What You Need to Know: EPA’s Emissions Reduction and Reclamation Program for HFC Refrigerants

December 10, 2024, marked the beginning of the U.S. Environmental Protection Agency’s (EPA) Emissions Reduction and Reclamation (ER&R) Program for some hydrofluorocarbon (HFC) refrigerants and their substitutes.

The ER&R program is the latest in a series of programs that the EPA has enacted under the authority of the American Innovation and Manufacturing Act of 2020 (AIM Act) to handle HFC refrigerants. This program institutes regulations to maximize the reclamation of HFCs and their substitutes having a GWP (global warming potential) above certain limits; it also intends to minimize the release of HFCs from certain equipment.

The program encompasses not only the refrigeration, air conditioning and heat pumps sectors but also the fire suppression sector.

EPA Regulations on HFC Refrigerants

On October 11, 2024, the EPA published a final rule under subsection (h), “Management of Regulated Substances,” of the AIM Act, establishing the ER&R program. The program includes provisions that apply to both new and existing equipment and implements regulations that control practices, processes and activities related to the servicing, repair, disposal or installation of equipment that utilize certain HFCs and their substitutes.

The provisions cover:

• Leak repair for certain appliances 
• Use of automatic leak detection systems for certain new and existing appliances 
• A standard for reclaimed HFC refrigerants 
• Servicing and/or repair of certain refrigerant-containing equipment with reclaimed HFCs 
• Initial installation and servicing and/or repair of fire suppression equipment with recycled HFCs 
• Recovery of HFCs from disposable cylinders prior to disposal 
• Recordkeeping, reporting and labeling 

These regulations impact all entities that own, operate, service, repair, recycle, dispose of or install equipment containing HFCs or their substitutes, in addition to those that recover, recycle or reclaim HFCs or their substitutes.

Key Provisions in the EPA ER&R Program

Some of the key provisions found in the new regulations impact certain refrigeration, air conditioning and heat pump equipment.

These key provisions:

• Establish leak repair requirements for refrigerant-containing products with a full charge of 15 pounds or more of a refrigerant that contains an HFC, or a substitute for an HFC, with a GWP > 53 beginning January 1, 2026. Note that appliances in the residential and light commercial air conditioning and heat pumps sector are not included in these provisions 
• Require the installation and use of automatic leak detection (ALD) systems, within 30 days of appliance installation, for all NEW commercial and industrial process refrigeration appliances installed with a full charge size of 1,500 pounds or more that contain an HFC, or a substitute for an HFC, with a GWP > 53 beginning January 1, 2026 
• Require the installation and use of automatic leak detection (ALD) systems for existing commercial and industrial process refrigeration appliances installed on or after January 1, 2017, and before January 1, 2026, with a full charge size of 1,500 pounds or more that contain an HFC, or a substitute for an HFC, with a GWP > 53 beginning January 1, 2027 
• Limit reclaimed refrigerants to containing no more than 15%, by weight, of virgin HFCs beginning January 1, 2026 
• Require servicing and/or repair of certain refrigeration, air-conditioning, and heat pump equipment in supermarket systems, refrigerated transport, and automatic commercial ice makers with reclaimed HFCs beginning January 1, 2029

Other key provisions found in the regulations impact new and existing fire suppression equipment.

These key provisions:

• Minimize releases of HFCs during the servicing, repair, disposal and/or installation of fire suppression equipment that contains HFCs beginning January 1, 2026 
• Require the servicing and/or repair of existing fire suppression equipment with recycled HFCs, where HFCs are used beginning January 1, 2026 
• Require the initial installation of new fire suppression equipment with recycled HFCs, where HFCs are used beginning January 1, 2030

See regulatory text at 40 CFR 84, Subpart C, for the full requirements of the ER&R program and for further details on the key provisions identified above.

Impact on Existing HVAC and Fire Suppression Systems

The new EPA rules do not generally restrict the use of any existing HVAC and fire suppression systems. The provisions of the ER&R program allow existing systems to continue to operate until the end of their useful life, which includes maintaining and repairing systems, as needed.

In some instances (i.e. leak repair requirements), the new regulations establish some parameters that help to identify when a system has met the end of its useful life, such as when a system cannot be repaired to a condition that meets the established leakage rate limits, the regulations require the owner or operator to create and implement a retrofit or retirement plan for the equipment.

Labeling Requirements for HFC Refrigerants

To aid in determining compliance with the provisions of these rules, EPA requires that all containers containing reclaimed refrigerants being sold or distributed as of January 1, 2026, have a permanent label certifying that the contents do not exceed 15 percent, by weight, of virgin regulated substances. The label must read: ‘‘The contents of this container do not exceed the limit of 15 percent, by weight, on virgin regulated substance per 40 CFR 84.112(a).’’

Considerations for Building Officials, Contractors and Technicians

With the start of this latest EPA program addressing the phasedown of HFC refrigerants, building officials, contractors and technicians will need to quickly come up to speed on the types of equipment and systems that are impacted by the new reclamation and emissions requirements.

Whereas the Code Council’s focus with the “HFC Phasedown Program” and “Technology Transitions Program” has been on the handling and use of substitute refrigerants (primarily A2Ls), these latest regulations focus heavily on the handling and use of the HFC refrigerants themselves.

Read about the update to the EPA’s Technology Transitions Program here. 

In addition, where many of the requirements from the earlier EPA programs impacted the residential and light commercial market sector, the ER&R program does not impact this subsector as it is generally categorized by refrigerant-containing appliances that are used to cool individual rooms, single-family homes and small commercial buildings using equipment with refrigerant charge sizes less than 15 pounds. While systems in this subsector may occasionally have refrigerant charges above 15 pounds, EPA has provided an exemption for such cases. 

The key provisions of the ER&R program focus on large commercial and industrial process refrigeration systems and fire suppression systems. 

To successfully support the implementation of EPAs ER&R program, building officials, contractors and technicians will need to familiarize themselves with the full requirements of the program. This includes a full understanding of the following:

• Covered systems 
• Leak repair requirements 
• Automatic leak detection system requirements 
• Emissions allowances 
• Reclamation requirements 

Resources

The links below will take you to the relevant EPA, Federal Register and Code of Federal Regulations websites and documents for further information.

EPA HFC Website Links:

Managing Use and Reuse of HFCs and Substitutes 

EPA Technology Transitions Program 

HFC Allowances 

HFCs and the AIM Act Protecting Our Climate by Reducing Use of HFCs

Frequent Questions on the Phasedown of Hydrofluorocarbons 

Federal Register Links:

40 CFR 84, Subpart C 

To access the Code Council’s PMG-related resources, click here. To subscribe to the PMG newsletter, click here.