EPA adopts management requirements for equipment containing HFCs

Air_Pollution-1 Effective December 10, 2024, the US Environmental Protection Agency (EPA) adopted rules for the management of hydrofluorocarbons (HFCs) potentially released from equipment during maintenance or other services,

.. These rules support US efforts to implement the 2016 Kigali Amendment to the United Nations-sponsored Montreal Protocol on Substances that Deplete the Ozone Layer (which I wrote about HERE), and codified in the December 2020 coronavirus relief bill (American Innovation and Manufacturing Act of 2020 (AIM Act; which included dozens of unrelated provisions within its 5,593 pages). EPA adopted over-arching HFC phase-down rules in September 2021 (I wrote about them HERE), and continues to adjust and refine their requirements. These latest rules appear in a 191 page document in the Federal Register, finalizing (with revisions) most provisions in a proposal issued in October 2023 (which I wrote about HERE).The remainder of this note summarizes EPA’s new rules, which impose requirements using authority under the Clean Air Act (CAA) and the Resource Conservation and Recovery Act (RCRA).

What are HFCs and why are they being phased down?

HFCs were developed primarily as substitutes for chlorofluorocarbons (CFCs), which are the principal ozone depleting substances (ODSs) targeted by the Montreal Protocol. HFCs have lower but non-zero ozone depleting potential, and are also greenhouse gases (GHGs) that contribute to climate change. Accordingly, in 2016 roughly 200 national and international parties met in Kigali, Rwanda to complete negotiation of HFC phase-downs. Signatories (including the US) have committed to phased reductions to manufacturing and consumption of listed HFCs; enhanced HFC management requirements support these efforts.

What is EPA’s Emissions Reduction and Reclamation Program?

EPA is establishing HFC management standards and an Emissions Reduction and Reclamation Program intended to reduce HFC emissions from equipment such as air conditioner and refrigeration systems, and to maximize the volumes of HFCs that can be reclaimed. Detailed regulations address the following:

Requirements under CAA

Most of the new requirements appear in EPA’s CAA regulations, including:

Leak repair of appliances containing 15 pounds or more of a refrigerant with HFCs (and/or substitutes for HFCs with a global warming potential (GWP) above 53), with specific exceptions

Use of automatic leak detection (ALD) systems for specified new and existing appliances containing 1,500 pounds or more of a refrigerant with HFCs (and/or substitute with a global GWP above 53)

A reclamation standard limiting the amount of virgin HFCs in reclaimed HFC refrigerants

Use of reclaimed HFCs in targeted refrigeration, air conditioning, and heat pump (RACHP) subsectors, in the initial charge or installation of equipment and servicing and/or repair of existing equipment

Use of recycled HFCs in the initial charge or servicing and/or repair of fire suppression equipment;

Servicing, repair, disposal, or installation of fire suppression equipment that contains HFCs, to minimize HFC releases from that equipment, and requirements for technician training in the fire suppression sector;

Removal of HFCs from disposable cylinders before disposal; and

Recordkeeping, reporting, and labeling

Exemptions are available for specified “mission critical military end uses” and for onboard aerospace fire suppression.

EPA decided not to finalize proposed provisions for: container tracking of HFCs that could be used in the servicing, repair, and/or installation of refrigerant-containing equipment; and rules involving the use of reclaimed refrigerants and blends containing reclaimed refrigerants. These proposals remain open for future action.

Requirements under RCRA

EPA is also using its RCRA authority to set standards for a new sub-category of “ignitable spent refrigerants” when recycled for reuse.

What now?

These rules are final as of December 10, 2024, and compliance with most provision sis required as of January 1, 2026. Readers should note, however, that the incoming Trump Administration will able to reopen the rulemaking if it desires different outcomes (most obviously in response to petitions, if any are filed) – although as of this writing I have found no information about the new administration’s intentions.

Implementation Checklist

Does the organization own, operate, service, repair, recycle, dispose, or install equipment containing HFCs or their substitutes?

Does the organization recover, recycle, or reclaim HFCs or their substitutes?

Has the organization reviewed the regulations to determine whether it will be subject to any of these requirements, and if so how it will comply?

Where do I go for more information?

Information available via the Internet includes:

About the Author

jon_f_elliott Jon Elliott is President of Touchstone Environmental and has been a major contributor to STP’s product range for over 30 years.

Mr. Elliott has a diverse educational background. In addition to his Juris Doctor (University of California, Boalt Hall School of Law, 1981), he holds a Master of Public Policy (Goldman School of Public Policy [GSPP], UC Berkeley, 1980), and a Bachelor of Science in Mechanical Engineering (Princeton University, 1977).

Mr. Elliott is active in professional and community organizations. In addition, he is a past chairman of the Board of Directors of the GSPP Alumni Association, and past member of the Executive Committee of the State Bar of California's Environmental Law Section (including past chair of its Legislative Committee).

You may contact Mr. Elliott directly at: tei@ix.netcom.com

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