December 6, 2024

New RCRA and CAA Rules for HFCs

[Note: links to new sections of the regulations below will not work until the December 10, 2024 effective date.]

On October 11, 2024, EPA finalized a two-part rule implementing sections of both the 2020 American Innovation and Manufacturing (AIM) Act and RCRA. [89 FR 82682] The first portion of the rule, implementing AIM Subsection (h), establishes an emissions reduction and reclamation program for managing hydrofluorocarbons (HFCs) and various substitutes. The provisions, promulgated in a new Part 84, Subpart C, address the following:

Appliance leak detection;
Automatic leak detection installation and use;
Limits on virgin HFCs blended into reclaimed HFC refrigerants;
Refrigeration, air conditioning, and heat pump servicing and repair;
Fire suppression equipment service, repair, disposal, and installation;
HFC removal from disposal cylinders before discarding; and,
Recordkeeping, reporting, and labeling.

Ignitable spent refrigerants recycled for reuse

The second portion of the rule, implementing RCRA Sections 3001(d)(4) and 3004(n), creates a new Part 266, Subpart Q, addressing the management of ignitable spent refrigerants recycled for reuse. Though EPA describes the new provisions as an “alternative” standard, it is not optional for facilities seeking to recycle ignitable spent refrigerants for reuse. [89 FR 82824] The agency has also provided answers to frequent questions on the rule. The purpose of the standard is to reduce emissions of ignitable spent refrigerants to the lowest achievable level by maximizing their recovery and safe recycling for reuse during appliance service, repair, and disposal. Subpart Q applies to lower flammability spent refrigerants that are ignitable under §261.21, and creates three standards based on four definitions.

Subpart Q definitions

Refrigerant has the same meaning as in §82.152, and means any substance, including blends and mixtures, consisting in part or whole of a class I or class II ozone-depleting substance or substitute that is used for heat transfer and provides a cooling effect. [§266.601(a)]
Ignitable spent refrigerant is a used refrigerant that can’t be reused without first being processed and is ignitable under §261.21. A used refrigerant that can be legitimately reused without processing is not a spent refrigerant. [§266.601(b)]
Recycle for reuse means processing the refrigerant to remove contamination and preparing it for use again. The term does not include recycling involving energy recovery, use constituting disposal, or sham recycling. [§266.601(c)]
Lower flammability spent refrigerant means a spent refrigerant that is not considered highly flammable (i.e., not classified as a Class 3 refrigerant by the American Society of Heating, Refrigerating and Air-Conditioning Engineers Standard 34-2002). Highly flammable refrigerants include but are not limited to butane, isobutane, methane, propane, and/or propylene. [§266.601(d); 89 FR 82684]

Subpart Q standards

Facilities recovering the refrigerants for reuse either for further use in equipment of the same owner, in compliance with the motor vehicle air conditioner provisions in Part 82, Subpart B, or that send the refrigerant offsite to be recycled for reuse must meet two requirements: 1) recover or recycle for reuse the refrigerant using equipment certified for that refrigerant and appliance under §82.36 and/or §82.158, and 2) not speculatively accumulate the refrigerant. [§266.602(a)]
Facilities receiving the refrigerant from offsite that are not 10-day transfer facilities, and that will not recycle the refrigerant for reuse, must meet the Part 261, Subpart M emergency preparedness and response requirements and not speculatively accumulate the refrigerant. If the refrigerant is recovered but not recycled for reuse (e.g., removed from an appliance), the facility must use equipment certified for that refrigerant and appliance under §82.36. [§266.602(b); 89 FR 82824]
Facilities receiving the refrigerant from offsite to be recycled for reuse must maintain EPA certification under §82.164 and meet the Part 261, Subpart M emergency preparedness and response requirements. The speculative accumulation provisions do not begin until the January 1, 2029 calendar year. [§266.602(c); 89 FR 82824]

Other changes and state authorization

Conforming changes have been made to Parts 261, 262, 270, and 271. Under §262.14(a)(5)(vi), a revision was made so VSQGs can send their ignitable spent refrigerants for recycling for reuse to facilities meeting EPA’s certification requirements in §82.164. The revision does not affect refrigerants not subject to Part 266, Subpart Q. While this change makes the regulations more stringent, VSQGs would not experience an additional burden as all reclaimers receiving used ozone-depleting substance refrigerants or non-exempt substitutes from offsite for reclamation must comply with §82.164. [89 FR 82826]

Subpart Q is limited to applicable refrigerants recycled for reuse in the United States. Therefore, imported refrigerants qualify for the standard, but exports would not. Such exported refrigerants must be managed under the full RCRA Subtitle C requirements. [89 FR 82826]

Because Subpart Q is promulgated under HSWA authority and makes the federal regulations more stringent, the provisions are effective in all states on December 10, 2024. EPA will enforce the provisions until authorized states modify their programs accordingly. [89 FR 82827]

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.