximizing the 

reclamation of regulated substances by 

reducing the amount of HFC released 

from equipment and thus increasing the 

amount of HFC that is available to be 

recovered and reclaimed. Any regulated 

substance used in equipment that is 

released through leaks and escapes to 

the atmosphere reduces the amount of 

HFC remaining in the equipment that 

could otherwise be recovered and 

reclaimed for further use. 

Further, as the phasedown of the 

production and consumption of HFCs as 

required by the AIM Act progresses, 

reclaimed HFCs will play a key role in 

the amount of available HFCs for 

equipment that will continue to use 

HFCs (e.g., for servicing). Reclaimed 

HFCs will also be important in avoiding 

potential economic disruption that 

could be associated with the scarcity of 

virgin HFCs as well as avoid stranding 

existing equipment that will need to be 

serviced using HFCs. Generally, overall 

refrigerant management in appliances 

helps to maintain the health of the 

appliances. This can be crucial for 

refrigerant-containing appliances in the 

RACHP subsectors that are relevant to 

handling food products, such as 

supermarket systems, refrigerated 

transport, and other food retail 

subsectors where the intended function 

is to ensure food products are 

maintained at appropriate temperatures 

to avoid spoilage and food waste. In 

2021, 344,000 tons of food were lost in 

the United States due to equipment 

issues in the retail and food service 

subsectors.44 Successful repair of leaks 

and avoiding leaks are a few ways to 

help ensure that these appliances are 

operating efficiently and as intended 

and can help to avoid unnecessary food 

waste. 

In considering requirements related to 

leak prevention, detection, and repair 

under subsection (h) of the AIM Act, 

EPA further notes that subsection (h)(3) 

expressly provides that EPA may 

coordinate regulations promulgated to 

carry out subsection (h) with any other 

regulations promulgated by EPA that 

involve the same or a similar practice, 

process, or activity regarding the 

servicing, repair, disposal, or 

installation of equipment, or reclaiming. 

Accordingly, the Agency considered 

various potential approaches to 

coordinating the proposed regulations 

under subsection (h) related to leak 

prevention, detection, and repair with 

regulations previously promulgated 

under CAA section 608, given they 

relate to the same or similar practices, 

processes, or activities for refrigerantcontaining appliances containing ODS. 

In particular, during the development of 

this NPRM, EPA considered the 

requirements at 40 CFR 82.157. 

As noted in the background section of 

this preamble at section III.C.1., all 

provisions in 40 CFR part 82, subpart F 

except leak repair currently apply to 

appliances containing ODS substitutes 

including regulated HFCs used neatly or 

in blends. EPA is not proposing any 

requirements duplicative of those in this 

action. However, EPA is proposing to 

establish leak repair requirements for 

refrigerant-containing appliances using 

HFCs and/or substitutes for HFCs. 

As described in the definitions 

section of this proposal at section 

IV.A.3., EPA is proposing to define 

‘‘equipment’’ as including appliances. 

In the context of subsection (h), EPA 

considers that appliances would be a 

subset within the broader category of 

equipment. EPA has also proposed to 

define ‘‘refrigerant-containing 

appliance’’ in section IV.A.3. In this 

action, the Agency generally refers to 

the proposed leak repair requirements 

as applying to refrigerant-containing 

appliances. In the context of the 

proposed leak repair requirements, 

appliances are considered types of 

equipment that are used in subsectors 

within the RACHP sector. EPA is 

proposing leak repair provisions for 

certain refrigerant-containing appliances 

with a refrigerant that contains HFCs or 

certain substitutes for HFCs (whether 

the equipment uses the HFC or certain 

substitutes for an HFC neat or in a blend 

with other substances) under subsection 

(h) of the AIM Act. If finalized, these 

regulations would be codified at 40 CFR 

part 84.106. 

2. Scope of the Proposed Leak Repair 

Requirements 

EPA is proposing leak repair 

requirements for certain refrigerantcontaining appliances containing HFC 

(whether used neat or in a blend) or 

certain HFC substitute refrigerants 

under subsection (h) of the AIM Act. 

These requirements are being proposed 

as part of implementing subsection 

(h)(1) of the AIM Act, as these 

provisions would control practices, 

processes, or activities regarding 

servicing or repair of appliances, which 

are a type of equipment, and would 

involve a regulated substance or a 

substitute for a regulated substance. The 

requirements proposed are similar to 

leak repair provisions for appliances 

containing an ODS refrigerant found at 

40 CFR 82.157,45 but are not identical. 

In particular, EPA is proposing to apply 

the leak repair requirements under 

subsection (h) of the AIM Act to 

appliances containing HFCs or certain 

substitutes for HFCs with lower charge 

sizes. Where EPA is proposing to 

require the same or similar practice, 

process or activity for applicable 

appliances containing HFC or 

substitutes for HFCs as is required 

under 40 CFR 82.157 for appliances 

containing an ODS refrigerant, EPA is 

proposing to adopt regulatory text under 

40 CFR part 84, where appropriate, that 

is consistent with the parallel provision 

in 40 CFR 82.157. Where the proposed 

requirements are different, the 

regulatory text will differ. 

a. Appliances containing which 

refrigerants would be subject to the 

proposed leak repair requirements? 

EPA is proposing to include HFCs 

(including blends that contain HFCs) 

and certain substitutes for HFCs under 

the provisions related to leak repair 

under subsection (h) of the AIM Act. As 

noted previously, HFCs are potent GHGs 

with GWPs that can be hundreds to 

thousands of times more potent than 

CO2. As noted in the background section 

of this preamble (section III.A), global 

HFC use and emissions have been 

increasing since the ODS phaseout and 

their increasing use in RACHP 

equipment.46 Provisions related to leak 

repair for equipment that use HFCs and 

their substitutes are critical to mitigating 

emissions of HFCs and meeting the 

purpose stated in subsection (h)(1) of 

the AIM Act to minimize releases of 

regulated substances from equipment. 

As mentioned, the AIM Act includes a 

list of 18 HFCs as regulated substances 

and provides authority for the 

Administrator to add additional HFCs if 

certain criteria are met, including that 

the GWP of the substance is above 53.47

Certain substitutes for HFCs have GWPs 

that are below that of the lowest GWP 

of a substance that EPA could list as a 

regulated substance under subsection 

(c)(3)(A)(i)(II) of the AIM Act (i.e., a 

GWP of greater than 53). EPA is 

proposing to apply the leak repair 

requirements to refrigerant-containing 

appliances containing an HFC 


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48EPA noted in section III.A. of this preamble 

that the exchange values for the regulated HFCs 

listed in subsection (c) of the AIM Act are 

numerically identical to the 100-year GWPs of each 

substance, as given in the Errata to Table 2.14 of 

the IPCC’s Fourth Assessment Report (AR4) and 

Annexes A, C, and F of the Montreal Protocol. 

Available at: https://www.ipcc.ch/site/assets/ 

uploads/2018/05/ar4-wg1-errata.pdf. 

49WMO, 2022. 

50 81 FR 32244 (May 23, 2016). 

51 84 FR 64766 (November 25, 2019). 

refrigerant or a substitute for HFC 

refrigerants that have a GWP above 53 

(whether the HFC or substitute for an 

HFC is used neat or in a blend). EPA is 

proposing this cutoff for the leak repair 

provisions; however, other provisions in 

this proposal would apply to any 

substitute for an HFC without any GWP 

threshold, unless otherwise specified. 

In subsection (h) of the AIM Act, 

Congress directed EPA to control, where 

appropriate, any practice, process, or 

activity regarding the servicing, repair, 

disposal, or installation of equipment 

involving HFCs or their substitutes. EPA 

is proposing that for the leak repair 

provisions under subsection (h), it is 

appropriate at this time to only address 

substitutes for HFCs (whether used neat 

or in a blend) with GWPs that are 

greater than the cutoff Congress 

provided for listing new regulated 

substances (i.e., a GWP of 53). The 

agency notes that currently the vast 

majority of HFC refrigerants and 

refrigerant blends containing HFCs in 

equipment have much higher GWPs, 

often 20 to 50, or even more than 75 

times as high as this cutoff. EPA 

acknowledges that over time the 

refrigerant market is likely to shift, and 

that this proposal is based on the 

current and near-term anticipated 

market for equipment that contains 

HFCs and substitutes for HFCs. Thus, 

we view it as appropriate to focus the 

proposed leak repair requirements on 

HFCs and substitutes for HFCs with 

GWPs above 53 in this rulemaking, 

whether the HFC or substitute is used 

neat or in a refrigerant blend. We further 

note that EPA may in a future 

rulemaking consider establishing leak 

repair requirements for substitutes for 

HFCs and blends containing substitutes 

for HFCs with a GWP at or below 53. 

For example, if EPA becomes aware of 

concerns related to this limitation as the 

refrigerant market shifts to lower GWP 

substitutes for HFCs, EPA could 

consider revisiting this requirement. 

To determine whether an appliance 

containing a substitute for a regulated 

substance is required to comply with 

the proposed leak repair provisions, 

EPA is proposing to adopt the similar 

process for determining the GWP of 

regulated substances and/or their 

substitutes as described in the proposed 

Technology Transitions Rule (87 FR 

76738, 76750, December 15, 2022). The 

GWP of a regulated substance would use 

the GWP as related to the exchange 

value listed in subsection (c) of the AIM 

Act and codified as appendix A to 40 

CFR part 84.48 For the GWP of 

substitutes for regulated substances, 

EPA is proposing to use IPCC’s Fourth 

Assessment Report (AR4) 100-year 

GWPs wherever possible given they are 

numerically the same as the exchange 

values in the AIM Act and because EPA 

considers such an approach to be less 

complicated. For hydrocarbons listed in 

Table 2–15 of AR4, EPA is proposing to 

use the net GWP value. For substances 

for which no GWP is provided in AR4, 

EPA is proposing to use the 100-year 

GWP listed in World Meteorological 

Organization (WMO) 2022.49 For any 

substance not listed in either of these 

sources, EPA is proposing to use the 

GWP of the substance in Table A–1 to 

40 CFR part 98, as it exists on a 

specified date, such as the date any final 

rule based on this proposal is published 

in the Federal Register, if such 

substance is specifically listed in that 

table. EPA is aware of two potential 

substitutes for regulated substances that 

might be addressed by the proposed 

requirements that are not listed in these 

three sources, trans-dichloroethylene 

(HCO-1130(E)) and HCFO-1224yd(Z) 

and is proposing to set these GWPs to 

be five 50 and one,51 respectively, for the 

purposes of this proposal. For any other 

substance not listed in the above three 

source documents, EPA is proposing 

that the default GWPs as shown in Table 

A–1 to 40 CFR part 98, as it exists on 

a specified date, such as the date any 

final rule based on this proposal is 

published in the Federal Register, shall 

be used. In the event that the hierarchy 

outlined in this section does not provide 

a GWP (i.e., the substance in question is 

not listed in the three documents, is not 

one of the two for which EPA is 

proposing GWPs, is not listed in Table 

A–1 to 40 CFR part 98 and does not fit 

within any of the default GWPs 

provided in Table A–1 to 40 CFR part 

98), EPA is proposing to use a GWP of 

zero. In any case where a GWP value is 

preceded with a less than (<), very less 

than (<<), greater than (>), 

approximately (∼), or similar symbol in 

the source document, which is used to 

determine the GWP, EPA is proposing 

that the value shown shall be used. 

Applying the proposed provisions 

related to leak repair under subsection 

(h) to HFC substitutes with a GWP 

greater than 53, but not those with a 

GWP at or below 53, would result in 

certain lower GWP refrigerants (e.g., 

single component HFO refrigerants) that 

are covered by the venting prohibition 

at 40 CFR 82.154(a)(1) to be excluded 

from coverage under the proposed 

subsection (h) leak repair provisions, as 

they have a GWP lower than 53. The 

proposed leak repair requirements 

would still apply where any substitute 

for an HFC is a component in a 

refrigerant blend that contains an HFC 

or another substitute for an HFC with a 

GWP above 53. This would be true even 

if one or more of the components of the 

refrigerant blend is a substitute for an 

HFC that is exempted from the venting 

prohibition under 40 CFR 82.154(a)(1). 

In describing the practical effects of our 

proposed approach, we are not 

reopening, taking comment on, or 

proposing to modify any regulatory 

provisions in 40 CFR part 82 in this 

NPRM. 

In the case that a refrigerantcontaining appliance uses a refrigerant 

blend that contains an ODS and an HFC 

or a substitute for an HFC with a GWP 

above 53, EPA is proposing that the 

owner or operator of such appliance be 

required to simultaneously meet the 

leak repair provisions promulgated 

under CAA section 608 at 40 CFR 

82.157 and the proposed provisions in 

this action, to the extent that they are 

applicable. EPA notes that many of the 

provisions in this proposed action are 

similar to those in 40 CFR 82.157, 

which should help alleviate any 

concerns about duplicative 

requirements. However, the provisions 

proposed in this NPRM (as described in 

the following section) would apply to 

refrigerant-containing appliances with a 

charge size of 15 pounds or more of a 

refrigerant that contains an HFC or a 

substitute for an HFC with a GWP above 

53. The requirements at 40 CFR 82.157 

apply to appliances containing an ODS 

with a charge size at or above 50 

pounds. If such appliances use a 

refrigerant that also contains an HFC or 

an HFC substitute that has a GWP above 

53, they would be required to meet the 

leak repair requirements proposed in 

this NPRM, to ensure that the 

requirements applicable to the HFCs 

and HFC substitutes are also met. An 

appliance with a charge size of 15 

pounds or greater containing a 

refrigerant blend that was made up of 

ODS and an HFC or a substitute for an 

HFC with a GWP above 53 would also 

be required to meet the proposed 

provisions in this action, as a way of 

ensuring that the requirements that 

apply to the HFCs or certain substitutes 

for HFCs contained in the equipment 


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52Refrigeration, Air Conditioning, and Heat 

Pumps Technical Options Committee 2018 

Assessment Report, Technical and Economic 

Assessment Panel, UNEP, February 2019. Available 

at: https://ozone.unep.org/sites/default/files/2019- 

04/RTOC-assessment-report-2018_0.pdf. 

53See 80 FR 42903, July 20, 2015. 

54 ‘‘Bus’’ is defined at 40 CFR 1037.801 and 

means ‘‘a heavy-duty vehicle designed to carry 

more than 15 passengers. Buses may include coach 

buses, school buses, and urban transit buses.’’ 

are met. However, because these 

appliances would not meet the charge 

size threshold under 40 CFR 82.157, 

those requirements would not apply 

even though they contain ODS 

refrigerants. 

EPA intends for the leak repair 

requirements in this proposal to be 

sufficiently consistent with the 

requirements at 40 CFR 82.157 such that 

both sets of requirements could be met 

for refrigerant-containing appliances 

that use a refrigerant blend containing 

an ODS and an HFC or a substitute for 

an HFC with a GWP above 53 and that 

have full charge of 50 or more pounds 

of refrigerant. EPA requests comment on 

whether there is an impediment to a 

refrigerant containing-appliance 

simultaneously complying with both 

sets of requirements. 

Leak repair provisions for appliances 

containing HFCs and certain substitutes 

for HFCs as refrigerants as proposed in 

this document should minimize 

emissions. EPA describes emission 

reductions in the draft TSD titled 

Analysis of the Economic Impact and 

Benefits of the Proposed Rule and in in 

section VI. of this proposal. 

EPA is requesting comment on all 

aspects of this proposal. In particular, 

EPA is seeking comment on the use of 

a GWP cutoff to apply the proposed leak 

repair requirements to equipment 

containing an HFC or a substitute for an 

HFC as a refrigerant, used neat or in 

blends. EPA also seeks comment on 

using a GWP above 53 as the cutoff, 

including, for example, comments on 

whether EPA should consider a lower 

GWP cutoff. 

b. Appliances with what charge size 

would be subject to the proposed leak 

repair requirements? 

EPA is proposing to apply the leak 

repair requirements under subsection 

(h) of the AIM Act to refrigerantcontaining appliances with a charge size 

of 15 pounds or more of a refrigerant 

that contains an HFC or a substitute for 

an HFC with a GWP above 53, with 

specific exemptions. This is a lower 

threshold than the threshold for the leak 

repair requirements established under 

CAA section 608, as the leak repair 

provisions at 40 CFR 82.157 apply to 

appliances containing 50 or more 

pounds of ODS refrigerant, a threshold 

that was established in 1993. EPA is 

aware of technological achievements 

that, in many cases, have resulted in 

smaller charge sizes for cooling loads. 

For example, microchannel heat 

exchangers are one such technology 

used to reduce refrigerant charge size in 

equipment. Equipment using different 

refrigerants may also have a lower 

charge size; for example, in air 

conditioning equipment, the refrigerant 

charge size for HFC–32 is approximately 

10–20 percent less than that of R– 

410A.52 As another example, EPA also 

understands that in certain cases, 

remodels or expansions of supermarket 

systems can increase capacity while not 

increasing the refrigerant charge size 

(i.e., effectively using a lower refrigerant 

charge for a greater cooling capacity). 

Such a scenario could be achieved by 

remodeling with display cases that 

operate at a higher evaporator 

temperature to maintain product 

temperatures without changing the 

intended purpose of the refrigeration 

system.53

EPA is proposing a lower threshold 

because applying the requirements to 

more equipment is expected to reduce 

HFC releases from equipment and 

because avoided releases of HFCs from 

leaks would increase the amount of 

HFCs that would be available for 

recovery and reclamation. The AIM Act 

provides a schedule for a phasedown of 

HFCs, as opposed to the phaseout 

directed for ODS under the CAA. 

Therefore, there may be the continued 

introduction of HFC-containing 

equipment indefinitely which is a 

notable difference from the CAA. As 

described more fully in section II.B. of 

this proposal, subsection (h)(1) of the 

AIM Act tasks the Agency with 

promulgating certain regulations, where 

appropriate, for certain purposes, 

including minimizing the release of 

regulated substances from equipment 

and maximizing the reclamation of 

regulated substances. EPA interprets the 

phrase ‘‘where appropriate’’ in 

subsection (h)(1) to provide it discretion 

to reasonably determine how the 

regulations under subsection (h)(1) will 

apply, including by making 

determinations about the charge size 

threshold of equipment that would be 

subject to the leak repair requirements. 

Consistent with its statutory authority, 

EPA is proposing to use a lower 

threshold than the 50-pound threshold 

for ODS-containing appliances under 40 

CFR 82.157 for the leak repair 

requirements to further serve these 

purposes. 

By proposing that the applicable 

charge size for appliances with a 

refrigerant that contains an HFC or a 

substitute for an HFC with a GWP 

greater than 53 to be 15 pounds or more 

of refrigerant, with certain exemptions, 

the universe of affected appliances 

covered by the leak repair requirements 

under subsection (h) would be 

expanded as compared to the universe 

of appliances containing ODS 

refrigerants and subject to the leak 

repair requirements provisions at 40 

CFR 82.157. For example, an applicable 

charge size of 15 pounds or more of a 

refrigerant that contains an HFC or 

substitute refrigerant with a GWP above 

53 is expected to cover certain 

appliances in the following subsectors 

which are typically below the 50-pound 

threshold under 40 CFR 82.157 and thus 

not subject to those provisions: 

• Train air conditioning; 

• Passenger buses (e.g., school, coach, 

transit, and trolley buses); 54

• Refrigerated transport—rail; 

• Large retail food remote condensing 

units (e.g., cold rooms in supermarkets); 

and 

• Large commercial unitary air 

conditioning (e.g., a system for a midsized office building). 

EPA is proposing a 15-pound or more 

refrigerant charge size for appliances 

subject to the subsection (h) leak repair 

requirements based in part on 

consideration of an analysis of 

equipment in applications where HFCs 

or their substitutes are currently being 

used as a refrigerant and where they are 

expected to be used in the coming years. 

EPA conducted an analysis using the 

Vintaging Model to estimate stocks of 

refrigerants used in equipment of 

varying charge sizes. The Vintaging 

Model tracks the transition from ODS to 

substitutes including HFCs by modeling 

the total pieces of equipment and 

average charge sizes—which could vary 

over time based on vintage and the ODS 

or substitute used—from five sectors to 

over 60 subsectors. Doing so allows us 

to bin the pieces of equipment and total 

refrigerant in equipment by charge size. 

A current snapshot of the model’s 

estimates of the installed stock of 

refrigerants that are HFCs and their 

substitutes (excluding ODS refrigerants) 

in 2025 shows that approximately 39 

percent of refrigerants (on a weighted 

CO2e basis) are used in appliances with 

a charge size above 50 pounds. An 

additional 22 percent of installed stock 

are within appliances containing 

between 15 and 50 pounds of 

refrigerant. In evaluating potential 

sources where leak repair could be 

efficacious at reducing releases of 

refrigerant from equipment and changes 


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55The residential and light commercial air 

conditioning subsector includes equipment for 

cooling air in individual rooms, single-family 

homes, and small commercial buildings, including 

both self-contained and split systems. Selfcontained systems include some rooftop AC units 

(e.g., those ducted to supply conditioned air to 

multiple spaces) and many types of room ACs, 

including packaged terminal air conditioners 

(PTACs), some rooftop AC units, window AC units, 

portable room AC units, and wall-mounted selfcontained ACs, designed for use in a single room. 

Split systems include ducted and non-ducted minisplits (which might also be designed for use in a 

single room), multi-splits and variable refrigerant 

flow (VRF) systems, and ducted unitary splits. For 

additional information on the types of equipment, 

see EPA’s website at https://www.epa.gov/snap/ 

substitutes-residential-and-light-commercial-airconditioning-and-heat-pumps. EPA is not 

proposing to codify a regulatory definition for 

residential and light commercial air conditioning 

and heat pumps subsector consistent with the 

foregoing description, but EPA requests comment 

on whether such a regulatory definition would be 

beneficial in resolving any perceived ambiguities. 

56 ‘‘Bus’’ is defined at 40 CFR 1037.801 and 

means ‘‘a heavy-duty vehicle designed to carry 

more than 15 passengers. Buses may include coach 

buses, school buses, and urban transit buses.’’ 

57 Defined at 40 CFR 86.1803–01. 58Chemours, Freon TM Refrigerant for Bus and 

Rail Air Conditioning; available at: https://

www.freon.com/en/industries/stationary-ac-heatpumps/public-transport-ac. 59 ICF, 2016. Technical Support Document for 

Acceptability Listing of HFO–1234yf for Motor 

Vehicle Air Conditioning in Limited Heavy-Duty 

Applications. Available at: https://

www.regulations.gov/document/EPA-HQ-OAR2015-0663-0007. 

60EPA, 2021. Basic Information about the 

Emission Standards Reference Guide for On-road 

and Nonroad Vehicles and Engines. Available at 

https://www.epa.gov/emission-standards-referenceguide/basic-information-about-emission-standardsreference-guide-road. 

in the RACHP market and aftermarket 

over the past few decades, EPA finds it 

appropriate to propose a threshold of 15 

pounds as the applicable charge size of 

appliances that would need to comply 

with leak repair requirements. As a 

general matter, EPA is proposing 15 

pounds as the appropriate charge size 

threshold because at less than 15 

pounds these appliances are 

significantly more likely to be 

hermetically sealed and thus less prone 

to leak, and because appliances with 

less than 15 pounds are also more likely 

to be replaced rather than repaired. 

EPA assessed other refrigerant charge 

sizes for appliances to cover in the 

proposed leak provisions. EPA is 

considering higher alternative 

thresholds for charge sizes such as 30 

pounds and 50 pounds, as well as lower 

alternative thresholds, such as 5 

pounds. For information on the 

estimated costs and emissions 

reductions of the various charge size 

thresholds, please refer to Appendix F 

of the draft TSD titled Analysis of the 

Economic Impact and Benefits of the 

Proposed Rule in the docket for this 

action. As a general matter, EPA 

considered the statutory purposes in 

subsection (h)(1) to maximize the 

reclaiming and minimize the releases of 

regulated substances from equipment 

when setting the threshold for 

appliances covered for the leak repair 

requirements. These purposes guided 

EPA’s considerations in exploring 

different charge sizes; however, 

subsection (h)(1) states for EPA to 

consider promulgating regulations ‘‘as 

appropriate’’ to meet these purposes. 

EPA notes that refrigerant-containing 

appliances with small charge sizes 

(below 15 pounds) may be hermetically 

sealed and less prone to leaks. Further, 

in many cases, these smaller appliances 

(e.g., residential appliances like window 

air conditioning units) are likely to be 

disposed of and replaced rather than 

repaired when they are found to be 

malfunctioning. On the other hand, EPA 

described earlier in this section the 

rationale for proposing the lower charge 

size threshold of 15 pounds as 

compared to a higher charge size (e.g., 

30 or 50 pounds). For example, EPA 

notes that with technological advances 

in some refrigerant-containing 

appliances, similar cooling capacity can 

be achieved with smaller relative charge 

sizes. We are proposing a charge size 

threshold of 15 pounds of refrigerant for 

covered appliances in this action. 

EPA is proposing to exempt from the 

leak repair requirements under 

subsection (h) any refrigerant-containing 

appliance, including those with a 

charge-size at or above 15 pounds, used 

for the residential and light commercial 

air conditioning and heat pumps 

subsector.55 The vast majority of 

appliances in the residential and light 

air conditioning subsector typically 

have a charge size of less than 15 

pounds; however, EPA is proposing 

exemptions in the case that an 

appliance is used within this subsector 

with a charge size of 15 pounds or more. 

These appliances are used in residences 

(but this subsector does not include 

larger centrally-cooled apartment/ 

condominium buildings—where a 

chiller is likely used), and small retail 

and office buildings. Since the majority 

of appliances in this subsector have a 

refrigerant charge below the proposed 

15-pound cutoff for leak repair 

requirements, enforcement of those that 

are above a charge size of 15 pounds 

may be challenging or burdensome. It 

may not be immediately obvious if a 

particular refrigerant-containing 

appliance has a charge size of 15 

pounds or greater without examining it 

more closely. Further, the universe of 

affected appliances could grow 

unevenly if appliances in this subsector 

were included, which could cause 

compliance by owners and operators or 

servicing technicians to become 

cumbersome. EPA’s proposal to exempt 

appliances in this subsector from the 

leak repair requirements would be 

administratively more efficient and less 

burdensome for those that would be 

required to comply. 

The Agency is proposing to require 

leak repair provisions for new and 

existing passenger buses,56 including 

school, coach, transit, and trolley buses 

with charge-sizes at or above 15 pounds. 

The HD category 57 incorporates all 

motor vehicles with a gross vehicle 

weight rating of 8,500 pounds or greater. 

Air conditioning systems used to cool 

passenger compartments in these buses 

mainly use HFC–134a or R–407C,58 and 

are typically manufactured as a separate 

unit that is pre-charged with refrigerant 

and installed onto the vehicle in a 

separate enclosure (e.g., roof mounted). 

The refrigerant charge for these systems 

is also much larger than those for other 

MVAC systems, typically ranging from 

15 to 30 pounds. On the other hand, 

MVAC systems used to cool passenger 

compartments in light-duty, mediumduty, HD on-road and nonroad (off-road) 

vehicles are typically charged during 

vehicle manufacture and the main 

components are connected by flexible 

refrigerant lines. MVAC systems in 

these vehicles typically have charge 

sizes ranging from one to eight pounds 

depending on the manufacturer and cab 

size.59 60 EPA requests comments on the 

proposed extension of the leak repair 

provisions to passenger buses. The 

Agency is particularly interested in 

information, such as any technical 

challenges, maintenance concerns, or 

other issues EPA should consider 

regarding the repair of buses. 

EPA is proposing to stagger the 

proposed compliance dates. Appliances 

containing 50 pounds or more of a 

refrigerant containing an HFC or a 

substitute for an HFC with a GWP above 

53 would be required to comply with 

the provisions on the effective date for 

the final rule. Because these proposed 

requirements are similar to those that 

have been in place for ODS-containing 

appliances at or above a full charge size 

of 50 pounds for some time, EPA is 

proposing to conclude that this is 

sufficient time for regulated entities to 

come into compliance. Further, prior to 

the rescission in 2020 (85 FR 14150, 

March 11, 2020), the final rulemaking 

under CAA section 608 in 2016 (81 FR 

82272, November 18, 2016) applied leak 

repair provisions for HFC-containing 

appliances with a charge size of 50 

pounds or greater. The 2016 CAA 


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section 608 Rule became effective on 

January 1, 2017, and the relevant leak 

repair requirements for HFCs and other 

ODS substitutes (now rescinded) 

applied as of January 1, 2019 (81 FR 

82272, 82356, November 18, 2016). The 

2020 CAA section 608 Rule took effect 

on April 10, 2020 (85 FR 14150, March 

11, 2020). Thus, for over three years 

industry was aware of these 

requirements and affected entities 

should have been complying for more 

than one year before the requirements in 

the 2016 CAA section 608 Rule were 

rescinded. While entities that were no 

longer subject to the leak repair 

requirements after rescission may have 

chosen to no longer comply with those 

requirements after the rescission took 

effect, those entities that were subject to 

the regulatory requirements per the 

2016 CAA section 608 Rule prior to 

rescission would, at a minimum, be 

familiar with these requirements. 

For appliances with a full charge that 

is less than 50 pounds of refrigerant, the 

Agency did not previously require leak 

repair and thus we are proposing 

additional time. EPA is proposing one 

year after the publication date of the 

final rule for appliances with a charge 

size between 15 to 50 pounds of a 

refrigerant containing an HFC or a 

substitute for an HFC with a GWP above 

53 to allow the affected regulated 

community time to familiarize 

themselves with the requirements and 

make preparations to comply with them. 

For example, it is expected that owners 

and operators of affected appliances 

with between 15 and 50 pounds of a 

refrigerant containing an HFC or a 

substitute for an HFC with a GWP above 

53 may need time to learn about the 

updated requirements; determine full 

charges of their appliances; and update 

systems, standard operating procedures, 

and training materials to best implement 

the requirements. Appliances with a full 

charge of between 15 and 50 pounds of 

a refrigerant containing an HFC or a 

substitute for an HFC with a GWP above 

53 that are not exempted would be 

expected to comply as of one year after 

the date of publication for the final rule 

in the Federal Register. EPA 

understands that some appliance 

owners or operators with equipment 

with a charge size between 15 and 50 

pounds of a refrigerant containing an 

HFC or a substitute for an HFC may 

have already been repairing leaks. 

Refrigerant-containing appliance owners 

or operators may choose to repair leaks 

when not required, for example as a way 

to avoid costs associated with 

continually adding refrigerant to 

systems or to avoid any disruption in 

normal operations. However, given 

there was no leak repair requirement for 

this equipment, EPA is unaware 

whether this is true in all or even the 

majority of cases. Further, where 

unrequired leak repair may have been 

occurring, it is not clear whether the 

repairs were sufficient to ensure 

equipment was leaking below the 

applicable leak rates (as established 

under 40 CFR 82.157) or whether the 

repairs were verified and records of the 

repair event were kept. Accordingly, 

these owners and operators may also 

need time to understand the proposed 

requirements and develop practices and 

processes for compliance. 

EPA is seeking comment on all 

aspects of this proposal. In particular, 

the Agency is seeking comment on the 

proposed charge size cutoff of 15 

pounds of refrigerant for equipment that 

contain HFCs or certain substitutes for 

HFCs. As noted previously, EPA is also 

considering using different charge sizes 

as a threshold for the proposed leak 

repair requirements for applicable 

refrigerant-containing appliances, 

including those that are lower (e.g., 5 

pounds) or higher (e.g., 30 pounds). 

While EPA is proposing 15 pounds as 

the charge size cutoff for the leak repair 

provisions, EPA continues to consider 

the option of using a different charge 

size cutoff, such as 5 pounds, 30 

pounds, or 50 pounds, and seeks 

comment on these considerations. 

Further, EPA also seeks comment on its 

proposal to exempt refrigerantcontaining appliances in the residential 

and light commercial air conditioning 

and heat pumps subsector from the leak 

repair requirements. Specifically, EPA is 

seeking whether the scope of this 

exemption is appropriate and if EPA 

should consider exempting refrigerantcontaining appliances in other 

subsectors from the proposed leak repair 

requirements. While EPA is proposing 

that refrigerant-containing appliances 

with a full charge between 15 and 50 

pounds subject to the leak repair 

requirements under 40 CFR part 84 

would have a compliance date of one 

year after the date of publication for the 

final rule in the Federal Register, the 

Agency is considering alternative 

compliance dates including January 1, 

2025, or 18 months from the date of 

publication of the final rule. EPA is 

seeking comment on the proposed 

compliance dates for the proposed leak 

repair requirements, and in particular, 

allowing additional time for appliances 

with a refrigerant charge size of between 

15 and 50 pounds. In particular, EPA 

seeks information about activities 

(besides rule familiarization and 

applicability determinations) that 

owners or operators of refrigerantcontaining appliances with a refrigerant 

charge size of between 15 and 50 

pounds perceive that they would need 

to engage in prior to the effective date 

of the rule, the length of time the 

commenter estimates the activity would 

take, and any available information that 

would substantiate that estimate. For 

example, EPA seeks comment on 

whether they would need to modify or 

initiate a contractual relationship with a 

servicing technician firm, the length of 

time that would take, and information to 

substantiate that estimate if available. 

3. What leak repair provisions is EPA 

proposing? 

EPA is proposing leak repair 

requirements under subsection (h) to 

achieve the purposes of minimizing 

releases and maximizing the 

reclamation of regulated substances by 

controlling practices, processes, and 

activities related to the servicing, repair, 

or disposal of equipment that contains 

regulated substances and/or their 

substitutes (whether the regulated 

substance or the substitute is used neat 

or in blends). These requirements are 

being proposed as part of implementing 

subsection (h)(1) of the AIM Act, as 

these provisions would control 

practices, processes, or activities 

regarding servicing or repair of 

appliances, which are a type of 

equipment, and would involve a 

regulated substance or a substitute for a 

regulated substance. 

As described in section IV.C.2.a. and 

b., these leak repair requirements would 

apply to refrigerant-containing 

appliances with a charge size of 15 

pounds or more where the refrigerant 

contains an HFC or a substitute for an 

HFC with a GWP greater than 53. As 

noted in section II.B., subsection (h)(3) 

provides that EPA may coordinate 

regulations under this authority with 

other regulations promulgated by the 

Agency that involve: ‘‘the same or a 

similar practice, process, or activity 

regarding the servicing, repair, disposal, 

or installation of equipment; or . . . 

reclaiming.’’ 

EPA reviewed the regulations 

promulgated under CAA section 608 

addressing the same or similar practice, 

processes or activities as addressed in 

this proposal to consider the extent 

appropriate to coordinate requirements 

in those regulations with those 

proposed in this action. Specifically, 

EPA reviewed the leak repair 

requirements at 40 CFR 82.157, which 

do not apply to appliances containing 

HFCs or their substitutes. The leak 

repair provisions under CAA section 


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72240 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

608 contain requirements for practices, 

processes, and activities related to 

identifying and repairing leaks in 

appliances that contain ODS. These 

practices, processes, and activities are 

applicable to appliances containing 

HFCs as, in many cases, the same types 

of appliances (e.g., chillers, rooftop air 

conditioning units, supermarket 

systems, etc.) are used since HFCs are a 

substitute for ODS. EPA is not 

proposing new requirements in this 

action where the provisions in 40 CFR 

part 82, subpart F already apply to 

appliances containing HFCs and certain 

substitutes. EPA notes that there are 

existing recordkeeping requirements 40 

CFR 82.156(a)(3) for technicians 

evacuating refrigerant from appliances 

with a full charge of more than 5 and 

less than 50 pounds of refrigerant for 

purposes of disposal of that appliance. 

EPA is not reopening any of the 

provisions in 40 CFR part 82 in this 

action, and thus, the Agency is not 

proposing any changes to the referenced 

recordkeeping requirements. Further, 

the Agency does not view these 

recordkeeping requirements as being in 

conflict with the proposed leak repair 

requirements nor does the Agency view 

them as redundant. EPA notes that the 

bulk of the appliances covered by the 

recordkeeping requirements at 40 CFR 

82.156(a)(3) are residential air 

conditioning appliances, which would 

be exempt from the proposed leak repair 

provisions in this proposed action. 

These records are used to assess 

technicians’ compliance with the 

disposal requirements for 5 to 50 pound 

appliances under 40 CFR part 82 

subpart F and are not related to the 

owner/operator’s compliance with the 

leak repair requirements. 

As described in greater detail in the 

following sections, the proposed leak 

repair provisions would require action if 

an appliance has been found to be 

leaking above the applicable leak rate 

threshold. The proposed leak repair 

provisions would generally not 

necessitate any specific action for 

appliances that are not leaking above 

the applicable leak-rate threshold, 

although the leak rate calculations and 

certain recordkeeping requirements 

would apply to appliances that are not 

leaking above the threshold. While EPA 

is proposing to adopt the same 

applicable leak rates for the leak repair 

requirements under subsection (h) as 

applies under 40 CFR 82.157, as 

described in section IV.C.3.b. of this 

preamble, EPA is proposing 

requirements for identifying and 

potentially repairing leaks sooner (see 

section IV.C.4. of this preamble for 

proposed requirements for ALD 

systems). 

a. Leak Rate Calculations 

EPA is proposing to adopt 

requirements for leak rate calculations 

as part of the proposed leak repair 

requirements under subsection (h). 

Under these proposed requirements, 

refrigerant-containing appliances with a 

charge size of 15 pounds or more of a 

refrigerant that contains an HFC or a 

substitute for and HFC with a GWP 

above 53 would require a leak rate 

calculation, if the appliance is found to 

be leaking. Accordingly, under 

subsection (h), EPA is proposing to 

require that the leak rate of covered 

appliances be calculated every time 

refrigerant is added to an appliance, 

unless the addition is made 

immediately following a retrofit, 

installation of a new appliance, or 

qualifies as a seasonal variance, as 

described in this and subsequent 

sections. 

In this action, EPA is not proposing to 

require the repair of all leaks, but rather 

to require repair of leaks such that the 

appliance is below the applicable leak 

rate threshold. Thus, calculation of the 

leak rate is necessary to determine 

where further action (i.e., repair) is 

required, since owners or operators may 

not be able to determine compliance 

without calculating the leak rate each 

time refrigerant is added to the 

appliance. For example, if an appliance 

owner adds refrigerant to the appliance 

but does not calculate the leak rate, the 

owner would have no means of 

determining if the appliance’s leak rate 

was below the applicable leak rate 

threshold. Hence, the owner would not 

know if further action was warranted. 

The leak rate calculation is an important 

step for owners and operators to 

determine if a leak must be repaired and 

to the applicable leak rate threshold to 

which it would need to be repaired (as 

discussed in section IV.C.3.b). EPA 

considers that the leak rate calculation 

provisions under 40 CFR 82.157(b) are 

appropriate for the refrigerantcontaining appliances proposed in this 

action and is proposing to establish 

analogous requirements for equipment 

covered under the subsection (h) leak 

repair provisions. 

EPA is proposing two methods for 

calculating the leak rate for an 

applicable appliance under subsection 

(h) in this action: the annualizing 

method and the rolling average method. 

These leak rate calculation methods are 

described in section IV.A.1. This 

approach of providing two different 

methods for calculating the leak rate, as 

well as the specific leak rate calculation 

methods proposed, are the same as 

those described and provided in 40 CFR 

part 82, subpart F. EPA is proposing that 

these two methods could be used 

similarly to how they can be used under 

subpart F. Based on EPA’s experience 

under subpart F, there are advantages in 

the flexibility provided by having two 

different methods. The strength of the 

annualizing method is that it is future 

oriented and allows the owner or 

operator to ‘‘close out’’ each leak event 

so long as the requirements are followed 

and does not lump past leak events with 

the current leak event. It considers the 

amount of time since the last refrigerant 

addition and then scales that up to 

provide a leak rate that projects the 

amount of refrigerant lost over a whole 

year if the leak is not fixed. As a result, 

this formula will yield a higher leak rate 

for smaller leaks if the amount of time 

since the last repair was shorter. This 

approach can contribute to minimizing 

the releases of HFCs or their substitutes 

by requiring more thorough leak 

inspections and verified repairs sooner. 

The rolling average method also has its 

strengths. It accounts for all refrigerant 

additions over the past 365 days or 

since the last successful follow-up 

verification test showing that all 

identified leaks were successfully 

repaired (if less than 365 days). If an 

owner or operator verifies all identified 

leaks are repaired, this method would 

also allow an owner or operator to 

‘‘close out’’ a leak event. If there is no 

follow-up verification test showing that 

all identified leaks were successfully 

repaired within the last year, the leak 

rate would be based completely on 

actual leaks in the past year. This 

retrospective approach measures actual 

performance and if leaks are identified 

and fixed quickly, an appliance may 

never reach the applicable leak rate, 

thus limiting and minimizing the 

releases of HFCs or their substitutes 

from leaks. 

In the 2016 CAA section 608 Rule (81 

FR 82272, November 18, 2016), EPA 

finalized that the same leak rate 

calculation must be used for all 

appliances at the same facility for 

appliances subject to the CAA leak 

repair provisions. EPA is proposing to 

similarly require that the same method 

of leak rate calculation be used for all 

refrigerant-containing appliances at the 

same facility for appliances subject to 

the proposed leak repair provisions in 

this action. This aspect of the proposal 

helps ensure that the requirements are 

followed consistently at a facility. As 

noted above, having the option to 

choose between one of two 

methodologies to calculate the leak rate 


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provides flexibility to the owners and 

operators of affected refrigerantcontaining appliances. However, once a 

method is chosen, it is necessary for the 

owner or operator to continue using the 

same methodologies so leak rates are 

consistently calculated for the 

appliances. The two methods use two 

different paradigms to determine leak 

rate—one is forward-looking/predictive, 

while the other is looking back/ 

retrospective. If an owner or operator 

were to switch between methods, they 

would not get an accurate calculation 

(because the time frame being evaluated 

would be different in each method). 

In either methodology of calculating 

the leak rate, EPA is proposing that 

when calculating the leak rate, any 

purged refrigerant that is destroyed 

would not be counted towards the leak 

rate. To qualify for this exemption, the 

purged refrigerant would be required to 

be destroyed at a verifiable destruction 

efficiency of 98 percent or greater. 

EPA is seeking comment on all 

aspects of its proposal related to leak 

rate calculations under subsection (h). 

EPA is particularly requesting comment 

on if there are any alternative leak rate 

calculations that could be conducted to 

identify whether a system is leaking 

above the applicable trigger leak rate. 

EPA is also requesting comment on 

calculating the amount of refrigerant 

lost, without having to add refrigerant, 

as a means of calculating the leak rate. 

For example, an owner or operator 

could evacuate all of the refrigerant 

from an appliance, weigh it, and 

compare it to the full charge of the 

appliance. Alternatively, EPA is aware 

that certain types of ALD systems can 

infer the amount of refrigerant that has 

leaked from an appliance based on 

operating characteristics (more detail in 

section IV.C.4. of this preamble) and 

EPA is seeking comment on the 

feasibility and technical accuracy of 

using the amount of refrigerant that 

such a system identifies as having been 

lost from the appliance in the leak rate 

calculation, as a means of identifying 

the leak rate. 

b. Requirement To Repair Leaks, Timing 

and Applicable Leak Rates 

EPA is proposing to establish a 

number of requirements related to the 

repair of leaks under subsection (h) 

related to determining when a leak 

needs to be repaired, the extent of the 

repair required, and the timing of such 

repairs. EPA is proposing to establish 

timing requirements for the repair of 

leaks in refrigerant-containing 

appliances with a charge size of 15 

pounds or more with a refrigerant that 

contains an HFC or a substitute for an 

HFC with a GWP above 53. Under this 

proposal, owners or operators would be 

required to identify and repair leaks 

within 30 days (or 120 days if an 

industrial process shutdown is required) 

of when refrigerant is added to an 

appliance that has exceeded the 

applicable leak rate. These proposed 

timing requirements are consistent with 

those requirements found at 40 CFR 

82.157(d) to repair leaks for ODScontaining equipment. Repairing leaks 

in a timely manner helps serve the 

purposes identified in subsection (h)(1). 

For example, timely repair is critical to 

reducing the emissions of refrigerants 

from leaking appliances, and thus to 

minimizing releases of HFCs from 

equipment. In addition, by repairing 

leaks in a timely manner, additional 

HFC refrigerant will be subsequently 

available for reclamation, which 

supports maximizing reclaiming of 

HFCs. Also, equipment that is in good 

repair, is better able to operate in an 

efficient manner. 

In some unforeseen circumstances, 

repair of leaks may require additional 

time beyond that of the proposed 

timeframe. EPA is proposing that 

extensions may be available for owners 

or operators to repair leaks if certain 

conditions are met, which would further 

serve the purposes identified in 

subsection (h)(1) of ensuring the safety 

of technicians and/or minimizing the 

release of regulated substances. Among 

these conditions, EPA is proposing that 

one or more must be met to qualify for 

additional time. Extensions for the leak 

repair would be available if the 

appliance is located in an area subject 

to radiological contamination or 

shutting down the appliance will 

directly lead to radiological 

contamination. EPA is proposing that in 

this case, additional time would be 

permitted to the extent necessary to 

complete the repairs in a safe working 

environment. An extension would also 

be available to owners or operators if the 

requirements of any other Federal, state, 

local, or Tribal regulations would make 

a repair within 30 days (or 120 days if 

an industrial process shutdown is 

required) impossible. Additional time 

would be permitted to the extent needed 

to comply with the applicable 

regulations. EPA is also proposing there 

would be extensions available if 

components must be replaced as a part 

of the repair and they are not available 

within the leak repair timeframe of 30 

days (or 120 days if an industrial 

process shutdown is required). In this 

case, additional time would be 

permitted of up to 30 days after 

receiving the needed component, and 

the total extension could not exceed 180 

days (or 270 days if an industrial 

process shutdown is required) from the 

date of the appliance exceeded the 

applicable leak rate. In all cases of 

potential extensions to the leak repair 

timeframe, an owner or operator would 

still be required to repair leaks that the 

technician has identified as significantly 

contributing to the exceedance of the 

applicable leak rate and that do not 

require additional time and verify those 

repairs within the initial 30 days (or 120 

days if an industrial process shutdown 

is required). Owners or operators would 

also be required to document all repair 

efforts and provide a reason for the 

inability to repair the leak within the 

initial 30-day (or 120-day if an 

industrial process shutdown is required) 

time period. All extension requests must 

be submitted electronically in a format 

specified by EPA and include pertinent 

information as described in the 

proposed regulatory text at § 84.106. 

EPA is proposing that a leak is 

presumed to be repaired if there is no 

further addition of refrigerant to the 

equipment for 12 months after the repair 

or if there are no leaks identified by 

either the required periodic leak 

inspection(s) or an ALD system, where 

applicable. Further information on the 

proposed requirements for ALD systems 

are described in section IV.C.4. While 

EPA is proposing to require ALD 

systems for certain equipment, there 

may be some cases where an owner or 

operator chooses to use ALD systems for 

equipment where it is not required. 

Whether use of the ALD system is due 

to requirements as proposed in section 

IV.C.4. or used as a compliance option 

in lieu of leak inspections (see section 

IV.C.3.d.) for a specific appliance, if the 

ALD system detects a leak in the 12- 

month period after a successful leak 

repair, the leak repair would be 

presumed to have subsequently failed 

unless the owner or operator can 

document that the ALD system leak 

detection was due to a new leak 

unrelated to the previously repaired 

leak. Such documentation would 

include but not be limited to the records 

required to be kept under proposed 40 

CFR 84.108(i). Additional information 

on leak inspections is described in 

section IV.C.3.d. If an appliance is 

mothballed, EPA is proposing that the 

timeframe for repair, inspections, and 

verification tests would be temporarily 

suspended and resume when additional 

refrigerant is added to the appliance (or 

component of an appliance is the 

leaking component was isolated). 

As noted earlier, under the CAA 

section 608 implementing regulations at 

40 CFR 82.157, specific leak rates are 


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61For more details on this analysis see 81 FR 

82272, 82317; Technical Support Document: 

Analysis of the Economic Impact and Benefits of 

Final Revisions to the National Recycling and 

Emission Reduction Program, September 2, 2016, 

available at https://www.regulations.gov/document/ 

EPA-HQ-OAR-2015-0453-0225. 

62 Docket No. EPA–HQ–OAR–2015–0453. 

63For further information, please see the 

discussion in the 2016 CAA section 608 rule at 81 

FR 82272, 82317 and the technical support 

document, Analysis of the Economic Impact and 

Benefits of Final Revisions to the National 

Recycling and Emission Reduction Program, 

available in the docket for the 2016 CAA section 

608 rulemaking (EPA–HQ–OAR–2015–0453). 

64EPA held stakeholder meetings for public input 

on November 9, 2022 and March 16, 2023 as well 

as solicited feedback through a webinar for the EPA 

GreenChill Partnership program on April 12, 2023. 

used to determine whether a repair is 

needed for an appliance and also the 

degree to which the leak must be 

repaired, as leaks must be repaired if the 

appliance exceeds the applicable leak 

rate (which varies depending on the 

type of appliance) and must be repaired 

such that the leak rate is brought below 

the applicable leak rate. See 40 CFR 

82.157(c) and (d). For the leak repair 

requirements under subsection (h), EPA 

is proposing to use a similar approach 

for determining when leaks must be 

repaired and the degree to which they 

must be repaired. EPA is also proposing 

to apply the same applicable leak rates 

for certain types of refrigerantcontaining appliances covered in this 

proposal that contain HFCs or their 

substitutes as would apply to the same 

types of appliances under 40 CFR 

82.157(c) if it contained an ODS 

refrigerant. Thus, EPA is proposing that 

the applicable leak rates for refrigerantcontaining appliances with a charge size 

of 15 pounds or more with a refrigerant 

that contains an HFC or a substitute for 

an HFC with a GWP above 53 would be 

as follows: 

• 20 percent leak rate for commercial 

refrigeration equipment; 

• 30 percent leak rate for IPR 

equipment; and 

• 10 percent leak rate for comfort 

cooling appliances or other refrigerantcontaining appliances not covered as 

commercial or industrial refrigeration 

equipment. 

EPA is proposing that these 

applicable leak rates per the type of 

appliance are appropriate for the 

proposed leak repair provisions in this 

action under subsection (h) of the AIM 

Act. The applicable leak rates were 

established to limit and minimize the 

releases of ODS refrigerant and were 

updated to be more stringent in the 2016 

CAA section 608 Rule (81 FR 82272, 

November 18, 2016). EPA is proposing 

to adopt applicable leak rates that 

mirror those that are currently in effect 

for ODS-containing appliances under 

the 2016 CAA section 608 Rule. These 

rates were in effect for appliances 

containing 50 or more lbs of HFCs for 

a period of time, and, after reviewing 

the information and analysis that 

supported application of these leak rates 

to that HFC equipment, EPA has 

determined it is appropriate to propose 

them in this action. These applicable 

leak rates are relevant for minimizing 

releases of HFCs from refrigerantcontaining appliances that contain 

HFCs. This proposal draws on EPA’s 

experience implementing similar 

requirements under section 608, where 

these thresholds have provided a 

practical and effective method for 

determining when leaks must be 

repaired. EPA notes in support of the 

2016 CAA section 608 Rule, EPA 

reviewed data from the lowest-emitting 

equipment to gauge technological 

feasibility and then reviewed other 

datasets.61 The Agency considered 

whether a lower percent leak rate for 

some, or all of the categories of 

appliances would be more appropriate 

to propose in this rulemaking for those 

that use refrigerants that contain HFCs 

and/or substitutes for HFCs. EPA notes 

that, as a general matter, equipment in 

good repair is typically able to operate 

more efficiently. EPA reviewed the 

docket for the 2016 CAA section 608 

Rule, which lowered the applicable leak 

rates for each of the appliance 

categories.62 63 In that action, EPA 

evaluated leak rate data of appliances in 

each of the applicable categories to 

determine the appropriate applicable 

leak rates. EPA also reviewed 

information from stakeholders shared 

during public meetings held in the 

development of this proposal.64 EPA is 

proposing to use the same applicable 

leak rates for each category of 

appliances as found under 40 CFR 

82.157. While EPA is not proposing 

changes to the applicable leak rates for 

categories of refrigerant-containing 

appliances as they involve HFCs and 

covered substitutes for HFCs, the 

Agency notes that we could revisit the 

applicable leak rates as appropriate to 

support the overall purposes of 

subsection (h) of the AIM Act. 

This proposal includes refrigerantcontaining appliances with charge sizes 

that are below the 50-pound charge size 

threshold for ODS-containing 

appliances under 40 CFR 82.157. As 

discussed in section IV.C.2., EPA is 

proposing to apply leak repair 

requirements to appliances using an 

HFC and/or a substitute for HFCs as a 

refrigerant (neat or in blends) based on 

a charge size threshold of 15 pounds or 

greater, with certain exceptions as 

discussed in section IV.C.2.a. above. 

EPA is proposing to use the same leak 

rate across categories of equipment for 

all covered appliances. In other words, 

a 20 percent leak trigger rate would 

apply for commercial refrigeration 

equipment with a full charge size of 15 

pounds or more, and a 10 percent trigger 

leak rate would apply for comfort 

cooling appliances with a full charge 

size of 15 pounds or more. 

Refrigerant-containing appliances 

with 15–50 pounds of refrigerant in the 

applicable subsectors are proposed to be 

covered by the appropriate listed 

categories and with the applicable 

trigger leak rates. For refrigerantcontaining appliances in certain 

subsectors and applications that have 

not been previously covered under 40 

CFR 82.157, as noted in section 

IV.C.2.b., EPA is proposing 

determinations for the applicable leak 

rates. For refrigerated transport—rail, 

EPA is proposing that this application 

would be considered under the comfort 

cooling and other appliances category 

and have an applicable leak rate of 10 

percent. 

EPA is seeking comment on all 

aspects of this proposal and in 

particular on the proposed applicable 

leak rates for appliances in the 

subsectors and applications noted in 

section IV.C.2.b. of this proposal. EPA is 

also seeking comment on its proposal to 

include an explicit presumption that a 

leak is presumed to be repaired if one 

of the listed conditions is met, such as 

there being no further addition of 

refrigerant to the equipment for 12 

months after the repair. While a similar, 

though not identical, presumption is 

included in similar regulations under 

section 608 of the CAA, EPA is also 

proposing to include a definition of 

‘‘repair’’ to the regulatory provisions 

under subsection (h), which is not a 

defined term in the regulations under 

CAA section 608. EPA is particularly 

interested in comments on whether the 

presumption is necessary or helpful, if 

the proposed definition of ‘‘repair’’ is 

finalized. 

c. Verification Testing 

EPA is proposing requirements for 

initial and follow-up verification for 

refrigerant-containing appliances with a 

charge size of 15 pounds or more of a 

refrigerant that contains an HFC or a 

substitute for an HFC with a GWP above 

53 as a part of the proposed leak repair 

provisions under subsection (h). 

Verification testing involves important 

practices, processes, and activities 

regarding the repair and servicing of 

equipment. The tests are performed 

shortly after an appliance has been 


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repaired to confirm that the leak has 

been successfully repaired. Without the 

verification tests, it may take additional 

time for the owner or operator to realize 

that the repair has been unsuccessful 

and during that time refrigerant could 

continue to leak from the appliance. 

EPA is proposing that the verification 

tests must be performed for all leak 

repairs to ensure that the leak repair is 

done correctly the first time, which 

would help minimize any releases of 

HFCs from the appliance, and also help 

maximize HFCs available for eventual 

reclamation by limiting such releases. 

Thus, as part of the proposed 

requirements for leak repair verification 

tests under subsection (h), an owner or 

operator would be required to conduct 

initial and follow-up verification tests 

within specified timeframes on each 

leak that is repaired. The initial 

verification test would be required to be 

performed within 30 days (or 120 days 

if an industrial process shutdown is 

required) of an appliance exceeding the 

applicable leak rate and must 

demonstrate that leaks are repaired, 

where a repair attempt was made. The 

initial verification test is to verify that 

the leak has been repaired prior to 

adding refrigerant back into the 

appliance and the follow-up verification 

test confirms that the repair held after 

refrigerant has been added and the 

appliance has been brought back to 

normal operating characteristics. The 

follow-up verification test would be 

required to be conducted within 10 days 

of a successful initial verification test or 

10 days after the appliance has returned 

to normal operating conditions (if the 

appliance or isolated component of the 

appliance was evacuated to perform 

repairs). EPA is proposing that the 

follow-up verification test is necessary 

to confirm that the leak repair has held 

after the refrigerant-containing 

appliance has been recharged, 

pressurized, and returned to normal 

operating conditions. Thus, these 

provisions are proposed in this action to 

ensure leaks are properly repaired and 

to ensure emissions are minimized. EPA 

also notes that this process of 

performing an initial verification test 

and a follow-up verification test has 

been a part of the similar leak repair 

provisions for affected ODS-containing 

equipment under CAA section 608. For 

additional discussion on the 

terminology, timing, and purposes 

associated with the verification tests in 

detail in the context of the requirements 

under CAA section 608, please refer to 

the 2016 CAA section 608 Rule (81 FR 

82272, 82324, November 18, 2016). 

EPA is also considering that in some 

cases, a follow-up verification test is 

impossible; for example, when it would 

be unsafe to be present when the system 

is at normal operating characteristics 

and conditions. Under subsection (h), 

EPA is proposing language to address 

such situations. This approach helps 

serve the purpose identified in 

subsection (h)(1) of ensuring technician 

and consumer safety. EPA is proposing 

that where it is unsafe to be present or 

otherwise impossible to conduct a 

follow-up verification test when it 

would be unsafe to be present when the 

system is at normal operating 

characteristics and conditions the 

follow-up verification test must, where 

practicable, be conducted prior to the 

system returning to normal operating 

characteristics and conditions. In such 

situations, the owner or operator has the 

burden of showing that it was unsafe to 

be present when the system is at normal 

operating characteristics and conditions. 

EPA requests comment on whether 

there should be a recordkeeping 

requirement associated with 

establishing that it is unsafe to be 

present or otherwise impossible to 

conduct a follow-up verification test on 

the system has been returned to normal 

operating conditions. 

EPA understands these initial and 

follow-up verification tests after an 

attempted repair of a leak as involving 

important practices, processes, and 

activities regarding the repair of 

equipment within the proposed leak 

repair provisions. These proposed 

requirements are designed to help 

ensure that leaks are repaired 

successfully and that the repair holds, 

so that repair has the intended effect of 

limiting emissions of HFCs or 

substitutes for HFCs from the appliance. 

EPA is proposing that if the initial or 

follow-up verification test indicates that 

a leak repair had not been successful, 

the owner or operator may conduct as 

many additional repairs and initial or 

follow-up verification tests as needed to 

achieve a successful leak repair within 

the applicable time period and to verify 

the repairs. 

EPA is requesting comment on all 

aspects of this rulemaking. In particular, 

EPA is requesting comment on the 

applicable leak rates for each category 

for refrigerant-containing appliances. 

EPA is also requesting comment on the 

timing by which the initial and followup verification tests must be performed 

as a part of the proposed leak repair 

provisions. 

d. Leak Inspections 

EPA is proposing requirements for 

leak inspections as a part of the 

proposed leak repair requirements 

under subsection (h). These leak 

inspection requirements would apply to 

refrigerant-containing appliances that 

have been found to be leaking at a rate 

that exceeds the applicable leak rate per 

the appliance type. In particular, the 

proposed leak inspection requirements 

involve processes, practices, and 

activities regarding the repair of 

refrigerant-containing appliances that 

are designed to ensure the long-term 

effectiveness of a successful leak repair. 

Thus, the proposed requirements would 

help minimize any releases of HFCs 

from equipment over time and also help 

maximize HFCs available for eventual 

reclamation by limiting such releases. 

EPA is proposing that leak 

inspections would be required for 

refrigerant-containing appliances with a 

charge size of 15 pounds or more of a 

refrigerant that contains an HFC or a 

substitute for an HFC with a GWP 

greater than 53 that are found to be 

leaking above the applicable leak rate 

and have had one or more leaks 

repaired. Leak inspection frequency 

would be dependent on the type of 

appliance and the size of the appliance 

(by refrigerant charge size). As described 

in greater detail later in this section, an 

ALD system that is being used to 

monitor an appliance or portions of an 

appliance may be used as a compliance 

option in lieu of quarterly or annual 

leak inspections, whether the ALD 

system is required to be used under 

requirements in this proposal or the 

ALD system is used voluntarily on an 

appliance where it would not be 

required under this proposal. Where an 

ALD system is not being used on an 

appliance or on portions of an 

appliance, all leak inspection 

requirements proposed would be 

required for the appliance or the 

portions of the appliance that are not 

being monitored by an ALD system. If 

an ALD system is being used to comply 

with the leak inspection requirements 

for an appliance or portions of an 

appliance (per proposed regulatory 

requirement or voluntarily), certain 

regulatory requirements must be met as 

proposed (see section IV.C.4.). 

For commercial refrigeration and IPR 

appliances that have a charge size of 500 

pounds or more of a refrigerant that 

contains an HFC or a substitute for an 

HFC with a GWP greater than 53, EPA 

is proposing that leak inspections be 

performed every three months after the 

equipment is found to be leaking above 

the applicable leak rate until the owner 

or operator can demonstrate that the 

equipment has not exceeded the 

applicable leak rate for four consecutive 

quarters. For commercial refrigeration 

and IPR appliances that have a charge 

size between 15 and 500 pounds of a 


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refrigerant that contains an HFC or a 

substitute for an HFC with a GWP 

greater than 53, EPA is proposing that 

leak inspections be performed once per 

calendar year after the equipment is 

found to be leaking above the applicable 

leak rate until the owner or operator can 

demonstrate that the equipment has not 

exceeded the applicable leak rate for 

one year (i.e., 12 months). For comfort 

cooling and other appliances that have 

a charge size of 15 pounds or above of 

a refrigerant that contains an HFC or a 

substitute for an HFC with a GWP above 

53, EPA is proposing that leak 

inspections be performed once per 

calendar year after the equipment is 

found to be leaking above the applicable 

leak rate until the owner or operator can 

demonstrate that the equipment has not 

exceeded the applicable leak rate for 

one year (i.e., 12 months). In each case, 

to demonstrate that the equipment has 

not exceeded the applicable leak rate, a 

leak rate calculation is done during a 

leak inspection as described in section 

IV.C.3.a. of this proposal. EPA is 

proposing that it is appropriate to 

require more frequent leak inspections 

for larger commercial refrigeration and 

IPR appliances (i.e., charge sizes at or 

above 500 pounds), as the larger charge 

size means that potential emissions 

from the appliance are greater if a leak 

is not properly repaired. 

In this action, EPA is also separately 

proposing requirements for the use of 

ALD systems for commercial 

refrigeration and IPR appliances that 

have a charge size of 1,500 pounds or 

more of refrigerant that contains an HFC 

or a substitute for an HFC with a GWP 

above 53 (see section IV.C.4. of this 

proposal). Where ALD systems would 

be required to monitor leaks in 

appliances, EPA is proposing that leak 

inspections for the appliances would be 

required after exceeding the applicable 

leak rate and undergoing a repair only 

for the portions of the appliance that are 

not being monitored by the ALD system 

(e.g., if part of the appliance is not in an 

enclosed space). This proposal is based 

on an understanding that where the 

ALD system is monitoring the 

appliance, it serves the function of 

monitoring for leaks. Thus, a 

requirement for performing periodic 

leak inspections on those portions of the 

appliance would be unneeded. EPA 

considers the leak inspections that are 

proposed for codification at 40 CFR 

84.106(g) and the requirements related 

to ALD systems that are proposed for 

codification at 40 CFR 84.108 to be 

separate. That is to say, EPA would be 

proposing these leak inspections 

irrespective of any mandatory ALD 

system requirement and vice versa. 

However, recognizing that some 

equipment could be subject to both 

requirements, if both proposals are 

finalized, to help coordinate the 

requirements, EPA is proposing a 

limited exception to the quarterly and 

annual leak inspection requirements if 

ALD systems are being used and meet 

certain requirements. This proposed 

limited exception is intended to allow 

the use of the ALD system in those 

circumstances to serve as a compliance 

option for the leak inspection 

requirement. 

For further information and 

requirements related to ALD systems 

proposed in this action, refer to section 

IV.C.4. Likewise, EPA is proposing that 

if an owner or operator is voluntarily 

using an ALD system to monitor leaks 

in a refrigerant-containing appliance 

that would not be subject to the 

proposed requirement to use an ALD 

system (e.g., the equipment has a charge 

size below 1,500 pounds), any periodic 

leak inspections would only need to be 

performed after the applicable leak rate 

is exceeded for the portions of the 

appliance where the ALD system is not 

monitoring for leaks. Again, where the 

ALD system is monitoring the 

appliance, it would serve the function of 

monitoring for leaks in the equipment, 

and periodic inspections on those 

portions of the equipment would be 

unneeded. EPA is also proposing that, 

where an appliance exceeds the 

applicable leak rate, an owner or 

operator may choose to use an ALD 

system, where not required under 

proposed requirements in section 

IV.C.4. (i.e., for certain appliances with 

a charge size below 1,500 pounds), as a 

compliance option in lieu of the 

proposed requirements for periodic leak 

inspections. However, leak inspections 

would need to be performed for the 

portions of the appliance where the 

ALD system is not monitoring for leaks. 

Where an owner/operator wishes to use 

an ALD system in lieu of proposed 

regulatorily required leak inspections, 

the ALD system needs to meet the 

requirements established elsewhere in 

this proposal (including annual ALD 

system audit and calibration 

requirements). The owner or operator 

would be required to follow certain 

reporting and recordkeeping 

requirements to show the ALD system is 

meeting the intended functionality and 

monitoring leaks effectively (as 

described in section IV.C.4.b.). 

EPA is requesting comment on all 

aspects of this proposal. In particular, 

EPA is seeking comment on the 

proposed requirements for leak 

inspection. EPA welcomes comment on 

the frequency of leak inspections 

required based on the charge size of the 

equipment as well as the use of ALD 

system (whether required as part of this 

proposal or not) to satisfy the 

requirements for leak inspections. 

e. Chronically Leaking Appliances 

As part of the proposed leak repair 

provisions under subsection (h), EPA is 

proposing to include specific 

requirements for refrigerant-containing 

appliances with a charge size of 15 

pounds or more of a refrigerant that 

contains an HFC or a substitute for an 

HFC with a GWP above 53 that EPA 

would consider as chronically leaking. 

The proposed requirements are 

designed to gather information and 

support efforts to address such chronic 

leaks, which would have the effect of 

further minimizing emissions from 

equipment. 

As discussed in section IV.C.2. above, 

under this proposal, covered appliances 

include refrigerant-containing 

appliances with charge sizes of 15 

pounds or more of a refrigerant that 

contains an HFC or a substitute for an 

HFC with a GWP above 53. EPA is 

proposing that an appliance would be 

considered a chronically leaking 

appliance if the appliance leaks 125 

percent or more of its full charge within 

a calendar year. The proposed 

requirements for chronically leaking 

appliances are similar, but not identical 

to, analogous requirements under 

82.157(j). For such chronically leaking 

appliances, owners and operators are 

required to submit reports describing 

the efforts taken to identify leaks and 

repair the appliance. Under subsection 

(h), EPA is proposing to establish a 

reporting requirement for covered 

appliances that are considered 

chronically leaking. 

To better serve the purposes of 

minimizing releases of regulated 

substances and allow EPA to more 

easily verify the information being 

reported, EPA is proposing to 

standardize the reporting format for 

chronically leaking appliances. EPA is 

proposing that the reports must be 

submitted no later than March 1 

following the calendar year of the ≥125 

percent leak. EPA is proposing that 

these reports cover basic identification 

information (i.e., owner name, facility 

name, facility address where appliance 

is located, and appliance ID or 

description), appliance type (comfort 

cooling, IPR, or commercial 

refrigeration), refrigerant type, full 

charge of appliance (pounds), annual 

percent refrigerant loss, dates of 

refrigerant addition, amounts of 

refrigerant added, date of last successful 


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follow-up verification test, explanation 

of cause of refrigerant losses, repair 

actions taken, and whether a retrofit or 

retirement plan been developed for the 

appliance, and, if so, the anticipated 

date of retrofit or retirement. EPA 

proposes that these reports be submitted 

electronically in a format specified by 

EPA. EPA anticipates that the 

information in these reports would 

either be contained in the records EPA 

is proposing that owner or operators 

would be required to maintain, or they 

are the type of information that would 

be on hand during the ordinary course 

of business. Because of the amount of 

refrigerant emitted, chronically leaking 

appliances warrant special attention. 

These reporting requirements for 

chronically leaking equipment are 

designed to help ensure that owner or 

operators are complying with the leak 

repair provisions and that they have 

taken appropriate steps to identify the 

leaks and correct the root cause of those 

leaks. These reports would allow EPA to 

evaluate compliance with the regulatory 

requirements and to identify entities 

that may benefit from compliance 

assistance and other outreach efforts. 

These reports would also allow EPA to 

assess common root causes for 

appliances that chronically leak, which 

would facilitate consideration of 

approaches to mitigate these leaks and 

minimize the releases of HFCs from 

such equipment. EPA discusses whether 

this information is entitled to 

confidential treatment in section V.A.1. 

of this document. 

EPA is proposing to set the reporting 

threshold for appliances that leak 125 

percent of the full charge within a 

calendar year, as the Agency intends to 

avoid capturing refrigerant-containing 

appliances affected by unavoidable 

losses of full charge. In order to be 

subject to the requirement, appliances 

would have to lose their full charge and 

then a significant quantity more within 

a single calendar year. EPA requests 

comment on the 125 percent threshold 

and whether, given the focus of 

minimizing releases of regulated 

substances, that threshold should be 

lowered. For example, EPA is 

considering lowering the threshold to 

110 percent to avoid capturing 

refrigerant-containing appliances 

affected by unavoidable losses of full 

charge, but a lower amount leaked 

beyond a full charge would be required 

to trigger the provisions for chronically 

leaking appliances. 

f. Retrofit and Retirement Plans 

EPA is proposing to include 

requirements for retrofit and retirement 

plans in the proposed leak repair 

provisions under subsection (h) for 

applicable refrigerant-containing 

appliances that contain HFCs or certain 

substitutes for HFCs as a refrigerant. 

These requirements reduce emissions by 

capping the amount of time an 

appliance can remain in operation when 

it is known to be leaking above the leak 

rate threshold. Owners or operators may 

choose to retrofit or retire a leaking 

appliance rather than repair a leak, or, 

in some situations, may be required to 

retrofit or retire the appliance if 

successful leak repair cannot be 

achieved and verified. The proposed 

requirements would also further serve 

the purposes of minimizing releases and 

maximizing the reclaiming of HFCs, as 

proper retrofit or retirement of a leaking 

appliance would ensure that any further 

HFC emissions from such equipment are 

mitigated. Additionally, in the process 

of retrofitting or retiring an appliance, 

the refrigerant that was remaining in the 

leaking appliance would typically be 

recovered and could then subsequently 

be reclaimed. 

EPA is proposing requirements for 

developing retrofit and retirement plans 

for refrigerant-containing appliances 

where leaks cannot be repaired, or an 

owner or operator chooses to retrofit to 

a lower GWP refrigerant (where 

available) or retire an appliance rather 

than repair a leak. The proposed 

requirements would apply to 

refrigerant-containing appliances with 

15 pounds or more of a refrigerant that 

contains an HFC or a substitute for an 

HFC with a GWP above 53. The 

provisions proposed in this action 

would provide the details on the timing 

for creating a retrofit or retirement plan 

for covered refrigerant-containing 

appliances, and what must be contained 

in a retrofit or retirement plan. EPA is 

proposing that a retrofit or retirement 

plan be created within 30 days of 

certain scenarios. The Agency 

understands this timing is sufficient for 

an owner or operator to either attempt 

to repair the leak with all necessary 

requirements as described in section 

IV.C.3.b. or make a business decision to 

directly begin the retrofit or retirement 

process. It is necessary to cap this 

timing requirement to minimize 

emissions from leaks in the case where 

an owner or operator fails to take any 

action after finding that their applicable 

refrigerant-containing appliance is 

leaking above the applicable leak 

threshold. After 30 days, the owner or 

operator must begin developing a 

retrofit or retirement plan. The 

following scenarios describe when a 

retrofit or retirement plan must be 

developed: 

• An appliance is leaking above the 

applicable leak rate and the owner or 

operator intends to retrofit or retire the 

appliance rather than repair the leak; 

• An appliance is leaking above the 

applicable leak rate and the owner or 

operator fails to take action to identify 

or repair the leak; or 

• An appliance is continuing to leak 

above the applicable leak rate after an 

attempted leak repair and verification 

testing. 

Developing the retrofit or retirement 

plan is a key process in ensuring that 

each step of the plan is successfully 

performed such that releases of HFCs 

are minimized and the reclaiming of the 

HFCs can be maximized. EPA is 

proposing that the retrofit or retirement 

plan include information regarding the 

location of the appliance, characteristics 

of the appliance, a procedure for how 

the appliance will be converted to 

accommodate a different refrigerant (if 

the appliance is being retrofitted), plans 

for the disposition of any recovered 

refrigerant and the appliance (if the 

appliance is being retired), and a 

schedule for the completion of the 

appliance retrofit or retirement. 

Characteristics of the appliance that 

would be retrofitted or retired include 

the type and full charge of the 

refrigerant used in the appliance, and 

for retrofitted, the type and full charge 

of the refrigerant to which the appliance 

will be retrofitted. In describing how the 

appliance would be retrofitted, the 

owner or operator must include an 

itemized procedure for converting the 

appliance to a different refrigerant, 

including changes required for 

compatibility. This would also include 

any changes for compatibility that relate 

to safety considerations to ensure the 

safety of technicians and consumers 

when converting an appliance to a 

different refrigerant, which would 

further serve one of the purposes 

identified in subsection (h)(1). EPA is 

also proposing that the retrofit or 

retirement plan must include 

information on how any recovered 

refrigerant is being dispositioned. In the 

case of retiring an appliance, the 

retirement plan would need to include 

how the appliance is being 

dispositioned. EPA is proposing that the 

retrofit or retirement plan include a 

schedule for completion of the retrofit 

or retirement and, unless additional 

time is granted, that the schedule would 

not exceed one year of the plan’s date 

(not to exceed 12 months from when the 

plan was finalized). 

EPA is proposing that an owner or 

operator may request relief from the 

provisions of a retrofit or retirement 

plan if they are able to establish that an 


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appliance is no longer leaking above the 

applicable leak rate within 180 days of 

creating the plan, and the owner or 

operator agrees to repair all identified 

leaks within one year of the plan’s date. 

The owner or operator would be 

required to submit specified information 

to EPA, including information regarding 

leaks in the appliance, descriptions of 

the work completed/to be completed, 

and more, as found in the proposed 

regulatory text. 

For IPR equipment, EPA is proposing 

that extensions could be requested in 

cases where requirements or other 

applicable Federal, state, local, or Tribal 

regulations would make it impossible to 

complete the retrofit or retirement 

within one year. In this case, owners or 

operators could be permitted additional 

time to the extent needed to comply 

with the applicable regulations. EPA is 

also proposing that extensions could be 

requested for IPR equipment if the 

equipment is custom-built and the 

supplier of the appliance or one of its 

components has quoted a delivery time 

of more than 30 weeks. In such cases, 

the appliance or component must be 

installed within 120 days of receipt. If 

additional time is needed, the owner or 

operator would need to submit a request 

for the additional time to EPA. Further, 

EPA is proposing that extensions could 

be requested to complete a retrofit or 

retirement if the IPR equipment is 

located in an area subject to radiological 

contamination or shutting down the 

appliance will directly lead to 

radiological contamination. EPA is 

proposing that in this case, additional 

time would be permitted to the extent 

necessary to complete the retrofit in a 

safe working environment. EPA is not 

proposing extensions specifically 

applicable to Federally owned 

equipment (see, e.g., the provisions at 

40 CFR 82.157(i)(3)) because EPA 

believes these circumstances can be 

addressed under the other proposed 

extension provisions, but EPA requests 

comment on this. 

EPA is requesting comment on all 

aspects of this proposal, and, in 

particular, the proposed provisions for 

retrofit and retirement plans for 

applicable refrigerant-containing 

appliances. EPA is requesting comment 

on the timing for developing retrofit or 

retirement plans and the timing for 

executing these plans. EPA is also 

requesting comment on if the Agency 

should require that refrigerant be 

recovered as a part of the retrofit or 

retirement plan, or if that is already 

sufficiently covered by requirements 

under 40 CFR part 82, subpart F. 

Further, EPA is seeking comment on 

requiring that if an owner or operator is 

developing a retrofit plan, they must 

include that a lower GWP refrigerant 

will be used in the retrofitted appliance. 

EPA notes that it is not assuming early 

retirement of appliances as a result of 

the proposed rule provisions. EPA is 

seeking comment on any potential 

impacts of the proposed leak repair 

provisions on the retirement of affected 

refrigerant-containing appliances. 

g. Recordkeeping and Reporting 

EPA is proposing to include 

recordkeeping and reporting 

requirements to support compliance 

with the proposed leak repair provisions 

under subsection (h) for applicable 

refrigerant-containing appliances that 

contain HFCs or certain substitutes for 

HFCs as a refrigerant. For example, the 

requirements would control 

recordkeeping and reporting practices, 

process, or activities for servicing and 

repair that involves HFCs or a substitute 

for an HFC. As noted in section II.B. of 

this document, EPA’s authority to 

require recordkeeping and reporting 

under the AIM Act is also supported by 

section 114 of the CAA, which applies 

to the AIM Act and rules promulgated 

under it as provided in subsection 

(k)(1)(C) of the AIM Act. 

As discussed in section IV.C.2. above, 

this proposal covers refrigerantcontaining appliances with charge sizes 

of 15 pounds or higher of a refrigerant 

that contains an HFC or a substitute for 

an HFC that has a GWP above 53. The 

recordkeeping and requirements related 

to the leak repair requirements under 

subsection (h) would be applicable to 

the full range of appliances that are 

subject to the proposed leak repair 

provisions, including those containing 

at least 15 pounds of refrigerant with 

limited exemptions, as described in 

section IV.C.2.b. for certain appliances. 

The proposed recordkeeping and 

reporting requirements provide critical 

information about whether required 

actions were taken and are part of the 

suite of compliance tools included in 

this proposal. Compliance with the 

overall leak repair requirements is 

intended to minimize the release of HFC 

and substitute refrigerants and the 

Agency considers these recordkeeping 

and reporting requirements necessary to 

readily assess compliance. Records that 

would demonstrate noncompliance or 

are incomplete may be used for 

enforcement purposes. The proposed 

requirements are informed in part by 

EPA’s consideration of its experience 

implementing similar regulations under 

CAA section 608 at 40 CFR 82.157 and 

the recordkeeping and reporting 

requirements that have been used to 

assure compliance with those 

provisions. 

EPA is proposing recordkeeping 

requirements for refrigerant-containing 

appliances with a charge size of 15 

pounds or more of a refrigerant 

containing an HFC or a substitute for an 

HFC with a GWP above 53 under 

subsection (h) that are similar to those 

at 40 CFR 82.157(l). Where EPA is 

proposing requirements for 

recordkeeping, we are proposing that 

record be maintained for three years in 

either paper or electronic format. An 

owner or operator may contract out the 

record generation responsibilities but 

retains ultimate liability for compliance 

and must be able to access these records 

electronically or in hard copy from the 

facility where the appliance is located. 

All recordkeeping requirements can be 

found in § 84.106(l) of the proposed 

regulatory text. These records would be 

the primary means for the facility to 

demonstrate compliance with the leak 

repair requirements, and EPA would 

review them when evaluating 

compliance. EPA could access these 

records in various ways, including, but 

not limited to, via on-site review of the 

records or requesting them via an 

information request. In general, EPA is 

proposing the following recordkeeping 

requirements for owners and operators 

under subsection (h): 

• Maintain records documenting the 

full charge of appliances; 

• Maintain records, such as invoices 

or other documentation showing when 

refrigerant is added or removed from an 

appliance, when a leak inspection is 

performed, when a verification test is 

conducted, and when service or 

maintenance is performed; 

• Maintain retrofit and/or retirement 

plans; 

• Maintain retrofit and/or extension 

requests submitted to EPA; 

• If a system is mothballed to 

suspend a deadline, maintain records 

documenting when the system was 

mothballed and when it was brought 

back on-line (i.e., when refrigerant was 

added back into the appliance or 

isolated component of the appliance); 

• Maintain records of purged and 

destroyed refrigerant if excluding such 

refrigerant from the leak rate; 

• Maintain records to demonstrate a 

seasonal variance; and 

• Maintain copies of any reports 

submitted to EPA under the proposed 

reporting requirements in this action. 

EPA is proposing reporting 

requirements for refrigerant-containing 

appliances that with a charge size of 15 

pounds or more of a refrigerant 

containing an HFC or a substitute for an 

HFC with a GWP above 53 under 


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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 72247 

65ASHRAE Standard 34–2022 assigns a safety 

group classification for each refrigerant which 

consists of two alphanumeric characters (e.g., A2 or 

B1). The capital letter indicates the toxicity class 

(‘‘A’’ for lower toxicity) and the numeral denotes 

the flammability. ASHRAE recognizes three 

classifications and one subclass for refrigerant 

flammability. The three main flammability 

classifications are Class 1, for refrigerants that do 

not propagate a flame when tested as per the 

ASHRAE 34 standard, ‘‘Designation and Safety 

Classification of Refrigerants;’’ Class 2, for 

refrigerants of lower flammability; and Class 3, for 

highly flammable refrigerants, such as the 

hydrocarbon refrigerants. ASHRAE recently 

updated the safety classification matrix to include 

a new flammability subclass 2L, for flammability 

Class 2 refrigerants that burn very slowly. 

66UL. 2019. ‘‘Understanding UL 60335–2–40 

Refrigerant Detector Requirements.’’ https://

www.ul.com/news/understanding-ul-60335-2-40- 

refrigerant-detector-requirements. 

67UL 60335–2–40, 2019. Household And Similar 

Electrical Appliances—Safety—Part 2–40: 

Particular Requirements for Electrical Heat Pumps, 

Air-Conditioners and Dehumidifiers. Third Edition. 

November 1, 2019. 

subsection (h) that are similar to those 

at 40 CFR 82.157(m). The proposed 

reporting requirements include 

notifications to EPA that include 

specified information when: 

• The owner or operator is seeking an 

extension to complete repairs; 

• The owner or operator is seeking an 

extension to complete a retrofit or 

retirement plan; 

• The owner or operator is seeking 

relief from the obligation to retrofit or 

retire an appliance; 

• When an appliance leaks 125 

percent or more of the full charge in a 

calendar year; 

• The owner or operator is excluding 

purged refrigerants that are destroyed 

from annual leak rate calculations for 

the first time. 

Additional detail on these proposed 

recordkeeping and requirements is 

available in the proposed regulatory 

text. Proposed recordkeeping and 

reporting requirements in this action for 

ALD systems are described in section 

IV.C.4.b. 

EPA is requesting comment on all 

aspects of this proposal, and, in 

particular, the recordkeeping and 

reporting requirements associated with 

the leak repair provisions in this 

proposal. EPA is requesting comment on 

the information required in the 

recordkeeping and reporting provisions 

and if there is any additional 

information that would be relevant for 

the proposed leak repair requirements 

in this action. 

4. Automatic Leak Detection Systems 

ALD systems on refrigerantcontaining appliances are refrigerant 

leak detection technologies calibrated to 

continuously monitor a refrigerantbased system(s) for evidence of leaks 

and alert an operator upon detection of 

a leak. Repairing leaks sooner further 

minimizes emissions. Where ALD 

systems are used, it can result in early 

and effective detection of leaks, so that 

the leaks can be repaired and emissions 

of regulated substances or their 

substitutes can quickly be mitigated. As 

part of the proposed regulatory 

requirements to implement subsection 

(h)(1), EPA is proposing to require that 

ALD systems be used for certain new 

and existing refrigerant-containing 

appliances to detect leaks, which would 

trigger subsequent requirements. These 

provisions would control practices, 

processes, or activities regarding 

servicing, repair or installation of such 

appliances, which are a type of 

equipment, and would involve a 

regulated substance or a substitute for a 

regulated substance. When an ALD 

system detects a leak in a refrigerantcontaining appliance covered by this 

proposal, an owner or operator of the 

appliance would be required to either 

perform practices, processes, and/or 

activities to determine whether 

servicing or repair of the appliance is 

necessary (i.e., calculating a leak rate 

and assessing it compared to the 

applicable leak rate for the type of 

appliance) or, alternatively, 

preemptively repair the leak (i.e., before 

adding refrigerant and calculating the 

leak rate). EPA is proposing to explicitly 

permit preemptive repair of the leak as 

a compliance option to avoid the need 

to add refrigerant to an appliance with 

a known leak (which would otherwise 

generally be necessary to calculate the 

leak rate and determine if the applicable 

leak rate is exceeded). If the preemptive 

repair is being used as a compliance 

option, it must occur within 30 days (or 

120 days where an industrial process 

shutdown would be necessary) of the 

alert. These proposed requirements are 

expected to facilitate prompt repair of 

leaks, which would further help 

minimize releases of regulated 

substances from equipment. 

In the case of preemptive repair, this 

compliance option provides the 

opportunity to repair an appliance that 

is known to be leaking prior to the 

addition of refrigerant. When refrigerant 

is added to the appliance that 

underwent preemptive repair, a leak 

rate calculation would still be required. 

If the leak rate calculation (performed 

after the addition of refrigerant for the 

follow-up verification test) conducted 

after the preemptive repair reveals that 

the appliance had leaked above the 

applicable leak threshold, the proposed 

suite of leak repair requirements would 

still apply. The preemptive repair 

actions can be considered in 

determining whether the suite of leak 

repair requirements triggered by the 

exceedance of the applicable leak 

threshold have been satisfied, but the 

owner or operator of the appliance 

would still need to ensure that the leaks 

had been repaired according to the 

proposed definition of repair and that 

the other requirements proposed in 40 

CFR 84.106 (e.g., initial and follow-up 

verification tests, leak inspections 

(where applicable) and related 

recordkeeping) had been met. 

EPA understands that for reasons 

other than this proposal, ALD systems 

already are in use to a certain extent. 

For example, some owners and 

operators may already use ALD systems 

to serve as an early warning system for 

detecting and repairing leaks. Some 

owners and operators may choose to 

install ALD systems from an economic 

perspective as early detection and repair 

of leaks can avoid costs of replacing the 

released refrigerant and operating 

equipment at suboptimal levels and/or 

the loss of perishable products due to 

failure to maintain required cooling. 

Further, there are provisions under 40 

CFR 82.157 where an owner or operator 

of a covered appliance with ODS 

refrigerants may choose to use an ALD 

system in place of performing regular 

leak inspections as a part of the leak 

repair provisions under CAA section 

608 at 40 CFR 82.157. Nothing in this 

proposal changes the requirements 

related to ALD systems under CAA 

section 608 for equipment containing 

only ODS refrigerants. In other words, 

an owner or operator of an appliance 

that uses ODS-containing refrigerants 

will continue to be required to meet any 

and all requirements under 40 CFR 

82.157 for that appliance, including if 

they choose to use an ALD system to 

comply with requirements under 40 

CFR 82.157. 

Additionally, there are safety 

standards that apply when using certain 

HFCs (whether neat or in a blend) and/ 

or substitutes for HFCs that have been 

classified as lower flammability. Lower 

flammability refrigerants in this context 

are those that are classified by ASHRAE 

as A2L refrigerants.65 UL Standard 

60335–2–40 currently requires the use 

of leak detectors for electrical heat 

pumps, air conditioners and 

dehumidifiers containing A2L 

refrigerants.66 67 Under that standard, 

leak detectors that detect pressure loss 

are required in cases that the prescribed 

A2L charge limit is exceeded (which is 

typically around four pounds for 

permanently installed applications). 

That standard also prescribes that 

refrigerant leak detectors be installed at 

the factory for applicable appliances 


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68California Code of Regulations, Regulation for 

the Management of High Global Warming Potential 

Refrigerants for Stationary Sources. Available: 

https://ww2.arb.ca.gov/sites/default/files/2020-07/ 

finalfro_0.pdf. 

69 In the proposed Technology Transitions rule 

(87 FR 76738, December 15, 2022), the inflection 

point of 200 pounds for a charge size of equipment 

in certain subsectors is used to propose different 

GWP-limit based restrictions. This point was 

considered based on safety standards ANSI/ 

ASHRAE Standard 15–2019 and UL 60335–2–89, 

which set a charge limit set a charge limit for using 

lower flammability refrigerant for certain 

applications that vary by refrigerant but does not 

exceed 200 pounds. 

70California Code of Regulations, Regulation for 

the Management of high Global Warming Potential 

Refrigerants for Stationary Sources. Available: 

https://ww2.arb.ca.gov/sites/default/files/2020-07/ 

finalfro_0.pdf. 

71Washington, Department of Ecology, 

Hydrofluorocarbons (HFCs) and Other Fluorinated 

Greenhouse Gases, Draft (January 27, 2023). 

Available: https://ecology.wa.gov/DOE/files/9b/9b9

1965d-4986-4c42-aa50-fd54cb97a2a4.pdf. 

72Regulation (EU) No 517/2014 of the European 

Parliament and of the Council of 16 April 2014 on 

fluorinated greenhouse gases and repealing 

Regulation (EC) No 842/2006, May 2014, available 

at: https://eur-lex.europa.eu/legal-content/EN/TXT/ 

PDF/?uri=CELEX:32014R0517. 

and have factory established set points 

for detection to avoid potential buildup 

of concentrations of flammable 

refrigerants. 

a. Proposed Automatic Leak Detection 

Requirements 

EPA is proposing to require the use of 

ALD systems for certain RACHP 

equipment. Specifically, EPA is 

proposing to require ALD systems for 

IPR and commercial refrigeration 

appliances containing 1,500 pounds or 

more of a refrigerant that contains an 

HFC or a substitute for an HFC with a 

GWP above 53 for both new and existing 

equipment. EPA is not proposing to 

require ALD systems for comfort cooling 

appliances. As previously noted, EPA 

considers the leak inspections that are 

proposed for codification at 40 CFR 

84.106(g) and the requirements related 

to ALD systems that are proposed for 

codification at 40 CFR 84.108 to be 

separate. However, as previously 

discussed, in certain circumstances the 

proposed leak inspection requirements 

would recognize use of the ALD systems 

that meets certain requirements under 

the proposed 40 CFR 84.108 as a 

compliance option that may be used in 

lieu of quarterly or annual leak 

inspections. 

Beginning on January 1, 2025, for new 

refrigerant-containing appliances, EPA 

is proposing that an ALD system be 

installed as part of the overall appliance 

installation, either during the 

installation of the new appliance or 

within 30 days from when the new 

appliance is installed. EPA understands 

that depending on the type of ALD 

system, it may be more practicable to 

install an ALD system during the 

appliance installation. In other cases, 

additional time may be needed to secure 

a contractor or technician to install the 

ALD system, or there may be unforeseen 

delays in acquiring an ALD system. For 

existing refrigerant-containing 

appliances, EPA is proposing that an 

ALD system must be installed within 

one year of the effective date of the final 

rule. 

EPA is proposing that refrigerantcontaining appliances in the 

commercial refrigeration and IPR 

subsectors with a charge size of 1,500 

pounds or more with a refrigerant that 

contains an HFC or a substitute for an 

HFC that has a GWP above 53 (whether 

the HFC or substitute is used neat or in 

a blend) would be required to use ALD 

systems. The refrigerants that would be 

covered are the same as for other leak 

repair provisions proposed in this 

action, but the proposed full charge size 

cutoff for using ALD systems (1,500 

pounds) is greater than that of the other 

leak repair provisions in this proposal 

(15 pounds). EPA understands that 

using ALD systems for refrigerantcontaining appliances that have lower 

refrigerant charge sizes (i.e., below 1,500 

pounds) may be an option an owner or 

operator could take so they are alerted 

to leaks sooner. This could also be an 

option an owner or operator takes for 

specific refrigerants. However, 

discussed later in this section, EPA is 

not proposing to require use of ALD 

systems for refrigerant-containing 

appliances with less than 1,500 pounds. 

Similarly, EPA also understands that 

owners and operators with larger charge 

size appliances may be more likely to 

have in place refrigerant management 

plans, routine equipment inspections, or 

other formal or even informal 

mechanisms aimed at reducing 

refrigerant losses. 

EPA considered a number of potential 

options for the threshold for requiring 

ALD systems. The Agency considered 

thresholds as low as 15 or 50 pounds to 

match the proposed leak repair 

requirements or as analogous with the 

longstanding CAA section 608 leak 

repair threshold for ODS-containing 

appliances, respectively. The Agency 

also considered as high as 2,000 

pounds, which is consistent with the 

current state requirement in 

California.68 Throughout this proposal, 

EPA uses charge sizes to differentiate 

requirements; for example, EPA 

proposed 500 pounds as a cutoff for the 

frequency of inspections for certain 

appliances and the Agency also 

considered this as a potential cutoff for 

proposing to require ALD systems. 

Further, another potential cutoff 

considered was 200 pounds, which was 

used as a point of inflection for 

proposing certain GWP-limit based 

restrictions under the Technology 

Transitions program.69

EPA is also aware of other cutoffs 

used for requirements for using ALD 

systems in certain states and 

internationally. Across states, the 

Agency is aware that California 70 has a 

similar provision with a cutoff of 2,000 

pounds that has been in place for over 

ten years and Washington 71 is 

considering a cutoff of 1,500 pounds in 

a recent proposal for requiring ALD 

systems on refrigeration equipment. 

Internationally, the EU 72 uses a CO2ebased threshold, requiring that leakage 

detection systems be installed for 

stationary equipment (including 

refrigeration, air conditioning, heat 

pumps, and fire protection equipment 

and electrical switch gear and organic 

Rankine cycles) that contain 500 or 

more metric tons of CO2e. For example, 

if a stationary refrigeration appliance is 

charged with R–404A (which has a GWP 

of 3,920), then the minimum charge size 

required to use a leakage detection 

system would be approximately 281 

pounds under the EU’s approach. EPA 

notes that it is considering using either 

a pounds-based approach or a CO2ebased approach to establishing the 

threshold for these requirements. While 

there are certain advantages to CO2e 

approaches, such as providing an 

advantage for lower GWP refrigerants, 

the Agency also understands that for 

compliance purposes, limits based on 

pounds also has advantages. Refrigerant 

decisions are based on actual amounts 

of refrigerant added and the leak rate 

calculations are also based on pounds. 

Therefore, EPA is proposing to set the 

requirement based on pounds but is 

soliciting comments on a CO2e approach 

too. 

As a consideration in setting the 

proposed threshold, EPA took into 

account to what extent ALD systems 

may already be in use and the types of 

equipment to which they are marketed. 

For example, many larger refrigeration 

appliances (e.g., a charge size of 1,500 

to 2,000 pounds or more) may already 

use ALD systems per certain state 

requirements or to reduce negative 

economic impacts associated with 

replacing leaking refrigerant. These 

larger refrigeration appliances have 

potential to leak greater amounts of 

refrigerant, such that owners and 

operators using an ALD system to 

quickly detect leaks would further 

support the statutory purposes in 


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73EPA describes each type (i.e., direct and 

indirect) of ALD system later in this section and in 

detail in the draft TSD titled American Innovation 

and Manufacturing Act of 2020—Subsection (h): 

Automatic Leak Detection System. 

74Average annual leak rates by appliance type 

and charge size are provided in the RIA Addendum. 

subsection (h) of minimizing releases of 

HFCs from equipment and maximize the 

amount of HFC that is available for 

reclaiming. EPA also considered the 

availability of ALD systems for 

refrigeration appliances in the United 

States. In the draft TSD titled American 

Innovation and Manufacturing Act of 

2020—Subsection (h): Automatic Leak 

Detection System in the docket for this 

proposal, EPA assessed the market 

presence and number of manufacturers 

of ALD systems that sell to the U.S. 

market. EPA notes that most 

manufacturers make direct ALD 

systems, while indirect ALD systems are 

newer technologies on the market.73

Since ALD systems have generally only 

been required for larger refrigeration 

appliances per certain state 

requirements, or are likely used in larger 

charge size refrigeration appliances to 

avoid potential economic burden 

associated with replacing refrigerant 

that has leaked, EPA anticipates that the 

current market presence of ALD system 

manufacturing may be generally aligned 

to demand for ALD systems for larger 

refrigeration appliances. The proposed 

threshold accounts for the potential for 

an increased demand of ALD systems, 

where manufacturers of such systems 

may not be prepared for an increased 

demand if EPA were to propose a lower 

charge size, opening the requirement for 

ALD systems to a larger inventory of 

refrigeration appliances. Taking into 

account existing and pending state 

requirements, and a likely degree of 

voluntary adoption of ALD systems, 

EPA estimates that the proposed 

requirement will impact approximately 

50,000 appliances over the year 2025 

and 6,500 per year in subsequent years. 

EPA has identified 10 manufacturers of 

ALD systems for the U.S. market. There 

are eight manufacturers making direct 

ALD systems and three manufacturers 

making indirect ALD systems (one 

manufacturer was identified to make 

both types of ALD systems). The 

majority of installed systems are likely 

direct ALD systems. EPA estimates that 

one of the largest manufacturers of 

direct ALD in the US makes between 

6,500–7,000 direct ALD systems per 

year. For additional information and 

details on the estimated emissions 

reductions and costs related to ALD 

systems, see the draft TSD titled 

Analysis of the Economic Impact and 

Benefits of the Proposed Rule available 

in the docket for this action. EPA also 

notes that later in this section, we are 

seeking comments specifically on the 

proposed threshold for ALD system 

requirements as well as comment on the 

current manufacturing landscape of 

ALD systems. 

EPA considered and is not proposing 

requiring ALD systems for all 

refrigerant-containing appliances above 

a certain charge size. Instead, after 

considering the opportunities to reduce 

leaks and thus minimize emissions, EPA 

decided to limit this proposed 

requirement to commercial refrigeration 

and IPR appliances. EPA is not 

proposing requirements for using ALD 

systems for appliances used solely for 

comfort cooling. The Agency 

understands that refrigerant-containing 

appliances used for comfort cooling 

typically do not leak to the same degree 

as appliances in the commercial 

refrigeration and IPR subsectors. 

Medium (charge size of 200–2,000 

pounds of refrigerant) and large (charge 

size 2,000 pounds or greater of 

refrigerant) comfort cooling appliances 

average annual leak rates of around 10 

percent, while medium and large 

commercial refrigeration and IPR 

appliances have average leak rates that 

are around two to three times greater.74

This is consistent with EPA’s proposed 

requirements for leak inspections, such 

that appliances used for comfort cooling 

would not have more frequent required 

inspections as a part of the leak repair 

provisions (see section IV.C.3.d.). EPA 

previously noted in the 2016 CAA 608 

Rule (81 FR 82272, November 16, 2016) 

that larger commercial refrigeration and 

IPR appliances tend to have larger 

annual average leak rates than comfort 

cooling appliances. Further, larger 

commercial refrigeration and IPR 

appliances would have a greater amount 

of refrigerant lost compared to comfort 

cooling appliances even if the leaks rate 

were the same since these larger 

appliances typically have significantly 

larger refrigerant charge sizes. Thus, the 

primary benefit of early leak detection 

from an ALD system would not be as 

useful for appliances solely used for 

comfort cooling. However, if an 

appliance has a dual function (e.g., IPR 

and comfort cooling), an ALD system 

would be required. For example, if the 

refrigerant coming off the evaporator in 

an industrial process were cool enough, 

it could be directed towards co-located 

offices or break rooms to provide air 

conditioning, before being routed back 

to the compressor(s). Such a system 

would provide both IPR and comfort 

cooling, and for purposes of this rule, an 

ALD system would be required. 

ALD systems detect leaks either by a 

direct system that automatically detects 

the presence of refrigerant leaked into 

the air (e.g., an alert is triggered at a 

specified concentration, typically in 

parts per million (ppm)) from a 

refrigeration system, or by an indirect 

system that automatically analyzes 

operating conditions (e.g., temperature 

or pressure) within a refrigeration 

system as indicators of whether a 

refrigerant leak has occurred. Both types 

of ALD systems can help to ensure early 

detection of leaks and help to identify 

the location and severity of a leak. Thus, 

EPA is not proposing to prescribe 

whether direct or indirect ALD systems 

must be used, but rather is proposing 

that either type of system, or a 

combination of direct and indirect 

systems, would be required, and is 

proposing requirements that are specific 

to each type of ALD system. For both 

indirect and direct systems, EPA is 

proposing that the ALD system be 

installed on covered refrigerantcontaining appliances where the 

components (e.g., compressor, 

evaporator, condenser) of the refrigerant 

circuit are located within an enclosed 

building or structure (or the whole 

refrigerant circuit if it is entirely 

enclosed within a building or structure). 

Further, EPA is proposing where ALD 

systems are required for covered 

appliances that the systems be 

calibrated or audited annually as 

described in section IV.C.4.b. 

Direct refrigerant leak detection 

systems are fixed hardware that directly 

monitor the concentration of refrigerants 

in the air. For direct ALD systems, it is 

essential that gas sensors are located at 

all leak-prone components of a 

refrigeration system; otherwise, some 

leaks may go undetected. The benefits of 

direct ALD systems include being able 

to pinpoint the location and severity of 

a leak. Direct ALD systems are 

commissioned to send an ‘‘alarm’’ to 

maintenance and/or operations staff if 

the programmed leak level threshold is 

exceeded. EPA is proposing that if an 

owner or operator chooses to use a 

direct ALD system to comply with the 

proposed provisions to detect refrigerant 

leaks in equipment, the programmed 

leak level threshold to alert the operator 

would be when a concentration of 100 

ppm of vapor of the specified refrigerant 

is detected. EPA is also proposing that 

the leak detection sensors must be 

capable of accurately detecting a 

concentration level of 10 ppm of the 

vapor of the specified refrigerant. The 

leak level threshold and minimum level 

of detection are critical to catch leaks in 


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72250 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

equipment. If the leak level threshold is 

set too high, the ALD system will only 

provide an alarm in the case of 

catastrophic leaks. The technical 

feasibility of the 100 ppm threshold is 

well established. This has been the 

threshold used by the California Air 

Resources Board (CARB) and is also the 

standard in provisions at 40 CFR 

82.157(g)(4)(i) for ALD systems that are 

used in lieu of quarterly or annual leak 

inspections, as part of the leak repair 

requirements under CAA section 608. 

EPA is proposing that if a direct ALD 

system detects a leak based on the 100 

ppm threshold, the owner or operator 

would be required to either perform a 

leak rate calculation to determine if the 

leak rate threshold has been exceeded, 

or alternatively they may preemptively 

repair the leak before adding refrigerant 

and calculating the leak rate. In order to 

calculate the leak rate, refer to section 

IV.C.3.a. of this action. EPA is proposing 

that a leak rate calculation must be 

performed within 30 days (or 120 days 

where an industrial process shutdown 

would be necessary) of the alarm where 

a direct ALD system is used for required 

equipment. If the leak rate calculated is 

above the applicable leak rate, as 

discussed in section IV.C.3. of this 

preamble, all of the leak repair 

requirements proposed in this action 

(including the repair requirements, 

inspections, verification tests and 

recordkeeping and reporting) would 

then apply. Alternatively, if the owner 

or operator chooses to preemptively 

repair the detected leak, a leak rate 

calculation would be performed after 

the preemptive repair; however, the leak 

rate calculation would still be required 

to be performed within 30 days (or 120 

days where an industrial process 

shutdown would be necessary) of the 

alarm where a direct ALD system is 

used for required equipment, and 

accordingly the preemptive repair 

would also need to occur in that time 

frame. If the leak rate calculation 

(performed after the addition of 

refrigerant pursuant to the follow-up 

verification test) conducted after the 

preemptive repair reveals that the 

appliance had leaked above the 

applicable leak threshold, the proposed 

suite of leak repair requirements would 

apply. The preemptive repair actions 

can be considered in determining 

whether the suite of leak repair 

requirements triggered by the 

exceedance of the applicable leak 

threshold have been satisfied, but the 

owner or operator of the appliance 

would still need to ensure that the leaks 

had been repaired according to the 

proposed definition of repair and that 

the other requirements proposed in 40 

CFR 84.106 (e.g., initial and follow-up 

verification tests, leak inspections 

(where applicable), and related 

recordkeeping) had been met. By 

allowing a leak detected by an ALD 

system to be preemptively repaired 

before the addition of refrigerant and 

calculation of the leak rate, EPA 

anticipates that this would avoid 

requiring owners and operators to add 

refrigerant to a system with a known 

leak, thereby saving the cost of 

refrigerant that might subsequently leak 

prior to the repair, as well as prevent 

unnecessary emissions of refrigerant. 

Additionally, preemptive repair of leaks 

allows owners and operators to have a 

‘‘head start’’ on repairing leaks if it is 

later found that the applicable leak rate 

threshold has been exceeded when the 

leak rate calculation is performed. 

Indirect ALD systems rely on data 

analytics to detect leaks rather than the 

direct detection of refrigerant gas. 

Indirect ALD systems monitor the 

operation of a refrigerant-based system 

to infer whether a leak is present. This 

method is typically conducted using 

existing sensors and hardware that are 

already located on site, and it relies on 

algorithms to evaluate existing 

conditions, such as liquid levels, 

temperatures, and ambient conditions to 

indicate if a leak is occurring. EPA 

understands that indirect systems can 

be calibrated to provide an alarm when 

a specified predicted refrigerant leak 

rate has occurred. EPA is proposing that 

if an owner or operator chooses to use 

an indirect ALD system to comply with 

the proposed provisions to detect leaks 

in equipment, that the system be 

calibrated to provide an alarm when the 

system has provided measurements that 

indicate that 50 pounds of refrigerant or 

10 percent of the full charge of 

refrigerant, whichever is less, has 

leaked. At that point, as for direct ALD 

systems, EPA is proposing that the 

owner or operator would be required to 

perform a leak rate calculation, or 

alternatively they may preemptively 

repair the leak before adding refrigerant 

and calculating the leak rate. EPA is 

proposing that a leak rate calculation be 

performed within 30 days (or 120 days 

where an industrial process shutdown 

would be necessary) of the alarm where 

an indirect ALD system is used for 

required equipment. If the calculated 

leak rate is above the applicable leak 

trigger rate (as discussed in section 

IV.C.3. of this preamble), all of the leak 

repair requirements proposed in this 

action (including the repair 

requirements, inspections, verification 

tests and recordkeeping and reporting) 

would then apply. 

If the owner or operator chooses to 

preemptively repair the detected leak, a 

leak rate calculation would be 

performed after the repair, for example 

when refrigerant is added to perform the 

follow-up verification test. The same 

requirements as described above for 

where an owner or operator chooses to 

do preemptive leak repair when using 

direct ALD system apply in the scenario 

where preemptive leak repair is 

performed when using an indirect ALD 

system. The leak rate calculation would 

still be required to be performed within 

30 days (or 120 days where an industrial 

process shutdown would be necessary) 

of the alarm where an indirect ALD 

system is used for required equipment, 

and accordingly the preemptive repair 

would also need to occur in that time 

frame. If the leak rate calculation 

(performed after the addition of 

refrigerant pursuant to the follow-up 

verification test) conducted after the 

preemptive repair reveals that the 

appliance had leaked above the 

applicable leak threshold, the proposed 

suite of leak repair requirements would 

apply. The preemptive repair actions 

can be considered in determining 

whether the suite of leak repair 

requirements triggered by the 

exceedance of the applicable leak 

threshold have been satisfied, but the 

owner or operator of the appliance 

would still need to ensure that the leaks 

had been repaired according to the 

proposed definition of repair and that 

the other requirements proposed in 40 

CFR 84.106 (e.g., initial and follow-up 

verification tests, leak inspections 

(where applicable), and related 

recordkeeping) had been met. 

EPA notes that a 10 percent loss in 

full charge does not directly correspond 

to the leak rate threshold of 20 percent 

for commercial refrigeration and 30 

percent for IPR. The 10 percent of total 

charge lost when an indirect ALD 

system alarms may equate less than or 

greater than an annualized leak rate of 

20 or 30 percent depending on the 

timeframe over which the leak occurred. 

See section IV.C.3.a. for more 

information on calculating the 

annualized leak rate. In any event, this 

difference is reasonable because the 

primary purpose of the ALD system is 

to allow the owner or operator to obtain 

knowledge of the leak earlier (e.g., 

before operations are impacted) and to 

facilitate earlier repair, whether through 

preemptive repair before the leak rate 

threshold is exceeded or through 

required repairs after the leak rate 

threshold is exceeded. 


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The technical feasibility of the ‘‘50 

pounds of refrigerant or 10 percent of 

the full charge, whichever is less’’ 

standard is well established. This has 

been the threshold used by both CARB 

and is also the standard in provisions at 

40 CFR 82.157(g)(4)(ii) for ALD systems 

that are used in lieu of quarterly or 

annual leak inspections, as part of the 

leak repair requirements under CAA 

section 608. 

EPA is requesting comment on all 

aspects of this proposal, and, in 

particular, aspects of the proposed 

requirements for installing and using 

ALD systems on refrigerant-containing 

appliances, as well as the proposed 

compliance dates. EPA is requesting 

comment on the types of appliances 

(e.g., only refrigeration equipment) and 

the charge size cutoff for appliances 

(i.e., 1,500 pounds) that would be 

required to use ALD systems. For 

example, should EPA consider 

including comfort cooling appliances in 

the equipment required to use ALD 

systems or should a lower or higher 

charge size cutoff be used, or should a 

different approach be used for 

determining applicability for this 

requirement (such as a CO2e based 

approach)? EPA continues to consider 

options for the charge size cutoff for 

applying ALD system provisions, 

particularly, those discussed in this 

preamble (e.g., 200, 500 pounds, 1,000 

pounds, 2,000 pounds) and requests 

comment on these and other potential 

cutoffs for requiring ALD systems on 

refrigerant-containing appliances. 

EPA is also requesting comment on 

the proposed alarm trigger thresholds 

and detection levels for both direct and 

indirect ALD systems. For direct ALD 

systems, EPA is requesting comment if 

it would be appropriate to lower the 

required alert trigger threshold to 50 

ppm or to lower the concentration 

detection level to 5 ppm. For indirect 

ALD systems, EPA is seeking comment 

on requiring that an indirect ALD 

system alert at a lower measurement to 

detect leaks sooner (e.g., 5 percent of the 

full charge). For either type of ALD 

system, EPA requests comment on 

whether these lower levels are 

technically feasible, whether they 

would lead to increase in false positives, 

and whether existing ALD systems used 

on refrigerant-containing appliances 

should be grandfathered if EPA were to 

lower these levels. 

As noted above in this section, EPA 

is aware of ten manufacturers currently 

making ALD systems and selling them 

in the U.S. market. Many of these 

companies have been supplying those 

that are required by state regulations, 

those that chose to use ALD systems as 

an option under CAA section 608, and 

those that choose on a voluntary basis 

to use ALD systems. By requiring ALD 

systems nationally for certain types of 

RACHP equipment, EPA understands 

demand will increase in short time. 

Therefore, EPA requests comment and 

data or other supporting information on 

whether supply and availability of ALD 

systems will be available to meet the 

proposed compliance dates for new and 

existing appliances. EPA anticipates 

that ALD systems for new appliances 

would be able to comply with the 

January 1, 2025 date, and thus the 

options described are focused only on 

existing equipment. However, EPA 

requests comments on whether 

additional time would be needed for 

ALD system installations in new 

appliances as well. EPA considered but 

did not propose as its lead option to 

require ALD systems for existing 

appliances when there is a triggering 

event (e.g., a leak rate threshold 

exceedance). In this option, existing 

appliances would not be required to 

install ALD systems within one year of 

the effective date of the final rule, but 

they would be required to obtain and 

install ALD systems within one year of 

a leak rate threshold exceedance 

(measured from the date of the 

refrigerant addition that triggered the 

leak rate calculation that revealed the 

exceedance). Another option EPA 

considered but did not propose as its 

lead option would be to phase in the 

requirement for ALD systems for 

existing refrigerant-containing 

appliances over a longer time frame, 

such as over the course of three years. 

EPA requests comment on the 

requirements for ALD systems including 

these options the Agency considered. 

Additional information is available in 

the draft TSD named American 

Innovation and Manufacturing Act of 

2020—Subsection (h): Automatic Leak 

Detection System available in the docket 

for the proposed rulemaking. 

b. Recordkeeping and Reporting 

EPA is proposing specific reporting 

and recordkeeping requirements for 

ALD systems that would be required 

under this action under subsection (h). 

Where ALD systems are required, EPA 

is proposing that owners or operators 

maintain records regarding the annual 

calibration or audit of the system. EPA 

is also proposing to require that records 

be maintained each time an ALD system 

triggers an alert, whether that be based 

on the applicable ppm threshold for a 

direct ALD system or the indicated loss 

of refrigerant measured in an indirect 

ALD system. When an ALD system 

alerts of a leak, EPA is proposing that 

the owner or operator maintain a record 

of the date the ALD systems alerted to 

a leak and the location of the leak. The 

recordkeeping requirements related to 

when a leak rate calculation is 

conducted are described in section 

IV.C.3.g of this document. As noted in 

section II.B. of this document, EPA’s 

authority to require recordkeeping and 

reporting under the AIM Act is also 

supported by section 114 of the CAA, 

which applies to the AIM Act and rules 

promulgated under it as provided in 

subsection (k)(1)(C) of the AIM Act. 

EPA is proposing recordkeeping 

requirements in the case where an 

owner or operator chooses to use an 

ALD system, where not required, as a 

compliance option in lieu of periodic 

inspections for an appliance that has 

exceeded an applicable leak rate. EPA is 

proposing that owners or operators 

maintain records regarding the 

installation of the ALD system and 

records of the annual calibration or 

audit of the system. EPA is also 

proposing to require that records be 

maintained each time the ALD system 

triggers an alert, whether that be based 

on the applicable ppm threshold for a 

direct ALD system or the indicated loss 

of refrigerant measured in an indirect 

ALD system. EPA is proposing that the 

owner or operator maintain a record of 

the date the ALD systems alerted to a 

leak and the location of the leak. 

EPA is proposing that these records 

related to ALD systems, where required, 

be maintained for 3 years. Where ALD 

systems are being voluntarily used (i.e., 

appliances with a full charge below 

1,500 pounds or using a substitute for 

HFCs with a GWP of 53 or below), there 

are no recordkeeping requirements 

under this proposal. However, if an 

appliance using an ALD system is found 

to be leaking above the applicable leak 

rate and the owner or operator chooses 

to use the ALD system in lieu of 

periodic inspections, they would be 

required to follow all requirements 

associated with this compliance option, 

including annual audits or calibration 

and all necessary recordkeeping 

requirements. The proposed 

recordkeeping requirements in this 

action do not change any recordkeeping 

requirements where an owner or 

operator chooses to use an ALD system 

per 40 CFR 82.157(g)(4) for appliances 

containing ODS refrigerants. 

EPA requests comment on whether 

the Agency should require reporting of 

ALD system alerts to the agency. 

Specifically, EPA requests comment on 

whether owner or operators of 

refrigerant-containing appliances that 

have a full charge of 1,500 pounds 

should be required to file a report with 


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75 Draft Report—Analysis of the U.S. 

Hydrofluorocarbon Reclamation Market: 

Stakeholders, Drivers, and Practices, October 2022. 

Available: https://www.epa.gov/system/files/ 

documents/2022-10/Draft_HFC-ReclamationReport_10-13-22%20sxf%20v3.pdf. 76Stakeholder meeting for input on an upcoming 

regulatory action under subsection (h) of the AIM 

Act, November 2022. Available: https://

www.epa.gov/system/files/documents/2022-11/ 

AIM%20Act%20Stakeholder%20Meeting_HFC%

20Management_11-9-2022.pdf. 77Comments submitted to response of NODA 

published on October 17, 2022 (87 FR 62843) are 

available in the docket for this proposed rulemaking 

at https://www.regulations.gov. 

78Stakeholder meeting on HFC reclamation under 

the AIM Act, March 2023. Available: https://

www.epa.gov/system/files/documents/2023-04/ 

HFC%20Management_Reclaimer%20Stake

holder%20Mtg_Final%203-15-23.pdf. 

79Webinar—Subsection (h) Under the American 

Innovation and Manufacturing Act, April 2023. 

Available: https://www.epa.gov/greenchill/webinarsubsection-h-under-american-innovation-andmanufacturing-act. 

the agency within 120 days of an ALD 

system alert that describes the incident 

and follow-up leak rate calculation and/ 

or repairs. Alternatively, EPA requests 

comment on an annual reporting 

requirement that would catalogue all 

ALD system alerts that occurred in a 

one-year period and the follow-up 

actions associated with those alerts. 

EPA is not proposing either of these 

reporting requirements as its lead option 

because the Agency believes the 

proposed requirements for chronically 

leaking appliance reports may be 

sufficient to accomplish the policy 

objectives of verifying that appropriate 

repairs are undertaken when a 

refrigerant-containing appliance has a 

significant history of leaks. 

D. How is EPA proposing to establish 

requirements for the use of recovered 

and reclaimed HFCs? 

1. Background 

As described more fully in section 

II.B. in this proposal, subsection (h) of 

the AIM Act directs EPA to promulgate 

regulations for certain purposes 

identified in the statutory text, which 

include maximizing the reclamation of 

regulated substances. More specifically, 

subsection (h)(1) gives EPA authority to 

promulgate regulations to control, 

where appropriate, any practice, 

process, or activity related to the 

servicing, repair, disposal, or 

installation of equipment that involves 

HFCs or their substitutes, or the 

reclaiming of HFCs or their substitutes 

used as a refrigerant. With respect to 

reclamation, EPA interprets subsection 

(h) as including authority for EPA to 

establish regulations to control such 

practices, processes, or activities that 

are intended to increase reclamation of 

HFCs, as well as substitutes for HFCs 

that are used as refrigerants. Such 

regulations could include those that are 

designed to increase market demand for 

reclaimed HFCs with a goal of 

increasing the amount of HFCs that are 

reclaimed, which would further serve 

the purpose of maximizing the 

reclamation of regulated substances. 

Consistent with this interpretation, EPA 

is proposing requirements for the use of 

reclaimed HFCs in the installation, 

servicing, or repair of certain 

equipment. In this rulemaking, EPA is 

not considering establishing 

requirements for the use of reclaimed 

HFC substitutes. Substitutes for HFCs, 

for the purposes of this proposal, range 

from fluorinated chemistry (e.g., HFOs), 

non-fluorinated chemistry (e.g., 

hydrocarbons), and not-in-kind 

substitutes. In this proposed 

rulemaking, EPA determined it would 

be prudent to limit the proposed 

requirements to HFCs, given the 

consumption and production 

phasedown will create scarcity for 

virgin HFCs and such demand can 

partly be addressed by increased use of 

reclaimed HFCs where possible. 

Reclamation of refrigerants has played 

an important role in smoothing the 

phase out of ODS refrigerants. The 

continued availability of ODS 

refrigerants helped ensure that 

equipment could continue to be used 

even after the phaseout date for 

production and consumption of various 

class I and class II ODS. Even today, 

more than 25 years after the class I 

phaseout, reclaimed class I ODS remain 

available for servicing appliances. 

Reclamation of HFCs already plays a 

nascent role in the refrigerant market 

and is expected to be of increasing 

importance as HFC production and 

consumption are phased down. By 

bolstering the current supply of HFCs 

with recovered and reclaimed 

refrigerants from existing systems, 

reclamation can support a smooth 

transition to substitutes for HFCs, 

minimize disruption of the current 

capital stock of equipment by allowing 

its continued use with existing 

refrigerant supplies, avoid supply 

shortages of virgin refrigerants, and can 

insulate the industry against price 

spikes that could affect the servicing of 

existing systems using HFCs. 

EPA published a Notice of Data 

Availability (NODA) on October 17, 

2022 (87 FR 62843) to alert stakeholders 

of information regarding the U.S. HFC 

reclamation market, available through a 

draft report, Analysis of the U.S. 

Hydrofluorocarbon Reclamation Market: 

Stakeholders, Drivers, and Practices.75

EPA solicited stakeholder feedback and 

held a public stakeholder meeting 

shortly after the NODA was published 

on November 9, 2022.76 EPA received 

comments 77 from various entities in 

response to the published NODA and 

from the stakeholder meeting held, 

including comments from reclaimers, 

industry organizations, environmental 

non-government organizations (ENGOs), 

OEMs, and a private citizen. 

Commenters provided input on a variety 

of topics. They noted the importance of 

tackling certain barriers to increased 

reclamation and availability of 

reclaimed HFCs on the market. Such 

barriers included increasing recovery of 

refrigerants, handling mixed refrigerants 

returned to reclaimers, and reclaiming 

certain patented blends. Commenters 

also provided input on consideration for 

a clear standard of what constitutes 

reclaimed HFCs, as well as improved 

tracking of HFCs in the supply chain. 

Further, some commenters noted 

opportunities for requiring the use of 

reclaimed materials in certain uses (e.g., 

first charge of certain equipment). EPA 

held an additional public stakeholder 

meeting on March 16, 2023 and a 

webinar through EPA’s GreenChill 

Partnership Program on April 12, 2023 

and heard many similar comments.78 79

Interested parties may view the draft 

report, the materials for the public 

meetings, and the comments the Agency 

received in response to the NODA in the 

docket for this action. Further, EPA is 

providing an updated version of the 

draft report, titled Updated Draft 

Report—Analysis of the U.S. 

Hydrofluorocarbon Reclamation Market: 

Stakeholders, Drivers, and Practices, in 

the docket of this action that 

incorporates feedback heard in the 

stakeholder meetings and as provided in 

comments to the NODA. 

2. Proposed Reclamation Standard 

Subsection (b)(9) of the AIM Act 

provides a statutory definition for 

‘‘reclaim, reclamation.’’ This definition 

refers to the reprocessing of a recovered 

regulated substance to meet at least the 

purity described in standard AHRI 700– 

2016 (or an appropriate successor 

standard adopted by the Administrator), 

and that the purity of the reclaimed 

regulated substances must be verified 

using, at a minimum, the analytical 

method described in that standard. EPA 

promulgated a definition for ‘‘reclaim’’ 

in the Allocation Framework Rule (86 

FR 55116, October 5, 2021) that is 

consistent with the definition provided 

by the AIM Act. As noted in section 

IV.A. of this proposal, the Agency 

intends to maintain consistency, except 

as otherwise explained in this proposal, 


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80 In some cases, virgin refrigerant may be 

combined with less pure recovered refrigerant to 

achieve the required applicable purity standard; 

however, other higher purity refrigerants, such as 

previously reclaimed refrigerants could also be used 

to achieve the same result. 

81Environmental Investigations Agency, the 

Natural Resources Defense Council, and the 

Institute for Governance & Sustainable 

Development, The 90 Million Ton Opportunity: 

Lifecycle Refrigerant Management (LMR), available 

at: https://www.nrdc.org/sites/default/files/lrm-90- 

billion-ton-opportunity-report-20221020.pdf. 

and use terms in this proposal, and in 

the new subpart C, which is proposed 

to be established in this rulemaking, as 

they are defined in subpart A. 

Subsection (h)(2)(B) of the AIM Act 

provides that any regulated substance 

used as a refrigerant that is recovered 

shall be reclaimed before being sold or 

transferred to a new owner, except 

where the recovered regulated substance 

is sold or transferred to a new owner 

solely for the purposes of being 

reclaimed or destroyed. EPA is 

proposing regulations to implement the 

statutory requirement in subsection 

(h)(2)(B) for stationary refrigerantcontaining equipment. This would be 

particularly relevant to the refrigerantcontaining appliances for which EPA is 

proposing requirements to use 

reclaimed HFCs in sections IV.D.3. and 

IV.D.4. of this proposal. More 

specifically, EPA is proposing to 

prohibit the sale, distribution, or 

transfer to a new owner, or the offer for 

sale, distribution, or transfer to a new 

owner, any regulated substance used as 

a refrigerant in stationary refrigerantcontaining equipment consisting in 

whole or in part of recovered regulated 

substances. This prohibition would not 

apply where the recovered regulated 

substances are reclaimed by an EPAcertified reclaimer (as described in 40 

CFR 82.164) and has been reclaimed to 

the required purity standard, or if the 

recovered regulated substance is being 

sold, distributed, or transferred to a new 

owner, or offered for sale, distribution, 

or transfer to a new owner solely for the 

purposes of being reclaimed or 

destroyed. These proposed provisions 

are intended to support the 

implementation of this statutory 

provision for stationary refrigerantcontaining equipment in the context of 

other requirements proposed in this 

rulemaking, including by outlining 

more specific requirements for the 

reclamation that would need to occur 

before sale or any of the other listed 

activities for such regulated substances, 

as well as incorporating the statutory 

exception for situations where such 

recovered regulated substances are sold 

or transferred solely for the purposes of 

being reclaimed or destroyed. EPA 

further discusses its anticipated 

approach for recovered regulated 

substances used as refrigerants in 

MVAC equipment in section IV.H. of 

this preamble. 

To support consistent implementation 

of the proposed requirements for the use 

of reclaimed HFCs in the installation, 

servicing, or repair of certain 

equipment, EPA is proposing a standard 

for the amount of virgin HFC refrigerant 

that can be included in any HFC or HFC 

blend reclaimed refrigerant. These 

requirements are being proposed as part 

of implementing subsection (h)(1) of the 

AIM Act, as these provisions would 

control practices, processes, or activities 

regarding the installation, servicing or 

repair of equipment and would involve 

a regulated substance or the reclaiming 

of a regulated substance used as a 

refrigerant. 

Typically, CAA section 608 certified 

reclaimers meet the required purity 

standards for reclaimed refrigerants by 

using separation technology (e.g., 

fractional distillation), combining high 

purity 80 refrigerant with recovered 

refrigerant until the purity standard is 

met, or using a combination of these 

approaches. In some cases, 

sophisticated fractional distillation 

technology is required to purify 

recovered refrigerants. Combining high 

purity (e.g., virgin) refrigerants with 

recovered refrigerants is an approach 

that some CAA section 608 certified 

reclaimers may use to meet the required 

purity standard. In that approach, virgin 

or otherwise high purity (e.g., other 

reclaimed refrigerants) refrigerant is 

added to the recovered refrigerant, 

which may or may not have gone 

through some degree of reprocessing, 

until the final product meets the purity 

specifications to be considered 

reclaimed. A combination of separation 

technology and using virgin HFCs may 

be used, in which the separation 

technology reprocesses the refrigerant 

nearly to the required purity standard 

and high purity refrigerant is used to 

rebalance the refrigerant and/or fully 

achieve the standard. 

As the HFC phasedown progresses, 

the overall quantity of virgin HFCs 

available, including to facilitate 

reclamation through blending or 

rebalancing, will decrease. In addition, 

the Agency considers that limiting the 

extent to which the purity standard for 

reclamation is achieved through 

combining with virgin refrigerant 

(besides what the Agency understands 

to be the necessary rebalancing, 

particularly of certain blends) will 

support the purposes of its proposed 

regulations for use of reclaimed 

refrigerant, including maximizing 

reclamation, as well as bolstering the 

available supply of HFCs in the market. 

Therefore, EPA is proposing to establish 

a limit on the amount, by weight of 

virgin HFC refrigerants, that can be 

contained in reclaimed HFC refrigerant. 

The proposed amount is no more than 

15 percent virgin HFC refrigerants, by 

weight. As EPA understands, reclaimed 

HFCs may be reprocessed in a batch, 

from which containers, such as 

cylinders, may be filled and sold or 

distributed. In this case, EPA is not 

proposing to require that each 

individual container or cylinder be 

rationed out to meet the allowable limit 

of virgin HFCs. Rather, EPA would 

expect that at the batch level, the 

reclaimed HFCs do not exceed 15 

percent, by weight, virgin HFCs. In 

order to support compliance with and 

enforcement of these proposed 

requirements, EPA is proposing labeling 

and recordkeeping requirements as well 

as proposing to prohibit the sale, 

identification, or reporting of refrigerant 

as being reclaimed if the HFC 

component of the resulting refrigerant 

contains more than 15 percent, by 

weight, of virgin HFC. Similarly, to 

ensure that this standard is supporting 

the reclamation of substances that have 

had bona fide use in equipment, EPA 

would not consider a refrigerant to be 

reclaimed if it contains a recovered 

regulated substance that has not had 

bona fide use in equipment, unless that 

recovered refrigerant was from the heel 

or residue of a container that had a bona 

fide use in the servicing, repair, or 

installation of refrigerant-containing 

equipment. 

As the Agency developed this aspect 

of the proposal under the AIM Act 

subsection (h), EPA considered a 

number of sources of information about 

the approach to the use of virgin 

refrigerant in reclaimed refrigerant, 

including but not limited to the NODA 

(87 FR 62843, October 17, 2022) on the 

state of reclamation and comments 

received, relevant state regulations, 

comments made during stakeholder 

meetings, and a 2022 report by a group 

of ENGOs (Environmental Investigations 

Agency, the Natural Resources Defense 

Council, and the Institute for 

Governance & Sustainable 

Development).81 Limiting the amount of 

virgin refrigerant was not included in 

the CAA section 608 regulations. 

However, consistent with sources of 

information noted above and in 

recognizing the context of the overall 

structure of the AIM Act phasedown, 

EPA assessed the current landscape of 

requirements for defining the 

composition of reclaimed HFCs as it 


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82California Code of Regulations, Prohibitions on 

Use of Certain Hydrofluorocarbons in Stationary 

Refrigeration, Stationary Air-conditioning, and 

Other End-Uses. Available: https://ww2.arb.ca.gov/ 

sites/default/files/barcu/regact/2020/hfc2020/ 

frorevised.pdf. 83Final Statement of Reasons for Rulemaking, 

Including Summary of Comment sand Agency 

Response, State of California Air Resources Board, 

available at: https://ww2.arb.ca.gov/sites/default/ 

files/barcu/regact/2020/hfc2020/fsorrevised.pdf. 

relates to the amounts of virgin and 

recovered HFCs contained. EPA notes 

that the State of California currently has 

such a definition in its regulations. The 

CARB finalized a regulation, effective 

January 1, 2022, that defines ‘‘certified 

reclaimed refrigerant’’ as containing no 

more than 15 percent virgin refrigerant 

by weight and the certified reclaimer 

must provide supporting documentation 

showing as such.82 CARB arrived at a 

maximum allowable amount of virgin 

HFCs of 15 percent by weight in 

‘‘certified reclaimed refrigerant’’ based 

on feedback from multiple stakeholders 

(including reclaimers, OEMs, and 

industry trade groups) who commented 

that having an allowable amount of 

virgin HFCs in reclaimed HFCs would 

be necessary for rebalancing out-of-ratio 

recovered HFCs and HFC blends.83

During a November 2022 stakeholder 

meeting EPA hosted and in comments 

submitted in response to the October 

2022 NODA, several participants 

referred to CARB’s 15 percent 

requirement as a workable limit for 

reclaimed refrigerant. The ENGO report 

suggests that a 15 percent requirement 

should be the maximin amount of virgin 

refrigerant the Agency should consider; 

however, EPA is not aware of a specific 

alternative proposed limit that the 

groups that developed this report are 

suggesting. 

Based on the information described 

above from CARB and others, EPA is 

proposing to conclude that placing a 

limit on virgin HFCs in reclaimed HFC 

refrigerant is necessary to avoid 

situations where unlimited virgin HFCs 

could be sold as reclaimed HFC 

refrigerant if even a small amount of 

reclaimed HFCs are present. EPA notes 

that the limit of 15 percent virgin HFC 

refrigerant, by weight, in reclaimed 

HFCs as proposed in this action is 

consistent with the requirements in the 

State of California for what is defined as 

‘‘certified reclaimed refrigerant.’’ 

Accordingly, EPA anticipates that 

regulated entities could draw on the 

experience of those regulated entities 

complying with California’s limit in 

implementing this requirement. As part 

of developing this proposal, EPA 

considered the process which CARB 

underwent with industry and trade 

associations, both of which have a 

national presence, to land on this limit. 

Further, EPA acknowledges CARB’s 

consideration of avoiding a scenario in 

which reclaimed HFCs could be sold as 

such, but actually contain mostly virgin 

HFC refrigerant with minimal amounts 

of recovered HFCs. Such a scenario 

would be inconsistent with the purpose 

identified in the subsection (h) of the 

AIM Act to maximize the reclamation of 

regulated substances and could cause 

strain on the supply of virgin HFC 

refrigerants available as EPA 

implements the provisions in the AIM 

Act related to phasing down the 

production and consumption of HFCs. 

As part of the initial regulations to 

implement subsection (h), for specified 

subsectors and applications, EPA is 

proposing to establish requirements that 

specific practices, processes, or 

activities regarding the servicing, repair, 

or installation of equipment be 

conducted using reclaimed HFCs, 

meeting the proposed criteria described 

in this section. In particular, EPA is 

proposing to require that HFCs that are 

considered to be reclaimed must contain 

no more than 15 percent, by weight, of 

virgin HFCs. EPA recognizes that some 

amount of virgin HFC refrigerant may be 

needed to meet the required purity 

standard and correct blend composition 

for HFC blends and/or HFC and HFC 

substitute blends. 

In the case of reclaimed refrigerant 

blends that contain other components 

that are substitutes for HFCs (e.g., HFOs, 

hydrocarbons), EPA is proposing that 

only the HFC portion of the reclaimed 

blend is required to meet the virgin 

substance limit (i.e., 15 percent, by 

weight). EPA notes that subsection 

(h)(1) of the AIM Act provides authority 

to promulgate regulations to control, 

where appropriate, practices, processes, 

or activities related to the servicing, 

repair, disposal, or installation of 

equipment that involves reclaiming of a 

substitute for a regulated substance used 

as a refrigerant. EPA interprets this 

provision to provide it authority which 

could include requiring, where 

appropriate, the use of reclaimed HFC 

substitute refrigerants in practices, 

processes, or activities related to the 

servicing, repair, disposal, or 

installation of equipment. However, at 

this time, we are not proposing a 

requirement on establishing a standard 

limiting the amount of virgin material 

for what is considered a reclaimed 

substitute for HFCs. 

EPA is proposing labeling and 

recordkeeping requirements to support 

the proposed provision implementing a 

standard for reclaimed HFC refrigerants 

to contain no more than 15 percent, by 

weight, virgin HFCs. These 

requirements would help ensure that 

reclaimed HFCs would not exceed the 

limit for virgin HFCs and also help 

ensure that reclaimed HFCs are used for 

servicing, repair, and/or installation of 

equipment as proposed in sections 

IV.D.3. and IV.D.4. of this proposal. EPA 

is proposing that certified reclaimers 

would be required to affix a label to 

containers that are being sold or 

distributed or offered for sale or 

distribution that would certify that the 

reclaimed HFC refrigerant meets the 

proposed requirements to contain no 

more than 15 percent virgin HFCs. The 

label would further serve to inform 

owners or operators of refrigerantcontaining equipment that the 

reclaimed HFCs meet the proposed 

requirements to be used for servicing, 

repair, and/or installation of equipment 

in the covered subsectors of this 

proposal (see sections IV.D.3. and 

IV.D.4.). EPA is proposing that certified 

reclaimers must affix this label to 

reclaimed HFCs being sold or 

distributed or offered for sale or 

distribution beginning January 1, 2026. 

The label would be required to follow 

the specifications as described in the 

proposed regulatory text at § 84.112. 

EPA is also proposing a recordkeeping 

requirement related to the proposed 

provision to limit reclaimed HFCs to not 

exceed 15 percent virgin HFCs, by 

weight. The recordkeeping requirement 

would help provide certainty that the 

reclaimed HFCs that are in a container 

do not exceed the limit for virgin HFCs. 

EPA is proposing to require that 

certified reclaimers create and maintain 

a record related to the reclaimed HFCs 

that would be filled in containers. As 

described above, reclaimed HFCs may 

be reprocessed in a batch, from which 

containers, such as cylinders, may be 

filled and sold or distributed. As noted, 

EPA is not proposing to require that 

each individual container or cylinder be 

rationed out to meet the allowable limit 

of virgin HFCs. Rather, EPA would 

expect that at the batch level, the 

reclaimed HFCs do not exceed 15 

percent, by weight, virgin HFCs. EPA is 

proposing that a certified reclaimer 

would be required to provide a record 

of certification that the reclaimed HFCs 

being sold in a container were sourced 

from a batch that met the proposed 

standard. Further, the record generated 

would be required to contain the 

following information: the name, 

address, contact person, email address, 

and phone number of the certified 

reclaimer, the date the container was 

filled with reclaimed HFC(s), the 

amount and name of the HFC(s) in the 

container, certification that the contents 


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84Field-charging of equipment occurs when of a 

piece of equipment shipped to the location in 

which it will be installed. Equipment may also be 

field-charged when the overall system is not a 

single piece of equipment, but rather is a collection 

of components installed to meet a particular 

configuration (e.g., installation of a supermarket 

system). 

of the container are from a batch where 

the amount of virgin HFCs does not 

exceed 15 percent, by weight, of the 

total HFCs, the unique serial number of 

the container(s) filled from the batch, 

identification of the batch of reclaimed 

HFCs used to fill the container(s) and 

the percent, by weight, of virgin HFC(s) 

in the batch used to fill the container(s). 

EPA is proposing to require that such 

record would be required to be 

generated beginning January 1, 2026 and 

be maintained for three years. 

EPA is seeking comment on 

considering whether the requirements 

for generating a machine-readable 

tracking identifier per section IV.F.3. of 

this proposal would satisfy these 

proposed labeling and recordkeeping 

requirements to implement the limit of 

15 percent virgin HFCs, by weight, in 

reclaimed HFCs. For example, EPA is 

seeking comment on whether the data 

elements required for generating the 

machine-readable tracking identifier 

would be sufficient for certifying that 

the limit for virgin HFCs is not 

exceeded. EPA is also seeking comment 

on whether or how the information 

proposed to be required in the 

generation of a machine-readable 

tracking identifier would serve the 

purpose of ensuring that a certified 

reclaimer has certified that no more 

than 15 percent virgin HFCs, by weight 

were used to formulate the reclaimed 

HFCs, and whether or how this 

information would also help to inform 

owners and operators in the proposed 

RACHP subsectors who would be 

required to use reclaimed HFCs for the 

servicing, repair, and/or installation of 

equipment, that they are using 

reclaimed HFCs meeting the proposed 

standards. Further, EPA seeks comment 

on whether an additional label would be 

required or any current labels affixed to 

a container of reclaimed HFCs could be 

adjusted to accommodate these 

proposed requirements. 

EPA is requesting comments on all 

aspects of this proposal, and in 

particular, aspects of setting a standard 

for the amount of virgin HFC refrigerant 

in reclaimed HFCs. EPA is seeking 

comment on whether to establish a 

lower percentage of allowable virgin 

HFC refrigerants, for example, EPA 

could allow no more than 10 percent 

virgin HFCs, by weight, in reclaimed 

HFCs that are used to meet these 

proposed requirements. EPA is also 

seeking comment on our proposal to not 

require a limit on the amount of virgin 

refrigerant used in reclaimed substitutes 

for HFCs. The Agency is seeking 

comment on the proposed 

recordkeeping and labeling 

requirements to ensure that the 

reclaimed HFCs do not exceed 15 

percent, by weight, virgin HFCs, and 

which party or parties should be 

responsible for maintaining the record. 

Specifically, EPA is seeking comment 

on adding a label to reclaimed HFC 

refrigerants that would identify them as 

such, since it is EPA’s understanding 

that not all reclaimed HFC refrigerants 

are explicitly marketed as such. 

3. Proposed Requirements for Initial 

Charge of Equipment for Subsectors in 

the RACHP Sector 

EPA is proposing that for certain 

subsectors and applications in the 

RACHP sector where HFCs or a blend 

containing HFCs are used, the initial 

charge of refrigerant-containing 

equipment must be with reclaimed 

HFCs starting January 1, 2028. 

Specifically, in the case of certain 

factory-charged refrigerant-containing 

equipment that use HFCs as the 

refrigerant, EPA is proposing that such 

equipment in the covered subsectors 

and applications sold or distributed, or 

offered for sale or distribution, for 

installation, or installed, in the United 

States would be required to have 

reclaimed HFCs be used for the initial 

charge. For certain refrigerantcontaining equipment using HFCs that 

are initially charged in the field (e.g., 

on-site),84 EPA is proposing to require 

that reclaimed HFCs be used for the 

initial charge during installation of the 

equipment. These requirements are 

being proposed as part of implementing 

subsection (h)(1) of the AIM Act, as 

these provisions would control 

practices, processes, or activities 

regarding the installation of equipment, 

and would involve a regulated 

substance or the reclaiming of a 

regulated substances used as a 

refrigerant. 

In the case of field-charged equipment 

that are designed to be configured to 

particular application (e.g., custom-built 

or not ‘‘off-the-shelf’’ equipment), EPA 

is proposing that for certain refrigerantcontaining equipment (e.g., retail food 

refrigeration supermarket system) a new 

installation would be considered to 

have occurred if the overall cooling 

capacity is increased or the entire 

refrigeration loop is replaced 

(compressor, condenser, evaporator, 

etc.). For example, EPA understands 

that in some situations components may 

be added to current systems, such as if 

the cooling demand of a particular 

system increases (e.g., expansion of a 

supermarket). In other cases, 

components may be added to a system 

without changing the overall cooling 

capacity or replacing the refrigeration 

loop. In these cases, EPA is not 

proposing to consider this a new 

installation and the use of reclaimed 

HFCs would not be required unless the 

equipment had already been required to 

use reclaimed HFCs for its original 

installation. Under the proposed 

requirements, where equipment was 

already required to have been charged 

with reclaimed HFCs when installed, 

reclaimed HFCs must continue to be 

used even if a component is added to a 

system but the cooling capacity is 

unchanged or the refrigerant loop is not 

replaced. Proposed requirements for 

servicing or repair of certain equipment 

with reclaimed HFCs would apply in 

the event that refrigerant needs to be 

removed or other servicing or repair is 

required. Section IV.D.4 of this proposal 

describes what EPA is proposing for the 

use of reclaimed HFCs for the servicing 

and/or repair of certain refrigerantcontaining equipment. 

As explained in this section, EPA is 

proposing requirements for using 

reclaimed HFCs as the initial charge in 

certain refrigerant-containing equipment 

that will be sold or distributed or 

offered for sale or distribution for 

installation or installed in the United 

States in certain RACHP subsectors and 

applications. EPA is proposing to delay 

the compliance date for the 

requirements for using reclaimed HFCs 

as the initial charge in certain 

equipment until January 1, 2028. 

On January 1, 2029, under the HFC 

phasedown schedule prescribed by 

Congress in subsection (e)(2)(C) of the 

AIM Act, the HFC production and 

consumption caps decrease by 70% as 

compared to historic baseline levels. 

While EPA anticipates that many 

equipment manufacturers will transition 

to substitutes for HFCs, reclaimed HFCs 

are anticipated to fill a vital role in 

supplying industry with usable HFCs 

for new and existing equipment. The 

experience with the phaseout of class I 

and class II ODS suggests that 

reclamation will be an important option 

for smoothing the phasedown. However, 

given the AIM Act calls for a 

phasedown of HFCs and not a phaseout, 

there also likely could be a continuing 

dependency on HFCs, at least for certain 

sectors and subsectors, indefinitely. 

Therefore, experience with similar 

chemicals and considering how markets 

may respond to a phasedown, were 

among the factors EPA considered when 


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72256 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

85U.S. EPA, Summary of Refrigerant Reclamation 

Trends, available: https://www.epa.gov/section608/ 

summary-refrigerant-reclamation-trends. 

86Environmental Investigations Agency, the 

Natural Resources Defense Council, and the 

Institute for Governance & Sustainable 

Development, The 90 Million Ton Opportunity: 

Lifecycle Refrigerant Management (LMR), available 

at: https://www.nrdc.org/sites/default/files/lrm-90- 

billion-ton-opportunity-report-20221020.pdf. 

87 Daikin Reclaimed Refrigerant Initiative in 

partnership with A-Gas, available at: https://

www.chillaire.co.uk/reclaimed-refrigerantinitiative/. 

88EPA has proposed to restrict the use of certain 

higher-GWP HFCs in these seven subsectors 

through a rulemaking under subsection (i) of the 

AIM Act. (87 FR 76738, December 15, 2022). 

Although EPA has not yet made final decisions 

regarding these subsectors, such restrictions on 

higher-GWP HFCs could affect the use of such HFCs 

for initial charge in these subsectors by 2028, even 

if these HFCs were reclaimed prior to the initial 

charge. 

developing the proposed requirements 

for requiring use of reclaimed HFCs. 

EPA is aware that industry and, in 

particular, reclaimers may need time to 

adjust business practices and build 

capacity to reclaim HFCs to support this 

upcoming demand for reclaimed HFCs 

as well as make other changes. EPA 

publishes annual data on the trends of 

reclaimed refrigerants.85 These data for 

reclaimed HFCs begin in 2017, when the 

CAA section 608 requirements for 

reporting reclamation of HFCs began. 

Reclamation of HFC refrigerants have 

been generally steady since 2017 

through 2021; however, HFC 

reclamation had a sizeable increase of 

approximately 38 percent in 2022 

compared to 2021. EPA recognizes that 

these data mostly represent years ahead 

of when HFC production and 

consumption was capped, but the 

observed increase in reported HFC 

reclamation in 2022 shows an important 

step to making reclaimed HFCs more 

available on the market. Continued 

increases in the current levels of HFC 

reclamation will be necessary to meet 

the anticipated demand of HFCs in the 

subsectors for which EPA is proposing 

requirements for the use of reclaimed 

HFCs. EPA also recognizes the 

significant steps in the HFC phasedown 

that will occur in 2024 and 2029, and 

equipment using HFCs will generally 

rely on reclaimed HFCs, further adding 

to the demand of reclaimed HFCs. 

Proposing requirements for the use of 

reclaimed HFCs beginning in 2028 will 

give reclaimers and industry time to 

adjust business practices (e.g., changing 

suppliers) and build capacity, while 

allowing industry to have sufficient 

reclaimed HFCs ahead of the significant 

phasedown step which will reduce the 

amount of virgin HFCs that are available 

to meet demand for HFCs. Reclaimers 

who may need to build additional 

capacity would need this additional 

time to develop the necessary 

infrastructure to reclaim sufficient 

HFCs. 

The report by a group of ENGOs 86

states that a requirement for new 

equipment to use reclaimed HFCs 

would further help mitigate the climate 

impact of sectors that are transitioning 

away from very-high-GWP substances to 

mid-GWP substances as part of the HFC 

phasedown. The report states that a 

requirement to use reclaimed refrigerant 

instead of virgin refrigerants in specific 

subsectors ‘‘would go a long way 

towards building a market for reclaimed 

refrigerant and avoiding unnecessary 

emissions of virgin HFCs.’’ Specifically, 

it advocates for requirements to use of 

reclaimed refrigerant for initial charge 

and provides examples of subsectors to 

be covered for initial factory-charged 

equipment. Such examples include air 

conditioning and heat pumps where 

refrigerants such as HFC–32 and R– 

454B are among the likely candidates 

replace R–410A. The authors of the 

report note that it has been uncommon 

to use reclaimed refrigerant in new 

factory-charged equipment. However, 

they state that the use of reclaimed 

refrigerant in new air conditioners and 

heat pumps has been successfully 

executed on a voluntary basis in 

Europe.87

EPA is proposing that all refrigerantcontaining equipment (i.e., 100 percent) 

in the identified subsectors in this 

section use reclaimed HFCs for their 

initial charge. EPA is also considering 

requiring a certain percentage of some 

or all refrigerant-containing equipment 

in the subsectors identified in this 

aspect of the proposal be met with 

reclaimed HFCs for their initial charge. 

There may be certain advantages to such 

an approach including if availability of 

specific HFCs or HFC blends are not 

available in sufficient quantity to meet 

demand. However, complying with a 

percentage-based requirement could be 

challenging. Such an approach could 

also require additional recordkeeping or 

reporting requirements. If EPA were to 

use a percentage-based approach, in 

other words requiring for example 25, 

50, or 75 percent of the affected 

equipment be charged with reclaimed 

refrigerant, EPA anticipates that for 

factory-charged equipment, the 

recordkeeping and reporting 

requirements would be for the 

manufacturers while for field-charged 

equipment the requirements would be 

for the owners and operators. By 

proposing to require that all refrigerantcontaining equipment in the affected 

subsectors have reclaimed HFCs used in 

their initial charge, additional 

recordkeeping requirements would be 

avoided since OEMs and owners or 

operators could just purchase reclaimed 

HFCs rather than keep track of the 

amount of reclaimed and virgin HFCs 

they purchase for the initial charge of 

their equipment throughout the year, as 

would be necessary if only a portion of 

the affected equipment were required to 

be charged with reclaimed refrigerant. 

EPA also understands that a variant on 

type of percentage-based approach is 

used in California in a limited manner. 

EPA understands that California 

requires those that manufacture certain 

equipment (e.g., certain air-conditioning 

appliances) must purchase a certain 

amount of reclaimed refrigerant. 

However, California does not specify 

where or how the reclaimed refrigerants 

are used. 

Subsectors in the RACHP Sector 

EPA is proposing to require use of 

reclaimed HFCs in initial charges for 

new refrigerant-containing equipment 

the following subsectors that will be 

installed in the United States: 

• Residential and light commercial 

AC and heat pumps; 

• Cold storage warehouses; 

• Industrial process refrigeration; 

• Stand-alone retail food 

refrigeration; 

• Supermarket systems; 

• Refrigerated transport; and 

• Automatic commercial ice 

makers.88

The types of equipment that are in 

these subsectors may vary by when the 

initial charge of the refrigerant is added 

to the equipment. Some types of 

equipment in a given subsector may be 

charged with the refrigerant before the 

equipment is sold or distributed (i.e., 

factory-charged), while others within 

the same subsector or in a different 

subsector may have the refrigerant 

charged in the field (i.e., field-charged). 

For example, self-contained equipment 

(e.g., window air conditioning units) in 

the residential and light commercial air 

conditioning and heat pumps subsector 

are charged with refrigerant at the 

factory and sold with the refrigerant in 

the equipment before it is installed for 

its intended use. Larger pieces of 

equipment in the IPR or supermarket 

systems subsectors, for example, have 

the refrigerant charged in field. These 

larger pieces of equipment may be 

custom-built to meet the specific needs 

of the application in which they are 

used, and the refrigerant is charged 

during the installation of the equipment. 

Additional detail on the types of 


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89EPA, 2023. Updated Draft Report—Analysis of 

the U.S. Hydrofluorocarbon Reclamation Market: 

Stakeholders, Drivers, and Practices. Available in 

the docket (EPA–HQ–OAR–2022–0606) for this 

proposed rulemaking at https://

www.regulations.gov. 

90Comments submitted to response of NODA 

published on October 17, 2022 (87 FR 62843) are 

available in the docket (EPA–HQ–OAR–2022–0606) 

for this proposed rulemaking at https://

www.regulations.gov. 

equipment and the applications in 

which they are used in the listed 

subsectors is provided in the proposed 

Technology Transitions Rule (87 FR 

76738, December 15, 2022). Although 

EPA has not yet issued a final 

Technology Transitions rule, we also 

anticipate considering, where 

appropriate, any further information 

provided on these types of equipment, 

applications, and subsectors in any final 

Technology Transitions rule as we are 

developing this rulemaking under 

subsection (h) of the AIM Act, in an 

effort to promote consistency where 

appropriate. 

EPA understands that, in practice, 

reclaimed HFCs meet the same purity 

standards as their virgin counterparts 

and function the same when used in 

equipment in the RACHP sector and 

other sectors. Comments in response to 

EPA’s NODA (87 FR 62843, October 17, 

2022) and in stakeholder meetings 

hosted by the Agency noted that there 

are not significant barriers to using 

reclaimed HFCs in the initial charge of 

equipment. Thus, EPA’s proposal to 

require the use of reclaimed HFCs 

regarding the installation of new 

equipment in the listed subsectors 

would not have any significant 

technical limitations. EPA is aware that 

the near-term capacity of reclaimed 

HFCs may not be sufficient to meet the 

total demand of HFCs in all new 

equipment across the whole RACHP 

sector and thus is proposing a subset of 

subsectors to be required to use 

reclaimed HFCs in the initial charge for 

the installation of new equipment. As 

described later in this section, the 

Agency also is seeking comment on 

requiring a percent of equipment in the 

subsector use reclaimed refrigerants 

rather than all equipment in that 

subsector given EPA understands that 

there could be other factors, such as 

introduction of new and/or patented 

refrigerants, that could affect the 

decision on the use of reclaimed 

refrigerants. For example, EPA could 

require manufacturers use reclaimed 

HFCs in 25, 50, or 75 percent of their 

total product lines for the covered 

product categories. The Agency 

describes later in this section in more 

detail and in the Updated Draft 

Report—Analysis of the U.S. 

Hydrofluorocarbon Reclamation Market: 

Stakeholders, Drivers, and Practices,89

the anticipated demand of HFCs for new 

refrigerant-containing equipment in 

these subsectors that would need to be 

met with reclaimed HFCs, and notes 

that the proposed compliance date for 

these proposed requirements would not 

be until 2028. The proposed compliance 

date provides industry a transition 

period to facilitate necessary changes in 

the current business practices and to 

allow for the HFC reclamation market to 

grow. Further, based on the restrictions 

in the proposed Technology Transition 

rule (87 FR 76738, December 15, 2022), 

industry should have a good sense of 

what HFCs and blends containing HFCs 

would be being used in new equipment. 

EPA is proposing requirements for the 

initial charge with reclaimed HFCs in 

equipment in these seven subsectors 

within the RACHP sector based on the 

Agency’s assessment of available 

reclaimed HFCs available to meet 

anticipated demand and that these are 

uses for which reclaimed refrigerants 

are appropriate to use. For example, 

EPA understands for certain subsectors, 

particularly those outside the RACHP 

sector, such as for certain medical 

devices (e.g., metered-dose inhalers), 

reclaimed HFCs would not be meet the 

specific quality and purification 

requirements. In its outreach, EPA asked 

about any significant challenges or 

barriers to using reclaimed HFCs as the 

initial charge of refrigerant in 

equipment. The Agency received 

comments in support of requiring 

reclaimed HFCs as the initial charge for 

equipment in response to the October 

2022 NODA and did not learn of any 

technical barriers.90

Reclaimed HFCs are purified and 

tested to verify they meet the levels as 

specified in appendix A to 40 CFR part 

82, subpart F (which is based on AHRI 

700–2016), as consistent with the 

definition of reclaim in 40 CFR part 84, 

subpart A. The Allocation Framework 

Rule (86 FR 55116, October 5, 2021) also 

requires that virgin HFC refrigerants 

meet this same standard. Therefore, 

their purity is indistinguishable. By 

requiring the use of reclaimed HFCs in 

these seven subsectors, EPA is 

providing opportunities to smooth 

transition to using reclaimed HFCs in 

new equipment that would be installed. 

EPA estimated the demand for initial 

charge of HFCs for equipment in the 

applicable subsectors in 2028 that 

would be required to be fulfilled with 

reclaimed HFCs per this proposal. EPA 

estimates that the total amount of 

reclaimed HFCs that would be required 

to meet demand for the initial charge of 

refrigerant-containing equipment in the 

covered subsectors would be 

approximately 23,300 metric tons, 

which is equivalent to 31.0 MMTCO2e 

in 2028. The subsector with the greatest 

amount of reclaimed HFCs needed to 

meet demand for the initial charge of 

equipment is the residential and light 

commercial subsector, at approximately 

18,600 metric tons (18.6 MMTCO2e) of 

reclaimed HFCs that would be required 

in 2028. Additional information on the 

demand of HFCs for the initial charge of 

refrigerant-containing equipment in the 

covered subsectors can be found in the 

Updated Draft Report—Analysis of the 

U.S. Hydrofluorocarbon Reclamation 

Market: Stakeholders, Drivers, and 

Practices in the docket for this 

rulemaking. 

EPA is requesting comment on all 

aspects of this rule. With regard to the 

proposed requirements for using 

reclaimed HFCs in the initial charge of 

certain refrigerant-containing 

equipment, EPA is requesting comment 

on whether the requirement to use 

reclaimed HFCs in the initial charge of 

certain equipment should exclude 

certain HFCs or HFC blends because 

there are barriers to establishing the 

requisite availability of reclaimed 

refrigerants by the proposed January 1, 

2028, compliance date. Such barriers 

could potentially include niche HFCs or 

HFC blends that are not manufactured 

or reclaimed at significant volumes but 

are key to certain subsectors, HFCs or 

HFC blends that were recently 

commercialized such that the amount of 

used material is not yet sufficient to 

provide the input to a supply of reclaim 

material, or certain refrigerants that may 

be subject to specific types of patents. 

EPA is also interested in comments 

regarding the proposed list of covered 

subsectors that would be required to use 

reclaimed HFCs in the initial charge of 

new equipment, and if EPA should 

consider any additional subsectors or 

fewer subsectors. As discussed in 

section IV.D.3., EPA noted that the 

Agency considered a percentage-based 

approach for the reclaim requirements 

for initial charge. EPA is requesting 

comment on this percentage-based 

approach where requirements for using 

reclaimed HFCs for initial charge of 

equipment in the covered subsectors 

could be phased in over time compared 

to the proposed requirement to solely 

use reclaimed HFCs in the initial charge 

of certain equipment. In other words, 

EPA could require, for example, 25, 50 

or 75 percent of a subsector use reclaim 

for initial charge indefinitely, or as an 

alternative example, that 25 percent do 

so in 2026, 50 percent in 2027, 75 


lotter on DSK11XQN23PROD with PROPOSALS2
72258 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

91Hudson Technologies, Emerald Refrigerants. 

More information available at: https://

www.hudsontech.com/refrigerants/emeraldrefrigerants/. 

percent in 2028, and 100 percent in 

2029. EPA also requests comment on the 

proposed compliance date of January 1, 

2028 in general, for use of reclaimed 

HFCs in the initial charge of new 

equipment in applicable RACHP 

subsectors. EPA is interested in whether 

reclaimers anticipate being able to meet 

the demand in 2028. 

4. Proposed Requirements for Servicing 

and/or Repair of Existing Equipment in 

Subsectors in the RACHP Sector 

EPA is proposing that the servicing 

and/or repair of refrigerant-containing 

appliances in certain subsectors and 

applications in the RACHP sector where 

HFCs (whether neat or in a blend) are 

being used be done with reclaimed 

HFCs starting January 1, 2028. As noted 

in section IV.D.3, these requirements are 

being proposed as part of implementing 

subsection (h)(1) of the AIM Act. The 

proposed requirements discussed in this 

section of the preamble would control 

practices, processes, and activities 

regarding the servicing and/or repair of 

equipment and involve HFCs and the 

reclaiming of HFCs used as a refrigerant 

by requiring that such servicing and/or 

repair be done with reclaimed HFCs. 

Existing equipment that is currently 

using HFCs or a blend containing HFCs 

is anticipated to continue to need these 

substances as the phasedown of the 

production and consumption of HFCs 

under other provisions of the AIM Act 

progresses, such as for servicing needs. 

As virgin HFC refrigerants become 

increasingly scarce, we expect industry 

will rely on using reclaimed HFCs to 

meet their needs for servicing existing 

equipment. EPA is proposing 

requirements that reclaimed HFCs be 

used to service and/or repair equipment 

within certain RACHP subsectors and 

applications. 

As noted in the prior section on 

reclaim requirements for initial charge 

of equipment in certain RACHP 

subsectors, EPA is considering many 

types of information in developing the 

proposed requirements for reclaimed 

HFC refrigerants in the servicing and/or 

repair of equipment in certain RACHP 

subsectors. For example, EPA is 

drawing on the past data and history of 

the reclamation of ODS, as explained in 

section IV.D.3. EPA is also considering 

the experience in California and the EU. 

EPA also reflected on information 

submitted in response to the October 

2022 NODA and the recent report by a 

group of ENGOs referred to previously. 

EPA is aware that as more reclaimed 

HFCs are used, either as required per 

the proposed provision or otherwise 

used as virgin HFCs become scarcer, 

market prices for reclaimed HFCs may 

shift. Lastly, EPA considered the 

anticipated effect of the overall 

phasedown of the production and 

consumption of HFCs and the vital role 

that reclaimed HFCs will likely play to 

meet the continuing need for using 

HFCs as refrigerants in the United 

States. EPA is requesting comment on 

these considerations and any other 

considerations or information that 

would be relevant to the proposed 

provisions for using reclaimed HFCs in 

the servicing/repair of refrigerantcontaining equipment. 

EPA is aware that industry, and, in 

particular, reclaimers will need time to 

adjust and build capacity to reclaim 

HFCs to support this upcoming demand 

for reclaimed HFCs. EPA is proposing a 

compliance date of January 1, 2028, for 

the required use of reclaimed HFCs in 

the servicing and/or repair of equipment 

in certain RACHP subsectors. As 

explained in section IV.D.3. of this 

proposal, requiring compliance with 

these requirements as of January 1, 

2028, would allow industry to transition 

to meet the increased demand for 

reclaimed HFCs and make changes to 

their current practices prior to the 

significant reduction in the production 

and consumption of HFCs in 2029. 

Subsectors in the RACHP Sector 

EPA is proposing to require, for the 

servicing and/or repair of refrigerantcontaining equipment in the following 

subsectors, that reclaimed HFCs be 

used: 

• Stand-alone retail food 

refrigeration; 

• Supermarket systems; 

• Refrigerated transport; and 

• Automatic commercial ice makers. 

As noted in section IV.D.3., EPA 

understands that reclaimed HFCs 

function the same as virgin HFCs in 

refrigerant-containing equipment and 

are required to meet the same purity 

levels as their virgin counterparts, as 

specified in appendix A to 40 CFR part 

82, subpart F (which is based on AHRI 

700–2016) and consistent with the 

definition of reclaim in 40 CFR part 82, 

subpart A. In particular in the RACHP 

sector, it may already be a practice for 

refrigerant-containing equipment to be 

serviced or repaired with reclaimed 

HFCs. Owners or operators or the 

technicians they contract may be using 

reclaimed HFCs during these practices, 

processes, or activities related to 

servicing and/or repair without 

specifically seeking to use reclaimed 

HFC refrigerants. In general, reclaimers 

do not specifically label their reclaimed 

HFC products when they sell or 

distribute them directly to technicians 

or a wholesaler or distributor; however, 

EPA is aware of at least one reclaimer 

that already markets a specific product 

line of reclaimed refrigerants.91 In most 

cases, EPA understands that owners or 

operators or technicians may be 

purchasing refrigerant for servicing and/ 

or repair that is most cost-effective, 

which may involve purchasing 

reclaimed refrigerants. 

EPA is aware that the current capacity 

of reclaimed HFCs may not be sufficient 

to meet the total demand of HFCs for 

practices, processes, or activities related 

to the servicing and/or repair of 

refrigerant-containing equipment across 

the whole RACHP sector and is 

proposing a subset of subsectors to be 

required to use reclaim in the servicing 

and/or repair of equipment. The Agency 

describes later in this section and in the 

Updated Draft Report—Analysis of the 

U.S. Hydrofluorocarbon Reclamation 

Market: Stakeholders, Drivers, and 

Practices in the docket for this 

rulemaking in more detail the 

anticipated demand of HFCs for 

servicing and/or repair of refrigerantcontaining equipment in these 

subsectors that would need to be met 

with reclaimed HFCs, and notes that the 

compliance date for these proposed 

requirements is not proposed to occur 

until January 1, 2028. This compliance 

date would provide industry a transition 

period to have enough reclaimed HFCs 

available to meet the demand for 

servicing and/or repair of equipment. 

EPA is proposing requirements for the 

use of reclaimed HFCs in the servicing 

and/or repair of equipment in four 

subsectors within the RACHP sector. 

EPA acknowledges the needed increase 

in the amount of HFCs available for the 

servicing and/or repair of equipment in 

these subsectors, and notes that these 

proposed requirements further serve one 

of the purposes identified in subsection 

(h), to maximize the reclaiming of 

regulated substances. Reclaimed HFCs 

are purified and tested to the levels as 

specified in appendix A to 40 CFR part 

82, subpart F (which is based on AHRI 

700–2016), as consistent with the 

definition of reclaim in 40 CFR part 82, 

subpart A and could be required to be 

used in other subsectors as well. These 

four subsectors in the RACHP sector 

provide opportunities for transitioning 

to using reclaimed HFCs in the servicing 

and/or repair of refrigerant-containing 

equipment as the phasedown of 

production and consumption virgin 

HFCs progresses under the AIM Act. 

These subsectors are expected to 


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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 72259 

92These industry standards may include NFPA 

2001 (Standard on Clean Agent Fire Extinguishing 

Systems), NFPA 10 (Standard for Portable Fire 

Extinguishers), ASTM D6064–11 (Standard 

Specification for HFC–227ea), ASTM D6231/ 

D6231M–21 (Standard Specification for HFC–125), 

ASTM D6541–21 (Standard Specification for HFC– 

236fa), and ASTM D6126/D6126M–21 (Standard 

Specification for HFC–23). 

continue to use HFCs in the current 

existing equipment and are likely to 

continue to have a steady demand for 

the HFCs in servicing and/or repair of 

the equipment. Thus, these subsectors 

are appropriate for proposing that the 

anticipated demand for servicing and/or 

repair of equipment be met with 

reclaimed HFC refrigerant. As noted 

above, there are likely already cases in 

which reclaimed HFC refrigerants are 

being used to service and/or repair 

equipment in these subsectors. 

EPA estimated the demand for 

servicing and/or repair with HFCs for 

refrigerant-containing equipment in the 

applicable subsectors in 2028 that 

would be required to be fulfilled with 

reclaimed HFCs per this proposal. 

EPA estimates that the total amount of 

reclaimed HFCs that would be required 

to meet the demand for the servicing 

and/or repair of refrigerant-containing 

equipment in the covered subsectors 

would be approximately 16,700 metric 

tons, which is equivalent to 46.8 

MMTCO2e in 2028. The subsector with 

the greatest amount of reclaimed HFCs 

needed to meet demand for servicing 

and/or repair of equipment is 

supermarket systems, at approximately 

12,900 metric tons (33.6 MMTCO2e) of 

reclaimed HFCs that would be required 

in 2028. Additional information on the 

demand of HFCs for the servicing and/ 

or repair of refrigerant-containing 

equipment in the covered subsectors 

can be found in the Updated Draft 

Report—Analysis of the U.S. 

Hydrofluorocarbon Reclamation Market: 

Stakeholders, Drivers, and Practices in 

the docket for this rulemaking. 

EPA is requesting comment on all 

aspects of this proposal. Regarding the 

proposed requirements for using 

reclaimed HFCs in the servicing and/or 

repair of certain refrigerant-containing 

equipment, EPA is requesting comment 

on whether the requirement to use 

reclaimed HFCs in the servicing and/or 

repair of certain equipment should 

exclude certain HFCs or HFC blends 

because there are barriers to establishing 

the requisite availability of reclaimed 

refrigerants by the proposed January 1, 

2028, compliance date. Such barriers 

could potentially include niche HFCs or 

HFC blends that are not manufactured 

or reclaimed at significant volumes but 

are key to certain subsectors, HFCs or 

HFC blends that were recently 

commercialized such that the amount of 

used material is not yet sufficient to 

provide the input to a supply of reclaim 

material, or certain refrigerants that may 

be subject to specific types of patents. 

EPA requests comment on other ways 

to structure the requirements to use 

reclaimed refrigerant in certain 

subsectors. EPA requests comment on 

whether the Agency should use a 

percentage-based approach and/or 

phase the requirements in by requiring 

a percentage of the HFCs or HFC blends 

used in the servicing and/or repair of 

refrigerant-containing equipment be 

reclaimed HFCs, and then increasing 

that percentage over time. In other 

words, EPA could require, for example, 

25, 50 or 75 percent of a subsector use 

reclaim for servicing and/or repair 

indefinitely, or as an alternative 

example, that 25 percent do so in 2026, 

50 percent in 2027, 75 percent in 2028, 

and 100 percent in 2029. Although this 

an option that the Agency is considering 

for the final rule, EPA is not proposing 

that as the lead option because the 

Agency has potential concerns, which 

are similar to those described in section 

IV.D.3. Particularly, as related to 

servicing and/or repair of equipment, 

the Agency has potential concerns about 

the recordkeeping and/or reporting 

requirements necessary to track and 

verify compliance with a percentagebased approach in relation to the policy 

goals of the provision. By proposing to 

require that all refrigerant-containing 

equipment in the affected subsector be 

serviced and/or repaired with reclaimed 

HFCs, additional recordkeeping 

requirements would be avoided since 

owners or operator could just purchase 

reclaimed HFCs rather than keep track 

of the amount of reclaimed and virgin 

HFCs they purchase to service their 

equipment throughout the year, as 

would be necessary if only a portion of 

the affected equipment were required to 

be serviced and/or repaired with 

reclaimed refrigerant. EPA requests 

comment on what recordkeeping and/or 

reporting would be necessary to verify 

compliance with a percentage-based 

option and which entities would 

ultimately be responsible for that 

recordkeeping and/or reporting. EPA 

also requests comment on the proposed 

compliance date of January 1, 2028 in 

general, for use of reclaimed HFCs in 

the servicing and/or repair of equipment 

in applicable RACHP subsectors. EPA is 

interested in whether reclaimers 

anticipate being able to meet the 

demand in 2028. 

E. How is EPA proposing to establish an 

HFC emissions reduction program for 

the fire suppression sector? 

1. Background 

As described in greater detail in 

section IV.B., HFCs and substitutes for 

HFCs are used in many different sectors, 

subsectors, and applications beyond 

those in the RACHP sector, and EPA 

interprets its authority under subsection 

(h) to include promulgating regulations 

that control the types of practices, 

processes, or activities identified in 

subsection (h)(1) in those sectors, 

subsectors, and applications, with the 

limitation that we do not interpret our 

regulatory authority under subsection 

(h) to extend to HFCs or substitutes for 

HFCs when they are contained in foams. 

For example, HFCs are also used in the 

fire suppression sector. 

EPA understands that different sectors 

use HFCs and their substitutes 

differently, and as such, the timing for 

emissions and mechanisms by which 

emissions occur can vary greatly across 

sectors. HFCs used in the fire 

suppression sector are used as a fire 

suppressant and should only be 

discharged from fire suppression 

equipment in the event of a fire. If there 

is no event to cause the fire suppression 

equipment to be used, the HFCs should 

not be discharged, and thus not emitted. 

EPA considered these differences as 

well as the types of equipment used for 

fire suppression in developing this 

proposed rule. EPA is proposing certain 

requirements to address HFC 

management for fire suppression under 

subsection (h). 

The Agency is not proposing any 

regulatory requirements under 

subsection (h) for HFC and HFC 

substitutes used in sectors, subsectors, 

and applications besides the RACHP 

and fire suppression sectors at this time. 

However, the Agency will continue to 

monitor the use and emissions of HFCs 

more generally and such information 

may inform future rulemakings under 

subsection (h). 

2. Nomenclature Used in This Section 

This section uses the term ‘‘recycled’’ 

or ‘‘recycling’’ to describe the testing 

and/or reprocessing of HFCs used in the 

fire suppression sector to certain purity 

standards.92 HFCs that are recycled for 

fire suppression use include HFC– 

227ea, HFC–125, HFC–236fa, and HFC– 

23. The term ‘‘recycled’’ or ‘‘recycling’’ 

as used in the fire suppression sector is 

similar, but not identical, to the term 

‘‘reclaim’’ as defined under the AIM 

Act. Under the AIM Act, the terms 

‘‘reclaim; reclamation’’ are defined in 

subsection (b)(9) of the Act, and that 

definition refers to the purity standards 

under AHRI Standard 700–2016 (or an 


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72260 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

93National Fire Protection Association, NFPA 

Today, May 6, 2022, https://www.nfpa.org/Newsand-Research/Publications-and-media/BlogsLanding-Page/NFPA-Today/Blog-Posts/2022/05/06/ 

Clean-Agent-System-Basics. 

94These regulations were established in 1998 (63 

FR 11096, March 5, 1998) and amended in 2020 (85 

FR 15301, Mar. 17, 2020). 

95EPA, 2023. American Innovation and 

Manufacturing Act of 2020—Subsection (h): Fire 

Suppression Sector. Draft Technical Support 

Document. Available in the docket (EPA–HQ–OAR– 

2022–0606) for this proposed rulemaking at https:// 

www.regulations.gov. 

96UNEP, ‘‘TEAP 2022 Assessment: Report of the 

Fire Suppression Technical Options Committee,’’ 

December 2022, available at: https://

ozone.unep.org/system/files/documents/FSTOC2022-Assessment.pdf. 

97HARC, ‘‘Code of Practice for Use of Recycled 

Halogenated Clean Agents,’’ 2016, available at: 

https://www.harc.org/_files/ugd/4e7dd1_

4ab7295ac47e4bdea67020750f544f1b.pdf. 

98NFPA 2001 Standard on Clean Agent Fire 

Extinguishing Systems. Available at: https://

www.nfpa.org/codes-and-standards/all-codes-andstandards/list-of-codes-and-standards/ 

detail?code=2001. 

99NFPA 10 Standard for Portable Fire 

Extinguishers. Available at: https://www.nfpa.org/ 

codes-and-standards/all-codes-and-standards/listof-codes-and-standards/detail?code=10. 

100Technical Note #4, Revision 2— 

Recommended Practices for Recycling Halons and 

appropriate successor standard adopted 

by the Administrator) and the 

verification of purity using, at a 

minimum, the analytical methodology 

described in that standard. 

The fire suppression industry 

describes clean agents as ‘‘a gaseous fire 

suppressant that is electrically 

nonconducting and that does not leave 

a residue upon evaporation,’’ and the 

term ‘‘clean agents’’ includes HFCs, 

according to the National Fire 

Protection Association (NFPA).93 For 

the purposes of this section, EPA is 

generally referring to the term, ‘‘clean 

agents’’ as HFCs. 

3. Fire Suppression Background 

As part of implementing subsection 

(h)(1), EPA is proposing certain 

regulatory requirements regarding the 

servicing, repair, disposal, or 

installation of fire suppression 

equipment that contains HFCs, with the 

purpose of minimizing the release of 

HFCs from that equipment, as well as 

requirements related to technician 

training for servicing, repair, disposal, 

or installation in the fire suppression 

sector. These proposed requirements are 

similar to the halon emissions reduction 

requirements found at 40 CFR part 82, 

subpart H. EPA regulations under Title 

VI of the CAA prohibit the intentional 

release of halons during testing, 

maintenance, servicing, repair, or 

disposal of halon-containing equipment, 

or during the use of such equipment for 

technician training (subject to certain 

exceptions). EPA’s halon emission 

reduction requirements at 40 CFR part 

82, subpart H cover technician training 

requirements and proper halon disposal 

and recycling.94 These regulations also 

prohibit halon releases that occur 

because an owner failed to maintain 

halon-containing equipment to relevant 

industry standards. With the production 

and import of virgin halons phased out 

in the United States since 1994, 

recycled halons have been the primary 

supply of halons in the United States for 

nearly 30 years. Sources of recycled 

halons include recovered halons from 

cylinders collected from 

decommissioned systems both in the 

United States and abroad. Existing 

halon stocks are purchased by 

commercial recyclers from 

decommissioned equipment, 

reprocessed to industry specifications, 

and sold back into the market. Demand 

for halons has been satisfied with 

recycled halons, ensuring equipment 

can be serviced and investments are not 

stranded. 

Recycled halon is still available today, 

nearly 30 years after the United States 

phased out production and 

consumption of halons. It is this 

experience since the phaseout of the 

halons in 1994 that demonstrates the 

important role recovery and recycling of 

fire suppression clean agents can play 

by providing an ongoing supply of HFCs 

in fire suppression applications 

especially where other substitutes may 

not be suitable. EPA understands that 

this model has carried over on a 

voluntary basis to the management of 

HFCs by many in the fire suppression 

sector.95 In 2002, the fire suppression 

industry developed a voluntary code of 

practice (VCOP) for the reduction of 

emissions of fire suppression agents 

including HFCs. The VCOP was 

developed by the Halon Alternatives 

Research Corporation (HARC), an 

industry organization, in partnership 

with EPA, the Fire Suppression Systems 

Association (FSSA), the Fire Equipment 

Manufacturers Association (FEMA), and 

the National Association of Fire 

Equipment Distributors (NAFED). Many 

of the practices have been voluntarily 

adopted by the fire suppression sector, 

such as equipment manufacturers or 

distributors. 

Fire suppression agents must satisfy 

important environmental and safety 

criteria, including but not limited to 

acceptable ODPs, GWPs, and 

atmospheric lifetimes, be effective 

extinguishants, and, for spaces where 

people would be present, have 

sufficiently low toxicity that under 

normal use the discharge of agent in 

occupied spaces would not harm 

people.96 Other important preferred 

features include being electrically nonconductive, and ‘‘clean,’’ meaning 

leaving no non-volatile residue that 

could damage high-value electronics, 

controls, or other critical systems in the 

protected spaces. HFCs that satisfy the 

above requirements are used in fixed 

systems for total-flooding applications 

and for use in portable equipment as 

streaming agents. These applications are 

generally described as follows: 

• Total flooding systems are designed 

to automatically discharge a fire 

suppression agent by detection and 

related controls (or manually by a 

system operator) and achieve a specified 

minimum agent concentration 

throughout a confined space (i.e., 

volume percent of the agent in air) that 

is sufficient to suppress development of 

a fire. 

• Streaming applications use portable 

fire extinguishers that can be manually 

manipulated to discharge an agent in a 

specific direction and release a specific 

quantity of extinguishing agent at the 

fire. 

Guidelines for clean agents, including 

HFCs, have been published to ensure 

the quality of the recycled fire 

suppression agents. According to 

HARC’s comment on the October 2022 

NODA, fire suppression agent recyclers 

follow industry standards and 

specifications that are generally similar 

to section 608 and AHRI purity 

specifications. In 2016, HARC 

developed a voluntary recycling code of 

practice (RCOP).97 This code of practice 

includes the recommendation that prior 

to sale or reuse as a fire suppressant, the 

recovered HFC should be tested and 

processed to meet NFPA 2001 98 and 

NFPA 10 99 standards or American 

Society for Testing and Materials 

(ASTM) specifications. These 

specifications ensure that fire 

suppressants, including HFCs, are 

recycled and tested to a certain purity 

level, before being sold or reused as a 

fire suppressant. In addition, in 2018, 

the Montreal Protocol’s Technology and 

Economic Assessment Panel’s (TEAP) 

Halons Technical Options Committee 

(HTOC) (renamed in 2022 to the Fire 

Suppression Technical Options 

Committee or FSTOC) published 

recommended practices for recycling 

halons and other gaseous fire 

extinguishing agents, including certain 

HFCs, which covers similar 

specifications for testing and 

certification of the recycled agent prior 

to reuse.100


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Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 72261 

Other Halogenated Gaseous Fire Extinguishing 

Agents. Available at: https://ozone.unep.org/sites/ 

default/files/Assessment_Panel/Assessment_

Panels/TEAP/Reports/HTOC/technical_note4_

2018.pdf. 

101UNEP, ‘‘TEAP 2022 Assessment: Report of the 

Fire Suppression Technical Options Committee,’’ 

December 2022, available at: https://

ozone.unep.org/system/files/documents/FSTOC2022-Assessment.pdf. 

A recent report by the TEAP’s FSTOC 

states that ‘‘the HFC phasedown in the 

US is having a large effect on the 

production and consumption of HFC 

fire extinguishants,’’ noting that ‘‘what 

we have seen in the US is that there has 

already been significant impact on cost 

of HFCs.’’ 101 FSTOC states that the 

reasons for this include that HFCs used 

for fire extinguishing are high-GWP, that 

the allocation mechanism in the United 

States is GWP-weighted, and that 

market commercial factors will mean 

producers and importers will decide 

which HFCs to manufacture or import 

based on GWP and future market needs. 

The reasons for this include the 

extremely small use of HFCs in fire 

suppression compared to other uses. 

Additional impacts to the fire 

suppression sector from the global 

phasedown of HFCs ‘‘could reduce the 

commercial viability of production of 

some HFC fire extinguishing agents in 

the future.’’ FSTOC notes that ‘‘HFCs 

contained in fire protection equipment 

have historically enjoyed a relatively 

high level of recycling and reuse’’ and 

‘‘[as] the supply of newly produced 

HFCs for fire protection decreases in 

response to phase down regulations, 

recycling becomes even more important 

as an alternative source of supply and 

is likely to increase in the future.’’ 

4. Minimizing Releases of HFCs 

As part of implementing subsection 

(h)(1), EPA is proposing a number of 

requirements to minimize releases of 

HFCs during the servicing, repair, 

disposal, or installation of fire 

suppression equipment containing 

HFCs or during the use of such 

equipment for technician training. As 

previously discussed, EPA is proposing 

requirements that are similar to the 

halon emissions reduction requirements 

found at 40 CFR part 82, subpart H. The 

fact that recycled halons have been the 

only supply of halons in the United 

States nearly 30 years after its 

production phaseout in 1994 

demonstrates the important role 

recovery and recycling of fire 

suppression clean agents can play by 

providing an ongoing supply where 

substitutes may not be suitable. EPA 

understands that this model has carried 

over on a voluntary basis to the 

management of HFCs by many in the 

fire suppression sector. 

To minimize releases of HFCs, EPA is 

proposing that covered entities 

installing, servicing, repairing, or 

disposing of fire suppression equipment 

containing a regulated substance may 

not release into the environment any 

HFCs used in such equipment. EPA is 

also proposing that owners and 

operators of fire suppression equipment 

containing HFCs may not allow for the 

release of HFCs as a result of failure to 

maintain such equipment. In the 

following sections, EPA describes its 

proposal to require the use of recycled 

HFCs for initial charge and servicing 

and/or repair of fire suppression 

equipment as well as minimizing HFC 

releases during recycling; technician 

training; recycling of HFCs prior to the 

disposal of fire suppression equipment 

containing HFCs; and recordkeeping 

and reporting. These requirements are 

proposed with a compliance date of 

January 1, 2025. 

Recognizing the extensive 

requirements for testing (e.g., Federal 

Aviation Administration, United States 

Coast Guard, Department of Defense) 

associated with the approval for use of 

fire suppressants in certain applications, 

certain limited HFC releases for health, 

safety, environmental, and other 

considerations would be exempted, 

including: 

• Releases during the testing of fire 

suppression equipment only if the 

following four criteria are met: (1) 

equipment employing suitable 

alternative fire suppression agents are 

not available, (2) release of fire 

suppression agent is essential to 

demonstrate equipment functionality, 

(3) failure of the equipment would pose 

great risk to human safety or the 

environment, and (4) a simulant agent 

cannot be used in place of the regulated 

substance for testing purposes. 

• Releases associated with 

qualification and development testing 

during the design and development of 

equipment containing regulated 

substances only when (1) such tests are 

essential to demonstrate equipment 

functionality, and (2) a suitable 

simulant agent cannot be used in place 

of the regulated substance for testing 

purposes. 

In addition, these proposed 

requirements to minimize HFC releases 

do not apply to emergency releases of 

HFCs for actual fire extinguishing, 

explosion inertion, or other emergency 

applications for which the equipment 

were designed. 

EPA requests comment on the 

proposed compliance date of January 1, 

2025, for the proposed requirements in 

the fire suppression sector. As discussed 

elsewhere in this section of the 

proposed rule, many covered entities 

may already have procedures in place 

given the voluntary program within the 

fire suppression sector as described 

previously. EPA views this proposed 

compliance date as appropriate. 

a. Proposed Requirements for Initial 

Charge of Equipment for Fire 

Suppression 

EPA is proposing that for the fire 

suppression sector where HFCs are 

used, the initial charge of fire 

suppression equipment, including both 

total flooding systems and streaming 

applications, must be with recycled 

HFCs starting January 1, 2025. EPA is 

also considering other potential 

compliance dates, such as January 1, 

2026 or January 1, 2027. Specifically, for 

factory-charged equipment that use 

HFCs, EPA is proposing that in order to 

install such equipment, the equipment 

would be required to use recycled HFCs 

for the initial charge during the 

manufacture of the equipment. These 

requirements would apply whether the 

HFCs are used neat or in a blend. 

However, EPA notes that most often, 

where clean agents are needed and 

HFCs are being used, these are single 

component HFCs with some of the 

highest GWPs for the regulated HFCs. 

Given the high GWPs for the commonly 

used HFC fire suppression agents, this 

aspect of the proposal is anticipated to 

further minimize emissions by requiring 

that only recycled HFCs be used in fire 

suppression equipment. 

EPA understands that, in practice, 

recycled HFCs are required to meet 

applicable purity standards and 

function the same as their virgin 

counterparts when used in equipment 

in the fire suppression sector. Currently, 

recycled HFCs are primarily used for the 

servicing and recharge of existing fire 

suppression equipment. However, 

HARC’s comments on the October 2022 

NODA indicate that it does not 

anticipate major barriers to using 

recycled HFCs in new fire suppression 

equipment and expects use of recycled 

HFCs in new equipment to increase as 

the supply of virgin HFCs for fire 

suppression decreases. 

EPA notes that the proposed 

definition of ‘‘fire suppression 

equipment’’ for purposes of subsection 

(h) excludes mission-critical military 

end uses and systems used in 

deployable and expeditionary 

applications, as well as space vehicles. 

Finalizing the proposed definition 

would exempt those applications from 

this requirement, which is consistent 

with EPA’s intent to not include these 


lotter on DSK11XQN23PROD with PROPOSALS2
72262 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

102On board aerospace fire suppression means 

use of a regulated substance in fire suppression 

equipment used on board commercial and general 

aviation aircraft, including commercial-derivative 

aircraft for military use; rotorcraft; and space 

vehicles. Mission-critical military end uses and 

systems used in deployable and expeditionary 

applications, as well as space vehicles, are 

applications that sometimes use HFCs and are 

therefore currently eligible for application-specific 

allowances. 

103HARC comments on Notice of Data 

Availability Relevant to Management of Regulated 

Substances under the American Innovation and 

Manufacturing Act of 2020 are available in the 

docket (EPA–HQ–OAR–2022–0606) for this 

proposed rulemaking at https://

www.regulations.gov. 

104HARC Report of the HFC Emissions Estimating 

Program (HEEP) 2002–2020 Data Collection, 

October 2022. 

applications under the proposed 

requirements to use recycled HFCs in 

the installation, servicing and/or repair 

of such fire suppression equipment. 

This proposed exclusion is based on 

EPA’s understanding that there are 

situations in which the unique design 

and use of such military equipment and 

space vehicles make it impossible to 

recover fire suppression agent during 

the service, repair, disposal, or 

installation of the equipment. 

Recognizing that application-specific 

HFC allowances are available to other 

onboard aerospace fire suppression 

applications under regulations at 40 

CFR 84.13,102 EPA is not proposing to 

extend a requirement to use recycled 

HFCs in the installation, servicing and/ 

or repair of such fire suppression 

equipment as long as they qualify for 

application-specific allowances in 40 

CFR 84.13. Because these other onboard 

aerospace fire suppression applications 

would have the necessary allowances 

for virgin HFCs through qualification for 

application-specific allowances, these 

applications would not need to use 

recycled fire suppressants containing 

HFCs for the installation, servicing, and/ 

or repair of fire suppression equipment. 

EPA is requesting comment regarding 

the proposed requirement for using 

recycled HFCs in the initial charge of 

fire suppression equipment. EPA is 

requesting comment on the proposed 

requirement to solely use recycled HFCs 

in the initial charge of fire suppression 

equipment or if EPA should consider an 

approach that either uses a percentagebased approach for the affected fire 

suppression equipment charged with 

recycled HFCs (e.g., 25, 50, or 75 

percent of the fire suppression 

equipment) or phases in the 

requirement for using recycled HFCs 

over a period of time. As noted in 

section IV.D.3., if EPA were to finalize 

a percentage-based and/or phased in 

approach, associated recordkeeping and 

reporting may be required to ensure 

compliance with such an approach. EPA 

is also requesting comment on whether 

recycled HFCs should be used for the 

initial charge during the installation of 

fire suppression equipment as EPA 

understands that HFCs are generally not 

transferred from cylinders once in 

service. EPA also requests comment on 

the proposed compliance date of 

January 1, 2025, and other potential 

compliance dates such as January 1, 

2026, or January 1, 2027, for the use of 

recycled HFCs in the initial charge of 

fire suppression equipment. 

b. Proposed Requirements for Servicing 

and/or Repair of Existing Equipment for 

Fire Suppression 

EPA is proposing to require the use of 

recycled HFCs for the servicing and/or 

repair of fire suppression equipment, 

including both total flooding systems 

and streaming applications, starting on 

January 1, 2025. EPA is also considering 

other potential compliance dates, such 

as January 1, 2026, or January 1, 2027. 

EPA understands that the fire 

suppression industry operates in 

accordance with requirements from 

NFPA 2001 or NFPA 10 or appropriate 

ASTM standards to recover and recycle 

HFCs during servicing and/or repair of 

fire suppression equipment. NFPA 2001 

is a voluntary industry standard 

containing the minimum requirements 

for the design, installation, approval, 

and maintenance of total flooding 

systems using listed clean agents 

including HFCs. It includes 

requirements for inspection, servicing, 

testing, maintenance, and training to 

ensure the safe use and operation of 

these systems. Similarly, NFPA 10 is a 

voluntary industry standard containing 

the minimum requirements that apply 

to the selection, installation, inspection, 

maintenance, recharging, and testing of 

portable fire extinguishers and fire 

suppression agents including HFCs. The 

ASTM specifications cover the 

requirements (e.g., purity) for the fire 

suppression agents, in this case the 

HFCs; the specifications do not typically 

address the associated fire suppression 

equipment or hardware that use the fire 

suppression agent or the conditions of 

using such equipment (e.g., fixed total 

flooding systems, portable fire 

extinguishers). None of these current 

industry standards or specifications 

related to HFCs used in fire suppression 

contain specific requirements to 

minimize releases of HFCs, including 

during servicing or repair of the 

equipment. Efforts by the industry to 

minimize emissions of HFCs used in the 

fire suppression sector have to date been 

on a voluntary basis. For example, the 

VCOP includes as part of its emission 

reduction strategies during storage, 

handling, and transfer of HFCs to 

recover and recycle agents during 

servicing and to adopt maintenance 

practices that reduce leakage as much as 

is technically feasible. Considering 

these current voluntary practices to 

minimize emissions, the proposed 

requirements would minimize 

emissions of HFCs broadly within this 

sector of use. Covered entities are 

required to evacuate, as applicable, all 

equipment used to recover, store, and 

transfer HFCs prior to each use to 

prevent contamination, arrange for 

destruction of the recovered HFCs as 

necessary (e.g., recovered HFCs that are 

too contaminated to be recycled), and 

collect and dispose of wastes from 

recycling process. If the recycling of 

HFCs is not practical, the disposal of 

HFCs would help to prevent releases of 

used HFCs into the atmosphere. 

In 2015, data on recycling of HFC fire 

suppression agents were collected as 

part of the HFC Emissions Estimating 

Program (HEEP), which is voluntary 

data collection effort implemented by 

the fire suppression industry. HEEP 

collects data on sales of fire suppression 

agents for recharge in order to estimate 

annual emissions of HFCs. These data 

showed that the HFC–227ea, HFC–125, 

HFC–236fa and HFC–23 are all recycled 

for fire suppression use.103 In recent 

years, approximately 75 percent of HFCs 

sold for recharge came from recyclers, 

with 80 percent reported in 2020, based 

on data submitted voluntarily to HEEP 

and may not include all entities in this 

sector.104

As part of servicing and/or repairing 

fire suppression equipment, recovery 

and recycling equipment is used to 

recover HFCs. EPA is also proposing to 

require that covered entities must (1) 

operate and maintain recovery and 

recycling equipment in accordance with 

manufacturer specifications to ensure 

that the equipment performs as 

specified; (2) repair leaks in HFC 

storage, recovery, recycling, or charging 

equipment before use; and (3) ensure 

that cross-contamination does not occur 

through the mixing of HFCs that may be 

contained in similar cylinders. Recovery 

equipment collect HFCs from 

equipment and recycling equipment 

remove contaminants from HFCs and 

this equipment is used during servicing 

and/or repair. By ensuring that this 

equipment is functioning properly, HFC 

releases can be minimized during the 

recovery and recycling process. The 

proposed requirements would ensure 

that releases from fire suppression 

equipment are minimized when 


lotter on DSK11XQN23PROD with PROPOSALS2
Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 72263 

105On board aerospace fire suppression means 

use of a regulated substance in fire suppression 

equipment used on board commercial and general 

aviation aircraft, including commercial-derivative 

aircraft for military use; rotorcraft; and space 

vehicles. Mission-critical military end uses and 

systems used in deployable and expeditionary 

applications, as well as space vehicles, are 

applications that sometimes use HFCs and are 

therefore currently eligible for application-specific 

allowances. 

106These may include, but are not limited to, 

other EPA regulations, U.S. Department of 

Transportation (DOT) regulations, Occupational 

Safety and Health Administration (OSHA) 

regulations, codes and standards of NFPA, and 

other federal, state, or local fire, building, safety, 

and environmental codes and standards. 

recycling HFCs during servicing and/or 

repairing fire suppression equipment. 

EPA notes that the proposed 

definition of ‘‘fire suppression 

equipment’’ for purposes of subsection 

(h) excludes mission-critical military 

end uses and systems used in 

deployable and expeditionary 

applications, as well as space vehicles. 

Finalizing the proposed definition 

would exempt those applications from 

this requirement, which is consistent 

with EPA’s intent to not include these 

applications under the proposed 

requirements to use recycled HFCs in 

the installation, servicing and/or repair 

of such fire suppression equipment. 

This proposed exclusion is based on 

EPA’s understanding that there are 

situations in which the unique design 

and use of such military equipment and 

space vehicles make it impossible to 

recover fire suppression agents during 

the service, repair, disposal, or 

installation of the equipment. 

Recognizing that application-specific 

HFC allowances are available to other 

onboard aerospace fire suppression 

applications under regulations at 40 

CFR 84.13,105 EPA is not proposing to 

extend a requirement to use recycled 

HFCs in the installation, servicing and/ 

or repair of such fire suppression 

equipment as long as they qualify for 

application-specific allowances in 40 

CFR 84.13. Because these other onboard 

aerospace fire suppression applications 

would have the necessary allowances 

for virgin HFCs through qualification for 

application-specific allowances, these 

applications would not need to use 

recycled fire suppressants containing 

HFCs for the installation, servicing, and/ 

or repair of fire suppression equipment. 

EPA is requesting comment regarding 

the proposed requirements for using 

recycled HFCs in the servicing and/or 

repair of fire suppression equipment. In 

particular, EPA requests comments on 

the applicable fire suppression 

equipment that would be required to 

use recycled HFCs in the servicing and/ 

or repair of fire suppression equipment. 

EPA is also requesting comment on the 

proposed requirement to solely use 

recycled HFCs in the servicing and/or 

repair of fire suppression equipment or 

if EPA should consider an approach that 

phases in requirements for using 

recycled HFCs. In addition, EPA 

requests comments on the practices to 

minimize releases from HFC recycling 

during servicing and/or repair as well as 

whether covered entities should be 

required to follow industry standards 

including NFPA 2001 (Standard on 

Clean Agent Fire Extinguishing 

Systems), NFPA 10 (Standard for 

Portable Fire Extinguishers), ASTM 

D6064–11 (Standard Specification for 

HFC–227ea), ASTM D6231/D6231M–21 

(Standard Specification for HFC–125), 

ASTM D6541–21 (Standard 

Specification for HFC–236fa), and 

ASTM D6126/D6126M–21 (Standard 

Specification for HFC–23). EPA also 

requests comment on the proposed 

compliance date of January 1, 2025, and 

other potential compliance dates, such 

as January 1, 2026, or January 1, 2027, 

for the use of recycled HFCs for the 

servicing and/or repair of fire 

suppression equipment. 

c. Technician Training 

EPA is proposing to require all 

entities that employ fire suppression 

technicians who service, repair, install, 

or dispose of fire suppression 

equipment containing HFCs provide 

training regarding HFC emissions 

reduction. This proposed requirement is 

intended to control practices, processes, 

or activities regarding servicing, repair, 

disposal or installation of such fire 

suppression equipment by providing 

technicians with knowledge and skills 

to minimize releases of HFCs during 

such practices, processes, or activities, 

and the proposed requirements would 

involve a regulated substance. Fire 

suppression technicians are an 

important part in any effort to control 

unnecessary HFC emissions from fire 

suppression equipment while servicing, 

repairing, installing, or disposing of 

such equipment. By training technicians 

in the significance of minimizing 

unnecessary HFC releases from fire 

suppression equipment and providing 

information on applicable procedures 

such as the recovery and recycling or 

reclamation of HFCs from the fire 

suppression equipment, technician 

training would support EPA’s effort to 

reduce HFC emissions from fire 

suppression equipment. 

EPA is proposing that HFC fire 

suppression technician training be 

designed to cover: (1) an explanation of 

the purpose of the training requirement, 

including the significance of 

minimizing releases of HFCs and 

ensuring technician safety, (2) an 

overview of HFCs and environmental 

concerns with HFCs, (3) a review of 

relevant regulations concerning 

HFCs,106 including the requirements of 

the HFC emissions reduction program 

for fire suppression equipment, and (4) 

specific technical instruction relevant to 

avoiding unnecessary HFC emissions 

during the servicing, repair, disposal or 

installation of fire-suppression 

equipment at each individual facility. 

Starting as of January 1, 2025, EPA is 

proposing that all entities that employ 

technicians who maintain, service, 

repair, install, or dispose of fire 

suppression equipment containing 

HFCs must provide HFC fire 

suppression technician training to their 

technicians (as described in this section) 

and ensure that their technicians 

complete this training. Technicians 

hired after that date must be similarly 

trained within 30 days of hiring, or by 

June 1, 2025. EPA is proposing this as 

a one-time training requirement. EPA is 

requesting comment on the requirement 

for technicians to be trained, the 

proposed content as described above, 

and timing of this requirement for 

technician training. 

d. Recycling of HFCs Prior to Disposal 

of Fire Suppression Equipment 

Containing HFCs 

EPA is proposing requirements 

related to the disposal of fire 

suppression equipment. The intent of 

these requirements is to ensure that 

HFCs have been recovered and recycled 

from the equipment prior to the final 

step of the disposal of the equipment so 

that HFCs are not released during the 

disposal of the equipment. EPA is 

proposing to require owners and 

operators of fire suppression equipment 

containing HFCs (including an HFC 

blend) dispose of this equipment by 

recovering the HFCs themselves or by 

arranging for HFC recovery by a fire 

suppression equipment manufacturer, 

distributor, or a fire suppressant 

recycler. EPA is also proposing that 

owners and operators dispose of HFCs 

used as a fire suppression agent by 

sending it for recycling to a fire 

suppressant recycler or a reclaimer 

certified under 40 CFR 82.164 or by 

arranging for its destruction using one of 

the controlled processes listed in 40 

CFR 84.29. The voluntary industry 

standards that apply to the uses of HFCs 

in fire suppression equipment, NFPA 

2001 for fire suppression systems and 

NFPA 10 for fire extinguishers, contain 

no current requirement for the recovery 


lotter on DSK11XQN23PROD with PROPOSALS2
72264 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

107HARC comments, dated November 7, 2022, to 

Notice of Data Availability Relevant to Management 

of Regulated Substances Under the American 

Innovation and Manufacturing Act of 2020 are 

available in the docket (EPA–HQ–OAR–2022–0606) 

for this rulemaking at https://www.regulations.gov. 

and disposal of HFCs prior to disposal 

of equipment. Efforts by the industry to 

minimize emissions of HFCs used in the 

fire suppression sector have to date been 

on a voluntary basis. For example, the 

VCOP includes as part of its emission 

reduction strategies during storage, 

handling, and transfer of HFCs to 

recover the agents after the end of the 

equipment’s useful life and either 

recycle or destroy them. The proposed 

requirements would minimize 

emissions of HFCs through recovery of 

the agent prior to disposal of the 

equipment and ensure recycling or 

proper disposal of the HFC occurs 

broadly within this sector of use. Under 

the proposed requirements, the owners 

and operators of this equipment (e.g., 

specialized fire suppression systems 

containing HFCs that protect high value 

equipment, such as electronic server 

rooms or oil and gas production 

facilities) must ensure that these HFCs 

are recovered from the fire suppression 

equipment before it is sent for disposal, 

either by recovering the HFCs 

themselves before sending the 

equipment for disposal or by leaving the 

HFCs in the equipment and sending it 

for disposal to a facility (e.g., fire 

suppression equipment manufacturer, a 

distributor, or a fire suppressant 

recycler) operating in accordance with 

industry standards, i.e., NFPA 10 and 

NFPA 2001 standards, as applicable. 

The proposal also would require that 

owner or operators of fire suppression 

equipment recover any HFCs as part of 

the disposal of such equipment be 

disposed of by sending it to a fire 

suppressant recycler operating in 

accordance with the relevant industry 

standards, which EPA understands to be 

the NFPA 10 and NFPA 2001 standards 

(depending on the type of equipment), 

by sending it to a reclaimer certified 

under 40 CFR 82.164, or by arranging 

for its destruction by a technology that 

is listed as an approved technology for 

destruction of the relevant regulated 

substance in the regulations at 40 CFR 

84.29. These requirements are being 

proposed as part of implementing 

subsection (h)(1) of the AIM Act, as they 

would control practices, processes, or 

activities regarding the disposal of such 

fire-suppression equipment by 

establishing certain requirements that 

must be met as part of the disposal 

process and would involve a regulated 

substance. 

Owners and operators of this fire 

suppression equipment who recover 

HFCs prior to disposal may already be 

aware of the importance of HFC 

recycling given prior communication 

efforts by the industry and may already 

take steps to ensure recovery of HFCs 

prior to disposal. As mentioned in 

section IV.E.3., the recycling of HFCs 

plays an important role in providing the 

fire suppression sector with continued 

supply of HFCs for fire suppression 

equipment during servicing. Industry 

trade organizations have encouraged 

owners and operators of fire 

suppression equipment and those 

disposing of HFCs to contact fire 

suppression equipment manufacturers, 

distributors, or fire suppressant 

recyclers to ensure that HFC is safely 

recovered from equipment and recycled 

for future use. Therefore, the proposed 

requirements are likely consistent with 

current industry practices. Most fire 

suppression systems and extinguishers 

in use today are purchased, installed, 

and serviced by fire suppression 

equipment distributors. EPA is aware 

that there are established distribution 

channels within the commercial and 

industrial sectors where these 

specialized systems are used and that 

industry representatives indicate that 

the simplest way in their opinion to 

ensure proper recycling of HFCs is to 

encourage equipment owners return 

equipment containing HFCs to 

distributors.107 EPA values using 

established industry practices where 

such practices exist and can be used to 

meet the intended goals. EPA is 

requesting comment on the requirement 

to recover and recycle HFCs prior to the 

final step of disposal of the fire 

suppression equipment. 

e. Recordkeeping and Reporting 

EPA is proposing to include 

recordkeeping and reporting 

requirements on the fire suppression 

provisions under subsection (h) for 

HFCs used in the installation of new 

equipment and servicing and/or repair 

of existing equipment. These 

requirements are being proposed as part 

of implementing subsection (h)(1) of the 

AIM Act, as these provisions would 

control practices, processes, or activities 

regarding servicing, repair, disposal or 

installation of fire suppression 

equipment, and would involve a 

regulated substance. For example, the 

requirements would control 

recordkeeping and reporting practices, 

process, or activities for servicing and 

repair that involves HFCs. As noted in 

section II.B. of this document, EPA’s 

authority to require recordkeeping and 

reporting under the AIM Act is also 

supported by section 114 of the CAA, 

which applies to the AIM Act and rules 

promulgated under it as provided in 

subsection (k)(1)(C) of the AIM Act. 

EPA is proposing that covered entities 

in the fire suppression sector provide 

data on HFCs to the Agency. The fire 

suppression industry is familiar with 

data collection and reporting as some of 

the entities in this industry are 

voluntarily reporting data to HEEP as 

mentioned in section IV.E.4.b. Relevant 

reporting entities covered under this 

requirement include entities that 

perform first fill of equipment, service 

(e.g., recharge) equipment and/or 

recycle regulated substances, such as 

equipment manufacturers, distributors, 

agent suppliers or installers that recycle 

regulated substances. EPA is proposing 

that these records related to the fire 

suppression sector be maintained for 

three years. Specifically, EPA is 

proposing that the covered entities 

report annually by February 14th of 

each year, covering the prior year’s 

activity from January 1 through 

December 31: 

• The quantity of material (the 

combined mass of regulated substance 

and contaminants) by regulated 

substance broken out by sold, recovered, 

recycled, and virgin for the purpose of 

installation of new equipment and 

servicing of fire suppression equipment, 

• The total mass of each regulated 

substance broken out by sold, recovered, 

recycled, and virgin; and 

• The total mass of waste products 

sent for disposal, along with 

information about the disposal facility if 

waste is not processed by the reporting 

entity. 

EPA acknowledges that these 

recordkeeping and reporting 

requirements proposed herein may 

overlap with recordkeeping and 

reporting requirements under 40 CFR 

part 84, subpart A. EPA is requesting 

comments on these recordkeeping and 

reporting requirements, the timing of 

recordkeeping and reporting 

requirements (e.g., whether it should be 

five years similar to recordkeeping 

requirements under 40 CFR part 84, 

subpart A), and whether compliance 

with one set of requirements would 

satisfy both obligations. 

EPA is proposing that covered entities 

maintain an electronic or paper copy of 

the fire suppression technician training 

as discussed in IV.E.4.c., and that EPA 

can request to view a copy of the 

training on an as needed basis. EPA is 

also proposing that facilities must 

document that they have provided 

training to personnel. For example, local 

personnel records could be annotated, 

indicating where and when the training 


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108As noted previously in this action, ‘‘regulated 

substance’’ and ‘‘HFC’’ are used interchangeably in 

this action. 

109Comments submitted to response of NODA 

published on October 17, 2022 (87 FR 62843), can 

be found in the docket for this action. Additionally, 

EPA heard feedback from participants in the public 

meetings it hosted on November 9, 2022, and March 

16, 2023, as well as solicited feedback through a 

webinar for the EPA GreenChill Partnership 

program on April 12, 2023. 

110A QR code is a type of matrix barcode that 

contains data for a locator, identifier, or tracker that 

points to a website or application using 

standardized encoding modes to store data. It is 

recognizable as black squares arranged in a square 

grid on a white background, which can be read by 

an imaging device such as a camera. 

occurred. Alternatively, records could 

be centralized. Where EPA is proposing 

requirements for recordkeeping, we are 

proposing that the record be maintained 

for three years in either electronic or 

paper format. 

As discussed in IV.E.4.d., EPA is 

proposing that covered entities maintain 

records documenting that HFCs are 

recovered from the fire suppression 

equipment before it is sent for disposal, 

either by recovering the HFCs 

themselves before sending the 

equipment for disposal or by leaving the 

HFCs in the equipment and sending it 

for disposal to a facility (e.g., fire 

suppression equipment manufacturer, 

distributor, or a fire suppressant 

recycler). Such records must be 

maintained for three years. 

EPA is requesting comment on the 

proposed recordkeeping requirements 

for fire suppression entities. The 

proposed recordkeeping requirements in 

this action do not change any 

recordkeeping and reporting 

requirements for fire suppressant 

recycling per 40 CFR 84.31(j) and EPA 

is not reopening, taking comment on, or 

revisiting those requirements through 

this proposal. 

F. What is EPA proposing for cylinder 

requirements and for container tracking 

requirements? 

1. Background 

As described in more detail earlier in 

this action, subsection (h) directs EPA to 

establish certain regulations regarding 

the servicing, repair, disposal, or 

installation of equipment for certain 

purposes. More specifically, for 

purposes of maximizing reclaiming and 

minimizing the release of a regulated 

substance 108 from equipment and 

ensuring the safety of technicians and 

consumers, subsection (h)(1) of the AIM 

Act gives EPA authority to promulgate 

regulations to control, where 

appropriate, any practice, process, or 

activity regarding the servicing, repair, 

disposal, or installation of equipment 

that involves a regulated substance or its 

substitute or the reclaiming of a 

regulated substance or its substitute 

used as a refrigerant. Thus, EPA is 

proposing certain cylinder requirements 

and certain container tracking 

requirements for regulated substances as 

part of implementing subsection (h), as 

a means of controlling a practice, 

process, or activity regarding the 

servicing, repair, and installation of 

equipment to further serve the statutory 

purpose identified in subsection (h) of 

maximizing reclamation of HFCs, as 

well as providing additional HFC 

emission reductions. 

HFCs are transported and distributed 

throughout the United States to a range 

of users, including but not limited to 

blenders, repackagers, distributors, 

wholesalers, and equipment 

manufacturers, as well as users engaged 

in the installation, service, repair, and 

disposal of equipment. For example, 

containers are used to transport HFCs to 

worksites for servicing, repairing, 

disposing, or installing equipment 

containing HFCs. HFCs are transported, 

bought, and sold in different sizes and 

types of containers as they move 

through the supply chain. These 

containers range from small cans with 

16 ounces or less of HFCs to tank 

trailers, International Organization for 

Standardization (ISO) tanks, and tank 

railcars. From the larger containers, 

HFCs are often transferred to smaller 

containers (a process referred to as 

‘‘downpacking’’), which include other 

types of refillable cylinders and 

disposable cylinders. 

EPA provided information on the 

movement of HFCs used as refrigerants 

in the supply chain as they relate to 

reclamation in the draft report 

accompanying the NODA published on 

October 17, 2022 (87 FR 62843), and the 

Agency provides additional information 

in the updated report in the docket for 

this proposed rule. In comments 

submitted for the NODA and in public 

stakeholder meetings that the Agency 

hosted,109 EPA received feedback noting 

that one key challenge to increasing 

reclamation is ensuring that HFCs are 

recovered and transferred to reclaimers. 

Accordingly, EPA views the proposed 

container tracking requirements in this 

action as measures that could ‘‘increase 

opportunities for the reclaiming of 

regulated substances used as 

refrigerants,’’ and thus EPA’s 

consideration of the use of its authority 

under subsection (h) of the AIM Act to 

establish these tracking measures is 

consistent with subsection (h)(2)(A). 

Additionally, specifically tracking the 

movement in the market of reclaimed 

HFCs would have the added benefit of 

supporting compliance with the 

requirements described in this proposal 

for using reclaimed HFCs for initial 

charging and servicing of certain 

equipment as well as providing 

information that the reclaimed HFCs 

contain no more than 15 percent virgin 

material (see section IV.D.2.). 

As discussed in greater detail below, 

EPA is proposing to require machine 

readable tracking identifiers (e.g., QR 

code,110 or another identifier(s)) on all 

containers of HFCs (i.e., containers that 

contain an HFC, whether neat or in a 

blend), that could be used for the 

servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment, including both 

refillable and disposable cylinders. EPA 

is proposing staggered compliance 

dates, ranging from January 1, 2025, to 

January 1, 2027, for this requirement 

that would apply to various entities 

involved in the transport of HFCs across 

the supply chain. EPA is also proposing 

certain requirements for tracking the 

movement of containers that contain 

HFCs and that have been used in the 

servicing, repair, or installation of 

equipment as they are sent to an entity 

capable of recovering any remaining 

HFCs. 

After cylinders are used and 

considered empty, there is still an 

amount of HFCs remaining in the 

cylinders, referred to as the ‘‘heel.’’ HFC 

releases of heels are far more likely to 

occur from disposable cylinders than 

from other types of cylinders, and those 

amounts of HFCs released are not 

available for reclamation. Refillable 

cylinders are typically evacuated and 

recharged, thus continuing to be used to 

transit HFCs whereas disposable 

cylinders are typically sold for scrap or 

landfilled. To recover the remaining 

HFCs, including the heel, recovery 

equipment can be used to pull a vacuum 

on the cylinder. Section IV.F.2. provides 

additional detail on typical quantities of 

the heel that would remain in a 

cylinder. Recovering heels from 

disposable cylinders would increase the 

amount of HFCs available for 

reclamation. Therefore, for disposable 

cylinders, EPA is proposing to require 

as of January 1, 2025, that disposable 

cylinders that contain HFCs and that 

have been used for the servicing, repair, 

or installation of certain equipment 

must be transported to an EPA-certified 

reclaimer or a fire suppressant recycler. 

Further, EPA is proposing that 

reclaimers or fire-suppressant recyclers 

who receive these disposable cylinders 

would be required to remove the 


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111The court rejected the other challenges to the 

Allocation Framework Rule in this litigation. 

Heating, Air Conditioning & Refrigeration 

Distributors Int’l v. EPA, 71 F.4th 59, 61 (D.C. Cir. 

2023). 

112EPA further notes that in proposing separate 

cylinder recovery requirements and tracking 

requirements in this action, EPA is not proposing 

to change, reopen, or revisit any of the requirements 

related to use of refillable cylinders or certification 

and tracking requirements established in the 

Allocation Framework Rule; rather EPA expects to 

address the court’s decision in HARDI v. EPA in a 

separate action. 

113EPA understands that HFC fire suppressants 

are less likely to be found in disposable cylinders; 

however, in case they are, EPA is treating them the 

same as HFC refrigerants in disposable cylinders in 

this proposal. 

114See 49 CFR 178.65—Specification 39 nonreusable (non-refillable) cylinders. 

115Typically, disposable cylinders of the same 

designed water capacity have the same shape. For 

example, disposable cylinders with a ∼30-pound 

water capacity will generally have the same shape; 

however, disposable cylinders with a ∼16-pound 

water capacity would be smaller in size and shape. 

remaining HFCs, including the heel, 

prior to disposing of these cylinders. 

EPA also notes that it established 

certain requirements for QR codes and 

use of refillable cylinders in the 

Allocation Framework Rule. Those 

requirements were subject to judicial 

review in the D.C. Circuit, and the court 

concluded that ‘‘EPA has not identified 

a statute authorizing its QR-code and 

refillable-cylinder regulations’’ and 

therefore vacated those parts of the rule 

and remanded to the EPA. Heating, Air 

Conditioning & Refrigeration 

Distributors Int’l v. EPA, 71 F.4th 59, 68 

(D.C. Cir. 2023) (‘‘HARDI v. EPA’’).111

The court’s opinion concluded that 

subsection (e)(2)(B) of the AIM Act, the 

statutory provision the Agency had 

cited as authorizing those parts of the 

rule, did not provide the authority to 

support them. However, that conclusion 

rested on limitations on the scope of the 

EPA’s authority under subsection 

(e)(2)(B) in particular, and it does not 

apply to other parts of the AIM Act. In 

fact, the court’s opinion highlights the 

authority that EPA has under other 

statutory provisions, including its 

‘‘power to pass rules regulating 

‘practice[s], process[es], or activit[ies]’ 

for ‘servicing, repair[ing], dispos[ing of], 

or install[ing]’ ’’ equipment, citing 

subsection (h)(1). Id. at 67. The cylinder 

requirements and tracking requirements 

proposed in this action are distinct from 

those that were established in the 

Allocation Framework Rule (86 FR 

55116, October 5, 2021), as they are 

being proposed under a different 

statutory provision, subsection (h)(1) of 

the AIM Act, and are tailored to that 

subsection. As described in greater 

detail below, these requirements would 

regulate ‘‘practice[s], process[es], or 

activit[ies] regarding the servicing, 

repair, disposal, or installation of 

equipment that involves regulated 

substances’’ and thus are within the 

authority provided by subsection 

(h)(1).112

In the interest of clarity, EPA notes 

that it is not at this time proposing a 

prohibition on the use of disposable 

cylinders like the prohibition in the 

Allocation Framework Rule that was at 

issue in HARDI v. EPA. Rather, EPA is 

proposing here certain practices, 

processes, or activities related to the use 

of disposable cylinders in the servicing, 

repair, disposal, or installation of 

equipment that involves a regulated 

substance as discussed below. 

2. Requirements for Disposable 

Cylinders 

EPA is proposing certain 

requirements for users of disposable 

cylinders that contain HFCs that could 

be used in the servicing, repair, or 

installation of certain equipment. As 

described in more detail earlier in this 

action, subsection (h)(1) directs EPA to 

promulgate regulations to control, 

where appropriate, any practice, 

process, or activity regarding the 

servicing, repair, disposal, or 

installation of equipment that involves 

regulated substances, among other 

things, for purposes of maximizing 

reclaiming and minimizing the release 

of a regulated substance from equipment 

and ensuring the safety of technicians 

and consumers. Both disposable and 

refillable cylinders are used during the 

service or repair of equipment, and both 

could be used during the installation of 

a piece of equipment that is initially 

charged in the field. For the purpose of 

maximizing the reclamation of HFCs, 

EPA is proposing to require that 

disposable cylinders that contain HFCs 

and that have been used for the 

servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment must be sent to 

an EPA-certified reclaimer or a fire 

suppressant recycler. EPA is also 

proposing that these entities (i.e., 

reclaimers and fire suppressant 

recyclers) must remove all HFCs, 

including any remaining amount after 

the cylinders are considered empty for 

servicing, repair, and installation 

purposes (e.g., the heel), prior to the 

disposal of these cylinders. The 

proposed requirements to send 

disposable cylinders and the removal of 

the remaining HFCs will contribute to 

EPA’s efforts to maximize reclaiming by 

ensuring that any remaining HFCs 

(including heels) have been evacuated 

and recovered, and thus are available for 

reclamation, rather than being released 

over time when disposable cylinders are 

placed in landfills or are crushed for 

scrap metal recycling. EPA interprets its 

authority under subsection (h)(1) of the 

AIM Act to ‘‘promulgate regulations to 

control, where appropriate, any 

practice, process, or activity regarding 

the servicing, repair, disposal, or 

installation of equipment’’ to include 

authority to regulate the entire practice, 

process, or activity, including aspects of 

it that may occur before or after the 

servicing, repair, disposal, or 

installation of the equipment, especially 

where such regulations help achieve the 

purposes specified in subsection (h)(1) 

(e.g., ‘‘maximizing reclamation’’). Thus, 

because use of these cylinders in 

servicing, repair, and installation of 

equipment is a practice, process, or 

activity regarding the servicing, repair, 

and installation of equipment, EPA 

interprets section (h)(1) to convey 

authority to establish the proposed 

requirements for the treatment of the 

cylinder after servicing, repair, or 

installation. Requiring that disposable 

cylinders be sent to entities able to 

remove the HFCs would have the effect 

of increasing the amount of HFCs that 

could be reclaimed and reused in the 

servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment. In addition, the 

result of these proposed requirements 

would be fewer HFC emissions, as 

compared to allowing such single use, 

disposable cylinders to be disposed 

with HFCs still in the cylinder. 

Compressed gases, such as HFCs, can 

be stored and transported in a variety of 

containers, which often hold as little as 

sixteen ounces (or even smaller for lab 

samples) or as much as a ton (or even 

more in the case of railcars and ISO 

tanks). The size and type of the 

container depend in large part on the 

intended use of the regulated substance. 

Historically, HFC refrigerant 113 sold in 

the United States for technicians 

servicing existing RACHP equipment 

has been predominantly contained in 

disposable cylinders certified to 

Department of Transportation (DOT) 

specifications. These cylinders are often 

called DOT–39 cylinders because the 

cylinders are certified to meet DOT 

specification 39 requirements.114 A 

DOT–39 cylinder is designed for a 

single use and is strictly not refillable. 

As such, a DOT–39 cylinder tends to be 

less expensive and weigh less than 

refillable refrigerant cylinders. 

Disposable cylinders of the same 

capacity 115 typically have the same 

shape and are also often shipped in a 

box while refillable cylinders are 

typically not. Refillable refrigerant 


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116EPA also notes that other Federal regulations 

expressly prohibit the transportation of DOT–39 

cylinders if refilled (49 CFR 178.65). 

cylinders are also used to a lesser extent 

and considered to be more durable, 

lasting up to 20 years. The two primary 

shapes of refillable refrigerant cylinders 

currently being used in servicing, repair, 

and/or installation are akin to a propane 

tank or a cylindrical scuba tank and 

have a two-way valve that can be 

adjusted to allow pressurized gases in or 

out. 

HFC losses are more likely to occur, 

and in more significant quantities, from 

disposable cylinders, including losses 

from the residual amount of HFCs (i.e., 

heels) that remain in cylinders after the 

majority of the HFC has been removed 

from the cylinder for use. With 

disposable cylinders, these heels, which 

can measure up to 10 percent of the 

quantity that was originally stored in 

the container, would be released to the 

atmosphere when the cylinder is 

disposed of, unless the heel was 

recovered prior to disposal. In addition, 

disposable cylinders may be disposed 

with greater amounts of HFCs than a 

typical heel in the cylinder particularly 

if the technician has limited space to 

carry partially full cylinders. This 

differs from a refillable cylinder, since 

such cylinders can be refilled whereas 

the design of disposable cylinders 

inherently means they cannot be 

refilled. In the Analysis of the Economic 

Impacts and Benefits of the Proposed 

Rule draft TSD developed to support 

this proposed rule, EPA considered a 

typical range for the heel remaining in 

disposable service cylinders of 2 to 6 

percent while noting information that 

suggests heels can be as high as 10 

percent. This range is consistent with 

previous theoretical and empirical 

studies, as referenced in the draft TSD, 

that have estimated the remaining heel 

in disposable 30-pound cylinders to 

usually range between 2 to 6 percent, 

though this percent could vary 

depending on the application in which 

the cylinder is used as well as the 

refrigerant contained in the cylinder. As 

also reflected in the draft TSD, industry 

estimates that disposable cylinders 

contain a heel that is typically between 

1 (∼3 percent) to 1.5 pounds (5 percent). 

The lead assumption used by EPA to 

assess the impacts of this proposal was 

to assume the heels are approximately 

1.25 pounds (∼4 percent) for a typical 

disposable cylinder of 25–30 pounds. 

EPA is concerned about the reduction 

in the amounts of HFC that could be 

available for reclaiming due to losses of 

HFCs associated with current practices 

of disposing single use, disposable 

cylinders used in the servicing, repair, 

or installation of refrigerant-containing 

or fire suppression equipment. 

Accordingly, proposing to require that 

HFCs contained in disposable cylinders 

must be recovered prior to the disposal 

of cylinders will reduce HFC losses 

from disposable cylinders. EPA is also 

aware that as the HFC phasedown 

continues, scarcity of virgin HFCs will 

increase. HFCs recovered and reclaimed 

(or recycled, in the case of recovered fire 

suppressants) can be used for servicing, 

repair, disposal, or installation of 

equipment thus providing additional 

options for increasing the amounts of 

usable HFCs. 

EPA is proposing a compliance date 

of January 1, 2025, for requiring that 

disposable cylinders be sent to a 

reclaimer or fire suppressant recycler 

and for the recovery of HFCs from 

disposable cylinders, in part because 

EPA understands that a viable 

distribution chain for sending HFCs in 

containers to reclaimers or fire 

suppressant recyclers already exists. 

This current distribution chain is 

currently in place for refillable cylinders 

and cylinders that are exclusively used 

for the recovery of HFCs from 

equipment, referred to as recovery 

cylinders. This distribution chain could 

just as effectively be used for sending 

disposable cylinders containing 

remaining HFCs to reclaimers or fire 

suppressant recyclers, and to some 

extent, already is in use for disposable 

cylinders. Several reclaimers indicated 

to EPA that their existing means for 

transporting recovery cylinders can also 

be used for disposable cylinders that 

contain HFCs and that have been used 

in the servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment. Further, some 

reclaimers have also indicated that they 

currently accept disposable cylinders to 

remove and recover any remaining heels 

left in the disposable cylinders. 

HFCs that are recovered from 

equipment during servicing, repair, or 

disposal of equipment are recovered 

into designated types of cylinders. Such 

recovery cylinders are, in general, 

uniquely identifiable (often, they are 

painted gray and yellow). These 

cylinders are sent to reclaimers or fire 

suppressant recyclers after HFCs have 

been recovered in the field from a piece 

of equipment, either through a 

distributer or wholesaler or directly 

from a contractor to the reclaimer or fire 

suppressant recycler. Refillable 

cylinders may be sent to producers, 

blenders, repackagers, reclaimers, and 

fire suppressant recyclers, or other 

entities for continued use. Therefore, 

HFCs in recovery and refillable 

cylinders are already transported from 

the field to reclaimers through various 

means, including with or without a 

network of distributors that collects 

cylinders. For example, reclaimers, 

wholesalers, or distributors may 

maintain a fleet of refillable or recovery 

cylinders and may use a deposit-based 

system for technicians and contractors 

to return the cylinders. EPA notes these 

distribution chains for returning 

cylinders to the entity responsible for 

removing the remaining the heels are 

already established and in use. 

Contractors and technicians can make 

use of the existing channels they may 

already be using to send disposable 

cylinders to reclaimers or fire 

suppressant recyclers. Thus, the 

proposed requirement with a 

compliance date of January 1, 2025, that 

disposable cylinders with remaining 

heels be sent to a reclaimer or fire 

suppressant recycler is feasible. 

As stated previously, every cylinder, 

whether disposable or refillable, still 

retains a residual amount of its contents, 

(e.g., heel) even when it is considered 

empty for purposes of servicing, repair, 

or installation of equipment, and some 

cylinders may contain more than a heel 

if not all the contents are used. 

Removing this heel requires the use of 

recovery equipment, like that used to 

recover refrigerant from an appliance. 

Unfortunately, it currently is not 

common practice to remove the heel 

from disposable cylinders before they 

are ultimately disposed. Current 

practices for disposal of disposable 

cylinders are to prevent refilling a 

disposable cylinder and include 

puncturing the rupture disk or breaking 

off the shutoff valve,116 since they are 

not designed to have material re-enter 

them. The disposal practice also 

demonstrates that the cylinder no longer 

contains any remaining heel, as any heel 

that had been in the cylinder would be 

released through these disposal 

practices. If the practice of puncturing 

the rupture disk or breaking off the 

shutoff valve has not been performed, 

HFCs in disposable cylinders could be 

released to the atmosphere during the 

disposal of the cylinder, and ultimately 

any remaining HFCs are released if the 

cylinder is crushed for scrap metal 

recycling. Even if the cylinder is not 

used for scrap metal recycling, 

disposable cylinders that are disposed 

of in a landfill have the potential to 

release any residual HFCs as the seal 

can degrade over time. 

EPA is proposing that the remaining 

heel in containers that have been used 

in the servicing, repair, or installation of 

equipment would not be considered a 

virgin regulated substance. As EPA 


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understands, some reclaimers who 

currently recover heels or any remaining 

residue from cylinders treat the returned 

refrigerant as used recovered material 

that could be contaminated and run the 

heel through the reclamation process as 

though it were returned in a recovery 

cylinder. This practice ensures that the 

heel is reprocessed, and the resulting 

reclaimed HFC product meets the 

correct standard. EPA notes that under 

section IV.D.2. of this proposal, 

reclaimed HFC refrigerants would be 

limited to containing no more than 15 

percent virgin HFCs, by weight. For the 

purposes of maximizing the reclaiming 

of HFCs, EPA does not intend for this 

remaining heel to count as part of the 15 

percent of virgin HFC refrigerant 

allowed in reclaimed HFC refrigerant 

because this would penalize reclaimers 

that are recovering the heel from 

cylinders. 

EPA is also considering and seeking 

comments on an alternative approach to 

the proposal requiring that disposable 

cylinders that contain HFCs and that 

have been used in the servicing, repair, 

or installation of refrigerant-containing 

equipment or fire suppression 

equipment be returned to an EPAcertified reclaimer or a fire suppressant 

recycler. The alternative approach 

would involve requiring the final 

processor of a disposable cylinder to 

ensure that all regulated substances, 

including the remaining heel, have been 

recovered prior to final disposition of 

the cylinder. EPA currently has similar 

provisions under 40 CFR 82.155 for 

certain appliances, including 

requirements that a final processor (e.g., 

scrap recyclers and landfill operators) 

either recover any remaining refrigerant 

from the appliance or receive a 

verification statement that the 

refrigerant in the disposed appliance 

has previously been recovered. EPA is 

also considering an approach that 

would establish a requirement that 

draws from both the lead proposal and 

alternative approach. The distinguishing 

feature would be to allow more than just 

EPA-certified reclaimers to perform the 

recovery (e.g., distributors and 

wholesalers), while requiring all 

recovered material be sent to an EPAcertified reclaimer. In addition, 

82.155(a) states that persons recovering 

refrigerant from certain appliances that 

would be disposed are required to 

evacuate refrigerant from the 

appliances. In either case, refrigerant 

must be evacuated from the appliance to 

a specified level using recovery 

equipment that meets applicable 

standards. EPA would also consider 

establishing recordkeeping provisions to 

ensure that disposable cylinders that 

contained HFCs have been evacuated 

appropriately before final disposition 

(e.g., landfill operator of scrap recycler). 

EPA is seeking comment on all aspects 

of this potential alternative approach. 

For example, EPA would be interested 

in comments related to the level of 

vacuum needed or if recovery 

equipment that meet specific standards 

would be needed to ensure the 

remaining amount of refrigerant in the 

disposable cylinder is fully removed. 

EPA has separately learned via a 

petition for partial administrative 

reconsideration of the Allocation 

Framework Rule (see https://

www.regulations.gov/comment/EPAHQ-OAR-2021-0044-0229) and other 

communication with one manufacturer 

who has been developing a redesigned 

disposable cylinder that, according to 

the company, includes features meant to 

prevent intentional venting and fugitive 

emissions, provide visually identifiable 

unique handle shapes, and 

accommodate machine-readable 

tracking identifiers (e.g., QR codes or 

RFID chips). EPA has only limited 

information on this newly designed 

disposable cylinder prototype and seeks 

any relevant information from 

commenters on such newly designed 

disposable cylinders, whether from that 

manufacturer or other manufacturers. 

EPA understands that the newlydesigned technology from the one 

manufacturer is proprietary and is a 

prototype that has not been 

commercialized. EPA seeks comment on 

whether this redesigned cylinder could 

address heels of HFC remaining in the 

cylinders upon disposal, which result in 

emissions rather than being reclaimed. 

Given that the language in subsection 

(h) concerns both maximizing 

reclaiming and minimizing the release 

of regulated substances from equipment 

and contemplates regulations to control 

of practices, processes, or activities 

regarding servicing, repair, disposal, or 

installation of equipment, EPA is 

seeking additional information about 

the cylinder’s ability to consistently 

deliver leak reductions during normal 

use. The Agency is also seeking 

additional information about when or if 

this redesigned cylinder would be 

commercially available. Further, EPA is 

seeking information about whether this 

redesigned cylinder could improve the 

ability for the remaining heel to be 

recovered before the cylinder is 

disposed. Additionally, if commenters 

have information about other cylinder 

manufacturers meeting similar metrics, 

EPA seeks similar information. 

EPA requests comment on all aspects 

of this proposal including the 

requirement for disposable cylinders 

that contain HFCs and that have been 

used for the servicing, repair, or 

installation of refrigerant-containing 

equipment or fire suppression 

equipment to be sent to reclaimers or 

fire suppressant recyclers, respectively; 

the timing for compliance; and the 

amounts of regulated substances likely 

to either remain in or be emitted from 

discarded disposable cylinders absent 

requirements for HFC removal. EPA is 

requesting comment on the current 

channels by which contractors or 

technicians return cylinders containing 

HFCs to reclaimers or fire suppressant 

recyclers. EPA is also seeking comment 

on the alternative approach which 

involves the final processor ensuring 

that all regulated substances, including 

the remaining heel, have been recovered 

prior to final disposition of the cylinder. 

Further, EPA requests comment on the 

consideration to establish a requirement 

that draws from the lead proposal and 

the alternative approach. EPA is 

interested in comments of current 

disposal practices for disposable 

cylinders that involve the recovery of 

the heel and the subsequent handling of 

the recovered heel. 

3. Container Tracking 

EPA is proposing certain tracking 

requirements for regulated substances 

that are used in servicing, repair, or 

installation of certain equipment. These 

requirements are being proposed as part 

of implementing subsection (h)(1) of the 

AIM Act, as these provisions would 

control practices, processes, or activities 

regarding servicing, repair, or 

installation of equipment, and would 

involve a regulated substance or, in 

some cases, the reclaiming of a 

regulated substance used as a 

refrigerant. More specifically, these 

requirements would control practices, 

processes, and activities regarding the 

identification of regulated substances 

that could be used for servicing, repair, 

or installation of certain equipment, as 

well as the tracking of reclaimed HFCs 

in the supply chain. It is critical for 

technicians and owners or operators of 

equipment to know the identity of the 

regulated substances that they are using 

for servicing, repair, or installation of 

equipment, so that they can ensure that 

those regulated substances are 

compatible with the specifications of 

that equipment. For example, if 

equipment has been designed for use 

with non-flammable HFCs, it is 

important that technicians and owners 

or operators can confirm that the HFCs 

they are using to service, repair, or 

install the equipment is nonflammable. 

As described above, regulated 


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substances are transported or stored 

during various points in the supply 

chain, particularly for applications 

where the regulated substances are used 

for the servicing, repair, or installation 

of equipment that contain or will 

contain the regulated substances. The 

proposed tracking requirements would 

allow the technicians to verify the 

identity of regulated substances in a 

container, and that it meets any 

applicable regulatory requirements and 

technical specifications, before they use 

it for servicing, repair, or installation of 

certain equipment. In addition, 

understanding the movement of the 

regulated substances through the supply 

chain (both for virgin HFCs and for 

HFCs that have been recycled (as it 

relates to fire suppressants) and/or 

reclaimed) is important to 

understanding the ways they are used 

and where additional opportunities for 

recovery, reclamation, and/or recycling 

(related to fire suppressants) exist. 

Further, the ability to track regulated 

substances in the supply chain would 

allow the Agency to account for the 

actual amount of regulated substances 

used in equipment, verify adherence 

with the requirements of the 

regulations, and identify sectors, 

subsectors, or places in the supply chain 

where emissions occur. Tracking 

movement of regulated substances, 

including to reclaimers in certain 

circumstances, supports the goal of 

maximizing reclaiming of regulated 

substances by providing information to 

better identify challenges to increasing 

reclamation. This information may also 

be useful to better understanding points 

in the supply chain where HFC releases 

from equipment can be minimized in 

the future, and thus further serve one of 

the purposes stated in subsection (h)(1). 

a. Container Tracking of Regulated 

Substances 

EPA is proposing that any container 

(whether disposable or refillable) of 

regulated substances that enters into 

U.S. commerce and contains HFCs that 

could be used in the servicing, repair, or 

installation of refrigerant-containing 

equipment or fire suppression 

equipment must contain a machinereadable tracking identifier (e.g., QR 

code, or another identifier(s)) that 

contains relevant information, as 

described in this section. 

The proposed tracking requirements 

for HFCs entering U.S. commerce that 

could be used in the servicing, repair, or 

installation of refrigerant-containing 

equipment would allow for tracking the 

movement of reclaimed HFCs and 

ensure that reclaimed HFCs are used in 

the subsectors in which requirements 

regarding their use are being proposed. 

These proposed requirements for 

tracking would also apply to HFCs that 

could be used in the servicing, repair, 

and installation of fire suppression 

equipment and would allow for the 

tracking of recycled HFC fire 

suppressants and ensure the use of 

recycled HFCs for fire suppression 

equipment to meet the proposed 

requirements. As such, these proposed 

tracking requirements have the added 

benefit of supporting and facilitating 

efforts to ensure compliance with the 

proposed requirements for the use of 

reclaimed or recycled HFCs, as 

applicable, in certain RACHP subsectors 

and the fire suppression sector. They 

help to ensure that technicians and 

owners or operators of equipment in 

those sectors can easily determine 

whether the HFCs that they are using for 

servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment are reclaimed or 

recycled, respectively, and otherwise 

meet the proposed requirements. In that 

way, these proposed requirements 

would further serve the purpose 

described in subsection (h)(1) of the 

AIM Act to maximize the reclaiming of 

regulated substances. 

For tracking the movement of HFCs, 

EPA is proposing to require the 

generation of a machine-readable 

tracking identifier (e.g., QR code or 

another identifier) by importers, 

producers and repackagers, reclaimers, 

and fire suppressant recyclers. Tracking 

HFCs through machine-readable 

tracking identifiers would provide 

information that helps support 

compliance with requirements for the 

use of reclaimed HFCs in certain 

refrigerant-containing equipment, as 

proposed in this action, such as whether 

reclaimed HFCs are being used in 

certain RACHP subsectors. The 

machine-readable tracking identifiers 

would provide information that would 

more easily allow for the determination 

of whether a given container of 

reclaimed HFCs has met the proposed 

standard in this action that no more 

than 15 percent virgin HFCs are 

contained in the reclaimed HFCs. 

Further, the machine-readable tracking 

identifiers would also support 

compliance of the proposed 

requirements for using recycled HFCs in 

fire suppression equipment. The 

machine-readable tracking identifier 

must be affixed to containers of 

regulated substances and include 

certain data elements. When the 

machine-readable tracking identifier is 

scanned, it will point to a website with 

a database that will indicate if the HFC 

in the container meets regulatory 

requirements, and provide certain data 

elements, for example, the quantity and 

common name of the HFC or HFC 

blend, the name it is currently being 

marketed under (e.g., trade name or 

brand), and the date the container was 

filled. A discussion of the information 

that would be required is provided in 

this section of the preamble and a 

discussion of how the data would be 

treated as confidential or not is 

described in section V. of this preamble. 

EPA is proposing that in the case where 

a machine-readable tracking identifier 

affixed to a container is damaged or 

otherwise unreadable, this would be the 

same as not having a machine-readable 

tracking identifier at all, which would 

be a violation of the proposed 

requirements. 

EPA is proposing that the tracking 

information must be updated each time 

the regulated substances that could be 

used in the servicing, repair, or 

installation of refrigerant-containing 

equipment or fire suppression 

equipment are bought/sold or portioned 

into another container. For example, 

when regulated substances in larger 

containers are downpacked to smaller 

containers, the tracking information 

would need to be updated. Tracking 

information would also be required to 

be updated when the regulated 

substances in containers are bought or 

sold up to the point of sale to the final 

customer of the regulated substance 

(e.g., a contractor who purchases 

regulated substances for their use in the 

servicing, repair, or installation of 

equipment). EPA is proposing that, as 

the regulated substances move in the 

supply chain, the person selling the 

regulated substances must scan the 

machine-readable tracking identifier as 

the container is sold and update the 

tracking information, and the person 

buying the container of regulated 

substances would need to do the same. 

For example, EPA is proposing that a 

person selling a container of regulated 

substances would need to identify the 

person receiving the container and 

indicate if that person is a supplier or 

a final customer in the tracking system. 

This would document the chain of 

custody as the regulated substance 

moves through the supply chain. For 

both disposable and refillable cylinders 

that contain regulated substances that 

could be used in the servicing, repair, or 

installation of refrigerant-containing 

equipment or fire suppression 

equipment, EPA is proposing certain 

requirements for tracking the movement 

of the cylinder after it is used (as 

described in section IV.F.3.). 


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EPA is proposing to require any 

person who produces, imports, 

reclaims, recycles for fire suppression 

uses, repackages, or fills into a container 

regulated substances, reclaimed 

regulated substances, or recycled 

regulated substances that could be used 

in the servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment must register 

with EPA in the tracking system no later 

than the first time they would be 

required to generate a machine-readable 

tracking identifier. EPA notes that for 

those entities that may wish to register 

in advance of the required date to 

generate a machine-readable tracking 

identifier, registration in the tracking 

system would be available 30 or 60 days 

prior to the applicable compliance date 

(e.g., as early as November 1, 2024, for 

producers and importers). Likewise, 

EPA is proposing to require that any 

person who purchases, sells, distributes, 

or offers for sale or distribution, 

regulated substances that could be used 

in the servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment must register 

with EPA in the tracking system no later 

than the first time the person would be 

required to update tracking information 

in the system. EPA notes that for those 

persons involved in the purchase, sale, 

or distribution or offering for sale or 

distribution of regulated substances who 

wish to register earlier may do so. To 

support the effective implementation of 

the tracking system, EPA intends to 

offer various opportunities for training 

potential users through webinars, fact 

sheets, and other guidance materials 

prior to the earliest required compliance 

dates. 

Additional detail on requirements for 

registering in the tracking system can be 

found in § 84.118 of the proposed 

regulatory text. To support this 

provision, EPA is prohibiting any 

person from purchasing or receiving, or 

attempting to purchase or receive 

regulated substances that could be used 

in the servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment from someone 

that is not registered with EPA. 

Nevertheless, EPA is proposing that this 

prohibition would not apply to a person 

purchasing or receiving, or attempting 

to purchase or receive regulated 

substances only for uses that are not 

related to refrigerant-containing 

equipment or fire suppression 

equipment (e.g. foams, aerosol 

propellants). EPA notes that for larger 

containers that contain regulated 

substances that may be used in multiple 

sectors, the Agency is proposing to 

require those containers would be 

subject to the proposed prohibition if 

any regulated substances in the 

container could be used for refrigerantcontaining equipment or fire 

suppression equipment in order to 

ensure that those regulated substances 

are accurately accounted for. As EPA 

understands the supply chain, HFCs 

may change hands one or more times 

before it is purchased by the final entity 

in the distribution chain and 

subsequently sold to the final customer. 

As the HFCs move through the supply 

chain to the final customer, sellers/ 

distributors would need to scan the 

containers as they are sold and update 

the information as needed, and buyers 

who intend to purchase/receive the 

HFCs, other than the final customer, 

would need to do the same. 

For importers, EPA is proposing that 

the following information be included 

in the tracking system for the generation 

of a machine-readable tracking identifier 

for regulated substances that could be 

used in servicing, repair, or installation 

of equipment: 

• The name or brand the regulated 

substance is being sold and/or marketed 

under; 

• The date it was imported; 

• The size of the container(s); 

• The entry number and entry line 

number associated with the import; 

• The unique serial number 

associated with the container; 

• The amount and name of the 

regulated substance(s) in the container; 

• The name, address, contact person, 

email address, and phone number of the 

responsible party at the facility where 

the container of regulated substance(s) 

was filled; and 

• Certification that the contents of the 

container match the substance(s) 

identified on the label. 

For producers and repackagers of 

regulated substances, EPA is proposing 

that certain information must be 

included in the tracking system for the 

generation of a machine-readable 

tracking identifier for regulated 

substances that could be used in 

servicing, repair, or installation of 

equipment. This information would be 

required to be included whether a 

container is filled for the first time after 

production or when transferring 

regulated substances from one container 

to one or more smaller or larger 

containers. EPA is proposing the 

following information must be included 

when generating the machine-readable 

tracking identifier: 

• The name or brand the regulated 

substance is being sold and/or marketed 

under; 

• The date the container was filled 

and by whom; 

• The unique serial number 

associated with the container; 

• The amount and name of the 

regulated substance(s) in the container; 

• The quantity of containers it was 

packaged in; 

• The size of the containers; 

• The name, address, contact person, 

email address, and phone number of the 

responsible party at the facility where 

the container(s) were filled; and 

• Certification that the contents of the 

container match the substance(s) 

identified on the label. 

EPA is proposing that any person 

filling a container with reclaimed HFC 

refrigerants that could be used in 

servicing, repair, or installation of 

equipment include certain information 

in the tracking system for the generation 

of the machine-readable tracking 

identifier. This information would 

include the following: 

• The name or brand the regulated 

substance is being sold and/or marketed 

under; 

• When the HFC was reclaimed and 

by whom; 

• The date the reclaimed regulated 

substance was put into a container; 

• The unique serial number 

associated with the container; 

• The size of the containers; 

• The amount and name of the 

regulated substance(s) in the container; 

• The amount of virgin regulated 

substance(s) in the container, if any, and 

that the contents of the container are 

certified per § 84.112(d) of the proposed 

regulatory text; 

• Reclaimer certification that the 

purity of the batch was confirmed to 

meet the specifications in appendix A to 

40 CFR part 82, subpart F; and 

• Certification that the contents of the 

container match the substance(s) 

identified on the label. 

EPA is proposing that any person 

filling a container with recycled 

regulated substances that could be used 

for servicing or installing fire 

suppression equipment, including for 

example fire suppressant recyclers, 

include certain information in the 

tracking system for the generation of the 

machine-readable tracking identifier. 

This information would include the 

following: 

• The name or brand the regulated 

substance is being sold and/or marketed 

under; 

• The date the container was filled 

and by whom; 

• The size of the containers; 

• The unique serial number 

associated with the container; 

• The amount and name of the 

regulated substance(s) in the container; 


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• The amount of virgin regulated 

substance(s) in the container, if any; and 

• Certification that the contents of the 

container match the substance(s) 

identified on the label. 

EPA is proposing a schedule for those 

required to generate a machine-readable 

tracking identifier and affix to 

containers to support the effective 

implementation of the tracking 

provisions in this proposal. As of 

January 1, 2025, EPA would require 

machine-readable tracking identifiers on 

all containers of HFCs that could be 

used in servicing, repair, or installation 

of refrigerant-containing equipment or 

fire suppression equipment that are 

imported, sold or distributed, or offered 

for sale or distribution by producers and 

importers. As of January 1, 2026, EPA 

would require machine-readable 

tracking identifiers on all containers of 

HFCs that could be used in the 

servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment that are filled, 

sold or distributed, or offered for sale or 

distribution, by all other repackagers 

and cylinder fillers in the United States, 

including reclaimers and fire 

suppressant recyclers. As of January 1, 

2027, EPA would require a machinereadable tracking identifier on every 

container of HFCs that could be used in 

servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment that are sold or 

distributed, offered for sale or 

distribution, purchased or received, or 

attempted to be purchased or received. 

EPA understands that effectively 

implementing the tracking system in 

industry will require logistical 

adaptation and technological 

investment. Thus, EPA is proposing a 

phased-in approach for the tracking 

requirements would support 

implementation and provide additional 

time after the final rule is published for 

industry to adjust to the proposed 

requirements when they are fully 

implemented. Under this phased-in 

approach, the Agency would have more 

time to consult industry and develop an 

appropriate tracking system. Similarly, 

industry would have more time to adapt 

existing systems and/or procure any 

technology needed to support the 

tracking system and train staff. Further, 

this tracking system would have the 

additional advantage of supporting the 

proposed requirements for the use of 

reclaimed HFCs. It would provide an 

easy means for an entity to identify 

reclaimed HFCs and thus helps support 

compliance with those aspects of this 

proposal. For example, the tracking 

system would help ensure reclaimed 

HFCs are being used consistent with the 

proposed requirements in section IV.D. 

of this action. EPA notes that the 

Agency could consider making the 

tracking system available for use on a 

voluntary basis ahead of the applicable 

compliance dates for different types of 

users. 

EPA is requesting comment on all 

aspects of this proposal. In particular, 

EPA is requesting comment on the 

proposed requirements for the tracking 

system related to the timing of the 

requirements. EPA is seeking comment 

on the phased-in approach to apply the 

requirements for effective 

implementation of the proposed 

provisions. EPA is also seeking 

comment on the time needed by 

industry for particular technological or 

logistical changes to effectively 

implement the tracking system 

requirements in this proposal. 

b. Container Tracking of Used Cylinders 

EPA is proposing specific 

requirements for the tracking of 

cylinders that contain HFCs and that 

have been used for the servicing, repair, 

or installation of refrigerant-containing 

equipment or fire suppression 

equipment. As noted in section IV.F.2., 

after cylinders (both disposable and 

refillable) containing regulated 

substances have been used in these 

practices, processes, and activities, they 

still have a remaining portion of 

regulated substances (i.e., the heel). 

Tracking these cylinders that contain a 

heel serves the purpose identified in 

subsection (h)(1) of maximizing reclaim. 

Further, subsection (h)(2)(A) of the AIM 

Act provides that EPA consider its 

authority for increasing opportunities 

for reclaiming of regulated substances. 

Requiring tracking of the remaining heel 

in cylinders would ensure that the heel 

could be recovered and promote 

additional reclaim. 

As proposed in section IV.F.2., EPA 

would require that disposable cylinders 

that contain HFCs and that have been 

used in the servicing, repair, or 

installation of refrigerant-containing 

equipment or fire suppression 

equipment be required to be returned to 

a reclaimer or fire suppressant recycler 

so that the remaining regulated 

substances, including heels, can be 

recovered. EPA is proposing that after a 

disposable cylinder is used in the 

servicing, repair, or installation of such 

equipment, it would be required to be 

tracked until it reaches an EPA-certified 

reclaimer or a fire suppressant recycler. 

As EPA understands and describes 

above, technicians and contractors (for 

refrigerant-containing equipment or fire 

suppression equipment) currently have 

channels for returning recovery 

cylinders. EPA anticipates that 

technicians and contractors would be 

able to use these same channels for 

returning disposable cylinders to 

reclaimers or fire suppressant recyclers. 

In some cases, there may be a direct 

connection between technicians or 

contractors to reclaimers or fire 

suppression recyclers and there is no 

intermediary step to returning a 

cylinder. In this case, the only tracking 

step required would be by the reclaimer 

or fire suppressant recycler, who would 

be registered in the tracking system. 

EPA is proposing that when a reclaimer 

or fire suppressant recycler receives a 

disposable cylinder with a remaining 

heel, they would be required to scan the 

machine-readable tracking identifier 

that was already affixed on the 

disposable cylinder and update the 

following information to confirm 

receipt: 

• The date that the disposable 

cylinder was received; and 

• The name, address, contact person, 

email address, and phone number of the 

person who sent the disposable 

cylinder. 

EPA is proposing that when the 

reclaimer or fire suppressant recycler 

removes the remaining regulated 

substances from the disposable cylinder, 

they would be required to enter in the 

tracking system the following data 

elements: 

• The date that the regulated 

substances were removed from the 

disposable cylinder; 

• Certification that all remaining 

regulated substances were removed; 

• The amount and the name of the 

recovered regulated substance(s). 

In other cases, technicians or 

contractors may return cylinders to a 

distributor or wholesaler who collects 

cylinders and then sends them to a 

reclaimer or fire suppressant recycler. In 

this case, there would be an additional 

tracking step required by the wholesaler 

or distributor, who would already be 

registered in the tracking system. EPA is 

proposing to require that the distributor 

or wholesaler collecting the disposable 

cylinders scan the affixed machinereadable tracking identifier when they 

receive it. The wholesaler or distributor 

would be required to enter in the 

tracking system the following 

information: 

• The date that the disposable 

cylinder was received; and 

• The name, address, contact person, 

email address, and phone number of the 

person who sent the disposable 

cylinder. 

EPA is proposing to require that when 

a reclaimer or fire suppressant recycler 

receives a disposable cylinder with a 


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remaining heel from a distributor or 

wholesaler, they would be required to 

scan the machine-readable tracking 

identifier and update information in the 

tracking system. The proposed 

requirements for reclaimers and fire 

suppressant recyclers to update 

information in the tracking system are 

the same as would be required if the 

reclaimer or fire suppressant recycler 

were to receive the disposable cylinder 

directly from a technician or contractor. 

EPA is proposing that the tracking of 

disposable cylinders to reclaimers or 

fire suppressant recyclers would be 

required as of January 1, 2026. This date 

aligns with the proposed requirement 

for reclaimers and fire suppressant 

recyclers to track containers they fill, 

sell, or distribute, or offer for sale or 

distribution with regulated substances 

that could be used in the servicing, 

repair, or installation of refrigerantcontaining equipment or fire 

suppression equipment. Thus, they 

would be registered in the tracking 

system already and could scan and 

update information as they receive 

disposable cylinders. This proposed 

date would also require distributors and 

wholesalers who receive returned 

disposable cylinders to be registered in 

the tracking system. For those 

distributors and wholesalers that would 

be receiving disposable cylinders, EPA 

is proposing that they would be 

required to register in the tracking 

system the first time they would need to 

access the system to update tracking 

information. 

EPA is proposing to include 

additional requirements for the tracking 

of refillable cylinders that contain HFCs 

and that have been used in the 

servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment. By nature, EPA 

expects that refillable cylinders would 

be involved with a return trip after they 

are used and have only a heel 

remaining. As EPA understands, fleets 

of refillable cylinders may be 

maintained by those who would 

frequently fill and refill them. For 

example, some producers, blenders, 

repackagers, and reclaimers may 

maintain a fleet of refillable cylinders. 

In some cases, these entities may even 

operate a system to track or otherwise 

maintain their own inventory of 

refillable cylinders. Refillable cylinders 

differ from disposable in a number of 

ways, notably as it relates to how the 

remaining regulated substances are 

handled after the refillable cylinder has 

been used and a heel remains. The 

remaining heel in a refillable cylinder 

can either be recovered, or additional 

HFC could be added to the refillable 

cylinder if it is the same chemical or 

blend. EPA understands this practice is 

common especially for larger cylinders, 

such as ISO tanks and rail cars. 

EPA is proposing certain 

requirements for tracking the return of 

refillable cylinders that have been used 

in the servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment. Contractors or 

technicians who are using the refillable 

cylinders for the servicing, repair, or 

installation of refrigerant-containing 

equipment or fire suppression 

equipment could return refillable 

cylinders to a distributor or wholesaler 

or they could return refillable cylinders 

directly to a cylinder owner (e.g., 

reclaimer, blender). In either case, EPA 

is proposing similar tracking 

requirements as those for the tracking of 

the return of a disposable cylinder. 

EPA is proposing that reclaimers or 

fire suppressant recyclers would be 

required to enter the following 

information in the tracking system when 

they receive a refillable cylinder that 

contains HFCs and that has been used 

in the servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment: 

• The date that the refillable cylinder 

was received; 

• The name, address, contact person, 

email address, and phone number of the 

person who sent the refillable cylinder. 

EPA is proposing that when the 

reclaimer or fire suppressant recycler 

removes the remaining regulated 

substances from the refillable cylinder, 

they would be required to enter in the 

tracking system the following data 

elements: 

• The date that the regulated 

substances were removed from the 

refillable cylinder; 

• Certification that all remaining 

regulated substances were removed; and 

• The amount and name of the 

recovered regulated substance(s). 

In the case that a refillable cylinder is 

first sent to a distributor or wholesaler, 

EPA is proposing that the wholesaler or 

distributor enter the following 

information to the tracking system upon 

receipt of the refillable cylinder: 

• The date that the refillable cylinder 

was received; and 

• The name, address, contact person, 

email address, and phone number of the 

person who sent the refillable cylinder. 

In the case where a refillable cylinder 

is sent to a person, other than an EPAcertified reclaimer or a fire suppressant 

recycler, capable of refilling it with 

additional HFCs or blend containing 

HFCs, the person filling the container 

would be required to enter the following 

data elements in the tracking system 

upon receipt of the refillable cylinder: 

• The date that the refillable cylinder 

was received; and 

• The name, address, contact person, 

email address, and phone number of the 

person who sent the refillable cylinder. 

EPA is proposing that when the 

person, other than an EPA-certified 

reclaimer or a fire suppressant recycler, 

who received the refillable cylinder 

removes any remaining regulated 

substances from the refillable cylinder 

or refills the refillable cylinder, that 

person must scan the machine-readable 

tracking identifier and update the 

following information in the tracking 

system: 

• The date the remaining regulated 

substance was removed or the date the 

refillable was refilled; and 

• The amount and name of the 

remaining regulated substance(s) 

removed from the refillable cylinder or 

the amount and name of the regulated 

substance(s) remaining in the refillable 

cylinder before it is refilled. 

EPA is proposing similar timing 

requirements for the tracking of 

refillable cylinders as they are returned 

to the cylinder owners (e.g., producers, 

reclaimers, fire suppressant recyclers). 

The tracking of refillable cylinders as 

they are returned to cylinder owners 

would be required as of January 1, 2026. 

Again, this date aligns with the 

proposed requirement for reclaimers 

and fire suppressant recyclers to track of 

containers they fill, sell, or distribute, or 

offered for sale or distribution with 

regulated substances that could be used 

in the servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment. Any producers 

who would be involved with tracking 

steps associated with the return of 

refillable cylinders would have already 

had experience in the tracking system 

for a full year. For those distributors and 

wholesalers that would be receiving 

refillable cylinders, EPA is proposing 

that they would be required to register 

in the tracking system the first time they 

would need to access the system to 

update tracking information. 

EPA is considering requirements 

associated with the tracking of cylinders 

that are used for the purpose of 

recovering regulated substances (i.e., 

recovery cylinders) from refrigerantcontaining equipment or fire 

suppression equipment. As described 

above, these recovery cylinders are only 

intended for the recovery of refrigerants 

or fire suppressants from equipment for 

the intention of sending the material to 

a reclaimer or fire suppressant recycler. 

As noted, fleets of recovery cylinders 

may be owned by reclaimers or 


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117EPA 1980, Background Document for the 

Hazardous Waste Characteristic of Ignitability, May 

2, 1980, p.7 https://www.epa.gov/hw/backgrounddocument-hazardous-waste-characteristicignitability. 

wholesalers or distributors who 

maintain them using a deposit-based 

system for the return of the cylinders. 

Contractors and technicians would pay 

a deposit and obtain the recovery 

cylinders from these entities and have 

the deposit returned when the cylinder 

is returned. In this case, EPA is 

considering and requesting comment on 

whether to establish tracking 

requirements for the entities that 

maintain the fleet of recovery cylinders. 

Such requirements would allow EPA 

the ability to track the amount of 

material that is recovered from 

equipment and how that material moves 

in the supply chain until it reaches a 

reclaimer or fire suppressant recycler. 

EPA is also interested in the tracking of 

recovery cylinders as it would provide 

additional information on the HFCs that 

are recovered from equipment that is 

being serviced, repaired, or disposed of, 

and their movement in the market and 

supply chain, and on practices, 

processes, or activities associated with 

the servicing, repair, or disposal of 

equipment. EPA is requesting comment 

on these topics, as well as additional 

information on how recovery cylinders 

are maintained in practice. For example, 

EPA is seeking information regarding 

whether contractors or technicians are 

owners of recovery cylinders and how 

they return them to reclaimers or fire 

suppressant recyclers. 

EPA is seeking comment on all 

aspects of this proposal. Specifically, 

EPA is seeking comment on the timing 

for requirements to track containers 

(both disposable and refillable) that 

contain HFCs and that have been used 

in the servicing, repair, or installation of 

equipment. EPA is also seeking 

additional information on the overall 

movement of cylinders (disposable, 

refillable, or recovery) in the supply 

chain as they are returned to an entity 

to recover the regulated substances (or 

refill the container, if it is a refillable 

cylinder). 

4. Small Cans of Refrigerant

Small cans of refrigerant, that

typically contain 2 pounds or less of 

regulated substances, are commonly 

used by individuals to service their own 

MVACs. This do-it-yourself (DIY) 

servicing practice is unique to the 

MVAC subsector within the RACHP 

sector. In the 2016 CAA section 608 

Rule (81 FR 82272, November 18, 2016), 

EPA finalized an exemption from the 

sales restriction at 40 CFR 82.154(c) for 

small cans of MVAC refrigerant with 

self-sealing valves. EPA is not proposing 

to include requirements for small cans 

of refrigerant with self-sealing valves 

(i.e., those that qualify for exemption 

from the sales restriction under 40 CFR 

82.154(c)(ix)) to be sent to a reclaimer 

after use or to include such small cans 

in the proposed container tracking 

requirements. As noted, they are 

typically used only by DIYers in the 

servicing of their own MVACs and 

contain no more than 2 pounds of 

regulated substances. Another 

distinguishing factor is the distribution 

chain for small cans, which are 

commonly sold directly to DIYers by 

retailers. Accordingly, EPA concludes it 

is not necessary to require that small 

cans of refrigerant (i.e., those meeting 

the 608 requirements) be sent to a 

reclaimer after use or to include small 

cans in the proposed container tracking 

system to serve the regulatory goals, as 

described throughout section IV.F. 

above. 

EPA welcomes comment on all 

aspects of this proposal. In particular, 

EPA seeks comments on its proposal to 

not include requirements for small cans 

of refrigerant to be returned to a 

reclaimer after use and to not include 

them in the proposed container tracking 

system in this rulemaking. In particular, 

EPA is interested in comments related 

to this provision as it relates to the 

regulatory purpose of maximizing 

reclaiming of regulated substances and 

also reducing the potential emissions of 

regulated substances. 

G. How is EPA proposing to establish

RCRA refrigerant recycling alternative

standards?

1. Nomenclature Used in This Section

This section uses the term ‘‘ignitable

spent refrigerant’’ to describe the 

refrigerants that are potentially subject 

to RCRA hazardous waste regulation 

under the current rules, and that would 

instead be subject to the proposed RCRA 

alternative standards for refrigerants 

when recycled for reuse, if these 

standards are finalized. ‘‘Ignitability’’ is 

one of the RCRA hazardous waste 

characteristics and is used to identify 

waste that may pose a risk to human 

health and the environment due to their 

potential to cause fires if improperly 

managed.117 The characteristic of 

ignitability is defined in 40 CFR 261.21. 

As discussed in more detail below in 

this section, ‘‘ignitable’’ is similar, but 

not identical, to the term ‘‘flammable’’ 

as used in ASHRAE Standard 34–2022. 

‘‘Spent’’ is used in the same context as 

‘‘spent material,’’ which is defined in 40 

CFR 261.1(c)(1) as ‘‘any material that 

has been used and as a result of 

contamination can no longer serve the 

purpose for which it was produced 

without processing.’’ Thus, an 

‘‘ignitable spent refrigerant’’ is a used 

refrigerant that cannot be reused 

without first being cleaned, and that 

exhibits the hazardous characteristic of 

ignitability per 40 CFR 261.21. 

In addition, the terms ‘‘reclaim’’ and 

‘‘recycle’’ have different regulatory 

purposes and definitions under RCRA 

than under the CAA and the AIM Act. 

Under RCRA, a material is ‘‘reclaimed’’ 

if it is processed to recover a usable 

product, or if it is regenerated. Examples 

are recovery of lead values from spent 

batteries and regeneration of spent 

solvents (See 40 CFR 261.1(c)(4)). 

Reclamation is one of the four types of 

‘‘recycling’’ identified in 40 CFR 

261.2(c) that can involve management of 

a solid waste under RCRA. Materials 

that are solid waste under RCRA are 

potentially subject to RCRA hazardous 

waste requirements. 

In contrast, under title VI of the CAA 

and its implementing regulations, 

‘‘reclaim’’ is a more precise term, 

requiring the reclaimed refrigerant to 

meet regulatory specifications based on 

AHRI Standard 700–2016, while 

‘‘recycle’’ means to extract refrigerant 

from an appliance and clean it for reuse 

in equipment of the same owner 

without meeting all of the CAA 

requirements for reclamation. See those 

definitions in 40 CFR 82.152. Similarly, 

under the AIM Act, ‘‘reclaim; 

reclamation’’ are defined in subsection 

(b)(9) of the Act, and that definition 

refers to the purity standards under 

AHRI Standard 700–2016 (or an 

appropriate successor standard adopted 

by the Administrator) and the 

verification of purity using, at a 

minimum, the analytical methodology 

described in that standard. ‘‘Recycle’’ is 

not defined in the AIM Act. 

To avoid confusion when discussing 

what regulatory requirements would 

apply to ignitable spent refrigerant, for 

the purposes of the proposed RCRA 

alternative standards, EPA is using the 

term ‘‘recycle for reuse’’ as defined at 40 

CFR 266.601 to mean to process an 

ignitable spent refrigerant to remove 

contamination and prepare it to be used 

again. This umbrella term includes 

reclaiming ignitable spent refrigerants as 

defined in the context of the RCRA 

regulations at 40 CFR 261.1(c), and 

either reclaiming or recycling 

refrigerants as defined in 40 CFR 82.152. 

‘‘Recycle for reuse’’ would not include 

recycling that involves burning for 

energy recovery or use in a manner 

constituting disposal (use in or on the 

land) as defined in 40 CFR 261.2(c), or 


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118 ‘‘Flammability’’ as identified by the ASHRAE 

standards and ‘‘ignitability’’ as identified by the 

RCRA 40 CFR 261.21 standard are both intended to 

capture the potential for a substance to cause fires. 

However, since the methodology used under these 

two systems differs, EPA is using ‘‘flammability’’ 

when describing the ASHRAE standard and 

‘‘ignitability’’ when describing wastes that are 

regulated under RCRA when they meet the ignitable 

characteristic in § 261.21 and therefore are subject 

to hazardous waste management requirements. In 

general, a flammable substance would be presumed 

to be also ignitable under RCRA unless testing were 

to demonstrate otherwise. 

119ASHRAE Fact Sheet Update on New 

Refrigerants Designations and Safety Classification 

November 2022. https://www.ashrae.org/ 

file%20library/technical%20resources/bookstore/ 

factsheet_ashrae_english_november2022.pdf. 

120S N Kopylov et al 2019 IOP Conf. Ser.: Earth 

Environ. Sci. 272 022064; https://iopscience.

iop.org/article/10.1088/1755-1315/272/2/022064. 

121EPA is not reopening the original CFC 

refrigerant recycling exclusion and is not requesting 

comment on 40 CFR 261.4(b)(12). Any comments 

received on the CFC refrigerant recycling exclusion 

will be considered out of scope of this rulemaking. 

sham recycling as defined in 40 CFR 

261.2(g). 

2. Background

On February 13, 1991, EPA

promulgated an interim final rule 

excluding spent chlorofluorocarbon 

(CFC) refrigerants from the definition of 

hazardous waste under RCRA when 

recycled for reuse (56 FR 5910). EPA 

was concerned that subjecting used CFC 

refrigerants to RCRA hazardous waste 

regulations would result in increased 

venting of these refrigerants, resulting in 

increased levels of ODS in the 

stratosphere. As described above in 

section III.C., EPA promulgated a series 

of rules implementing provisions under 

CAA title VI to phase out class I and 

class II ODS, including CFCs used as 

refrigerants, and establishing standards 

applicable to the use, disposal, and 

recycling of ODS refrigerants and their 

substitutes. 

Some of these acceptable substitutes 

are flammable and likely to exhibit the 

hazardous waste characteristic of 

ignitability found in 40 CFR 261.21.118

As described in section IV.C.4., 

ASHRAE Standard 34–2022 assigns a 

safety group classification for each 

refrigerant which consists of two 

alphanumeric characters (e.g., A2 or 

B1). The capital letter indicates the 

toxicity class (‘‘A’’ for lower toxicity) 

and the numeral denotes the 

flammability. ASHRAE recognizes three 

classifications and one subclass for 

refrigerant flammability. The three main 

flammability classifications are Class 1, 

for refrigerants that do not propagate a 

flame when tested as per the ASHRAE 

34 standard, ‘‘Designation and Safety 

Classification of Refrigerants;’’ Class 2, 

for refrigerants of lower flammability; 

and Class 3, for highly flammable 

refrigerants, such as the hydrocarbon 

refrigerants. ASHRAE recently updated 

the safety classification matrix to 

include a new flammability subclass 2L, 

for flammability Class 2 refrigerants that 

burn very slowly.119 Since 2010, EPA’s 

SNAP program has listed a number of 

flammable substitute refrigerants that 

have ASHRAE safety classifications of 

A3 (higher flammability, lower toxicity 

refrigerants such as propane or 

isobutane) or A2L (lower flammability, 

lower toxicity refrigerants such as HFC– 

32 or HFO–1234yf). 

The standard for flammability under 

ASHRAE 34 does not correspond 

precisely with the RCRA standards for 

ignitability found in 40 CFR 261.21, but 

in general, refrigerants with a 

flammability Class of 2 or 3 are expected 

to be ignitable under RCRA. Spent 

refrigerants with a flammability class of 

2L may or may not be ignitable 

hazardous waste, depending on the 

specific chemical(s) used in the 

refrigerant and contamination of the 

refrigerant during use. Note that even 

refrigerants that do not exhibit the 

characteristic of ignitability as a virgin 

material could become ignitable with 

use, especially if contaminated with oil 

or other lubricants, posing a risk of fire 

if mismanaged.120 Similarly, the flash 

point of a refrigerant that is a blend of 

two or more chemicals can change if 

there is a leak during operation or 

during recovery and storage, when the 

refrigerant from multiple appliances is 

combined, or if the recovery process is 

incomplete, potentially changing the 

hazardous waste characteristic of the 

spent refrigerant when collected. 

However, these ignitable spent 

refrigerant substitutes do not fall under 

the 40 CFR 261.4(b)(12) RCRA exclusion 

for refrigerants, since that exclusion is 

limited to CFC refrigerants.121 The 

applicability of RCRA to flammable 

refrigerants is discussed in the 2016 

SNAP final rule. (81 FR at 86799–86800, 

December 1, 2016). Consistent with that 

discussion, EPA considers incidental 

releases of spent refrigerant that occur 

during the maintenance, service, and 

repair of appliances subject to CAA 

section 608 (which would include 

venting from appliances of refrigerants 

that are exempt from the venting 

prohibition under 40 CFR 82.154(a)), 

and releases resulting from the disposal 

of household appliances both generally 

not to be considered disposal of a 

hazardous waste under RCRA. However, 

ignitable spent refrigerant from 

commercial and industrial appliances 

(i.e., non-household appliances) would 

be classified as hazardous waste and 

would need to be managed under the 

applicable RCRA regulations (40 CFR 

parts 260 through 270) when recovered 

(i.e., removed from an appliance and 

stored in an external container) or 

disposed of (e.g., vented from a 

container after recovery). These 

requirements would include generator 

notification and on-site accumulation 

standards, emergency preparedness and 

other requirements, hazardous waste 

manifest and transportation 

requirements for the ignitable spent 

refrigerant, and RCRA permit 

requirements for refrigerant recyclers 

that store the refrigerant prior to 

recycling. 

3. Proposed Alternative RCRA

Standards for Spent Ignitable

Refrigerants Being Recycled for Reuse

Similar to EPA’s concerns expressed 

in the 1991 rulemaking establishing the 

CFC refrigerant recycling exclusion, 

EPA is concerned that applying RCRA 

hazardous waste requirements to the 

substitute refrigerants that exhibit the 

hazardous characteristic of ignitibility 

would discourage recycling and could 

result in an increase in releases of 

ignitable refrigerants, including HFC 

ignitable refrigerants, contrary to the 

goals of RCRA and to one of the 

purposes of regulations under 

subsection (h)(1) of the AIM Act, which 

is to minimize releases of HFCs from 

equipment. Moreover, inadvertently 

incentivizing releases of refrigerants 

would be contrary to RCRA section 

3004(n), which requires EPA to control 

air emissions from hazardous waste 

management, as may be necessary to 

protect human health and the 

environment. Finally, the current 

requirements for recovery of refrigerants 

under the CAA section 608 rules help 

ensure that the ignitable spent 

refrigerants are legitimately recycled for 

reuse, and also address the flammability 

risks posed by ignitable spent 

refrigerants. 

For the reasons stated above, EPA is 

proposing to add standards under 40 

CFR part 266, subpart Q applicable to 

certain ignitable spent refrigerants that 

are recycled for reuse that would apply 

instead of the full RCRA Subtitle C 

hazardous waste requirements. The 

purpose of these standards is to help 

reduce emissions of ignitable spent 

refrigerants to the lowest achievable 

level by maximizing the recapture and 

safe recycling of such refrigerants 

during the maintenance, service, repair, 

and disposal of appliances. 


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122U.S. EPA A Study of the Potential Effects of 

Market Forces on the Management of Hazardous 

Secondary Materials Intended for Recycling, 

November 2006, available at https://

www.regulations.gov/document/EPA-1HQ-RCRA2002-0031-0358. 

123EPA-Certified Refrigerant Reclaimers https://

www.epa.gov/section608/epa-certified-refrigerantreclaimers. Retrieved December 27, 2022. 

a. Scope of the Proposed RCRA

Alternative Standards

EPA is proposing that the 40 CFR part 

266, subpart Q RCRA alternative 

standards would apply to HFCs and 

substitutes that do not belong to 

flammability Class 3. EPA is proposing 

to limit the alternative standards to 

lower flammability substitutes (Class 1, 

2 and 2L) because of the lower risk of 

fire from the collection and recycling for 

reuse of these refrigerants, and the 

greater market value of these 

refrigerants, which supports the 

conclusion that these spent refrigerants 

will be recycled for reuse and not 

stockpiled, mismanaged, or abandoned. 

EPA has found that a low market value 

for a reclaimed product can increase the 

likelihood of mismanagement and 

abandonment occurring during 

hazardous waste recycling activities.122

In addition to this proposal, EPA is 

also considering the option of 

expanding the applicability of the RCRA 

alternative standards to some or all A3 

refrigerants. Broadening the 

applicability of the exemption could 

encourage the development of markets 

for these other recycled refrigerants, 

even if current markets are limited, 

provided that they can be safely 

recycled for reuse. 

EPA requests comment on the scope 

of the RCRA alternative standards, 

including the option of expanding the 

applicability of the RCRA alternative 

standards to Class 3 refrigerants. In 

addition, EPA requests comment on 

which additional refrigerants should 

qualify for the RCRA alternative 

standards in the final rule, if EPA 

determines such an expansion is 

appropriate. EPA requests information 

on the safety and economic feasibility of 

recycling for reuse Class 2L, 2, and 3 

refrigerants both under current and 

projected future market conditions. 

b. Proposed Requirements for the RCRA

Alternative Standards

The specific standards EPA is 

proposing for ignitable spent refrigerant 

being recycled for reuse either on-site 

for further use in equipment of the same 

owner, or by the owner of the recovery 

equipment in compliance with MVAC 

standards in 40 CFR part 82, subpart B, 

are (1) the ignitable spent refrigerants 

that are recovered (i.e., removed from an 

appliance and stored in an external 

container) and/or recycled for reuse 

using equipment that is certified for that 

type of refrigerant under 40 CFR 82.36 

or 40 CFR 82.158; and (2) the ignitable 

spent refrigerants are not speculatively 

accumulated as defined in 40 CFR 

261.1(c). 

The specific standards that EPA is 

proposing for facilities receiving 

refrigerant from off-site to be recycled 

for reuse are (1) the reclaimer must 

maintain certification by EPA under 40 

CFR 82.164; (2) the facility must meet 

the emergency preparedness and 

response requirements of 40 CFR part 

261 subpart M, and (3) the ignitable 

spent refrigerants must not be 

speculatively accumulated as defined in 

40 CFR 261.1(c). EPA is proposing these 

requirements be included as part of the 

RCRA alternative standard in order to 

ensure that the ignitable spent 

refrigerant is legitimately recycled for 

reuse in a way that is protective of 

human health and the environment. 

The proposed requirement that the 

recovery and/or recycling equipment be 

certified for that type of refrigerant and 

appliance under 40 CFR 82.36 (for 

MVAC systems) or 40 CFR 82.158 (for 

on-site recycling) would specifically 

address the ignitability hazard during 

refrigerant recovery and recycling for 

reuse at MVAC recycling operations in 

compliance with 40 part 82 subpart B, 

or for recycling on-site for reuse in 

appliances by the same owner. In 

particular, appendix B4 to subpart F of 

40 CFR part 82—Performance and 

Safety of Flammable Refrigerant 

Recovery and/or Recycling Equipment 

requires all recovery and/or recycling 

equipment to be tested to meet 

standards for the test apparatus, test gas 

mixtures, sampling procedures, 

analytical techniques, and equipment 

construction that will be used to 

determine the performance and safety of 

refrigerant recovery. 

The proposed requirement that the 

spent refrigerant regulated under the 

new alternative standards not be 

speculatively accumulated per 40 CFR 

261.1(c) would help prevent overaccumulation, mismanagement, and 

abandonment of the spent refrigerant. 

Restrictions on speculative 

accumulation have been an important 

element of the RCRA hazardous waste 

recycling regulations since they were 

originally promulgated on January 4, 

1985 (50 FR 634–637). According to this 

regulatory provision, hazardous 

secondary materials as defined in 40 

CFR 260.10 (which would include 

ignitable spent refrigerants) are 

accumulated speculatively if the person 

accumulating them cannot demonstrate 

that the material is potentially 

recyclable. Further, the person 

accumulating the hazardous secondary 

material must demonstrate that during a 

calendar year (beginning January 1) the 

amount of such material that is recycled 

or transferred to a different site for 

recycling is at least 75% by weight or 

volume of the amount of the hazardous 

secondary material present at the 

beginning of the calendar year (January 

1). Hazardous secondary materials to be 

recycled must be placed in a storage 

unit with a label indicating the first date 

that the material began to be 

accumulated, or the accumulation 

period must be documented through an 

inventory log or other appropriate 

method. Otherwise, the hazardous 

secondary material is considered to be 

speculatively accumulated and not 

eligible for the alternative standards in 

40 CFR part 266, subpart Q. 

The requirement that facilities 

receiving refrigerant from off-site to be 

recycled for reuse maintain certification 

by EPA under 40 CFR 82.164 helps 

ensure that the recycler is experienced 

in proper refrigerant reclamation 

techniques and will manage the spent 

refrigerant in a manner that minimizes 

releases, with an explicit limit under the 

CAA section 608 rules of no more than 

1.5 percent of the refrigerant released 

during the reclamation process (see 40 

CFR 82.164(a)(3)). The certification 

requirement also helps with the 

transparency of the RCRA alternative 

standard since the list of EPA-certified 

refrigerant reclaimers is publicly 

available on EPA’s website.123 In 

addition, these facilities certified 

reclaimers under CAA section 608 and 

must follow recordkeeping and 

reporting requirements, per 40 CFR 

82.164(d) including (1) maintaining 

records of the names and addresses of 

persons sending them material for 

reclamation and the quantity of the 

material (the combined mass of 

refrigerant and contaminants) sent to 

them for reclamation, and (2) reporting 

annually the quantity of material sent to 

them for reclamation by refrigerant type, 

the mass of refrigerant reclaimed by 

refrigerant type, and the mass of waste 

products. Finally, EPA-certified 

refrigerant reclaimers must verify that 

each batch of reclaimed refrigerant 

meets the specifications in the 

regulations (40 CFR 82.164(a)(2)), which 

helps ensure that the reclamation 

process is legitimate recycling under the 

RCRA regulations. EPA notes that 

reclaimed refrigerant that does not meet 

the required specifications would be 

considered an off-specification 


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124Per 40 CFR 260.10, ‘‘hazardous secondary 

materials’’ means a secondary material (e.g., spent 

material, by-product, or sludge) that, when 

discarded, would be identified as hazardous waste 

under 40 CFR part 261. Spent ignitable refrigerant 

meets this definition. 

commercial chemical product under 40 

CFR 261.2(c) and subject to all 

applicable RCRA regulatory 

requirements. EPA further notes that 

persons who reclaim HFCs that are 

listed as regulated substances under the 

AIM Act must meet recordkeeping and 

reporting requirements as set forth in 40 

CFR 84.31(a) and 84.31(i). 

Finally, including the requirement 

that facilities receiving refrigerant to be 

recycled for reuse meet the RCRA 

standards under 40 CFR part 261, 

subpart M, Emergency Preparedness and 

Response for Management of Excluded 

Hazardous Secondary Materials, would 

also address risks posed specifically for 

ignitable spent refrigerants, which are a 

subset of hazardous secondary 

materials.124 EPA is proposing that 

facilities receiving ignitable spent 

refrigerants from other parties for 

recycling for reuse be subject to this 

additional emergency preparedness 

requirement because these third-party 

recyclers would be receiving ignitable 

spent refrigerant from multiple sources, 

and are likely to store greater volumes 

for longer time periods than companies 

that recycle for reuse onsite or as part 

of an MVAC refrigerant recovery and 

recycling system in compliance with 40 

CFR part 82, subpart B. Proposed 

requirements include maintaining 

appropriate emergency equipment on 

site, having access to alarm systems, 

maintaining needed aisle space, making 

arrangements with local emergency 

authorities, and having a designated 

emergency coordinator who is 

responsible for responding in the event 

of an emergency. This requirement will 

help protect human health and the 

environment in the event of a fire or 

other emergency at the recycler. 

EPA is also specifically proposing that 

all recycling facilities receiving ignitable 

spent refrigerant from off-site meet the 

emergency preparedness and response 

requirements under 40 CFR 261.410 and 

40 CFR 261.420, which include general 

personnel training requirements for 

facilities (40 CFR 261.420(g)). While 

these provisions currently only apply to 

facilities that accumulate more than 

6,000 kg of hazardous secondary 

materials at a time, given the ignitability 

risk posed by the spent refrigerants at 

relatively small volumes, EPA’s view is 

that these provisions are the most 

appropriate for all facilities 

accumulating ignitable spent 

refrigerants. EPA requests comment on 

these emergency preparedness and 

response requirements for reclaimers 

receiving ignitable spent refrigerants, 

including whether more specific 

training requirements for managing 

ignitable spent refrigerants should be 

included in the alternative RCRA 

standards, and if so, what aspects of 

refrigerant management those additional 

training requirements should address. 

4. Very Small Quantity Generator

Wastes

Very Small Quantity Generators 

(VSQGs) generate less than 100 kg of 

hazardous waste per month and one 

kilogram or less per month of acutely 

hazardous waste and are subject to a 

limited set of federal RCRA Subtitle C 

hazardous waste regulations, provided 

that they comply with the conditions set 

forth in 40 CFR 262.14. Among those 

conditions is that the VSQG must either 

treat and dispose of its hazardous waste 

in an on-site facility or ensure delivery 

to an off-site facility listed in 40 CFR 

262.14(a)(5). Included in this list is a 

facility that: (1) beneficially uses or 

reuses, or legitimately recycles or 

reclaims its waste; or (2) treats its waste 

prior to beneficial use or reuse, or 

legitimate recycling or reclamation. 

For ignitable spent refrigerant 

regulated under the new proposed 

RCRA alternative standard, EPA is 

proposing to make a conforming change 

to 40 CFR 262.14(a)(5) to require that 

these refrigerants be sent to a facility 

that meets the requirements of 40 CFR 

part 266, subpart Q if sent off-site for 

recycling. EPA notes that while this 

change is more stringent than the 

current RCRA regulations, VSQGs 

would experience no additional burden 

since under the CAA section 608 rules, 

all reclaimers receiving used ODS 

refrigerants or non-exempt substitute 

refrigerants from off-site for reclamation 

must meet EPA’s certification 

requirements in 40 CFR 82.164. This 

proposed revision would not affect 

refrigerants not subject to the new RCRA 

alternative standard (e.g., ignitable spent 

refrigerants that are not sent off-site to 

be recycled for reuse). 

5. RCRA Regulation of Exports and

Imports of Ignitable Spent Refrigerants

The proposed RCRA alternative 

standard is limited to ignitable spent 

refrigerants that are recycled for reuse in 

the United States, and it requires that 

off-site recycling for reuse be performed 

at an EPA-certified reclaimer per 40 CFR 

82.164. Therefore, ignitable spent 

refrigerants intended for export would 

not qualify for the proposed RCRA 

alternative standard, and would instead 

be regulated under the full RCRA 

Subtitle C requirements, including the 

relevant hazardous waste export 

requirements in 40 CFR part 262, 

subpart H. 

Imports of ignitable spent refrigerants 

would be allowed under the alternative 

RCRA standards, as long as the 

imported refrigerants meet the 

requirements of the proposed RCRA 

alternative standard, including being 

recycled for reuse at an EPA-certified 

reclaimer per 40 CFR 82.164. This 

proposal does not affect or reopen any 

of the requirements for regulated 

substances established under the AIM 

Act that are codified at 40 CFR part 84, 

subpart A. EPA requests comment on 

the regulation of exports and imports of 

ignitable spent refrigerants under RCRA, 

including whether to add export and/or 

import requirements to the RCRA 

alternative standard under 40 CFR part 

266, subpart Q. 

6. Applicability of Proposed Alternative

Standard in RCRA-Authorized States

Under section 3006 of RCRA, EPA 

may authorize states to administer the 

RCRA Subtitle C hazardous waste 

program. Following authorization, the 

authorized state program operates in 

lieu of the federal regulations. EPA 

retains authority to enforce the 

authorized state RCRA Subtitle C 

program, although authorized states 

have primary enforcement authority. 

EPA also retains its authority under 

RCRA sections 3007, 3008, 3013, and 

7003. The standards and requirements 

for state authorization are found at 40 

CFR part 271. 

Prior to enactment of the Hazardous 

and Solid Waste Amendments of 1984 

(HSWA), a state with final RCRA 

authorization administered its 

hazardous waste program entirely in 

lieu of EPA administering the federal 

program in that state. EPA did not issue 

permits for any facilities in that state, 

since the state was now authorized to 

issue RCRA permits. When new, more 

stringent federal requirements were 

promulgated, the state was obligated to 

enact equivalent authorities within 

specified time frames. However, the 

new requirements did not take effect in 

an authorized state until the state 

adopted the equivalent state 

requirements. 

In contrast, under RCRA section 

3006(g) (42 U.S.C. 6926(g)), which was 

added by HSWA, new requirements and 

prohibitions imposed under HSWA 

authority take effect in authorized states 

at the same time that they take effect in 

unauthorized states. While states must 

still adopt HSWA-related provisions as 

state law to retain authorization, EPA 

implements the HSWA provisions in 


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125Another example of an instance where there 

is no change in ownership is the off-site servicing 

and recharge of MVAC systems for a fleet of trucks 

that are owned by the same company. 

126SAE International, 2012. SAE J2099: Standard 

of Purity for Recycled R–134a (HFC–134a) and R– 

1234yf (HFO–1234yf) for Use in Mobile Airconditioning Systems. 

127March 6, 2023, EPA meeting with Mobile Air 

Climate Systems (MACS) Association and SAE 

International. Meeting materials available in the 

docket (EPA–HQ–OAR–2022–0606) for this 

proposed rulemaking at https://

www.regulations.gov. 

128Letter to EPA from AHRI, Alliance for 

Automotive Innovation, Alliance for Responsible 

Atmospheric Policy, and MACS dated June 9, 2023. 

Continued 

authorized states, including the 

issuance of any permits pertaining to 

HSWA requirements, until the state is 

granted authorization to do so. 

Authorized states are required to 

modify their programs only when EPA 

promulgates federal requirements that 

are more stringent or broader in scope 

than existing federal requirements. 

RCRA section 3009 allows the states to 

impose standards more stringent than 

those in the federal program (see 40 CFR 

271.1). Therefore, authorized states may, 

but are not required to, adopt federal 

regulations, both HSWA and nonHSWA, that are considered less 

stringent than previous federal 

regulations. 

7. Effect on State Authorization 

This action proposes to add a new 

subpart Q to 40 CFR part 266 Standards 

for the Management of Specific 

Hazardous Wastes and Specific Types 

of Hazardous Waste Management 

Facilities, and it is being proposed 

under the authority of HSWA due to its 

purpose of reducing air emissions from 

the management of ignitable spent 

refrigerants, in accordance with EPA’s 

mandate to control air emissions from 

hazardous waste management, as may 

be necessary to protect human health 

and the environment, per RCRA section 

3004(n), which was promulgated under 

HSWA. In addition, the changes to the 

Very Small Quantity Generator 

Regulations in 40 CFR 262.14 would be 

promulgated under RCRA section 

3001(d)(4), also a HSWA provision. 

While the proposed exclusion reduces 

the applicability of many RCRA 

requirements to the recycling of 

ignitable spent refrigerant, the 

requirement that refrigerant be 

recovered and/or recycled for reuse 

using equipment that is certified for that 

type of refrigerant and appliance under 

40 CFR 82.158, and that the recovered 

refrigerant be recycled for reuse at a 

facility certified by EPA under 40 CFR 

82.164 would be more stringent than the 

current RCRA requirements applicable 

to recycling of ignitable spent 

refrigerant. In addition, the revisions to 

the VSQG regulations in 40 CFR 262.14 

are more stringent than the current 

standard. Thus, the proposed 

amendment would be a HSWA rule that 

is more stringent than the current RCRA 

program and, if finalized, would be 

applicable on the effective date of the 

final rule in all states. 

In addition to the proposed RCRA 

alternative standards for Class 1, 2 and 

2L, EPA is also considering the option 

of expanding the applicability of the 

RCRA alternative standards to some or 

all A3 refrigerants. Broadening the 

applicability of the exemption could 

encourage the development of markets 

for these other recycled refrigerants, 

even if current markets are limited, 

provided that they can be safely 

recycled for reuse. In addition, EPA 

requests comment on which additional 

refrigerants should qualify for the RCRA 

alternative standards in the final rule, if 

EPA determines such an expansion is 

appropriate. EPA requests information 

on the safety and economic feasibility of 

recycling for reuse Class 2L, 2, and 3 

refrigerants both under current and 

projected future market conditions. 

H. MVAC Servicing and Reprocessed 

Material 

EPA is not proposing requirements 

focused on implementing subsection 

(h)(2)(B) for MVAC servicing facilities 

that currently reclaim or recycle 

recovered MVAC refrigerant. EPA 

understands that under current industry 

practices, a variety of things might occur 

once refrigerant has been recovered 

from an MVAC system. For example, in 

some situations, MVAC servicing 

facilities recover refrigerant from the 

MVAC, recycle it consistent with EPA’s 

regulations under CAA section 609 and 

return the recycled refrigerant to the 

same MVAC for continued use by the 

same owner.125 In other circumstances, 

however, EPA understands that the 

recovered MVAC refrigerant is recycled 

and used in servicing a different MVAC 

system with a different owner (e.g., to 

charge or recharge such a system), 

thereby in effect selling or transferring 

the refrigerant to a new owner. See 40 

CFR 82.34(d)(2). Additionally, EPA 

understands that there are 

circumstances where refrigerant 

recovered from MVAC systems is 

reclaimed before it is reused or sold or 

transferred to a new owner. 

The servicing and repair of MVAC 

systems with HFCs and HFC substitutes 

(e.g., HFO–1234yf and R–744 (CO2)) 

have long been subject to certain 

requirements that are separate from 

those that apply for the servicing and 

repair of stationary appliances. 

Regulations under CAA section 609 

require that technicians use equipment 

approved pursuant to the standards at 

40 CFR 82.36 to service and repair 

MVAC systems. Under those existing 

regulations, recovered refrigerant can 

either be recycled on-site or off-site 

using approved equipment designed to 

both recover and recycle refrigerant 

certified to meet SAE J2099.126 SAE 

J2099 establishes the minimum level of 

refrigerant purity (e.g., 98% for HFO– 

1234yf) required for the certification of 

on-site recovery and recycling machines 

per SAE 2843 and SAE J2788. 

Refrigerant from reclamation facilities 

that is used for the purpose of 

recharging MVACs must be at or above 

the standard of purity (i.e., 99.5%) level 

defined in AHRI Standard 700, and EPA 

understands that such reclamation 

typically occurs off-site. See 40 CFR 

82.32(e)(2). 

Due to the longstanding practice of 

on-site recycling of MVAC refrigerant, 

some industry stakeholders 127 question 

the need to reclaim recovered MVAC 

refrigerant to meet the purity described 

in AHRI Standard 700–2016 as specified 

in the definition of the terms ‘‘reclaim’’ 

and ‘‘reclamation’’ in subsection (b)(9) 

of the Act. They note that equipment 

certified to meet SAE J2099 are rated to 

clean and separate material in 

contaminated refrigerant to a 98% 

purity level, which provides the same 

level of performance and durability as 

virgin refrigerant for purposes of use in 

MVACs. They also pointed out the 

ambiguity in the phrase ‘‘(or an 

appropriate successor standard adopted 

by the Administrator)’’ in definition of 

‘‘reclaim’’ and ‘‘reclamation’’ in the AIM 

Act. While there may be a variety of 

situations that could lead to the 

adoption of a successor standard by the 

Administrator within the meaning of 

subsection (b)(9), in EPA’s view one 

such circumstance would be if AHRI 

published a subsequent standard or 

addendum regarding the reprocessing of 

a recovered regulated substance to a 

specified purity standard and the 

analytical methodology to verify the 

purity of that regulated substance, and 

that standard were adopted by the 

Administrator as a successor standard. 

EPA is aware that AHRI is in 

consultations with SAE International, 

the Mobile Air Climate Systems 

(MACS), and other industry 

stakeholders to develop a standard (or 

update an existing standard) that may be 

more appropriate for MVAC servicing 

than the AHRI Standard 700–2016.128 If 


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Available in the docket (EPA–HQ–OAR–2022– 

0606) for this proposed rulemaking at https://

www.regulations.gov. 

129 5 U.S.C. 552(b)(4). 

130 5 U.S.C. 552(b)(4). 

131 40 CFR 2.205. 

132This approach of making categorical 

determinations for a class of information is a wellestablished Agency practice. Prior examples of rules 

where EPA has made such categorical 

determinations include Confidentiality 

Determinations for Data Required Under the 

Mandatory Greenhouse Gas Reporting Rule and 

Amendments to Special Rules Governing Certain 

Information Obtained Under the Clean Air Act (76 

FR 30817) (May 26, 2011); Control of Air Pollution 

From New Motor Vehicles: Heavy-Duty Engine and 

Vehicle Standards (88 FR 4296) (January 24, 2023); 

and Renewable Fuel Standard (RFS) Program: RFS 

Annual Rules (87 FR 39600) (July 1, 2002). 

133Argus Leader, 139 S. Ct. at 2366. 

134 Id. at 2363. 

135 Id. (internal citations omitted). 

136 Id. (internal citations omitted). 

137 ‘‘Exemption 4 After the Supreme Court’s 

Ruling in Food Marketing Institute v. Argus Leader 

Media and Accompanying Step-by-Step Guide,’’ 

such a standard is finalized, EPA 

intends to review it, and any supporting 

information, and consider what 

implications it might have for potential 

approaches that the Agency might 

consider in future rulemakings to 

implement subsection (h)(2)(B) for 

MVAC systems. Additionally, the 

Agency could consider establishing its 

own purity standard and analytical 

methodology for verification of the 

purity of recovered regulated 

substances, as well as specifying 

minimum equipment requirements for 

MVAC systems under subsection (h). 

Among other things, such a standard 

could be based on consideration of 

input from stakeholders and consensus 

standards bodies. EPA could consider 

adopting any such standard in a future 

rulemaking. In light of the time needed 

to develop such standards (whether 

developed by EPA or standard setting 

organizations) and for EPA to consider 

whether they are appropriate for EPA to 

adopt as successor standards in the 

context of subsection (h), as well as the 

implications that such standards might 

have on the regulations that EPA might 

propose to implement subsection 

(h)(2)(B) for MVAC systems, EPA is not 

proposing such regulations in this 

NPRM. Instead, EPA intends to issue 

proposed regulations for this sector at a 

later date, once it has additional clarity 

on the development of such a successor 

standard and its likely content. 

V. How is EPA proposing to treat data 

reported under this rule? 

Consistent with EPA’s commitment to 

transparency in program 

implementation, as well as to 

proactively encourage compliance, 

support enforcement of program 

requirements and enable third-party 

engagement to complement EPA’s 

enforcement efforts, EPA is proposing 

several ways it intends to release data 

that would be collected if this rule were 

finalized as proposed. 

EPA has reviewed the data elements 

that are proposed to be reported under 

this rule. Based on that review, EPA is 

proposing certain categorical emissions 

data and confidentiality determinations 

in advance through this notice and 

comment rulemaking for individual 

reported data elements that EPA would 

be collecting through this rulemaking. 

This proposal identifies certain 

information categories that must be 

submitted to EPA that will be subject to 

disclosure to the public without further 

notice because the information has been 

determined to be either ‘‘emission data’’ 

under 40 CFR 2.301(a), or the Agency 

has found that the information does not 

meet the standard for confidential 

treatment under Exemption 4 of the 

Freedom of Information Act (FOIA). 

EPA is also proposing to identify certain 

other categories of information that may 

be entitled to confidential treatment. For 

information EPA is not determining in 

this rulemaking to be emission data or 

not otherwise entitled to confidential 

treatment, EPA will apply the 40 CFR 

part 2 process for establishing case-bycase confidentiality determinations. As 

explained further in the following 

discussion, the emission data and 

confidentiality determinations in this 

proposed action are intended to increase 

the efficiency with which the Agency 

responds to FOIA requests and to 

provide consistency in the treatment of 

the same or similar information. 

Establishing these determinations 

through this rulemaking will provide 

predictability for both information 

requesters and submitters. The emission 

data and confidentiality determinations 

in this proposed rule will also increase 

transparency, as well as supporting 

compliance with, and enforcement of, 

the program’s requirements. 

A. Background on Determinations of 

Whether Information Is Entitled to 

Treatment as Confidential Information 

1. Confidential Treatment of Reported 

Information 

Regulated entities that must submit 

information to EPA frequently claim 

that some or all of that information is 

entitled to confidential treatment and 

therefore exempt from disclosure under 

Exemption 4 of the FOIA.129 Exemption 

4 exempts from disclosure ‘‘trade secrets 

and commercial or financial information 

obtained from a person [that is] 

privileged or confidential.’’ 130 In order 

for information to meet the 

requirements of Exemption 4, EPA must 

find that the information is either: (1) a 

trade secret, or (2) commercial or 

financial information that is: (a) 

obtained from a person, and (b) 

privileged or confidential. 

Generally, when we have information 

that we intend to disclose publicly that 

is covered by a claim of confidentiality 

under FOIA Exemption 4, EPA has a 

process to make case-by-case or class 

determinations under 40 CFR part 2 to 

evaluate whether such information 

qualifies for confidential treatment 

under the exemption.131 132 In this 

action, EPA is proposing to make 

categorical emission data and 

confidentiality determinations in 

advance through this notice and 

comment rulemaking for some 

information that must be submitted to 

EPA under the proposed requirements. 

If EPA finalizes these determinations, 

that information would be subject to 

disclosure to the public without further 

notice. 

The U.S. Supreme Court decision in 

Food Marketing Institute v. Argus 

Leader Media, 139 S. Ct. 2356 (2019) 

(Argus Leader) addresses the meaning of 

‘‘confidential’’ within the context of 

FOIA Exemption 4. The Court held that 

‘‘[a]t least where commercial or 

financial information is both 

customarily and actually treated as 

private by its owner and provided to the 

government under an assurance of 

privacy, the information is ‘confidential’ 

within the meaning of Exemption 

4.’’ 133The Court identified two 

conditions ‘‘that might be required for 

information communicated to another to 

be considered confidential.’’ 134 Under 

the first condition, ‘‘information 

communicated to another remains 

confidential whenever it is customarily 

kept private, or at least closely held, by 

the person imparting it.’’ 135 The second 

condition provides that ‘‘information 

might be considered confidential only if 

the party receiving it provides some 

assurance that it will remain secret.’’ 136

The Court found the first condition 

necessary for information to be 

considered confidential within the 

meaning of Exemption 4, but did not 

address whether the second condition 

must also be met. 

Following the issuance of the Court’s 

opinion in Argus Leader, the U.S. 

Department of Justice (DOJ) issued 

guidance concerning the confidentiality 

prong of Exemption 4, articulating ‘‘the 

newly defined contours of Exemption 

4’’ post-Argus Leader.137 Where the 


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Office of Information Policy, U.S. DOJ, (October 4, 

2019), available at https://www.justice.gov/oip/ 

exemption-4-after-supreme-courts-ruling-foodmarketing-institute-v-argus-leader-media. 

138See id.; see also ‘‘Step-by-Step Guide for 

Determining if Commercial or Financial 

Information Obtained from a Person is Confidential 

under Exemption 4 of the FOIA,’’ Office of 

Information Policy, U.S. DOJ, (updated October 7, 

2019), available at https://www.justice.gov/oip/stepstep-guide-determining-if-commercial-or-financialinformation-obtained-person-confidential. 

139CAA section 114(c); 42 U.S.C. 7414(c). 

140 5 U.S.C. 552. 

141 40 CFR 2.301(a)(2)(i). 

142The Agency is not reopening, taking comment 

on, or proposing to modify this definition. 

Government provides an express or 

implied indication to the submitter 

prior to or at the time the information 

is submitted to the Government that the 

Government would publicly disclose 

the information, then the submitter 

generally cannot reasonably expect 

confidentiality of the information upon 

submission, and the information is not 

entitled to confidential treatment under 

Exemption 4.138 In this proposed rule, 

EPA intends to clearly assert that certain 

information will not be kept 

confidential and will be disclosed 

publicly, if it is determined to not be 

entitled to confidential treatment in the 

final version of this rule. This assertion 

aligns with the Supreme Court’s 

decision, and the subsequent DOJ 

guidance that the government’s 

assurances that a submission will be 

treated as not confidential should 

dictate the expectations of submitters. If 

EPA were to finalize these 

determinations, submitters would be on 

notice before they submit any 

information that EPA has determined 

that the identified data elements 

outlined in the tables below, as well as 

in the memorandum provided in the 

docket for this action titled Proposed 

Confidentiality Determinations and 

Emission Data Designations for Data 

Elements in the Proposed Rule, will not 

be entitled to confidential treatment 

upon submission and may be released 

by the Agency without further notice. 

As a result, submitters will not have a 

reasonable expectation that the 

information will be treated as 

confidential; rather, they should have 

the expectation that the information will 

be disclosed. 

As described further below, EPA is 

proposing to make categorical 

confidentiality determinations as some 

of the proposed data elements that 

would be submitted to EPA contain 

information that is not entitled to 

confidential treatment because either: it 

is not the type of information that 

submitters customarily keep private or 

closely held; it is already publicly 

available; or it is discernible 

information that is self-evident or 

readily observable through reverse 

engineering by a third party. 

2. Emissions Data Under Section 114 of

the Clean Air Act

The AIM act provides that, ‘‘[s]ections 

113, 114, 304, and 307 of the Clean Air 

Act (42 U.S.C. 7413, 7414, 7604, 7607) 

shall apply to this section and any rule, 

rulemaking, or regulation promulgated 

by the Administrator pursuant to this 

section as though this section were 

expressly included in title VI of that Act 

(42 U.S.C. 7671 et seq.).’’ The CAA 

states that ‘‘[a]ny records, reports or 

information obtained under [section 

114] shall be available to the

public. . . .’’ 139 Thus, the CAA begins

with a presumption that the information

submitted to EPA will be available to be

disclosed to the public. It then provides

a narrow exception to that presumption

for information that ‘‘would divulge

methods or processes entitled to

protection as trade secrets. . . .’’ The

CAA then narrows this exception

further by excluding ‘‘emission data’’

from the category of information eligible

for confidential treatment. While the

CAA does not define ‘‘emission data,’’

EPA has done so by regulation at 40

CFR 2.301(a)(2)(i). EPA releases, on

occasion, some of the information

submitted under CAA section 114 to

parties outside of the Agency of its own

volition, through responses to requests

submitted under the FOIA,140 or

through civil litigation. As noted in the

prior section, generally, when we have

information that we intend to disclose

publicly that is covered by a claim of

confidentiality under FOIA Exemption

4, EPA has a process to make case-bycase or class determinations under 40

CFR part 2. This process includes an

evaluation of whether such information

is or is not emission data, and whether

it otherwise qualifies for confidential

treatment under FOIA Exemption 4.141

The regulations at 40 CFR 2.301 142

define emission data to include the 

following: 

(A) Information necessary to

determine the identity, amount, 

frequency, concentration, or other 

characteristics (to the extent related to 

air quality) of any emission which has 

been emitted by the source (or of any 

pollutant resulting from any emission 

by the source), or any combination of 

the foregoing; 

(B) Information necessary to

determine the identity, amount, 

frequency, concentration, or other 

characteristics (to the extent related to 

air quality) of the emissions which, 

under an applicable standard or 

limitation, the source was authorized to 

emit (including, to the extent necessary 

for such purposes, a description of the 

manner or rate of operation of the 

source); and 

(C) A general description of the

location and/or nature of the source to 

the extent necessary to identify the 

source and to distinguish it from other 

sources (including, to the extent 

necessary for such purposes, a 

description of the device, installation, or 

operation constituting the source). 

In this proposal, we are applying the 

regulatory definition of ‘‘emission data’’ 

in 40 CFR 2.301(a)(2)(i) to propose that 

certain categories of source certification 

and compliance information are not 

entitled to confidential treatment 

because they qualify as emissions data. 

If EPA finalizes these determinations, 

that information would be subject to 

disclosure to the public without further 

notice. As relevant to this proposal, a 

‘‘source’’ for purposes of the definition 

in 40 CFR 2.301 is generally the 

equipment covered by a proposed 

regulatory requirement, such as a 

refrigerant-containing appliance or fire 

suppression equipment. EPA’s broad 

general definitions of emissions data 

also exclude certain information related 

to products still in the research and 

development phase or products not yet 

on the market except for limited 

purposes. Thus, for example, 40 CFR 

2.301(a)(2)(ii) excludes information 

related to ‘‘any product, method, device, 

or installation (or any component 

thereof) designed and intended to be 

marketed or used commercially but not 

yet so marketed or used.’’ This specific 

exclusion from the definition of 

emissions data is limited in time. EPA 

does not believe data related to this 

exclusion are implicated in this 

proposed rulemaking because these data 

relate to equipment currently in use and 

HFCs moving through commerce. 

B. Data Elements Reported to EPA

Under the Leak Repair Provisions

Consistent with EPA’s commitment to 

transparency in program 

implementation, EPA has reviewed the 

data elements in the chronically leaking 

appliance report and the other ad hoc 

reports proposed under the leak repair 

requirements to see if information under 

the umbrella of those data elements 

could be considered entitled to 

confidential treatment. EPA is 

proposing to treat certain data elements 

under the leak repair provisions as not 

entitled to confidential treatment. 

Tables 2 and 3 outline individual data 

elements that will not be handled as 

confidential, emission data, or 


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otherwise not entitled to confidential 

treatment. Additional information on 

these proposed determinations is 

provided in the memorandum titled 

Proposed Confidentiality 

Determinations and Emission Data 

Designations for Data Elements in the 

Proposed Rule, which is available in the 

docket for this action. There may be 

additional reasons not to release 

individual data elements determined to 

not be entitled confidential treatment, 

for example if it is personally 

identifiable information (PII). The 

Agency will separately determine 

whether any data should be withheld 

from release for reasons other than 

business confidentiality before data is 

released. EPA requests comment on the 

following proposed confidentiality 

determinations. 

BILLING CODE 6560–50–P 


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Table 2. Proposed Determination of Confidentiality Status for Data Elements Related to 

Reports on Chronically Leaking Appliances 

Description of data element Confidentiality status and 

Rationale• 

Identification Information ( owner name, facility name, facility No confidential 

address where appliance is located) treatment/Emissions Data 

Appliance ID or Description (for facilities with multiple No confidential 

appliances) treatment/Emissions Data 

Appliance type ( comfort cooling, IPR, or commercial No confidential 

refrigeration) treatment/Emissions Data 

Refrigerant type No confidential 

treatment/Emissions Data 

Full charge of appliance (pounds) No confidential 

treatment/Emissions Data 

Annual percent refrigerant loss No confidential 

treatment/Emissions Data 

Dates of refrigerant addition No confidential 

treatment/Emissions Data 

Amounts of refrigerant added No confidential 

treatment/Emissions Data 

Date of last successful follow-up verification test No confidential 

treatment/Emissions Data 

Explanation of cause ofrefrigerant losses (Narrative) No confidential 

treatment/Emissions Data 

Description of the repair actions taken (Narrative) No confidential 

treatment/Emissions Data 

Whether a retrofit or retirement plan been developed for the No confidential appliance, and, if so, the anticipated date of retrofit or treatment/Emissions Data retirement 

• EPA provides rationale of the confidentiality determination in the memorandum titled Proposed Confidentiality 

Determinations and Emission Data Designations for Data Elements in the Proposed Rule, which is available in 

the docket IBP A-HO-OAR-2022-0606) of this proposed mlemaking at httvs:l/www.re,zulations.,zov. 
Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 72281 

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Table 3. Proposed Determination of Confidentiality Status for Data Elements Related to 

Other Leak Repair Notifications and Extension Requests 

Description of data element Confidentiality status 

and Rationalea 

Extension oftime to complete repairs: Identification and address of 

the facility; the name of the owner or operator of the appliance; the 

leak rate; the method used to determine the leak rate and full charge; 

the date the appliance exceeded the applicable leak rate; the location 

of I eak( s) to the extent determined to date; any repair work that has 

been performed thus far, including the date that work was No confidential 

completed; the reasons why more than 30 days ( or 120 days if an treatment/Emissions 

industrial process shutdown is required) are needed to complete the Data 

repair; and an estimate of when the work will be completed. If the 

estimated completion date is to be extended, a new estimated date of 

completion and documentation of the reason for that change must be 

submitted to EPA within 30 days of identifying that the completion 

date must be extended. 

Relief from the obligation to retrofit or retire an appliance: The date 

that the requirement to develop a retrofit or retirement plan was 

triggered; the leak rate; the method used to determine the leak rate 

and full charge; the location of the leak(s) identified in the leak 

inspection; a description of repair work that has been completed; a No confidential 

description of repair work that has not been completed; a treatment/Emissions 

description of why the repair was not conducted within the Data 

applicable time frame; and a statement signed by an authorized 

official that all identified leaks will be repaired and an estimate of 

when those repairs will be completed (not to exceed one year from 

date of the plan). 

Extension of time to complete the retrofit or retirement of an 

appliance: Identification of the appliance; name of the owner or 

operator; the leak rate; the method used to determine the leak rate 

and full charge; the date the appliance exceeded the applicable leak No confidential rate; the location of leaks(s) to the extent determined to date; any treatment/Emissions repair work that has been finished thus far, including the date that Data work was finished; a plan to finish the retrofit or retirement of the 

appliance; the reasons why more than one year is necessary to 

retrofit or retire the appliance; the date of notification to EPA; and 

an estimate of when retrofit or retirement work will be finished. 

Notification of exclusion of purged refrigerants that are destroyed 

from annual leak rate calculations: The identification of the facility 

and a contact person, including the address and telephone number; 

A description of the appliance, focusing on aspects relevant to the No confidential purging of refrigerant and subsequent destruction; A description of treatment/Emissions the methods used to determine the quantity of refrigerant sent for Data destruction and type of records that are being kept by the owners or 

operators where the appliance is located; The frequency of 

monitoring and data-recording; and A description of the control 

device and its destruction efficiencv. 

a EPA provides rationale of the confidentiality determination in the memorandum titled 

Proposed Cmifidentiality Determinations and Emission Data Designations for Data Elements 

in the Proposed Rule, which is available in the docket (EPA-HQ-OAR-2022-0606) of this 

proposed rulemaking at httvs:l!www.rezulations.zov. 
72282 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

143As noted elsewhere in this proposal, petitions 

for judicial review challenging aspects of the 

Allocation Framework Rule were filed in the D.C. 

Circuit. The court rejected all of those challenges 

except for the challenges to the QR code and 

refillable-cylinder regulations, which were vacated. 

Heating, Air Conditioning & Refrigeration 

Distributors Int’l v. EPA, 71 F.4th 59 (D.C. Cir. 

2023). Although that vacatur may affect some of the 

underlying requirements that lead to the categorical 

determinations in the Allocation Framework Rule, 

the categorical determinations themselves were not 

challenged, and the court’s opinion does not 

address them. Thus, the court opinion does not 

affect the validity of the grounds for the categorical 

determinations in the Allocation Framework Rule. 

EPA is proposing to find that the 

information contained within these data 

elements would categorically not be 

eligible for confidential treatment 

because they are either readily apparent 

or easily ascertainable by an outsider 

(e.g., owner name, facility name, facility 

address where appliance is located, 

appliance ID or description, and 

appliance type (comfort cooling, IPR, or 

commercial refrigeration)) or they are 

considered emissions data under 40 

CFR 2.301 (e.g., refrigerant type, full 

charge of appliance, annual percent 

refrigerant loss, dates of refrigerant 

addition, amounts of refrigerant added, 

date of last successful follow-up 

verification test, explanation of cause of 

refrigerant losses, repair actions taken, 

and whether a retrofit or retirement plan 

been developed for the appliance, and, 

if so, the anticipated date of retrofit or 

retirement), or they fit into both 

categories. Similarly, the items included 

in a request for an extension for leak 

repair, request for relief from the 

obligation to retrofit or retire an 

appliance, request for an extension of 

time to complete the retrofit or 

retirement of an appliance, and a 

notification of exclusion of purged 

refrigerants that are destroyed from 

annual leak rate calculations are 

likewise not eligible for confidential 

treatment because this information is 

readily ascertainable/observable by an 

outside entity, or are considered 

emissions data under 40 CFR 2.301, or 

both. EPA notes that in these provisions, 

the source of the emissions would be 

the regulated equipment, and in the case 

of all of these notifications these data 

are necessary to determine the identity, 

amount, frequency, concentration, or 

other characteristics (to the extent 

related to air quality) of any emission 

which has been emitted by the source 

and/or information necessary to 

determine the identity, amount, 

frequency, concentration, or other 

characteristics (to the extent related to 

air quality) of the emissions which, 

under the proposed leak repair 

provisions, the source was authorized to 

emit; and a general description of the 

location and/or nature of the source to 

the extent necessary to identify the 

source and to distinguish it from other 

sources (including, to the extent 

necessary for such purposes, a 

description of the device, installation, or 

operation constituting the source). 

C. Data Elements Related to the 

Generation of Machine-Readable 

Tracking Identifiers and the Tracking of 

HFCs 

Building on EPA’s experience 

implementing similar requirements 

under the AIM Act, EPA is proposing to 

maximize program transparency. Market 

transparency would facilitate program 

implementation and increase the public 

and current market participants’ ability 

to provide complementary compliance 

assurances and engagement. 

Maximizing transparency incentivizes 

compliance and promotes 

accountability and allows the public 

and competing companies to identify 

and report noncompliance to EPA. 

As previously noted, EPA is 

proposing to establish a tracking system 

using machine-readable tracking 

identifiers to track the movement of 

regulated substances that could be used 

in servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment through 

commerce, including requiring anyone 

that introduces into interstate commerce 

or sells a regulated substance that could 

be used in servicing, repair, or 

installation of equipment to be 

registered in the system. This program 

will allow buyers to able to know that 

they are purchasing regulated 

substances that meet the regulatory 

requirements and to help determine 

whether they consist of reclaimed 

material. 

This proposal involves the collection 

of certain data elements. Anyone who is 

filling a container or cylinder, whether 

for the first time or when transferring 

HFCs from one container to one or more 

smaller or larger containers, would be 

required to enter information in the 

tracking system and, in the case of a 

container being filled for the first time, 

generate a new machine-readable 

tracking identifier. Such information 

includes: the brand it would be sold 

under, the quantity and composition of 

HFC(s) in the container, the date it was 

packaged or repackaged, the quantity of 

containers it was packaged in, and the 

size of the containers. To help ensure 

regulated HFCs sold by reclaimers are 

legally reclaimed material and eligible 

for sale, EPA is proposing that 

reclaimers would need to log into the 

tracking system and, for each container 

of HFCs prior to selling regulated 

substances, provide information such as 

the date the HFC was reclaimed and by 

whom; what regulated substance(s) 

(and/or the blend containing regulated 

substances) is in the container; how 

many kilograms were put in the 

container and on what date the 

container was filled; whether the purity 

of the batch was confirmed to meet the 

specifications in appendix A to 40 CFR 

part 82, subpart F; on what date the 

batch was tested; and who certified it 

met the specifications. If a container is 

filled with reclaimed and virgin HFC(s), 

EPA proposes that the reclaimer would 

have to also provide information on 

how much virgin HFC was used. 

If EPA were to finalize a tracking 

system with machine-readable tracking 

identifiers, EPA is proposing to release 

several data elements associated with 

each container of HFCs to potential 

buyers of HFC material, to support this 

system, because it is not the type of 

information that is customarily closely 

held or kept private by companies. We 

further note that the EPA recently made 

categorial determinations that this same 

type of information would not be 

eligible for confidential treatment in the 

Allocation Framework Rule (86 FR 

55116, 55186, October 5, 2021).143

Accordingly, submitters of this data 

have no reasonable expectation that 

these data elements are entitled to 

confidential treatment, and the Agency 

is therefore not required to treat this 

information as confidential when it is 

received and maintained in Agency 

records. 

To allow buyers of HFCs to determine 

whether the HFC they are purchasing 

complies with regulatory requirements, 

EPA proposes to release the following 

information: (1) Whether the HFC being 

sold is legal to purchase based on 

information available to EPA; (2) when 

the container was filled; (3) the specific 

HFCs in the container; and (4) and the 

brand name the HFCs are being sold 

under. EPA will also release a list of 

registered suppliers so purchasers know 

where they can buy HFCs that conform 

to regulatory requirements. As noted 

above, EPA determined in the 

Allocation Framework Rule that these 

data elements would not be eligible for 

confidential treatment, and accordingly, 

there would be no reasonable 

expectation of confidentiality when this 

information is submitted in this context. 

A more granular description of these 

data elements, together with their 

proposed confidentiality status, is 

presented in Table 4. There may be 

additional reasons not to release 

individual data elements determined to 

not be entitled to confidential treatment, 

for example if it is PII. The Agency will 


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separately determine whether any data 

should be withheld from release for 

reasons other than business 

confidentiality before data is released. 

EPA has also provided in the docket for 

this action a memorandum that provides 

additional information on the proposed 

determinations, including listing each 

individual data element required to be 

reported under this proposed regulation 

and the proposed determination 

whether each element is entitled to 

confidential treatment or not. The 

Agency will separately determine 

whether any data should be withheld 

from release for reasons other than 

business confidentiality before data 

release. Certification-specific data 

would accompany each kilogram of HFC 

moving through commerce (as tracked 

with a machine-readable tracking 

identifier). EPA requests comment on 

these proposed determinations. 

Based on the information available at 

this time of this proposal, EPA is 

proposing to determine that the entry 

number and entry line number 

associated with the import (if imported) 

would be entitled to confidential 

treatment because it is EPA’s 

understanding that these numbers could 

be used to identify the import broker, 

and thus have the potential to reveal 

confidential business relationships (i.e., 

the relationship between the importer 

and the import broker). EPA requests 

comment on this determination, 

including comments on why this 

information may not be entitled to 

confidential treatment. Specifically, 

EPA requests comment on whether 

these numbers could be used to identify 

import brokers that would not otherwise 

be identifiable via publicly available 

information. EPA also requests 

comment on whether the existence of a 

business relationship between an import 

broker and an importer is information 

that is customarily closely held. 

Based on the information available at 

this time of this proposal, EPA is 

proposing to determine that the entity/ 

company that fills a container is eligible 

for confidential treatment. EPA’s 

understanding is that these data are 

customarily and actually considered to 

be confidential and closely held by 

companies. In EPA’s experience, these 

data could implicate confidential 

business relationships (i.e., one supplier 

filling for several brands) and that the 

revelation of these business 

relationships could implicate the 

submitter’s business or competitive 

position. EPA requests comment from 

all stakeholders on this determination, 

including comments on why this 

information may not be entitled to 

confidential treatment. EPA may, based 

on public comment, revise this 

determination. 

Based on the information available at 

this time of the proposal, EPA is 

proposing to determine that the chain of 

custody of the HFCs, beyond the two 

parties currently involved in any 

specific transaction, is eligible for 

confidential treatment. EPA’s 

understanding is that these data 

elements are customarily and actually 

considered to be confidential and 

closely held by companies. In EPA’s 

experience, business submitters actually 

and customarily treat their company 

customer lists and supply chains as 

confidential because public release of 

this information would cause harm to 

the submitter’s business or competitive 

position. For instance, releasing a 

submitter’s customer list would allow 

competitors access to the submitter’s 

valuable and otherwise private business 

asset, which could cause the company 

to lose their market advantage. EPA 

requests comment from all stakeholders 

on this determination, including 

comments on why this information may 

not be entitled to confidential treatment. 

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Table 4. Proposed Determination of Confidentiality Status for Data Elements Related to 

HFC Tracking 

Description of data element Confidentiality status and 

Rationale• 

Trackin2 system re2istration data elements 

Name and address of the company, contact No confidential treatment 

information for the owner of the company, the date(s) 

of and State(s) in which the company is incorporated 

and State license identifier(s), and the address of each 

facility that sells or distributes or offers for sale or 

distribution HFCs 

How the company introduces HFCs into U.S. No confidential treatment 

commerce 

Trackin2 system data elements 

Whether the HFC being sold complies with regulatory No confidential treatment requirements based on information available to EPA 

Date the container was filled No confidential treatment 

The specific HFCs in the container No confidential treatment 

The brand name the HFCs are being sold under No confidential treatment 

List of suppliers registered with the system No confidential treatment 

Date of import (if imported) No confidential treatment 

The entry number and entry line number associated Confidential treatment with the import (if imported) 

Unique serial number associated with the container No confidential treatment 

Quantity of each HFC in the container No confidential treatment 

Name, address, contact person, email address, and 

phone number of the responsible party at the facility No confidential treatment where the container ofregulated substance(s) was 

filled 

Certification that the contents of the cylinder match No confidential treatment the substance(s) identified on the label. 

The entity/company that filled the container Confidential treatment 

Quantity of containers the HFC was packaged in (if No confidential treatment part of a batch fill) 

The size of the container No confidential treatment 

Date the HF Cs were reclaimed (if reclaimed) No confidential treatment 

Certification that the purity of the batch was 

confirmed to meet the specifications in appendix A to No confidential treatment 

40 CFR part 82 subpart F. (ifreclaimed) 

The amount of the HFCs in the container that are No confidential treatment virgin HF Cs reclaimed HFCs or recycled HFCs 

Certification that reclaimed HFCs in a container meet 

the requirements under § 84 .112( d) of the proposed No confidential treatment 

regulatory text 

The current owner of the container ofHFCs No confidential treatment 

The chain of custody of the HFCs, beyond the two 

parties currently involved in any specific transaction, Confidential treatment including an indication if the person receiving the 

HFCs is an intennediate supplier or a final customer 

Date that a cylinder ( disposable or refillable) that No confidential treatment 
Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 72285 

BILLING CODE 6560–50–C 

D. Data Elements Related to Fire 

Suppression 

As described in section IV.E. of this 

document, EPA is proposing certain 

reporting requirements related to the 

use of regulated substances in the fire 

suppression sector. These reporting 

requirements allow for the monitoring 

of program implementation and of 

compliance with the proposed 

requirements. 

EPA is proposing to require that 

certain entities in the fire suppression 

sector provide data to the EPA that is 

similar to the data they already 

voluntarily collect and report to HEEP 

as mentioned in section IV.E.4.b. 

Relevant reporting entities covered 

under this proposed requirement 

include entities that perform first fill of 

equipment, service (e.g., recharge) 

equipment and/or recycle regulated 

substances, such as equipment 

manufacturers, distributors, agent 

suppliers or installers that recycle 

regulated substances. EPA is proposing 

that the covered entities report 

annually: (1) the quantity of each 

regulated substance held in inventory 

onsite broken out by recovered, 

recycled, and virgin; (2) the quantity of 

material (the combined mass of 

regulated substance and contaminants) 

by regulated substance sold and/or 

recycled for the purpose of installation 

of new equipment and servicing (e.g., 

recharge) of fire suppression equipment; 

(3) the total mass of each regulated 

substance sold and/or recycled; and (4) 

the total mass of waste products sent for 

disposal, along with information about 

the disposal facility if waste is not 

processed by the reporting entity. Table 

5 presents a more granular description 

of these data elements, together with 

their proposed confidentiality status. 

There may be additional reasons not to 

release individual data elements 

determined to not be entitled 

confidential treatment, for example if it 

is PII. The Agency will separately 

determine whether any data should be 

withheld from release for reasons other 

than business confidentiality before data 

is released. 

EPA proposes to determine that these 

data are emissions data as described at 

40 CFR 2.301 because they provide a 

general description of the location and/ 

or nature of the source to the extent 

necessary to identify the source and to 

distinguish it from other sources. As a 

separate alternative basis, EPA proposes 

to determine that these data are not 

entitled to confidential treatment 

because they are not closely held as 

confidential by the submitter. EPA 

requests comment on these proposed 

determinations. Additional information 

on the rationale for these proposed 

determinations is provided in a 

memorandum, which is available in the 

docket for this action. 


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contains HFCs and that had been used in the servicing, 

repair, or installation of certain equipment was 

received 

The name, address, contact person, email address, and 

phone number of the person who sent a used cylinder No confidential treatment 

(disposable or refillable) 

Date that any remaining HFC heel or residue in a No confidential treatment cylinder ( disposable or refillable) had been removed 

Certification that all HFCs have been removed from a No confidential treatment cylinder ( disposable or refillable) 

The amount and name of the removed HF Cs from a 

used cylinder or the amount remaining in a refillable No confidential treatment 

cylinder before it is refilled 

a EPA provides rationale of the confidentiality determination in the memorandum titled 

Proposed Confidentiality Determinations and Emission Data Designations for Data Elements 

in the Proposed Rule, which is available in the docket (EPA-HQ-OAR-2022-0606) of this 

proposed rulemaking at httvs:/lwww.ref!l{lations.zov. 
72286 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

VI. What are the costs and benefits of 

this proposed action? 

A. Background 

EPA is providing information on the 

costs and benefits for the provisions 

related to managing regulated 

substances and their substitutes in this 

proposed rule. The analyses, presented 

in the Analysis of the Economic Impact 

and Benefits of the Proposed Rule draft 

TSD and the RIA addendum, are 

contained in the docket to this proposed 

rule and are intended to provide the 

public with information on the relevant 

costs and benefits of this action, if 

finalized as proposed, and to comply 

with executive orders. To the extent that 

EPA has considered these analyses in 

developing an aspect of this proposed 

rule, EPA has summarized those 

analyses and the relevant results in the 

Analysis of the Economic Impact and 

Benefits of the Proposed Rule draft TSD, 

which is available in the docket for this 

proposed rule. In the RIA addendum, 

EPA also included estimates of the 

social cost of HFCs in order to quantify 

climate benefits, for the purpose of 

providing useful information to the 

public and to comply with E.O. 12866. 

Although EPA is using the social costs 

of HFCs for purposes of that assessment, 

this proposed action does not rely on 

the estimates of these costs as a record 

basis for the agency action, and EPA 

would reach the proposed conclusions 

even in the absence of the social costs 

of HFCs. 

The climate benefits and compliance 

costs stemming from this proposed rule 

include those related to: (1) the 

proposed provisions on leak repair, leak 

detection, ALD systems, and 

recordkeeping and reporting related to 

leak-related provisions; (2) the proposed 

amendments to the RCRA hazardous 

waste regulations; (3) requiring the 

tracking and management of cylinders 

for HFCs; (4) requiring use of reclaimed 

HFCs in the initial charging and 

servicing of certain types of refrigerantcontaining equipment, along with 

certification that reclaimed refrigerant 

contains no more than 15 percent, by 

weight, virgin HFCs; and (5) minimizing 

emissions of HFCs from certain types of 

fire suppression equipment. 

As detailed in the RIA addendum, 

EPA finds that in some cases specific 

provisions of the proposed rule would 

result in compliance costs for industry, 

while in other cases they may result in 

cost savings. Provisions that result in a 

net cost savings may still be considered 

as part of the economic benefits 

attributable to this rule, under the 

assumption that these activities would 

not otherwise be undertaken at the same 

scale or rate of adoption in the absence 

of regulation. More discussion of these 

assumptions and supporting literature 

may be found in section 3.2.2 of the 

Allocation Framework Rule RIA. 

From the Agency’s analyses, EPA 

provides the costs and benefits 

associated with the management of 

regulated substances and their 

substitutes under the AIM Act as well 

those associated with the proposed 

amendments to the RCRA hazardous 

waste regulations. These analyses—as 

summarized below—highlight economic 

cost and benefits, including benefits 

from leak repair and emissions 

reductions. Given that the provisions 

EPA is proposing concern HFCs, which 

are subject to the overall phasedown of 

production and consumption under the 

AIM Act, EPA relied on its previous 

estimates of the impacts of already 

finalized AIM Act rules as a starting 

point for the assessment of costs and 

benefits of this rule. Specifically, the 

Allocation Framework Rule, 

‘‘Phasedown of Hydrofluorocarbons: 

Establishing the Allowance Allocation 

and Trading Program Under the 

American Innovation and 

Manufacturing Act’’ (86 FR 55116, 

October 5, 2021) and the 2024 

Allocation Rule, ‘‘Phasedown of 

Hydrofluorocarbons: Allowance 

Allocation Methodology for 2024 and 

Later Years’’ (88 FR 46836, July 20, 

2023) are assumed as a baseline for this 

proposed rule. In this way, EPA 

analyzed the potential incremental 

impacts of the proposed rule, attributing 

benefits only insofar as they are 

additional to those already assessed in 

the Allocation Framework Rule RIA and 

the 2024 Allocation Rule RIA 

addendum (collectively referred to as 

‘‘Allocation Rules’’ in this discussion). 

For example, a mitigation option in the 

MAC analysis for the Allocation Rules 

assumed a reduction in refrigerant leaks; 

all costs and benefits calculated for this 

proposed rule are for leak reductions 

over and above those assumed in the 

previous analysis. Because the proposed 

Technology Transitions Rule has not 


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Table 5. Proposed Determination of Confidentiality Status for Data Elements Related to 

Reports on Fire Suppression 

Description of data element Confidentiality 

status and 

Rationale• 

Identification Information ( owner name, facility name, facility address No confidential 

where appliance is located) treatment 

Quantity of material (the combined mass ofregulated substance and 

contaminants) by regulated substance sold, recovered, recycled, and virgin No confidential 

for the purpose of installation of new equipment and servicing of fire treatment 

suppression equipment 

Total mass of each regulated substance sold, recovered, recycled, and virgin No confidential 

treatment 

Total mass of waste products sent for disposal, along with information about No confidential 

the disposal facility if waste is not processed by the reporting entity treatment 

• EPA provides rationale of the confidentiality determination in the memorandum titled Proposed Confidentiality 

Determinations and Emission Data Designations for Data Elements in the Proposed Rule, which is available in 

the docket (EPA-HQ-OAR-2022-0606) of this proposed rulemaking at https:/lwww.re<2Ulations.£ov. 
Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 72287 

144Standards of Performance for New, 

Reconstructed, and Modified Sources and 

Emissions Guidelines for Existing Sources: Oil and 

Natural Gas Sector Climate Review (87 FR 74702, 

December 6, 2022). 

145EPA. 2023. EPA’s Vintaging Model 

representing the Allocation Framework Rule as 

modified by the 2024 Allocation Rule RIA 

Addendum. VM IO file_v4.4_02.04.16_2024 

Allocation Rule. 

been finalized as of the above analyses, 

those proposed restrictions are not 

considered part of the baseline for 

assessing the costs and benefits of this 

proposed rule. 

Climate benefits presented in the RIA 

Addendum are based on changes 

(increases or reductions) in HFC 

emissions compared to the Allocation 

Framework Rule compliance case (i.e., 

after consideration of the Allocation 

Framework Rule and proposed 2024 

Allocation Rule) and are calculated 

using four different global estimates of 

the social cost of HFCs (SC–HFCs): the 

model average at 2.5 percent, 3 percent, 

and 5 percent discount rates and the 

95th percentile at 3 percent discount 

rate. 

EPA estimates the climate benefits for 

this rule using a measure of the social 

cost of each HFC (collectively referred 

to as SC–HFCs) that is affected by the 

rule. The SC–HFCs is the monetary 

value of the net harm to society 

associated with a marginal increase in 

HFC emissions in a given year, or the 

benefit of avoiding that increase. In 

principle, the SC–HFCs include the 

value of all climate change impacts, 

including (but not limited to) changes in 

net agricultural productivity, human 

health effects, property damage from 

increased flood risk and natural 

disasters, disruption of energy systems, 

risk of conflict, environmental 

migration, and the value of ecosystem 

services. As with the estimates of the 

social cost of other GHGs, the SC–HFC 

estimates are found to increase over 

time within the models—i.e., the 

societal harm from one metric ton 

emitted in 2030 is higher than the harm 

caused by one metric ton emitted in 

2025—because future emissions 

produce larger incremental damages as 

physical and economic systems become 

more stressed in response to greater 

climatic change, and because gross 

domestic product (GDP) is growing over 

time and many damage categories are 

modeled as proportional to GDP. The 

SC–HFCs, therefore, reflects the societal 

value of reducing emissions of the gas 

in question by one metric ton. The SC– 

HFCs is the theoretically appropriate 

value to use in conducting benefit-cost 

analyses of policies that affect HFC 

emissions. See the RIA addendum for 

this rule and for the Allocation 

Framework Rule for a more detailed 

discussion of SC–HFCs and how they 

were derived. 

The gas-specific SC–HFC estimates 

used in this analysis were developed 

using methodologies that are consistent 

with the methodology underlying 

estimates of the social cost of other 

GHGs (carbon dioxide [SC–CO2], 

methane [SC–CH4], and nitrous oxide 

[SC–N2O]), collectively referred to as 

SC–GHG, presented in the Technical 

Support Document: Social Cost of 

Carbon, Methane, and Nitrous Oxide 

Interim Estimates under Executive 

Order 13990 published in February 

2021 by the Interagency Working Group 

on the Social Cost of Greenhouse Gases 

(IWG) (IWG 2021). As a member of the 

IWG involved in the development of the 

February 2021 SC–GHG TSD, EPA 

agrees that the TSD represents the most 

appropriate methodology for estimating 

the social cost of GHGs until revised 

estimates have been developed 

reflecting the latest, peer-reviewed 

science. Therefore, EPA views the SC– 

HFC estimates used in analysis to be 

appropriate for use in benefit-cost 

analysis until improved estimates of the 

social cost of other GHGs are developed. 

EPA has developed a draft updated 

SC–GHG methodology within a 

sensitivity analysis in the regulatory 

impact analysis of EPA’s November 

2022 supplemental proposal for oil and 

natural gas emissions standards that is 

currently undergoing external peer 

review and a public comment process. 

While that process continues EPA is 

continuously reviewing developments 

in the scientific literature on the SC– 

GHG, including more robust 

methodologies for estimating damages 

from emissions, and looking for 

opportunities to further improve SC– 

GHG estimation going forward. Most 

recently, EPA presented a draft set of 

updated SC–GHG estimates within a 

sensitivity analysis in the regulatory 

impact analysis of EPA’s December 2022 

supplemental proposal for oil and gas 

standards that that aims to incorporate 

recent advances in the climate science 

and economics literature.144

Specifically, the draft updated 

methodology incorporates new 

literature and research consistent with 

the National Academies near-term 

recommendations on socioeconomic 

and emissions inputs, climate modeling 

components, discounting approaches, 

and treatment of uncertainty, and an 

enhanced representation of how 

physical impacts of climate change 

translate to economic damages in the 

modeling framework based on the best 

and readily adaptable damage functions 

available in the peer reviewed literature. 

EPA solicited public comment on the 

sensitivity analysis and the 

accompanying draft technical report, 

which explains the methodology 

underlying the new set of estimates, in 

the docket for the proposed oil and 

natural gas rule. EPA is also conducting 

an external peer review of this technical 

report. More information about this 

process and public comment 

opportunities is available on EPA’s 

website. The agency is in the process of 

reviewing public comments on the 

updated estimates within the oil and 

natural gas rulemaking docket as well as 

the recommendations of the external 

peer reviewers. EPA remains committed 

to using the best available science in its 

analyses. Thus, if EPA’s updated SC– 

GHG methodology is finalized before 

this rule is finalized, EPA intends to 

present monetized climate benefits 

using the updated SC–GHG 

methodology in the final RIA. 

As discussed in the February 2021 

TSD, the IWG emphasized the 

importance and value of considering the 

benefits calculated using all four 

estimates (model average at 2.5, 3, and 

5 percent discount rates, and 95th 

percentile at 3 percent discount rate). In 

addition, the TSD explained that a 

consideration of climate benefits 

calculated using discount rates below 3 

percent, including 2 percent and lower, 

is also warranted when discounting 

intergenerational impacts. As a member 

of the IWG involved in the development 

of the February 2021 TSD, EPA agrees 

with this assessment for the purpose of 

estimating climate benefits from HFC 

reductions as well and will continue to 

follow developments in the literature 

pertaining to this issue. 

B. Estimated Costs and Benefits of Leak 

Repair and ALD Provisions 

As detailed in the RIA addendum, the 

number, charge sizes, leak rates, and 

other characteristics of potentially 

affected RACHP equipment were 

estimated using EPA’s Vintaging 

Model.145 The leak repair and ALD 

system provisions proposed are 

assumed to lead to leaking systems to be 

repaired earlier than they otherwise 

would have, leading to reduced 

emissions of HFCs. The reduction in 

HFC emissions results in climate 

benefits due to reduced climate forcing 

as calculated by multiplying avoided 

emissions by the social cost of each SC– 

HFC. 

In the years 2025–2050, the proposed 

leak repair and ALD system provisions 

would prevent an estimated 78 

MMTCO2e in HFC emissions, and the 


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present value of the economic benefit of 

avoiding the damages associated with 

those emissions is estimated at $5.4 

billion (in 2022 dollars, discounted to 

2024 using a 3 percent discount rate). 

The annual benefits are estimated to 

decrease over time due to the HFC 

phasedown and the transition out of the 

higher-GWP HFCs over time, lowering 

the average GWP of later emissions. For 

example, it is estimated that the leak 

repair and ALD system provisions 

would prevent 3.8 MMTCO2e of HFC 

emissions in 2030, which decreases to 

2.8 MMTCO2e of HFC emissions in 

2040. Table 6 shows the estimated 

reductions in HFC emissions for each 

year from 2025 to 2050 for leak repair 

and ALD provisions in the proposed 

rule. 

BILLING CODE 6560–50–P 


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Reducing HFC emissions due to fixing 

leaks earlier would also be anticipated 

to lead to savings for system owner/ 

operators, as less new refrigerant would 

need to be purchased to replace leaked 

refrigerant. In 2025, it is estimated that 

the proposed leak repair and ALD 

system provisions would lead to savings 

of approximately $13 million (2022$). 


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Table 6. Annual GHG Emissions Avoided in 2025 through 2050 from Leak Repair and 

ALD System Provisions 

¥ear I HF€ Emissions Avoided 

(JVITCO2e) 

2025 3,800,000 

2026 3,810,000 

2027 3,820,000 

2028 3,820,000 

2029 3,810,000 

2030 3,790,000 

2031 3,780,000 

2032 3,750,000 

2033 3,720,000 

2034 3,640,000 

2035 3,510,000 

2036 3,370,000 

2037 3,230,000 

2038 3,080,000 

2039 2,930,000 

2040 2,780,000 

2041 2,630,000 

2042 2,480,000 

2043 2,330,000 

2044 2,180,000 

2045 2,060,000 

2046 1,970,000 

2047 1,900,000 

2048 1,860,000 

2049 1,850,000 

2050 1,860,000 
72290 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

Unlike the climate benefits, these 

savings would not be expected to 

decrease over time, as the cost of 

refrigerant would not decrease with the 

average GWP. 

The compliance costs of the proposed 

leak repair and inspection requirements 

include the costs of purchasing and 

operating ALD systems, costs of 

required inspections, and the cost of 

repairing leaks earlier than would have 

been necessary without the proposed 

provisions. In the years 2025–2050, 

these proposed provisions would result 

in compliance costs with a present 

value estimated at $3.6 billion (2022 

dollars, discounted to 2024 at a 3 

percent discount rate). When combined 

with the refrigerant savings, the 

estimated present value of 2025–2050 

net compliance costs would be $3.4 

billion. Table 7 shows the estimated 

compliance costs, including refrigerant 

savings, for each year 2025–2050, as 

well as the total net costs discounted to 

2024 and the equivalent annual costs 

using discount rates of 3 percent and 7 

percent. 


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Table 7. Incremental Annual Compliance Costs from Leak Repair and ALD System 

Provisions (2022$) 

I 

Total Incremental 

I 

I 

Total Incremental Compliance 

Year Compliance Costs Refrigerant Savings Costs l\linus Refrigerant 

Savin~s 

2025 $278,400,000 $13,100,000 $265,300,000 

2026 $219,100,000 $13,400,000 $205,700,000 

2027 $229,900,000 $13,600,000 $216,300,000 

2028 $242,700,000 $13,700,000 $229,000,000 

2029 $250,000,000 $13,900,000 $236,100,000 

2030 $190,600,000 $13,900,000 $176,700,000 

2031 $191,900,000 $14,000,000 $177,900,000 

2032 $192,700,000 $14,000,000 $178,700,000 

2033 $193,600,000 $14,000,000 $179,600,000 

2034 $194,300,000 $13,900,000 $180,400,000 

2035 $194,500,000 $13,700,000 $180,800,000 

2036 $194,600,000 $13,400,000 $181,200,000 

2037 $195,200,000 $13,100,000 $182,100,000 

2038 $195,700,000 $12,800,000 $182,900,000 

2039 $196,100,000 $12,500,000 $183,600,000 

2040 $196,500,000 $12,200,000 $184,300,000 

2041 $196,800,000 $11,900,000 $184,900,000 

2042 $197,100,000 $11,600,000 $185,500,000 

2043 $197,300,000 $11,200,000 $186,100,000 

2044 $197,500,000 $10,900,000 $186,600,000 

2045 $197,800,000 $10,600,000 $187,200,000 

2046 $198,400,000 $10,300,000 $188,100,000 

2047 $199,200,000 $10,200,000 $189,000,000 

2048 $200,300,000 $10,100,000 $190,200,000 

2049 $201,600,000 $10,100,000 $191,500,000 

2050 $203,300,000 $10,200,000 $193,100,000 

Discount Rate 3% 7% 

NPV $3,395,000,000 $2,203,000,000 

EAV $196,000,000 $199,000,000 
72292 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

C. Summary of Estimated Costs and 

Benefits of All Rule Provisions 

As discussed above, the HFC 

Allocation Framework Rule serves as 

the status quo from which incremental 

impacts of the proposed rule are 

evaluated. EPA assumes that under the 

HFC allowance trading mechanism 

promulgated under the Allocation 

Framework Rule, one possible result of 

some of the proposed provisions in this 

rule is that industry will maximize the 

use of allowances still available to meet 

remaining demand for HFC production 

and consumption in a given year. 

Therefore, provisions in this rule 

requiring the use of reclaimed HFCs for 

refrigerant-containing equipment in 

certain RACHP subsectors and recycled 

HFCs in fire suppression equipment 

may not yield significant additional 

HFC consumption reductions, relative 

to what was previously modeled in the 

Allocation Framework Rule Reference 

Case. For example, if additional 

reclaimed HFCs are utilized in the 

commercial refrigeration subsector, 

industry may still shift the use of 

available consumption and production 

allowances to import or produce HFCs 

to meet demand for other subsectors 

that are not covered by a reclaim 

requirement. However, the extent of 

such offsetting effects is uncertain. 

To account for this uncertainty, this 

analysis provides two scenarios to 

illustrate the range of potential 

incremental impacts. In our base case 

scenario, we conservatively estimate 

that abatement from provisions in this 

rule may be offset by additional HFC 

consumption in subsectors not covered 

by this rule, even if these subsectors 

were previously assumed to have 

consumption abatement in the 

Allocation Rule Reference Case. To 

illustrate the potential upper bound 

incremental benefits of the proposed 

rule, we then provide a ‘‘high 

additionality’’ case, in which abatement 

in these additional subsectors is 

included. 

The present value of the net benefits 

of this proposed rule are equal to the 

sum of the net costs or benefits of the 

various provisions in each year 2025– 

2050, discounted to 2024. These 

estimates are provided by each rule 

provision in Table 8 below. The 

provisions which contribute to the total 

net benefits are those covering leak 

inspections, leak repair, recordkeeping 

and reporting, reduced emissions and 

use of recycled HFCs in the fire 

suppression sector, management and 

ultimate evacuation of disposable 

cylinders and tracking provisions for 

disposable and refillable cylinders, and 

the required use of reclaimed HFCs in 

the initial charging and service of 

certain appliances. 

The use of recycled/reclaimed HFCs 

was already anticipated as a path to 

compliance with the HFC phasedown 

consumption caps in the analysis of the 

Allocation Framework Rule, but the 

specific provisions of this proposed rule 

would likely increase the use of 

recycled/reclaimed HFCs beyond what 

was already accounted for in that RIA. 

To the extent this additional use of 

recycled/reclaimed HFCs displaces 

consumption of virgin HFCs either (a) 

the reduced consumption of virgin 

HFCs in one sector would free up 

allocation allowances that would then 

be used elsewhere for consumption of 

HFCs, or (b) the reduction in the 

consumption of virgin HFCs would 

result in incremental climate benefits 

under this proposed rule. The former 

scenario is presented as part of the base 

case and the latter as part of the high 

additionality case for the net benefits in 

in Table 8. 


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146EPA recognizes that E.O. 14096 (88 FR 25251, 

April 21, 2023) provides a new terminology and a 

new definition for environmental justice, as 

follows: ‘‘the just treatment and meaningful 

involvement of all people, regardless of income, 

race, color, national origin, Tribal affiliation, or 

disability, in agency decision-making and other 

Federal activities that affect human health and the 

environment so that people: (i) are fully protected 

from disproportionate and adverse human health 

and environmental effects (including risks) and 

hazards, including those related to climate change, 

the cumulative impacts of environmental and other 

burdens, and the legacy of racism or other structural 

or systemic barriers; and (ii) have equitable access 

to a healthy, sustainable, and resilient environment 

in which to live, play, work, learn, grow, worship, 

and engage in cultural and subsistence practices.’’ 

For additional information, see https://

www.federalregister.gov/documents/2023/04/26/ 

2023-08955/revitalizing-our-nations-commitmentto-environmental-justice-for-all. 147See, e.g., Environmental Protection Agency. 

‘‘Environmental Justice.’’ Available at: https://

www.epa.gov/environmentaljustice. 

BILLING CODE 6450–01–C 

VII. How is EPA considering 

environmental justice? 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) and Executive Order 

14008 (86 FR 7619, January 27, 2021) 

establish federal executive policy on 

environmental justice. Executive Order 

14096, signed April 21, 2023, builds on 

the prior Executive Orders to further 

advance environmental justice (88 FR 

25251). 

Executive Order 12898’s main 

provision directs federal agencies, to the 

greatest extent practicable and 

permitted by law, to make 

environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on people of 

color and low-income populations in 

the United States. EPA defines 146

environmental justice as the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.147 Meaningful 

involvement means that: (1) potentially 

affected populations have an 

appropriate opportunity to participate 

in decisions about a proposed activity 

that will affect their environment and/ 


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Table 8. Present V aloe and Equivalent Annual Value of Rule Provisions 2025--2050 in Base 

Case and High Additionality Scenarios a,b 

NPV $1,964 $3,156 $1,964 $3,156 

Leak Repair, Leak 

Inspection,& ALD 

EAV $113 $109 $113 $109 

NPV $0 $0 $337 $338 

Fire Suppression 

EAV $0 $0 $18 $18 

NPV $4,453 $4,457 $4,453 $4,457 

Cylinder Management 

EAV $257 $256 $257 $256 

NPV $0 $0 $251 $256 

Required Use of Reclaim 

EAV $0 $0 $14 $14 

Recordkeeping and NPV ($298) ($186) ($298) ($186) 

Reporting EAV ($17) ($17) ($17) ($17) 

NPV $6,120 $7,427 $6,708 $8,021 

TOTAL (AIM Act) 

EAV $353 $349 $385 $381 

NPV $0-$1.6 $0-$1.0 $0-$1.6 $0-$1.0 

RCRA Amendments 

EAV $0-$0.1 $0-$0.1 $0-$0.1 $0-$0.1 

TOTAL (AIM Act+ NPV $6, 120-$6, 122 $7,427-$7,428 $6,708-$6,710 $8,021-$8,022 

RCRA) EAV $353-$353 $349-$349 $385-$385 $381-$381 

a. Values representing costs are shown in parentheses. 

b. Totals may not sum due to independent rounding. 
72294 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

148The criteria for meaningful involvement are 

contained in EPA’s May 2015 document ‘‘Guidance 

on Considering Environmental Justice During the 

Development of an Action.’’ Environmental 

Protection Agency, 17 Feb. 2017. Available at: 

https://www.epa.gov/environmentaljustice/ 

guidance-considering-environmental-justice-duringdevelopment-action. 

149The definitions and criteria for 

‘‘disproportionate impacts,’’ ‘‘difference,’’ and 

‘‘differential’’ are contained in EPA’s June 2016 

document ‘‘Technical Guidance for Assessing 

Environmental Justice in Regulatory Analysis.’’ 

Available at: https://www.epa.gov/ 

environmentaljustice/technical-guidance-assessingenvironmental-justice-regulatory-analysis. 

150Presidential Memorandum on Modernizing 

Regulatory Review, January 20, 2021. Available at: 

https://www.whitehouse.gov/briefing-room/ 

presidential-actions/2021/01/20/modernizingregulatory-review/. 

151Technical Guidance for Assessing 

Environmental Justice in Regulatory Analysis, June 

2016. Available at: https://www.epa.gov/sites/ 

default/files/2016-06/documents/ejtg_5_6_16_

v5.1.pdf. 

152EPA recognizes that new terminology and a 

new definition for environmental justice were 

established in E.O. 14096 (88 FR 25251, April 21, 

2023). When the analysis of this proposed rule was 

performed, EPA was operating under prior guidance 

available here: https://www.epa.gov/sites/default/ 

files/2015-06/documents/considering-ej-inrulemaking-guide-final.pdf. 

153Statements made in this section on the 

environmental justice analysis draw support from 

the following citations: Banzhaf, Spencer, Lala Ma, 

and Christopher Timmins. 2019. Environmental 

justice: The economics of race, place, and pollution. 

Journal of Economic Perspectives; HernandezCortes, D. and Meng, K.C., 2020. Do environmental 

markets cause environmental injustice? Evidence 

from California’s carbon market (No. w27205). 

NBER; Hu, L., Montzka, S.A., Miller, B.R., Andrews, 

A.E., Miller, J.B., Lehman, S.J., Sweeney, C., Miller, 

S.M., Thoning, K., Siso, C. and Atlas, E.L., 2016. 

Continued emissions of carbon tetrachloride from 

the United States nearly two decades after its 

phaseout for dispersive uses. Proceedings of the 

National Academy of Sciences; Mansur, E. and 

Sheriff, G., 2021. On the measurement of 

environmental inequality: Ranking emissions 

distributions generated by different policy 

instruments.; U.S. EPA. 2011. Plan EJ 2014. 

Washington, DC: U.S. EPA, Office of Environmental 

Justice.; U.S. EPA. 2015. Guidance on Considering 

Environmental Justice During the Development of 

Regulatory Actions. May 2015.; USGCRP. 2016. The 

Impacts of Climate Change on Human Health in the 

United States: A Scientific Assessment. U.S. Global 

Change Research Program, Washington, DC. 

or health; (2) the public’s contribution 

can influence the regulatory Agency’s 

decision; (3) the concerns of all 

participants involved will be considered 

in the decision-making process; and (4) 

the rule-writers and decision-makers 

seek out and facilitate the involvement 

of those potentially affected.148 The 

term ‘‘disproportionate impacts’’ refers 

to differences in impacts or risks that 

are extensive enough that they may 

merit Agency action. In general, the 

determination of whether there is a 

disproportionate impact that may merit 

Agency action is ultimately a policy 

judgment which, while informed by 

analysis, is the responsibility of the 

decision-maker. The terms ‘‘difference’’ 

or ‘‘differential’’ indicate an analytically 

discernible distinction in impacts or 

risks across population groups. It is the 

role of the analyst to assess and present 

differences in anticipated impacts 

across population groups of concern for 

both the baseline and proposed 

regulatory options, using the best 

available information (both quantitative 

and qualitative) to inform the decisionmaker and the public.149

Executive Order 14008 calls on 

agencies to make achieving 

environmental justice part of their 

missions ‘‘by developing programs, 

policies, and activities to address the 

disproportionately high and adverse 

human health, environmental, climaterelated and other cumulative impacts on 

disadvantaged communities, as well as 

the accompanying economic challenges 

of such impacts.’’ Executive Order 

14008 further declares a policy ‘‘to 

secure environmental justice and spur 

economic opportunity for disadvantaged 

communities that have been historically 

marginalized and overburdened by 

pollution and under-investment in 

housing, transportation, water and 

wastewater infrastructure, and health 

care.’’ 

In addition, the Presidential 

Memorandum on Modernizing 

Regulatory Review calls for procedures 

to ‘‘take into account the distributional 

consequences of regulations, including 

as part of a quantitative or qualitative 

analysis of the costs and benefits of 

regulations, to ensure that regulatory 

initiatives appropriately benefit, and do 

not inappropriately burden 

disadvantaged, vulnerable, or 

marginalized communities.’’ 150 EPA 

also released its June 2016 ‘‘Technical 

Guidance for Assessing Environmental 

Justice in Regulatory Analysis’’ (2016 

Technical Guidance) to provide 

recommendations that encourage 

analysts to conduct the highest quality 

analysis feasible, recognizing that data 

limitations, time and resource 

constraints, and analytic challenges will 

vary by media and circumstance.151

For this action, EPA conducted an 

environmental justice analysis 152 using 

a methodology similar to that we used 

as part of the Allocation Framework 

Rule (86 FR 55116, October 5, 2021). 

The information provided in this 

section is for informational purposes 

only; EPA is not relying on the 

information in this section as a record 

basis for this proposed action. 

Following the analytical approach used 

in the Allocation Framework Rule RIA, 

EPA has provided demographic data 

and the cancer and respiratory risks to 

surrounding communities. This update 

includes the most recent data available 

for the AirToxScreen dataset from 2020. 

The analysis shows that communities 

near the nineteen identified HFC 

reclamation facilities are generally more 

diverse than the national average with 

respect to race and ethnicity. While the 

median income of these communities is 

slightly higher than the national 

average, there are more low-income 

households. Across the nineteen 

facilities, total respiratory risk and total 

cancer risk are lowest for the 

communities nearest the reclamation 

sites. While the total respiratory index 

for communities within one mile of 

these nineteen facilities are slightly 

higher (.32 compared to the national 

average of .31), the risk for those closest 

to the facilities appears smaller than for 

those at greater distances (3-, 5-, and 10- 

mile radii). 

This rule is expected to result in 

benefits in the form of reduced GHG 

emissions. The analysis conducted for 

this rule also estimates that a portion of 

these benefits would be incremental to 

emissions reductions that were 

anticipated under the Allocation 

Framework Rule alone, thus further 

reducing the risks of climate change. 

While providing additional overall 

climate benefits, this rule may also 

result in changes in emissions of air 

pollutants or other chemicals which are 

potential byproducts of HFC 

reclamation processes at affected 

facilities. The market for reclaimed 

HFCs could drive changes in potential 

risk for communities living near these 

facilities, but the changes in emissions 

that could have local effects are 

uncertain. However, the nature and 

location of the emission changes are 

uncertain. Moreover, there is 

insufficient information at this time 

about which facilities will change 

reclamation processes. Given limited 

information at this time, it is unclear to 

what extent this rule will impact 

existing disproportionate adverse effects 

on communities living near HFC 

reclamation facilities.153 The Agency 

will continue to evaluate the impacts of 

this proposed rulemaking on 

communities with environmental justice 

concerns and consider further action, as 

appropriate, to protect health in 

communities affected by HFC 

reclamation. While the environmental 

justice analysis was conducted for 

informational purposes only, EPA 

welcomes the public’s input on the 

environmental justice analysis 

contained in the RIA addendum for this 

proposed rule, as well as broader input 


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154TEAP 2022 Progress Report (May 2022) and 

2018 Quadrennial Assessment Report. Available 

online at: https://ozone.unep.org/science/ 

assessment/teap. 

155 Volume 3: Decision XXXIII/5—Continued 

provision of information on energy-efficient and 

low-global-warming-potential technologies, 

Technological and Economic Assessment Panel, 

United Nations Environment Programme (UNEP), 

May 2022. Available online at: https://

ozone.unep.org/system/files/documents/TEAPEETF-report-may-2022.pdf. 

on other health and environmental risks 

the Agency should assess. 

VIII. Request for Advance Comment on 

Approaches for Establishing 

Requirements for Technician Training 

For purposes of ensuring the safety of 

technicians and consumers, subsection 

(h)(1) directs EPA to promulgate 

regulations to control, where 

appropriate, any practice, process, or 

activity regarding the servicing, repair, 

disposal, or installation of equipment 

that involves: a regulated substance, a 

substitute for a regulated substance, the 

reclaiming of a regulated substance used 

as a refrigerant, or the reclaiming of a 

substitute for a regulated substance used 

as a refrigerant (42 U.S.C. 7675(h)(1)). 

Subsection (h)(1) further provides that 

this includes requiring, where 

appropriate, that any such servicing, 

repair, disposal, or installation be 

performed by a trained technician 

meeting minimum standards, as 

determined by EPA. 

As discussed above in section III.C., 

regulations issued under CAA section 

608 for managing stationary 

refrigeration and air conditioning 

appliances include, among other things, 

technician certification requirements 

(40 CFR 82.161). Additionally, 

regulations issued under CAA section 

609 currently requires that anyone 

servicing or repairing an MVAC system 

for consideration must be properly 

trained and certified (40 CFR 

82.34(a)(2)). However, since establishing 

these regulatory programs in the 1990s, 

the use of flammable or mildly 

flammable refrigerants have 

increased.154 155

EPA is aware that many innovative 

technologies are being introduced to 

continue to meet the air conditioning 

and refrigeration needs in the United 

States and around the world. Typically, 

newer equipment meets higher 

efficiency standards. For many 

applications, there has been and likely 

will continue to be an increased use of 

flammable and mildly flammable 

refrigerants. While these refrigerants can 

be safely used in equipment properly 

designed for their use, it is not advisable 

to use these refrigerants in equipment 

specifically designed for non-flammable 

refrigerants. Previously, when listing 

certain flammable refrigerants for 

specific end-uses as acceptable subject 

to use conditions under the SNAP 

program, EPA took advance comment 

on a requirement for training (85 FR 

35874, June 12, 2020). EPA is also aware 

that many entities, including equipment 

manufacturers, trade associations, 

unions, trade schools, and other 

organizations provide training for 

technicians and many offer specific 

training for refrigerants designated by 

ASHRAE as 2, 2L, and 3. 

EPA requests advance comment on 

whether the Agency should establish 

requirements for RACHP technician 

training and/or certification to address 

servicing equipment using ASHRAE 2, 

2L, and 3 refrigerants, and if so, 

potential approaches for doing so. EPA 

is particularly seeking advance 

comment on whether through a separate 

rulemaking, EPA should propose to 

establish training and/or certification 

requirements for technicians under 

subsection (h), and, if so, how such a 

training and/or certification program 

might be managed, and to what extent 

or for which types of HFCs and/or their 

substitutes such requirements should 

apply. EPA is also requesting advance 

comment on whether technicians who 

are currently trained and certified under 

CAA sections 608 (for servicing of 

stationary refrigeration appliances) and/ 

or CAA section 609 (for servicing of 

MVAC systems) should be required to 

be certified under subsection (h) of the 

AIM Act, and whether any future 

technician training requirements should 

also be incorporated into the proposed 

RCRA 40 CFR part 266, subpart Q 

requirements for ignitable spent 

refrigerants being recycled for reuse, or 

if the Agency should provide 

grandfathering for technicians certified 

by an approved CAA section 608 or 609 

certifier. EPA is not proposing and will 

not be finalizing a technician training 

and certifying program on which it is 

seeking advance comment as part of this 

rulemaking. Accordingly, EPA does not 

intend to respond to any advance 

information received on the options 

discussed in these sections in any final 

rulemaking for this proposal. However, 

EPA will consider those comments as 

part of a potential future notice and 

comment rulemaking to establish a 

training and/or certification program. 

IX. Statutory and Executive Order 

Review 

A. Executive Order 12866: Regulatory 

Planning and Review and Executive 

Order 14094: Modernizing Regulatory 

Review 

This action is a ‘‘significant regulatory 

action’’, as defined under section 3(f)(1) 

of Executive Order 12866, as amended 

by Executive Order 14094. Accordingly, 

EPA, submitted this action to the Office 

of Management and Budget (OMB) for 

Executive Order 12866 review. 

Documentation of any changes made in 

response to the Executive Order 12866 

review is available in the docket. EPA 

prepared an analysis of the potential 

costs and benefits associated with this 

action. This analysis, Draft Regulatory 

Impact Analysis Addendum: Analysis of 

the Economic Impact and Benefits of the 

Proposed Rule: American Innovation 

and Manufacturing (AIM) Act 

Subsection H Management of Regulated 

Substances, is available in the docket 

for this action (Docket Number EPA– 

HQ–OAR–2022–0606) and is 

summarized in section I.C. and section 

VI. of this preamble. 

B. Paperwork Reduction Act (PRA) 

The information collection activities 

in this proposed rule have been 

submitted for approval to the Office of 

Management and Budget (OMB) under 

the PRA. The Information Collection 

Request (ICR) document that EPA 

prepared has been assigned EPA ICR 

number 2778.01. You can find a copy of 

the ICR in the docket for this rule, and 

it is briefly summarized here. 

Subsection (k)(1)(C) of the AIM Act 

states that section 114 of the CAA 

applies to the AIM Act and rules 

promulgated under it as if the AIM Act 

were included in title VI of the CAA. 

Thus, section 114 of the Clean Air Act, 

which provides authority to EPA 

Administrator to require recordkeeping 

and reporting in carrying out provisions 

of the CAA, also applies to and supports 

this rulemaking. 

EPA is proposing certain data 

collection for registration in the tracking 

system for containers of HFC 

refrigerants as well as HFC fire 

suppression agents that could be used in 

the servicing, repair, and/or installation 

of refrigerant-containing or fire 

suppression equipment in order to 

encourage compliance and aid 

enforcement. Separately, EPA is 

proposing certain labeling requirements 

for containers of reclaimed HFCs. EPA 

is also proposing recordkeeping and 

reporting requirements for owners or 

operators of applicable refrigerantcontaining appliances that contain HFCs 


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or their substitutes to support 

compliance with the leak repair 

provisions, as well as recordkeeping and 

reporting requirements for the proposed 

fire suppression provisions for HFCs. 

Additionally, where ALD systems are 

required, EPA is proposing that owners 

or operators maintain records regarding 

the annual calibration or audit of the 

system. 

Respondents/affected entities: 

Respondents and affected entities will 

be individuals or companies that own, 

operate, service, repair, recycle, dispose, 

or install equipment containing HFCs or 

their substitutes addressed by this 

proposed rule, as well as individuals or 

companies that recover, recycle, or 

reclaim HFCs or their substitutes. 

Respondent’s obligation to respond: 

Mandatory (AIM Act and section 114 of 

the CAA). 

Estimated number of respondents: 

851,304. 

Frequency of response: Quarterly, 

annually, and as needed depending on 

the nature of the report. 

Total estimated burden: 223,432 

hours (per year). Burden is defined at 5 

CFR 1320.3(b). 

Total estimated cost: $15,966,834 (per 

year), includes annualized capital or 

operation and maintenance costs. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in 40 

CFR are listed in 40 CFR part 9. 

Submit your comments on the 

Agency’s need for this information, the 

accuracy of the provided burden 

estimates and any suggested methods 

for minimizing respondent burden to 

EPA using the docket identified at the 

beginning of this rule. EPA will respond 

to any ICR-related comments in the final 

rule. You may also send your ICRrelated comments to OMB’s Office of 

Information and Regulatory Affairs 

using the interface at https://

www.reginfo.gov/public/do/PRAMain. 

Find this particular information 

collection by selecting ‘‘Currently under 

Review—Open for Public Comments’’ or 

by using the search function. Since 

OMB is required to make a decision 

concerning the ICR between 30 and 60 

days after receipt, OMB must receive 

comments no later than November 20, 

2023. 

C. Regulatory Flexibility Act (RFA) 

I certify that this action will not have 

a significant economic impact on a 

substantial number of small entities 

(SISNOSE) under the RFA. The small 

entities subject to the requirements of 

this action include those that may use 

as refrigerant, use as a fire suppression 

agent, reclaim, or recycle HFCs. EPA 

estimates that approximately 896 of the 

176,042 potentially affected small 

entities could incur costs in excess of 

one percent of annual sales/revenue and 

that approximately 70 small entities 

could incur costs in excess of three 

percent of annual sales/revenue. 

Because there is not a substantial 

number of small entities that may 

experience a significant impact, it can 

be presumed that this action will have 

no SISNOSE. Details of this analysis are 

presented in Appendix H of ‘‘Analysis 

of the Economic Impact and Benefits of 

the Proposed Rule: American 

Innovation and Manufacturing (AIM) 

Act Subsection H Management of 

Regulated Substances.’’ (Docket ID 

EPA–HQ–OAR–2022–0606). 

D. Unfunded Mandates Reform Act 

(UMRA) 

This action contains a federal 

mandate under UMRA, 2 U.S.C. 1531– 

1538, that may result in expenditures of 

$100 million or more for state, local and 

Tribal governments, in the aggregate, or 

the private sector in any one year. 

Accordingly, EPA has prepared a 

written statement required under 

section 202 of UMRA. The statement is 

included in the docket for this action 

and briefly summarized here. This 

action contains a federal mandate that 

may result in expenditures that exceed 

the inflation-adjusted UMRA threshold 

of $100 million by the private sector in 

any one year, but it is not expected to 

result in expenditures of this magnitude 

by state, local, and Tribal governments 

in the aggregate. The rule is estimated 

to result in average annual cost to the 

private sector of $228 million for the 

period 2025 through 2050. When 

adjusted for inflation, the $100 million 

UMRA threshold established in 1995 is 

equivalent to approximately $184 

million in 2022 dollars, the year dollars 

for the cost estimates in this proposed 

rule. Thus, the cost of the rule to the 

private sector in the aggregate exceeds 

the inflation-adjusted UMRA threshold. 

This action is not subject to the 

requirements of section 203 of UMRA 

because it contains no regulatory 

requirements that might significantly or 

uniquely affect small governments. 

E. Executive Order 13132: Federalism 

This action does not have federalism 

implications. It will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

F. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

This action does not have Tribal 

implications as specified in Executive 

Order 13175. It will not have substantial 

direct effects on Tribal governments, on 

the relationship between the Federal 

government and Indian Tribes, or on the 

distribution of power and 

responsibilities between the Federal 

government and Indian Tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this action. EPA periodically 

updates Tribal officials on air 

regulations through the monthly 

meetings of the National Tribal Air 

Association and will share information 

on this rulemaking through this and 

other fora. 

G. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

Executive Order 13045 directs federal 

agencies to include an evaluation of the 

health and safety effects of the planned 

regulation on children in federal health 

and safety standards and explain why 

the regulation is preferable to 

potentially effective and reasonably 

feasible alternatives. This action is 

subject to Executive Order 13045 

because it is a significant regulatory 

action under section 3(f)(1) of Executive 

Order 12866, and EPA believes that the 

environmental health or safety risk 

addressed by this action has a 

disproportionate effect on children. 

Accordingly, we have evaluated the 

environmental health or safety effects of 

climate change on children. 

GHGs, including HFCs, contribute to 

climate change. The GHG emissions 

reductions resulting from 

implementation of this rule will further 

improve children’s health. The 

assessment literature cited in EPA’s 

2009 and 2016 Endangerment Findings 

concluded that certain populations and 

life stages, including children, the 

elderly, and the poor, are most 

vulnerable to climate-related health 

effects. The assessment literature since 

2016 strengthens these conclusions by 

providing more detailed findings 

regarding these groups’ vulnerabilities 

and the projected impacts they may 

experience. 

These assessments describe how 

children’s unique physiological and 

developmental factors contribute to 

making them particularly vulnerable to 

climate change. Impacts to children are 

expected from heat waves, air pollution, 


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infectious and waterborne illnesses, and 

mental health effects resulting from 

extreme weather events. In addition, 

children are among those especially 

susceptible to most allergic diseases, as 

well as health effects associated with 

heat waves, storms, and floods. 

Additional health concerns may arise in 

low-income households, especially 

those with children, if climate change 

reduces food availability and increases 

prices, leading to food insecurity within 

households. More detailed information 

on the impacts of climate change to 

human health and welfare is provided 

in section III.B. of this preamble. 

H. Executive Order 13211: Actions That 

Significantly Affect Energy Supply, 

Distribution, or Use 

This action is not a ‘‘significant 

energy action’’ because it is not likely to 

have a significant adverse effect on the 

supply, distribution, or use of energy. 

This action applies to certain regulated 

substances and certain applications 

containing regulated substances, none of 

which are used to supply or distribute 

energy. 

I. National Technology Transfer and 

Advancement Act (NTTAA) 

This rulemaking does not involve 

technical standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations and Executive 

Order 14096: Revitalizing Our Nation’s 

Commitment to Environmental Justice 

for All 

EPA believes that the human health or 

environmental conditions that exist 

prior to this action result in or have the 

potential to result in disproportionate 

and adverse human health or 

environmental effects on communities 

with environmental justice concerns. 

EPA carefully evaluated available 

information on HFC reclamation 

facilities and the characteristics of 

nearby communities to evaluate these 

impacts in the context of this proposed 

rulemaking. Based on this analysis, EPA 

finds evidence of environmental justice 

concerns near HFC reclamation facilities 

from cumulative exposure to existing 

environmental hazards in these 

communities. 

The analysis shows that communities 

near the nineteen identified HFC 

reclamation facilities are generally more 

diverse than the national average with 

respect to race and ethnicity. While the 

median income of these communities is 

slightly higher than the national 

average, there are more low-income 

households. Across the nineteen 

facilities, total respiratory risk and total 

cancer risk are lowest for the 

communities nearest the reclamation 

sites. While the cancer risk within 1- 

mile of the facilities is lower than the 

national average, the cancer and 

respiratory risks are otherwise slightly 

elevated compared to the average. 

This rule is expected to result in 

benefits in the form of reduced GHG 

emissions. The analysis conducted for 

this rule also estimates that a portion of 

these benefits would be incremental to 

emissions reductions that were 

anticipated under the Allocation 

Framework Rule alone, thus further 

reducing the risks of climate change. 

While providing additional overall 

climate benefits, this rule may also 

result in changes in emissions of air 

pollutants or other chemicals which are 

potential byproducts of HFC 

reclamation processes at affected 

facilities. The market for reclaimed 

HFCs could drive changes in potential 

risk for communities living near these 

facilities due to the changes in 

emissions that could have local effects 

is uncertain. However, the nature and 

location of the emission changes are 

uncertain. Moreover, there is 

insufficient information at this time 

about which facilities will change 

reclamation processes. Given limited 

information at this time, it is unclear to 

what extent this rule will impact 

existing disproportionate adverse effects 

on communities living near HFC 

reclamation facilities. The Agency will 

continue to evaluate the impacts of this 

proposed rulemaking on communities 

with environmental justice concerns 

and consider further action, as 

appropriate, to protect health in 

communities affected by HFC 

reclamation. The information 

supporting this Executive Order review 

is contained in section VII. of this 

preamble. 

List of Subjects 

40 CFR Part 84 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Chemicals, 

Climate change, Emissions, Reclaiming, 

Recycling, Reporting and recordkeeping 

requirements. 

40 CFR Part 261 

Environmental protection, Hazardous 

waste, Recycling, Reporting and 

recordkeeping requirements. 

40 CFR Part 262 

Environmental protection, Exports, 

Hazardous materials transportation, 

Hazardous waste, Imports, Labeling, 

Packaging and containers, Reporting 

and recordkeeping requirements. 

40 CFR Part 266 

Environmental protection, Energy, 

Hazardous waste, Recycling, Reporting 

and recordkeeping requirements. 

40 CFR Part 270 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Reporting and 

recordkeeping requirements, Water 

pollution control, Water supply. 

40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Indians—lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Water pollution control, 

Water supply. 

Michael S. Regan, 

Administrator. 

For the reasons stated in the 

preamble, EPA proposes to amend 40 

CFR parts 84, 261, 262, 266, 270, and 

271 as follows: 

PART 84—PHASEDOWN OF 

HYDROFLUOROCARBONS 

■ 1. The authority citation for part 84 

continues to read as follows: 

Authority: Pub. L. 116–260, Division S, 

Sec. 103. 

■ 2. Add to part 84, subpart C consisting 

of §§ 84.100 through 84.124 to read as 

follows: 

Subpart C—Management of Regulated 

Substances 

Sec. 

84.100 Purpose. 

84.102 Definitions. 

84.104 Prohibitions. 

84.106 Leak repair. 

84.108 Automatic leak detection systems. 

84.110 Emissions from fire suppression 

equipment. 

84.112 Reclamation. 

84.114 Exemptions. 

84.116 Requirements for disposable 

cylinders. 

84.118 Container tracking system. 

84.120 Container tracking of used cylinders. 

84.122 Treatment of data submitted under 

40 CFR part 84, subpart C. 

84.124 Relationship to other laws. 

§ 84.100 Purpose. 

The purpose of the regulations in this 

subpart is to implement subsection (h) 

of 42 U.S.C. 7675, with respect to 


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controls for any practice, process, or 

activity regarding the servicing, repair, 

disposal, or installation of equipment, 

for purposes of maximizing reclaiming, 

minimizing the release of regulated 

substances from equipment, and 

ensuring the safety of technicians and 

consumers. 

§ 84.102 Definitions. 

For the terms not defined in this 

subpart but that are defined in § 84.3, 

the definitions in § 84.3 shall apply. For 

the purposes of this subpart C: 

Certified technician means a 

technician that has been certified per 

the provisions at 40 CFR 82.161. 

Comfort cooling means the refrigerantcontaining appliances used for air 

conditioning to provide cooling in order 

to control heat and/or humidity in 

occupied facilities including but not 

limited to residential, office, and 

commercial buildings. Comfort cooling 

appliances include but are not limited 

to chillers, commercial split systems, 

and packaged roof-top units. 

Commercial refrigeration means the 

refrigerant-containing appliances used 

in the retail food and cold storage 

warehouse subsectors. Retail food 

appliances include the refrigeration 

equipment found in supermarkets, 

convenience stores, restaurants and 

other food service establishments. Cold 

storage includes the refrigeration 

equipment used to store meat, produce, 

dairy products, and other perishable 

goods. 

Component, as it relates to a 

refrigerant-containing appliance, means 

a part of the refrigerant circuit within an 

appliance including, but not limited to, 

compressors, condensers, evaporators, 

receivers, and all of its connections and 

subassemblies. 

Custom-built means that the 

industrial process refrigeration 

equipment or any of its components 

cannot be purchased and/or installed 

without being uniquely designed, 

fabricated and/or assembled to satisfy a 

specific set of industrial process 

conditions. 

Disposal, as it relates to a refrigerantcontaining appliance, means the process 

leading to and including: 

(1) The discharge, deposit, dumping 

or placing of any discarded refrigerantcontaining appliance into or on any 

land or water; 

(2) The disassembly of any refrigerantcontaining appliance for discharge, 

deposit, dumping or placing of its 

discarded component parts into or on 

any land or water; 

(3) The vandalism of any refrigerantcontaining appliance such that the 

refrigerant is released into the 

environment or would be released into 

the environment if it had not been 

recovered prior to the destructive 

activity; 

(4) The disassembly of any refrigerantcontaining appliance for reuse of its 

component parts; or 

(5) The recycling of any refrigerantcontaining appliance for scrap. 

Equipment means any device that 

contains, uses, detects or is otherwise 

connected or associated with a regulated 

substance or substitute for a regulated 

substance, including any refrigerantcontaining appliance, component, or 

system. 

Fire suppression equipment means 

any device that is connected to or 

associated with a regulated substance or 

substitute for a regulated substance, 

including blends and mixtures, 

consisting in part or whole of a 

regulated substance or a substitute for a 

regulated substance, and that is used for 

fire suppression purposes. This term 

includes and such equipment, 

component, or system. This term does 

not include mission-critical military end 

uses and systems used in deployable 

and expeditionary situations. This term 

also does not include space vehicles as 

defined in 40 CFR 84.3. 

Fire suppression technician means 

any person who in the course of 

servicing, repair, disposal, or 

installation of fire suppression 

equipment could be reasonably 

expected to violate the integrity of the 

fire suppression equipment and 

therefore release fire suppressants into 

the environment. 

Follow-up verification test, as it 

relates to a refrigerant-containing 

appliance, means those tests that 

involve checking the repairs to an 

appliance after a successful initial 

verification test and after the appliance 

has returned to normal operating 

characteristics and conditions to verify 

that the repairs were successful. 

Potential methods for follow-up 

verification tests include, but are not 

limited to, the use of soap bubbles as 

appropriate, electronic or ultrasonic 

leak detectors, pressure or vacuum tests, 

fluorescent dye and black light, infrared 

or near infrared tests, and handheld gas 

detection devices. 

Full charge, as it relates to a 

refrigerant-containing appliance, means 

the amount of refrigerant required for 

normal operating characteristics and 

conditions of the appliance as 

determined by using one or a 

combination of the following four 

methods: 

(1) Use of the equipment 

manufacturer’s determination of the full 

charge; 

(2) Use of appropriate calculations 

based on component sizes, density of 

refrigerant, volume of piping, and other 

relevant considerations; 

(3) Use of actual measurements of the 

amount of refrigerant added to or 

evacuated from the appliance, including 

for seasonal variances; and/or 

(4) Use of an established range based 

on the best available data regarding the 

normal operating characteristics and 

conditions for the appliance, where the 

midpoint of the range will serve as the 

full charge. 

Industrial process refrigeration means 

complex customized refrigerantcontaining appliances that are directly 

linked to the processes used in, for 

example, the chemical, pharmaceutical, 

petrochemical, and manufacturing 

industries. This sector also includes 

industrial ice machines, appliances 

used directly in the generation of 

electricity, and ice rinks. Where one 

appliance is used for both industrial 

process refrigeration and other 

applications, it will be considered 

industrial process refrigeration 

equipment if 50 percent or more of its 

operating capacity is used for industrial 

process refrigeration. 

Initial verification test, as it relates to 

a refrigerant-containing appliance, 

means those leak tests that are 

conducted after the repair is finished to 

verify that a leak or leaks have been 

repaired before refrigerant is added back 

to the appliance. 

Installation means the process of 

setting up equipment for use, which 

may include steps such as completing 

the refrigerant circuit, including 

charging equipment with a regulated 

substance or substitute for a regulated 

substance, or connecting cylinders 

containing a regulated substance or a 

substitute for a regulated substance to a 

total flooding fire suppression system, 

such that the equipment can function 

and is ready for use for its intended 

purpose. 

Leak inspection, as it relates to a 

refrigerant-containing appliance, means 

the examination of an appliance to 

detect and determine the location of 

refrigerant leaks. Potential methods 

include, but are not limited to, 

ultrasonic tests, gas-imaging cameras, 

bubble tests as appropriate, or the use of 

a leak detection device operated and 

maintained according to manufacturer 

guidelines. Methods that determine 

whether the appliance is leaking 

refrigerant but not the location of a leak, 

such as standing pressure/vacuum 

decay tests, sight glass checks, viewing 

receiver levels, pressure checks, and 

charging charts, must be used in 


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conjunction with methods that can 

determine the location of a leak. 

Leak rate, as it relates to a refrigerantcontaining appliance, means the rate at 

which an appliance is losing refrigerant, 

measured between refrigerant charges. 

The leak rate is expressed in terms of 

the percentage of the appliance’s full 

charge that would be lost over a 12- 

month period if the current rate of loss 

were to continue over that period. The 

rate must be calculated using one of the 

following methods. The same method 

must be used for all appliances subject 

to the leak repair requirements located 

at an operating facility. 

(1) Annualizing Method. 

(i) Step 1. Take the number of pounds 

of refrigerant added to the appliance to 

return it to a full charge, whether in one 

addition or if multiple additions related 

to same leak, and divide it by the 

number of pounds of refrigerant the 

appliance normally contains at full 

charge; 

(ii) Step 2. Take the shorter of the 

number of days that have passed since 

the last day refrigerant was added or 365 

days and divide that number by 365 

days; 

(iii) Step 3. Take the number 

calculated in Step 1 and divide it by the 

number calculated in Step 2; and 

(iv) Step 4. Multiply the number 

calculated in Step 3 by 100 to calculate 

a percentage. This method is 

summarized in the following formula: 

(2) Rolling Average Method. 

(i) Step 1. Take the sum of the pounds 

of refrigerant added to the appliance 

over the previous 365-day period (or 

over the period that has passed since the 

last successful follow-up verification 

test showing all identified leaks in the 

appliance were repaired, if that period 

is less than one year); 

(ii) Step 2. Divide the result of Step 

1 by the pounds of refrigerant the 

appliance normally contains at full 

charge; and 

(iii) Step 3. Multiply the result of Step 

2 by 100 to obtain a percentage. This 

method is summarized in the following 

formula: 

Mothball, as it relates to a refrigerantcontaining appliance, means to evacuate 

refrigerant from an appliance, or the 

affected isolated section or component 

of an appliance, to at least atmospheric 

pressure, and to temporarily shut down 

that appliance. 

Motor vehicle, as used in this subpart, 

means any vehicle which is selfpropelled and designed for transporting 

persons or property on a street or 

highway, including but not limited to 

passenger cars, light-duty vehicles, and 

heavy-duty vehicles. This definition 

does not include a vehicle where final 

assembly of the vehicle has not been 

completed by the original equipment 

manufacturer. 

Motor vehicle air conditioners 

(MVAC) means mechanical vapor 

compression refrigerant-containing 

appliances used to cool the driver’s or 

passenger’s compartment of any motor 

vehicle. This definition is intended to 

have the same meaning as defined in 40 

CFR 82.32. 

MVAC-like appliance means a 

mechanical vapor compression, opendrive compressor refrigerant-containing 

appliance with a full charge of 20 

pounds or less of refrigerant used to 

cool the driver’s or passenger’s 

compartment of off-road vehicles or 

equipment. This includes, but is not 

limited to, the air-conditioning 

equipment found on agricultural or 

construction vehicles. This definition is 

intended to have the same meaning as 

defined in 40 CFR 82.152. 

Normal operating characteristics and 

conditions, as it relates to a refrigerantcontaining appliance, means appliance 

operating temperatures, pressures, fluid 

flows, speeds, and other characteristics, 

including full charge of the appliance, 

that would be expected for a given 

process load and ambient condition 

during normal operation. Normal 

operating characteristics and conditions 

are marked by the absence of atypical 

conditions affecting the operation of the 

appliance. 

Owner or operator means any person 

who owns, leases, operates, or controls 

any equipment or who controls or 

supervises any practice, process, or 

activity that is subject to any 

requirement pursuant to this subpart. 

Recover means the process by which 

a regulated substance, or where 

applicable, a substitute for a regulated 

substance, is removed, in any condition, 

from equipment; and stored in an 

external container, with or without 

testing or processing the regulated 

substance or substitute for a regulated 

substance. 

Recycling, when referring to fire 

suppression or fire suppressants, means 

the testing and/or reprocessing of 

regulated substances used in the fire 

suppression sector to certain purity 

standards. 

Refrigerant, for purposes of this 

subpart, means any substance, including 

blends and mixtures, consisting in part 

or whole of a regulated substance or a 

substitute for a regulated substance that 

is used for heat transfer purposes, 

including those that provide a cooling 

effect. 

Refrigerant circuit, as it relates to a 

refrigerant-containing appliance, means 

the parts of an appliance that are 

normally connected to each other (or are 

separated only by internal valves) and 

are designed to contain refrigerant. 

Refrigerant-containing appliance 

means any device that contains and uses 

a regulated substance or substitute for a 

regulated substance as a refrigerant 

including any air conditioner, motor 

vehicle air conditioner, refrigerator, 


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Leak.rate ,_pounds of refrigerant added x --~-36_5_d_ay.=,s!_-.yec_ar ____ x l000/4, 

(0/4 per year) pounds of refrigerant shorter of: # days since 

l~eak rate = 

(%peryear) 

in full ch.arge refrigerant .last added or 365 days 

pounds of refrigerant added over past 365 days 

( or since the last successful tbHow-up verification test showing an identified 

leaks in the appliance were repaired, if that period is less than one year) 

pounds of refrigerant in full cllarge 
72300 Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 / Proposed Rules 

chiller, or freezer. For a system with 

multiple circuits, each independent 

circuit is considered a separate 

appliance. 

Refrigerant-containing equipment 

means equipment as defined in this 

subpart that contains, uses, or is 

otherwise connected or associated with 

a regulated substance or substitute for a 

regulated substance that is used as a 

refrigerant. This definition includes 

refrigerant-containing components, 

refrigerant-containing appliances, and 

MVAC-like appliances. This term does 

not include mission-critical military end 

uses and systems used in deployable 

and expeditionary situations. This term 

also does not include space vehicles as 

defined in 40 CFR 84.3. 

Repackager means an entity who 

transfers regulated substances, either 

alone or in a blend, from one container 

to another container prior to sale or 

distribution or offer for sale or 

distribution. An entity that services 

system cylinders for use in fire 

suppression equipment and returns the 

same regulated substances to the same 

system cylinder it was recovered from 

after the system cylinder is serviced is 

not a repackager. 

Repair, for purposes of this subpart 

and as it relates to a particular leak in 

a refrigerant-containing appliance, 

means making adjustments or other 

alterations to that refrigerant-containing 

appliance that have the effect of 

stopping leakage of refrigerant from that 

particular leak. 

Reprocess means using procedures, 

such as filtering, drying, distillation and 

other chemical procedures to remove 

impurities from a regulated substance or 

a substitute for a regulated substance. 

Retire, as it relates to a refrigerantcontaining appliance, means the 

removal of the refrigerant and the 

disassembly or impairment of the 

refrigerant circuit such that the 

appliance as a whole is rendered 

unusable by any person in the future. 

Retrofit, as it relates to a refrigerantcontaining appliance, means to convert 

an appliance from one refrigerant to 

another refrigerant. Retrofitting includes 

the conversion of the appliance to 

achieve system compatibility with the 

new refrigerant and may include, but is 

not limited to, changes in lubricants, 

gaskets, filters, driers, valves, o-rings or 

appliance components. Retrofits 

required under this subpart shall be 

done to a refrigerant with a lower global 

warming potential. 

Seasonal variance, as it relates to a 

refrigerant-containing appliance, means 

the removal of refrigerant from an 

appliance due to a change in ambient 

conditions caused by a change in 

season, followed by the subsequent 

addition of an amount that is less than 

or equal to the amount of refrigerant 

removed in the prior change in season, 

where both the removal and addition of 

refrigerant occurs within one 

consecutive 12-month period. 

Stationary refrigerant-containing 

equipment means refrigerant-containing 

equipment, as defined in this subpart, 

that is not a motor vehicle air 

conditioner or an MVAC-like appliance, 

as defined in this subpart. 

Substitute for a regulated substance 

means a substance that can be used in 

equipment in the same or similar 

applications as a regulated substance, to 

serve the same or a similar purpose, 

including but not limited to a substance 

used as a refrigerant in a refrigerantcontaining appliance or as a fire 

suppressant in fire suppression 

equipment, provided that the substance 

is not a regulated substance or an ozonedepleting substance. 

Technician, as it relates to any person 

who works with refrigerant-containing 

appliances, means any person who in 

the course of servicing, repair, or 

installation of a refrigerant-containing 

appliance (except MVACs) could be 

reasonably expected to violate the 

integrity of the refrigerant circuit and 

therefore release refrigerants into the 

environment. Technician also means 

any person who in the course of 

disposal of a refrigerant-containing 

appliance (except small appliances as 

defined in 40 CFR 82.152, MVACs, and 

MVAC-like appliances) could be 

reasonably expected to violate the 

integrity of the refrigerant circuit and 

therefore release refrigerants from the 

appliances into the environment. 

Activities reasonably expected to violate 

the integrity of the refrigerant circuit 

include but are not limited to: Attaching 

or detaching hoses and gauges to and 

from the appliance; adding or removing 

refrigerant; adding or removing 

components; and cutting the refrigerant 

line. Activities such as painting the 

appliance, rewiring an external 

electrical circuit, replacing insulation 

on a length of pipe, or tightening nuts 

and bolts are not reasonably expected to 

violate the integrity of the refrigerant 

circuit. Activities conducted on 

refrigerant-containing appliances that 

have been properly evacuated pursuant 

to 40 CFR 82.156 are not reasonably 

expected to release refrigerants unless 

the activity includes adding refrigerant 

to the appliance. Technicians could 

include but are not limited to installers, 

contractor employees, in-house service 

personnel, and owners and/or operators 

of refrigerant-containing appliances. 

Virgin regulated substance means any 

regulated substance that has not had any 

bona fide use in equipment except for 

those regulated substances contained in 

the heel or the residue of a container 

that has had a bona fide use in the 

servicing, repair, or installation of 

equipment. 

§ 84.104 Prohibitions. 

(a) Sale of recovered refrigerant. No 

person may sell, distribute, or transfer to 

a new owner, or offer for sale, 

distribution, or transfer to a new owner, 

any regulated substance used as a 

refrigerant in stationary refrigerantcontaining equipment consisting in 

whole or in part of recovered regulated 

substances, unless the recovered 

regulated substance: 

(1) Has been reclaimed by a person 

who has been certified as a reclaimer 

under 40 CFR 82.164 and has been 

reclaimed to the levels as specified in 

appendix A to 40 CFR part 82, subpart 

F; or 

(2) Is sold, distributed, or transferred 

to a new owner, or offered for sale, 

distribution, or transfer to a new owner 

solely for the purposes of being 

reclaimed or destroyed. 

(b) [Reserved] 

§ 84.106 Leak repair. 

(a) Applicability. This section applies 

to refrigerant-containing appliances 

with a full charge of 15 or more pounds 

of refrigerant where the refrigerant is 

composed in whole or in part of: 

(1) A regulated substance as listed in 

subsection (c) of the AIM Act or in 

appendix A to part 84, or 

(2) A substitute for a regulated 

substance that has a global warming 

potential greater than 53, where the 

global warming potential is as 

determined under the following 

hierarchy: 

(i) Where trans-dichloroethylene, also 

referred to as HCO–1130(E), is used neat 

or in a blend, the global warming 

potential shall be five; 

(ii) Where cis-1-chloro-2,3,3,3- 

tetrafluoropropene, also referred to as 

HCFO–1224yd(Z), is used neat or in a 

blend, the global warming potential 

shall be one; 

(iii) For each substitute for a regulated 

substance that is not HCO–1130(E) or is 

not HCFO–1224yd(Z), but does have a 

global warming potential listed in the 

Fourth Assessment Report of the 

Intergovernmental Panel on Climate 

Change, the global warming potential of 

the substitute for a regulated substance 

shall be that listed as the 100-year 

integrated global warming potential and 

shall be the net global warming 

potential; 


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(iv) For each substitute for a regulated 

substance that is not HCO–1130(E), is 

not HCFO–1224yd(Z), and is not listed 

in the Fourth Assessment Report of the 

Intergovernmental Panel on Climate 

Change, the global warming potential of 

the substitute for a regulated substance 

shall be that listed as the 100-year 

integrated global warming potential in 

the 2022 report by the World 

Meteorological Organization, titled 

‘‘Scientific Assessment of Ozone 

Depletion: 2022’’; 

(v) For each substitute for a regulated 

substance, that is not HCO–1130(E), is 

not HCFO–1224yd(Z), is not listed in 

the Fourth Assessment Report of the 

Intergovernmental Panel on Climate 

Change, and is not listed in the 2022 

report by the World Meteorological 

Organization, the global warming 

potential of the substitute for a regulated 

substance shall be that listed in Table 

A–1 to 40 CFR part 98, as it existed on 

[DATE OF PUBLICATION OF THE 

FINAL RULE IN THE FEDERAL 

REGISTER], including the use of default 

global warming potential values for 

substitutes for regulated substances that 

are not specifically listed in that table; 

(vi) For cases in (iii) through (v) above 

where a qualifier, including but not 

limited to approximately, ∼, less than, <, 

much less than, <<, and greater than, >, 

is provided with a global warming 

potential value, the value shown shall 

be the global warming potential of the 

constituent without consideration of the 

qualifier; 

(vii) For constituents that do not have 

a global warming potential as provided 

in paragraphs (a)(2)(i) through (vi) of 

this section, the global warming 

potential of the constituent shall be 

zero. 

(3) Notwithstanding the criteria in 

paragraphs (1) and (2) of this section, 

the requirements of this section do not 

apply to: 

(i) Appliances (as defined in 40 CFR 

82.152) containing solely an ozonedepleting substance as a refrigerant; 

(ii) Refrigerant-containing appliances 

used for the residential and light 

commercial air conditioning and heat 

pumps subsector. 

(4) Compliance dates. The 

requirements of this section apply for 

refrigerant-containing appliances with a 

full charge of 50 or more pounds as of 

60 days after [DATE OF PUBLICATION 

OF THE FINAL RULE IN THE 

FEDERAL REGISTER] in the Federal 

Register and for refrigerant-containing 

appliances with a full charge between 

15 and 50 pounds as of 1 year after 

[DATE OF PUBLICATION OF THE 

FINAL RULE IN THE FEDERAL 

REGISTER] in the Federal Register. 

(b) Leak rate calculation. Persons 

adding or removing refrigerant from a 

refrigerant-containing appliance must, 

upon conclusion of that installation, 

service, repair, or disposal provide the 

owner or operator with documentation 

that meets the applicable requirements 

of paragraph (l)(2) of this section. The 

owner or operator must calculate the 

leak rate every time refrigerant is added 

to an appliance unless the addition is 

made immediately following a retrofit, 

installation of a new appliance, or 

qualifies as a seasonal variance. 

(c) Requirement to address leaks 

through appliance repair, or retrofitting 

or retiring an appliance. (1) Owners or 

operators must repair refrigerantcontaining appliances with a leak rate 

over the applicable leak rate in this 

paragraph in accordance with 

paragraphs (d) through (f) of this section 

unless the owner or operator elects to 

retrofit or retire the refrigerantcontaining appliance in compliance 

with paragraphs (h) and (i) of this 

section. If the owner or operator elects 

to repair leaks but fails to bring the leak 

rate below the applicable leak rate, the 

owner or operator must create and 

implement a retrofit or retirement plan 

in accordance with paragraphs (h) and 

(i) of this section. 

(2) Leak rates: 

(i) 20 percent leak rate for commercial 

refrigeration equipment; 

(ii) 30 percent leak rate for industrial 

process refrigeration equipment; and 

(iii) 10 percent leak rate for comfort 

cooling appliances, refrigerated 

transport appliances, or other 

refrigerant-containing appliances with a 

full charge of 15 or more pounds of 

refrigerant not covered by (c)(2)(i) or (ii) 

of this section. 

(d) Appliance repair. Owners or 

operators must identify and repair leaks 

in accordance with this paragraph 

within 30 days (or 120 days if an 

industrial process shutdown is required) 

of when refrigerant is added to a 

refrigerant-containing appliance 

exceeding the applicable leak rate in 

paragraph (c) of this section. 

(1) A certified technician must 

conduct a leak inspection, as described 

in paragraph (g) of this section, to 

identify the location of leaks. 

(2) Leaks must be repaired such that 

the leak rate is brought below the 

applicable leak rate. This must be 

confirmed by the leak rate calculation 

performed upon the next refrigerant 

addition. The leaks will be presumed to 

be repaired if, over the 12-month period 

after the repair, there is no further 

refrigerant addition or if the leak 

inspections required under paragraph 

(g) of this section and/or automatic leak 

detection systems required by § 84.108 

do not find any leaks in the appliance. 

Repair of leaks must be documented by 

both an initial and a follow-up 

verification test or tests. 

(3) The time frames in paragraphs (d) 

through (f) of this section are 

temporarily suspended when an 

appliance is mothballed. The time will 

resume on the day additional refrigerant 

is added to the refrigerant-containing 

appliance (or component of a 

refrigerant-containing appliance if the 

leaking component was isolated). 

(e) Verification tests. The owner or 

operator must conduct both initial and 

follow-up verification tests on each leak 

that was repaired under paragraph (d) of 

this section. 

(1) Initial verification test. Unless 

granted additional time, an initial 

verification test must be performed 

within 30 days (or 120 days if an 

industrial process shutdown is required) 

of a refrigerant-containing appliance 

exceeding the applicable leak rate in 

paragraph (c) of this section. An initial 

verification test must demonstrate that 

for leaks where a repair attempt was 

made, the adjustments or alterations to 

the refrigerant-containing appliance 

have held. 

(i) For repairs that can be completed 

without the need to open or evacuate 

the refrigerant-containing appliance, the 

test must be performed after the 

conclusion of the repair work and before 

any additional refrigerant is added to 

the refrigerant-containing appliance. 

(ii) For repairs that require the 

evacuation of the refrigerant-containing 

appliance or portion of the refrigerantcontaining appliance, the test must be 

performed before adding any refrigerant 

to the refrigerant-containing appliance. 

(iii) If the initial verification test 

indicates that the repairs have not been 

successful, the owner or operator may 

conduct as many additional repairs and 

initial verification tests as needed 

within the applicable time period. 

(2) Follow-up verification test. A 

follow-up verification test must be 

performed within 10 days of the 

successful initial verification test or 10 

days of the refrigerant-containing 

appliance reaching normal operating 

characteristics and conditions (if the 

refrigerant-containing appliance or 

isolated component was evacuated for 

the repair(s)). Where it is unsafe to be 

present or otherwise impossible to 

conduct a follow-up verification test 

when the system is operating at normal 

operating characteristics and conditions, 

the verification test must, where 

practicable, be conducted prior to the 

system returning to normal operating 

characteristics and conditions. 


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(i) A follow-up verification test must 

demonstrate that leaks where a repair 

attempt was made are repaired. If the 

follow-up verification test indicates that 

the repairs have not been successful, the 

owner or operator may conduct as many 

additional repairs and verification tests 

as needed to bring the refrigerantcontaining appliance below the leak rate 

within the applicable time period and to 

verify the repairs. 

(f) Extensions to the appliance repair 

deadlines. Owners or operators are 

permitted more than 30 days (or 120 

days if an industrial process shutdown 

is required) to comply with paragraphs 

(d) and (e) of this section if they meet 

the requirements of (f)(1) through (4) of 

this section or the refrigerant-containing 

appliance is mothballed. The request 

will be considered approved unless EPA 

notifies the owners or operators 

otherwise. 

(1) One or more of the following 

conditions must apply: 

(i) The refrigerant-containing 

appliance is located in an area subject 

to radiological contamination or 

shutting down the refrigerant-containing 

appliance will directly lead to 

radiological contamination. Additional 

time is permitted to the extent needed 

to conduct and finish repairs in a safe 

working environment. 

(ii) Requirements of other applicable 

Federal, state, local, or Tribal 

regulations make a repair within 30 

days (or 120 days if an industrial 

process shutdown is required) 

impossible. Additional time is 

permitted to the extent needed to 

comply with the pertinent regulations. 

(iii) Components that must be 

replaced as part of the repair are not 

available within 30 days (or 120 days if 

an industrial process shutdown is 

required). Additional time is permitted 

up to 30 days after receiving delivery of 

the necessary components, not to 

exceed 180 days (or 270 days if an 

industrial process shutdown is required) 

from the date the refrigerant-containing 

appliance exceeded the applicable leak 

rate. 

(2) Repairs to leaks that the technician 

has identified as significantly 

contributing to the exceedance of the 

leak rate and that do not require 

additional time must be completed and 

verified within the initial 30 day repair 

period (or 120 day repair period if an 

industrial process shutdown is 

required); 

(3) The owner or operator must 

document all repair efforts and the 

reason for the inability to make the 

repair within the initial 30 day repair 

period (or 120 day repair period if an 

industrial process shutdown is 

required); and 

(4) The owner or operator must 

request an extension from EPA 

electronically, in the manner specified 

by EPA, within 30 days (or 120 days if 

an industrial process shutdown is 

required) of the refrigerant-containing 

appliance exceeding the applicable leak 

rate in paragraph (c) of this section. 

Extension requests must include: 

Identification and address of the facility; 

the name of the owner or operator of the 

refrigerant-containing appliance; the 

leak rate; the method used to determine 

the leak rate and full charge; the date 

the refrigerant-containing appliance 

exceeded the applicable leak rate; the 

location of leak(s) to the extent 

determined to date; any repair work that 

has been performed thus far, including 

the date that work was completed; the 

reasons why more than 30 days (or 120 

days if an industrial process shutdown 

is required) are needed to complete the 

repair; and an estimate of when the 

work will be completed. If the estimated 

completion date is to be extended, a 

new estimated date of completion and 

documentation of the reason for that 

change must be submitted to EPA 

within 30 days of identifying that the 

completion date must be extended. The 

owner or operator must keep a dated 

copy of this submission. 

(g) Leak inspections. (1) The owner or 

operator must conduct a leak inspection 

in accordance with the following 

schedule on any refrigerant-containing 

appliance exceeding the applicable leak 

rate in paragraph (c)(2) of this section. 

(i) For commercial refrigeration and 

industrial process refrigeration 

appliances with a full charge of 500 or 

more pounds, leak inspections must be 

conducted once every three months 

until the owner or operator can 

demonstrate through the leak rate 

calculations required under paragraph 

(b) of this section that the appliance has 

not leaked in excess of the applicable 

leak rate for four quarters in a row. 

(ii) For commercial refrigeration and 

industrial process refrigeration 

appliances with a full charge of 50 or 

more pounds but less than 500 pounds, 

leak inspections must be conducted 

once per year until the owner or 

operator can demonstrate through the 

leak rate calculations required under 

paragraph (b) of this section that the 

appliance has not leaked in excess of 

the applicable leak rate for one year. 

(iii) For comfort cooling appliances 

and other appliances not covered by 

paragraphs (g)(1)(i) and (ii) of this 

section, leak inspections must be 

conducted once per year until the owner 

or operator can demonstrate through the 

leak rate calculations required under 

paragraph (b) of this section that the 

appliance has not leaked in excess of 

the applicable leak rate for one year. 

(2) Leak inspections must be 

conducted by a certified technician 

using method(s) determined by the 

technician to be appropriate for that 

refrigerant-containing appliance. 

(3) All visible and accessible 

components of a refrigerant-containing 

appliance must be inspected, with the 

following exceptions: 

(i) Where components are insulated, 

under ice that forms on the outside of 

equipment, underground, behind walls, 

or are otherwise inaccessible; 

(ii) Where personnel must be elevated 

more than two meters above a support 

surface; or 

(iii) Where components are unsafe to 

inspect, as determined by site 

personnel. 

(4) Quarterly or annual leak 

inspections are not required on 

refrigerant-containing appliances, or 

portions of refrigerant-containing 

appliances, continuously monitored by 

an automatic leak detection system that 

is audited or calibrated annually. An 

automatic leak detection system may 

directly detect refrigerant in air, monitor 

its surrounding in a manner other than 

detecting refrigerant concentrations in 

air, or monitor conditions of the 

appliance. An automatic leak detection 

system being used for this purpose must 

meet the requirements for automatic 

leak detection systems per § 84.108(c) 

through (g) and § 84.108(i). 

(i) When an automatic leak detection 

system is only being used to monitor 

portions of a refrigerant-containing 

appliance, the remainder of the 

refrigerant-containing appliance 

continues to be subject to any applicable 

leak inspection requirements. 

(ii) [Reserved] 

(h) Retrofit or retirement plans. (1) 

The owner or operator must create a 

retrofit or retirement plan within 30 

days of: 

(i) A refrigerant-containing appliance 

leaking above the applicable leak rate in 

paragraph (c) of this section if the owner 

or operator intends to retrofit or retire 

rather than repair the leak; 

(ii) A refrigerant-containing appliance 

leaking above the applicable leak rate in 

paragraph (c) of this section if the owner 

or operator fails to take any action to 

identify or repair the leak; or 

(iii) A refrigerant-containing 

appliance continues to leak above the 

applicable leak rate after having 

conducted the required repairs and 

verification tests under paragraphs (d) 

and (e) of this section. 


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(2) A retrofit or retirement plan must, 

at a minimum, contain the following 

information: 

(i) Identification and location of the 

refrigerant-containing appliance; 

(ii) Type and full charge of the 

refrigerant used in the refrigerantcontaining appliance; 

(iii) Type and full charge of the 

refrigerant to which the refrigerantcontaining appliance will be converted, 

if retrofitted; 

(iv) Itemized procedure for converting 

the refrigerant-containing appliance to a 

different refrigerant, including changes 

required for compatibility with the new 

substitute, if retrofitted; 

(v) Plan for the disposition of 

recovered refrigerant; 

(vi) Plan for the disposition of the 

refrigerant-containing appliance, if 

retired; and 

(vii) A schedule, not to exceed one 

year, for completion of the appliance 

retrofit or retirement. 

(3) The retrofit or retirement plan 

must be signed by an authorized 

company official, dated, accessible at 

the site of the refrigerant-containing 

appliance in paper copy or electronic 

format, and available for EPA inspection 

upon request. 

(4) All identified leaks must be 

repaired as part of any retrofit under 

such a plan. 

(5) A retrofit or retirement plan must 

be implemented as follows: 

(i) Unless granted additional time, all 

work performed in accordance with the 

plan must be finished within one year 

of the plan’s date (not to exceed 12 

months from when the plan was 

finalized as required in paragraph (h)(1) 

of this section). 

(ii) The owner or operator may 

request that EPA relieve it of the 

obligation to retrofit or retire a 

refrigerant-containing appliance if the 

owner or operator can establish within 

180 days of the plan’s date that the 

refrigerant-containing appliance no 

longer exceeds the applicable leak rate 

and if the owner or operator agrees in 

writing to repair all identified leaks 

within one year of the plan’s date 

consistent with paragraph (h)(4) and 

(h)(5)(i) of this section. The owner or 

operator must submit to EPA the retrofit 

or retirement plan as well as the 

following information: The date that the 

requirement to develop a retrofit or 

retirement plan was triggered; the leak 

rate; the method used to determine the 

leak rate and full charge; the location of 

the leak(s) identified in the leak 

inspection; a description of repair work 

that has been completed; a description 

of repair work that has not been 

completed; a description of why the 

repair was not conducted within the 

time frames required under paragraphs 

(d) and (f) of this section; and a 

statement signed by an authorized 

official that all identified leaks will be 

repaired and an estimate of when those 

repairs will be completed (not to exceed 

one year from date of the plan). The 

request will be considered approved 

unless EPA notifies the owners or 

operators within 60 days of receipt of 

the request that it is not approved. 

(i) Extensions to the one-year retrofit 

or retirement schedule. Owners or 

operators may request more than one 

year to comply with paragraph (h) of 

this section if they meet the 

requirements of this paragraph. The 

request will be considered approved 

unless EPA notifies the owners or 

operators within 60 days of receipt of 

the request that it is not approved. The 

request must be submitted to EPA 

electronically, in the manner specified 

by EPA, within seven months of 

discovering the refrigerant-containing 

appliance exceeded the applicable leak 

rate. The request must include the 

identification of the refrigerantcontaining appliance; name of the 

owner or operator; the leak rate; the 

method used to determine the leak rate 

and full charge; the date the refrigerantcontaining appliance exceeded the 

applicable leak rate; the location of 

leaks(s) to the extent determined to date; 

any repair work that has been finished 

thus far, including the date that work 

was finished; a plan to finish the retrofit 

or retirement of the refrigerantcontaining appliance; the reasons why 

more than one year is necessary to 

retrofit or retire the refrigerantcontaining appliance; the date of 

notification to EPA; and an estimate of 

when retrofit or retirement work will be 

finished. A dated copy of the request 

must be available on-site in either 

electronic or paper copy. If the 

estimated completion date is to be 

revised, a new estimated date of 

completion and documentation of the 

reason for that change must be 

submitted to EPA electronically, in the 

manner specified by EPA, within 30 

days. Additionally, the time frames in 

paragraphs (h) and (i) of this section are 

temporarily suspended when a 

refrigerant-containing appliance is 

mothballed. The time will resume 

running on the day additional 

refrigerant is added to the refrigerantcontaining appliance (or component of 

a refrigerant-containing appliance if the 

leaking component was isolated). 

(1) Extensions available to industrial 

process refrigeration. Owners or 

operators of industrial process 

refrigeration equipment may request 

additional time beyond the one-year 

period in paragraph (h) of this section 

to finish the retrofit or retirement under 

the following circumstances. 

(i) Requirements of other applicable 

Federal, state, local, or Tribal 

regulations make a retrofit or retirement 

within one year impossible. Additional 

time is permitted to the extent needed 

to comply with the pertinent 

regulations; 

(ii) The new or the retrofitted 

equipment is custom-built as defined in 

this subpart and the supplier of the 

appliance or one of its components has 

quoted a delivery time of more than 30 

weeks from when the order is placed. 

The appliance or appliance components 

must be installed within 120 days after 

receiving delivery of the necessary 

parts; 

(iii) The equipment is located in an 

area subject to radiological 

contamination and creating a safe 

working environment will require more 

than 30 weeks; or 

(iv) After receiving an extension 

under paragraph (i)(1)(ii) of this section, 

owners or operators may request 

additional time if necessary to finish the 

retrofit or retirement of equipment. The 

request must be submitted to EPA before 

the end of the ninth month of the initial 

extension and must include the same 

information submitted for that 

extension, with any necessary revisions. 

A dated copy of the request must be 

available on-site in either electronic or 

paper copy. The request will be 

considered approved unless EPA 

notifies the owners or operators within 

60 days of receipt of the request that it 

is not approved. 

(j) Chronically leaking appliances. 

Owners or operators of refrigerantcontaining appliances containing 15 or 

more pounds of refrigerant that leak 125 

percent or more of the full charge in a 

calendar year must submit a report 

containing the information required in 

paragraph (m)(4) of this section to EPA 

by March 1 of the subsequent year. 

(k) Purged refrigerant. In calculating 

annual leak rates, purged refrigerant that 

is destroyed at a verifiable destruction 

efficiency of 98 percent or greater will 

not be counted toward the leak rate. 

(l) Recordkeeping. All records 

identified in this paragraph must be 

kept for at least three years in electronic 

or paper format, unless otherwise 

specified. 

(1) Upon installation or [DATE 60 

DAYS AFTER DATE OF PUBLICATION 

OF THE FINAL RULE IN THE 

FEDERAL REGISTER] owners or 

operators must determine the full charge 

of all refrigerant-containing appliances 

with 15 or more pounds of refrigerant 


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and maintain the following information 

for each appliance until three years after 

the appliance is retired: 

(i) The identification of the owner or 

operator of the refrigerant-containing 

appliance; 

(ii) The address where the appliance 

is located; 

(iii) The full charge of the refrigerantcontaining appliance and the method 

for how the full charge was determined; 

(iv) If using method 4 (using an 

established range) for determining full 

charge, records must include the range 

for the full charge of the refrigerantcontaining appliance, its midpoint, and 

how the range was determined; 

(v) Any revisions of the full charge, 

how they were determined, and the 

dates such revisions occurred. 

(vi) The date of installation. 

(2) Owners or operators must 

maintain a record including the 

following information for each time a 

refrigerant-containing appliance with a 

full charge of 15 or more pounds is 

installed, serviced, repaired, or disposed 

of, when applicable. 

(i) The identity and location of the 

refrigerant-containing appliance; 

(ii) The date of the installation, 

service, repair, or disposal performed; 

(iii) The part(s) of the refrigerantcontaining appliance being installed, 

serviced, repaired, or disposed; 

(iv) The type of installation, service, 

repair, or disposal performed for each 

part; 

(v) The name of the person 

performing the installation, service, 

repair, or disposal; 

(vi) The amount and type of 

refrigerant added to, or in the case of 

disposal removed from, the appliance; 

(vii) The full charge of the refrigerantcontaining appliance; and 

(viii) The leak rate and the method 

used to determine the leak rate (not 

applicable when disposing of the 

refrigerant-containing appliance, 

following a retrofit, installing a new 

refrigerant-containing appliance, or if 

the refrigerant addition qualifies as a 

seasonal variance). 

(3) If the installation, service, repair, 

or disposal is done by someone other 

than the owner or operator, that person 

must provide a record containing the 

information specified in paragraph 

(l)(2)(i) through (vi) of this section, 

when applicable, to the owner or 

operator. 

(4) Owners or operators must keep 

records of leak inspections that include 

the date of inspection, the method(s) 

used to conduct the leak inspection, a 

list of the location of each leak that was 

identified, and a certification that all 

visible and accessible parts of the 

refrigerant-containing appliance were 

inspected. Technicians conducting leak 

inspections must, upon conclusion of 

that service, provide the owner or 

operator of the refrigerant-containing 

appliance with documentation that 

meets these requirements. 

(5) If using an automatic leak 

detection system, the owner or operator 

must maintain records regarding the 

installation and the annual audit and 

calibration of the system, a record of 

each date the monitoring system 

identified a leak, and the location of the 

leak. 

(6) Owners or operators must 

maintain records of the dates and results 

of all initial and follow-up verification 

tests. Records must include the location 

of the refrigerant-containing appliance, 

the date(s) of the verification tests, the 

location(s) of all repaired leaks that 

were tested, the type(s) of verification 

test(s) used, and the results of those 

tests. Technicians conducting initial or 

follow-up verification tests must, upon 

conclusion of that service, provide the 

owner or operator of the appliance with 

documentation that meets these 

requirements. 

(7) Owners or operators must 

maintain retrofit or retirement plans 

developed in accordance with 

paragraph (h) of this section. 

(8) Owners or operators must 

maintain retrofit and/or retirement 

extension requests submitted to EPA in 

accordance with paragraph (i) of this 

section. 

(9) Owners or operators that suspend 

the deadlines in this section by 

mothballing a refrigerant-containing 

appliance must keep records 

documenting when the appliance was 

mothballed and when additional 

refrigerant was added to the appliance 

(or isolated component). 

(10) Owners or operators who exclude 

purged refrigerants that are destroyed 

from annual leak rate calculations must 

maintain records to support the amount 

of refrigerant claimed as sent for 

destruction. Records must be based on 

a monitoring strategy that provides 

reliable data to demonstrate that the 

amount of refrigerant claimed to have 

been destroyed is not greater than the 

amount of refrigerant actually purged 

and destroyed and that the 98 percent 

or greater destruction efficiency is met. 

Records must include flow rate, 

quantity or concentration of the 

refrigerant in the vent stream, and 

periods of purge flow. Records must 

include: 

(i) The identification of the facility 

and a contact person, including the 

address and telephone number; 

(ii) A description of the refrigerantcontaining appliance, focusing on 

aspects relevant to the purging of 

refrigerant and subsequent destruction; 

(iii) A description of the methods 

used to determine the quantity of 

refrigerant sent for destruction and type 

of records that are being kept by the 

owners or operators where the 

appliance is located; 

(iv) The frequency of monitoring and 

data-recording; and 

(v) A description of the control 

device, and its destruction efficiency. 

(11) Owners or operators that exclude 

additions of refrigerant due to seasonal 

variance from their leak rate calculation 

must maintain records stating that they 

are using the seasonal variance 

flexibility and documenting the amount 

added and removed under paragraph 

(l)(2) of this section. 

(12) Owners or operators that submit 

reports to EPA in accordance with 

paragraph (m) of this section must 

maintain copies of the submitted reports 

and any responses from EPA. 

(m) Reporting. All notifications must 

be submitted electronically in the 

manner specified by EPA. 

(1) Owners or operators must notify 

EPA electronically, in the manner 

specified by EPA, in accordance with 

paragraph (f) of this section when 

seeking an extension of time to 

complete repairs. 

(2) Owners or operators must notify 

EPA electronically, in the manner 

specified by EPA, in accordance with 

paragraph (h)(5)(ii) of this section when 

seeking relief from the obligation to 

retrofit or retire an appliance. 

(3) Owners or operators must notify 

EPA electronically, in the manner 

specified by EPA, in accordance with 

paragraph (i) of this section when 

seeking an extension of time to 

complete the retrofit or retirement of an 

appliance. 

(4) Owners or operators must report to 

EPA electronically, in a manner 

specified by EPA, the following in 

accordance with paragraph (j) of this 

section for any refrigerant-containing 

appliance that leaks 125 percent or more 

of the full charge in a calendar year. 

(i) Basic identification information 

(i.e., owner name or operator, facility 

name, facility address where appliance 

is located, and appliance ID or 

description); 

(ii) Refrigerant-containing appliance 

type (comfort cooling or other, 

industrial process refrigeration, or 

commercial refrigeration); 

(iii) Refrigerant type; 

(iv) Full charge of appliance (pounds); 

(v) Annual percent refrigerant loss; 

(vi) Dates of refrigerant addition; 


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(vii) Amounts of refrigerant added; 

(viii) Date of last successful follow-up 

verification test; 

(ix) Explanation of cause refrigerant 

losses; 

(x) Description of repair actions taken; 

and 

(xi) Whether a retrofit or retirement 

plan been developed for the refrigerantcontaining appliance and if so, the 

anticipated date of retrofit or retirement. 

(5) When excluding purged 

refrigerants that are destroyed from 

annual leak rate calculations, owners or 

operators must notify EPA 

electronically, in the manner specified 

by EPA, within 60 days after the first 

time the exclusion is used by the facility 

where the appliance is located. The 

report must include the information 

included in paragraph (l)(10) of this 

section. 

§ 84.108 Automatic leak detection 

systems. 

(a) Owners or operators of refrigerantcontaining appliances used for 

industrial process refrigeration or 

commercial refrigeration with a full 

charge of 1,500 pounds or greater of a 

refrigerant containing a regulated 

substance or a substitute for a regulated 

substance with a GWP greater than 53 

must install and use an automatic leak 

detection system in accordance with 

this section. 

(b) (1) Owners and operators of 

refrigerant-containing appliances 

subject to paragraph (a) of this section 

installed on or after [DATE 60 DAYS 

AFTER DATE OF PUBLICATION OF 

THE FINAL RULE IN THE FEDERAL 

REGISTER] must install and use 

automatic leak detection systems within 

30 days of the appliance installation. 

(2) Owners and operators of 

refrigerant-containing appliances 

subject to paragraph (a) of this section 

installed before [DATE 60 DAYS AFTER 

DATE OF PUBLICATION OF THE 

FINAL RULE IN THE FEDERAL 

REGISTER] must install and use 

automatic leak detection systems by 

[DATE 1 YEAR AFTER DATE OF 

PUBLICATION OF THE FINAL RULE 

IN THE FEDERAL REGISTER]. 

(c) Automatic leak detection systems 

must be installed in accordance with 

manufacturer instructions. 

(d) Automatic leak detection systems 

must be audited and calibrated 

annually. 

(e) Automatic leak detection systems 

are required to monitor components 

located inside an enclosed building or 

structure. 

(f) For automatic leak detection 

systems that directly detect the presence 

of a refrigerant in air, the system must: 

(1) Have sensors or intakes placed so 

that they will continuously monitor the 

refrigerant concentrations in air in 

proximity to the compressor, 

evaporator, condenser, and other areas 

with a high potential for a refrigerant 

leak; 

(2) Accurately detect a concentration 

level of 10 parts per million of vapor of 

the specific refrigerant or refrigerants 

used in the refrigerant-containing 

appliance(s); and 

(3) Alert the owner or operator when 

a refrigerant concentration of 100 parts 

per million of vapor of the specific 

refrigerant or refrigerants used in the 

appliance(s) is reached. 

(g) For automatic leak detection 

systems that monitor conditions of the 

refrigerant-containing appliance, the 

system must automatically alert the 

owner or operator when measurements 

indicate a loss of 50 pounds of 

refrigerant or 10 percent of the full 

charge, whichever is less. 

(h) When an automatic leak detection 

system alerts an owner or operator of a 

leak as described in this paragraph 

owners and operators of refrigerantcontaining appliances using automatic 

leak detection systems must: 

(1) Calculate the leak rate within 30 

days (or 120 days where an industrial 

process shutdown would be necessary) 

of an alert and, if the leak rate is above 

the applicable leak rate as described in 

§ 84.106(c)(2), comply with the full suite 

of leak repair provisions in § 84.106; or 

(2) Preemptively repair the identified 

leak before adding refrigerant to the 

appliance and then calculate the leak 

rate within 30 days (or 120 days where 

an industrial process shutdown would 

be necessary) of an alert. If the leak rate 

is above the applicable leak rate as 

described in § 84.106(c)(2), the owner or 

operator must comply with the full suite 

of leak repair provisions in § 84.106. 

(3) Where a refrigerant-containing 

appliance using an automatic leak 

detection system is found to be leaking 

above the applicable leak rate as 

described in § 84.106(c)(2), and the 

automatic leak system is only being 

used to monitor portions of an 

appliance, the remainder of the 

appliance continues to be subject to any 

applicable leak inspection requirements, 

as described in § 84.106(g). 

(i) Recordkeeping. The owner or 

operator must maintain records for at 

least three years in electronic or paper 

format, unless otherwise specified, 

regarding: 

(1) The installation of the automatic 

leak detection system; 

(2) The annual audit and calibration 

of the system; 

(3) A record of each date the 

automatic leak detection system triggers 

an alert; and 

(4) The location of the leak. 

§ 84.110 Emissions from fire suppression 

equipment. 

(a) As of January 1, 2025, no person 

installing, servicing, repairing, or 

disposing of fire suppression equipment 

containing a regulated substance may 

knowingly vent or otherwise release 

into the environment any regulated 

substances used in such equipment. 

(1) Release of regulated substances 

during testing of fire suppression 

equipment is not subject to this 

prohibition under paragraph (a) of this 

section if the following four conditions 

are met: 

(i) Equipment employing suitable 

alternative fire suppression agents are 

not available; 

(ii) Release of fire suppression agent 

is essential to demonstrate equipment 

functionality; 

(iii) Failure of the system or 

equipment would pose great risk to 

human safety or the environment; and 

(iv) A simulant agent cannot be used 

in place of the regulated substance for 

testing purposes. 

(2) This prohibition under paragraph 

(a) of this section does not apply to 

qualification and development testing 

during the design and development 

process of fire suppression equipment 

containing regulated substances when 

such tests are essential to demonstrate 

equipment functionality and when a 

suitable simulant agent cannot be used 

in place of the regulated substance for 

testing purposes. 

(3) This prohibition does not apply to 

the emergency release of regulated 

substances for the legitimate purpose of 

fire extinguishing, explosion inertion, or 

other emergency applications for which 

the equipment were designed. 

(b) As of January 1, 2025, no owner 

or operator of fire suppression 

equipment containing regulated 

substances shall allow the release of 

regulated substances to occur as a result 

of failure to maintain such equipment. 

(c) As of January 1, 2025, recycled 

regulated substances must be used for 

the initial installation of new fire 

suppression equipment, including both 

total flooding systems and streaming 

applications, that is installed in the 

United States, and for the servicing and/ 

or repair of existing fire suppression 

equipment in the United States, 

including both total flooding systems 

and streaming applications. This 

requirement does not apply to onboard 

aerospace fire suppression applications 


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that qualify for application-specific 

allowances under regulations at § 84.13. 

(1) Any person using equipment to 

recover, store, and transfer regulated 

substances used in fire suppression 

equipment must evacuate equipment 

used to recover, store, and transfer 

regulated substances prior to each use to 

prevent contamination, arrange for 

destruction of the recovered regulated 

substances as necessary, and collect and 

dispose of wastes from recycling 

process. 

(2) Any person using recovery and 

recycling equipment to recover 

regulated substances from fire 

suppression equipment must (1) operate 

and maintain recovery and recycling 

equipment in accordance with 

manufacturer specifications to ensure 

that the equipment performs as 

specified; (2) repair leaks in storage, 

recovery, recycling, or charging 

equipment used with regulated 

substances before use; and (3) ensure 

that cross-contamination does not occur 

through the mixing of regulated 

substances that may be contained in 

similar cylinders. 

(d) Any person who employs fire 

suppression technicians who install, 

service, repair, or dispose of fire 

suppression equipment containing 

regulated substances shall train 

technicians hired on or before January 1, 

2025, on emissions reduction of 

regulated substances by June 1, 2025. 

Fire suppression technicians hired after 

January 1, 2025, shall be trained 

regarding emissions reduction of 

regulated substances within 30 days of 

hiring, or by June 1, 2025, whichever is 

later. 

(1) The fire suppression technician 

training shall cover an explanation of 

the purpose of the training requirement, 

including the significance of 

minimizing releases of HFCs and 

ensuring technician safety, (b) an 

overview of regulated substances and 

environmental concerns with regulated 

substances, including other federal, 

state, local, or Tribal fire, building, 

safety, and environmental codes and 

standards, (c) a review of relevant 

regulations concerning regulated 

substances, including the requirements 

of the regulated substances emissions 

reduction program for fire suppression 

equipment, and (d) specific technical 

instruction relevant to avoiding 

unnecessary emissions of regulated 

substances during the servicing, repair, 

disposal, or installation of fire 

suppression equipment at each 

individual facility. 

(2) [Reserved] 

(e) As of January 1, 2025, no person 

shall dispose of fire suppression 

equipment containing regulated 

substances except by recovering the 

regulated substances themselves or by 

arranging for the recovery of the 

regulated substances by a fire 

suppression equipment manufacturer, a 

distributor, or a fire suppressant 

recycler. 

(f) As of January 1, 2025, no person 

shall dispose of regulated substances 

used as a fire suppression agent except 

by sending it for recycling to a fire 

suppressant recycler or a reclaimer 

certified under 40 CFR 82.164, or by 

arranging for its destruction using one of 

the controlled processes listed in 

§ 84.29. 

(g) Recordkeeping and reporting. (1) 

As of January 1, 2025, any person who 

performs first fill of fire suppression 

equipment, service (e.g., recharge) of fire 

suppression equipment and/or recycles 

regulated substances recovered from fire 

suppression equipment, such as 

equipment manufacturers, distributors, 

agent suppliers or installers that recycle 

regulated substances must submit a 

report to EPA annually by February 14th 

of each year (covering prior year’s 

activity from January 1 through 

December 31): the quantity of material 

(the combined mass of regulated 

substance and contaminants) by 

regulated substance broken out by sold, 

recovered, recycled, and virgin for the 

purpose of installation of new 

equipment and servicing and/or repair 

of existing fire suppression equipment; 

the total mass of each regulated 

substance broken out by sold, recovered, 

recycled, and virgin; and the total mass 

of waste products sent for disposal, 

along with information about the 

disposal facility if waste is not 

processed by the reporting entity. Such 

records must be maintained for three 

years in either electronic or paper 

format. 

(2) As of January 1, 2025, any person 

who employs fire suppression 

technicians who service, repair, install, 

or dispose of fire suppression 

equipment containing regulated 

substances must maintain an electronic 

or paper copy of the fire suppression 

technician training used, and make 

available to EPA upon request a copy of 

the training. These entities must 

document that they have provided 

training to personnel and must maintain 

these records for three years in either 

electronic or paper format. 

(3) As of January 1, 2025, owners and 

operators of fire suppression equipment 

containing regulated substances must 

maintain records documenting that 

regulated substances are recovered from 

the fire suppression equipment before it 

is sent for disposal, either by recovering 

the regulated substances themselves 

before sending the equipment for 

disposal or by leaving the regulated 

substances in the equipment and 

sending it for disposal to a facility, such 

as a fire suppression equipment 

manufacturer, distributor, or a fire 

suppressant recycler. Such records must 

be maintained for three years in either 

electronic or paper format. 

§ 84.112 Reclamation. 

(a) No person may sell, identify, or 

report refrigerant as being reclaimed for 

use in the installation, servicing, or 

repair of refrigerant-containing 

equipment if the regulated substance 

component of the resulting refrigerant 

contains more than 15 percent, by 

weight, of virgin regulated substance. 

(b) No person may sell, identify, or 

report refrigerant as being reclaimed if 

it contains any recovered regulated 

substance that has not had bona fide use 

in equipment, unless that refrigerant 

was removed from the heel or residue of 

a container that had a bona fide use in 

the servicing, repair, or installation of 

refrigerant-containing equipment. 

(c) Labeling. As of January 1, 2026, 

reclaimers certified under 40 CFR 

82.164 must affix a label to any 

container being sold or distributed or 

offered for sale or distribution that 

contain reclaimed regulated substances 

to certify that the contents do not 

exceed 15 percent, by weight, of virgin 

regulated substances. 

(1) The label must read: ‘‘The contents 

of this container do exceed the limit on 

virgin regulated substance per 40 CFR 

84.112(a).’’ 

(2) The label must be: 

(i) In English; 

(ii) Durable and printed or otherwise 

labeled on, or affixed to, an external 

surface of the container; 

(iii) Readily visible and legible; 

(iv) Able to withstand open weather 

exposure without a substantial 

reduction in visibility or legibility; and 

(v) Displayed on a background of 

contrasting color. 

(d) Recordkeeping. As of January 1, 

2026, reclaimers certified under 40 CFR 

82.164 must generate a record to certify 

that the reclaimed regulated substances 

being used to fill a container that will 

be sold or distributed or offered for sale 

or distribution do not exceed 15 

percent, by weight, of virgin regulated 

substances. 

(1) The record must be generated 

electronically, in a format specified by 

EPA. 

(2) The record must contain the 

following information: 

(i) the name, address, contact person, 

email address, and phone number of the 

reclaimer certified under 40 CFR 82.164; 


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(ii) the date the container was filled 

with reclaimed regulated substance(s); 

(iii) the amount and name of the 

regulated substance(s) in the 

container(s); 

(iv) certification that the contents of 

the container are from a batch where the 

amount of virgin regulated substances 

does not exceed 15 percent, by weight, 

of the total regulated substances; 

(v) the unique serial number 

associated with the container(s) filled 

from the batch; 

(vi) identification of the batch of 

reclaimed regulated substances used to 

fill the container(s); and 

(vii) the percent, by weight, of virgin 

regulated substance(s) in the batch used 

to fill the container(s). 

(3) The record must be maintained by 

the reclaimer certified under 40 CFR 

82.164 for three years. 

(e) As of January 1, 2028, reclaimed 

refrigerant must be used for the initial 

charge, whether charged in a factory or 

in the field, for new refrigerantcontaining equipment that is installed 

in the United States in the following 

subsectors, if the refrigerant-containing 

equipment being charged uses a 

refrigerant that contains a regulated 

substance: 

(1) Residential and light commercial 

air conditioning and heat pumps; 

(2) Cold storage warehouses; 

(3) Industrial process refrigeration; 

(4) Stand-alone retail food 

refrigeration; 

(5) Supermarkets; 

(6) Refrigerated transport; and 

(7) Automatic commercial ice makers. 

(f) As of January 1, 2028, reclaimed 

refrigerant must be used when servicing 

and/or repairing refrigerant-containing 

equipment in the following subsectors, 

if the refrigerant-containing equipment 

serviced and/or repaired uses a 

refrigerant that contains a regulated 

substance: 

(1) Stand-alone retail food 

refrigeration; 

(2) Supermarket systems; 

(3) Refrigerated transport; and 

(4) Automatic commercial ice makers. 

§ 84.114 Exemptions. 

(a) The regulations under this subpart 

do not apply to a regulated substance or 

a substitute for a regulated substance 

that is contained in a foam. 

(b) [Reserved] 

§ 84.116 Requirements for disposable 

cylinders. 

(a) As of January 1, 2025, any person 

who uses a disposable cylinder must 

send such disposable cylinder to either 

a reclaimer certified under 40 CFR 

82.164 or fire suppressant recycler, 

consistent with the requirements in 

paragraph (b) of this section, for its 

remaining contents to be removed, 

when: 

(1) The disposable cylinder contains a 

regulated substance; 

(2) The disposable cylinder was used 

in the servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment; and 

(3) The person does not intend to use 

the disposable cylinder in future 

servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment. 

(b) Disposable cylinders that meet the 

criteria in paragraphs (a)(1), (2), and (3) 

of this section must be sent to: 

(1) A reclaimer certified under 40 CFR 

82.164, if the disposable cylinder was 

used in the servicing, repair, or 

installation of refrigerant-containing 

equipment, or 

(2) A fire suppressant recycler, if the 

disposable cylinder was used in the 

servicing, repair, or installation of fire 

suppression equipment. 

(c) As of January 1, 2025, a reclaimer 

certified under 40 CFR 82.164 or a fire 

suppressant recycler who receives a 

disposable cylinder meeting the criteria 

in paragraphs (a)(1), (2), and (3) of this 

section must remove all remaining 

contents from the disposable cylinder 

prior to disposal. 

(d) Small cans of refrigerant that 

contain no more than two pounds of 

refrigerant and that qualify for the 

exemption described in 40 CFR 

82.154(c)(1)(ix) are not required to be 

sent to a reclaimer certified under 40 

CFR 82.164 and such small cans are not 

required to have remaining regulated 

substance removed from them prior to 

disposal. 

§ 84.118 Container tracking system. 

(a) Scope and applicability. Machinereadable tracking identifiers may only 

be generated by a person that produces, 

imports, reclaims, recycles for fire 

suppression use, repackages, or fills into 

a container regulated substances for 

distribution or sale in U.S. commerce 

that could be used in servicing, repair, 

or installation of refrigerant-containing 

equipment or fire suppression 

equipment and that reports to EPA 

consistent with paragraph (d) of this 

section. All containers of regulated 

substances that enter U.S. commerce 

and that could be used in servicing, 

repair, or installation of refrigerantcontaining equipment or fire 

suppression equipment, with the 

limited exceptions described in 

paragraph (b)(4) of this section, must 

have a machine-readable tracking 

identifier affixed to them on the 

following schedule: 

(1) As of January 1, 2025, all 

containers of regulated substances 

imported and all containers sold or 

distributed or offered for sale or 

distribution by producers and importers 

that could be used in servicing, repair, 

or installation of refrigerant-containing 

equipment or fire suppression 

equipment must have a machinereadable tracking identifier affixed on 

them. 

(2) As of January 1, 2026, all 

containers of regulated substances filled 

and all containers sold or distributed or 

offered for sale or distribution that 

could be used in servicing, repair, or 

installation of refrigerant-containing 

equipment or fire suppression 

equipment by all other repackagers and 

cylinder fillers in the United States not 

included in paragraph (a)(1) of this 

section, including reclaimers and fire 

suppressant recyclers, must have a 

machine-readable tracking identifier 

affixed on them. 

(3) As of January 1, 2027, every 

container of regulated substances that 

could be used in servicing, repair, or 

installation of refrigerant-containing 

equipment or fire suppression 

equipment sold or distributed, offered 

for sale or distribution, purchased or 

received, or attempted to be purchased 

or received must have a machinereadable tracking identifier affixed on 

them. 

(b) Prohibitions. Every kilogram of 

regulated substances that could be used 

in servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment that is sold or 

distributed, offered for sale or 

distribution, purchased or received, or 

attempted to be purchased or received 

in violation of this section is a separate 

violation of this subpart. Sale or 

distribution, offer for sale or 

distribution, purchase or receipt, or 

attempt to purchase or receive less than 

one kilogram of regulated substances in 

violation of this section is a separate 

violation of this subpart. 

(1) No person may sell or distribute, 

or offer for sale or distribution, and no 

person may purchase or receive, or 

attempt to purchase or receive, a 

container of regulated substance(s) that 

could be used in servicing, repair, or 

refrigerant-containing equipment or fire 

suppression installation of equipment 

unless the container has a valid 

machine-readable tracking identifier 

affixed on it. 

(2) No person may sell or distribute, 

or offer for sale or distribution, 

regulated substances that could be used 

in servicing, repair, or installation of 


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refrigerant-containing equipment or fire 

suppression equipment unless that 

person is registered with EPA consistent 

with paragraph (d) of this section. 

(3) No person may purchase or 

receive, or attempt to purchase or 

receive, regulated substances that could 

be used in servicing, repair, or 

installation of refrigerant-containing 

equipment or fire suppression 

equipment from a person that is not 

registered with EPA consistent with 

paragraph (d) of this section; 

(4) The following situations are 

exempt from the prohibitions in 

paragraphs (b)(1) through (3) of this 

section: 

(i) The regulated substances were 

recovered from a motor vehicle air 

conditioner (MVAC) or MVAC-like 

appliance in accordance with 40 CFR 

part 82, subpart B and are sold or 

distributed or offered for sale or 

distribution by the same person who 

recovered the regulated substances for 

use only in MVAC equipment or MVAClike appliances. 

(ii) The regulated substances were 

previously used, have been recovered 

from refrigerant-containing equipment 

or fire suppression equipment, and are 

intended for reclamation or fire 

suppressant recycling; and 

(A) The person selling or distributing 

the regulated substances certifies in 

writing to the person purchasing or 

receiving the regulated substances that 

they were recovered from refrigerantcontaining equipment or fire 

suppression equipment and provides 

the date of recovery; and 

(B) The person purchasing or 

receiving the regulated substances is an 

EPA-certified reclaimer, a registered fire 

suppressant recycler consistent with 

paragraph (d) of this section, or a 

registered supplier of regulated 

substances consistent with paragraph 

(d) of this section. 

(iii) The regulated substances are 

contained in small cans of refrigerant 

that contain no more than two pounds 

of refrigerant and that qualify for the 

exemption described in 40 CFR 

82.154(c)(1)(ix). 

(iv) The regulated substances are 

intended solely for uses other than in 

refrigerant-containing equipment or fire 

suppression equipment. 

(c) Required practices. The following 

practices are required, unless listed in 

paragraph (b)(4) of this section: 

(1) Any person producing, importing, 

reclaiming, recycling for fire 

suppression uses, repackaging, selling 

or distributing, or offering to sell or 

distribute regulated substances that 

could be used in servicing, repair, or 

installation of refrigerant-containing or 

fire suppression equipment must 

register with EPA consistent with 

paragraph (d) of this section. 

(2) Any person who imports, sells, or 

distributes, or offers for sale or 

distribution a container of regulated 

substance or reclaimed regulated 

substance that could be used in 

servicing, repair, or installation of any 

refrigerant-containing or fire 

suppression equipment, or recycled 

regulated substances that could be used 

in servicing, repair, or installation of fire 

suppression equipment, must 

permanently affix a machine-readable 

tracking identifier to the container using 

the standards defined by EPA prior to 

the import, sale or distribution, or offer 

for sale or distribution of the container. 

For the purposes of this section, 

examples of when a container of 

regulated substances, reclaimed 

regulated substances, or recycled 

regulated substances is imported, sold 

or distributed, or offered for sale or 

distribution include the date of 

importation (consistent with 19 CFR 

101.1) and departure from a production, 

reclamation, fire suppressant recycling, 

repackaging or filling facility. 

(3) At the time of sale or distribution 

or offer for sale or distribution, a person 

selling or distributing or offering for sale 

or distribution a container of regulated 

substance that could be used in 

servicing, repair, or installation of 

refrigerant-containing or fire 

suppression equipment must ensure 

there is a valid and legible machinereadable tracking identifier on each 

container of regulated substance, scan 

the machine-readable tracking identifier 

to identify a transaction, identify the 

person receiving the regulated 

substance, and indicate whether the 

person receiving the regulated substance 

is a supplier or final customer. 

(4) At the time of sale or distribution, 

a person taking ownership of a 

container of regulated substance that is 

a registered supplier must ensure there 

is a valid and legible machine-readable 

tracking identifier on each container of 

regulated substance and scan the 

machine-readable tracking identifier in 

the tracking system to identify a 

transaction. 

(d) Recordkeeping and reporting. 

(1) Importers. Any person importing a 

container of regulated substance that 

could be used in servicing, repair, or 

installation of refrigerant-containing or 

fire suppression equipment must enter 

the following information in the 

tracking system to generate a machinereadable tracking identifier for each 

container of regulated substance 

imported: the name or brand the 

regulated substance is being sold and/or 

marketed under, the date it was 

imported, the unique serial number 

associated with the container, the size of 

the container, the amount and name of 

the regulated substance(s) in the 

container, the name, address, contact 

person, email address, and phone 

number of the responsible party at the 

facility where the container of regulated 

substance(s) was filled, the entry 

number and entry line number 

associated with the import, and 

certification that the contents of the 

container match the substance(s) 

identified on the label. 

(2) Reclaimers. Any person filling a 

container with a reclaimed regulated 

substance that could be used in 

servicing, repair, or installation of 

refrigerant-containing equipment must 

enter the following information in the 

tracking system to generate a machine 

readable-tracking identifier for each 

container of regulated substance sold or 

distributed or offered for sale or 

distribution: the name or brand the 

regulated substance is being sold and/or 

marketed under, when the regulated 

substance was reclaimed and by whom, 

the date the reclaimed regulated 

substance was put into a container, the 

unique serial number associated with 

the container, the size of the container, 

the amount and name of the regulated 

substance(s) in the container, 

certification that the contents of the 

container match the substance(s) 

identified on the label, and certification 

that the purity of the batch was 

confirmed to meet the specifications in 

appendix A to 40 CFR part 82, subpart 

F. If a container is filled with reclaimed 

and virgin regulated substance(s), the 

reclaimer must provide the amount of 

virgin regulated substance included in 

the container and that the contents of 

the container are certified per 

§ 84.112(d). 

(3) Fire suppressant recyclers. Any 

person filling a container with a 

recycled regulated substance that could 

be used in servicing, repair, or 

installation of fire suppression 

equipment must enter the following 

information in the tracking system to 

generate a machine-readable tracking 

identifier for each container of regulated 

substance sold or distributed or offered 

for sale or distribution: the name or 

brand the regulated substance is being 

sold and/or marketed under, the date 

the container was filled and by whom, 

the unique serial number associated 

with the container, the size of the 

container, certification that the contents 

of the container match the substance(s) 

identified on the label, and the amount 

and name of the regulated substance(s) 

in the container. If a container is filled 


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with recycled and virgin regulated 

substance(s), the recycler must provide 

the amount of virgin regulated 

substance included in the container. 

(4) Producers and repackagers. 

Anyone who is filling a container, 

whether for the first time after 

production or when transferring 

regulated substances from one container 

to one or more smaller or larger 

containers, must enter information in 

the tracking system and generate a 

machine-readable tracking identifier for 

the container(s) of packaged regulated 

substances that could be used in 

servicing, repair, or installation of 

refrigerant-containing equipment or fire 

suppression equipment that are sold or 

distributed or offered for sale or 

distribution: the name or brand the 

regulated substance is being sold and/or 

marketed under, the date the container 

was filled and by whom, the unique 

serial number associated with the 

container, the amount and name of the 

regulated substance(s) in the container, 

the quantity of containers it was 

packaged in, the size of the containers, 

certification that the contents of the 

container match the substance(s) 

identified on the label, and the name, 

address, contact person, email address, 

and phone number of the responsible 

party at the facility where the 

container(s) were filled. 

(5) Machine-readable tracking 

identifier generators registration. Any 

person who produces, imports, 

reclaims, recycles for fire suppression 

uses, repackages or fills a container of 

regulated substances or reclaimed 

regulated substances that could be used 

in servicing, repair, or installation of 

refrigerant-containing equipment or 

recycled regulated substances that could 

be used in the servicing, repair, or 

installation of fire suppression 

equipment must register with EPA in 

the tracking system no later than the 

first time they would be required to 

generate a machine-readable tracking 

identifier. The registration information 

provided must contain the name and 

address of the company, contact 

information for the owner of the 

company, the date(s) of and State(s) in 

which the company is incorporated and 

State license identifier(s), the address of 

each facility that sells or distributes or 

offers for sale or distribution regulated 

substances, and how the company 

introduces regulated substances into 

U.S. commerce. If any of the registration 

information changes, these reports must 

be updated and resubmitted within 60 

days of the change. 

(6) Supplier registration. Any person 

who sells, distributes, or offers for sale 

or distribution, regulated substances 

that could be used in the servicing, 

repair, or installation of refrigerantcontaining equipment or fire 

suppression equipment must register 

with EPA in the tracking system no later 

than first time the person would be 

required to update tracking information 

in the system. The registration 

information provided must contain the 

name and address of the company, 

contact information for the owner of the 

company, the date(s) of and State(s) in 

which the company is incorporated and 

State license identifier(s), and the 

address of each facility that sells or 

distributes regulated substances. If any 

of the registration information changes, 

these reports must be updated and 

resubmitted within 60 days of the 

change. 

§ 84.120 Container tracking of used 

cylinders. 

(a) Scope and applicability. Cylinders 

that contain regulated substances and 

that have been used in the servicing, 

repair, or installation of refrigerantcontaining equipment or fire 

suppression equipment and that have a 

machine-readable tracking identifier 

affixed on them are subject to the 

following tracking requirements, as 

applicable, as of January 1, 2026: 

(1) Any person receiving a cylinder 

subject to requirements under paragraph 

(a) of this section must be registered in 

the tracking system no later than the 

first time they would be required to 

update information in the tracking 

system. 

(2) [Reserved] 

(b) Disposable cylinders. (1) 

Reclaimers and fire suppressant 

recyclers. 

(i) Upon receipt of a disposable 

cylinder meeting the applicability 

criteria in paragraph (a) of this section, 

reclaimers certified under 40 CFR 

82.164 and fire suppressant recyclers 

must scan the machine-readable 

tracking identifier affixed to the 

cylinder and update the following 

information in the tracking system: the 

date the disposable cylinder was 

received and the name, address, contact 

person, email address, and phone 

number of the person who sent the 

disposable cylinder. 

(ii) Upon removal of any remaining 

regulated substance from the disposable 

cylinder meeting the applicability 

criteria in paragraph (a) of this section, 

reclaimers certified under 40 CFR 

82.164 and fire suppressant recyclers 

must scan the machine-readable 

tracking identifier affixed to the 

cylinder and update the following 

information in the tracking system: the 

date that the regulated substances were 

removed from the disposable cylinder; 

certification that all regulated 

substances were removed; and the 

amount and name of the removed 

regulated substance(s). 

(2) Suppliers. (i) Upon receipt of a 

disposable cylinder meeting the 

applicability criteria in paragraph (a) of 

this section, distributors and 

wholesalers must scan the machinereadable tracking identifier affixed to 

the cylinder and update the following 

information in the tracking system: the 

date the disposable cylinder was 

received and the name, address, contact 

person, email address, and phone 

number of the person who sent the 

disposable cylinder. 

(ii) [Reserved] 

(c) Refillable cylinders. (1) 

Exemptions. 

(i) Refillable cylinders that contain 

only regulated substances that were 

previously used and have been 

recovered refrigerant-containing 

equipment or fire suppression 

equipment and are intended for 

reclamation or fire suppressant 

recycling are exempt from the 

requirements under this section. 

(ii) [Reserved] 

(2) Reclaimers and fire suppressant 

recyclers. 

(i) Upon receipt of a refillable 

cylinder meeting the applicability 

criteria in paragraph (a) of this section, 

reclaimers certified under 40 CFR 

82.164 and fire suppressant recyclers 

must scan the machine-readable 

tracking identifier affixed to the 

cylinder and update the following 

information in the tracking system: the 

date the refillable cylinder was received 

and the name, address, contact person, 

email address, and phone number of the 

person who sent the refillable cylinder. 

(ii) Upon removal of any remaining 

regulated substance from the refillable 

cylinder meeting the applicability 

criteria in paragraph (a) of this section, 

reclaimers certified under 40 CFR 

82.164 and fire suppressant recyclers 

must scan the machine-readable 

tracking identifier affixed to the 

cylinder and update the following 

information in the tracking system: the 

date the remaining regulated substance 

was removed from the refillable 

cylinder, certification that all remaining 

regulated substances were removed, and 

the amount and name of the removed 

regulated substance. 

(3) Suppliers. (i) Upon receipt of a 

refillable cylinder meeting the 

applicability criteria in paragraph (a) of 

this section, distributors and 

wholesalers must scan the machinereadable tracking identifier affixed to 

the cylinder and update the following 


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information in the tracking system: the 

date the refillable cylinder was received 

and the name, address, contact person, 

email address, and phone number of the 

person who sent the refillable cylinder. 

(ii) [Reserved] 

(4) Any person, other than those 

meeting the requirements per 

paragraphs (c)(2)(i) and (ii) of this 

section, who refills a refillable cylinder 

with regulated substances or a blend 

containing regulated substances, is 

subject to the following requirements: 

(i) Upon receipt of a refillable 

cylinder meeting the applicability 

criteria in paragraph (a) of this section, 

any person as described per paragraph 

(c)(4) of this section must scan the 

machine-readable tracking identifier 

affixed to the cylinder and update the 

following information in the tracking 

system: the date the refillable cylinder 

was received and the name, address, 

contact person, email address, and 

phone number of the person who sent 

the refillable cylinder. 

(ii) Upon removal of any remaining 

regulated substance from the refillable 

cylinder meeting the applicability 

criteria in paragraph (a) of this section, 

any person as described per paragraph 

(c)(4) of this section must scan the 

machine-readable tracking identifier 

affixed to the cylinder and update the 

following information in the tracking 

system: the date the remaining regulated 

substances were removed from the 

refillable cylinder; and the amount and 

name of the removed regulated 

substance(s). 

(iii) Upon refilling a refillable 

cylinder, without removing the 

remaining amount of regulated 

substances, meeting the applicability 

criteria in paragraph (a) of this section 

with additional regulated substance or a 

blend containing a regulated substance, 

any person as described per paragraph 

(c)(4) of this section must scan the 

machine-readable tracking identifier 

affixed to the cylinder and update the 

following information in the tracking 

system: the date the refillable cylinder 

is refilled; and the amount and the name 

of the regulated substance(s) that 

remained in the refillable cylinder 

before it was refilled. 

(d) Small cans of refrigerant that 

contain no more than two pounds of 

regulated substances and that qualify for 

the exemption at 40 CFR 82.154(c)(1)(ix) 

are exempt from the tracking 

requirements under this section. 

§ 84.122 Treatment of data submitted 

under 40 CFR part 84, subpart C. 

(a) Except as otherwise provided in 

this section, 40 CFR 2.201 through 2.215 

and 2.301 do not apply to data 

submitted under this subpart that EPA 

has determined through rulemaking to 

be either of the following: 

(1) Emission data, as defined in 40 

CFR 2.301(a)(2), determined in 

accordance with section 114(c) and 

307(d) of the Clean Air Act; or 

(2) Data not otherwise entitled to 

confidential treatment. 

(b) Except as otherwise provided in 

paragraph (d) of this section, 40 CFR 

2.201 through 2.208 and 2.301(c) and (d) 

do not apply to data submitted under 

this subpart that EPA has determined 

through rulemaking to be entitled to 

confidential treatment. EPA shall treat 

that information as confidential in 

accordance with the provisions of 40 

CFR 2.211, subject to paragraph (d) of 

this section and 40 CFR 2.209. 

(c) Upon receiving a request under 5 

U.S.C. 552 for data submitted under this 

subpart that EPA has determined 

through rulemaking to be entitled to 

confidential treatment, the relevant 

Agency official shall furnish the 

requestor a notice that the information 

has been determined to be entitled to 

confidential treatment and that the 

request is therefore denied. The notice 

shall include or cite to the appropriate 

EPA determination. 

(d) A determination made through 

rulemaking that information submitted 

under this subpart is entitled to 

confidential treatment shall continue in 

effect unless, subsequent to the 

confidentiality determination through 

rulemaking, EPA takes one of the 

following actions: 

(1) EPA determines through a 

subsequent rulemaking that the 

information is emission data or data not 

otherwise entitled to confidential 

treatment; or 

(2) The Office of General Counsel 

issues a final determination, based on 

the requirements of 5 U.S.C. 552(b)(4), 

stating that the information is no longer 

entitled to confidential treatment 

because of change in the applicable law 

or newly discovered or changed facts. 

Prior to making such final 

determination, EPA shall afford the 

business an opportunity to submit 

comments on pertinent issues in the 

manner described by 40 CFR 2.204(e) 

and 2.205(b). If, after consideration of 

any timely comments submitted by the 

business, the Office of General Counsel 

makes a revised final determination that 

the information is not entitled to 

confidential treatment, the relevant 

agency official will notify the business 

in accordance with the procedures 

described in 40 CFR 2.205(f)(2). 

§ 84.124 Relationship to other laws. 

Section (k) of the AIM Act states that 

sections 113, 114, 304, and 307 of the 

Clean Air Act (42 U.S.C. 7413, 7414, 

7604, 7607) shall apply to this section 

and any rule, rulemaking, or regulation 

promulgated by the Administrator 

pursuant to this section as though this 

section were expressly included in title 

VI of that Act (42 U.S.C. 7671 et seq.). 

Violation of this part is subject to 

Federal enforcement and the penalties 

laid out in section 113 of the Clean Air 

Act. 

PART 261—IDENTIFICATION AND 

LISTING OF HAZARDOUS WASTE 

■ 3. The authority citation for part 261 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6921, 

6922, 6924(y) and 6938. 

Subpart A—General 

■ 4. In § 261.6, revise paragraph (a)(2) 

and add paragraph (a)(2)(v) to read as 

follows: 

§ 261.6 Requirements for recyclable 

materials. 

(a) * * * 

(2) The following recyclable materials 

are not subject to the requirements of 

this section but are regulated under 

subparts C through Q of part 266 of this 

chapter and all applicable provisions in 

parts 268, 270, and 124 of this chapter. 

* * * * * 

(v) Ignitable spent refrigerants 

recycled for reuse (40 CFR part 266, 

subpart Q). 

* * * * * 

Subpart M—Emergency Preparedness 

and Response for Management of 

Excluded Hazardous Secondary 

Materials 

■ 5. In § 261.400, revise the introductory 

text and add paragraph (c) to read as 

follows: 

§ 261.400 Applicability. 

The requirements of this subpart 

apply to those areas of an entity 

managing hazardous secondary 

materials excluded under § 261.4(a)(23), 

(a)(24), and/or, for ignitable spent 

refrigerants, regulated under the 

alternative standards at § 266 subpart Q, 

where hazardous secondary materials 

are generated or accumulated on site. 

* * * * * 

(c) Reclamation facilities receiving 

refrigerant from off-site to be recycled 

for reuse under § 266 subpart Q must 

comply with §§ 261.410 and 261.420. 


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PART 262—STANDARDS APPLICABLE 

TO GENERATORS OF HAZARDOUS 

WASTE 

■ 6. The authority citation for part 262 

continues to read as follows: 

Authority: 42 U.S.C. 6906, 6912, 6922– 

6925, 6937, 6938 and 6939g. 

Subpart A—General 

■ 7. In § 262.14, revise paragraph 

(a)(5)(vi) to read as follows: 

§ 262.14 Conditions for exemption for a 

very small quantity generator. 

(a) * * * 

(5) * * * 

(vi) A facility which: 

(A) Beneficially uses or reuses, or 

legitimately recycles or reclaims its 

waste; or 

(B) Treats its waste prior to beneficial 

use or reuse, or legitimate recycling or 

reclamation; and 

(C) For ignitable spent refrigerants 

regulated under part 266 subpart Q, 

meets the requirements of that subpart; 

or 

* * * * * 

PART 266—STANDARDS FOR THE 

MANAGEMENT OF SPECIFIC 

HAZARDOUS WASTES AND SPECIFIC 

TYPES OF HAZARDOUS WASTE 

MANAGEMENT FACILITIES 

■ 8. The authority citation for part 266 

continues to read as follows: 

Authority: 42 U.S.C. 1006, 2002(a), 3001– 

3009, 3014, 3017, 6905, 6906, 6912, 6921, 

6922, 6924–6927, 6934, and 6937. 

■ 9. Add to part 266, subpart Q 

consisting of §§ 266.600 through 

266.602 to read as follows: 

Subpart Q—Ignitable Spent 

Refrigerants Recycled for Reuse 

Sec. 

266.600 Purpose and applicability. 

266.601 Definitions for this subpart. 

266.602 Standards for facilities that recycle 

ignitable spent refrigerant for reuse 

under this subpart. 

§ 266.600 Purpose and applicability. 

(a) The purpose of this subpart is to 

reduce emissions of ignitable spent 

refrigerants to the lowest achievable 

level by maximizing the recovery and 

safe recycling for reuse of such 

refrigerants during the maintenance, 

service, repair, and disposal of 

appliances. 

(b) The requirements of this subpart 

operate in lieu of parts 262 through 270 

and apply to lower flammability spent 

refrigerants, as defined in § 266.601, 

where the refrigerant exhibits the 

hazardous waste characteristic of 

ignitability per § 261.21 and is being 

recycled for reuse in the U.S. 

(c) These requirements do not apply 

to other ignitable spent refrigerants. 

Ignitable spent refrigerants not subject 

to this subpart are subject to all 

applicable requirements of parts 262 

through 270 when recovered (i.e., 

removed from an appliance and stored 

in an external container) and/or 

disposed of. 

§ 266.601 Definitions for this subpart. 

For the purposes of this subpart, the 

following terms have the meanings 

given below: 

(a) Refrigerant has the same meaning 

as defined in 40 CFR 82.152. 

(b) Recycle for reuse, when referring 

to an ignitable spent refrigerant, means 

to process the refrigerant to remove 

contamination and prepare it to be used 

again. ‘‘Recycle for reuse’’ does not 

include recycling that involves burning 

for energy recovery or use in a manner 

constituting disposal as defined in 

§ 261.2(c), or sham recycling as defined 

in § 261.2(g). 

(c) Lower flammability spent 

refrigerant means a spent refrigerant 

that does not have a flammability 

classification of 3 (highly flammable) 

under the most recent edition of ANSI/ 

ASHRAE Standard 34 Designation and 

Safety Classification of Refrigerants. 

§ 266.602 Standards for facilities that 

recycle ignitable spent refrigerant for reuse 

under this subpart. 

(a) Persons who recycle ignitable 

spent refrigerants for reuse either on-site 

for further use in equipment of the same 

owner, or in compliance with motor 

vehicle air conditioner (MVAC) 

standards in 40 CFR part 82, subpart B 

must: 

(1) Recover (i.e., remove from an 

appliance and store in an external 

container) and/or recycle for reuse the 

ignitable spent refrigerant using 

equipment that is certified for that type 

of refrigerant and appliance under 

§ 82.36 and 82.158; and 

(2) Not speculatively accumulate the 

ignitable spent refrigerant per § 261.1(c). 

(b) Persons receiving refrigerant from 

off-site to be recycled for reuse under 

this subpart must: 

(1) Maintain certification by EPA 

under § 82.164, 

(2) Meet the emergency preparedness 

and response requirements of 40 CFR 

part 261, subpart M; and 

(3) Not speculatively accumulate the 

ignitable spent refrigerant per § 261.1(c). 

PART 270—EPA ADMINISTERED 

PERMIT PROGRAMS: THE 

HAZARDOUS WASTE PERMIT 

PROGRAM 

■ 10. The authority citation for part 270 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912, 6924, 

6925, 6927, 6939, and 6974. 

Subpart A—General Information 

■ 11. In § 270.1, add paragraph (c)(2)(xi) 

to read as follows: 

§ 270.1 Purpose and scope of the 

regulations in this part. 

* * * * * 

(c) * * * 

(2) * * * 

(xi) Recyclers of ignitable spent 

refrigerants subject to regulation under 

40 CFR part 266, subpart Q. 

* * * * * 

PART 271—REQUIREMENTS FOR 

AUTHORIZATION OF STATE 

HAZARDOUS WASTE PROGRAMS 

■ 12. The authority citation for part 271 

continues to read as follows: 

Authority: 42 U.S.C. 6905, 6912(a), 6926, 

and 6939g. 

Subpart A—Requirements for Final 

Authorization 

■ 13. Amend § 271.1 by: 

■ a. In table 1 in paragraph (j)(2) adding 

the entry ‘‘[Date of publication of the 

final rule in the Federal Register]’’ in 

chronological order. 

■ b. In table 2 in paragraph (j)(2) adding 

the entry ‘‘[Date of publication of the 

final rule in the Federal Register]’’ in 

chronological order. 

The additions read as follows: 

§ 271.1 Purpose and scope. 

* * * * * 

(j) * * * 

(2) * * * 


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TABLE 1—REGULATIONS IMPLEMENTING THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 

Promulgation date Title of regulation Federal Register reference Effective date 

*******

[Date of publication of the final 

rule in the Federal Register].

Standards for the Management of 

Ignitable Spent Refrigerants Recycled for Reuse.

[Federal Register citation of the 

final rule].

[Date of publication of the final 

rule in the Federal Register]. 

1These regulations implement HSWA only to the extent that they apply to tank systems owned or operated by small quantity generators, establish leak detection requirements for all new underground tank systems, and establish permitting standards for underground tank systems that 

cannot be entered for inspection. 2These regulations, including test methods for benzo(k)fluoranthene and technical standards for drip pads, implement HSWA only to the extent 

that they apply to the listing of Hazardous Waste No. F032, and wastes that are hazardous because they exhibit the Toxicity Characteristic. 

These regulations, including test methods for benzo(k)fluoranthene and technical standards for drip pads, do not implement HSWA to the extent 

that they apply to the listings of Hazardous Waste Nos. F034 and F035. 3The following portions of this rule are not HSWA regulations: §§ 264.19 and 265.19 for final covers. 

4The following portions of this rule are not HSWA regulations: §§ 260.30, 260.31, 261.2. 

5These regulations implement HSWA only to the extent that they apply to the standards for staging piles and to §§ 264.1(j) and 264.101(d) of 

this chapter. 

TABLE 2—SELF-IMPLEMENTING PROVISIONS OF THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 

Effective date Self-implementing provision RCRA citation Federal Register reference 

*******

[Date of publication of the final rule in 

the Federal Register].

Standards for the Management of Ignitable Spent Refrigerants Recycled 

for Reuse.

3001(d)(4), 3004(n) [Federal Register citation of the final 

rule]. 

1 Note that the effective date was changed to Jan. 29, 1986 by the Nov. 29, 1985 rule. 

2 Note that the effective date was changed to Sept. 22, 1986 by the Mar. 24, 1986 rule. 

[FR Doc. 2023–22526 Filed 10–18–23; 8:45 am] 

BILLING CODE 6560–50–P 


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