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

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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[GRAPHIC] [TIFF OMITTED] TP19OC23.005

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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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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 refrigerant-containing 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

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.
---------------------------------------------------------------------------

    \144\ Standards 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).
---------------------------------------------------------------------------

    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.
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    \145\ 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.
---------------------------------------------------------------------------

    In the years 2025-2050, the proposed leak repair and ALD system
provisions would prevent an estimated 78 MMTCO2e in HFC
emissions, and the

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.
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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 $13 million (2022$).

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.

[GRAPHIC] [TIFF OMITTED] TP19OC23.008

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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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/

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 decision-maker and the
public.\149\
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    \146\ EPA 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-commitment-to-environmental-justice-for-all.
    \147\ See, e.g., Environmental Protection Agency.
``Environmental Justice.'' Available at: https://www.epa.gov/environmentaljustice.
    \148\ The 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-during-development-action.
    \149\ The 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-assessing-environmental-justice-regulatory-analysis.
---------------------------------------------------------------------------

    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, climate-related 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\
---------------------------------------------------------------------------

    \150\ Presidential Memorandum on Modernizing Regulatory Review,
January 20, 2021. Available at: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/20/modernizing-regulatory-review/.
    \151\ Technical 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.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \152\ EPA 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-in-rulemaking-guide-final.pdf.
---------------------------------------------------------------------------

    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

on other health and environmental risks the Agency should assess.
---------------------------------------------------------------------------

    \153\ Statements 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; Hernandez-Cortes, 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.
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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
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    \154\ TEAP 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/TEAP-EETF-report-may-2022.pdf.
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    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 refrigerant-containing appliances
that contain HFCs

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 ICR-related 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,

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

0
1. The authority citation for part 84 continues to read as follows:

    Authority: Pub. L. 116-260, Division S, Sec. 103.

0
2. Add to part 84, subpart C consisting of Sec. Sec.  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.

Sec.  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

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.

Sec.  84.102  Definitions.

    For the terms not defined in this subpart but that are defined in
Sec.  84.3, the definitions in Sec.  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 refrigerant-containing 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 refrigerant-containing appliance,
means the process leading to and including:
    (1) The discharge, deposit, dumping or placing of any discarded
refrigerant-containing appliance into or on any land or water;
    (2) The disassembly of any refrigerant-containing appliance for
discharge, deposit, dumping or placing of its discarded component parts
into or on any land or water;
    (3) The vandalism of any refrigerant-containing 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 refrigerant-containing appliance for
reuse of its component parts; or
    (5) The recycling of any refrigerant-containing 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 refrigerant-
containing 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
refrigerant-containing 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

conjunction with methods that can determine the location of a leak.
    Leak rate, as it relates to a refrigerant-containing 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:
[GRAPHIC] [TIFF OMITTED] TP19OC23.010

    (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:
[GRAPHIC] [TIFF OMITTED] TP19OC23.011

    Mothball, as it relates to a refrigerant-containing 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
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 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, open-
drive 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
refrigerant-containing 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,

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 refrigerant-containing 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 refrigerant-containing 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 refrigerant-
containing appliance or as a fire suppressant in fire suppression
equipment, provided that the substance is not a regulated substance or
an ozone-depleting 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.

Sec.  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 refrigerant-containing 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]

Sec.  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;

    (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
ozone-depleting 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 refrigerant-containing 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 refrigerant-containing 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 Sec.  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 refrigerant-containing
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.

    (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 refrigerant-containing 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 Sec.
84.108(c) through (g) and Sec.  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.

    (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
refrigerant-containing appliance;
    (iii) Type and full charge of the refrigerant to which the
refrigerant-containing 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 refrigerant-containing appliance; name of the owner or operator;
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 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 refrigerant-containing appliance; the reasons why
more than one year is necessary to retrofit or retire the refrigerant-
containing 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 refrigerant-containing
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
refrigerant-containing 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

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 refrigerant-containing 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
refrigerant-containing 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 refrigerant-containing 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 refrigerant-containing 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 refrigerant-containing 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;

    (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
refrigerant-containing 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.

Sec.  84.108  Automatic leak detection systems.

    (a) Owners or operators of refrigerant-containing 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 refrigerant-containing 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 Sec.
84.106(c)(2), comply with the full suite of leak repair provisions in
Sec.  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 Sec.  84.106(c)(2), the owner or operator must
comply with the full suite of leak repair provisions in Sec.  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 Sec.  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 Sec.  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.

Sec.  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

that qualify for application-specific allowances under regulations at
Sec.  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 Sec.  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.

Sec.  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;

    (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 refrigerant-containing 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.

Sec.  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]

Sec.  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.

Sec.  84.118  Container tracking system.

    (a) Scope and applicability. Machine-readable 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 refrigerant-
containing 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