EPA published the proposed hydrofluorocarbon (HFC)-based refrigerant management rule in the Federal Register on October 19, 2023 (Management of Certain Hydrofluorocarbons and Substitutes under Subsection (h) of the American Innovation and Manufacturing Act | US EPA). While the requirements for refrigerant leak repair are very similar to the requirements for ozone-depleting substances (ODS) in 40 CFR 82, Subpart F, EPA included some notable differences when regulating HFC refrigerants.
- Lowers the threshold for leak repair from 50 lb full charge to 15 lb full charge
- Pulls in all HFC refrigerants listed in Appendix A to 40 CFR 84 and all HFC substitutes with a global warming potential (GWP) greater than 53
- Mandates automatic leak detection (ALD) systems to be installed on commercial or industrial process refrigeration (IPR) appliances with full charges of 1,500 lb or greater
- Requires refrigerant cylinders to be tracked, including registration of all purchasers, sellers, and distributors and return of heels to reclaimers
- Requires the use of reclaimed HFCs in certain sectors and the use of recycled HFCs in fire suppression equipment
Since most HFC refrigerants, substitutes, and blends have GWPs over the proposed GWP threshold, repair would be required for nearly all appliances with 15 lb full charge or greater. Blends of HFC that still contain hydrochlorofluorocarbons (HCFCs) would be subject to both 40 CFR 82, Subpart F and the new HFC requirements within 40 CFR 84, Subpart C. Initial verification testing, follow-up verification testing, leak inspections, and chronic leaker reporting would also be required for HFC-containing appliances at the lower threshold level.
Some of these requirements, such as the installation of ALD systems, are similar to HFC regulations promulgated in individual states, such as California and Washington. Registration of entities to purchase refrigerant could affect any companies that employ certified technicians that make repairs requiring charging of the appliance.
Companies would have 60 days from final rule publication to implement the leak repair requirements for HFC appliances containing 50 lb or more. The requirements are almost exactly the same as the Subpart F rules that applied from January 2019 through April 2020, and many companies are still completing these repairs and calculations as a best management practice. The requirements for smaller appliances (down to 15 lb full charge) would become effective one year after the final rule is published.
Similarly, ALD system installation would be required for existing commercial or IPR equipment within one year of the date the final rule is published. Appliances installed on or after the effective date would require ALD system installation within 30 days of appliance installation.
Trinity is preparing a more detailed article regarding the specific changes to the leak repair provisions, along with a discussion of the use of reclaimed refrigerants and a discussion of the technology transition requirements proposed in a separate rulemaking on the same day (Protecting Our Climate by Reducing Use of HFCs | US EPA). This information will appear in a future edition of Trinity’s EHS Quarterly (Trinity Consultants).
If you would like to discuss HFC refrigerant management/leak repair and how the changes may impact your facility or need assistance making comments on the proposed rule, please email Jennifer Markwardt in Trinity’s St. Louis office or call 636.256.5652.
