[Federal Register Volume 88, Number 201 (Thursday, October 19, 2023)]
[Proposed Rules]
[Pages 72216-72312]
[FR Doc No: 2023-22526]

Vol. 88

Thursday,

No. 201

October 19, 2023

Part II

Environmental Protection Agency

-----------------------------------------------------------------------

 40 CFR Parts 84, 261, 262, et al.

Phasedown of Hydrofluorocarbons: Management of Certain
Hydrofluorocarbons and Substitutes Under Subsection (h) of the American
Innovation and Manufacturing Act of 2020; Proposed Rule

Federal Register / Vol. 88, No. 201 / Thursday, October 19, 2023 /
Proposed Rules

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 84, 261, 262, 266, 270, and 271

[EPA-HQ-OAR-2022-0606; FRL-10105-01-OAR]

Phasedown of Hydrofluorocarbons: Management of Certain
Hydrofluorocarbons and Substitutes Under Subsection (h) of the American
Innovation and Manufacturing Act of 2020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking and advance notice of proposed
rulemaking.

-----------------------------------------------------------------------

SUMMARY: The U.S. Environmental Protection Agency is proposing to issue
regulations to implement certain provisions of the American Innovation
and Manufacturing Act of 2020. This rulemaking proposes to establish a
program for the management of hydrofluorocarbons that includes
requirements for leak repair and use of automatic leak detection
systems for certain equipment using refrigerants containing
hydrofluorocarbons and certain substitutes; requirements for the use of
reclaimed hydrofluorocarbons in certain sectors or subsectors; the use
of recycled hydrofluorocarbons in fire suppression equipment; recovery
of hydrofluorocarbons from cylinders; container tracking; and certain
recordkeeping, reporting, and labeling requirements. The Environmental
Protection Agency is also proposing alternative Resource Conservation
and Recovery Act standards for spent ignitable refrigerants being
recycled for reuse. Finally, EPA requests advance comment on approaches
for establishing requirements for technician training and/or
certification.

DATES: Comments on this notice of proposed rulemaking must be received
on or before December 18, 2023. Under the Paperwork Reduction Act
(PRA), comments on the information collection provisions are best
ensured of consideration if the Office of Management and Budget (OMB)
receives a copy of your comments on or before November 20, 2023. The
Environmental Protection Agency (EPA) will hold a virtual public
hearing on or about November 3, 2023. The date, time, and other
relevant information for the virtual public hearing will be available
at https://www.epa.gov/climate-hfcs-reduction.

ADDRESSES: You may send comments, identified by docket identification
number EPA-HQ-OAR-2022-0606, by any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments.
     Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Air and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania
Avenue NW, Washington, DC 20460.
     Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
Holidays).
    Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to https://www.regulations.gov, including any personal information
provided. The EPA Docket Center and Reading Room are open to the public
by appointment only. Our Docket Center staff also continue to provide
remote customer service via email, phone, and webform. We encourage the
public to submit comments via https://www.regulations.gov as there may
be a delay in processing mail. Hand deliveries and couriers may be
received by scheduled appointment only. For further information on EPA
Docket Center services and the current status, please visit us online
at https://www.epa.gov/dockets.
    You may find the following suggestions helpful for preparing your
comments: Direct your comments to specific sections of this proposed
rulemaking and note where your comments may apply to future separate
actions where possible; explain your views as clearly as possible;
describe any assumptions that you used; provide any technical
information or data you used that support your views; provide specific
examples to illustrate your concerns; offer alternatives; and, make
sure to submit your comments by the comment period deadline. Please
provide any published studies or raw data supporting your position.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. EPA will
generally not consider comments or comment contents located outside of
the primary submission (e.g., on the web, cloud, or other file sharing
system).
    Do not submit any information you consider to be Confidential
Business Information (CBI) through https://www.regulations.gov. For
submission of confidential comments, please work with the person listed
in the FOR FURTHER INFORMATION CONTACT section. For additional
submission methods, the full EPA public comment policy, information
about CBI or multimedia submissions, and general guidance on making
effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christian Wisniewski, Stratospheric
Protection Division, Office of Atmospheric Protection (Mail Code
6205A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number:<PHONE_NUMBER>; email address:
[email protected]. You may also visit EPA's website at
https://www.epa.gov/climate-hfcs-reduction for further information.
    For information related to the proposed alternative standards for
certain ignitable spent refrigerants under the Resource Conservation
and Recovery Act (RCRA), please contact Tracy Atagi, Materials Recovery
and Waste Management Division, Office of Resource Conservation and
Recovery (5304T), Environmental Protection Agency, 1200 Pennsylvania
Ave. NW, Washington, DC 20460; telephone number:<PHONE_NUMBER>; email
address: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' ``the Agency,'' or ``our'' is used, we mean EPA. Acronyms that
are used in this rulemaking that may be helpful include:

AC--Air Conditioning
AHRI--Air-Conditioning, Heating, and Refrigeration Institute
ALD--Automatic Leak Detection
AIM Act--American Innovation and Manufacturing Act of 2020
APF--Air Permitting Forum
ASHRAE--American Society of Heating, Refrigerating and Air-
Conditioning Engineers
ASTM--American Society for Testing and Materials
CAA--Clean Air Act
CARB--California Air Resources Board
CBI--Confidential Business Information
CBP--U.S. Customs and Border Protection
CFC--Chlorofluorocarbon
CFR--Code of Federal Regulations
CO2e--Carbon Dioxide Equivalent
DOT--Department of Transportation
ECHO--Enforcement and Compliance History Online
e-GGRT--Electronic Greenhouse Gas Reporting Tool
ENGO--Environmental Non-governmental Organization
E.O.--Executive Order
EPA--Environmental Protection Agency

EVe--Exchange Value Equivalent
FEMA--Fire Equipment Manufacturers Association
FOIA--Freedom of Information Act
FR--Federal Register
FSSA--Fire Suppression Systems Association
FSTOC--Fire Suppression Technical Options Committee
GHG--Greenhouse gas
GHGRP--Greenhouse Gas Reporting Program
GWP--Global Warming Potential
HAP--Hazardous Air Pollutant
HARC--Halon Alternatives Research Corporation
HCFC--Hydrochlorofluorocarbon
HD--Heavy-duty
HEEP--HFC Emissions Estimating Program
HFC--Hydrofluorocarbon
HFO--Hydrofluoroolefin
HSWA--Hazardous and Solid Waste Amendments of 1984
HTOC--Halons Technical Options Committee
ICR--Information Collection Request
IPCC--Intergovernmental Panel on Climate Change
IPR--Industrial Process Refrigeration
IWG--Interagency Working Group on the Social Cost of Greenhouse
Gases
ISO--International Organization for Standardization
MACS--Mobile Air Climate Systems Association
MMTCO2e--Million Metric Tons of Carbon Dioxide Equivalent
MMTEVe--Million Metric Tons of Exchange Value Equivalent
MTEVe--Metric Tons of Exchange Value Equivalent
MVAC--Motor vehicle air conditioner
NAAQS--National Ambient Air Quality Standards
NAICS--North American Industrial Classification System
NAFED--National Association of Fire Equipment Distributors
NATA--National Air Toxics Assessment
NEDA/CAP--National Environmental Development Association's Clean Air
Project
NEI--National Emissions Inventory
NFPA--National Fire Protection Association
NODA--Notice of Data Availability
NRDC--Natural Resources Defense Council
ODP--Ozone Depletion Potential
ODS--Ozone depleting substances
OEM--Original Equipment Manufacturer
OLEM--Office of Land and Emergency Management
OMB--Office of Management and Budget
ppm--Parts Per Million
PRA--Paperwork Reduction Act
R4 Program--Refrigerant Recovery, Reclaim, and Reuse Requirements
(CARB Program)
RACHP--Refrigeration, Air Conditioning, and Heat Pumps
RCOP--Recycling Code of Practice
RCRA--Resource Conservation and Recovery Act
RFA--Regulatory Flexibility Act
RIA--Regulatory Impact Analysis
RRA--Refrigerant Reclaim Australia
SC-HFC--Social Cost of Hydrofluorocarbons
SISNOSE--Significant Economic Impact on a Substantial Number of
Small Entities
SNAP--Significant New Alternatives Policy
VCOP--Voluntary Code of Practice
TRI--Toxics Release Inventory
VRF--Variable Refrigerant Flow
VSQG--Very Small Quantity Generator

Table of Contents

I. Executive Summary
    A. What is the purpose of this proposed regulatory action?
    B. What is the summary of this proposed regulatory action?
    C. What is the summary of the costs and benefits?
II. General Information
    A. Does this action apply to me?
    B. What is EPA's authority for taking this action?
III. Background
    A. What are HFCs?
    B. How do HFCs affect public health and welfare?
    C. What refrigerant management programs has EPA already
established under the Clean Air Act?
    1. National Recycling and Emission Reduction Program (CAA
Section 608)
    2. Motor Vehicle Air Conditioning Servicing Program (CAA Section
609)
    3. Significant New Alternatives Policy Program (CAA Section 612)
IV. How is EPA proposing to regulate the management of HFCs and
their substitutes?
    A. What definitions is EPA proposing to implement under
subsection (h)?
    1. Which definitions is EPA proposing to adopt that parallel
definitions in 40 CFR 82.152?
    2. Which definitions is EPA proposing to adopt that parallel
definitions in 40 CFR 82.32?
    3. What other definitions is EPA proposing to adopt?
    B. Which sectors and subsectors is EPA considering addressing
under subsection (h)?
    C. How is EPA proposing to address leak repair?
    1. Background
    2. Scope of the Proposed Leak Repair Requirements
    a. Appliances containing which refrigerants would be subject to
the proposed leak repair requirements?
    b. Appliances with what charge size would be subject to the
proposed leak repair requirements?
    3. What leak repair provisions is EPA proposing?
    a. Leak Rate Calculations
    b. Requirement To Repair Leaks, Timing and Applicable Leak Rates
    c. Verification Testing
    d. Leak Inspections
    e. Chronically Leaking Appliances
    f. Retrofit and Retirement Plans
    g. Recordkeeping and Reporting
    4. Automatic Leak Detection Systems
    a. Proposed Automatic Leak Detection Requirements
    b. Recordkeeping and Reporting
    D. How is EPA proposing to establish requirements for the use of
recovered and reclaimed HFCs?
    1. Background
    2. Proposed Reclamation Standard
    3. Proposed Requirements for Initial Charge of Equipment for
Subsectors in the RACHP Sector Subsectors in the RACHP Sector
    4. Proposed Requirements for Servicing and/or Repair of Existing
Equipment in the RACHP Sector Subsectors in the RACHP Sector
    E. How is EPA proposing to establish an HFC emissions reduction
program for the fire suppression sector?
    1. Background
    2. Nomenclature Used in This Section
    3. Fire Suppression Background
    4. Minimizing Releases of HFCs
    a. Proposed Uquirements for Initial Charge of Equipment for Fire
Suppression
    b. Proposed Requirements for Servicing and/or Repair of Existing
Equipment for Fire Suppression
    c. Technician Training
    d. Recycling of HFCs Prior to Disposal of Fire Suppression
Equipment Containing HFCs
    e. Recordkeeping and Reporting
    F. What is EPA proposing for cylinder requirements and for
container tracking requirements?
    1. Background
    2. Requirements for Disposable Cylinders
    3. Container Tracking
    a. Container Tracking of Regulated Substances
    b. Container Tracking of Used Cylinders
    4. Small Cans of Refrigerant
    G. How is EPA proposing to establish RCRA refrigerant recycling
alternative standards?
    1. Nomenclature Used in This Section
    2. Background
    3. Proposed Alternative RCRA Standards for Spent Ignitable
Refrigerants Being Recycled for Reuse
    a. Scope of the Proposed RCRA Alternative Standards
    b. Proposed Requirements for the RCRA Alternative Standards
    4. Very Small Quantity Generator Wastes
    5. RCRA Regulation of Exports and Imports of Ignitable Spent
Refrigerants
    6. Applicability of Proposed Alternative Standard in RCRA-
Authorized States
    7. Effect on State Authorization
    H. MVAC Servicing and Reprocessed Material
V. How is EPA proposing to treat data reported under this rule?
    A. Background on Determinations of Whether Information Is
Entitled To Treatment as Confidential Information
    1. Confidential Treatment of Reported Information
    2. Emissions Data Under Section 114 of the Clean Air Act
    B. Data Elements Reported to EPA Under the Leak Repair
Provisions
    C. Data Elements Related to the Generation of Machine-Readable
Tracking Identifiers and the Tracking of HFCs
    D. Data Elements Related to Fire Suppression
VI. What are the costs and benefits of this proposed action?
    A. Background
    B. Estimated Costs and Benefits of Leak Repair and ALD
Provisions

    C. Summary of Estimated Costs and Benefits of All Rule
Provisions
VII. How is EPA considering environmental justice?
VIII. Request for Advance Comment on Approaches for Establishing
Requirements for Technician Training
IX. Statutory and Executive Order Review
    A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: Modernizing Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    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

I. Executive Summary

A. What is the purpose of this proposed regulatory action?

    The Environmental Protection Agency (EPA) is proposing regulations
that would implement certain provisions of the American Innovation and
Manufacturing Act of 2020, codified at 42 U.S.C. 7675 (AIM Act or the
Act). The AIM Act authorizes EPA to address hydrofluorocarbons (HFCs)
in three main ways: phasing down HFC production and consumption through
an allowance allocation program; facilitating the transition to next-
generation technologies by restricting use of these HFCs in the sector
or subsectors in which they are used; and promulgating certain
regulations for purposes of maximizing reclaiming and minimizing
releases of HFCs from equipment and ensuring the safety of technicians
and consumers. This proposal focuses on the third area--establishing
certain regulations for HFCs and their substitutes for the purposes of
maximizing reclaiming and minimizing releases of HFCs from equipment
and ensuring the safety of technicians and consumers.
    More specifically, subsection (h) of the AIM Act, entitled
``Management of regulated substances,'' 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 (used interchangeably
with ``HFCs'' in this proposed rulemaking), 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.
    This proposed rulemaking addresses how EPA intends to start
implementing the provisions of subsection (h), including its authority
to issue regulations to control such practices, processes, and
activities, particularly as related to the management, use, and reuse
of HFCs and substitutes in equipment. Further, this action proposes
provisions to support implementation of, compliance with, and
enforcement of requirements under subsection (h) of the AIM Act.
Additionally, EPA is proposing alternative Resource Conservation and
Recovery Act (RCRA) standards for certain spent ignitable refrigerants
being recycled for reuse, as that term is proposed to be used under
RCRA.\1\ These proposed standards would involve regulatory changes to
40 CFR parts 261-271 and not be part of the regulations under
subsection (h)(1) of the AIM Act.
---------------------------------------------------------------------------

    \1\ The terms ``reclaim'' and ``recycle'' have different
regulatory purposes and definitions under RCRA than under the CAA
and the AIM Act. Under RCRA, a material is ``reclaimed'' if it is
processed to recover a usable product, or if it is regenerated.
Examples are recovery of lead values from spent batteries and
regeneration of spent solvents (See 40 CFR 261.1(c)(4)). Reclamation
is one of the four types of ``recycling'' identified in 40 CFR
261.2(c) that can involve management of a solid waste under RCRA.
---------------------------------------------------------------------------

B. What is the summary of this proposed regulatory action?

    This section of the preamble describes a summary of the proposed
provisions of this rulemaking, which are described in more detail in
the relevant sections of this proposal.
    Management of regulated substances. EPA is proposing to establish a
program for the management of HFCs that includes requirements with
compliance dates ranging between 60 days after publication of the final
rule to January 1, 2028, for:
     Leak repair of appliances containing HFCs and/or certain
substitutes for HFCs (whether the appliance uses the HFC or substitute
for an HFC neat or in a blend with other substances). The leak repair
requirements would apply to appliances containing 15 pounds or more of
a refrigerant that contains an HFC or contains a substitute for an HFC
with a global warming potential (GWP) above 53 with specific
exceptions;
     Use of automatic leak detection (ALD) systems for certain
new and existing appliances containing 1,500 pounds or more of a
refrigerant that contains an HFC or a substitute for an HFC with a GWP
above 53;
     A proposed reclamation standard;
     The use of reclaimed HFCs in certain refrigeration, air
conditioning, and heat pump (RACHP) sectors or subsectors and
applications for the initial charge or installation of equipment and
servicing and/or repair of existing equipment and the use of recycled
HFCs in the initial charge or servicing and/or repair of fire
suppression equipment;
     The servicing, repair, disposal, or installation of fire
suppression equipment that contains HFCs, with the purpose of
minimizing the release of HFCs from that equipment, as well as
requirements related to technician training in the fire suppression
sector;
     Recovery of HFCs from disposable cylinders prior to
disposal;
     Container tracking for HFCs that could be used in the
servicing, repair, and/or installation of refrigerant-containing or
fire suppression equipment; and
     Recordkeeping, reporting, and labeling.
    Amendments to Resource Conservation and Recovery Act (RCRA)
hazardous waste regulations. EPA is proposing alternative standards for
spent ignitable refrigerants when recycled for reuse, as that term is
proposed to be used under RCRA. EPA is proposing that the 40 CFR part
266 Subpart Q RCRA alternative standards would apply to HFCs and other
substitutes that do not belong to flammability Class 3 as classified by
the American Society of Heating, Refrigerating and Air-Conditioning
Engineers (ASHRAE) Standard 34-2022.\2\ EPA is proposing to limit the
alternative standards to lower flammability substitutes (Class 1, 2,
and

2L) because of the lower risk of fire from the collection and recycling
for reuse of these refrigerants, and the greater market value of these
refrigerants, which supports the conclusion that these spent
refrigerants will be recycled for reuse and not stockpiled, mismanaged,
or abandoned.
---------------------------------------------------------------------------

    \2\ ASHRAE Standard 34-2022 assigns a safety group
classification for each refrigerant which consists of two
alphanumeric characters (e.g., A2 or B1). The capital letter
indicates the toxicity class (``A'' for lower toxicity) and the
numeral denotes the flammability. ASHRAE recognizes three
classifications and one subclass for refrigerant flammability. The
three main flammability classifications are Class 1, for
refrigerants that do not propagate a flame when tested as per the
ASHRAE 34 standard, ``Designation and Safety Classification of
Refrigerants;'' Class 2, for refrigerants of lower flammability; and
Class 3, for highly flammable refrigerants, such as the hydrocarbon
refrigerants. ASHRAE recently updated the safety classification
matrix to include a new flammability subclass 2L, for flammability
Class 2 refrigerants that burn very slowly.
---------------------------------------------------------------------------

    Enforcement and compliance. To support compliance with the proposed
requirements, EPA is proposing labeling, reporting, and recordkeeping
requirements as described in this action. EPA is also requiring
reporting and recordkeeping for the reduction of HFC emissions for the
fire suppression sector. The Agency is proposing to use the same
reporting platform used in prior AIM Act rules and the Greenhouse Gas
Reporting Program (GHGRP).\3\
---------------------------------------------------------------------------

    \3\ The GHGRP requires reporting of greenhouse gas (GHG) data
and other relevant information from large GHG emission sources, fuel
and industrial gas suppliers, and carbon dioxide (CO2)
injection sites in the United States. The program generally requires
reporting when emissions from covered sources are greater than
25,000 metric tons of CO2e per year. Publicly available
information includes facility names, addresses, and latitude/
longitude information.
---------------------------------------------------------------------------

    Additionally, EPA requests advance comment on approaches for
establishing requirements for RACHP technician training and/or
certification. Specifically, EPA is seeking advance comment on whether,
through a separate rulemaking, EPA should propose to establish training
and/or service requirements for technicians under subsection (h), in
particular, for flammable refrigerants. And, if so, how such a training
program might be managed.
    The Agency is not proposing any regulatory requirements under
subsection (h) for HFCs and substitutes for HFCs used in applications
besides RACHP and fire suppression sectors at this time. However, the
Agency will continue to monitor the use and emissions of HFCs more
generally and such information may inform future rulemakings under
subsection (h).

C. What is the summary of the costs and benefits?

    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
technical support document (TSD) and in a regulatory impact analysis
(RIA) addendum to the Allocation Framework Rule RIA, 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. EPA notes
that the costs and benefits associated with the management of regulated
substances and their substitutes under the AIM Act are described and
calculated separately from 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 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) \4\ 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
marginal abatement cost (MAC) analysis for the Allocation Rules assumed
a reduction in refrigerant leaks; all costs and benefits calculated for
this rule are for leak reductions over and above those assumed in the
previous analysis.
---------------------------------------------------------------------------

    \4\ EPA recently finalized two separate rulemakings to update
the regulations established in the HFC Allocation Framework Rule.
The first rule, ``Phasedown of Hydrofluorocarbons: Allowance
Allocation Methodology for 2024 and Later Years,'' established the
methodology for allocating HFC production and consumption allowances
starting with calendar year 2024 allowances and adjusted the
consumption baseline downward by less than 0.5% to reflect corrected
data, among other changes (88 FR 46836, July 20, 2023). The second,
``Phasedown of Hydrofluorocarbons: Adjustment to the
Hydrofluorocarbon Baseline,'' amended the production baseline
downward by 0.005% to reflect corrected data (88 FR 44220, July 12,
2023).
---------------------------------------------------------------------------

    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.\5\ The leak
repair and ALD system provisions proposed are assumed to lead leaking
systems to be repaired earlier than they otherwise would have, leading
to reduced emissions of HFCs. Provisions requiring the use of reclaimed
refrigerant, requirements for the fire suppression sector, and
provisions related to the handling of disposable cylinders are further
estimated to result in incremental reductions in HFC emissions. These
reductions in HFC emissions result in climate benefits due to reduced
climate forcing as calculated by multiplying avoided emissions by the
social cost of each HFC (SC-HFCs).
---------------------------------------------------------------------------

    \5\ U.S. Environmental Protection Agency (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 rule provisions would prevent
an estimated 142 million metric tons of CO2 equivalent
(MMTCO2e) in HFC emissions, and the present value of
economic benefit of avoiding the damages associated with those
emissions is estimated at $9.8 billion (in 2022 dollars, discounted to
2024 using a three 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, 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 and 2.8 MMTCO2e in the year 2040.
    Reducing HFC emissions due to fixing leaks earlier would also be
anticipated to lead to savings for some 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 provisions would lead to savings of $13 million (2022$). EPA
acknowledges that these savings would not completely offset leak repair
compliance costs and may not accrue uniformly to all regulated
entities, and EPA requests comment on this estimate. Further, while
these provisions have been estimated to result in savings, EPA
understands that entities that would be affected by these proposed
regulations might not perform the practices, processes, or activities
that would result in cost savings absent regulation. When entities are
reviewing their own economic analyses, some factors may be pertinent
that make new technologies or economically favorable best practices
less attractive than existing practices, or some market failure may
exist that acts as a barrier to businesses' adoption of

the most profitable course.\6\ For example, market failures may exist
where there are imperfect information or split incentives; such as
decision-makers not knowing the percentage of energy use associated
with refrigeration or the costs of replacing refrigerant lost from
leaking appliances.
---------------------------------------------------------------------------

    \6\ Klemick, Heather & Kopits, Elizabeth & Wolverton, Ann.
``Potential Barriers to Improving Energy Efficiency in Commercial
Buildings: The Case of Supermarket Refrigeration.'' Journal of
Benefit-Cost Analysis. 8, 2017, pp. 1-31.
---------------------------------------------------------------------------

    The compliance costs of the proposed rule include recordkeeping and
reporting costs, the costs of purchasing and operating ALD systems,
costs of required inspections, the cost of repairing leaks earlier than
would have been necessary without the proposed provisions, and the cost
of proposed disposable cylinder management requirements. In the years
2025-2050, these provisions would result in compliance costs (inclusive
of refrigerant savings) with a present value estimated at $3.7 billion
in 2022 dollars at a 3 percent discount rate or $2.4 billion at a 7
percent discount rate.
    Taking into account both benefits and compliance costs over the
2025-2050 time period, it is estimated that the proposed rule would
result in present value net benefit (benefits minus compliance costs),
of $6.1 billion (with compliance costs discounted at three percent) to
$7.4 billion (with compliance costs discounted at seven percent).
    As detailed in the draft RIA addendum, these values represent a
conservative estimate of potential incremental benefits and assume
potential HFC consumption- and emissions-reducing activities required
by some of the proposed rule's provisions could be offset to the extent
that available consumption and production allowances are shifted to
meet demand in subsectors not covered by the proposed rule. Given the
inherent uncertainty of future industry behavior, in the draft RIA
addendum EPA has also provided estimates under an additional scenario
in which these offsetting effects to not occur and additional
incremental benefits accrue.
    Some of the information regarding projected impacts of certain
aspects of the proposal was considered by EPA as it developed this
proposed rule. To the extent that EPA has considered such information
it is compiled in the Analysis of the Economic Impact and Benefits of
the Proposed Rule draft TSD, which is in the docket for this
rulemaking.
    Although EPA is using SC-HFCs for purposes of some of the analysis
in the RIA addendum, this proposed action does not rely on those
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. Additional information on these analyses can be
found in section VI. of this document, as well as the RIA addendum and
the Analysis of the Economic Impact and Benefits of the Proposed Rule
draft TSD, which is in the docket for this rulemaking.

II. General Information

A. Does this action apply to me?

    You may be potentially affected by this rule if you own, operate,
service, repair, recycle, dispose, or install equipment containing HFCs
or their substitutes, as well as if you recover, recycle, or reclaim
HFCs or their substitutes. You may also be potentially affected if you
manufacture or sell equipment containing HFCs or their substitutes.
Potentially affected categories, by North American Industry
Classification System (NAICS) code, are included in Table 1.

     Table 1--NAICS Classification of Potentially Affected Entities
------------------------------------------------------------------------
        NAICS code                   NAICS industry description
------------------------------------------------------------------------
236118...................  Residential Remodelers.
236220...................  Commercial and Institutional Building
                            Construction.
238220...................  Plumbing, Heating, and Air-Conditioning
                            Contractors.
238990...................  All Other Specialty Trade Contractors.
311812...................  Commercial Bakeries.
321999...................  All Other Miscellaneous Wood Product
                            Manufacturing.
322299...................  All Other Converted Paper Product
                            Manufacturing.
324191...................  Petroleum Lubricating Oil and Grease
                            Manufacturing.
324199...................  All Other Petroleum and Coal Products
                            Manufacturing.
325199...................  All Other Basic Organic Chemical
                            Manufacturing.
325211...................  Plastics Material and Resin Manufacturing.
325412...................  Pharmaceutical Preparation Manufacturing.
325414...................  Biological Product (except Diagnostic)
                            Manufacturing.
325998...................  All Other Miscellaneous Chemical Product and
                            Preparation Manufacturing.
326299...................  All Other Rubber Product Manufacturing.
327999...................  All Other Miscellaneous Nonmetallic Mineral
                            Product Manufacturing.
332812...................  Metal Coating, Engraving (except Jewelry and
                            Silverware), and Allied Services to
                            Manufacturers.
332999...................  All Other Miscellaneous Fabricated Metal
                            Product Manufacturing.
333415...................  Air-Conditioning and Warm Air Heating
                            Equipment and Commercial and Industrial
                            Refrigeration Equipment Manufacturing.
333511...................  Industrial Mold Manufacturing.
333912...................  Air and Gas Compressor Manufacturing.
333999...................  All Other Miscellaneous General Purpose
                            Machinery Manufacturing.
334413...................  Semiconductor and Related Device
                            Manufacturing.
334419...................  Other Electronic Component Manufacturing.
334516...................  Analytical Laboratory Instrument
                            Manufacturing.
335220...................  Major Household Appliance Manufacturing.
336120...................  Heavy Duty Truck Manufacturing.
336212...................  Truck Trailer Manufacturing.
336214...................  Travel Trailer and Camper Manufacturing.
3363.....................  Motor Vehicle Parts Manufacturing.
3364.....................  Aerospace Product and Parts Manufacturing.
336411...................  Aircraft Manufacturing.
336611...................  Ship Building and Repairing.

336612...................  Boat Building.
339112...................  Surgical and Medical Instrument
                            Manufacturing.
339113...................  Surgical Appliance and Supplies
                            Manufacturing.
339999...................  All Other Miscellaneous Manufacturing.
423120...................  Motor Vehicle Supplies and New Parts Merchant
                            Wholesalers.
423450...................  Medical, Dental, and Hospital Equipment and
                            Supplies Merchant Wholesalers.
423610...................  Electrical Apparatus and Equipment, Wiring
                            Supplies, and Related Equipment Merchant
                            Wholesalers.
423620...................  Household Appliances, Electric Housewares,
                            and Consumer Electronics Merchant
                            Wholesalers.
423690...................  Other Electronic Parts and Equipment Merchant
                            Wholesalers.
423720...................  Plumbing and Heating Equipment and Supplies
                            (Hydronics) Merchant Wholesalers.
423730...................  Warm Air Heating and Air-Conditioning
                            Equipment and Supplies Merchant Wholesalers.
423740...................  Refrigeration Equipment and Supplies Merchant
                            Wholesalers.
423830...................  Industrial Machinery and Equipment Merchant
                            Wholesalers.
423840...................  Industrial Supplies Merchant Wholesalers.
423850...................  Service Establishment Equipment and Supplies
                            Merchant Wholesalers.
423860...................  Transportation Equipment and Supplies (except
                            Motor Vehicle) Merchant Wholesalers.
423990...................  Other Miscellaneous Durable Goods Merchant
                            Wholesalers.
424690...................  Other Chemical and Allied Products Merchant
                            Wholesalers.
424820...................  Wine and Distilled Alcoholic Beverage
                            Merchant Wholesalers.
441310...................  Automotive Parts and Accessories Stores.
443141...................  Household Appliance Stores.
444190...................  Other Building Material Dealers.
445110...................  Supermarkets and Other Grocery (except
                            Convenience) Stores.
445131...................  Convenience Retailers.
445298...................  All Other Specialty Food Retailers.
446191...................  Food (Health) Supplement Stores.
449210...................  Electronics and Appliance Retailers.
452311...................  Warehouse Clubs and Supercenters.
453998...................  All Other Miscellaneous Store Retailers
                            (except Tobacco Stores).
45711....................  Gasoline Stations With Convenience Stores.
481111...................  Scheduled Passenger Air Transportation.
488510...................  Freight Transportation Arrangement.
493110...................  General Warehousing and Storage.
531120...................  Lessors of Nonresidential Buildings (except
                            Mini warehouses).
541330...................  Engineering Services.
541380...................  Testing Laboratories.
541512...................  Computer Systems Design Services.
541519...................  Other Computer Related Services.
541620...................  Environmental Consulting Services.
561210...................  Facilities Support Services.
561910...................  Packaging and Labeling Services.
561990...................  All Other Support Services.
562111...................  Solid Waste Collection.
562211...................  Hazardous Waste Treatment and Disposal.
562920...................  Materials Recovery Facilities.
621498...................  All Other Outpatient Care Centers.
621999...................  All Other Miscellaneous Ambulatory Health
                            Care Services.
72111....................  Hotels (Except Casino Hotels) and Motels.
72112....................  Casino Hotels.
72241....................  Drinking Places (Alcoholic Beverages).
722511...................  Full-service Restaurants.
722513...................  Limited-Service Restaurants.
722514...................  Cafeterias, Grill Buffets, and Buffets.
722515...................  Snack and Nonalcoholic Beverage Bars.
81119....................  Other Automotive Repair and Maintenance.
811219...................  Other Electronic and Precision Equipment
                            Repair and Maintenance.
811412...................  Appliance Repair and Maintenance.
922160...................  Fire Protection.
------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table lists the types of entities that EPA expects could
potentially be regulated by this action. Other types of entities not
listed in the table could also be regulated. To determine whether your
entity may be regulated by this action, you should carefully examine
the proposed regulatory text at the end of this document. If you have
questions regarding the applicability of this action to a particular
entity, consult the people listed in the FOR FURTHER INFORMATION
CONTACT section.

B. What is EPA's authority for taking this action?

    On December 27, 2020, the AIM Act was enacted as section 103 in
Division S, Innovation for the Environment, of the Consolidated
Appropriations Act, 2021 (42 U.S.C. 7675). In subsection (k)(1)(A), the
AIM Act provides EPA with the authority to promulgate

necessary regulations to carry out EPA's functions under the Act,
including its obligations to ensure that the Act's requirements are
satisfied (42 U.S.C. 7675(k)(1)(A)). Subsection (k)(1)(C) of the Act
also provides that Clean Air Act (CAA) sections 113, 114, 304, and 307
apply to the AIM Act and any regulations EPA promulgates under the AIM
Act as though the AIM Act were part of CAA Title VI (42 U.S.C.
7675(k)(1)(C)). Accordingly, this rulemaking is subject to CAA section
307(d) (see 42 U.S.C. 7607(d)(1)(I)) (CAA section 307(d) applies to
``promulgation or revision of regulations under subchapter VI of this
chapter (relating to stratosphere and ozone protection)'').
    The AIM Act authorizes EPA to address hydrofluorocarbons (HFCs) in
three main ways: phasing down HFC production and consumption through an
allowance allocation program; facilitating the transition to next-
generation technologies by restricting use of these HFCs in the sector
or subsectors in which they are used; and promulgating certain
regulations for purposes of maximizing reclaiming and minimizing
releases of HFCs from equipment and ensuring the safety of technicians
and consumers. This proposal focuses on the third area--establishing
certain regulations for HFCs and their substitutes for the purposes of
maximizing reclaiming \7\ and minimizing releases of HFCs from
equipment and ensuring the safety of technicians and consumers.
---------------------------------------------------------------------------

    \7\ EPA views ``reclaim,'' ``reclaiming,'' and ``reclamation''
as interchangeable terms.
---------------------------------------------------------------------------

    The identification of regulated substances is addressed under
subsection (c) of the Act. The Act lists 18 saturated HFCs, and by
reference any of their isomers not so listed, that are covered by the
statute's provisions, referred to as ``regulated substances'' \8\ under
the Act (42 U.S.C. 7675(c)(1)). Congress also assigned an ``exchange
value'' 9 10 to each regulated substance. EPA is also
authorized to designate additional substances that meet certain
criteria as regulated substances; for example, to be listed, the
substance must be a saturated HFC that has an exchange value greater
than 53 (which is also the lowest exchange value for a regulated
substance listed in subsection (c)(1) of the Act) (42 U.S.C.
7675(c)(3)).
---------------------------------------------------------------------------

    \8\ As noted previously in this action, ``regulated substance''
and ``HFC'' are used interchangeably in this action.
    \9\ EPA has determined that the exchange values included in
subsection (c) of the AIM Act are identical to the global warming
potentials (GWPs) included in the Intergovernmental Panel on Climate
Change (IPCC) (2007). EPA uses the terms ``global warming
potential'' and ``exchange value'' interchangeably in this proposal.
    \10\ IPCC (2007): Solomon, S., D. Qin, M. Manning, R.B. Alley,
T. Berntsen, N.L. Bindoff, Z. Chen, A. Chidthaisong, J.M. Gregory,
G.C. Hegerl, M. Heimann, B. Hewitson, B.J. Hoskins, F. Joos, J.
Jouzel, V. Kattsov, U. Lohmann, T. Matsuno, M. Molina, N. Nicholls,
J. Overpeck, G. Raga, V. Ramaswamy, J. Ren, M. Rusticucci, R.
Somerville, T.F. Stocker, P. Whetton, R.A. Wood and D. Wratt, 2007:
Technical Summary. In: Climate Change 2007: The Physical Science
Basis. Contribution of Working Group I to the Fourth Assessment
Report of the Intergovernmental Panel on Climate Change [Solomon,
S., D. Qin, M. Manning, Z. Chen, M. Marquis, K.B. Averyt, M. Tignor
and H.L. Miller (eds.)]. Cambridge University Press, Cambridge,
United Kingdom and New York, NY, USA https://www.ipcc.ch/report/ar4/wg1.
---------------------------------------------------------------------------

    The regulated substances addressed in this proposal may be used
neat (i.e., as a single component substance) or in a blend with other
substances, which may include other regulated substances and/or
substitutes for regulated substances. The requirements proposed in this
rulemaking for regulated substances would apply regardless of whether
the regulated substance is used neat or in blend. In taking this
approach, EPA is not proposing that a blend that uses one or more
regulated substances is itself a regulated substance. Rather, the
Agency is proposing to regulate the regulated substance(s) used within
a ``blend of substances'' (42 U.S.C. 7675(c)(3)(B)(ii)), such that the
proposed requirements would also affect equipment that uses regulated
substances in blends. This is consistent with approaches that the
Agency has taken under the Allocation Framework Rule (86 FR 55133,
55142, October 5, 2021) and proposed for the Technology Transitions
Rule (87 FR 76744, 76753, December 15, 2022).\11\ Furthermore,
subsection (h)(1) requires EPA to promulgate regulations addressing
certain practices, processes, or activities involving, among other
things, a regulated substance or a substitute for a regulated substance
(see 42 U.S.C. 7675(h)(1)(A)-(B)). Consistent with those provisions,
regulatory requirements under subsection (h) may also apply with
respect to substitutes for regulated substances, regardless of whether
the substitute is used neat or in a blend. In taking this approach for
substitutes for a regulated substance, EPA is not proposing that a
blend that uses one or more such substitutes that are so regulated
would be designated a regulated substance under subsection (c) of the
Act, nor that the substitute would be so designated. Rather, such
substitutes would simply be addressed, as appropriate, under the
regulations implementing subsection (h).
---------------------------------------------------------------------------

    \11\ In affirming this aspect of the HFC Allocation Framework
Rule, the D.C. Circuit held that ``EPA has statutory authority to
regulate HFCs within blends . . . because an HFC within a blend
remains a regulated HFC under the Act.'' Heating, Air Conditioning &
Refrigeration Distributors Int'l v. EPA, 71 F.4th 59, 64 (D.C. Cir.
2023).
---------------------------------------------------------------------------

    Subsection (h) of the AIM Act is entitled ``Management of regulated
substances.'' For purposes of maximizing reclaiming and minimizing
releases of HFCs from equipment and 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.
    Under subsection (h)(2)(A) of the AIM Act, the Agency ``shall
consider the use of authority available . . . under this section to
increase opportunities for the reclaiming of regulated substances used
as refrigerants.'' Subsection (h)(2)(B) of the Act further provides
that a ``regulated substance used as a refrigerant that is recovered
shall be reclaimed before the regulated substance is sold or
transferred to a new owner, except where the recovered regulated
substance is sold or transferred to a new owner solely for the purposes
of being reclaimed or destroyed.''
    Further, subsection (h)(3) provides that in promulgating
regulations to carry out subsection (h), EPA may coordinate those
regulations with ``any other regulations promulgated by the [EPA] that
involve--(A) the same or a similar practice, process, or activity
regarding the servicing, repair, disposal, or installation of
equipment; or (B) reclaiming.'' EPA interprets this provision of the
AIM Act as leaving the Agency discretion as to whether or not to
coordinate regulations under subsection (h) with other EPA regulations,
as well as with discretion to consider the particular circumstances in
which it is appropriate to undertake such coordination. Congress did
not define the term ``coordinate'' in the AIM Act. EPA interprets the
term, as used in this context, as encompassing a variety of forms of
coordination that could potentially be used for the specified types of
regulatory provisions, and interprets (h)(3) as conveying discretion

to EPA to select the form or forms of coordination that are appropriate
for the particular circumstances and regulatory provisions under
consideration in a given action.
    In this proposal, EPA describes where and whether we are
coordinating with regulations that involve the same or similar
practices, processes, or activities regarding the servicing, repair,
disposal, or installation of equipment or reclaiming, and our rationale
on the appropriateness of coordinating with these regulations. For
example, coordination could include establishing parallel requirements
under subsection (h) as in another regulatory regime so that a similar
practice, process, or activity in similar equipment is held to similar
standards, where appropriate. It could also include deciding not to
establish requirements under subsection (h) in certain situations, such
as when an existing requirement already applies to a similar practice,
process, or activity under another set of regulations that EPA views as
adequate to also address the purposes of subsection (h). Coordination
could also mean coordinating rulemaking schedules or timing for certain
requirements under subsection (h) that cover a similar practice,
process, or activity as covered in a previous regulation and would meet
the purposes of subsection (h). Finally, coordination may also mean
coordinating the requirements under subsection (h) with revisions to
regulations under other statutory authorities that address related
practices, processes, or activities, with the goal of developing
independent regulatory regimes that operate well together to achieve
their stated goals.
    Subsection (h)(4) expressly states that any rulemaking under
subsection (h) shall not apply to a regulated substance or a substitute
for a regulated substance that is contained in a foam. Thus, the
requirements proposed in this rulemaking would not apply to regulated
substances or substitutes for regulated substances when those
substances are contained in foams.
    Finally, subsection (h)(5) provides that, subject to availability
of appropriations, EPA shall establish a grant program to award small
business grants for the purchase of new specialized equipment for the
recycling, recovery, or reclamation of a substitute for a regulated
substance, including the purchase of approved refrigerant recycling
equipment for recycling, recovery, or reclamation in the service or
repair of a motor vehicle air conditioner (MVAC) systems. Funds have
not been appropriated for this grant program. The establishment of this
program is outside the scope of this rulemaking and EPA intends to
address it in a future action.
    Through this rulemaking, EPA is proposing to establish an HFC
management program that includes requirements for:
     Leak repair for certain equipment that contain HFC
refrigerants or their substitutes, as applicable,
     ALD systems,
     Use of reclaimed HFCs in certain RACHP subsectors,
     The fire suppression sector,
     Recovery of HFCs from cylinders, and
     Container tracking.
    Under subsection (h)(1), EPA is directed to promulgate certain
regulations for ``purposes of maximizing the reclaiming and minimizing
the release of a regulated substance from equipment and ensuring the
safety of technicians and consumers.'' Subsection (h) further specifies
that those regulations are 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. Together, the proposed
provisions as outlined above in this section and explained in greater
detail in the relevant sections of this NPRM are aimed at achieving
those three purposes described in subsection (h)(1) (i.e., (1)
maximizing the reclaiming, (2) minimizing the release of a regulated
substance from equipment, and (3) ensuring the safety of technicians
and consumers), while also being consistent with the scope of
regulatory authority under that provision. As EPA interprets the
statutory text, the suite of regulations established under subsection
(h)(1) of the Act, taken together, would be focused on serving these
purposes, though the individual regulatory provisions under subsection
(h)(1) need not each connect to all three purposes. This interpretation
is integral to establishing an effective regulatory program, as some
regulatory provisions that might be considered under (h)(1) may be
highly efficacious at addressing one of the regulatory purposes but not
address the other two, or alternatively, may be important to support
the functioning of the regulatory program as a whole, but not be
focused on any of the specific purposes. Accordingly, this
understanding of the statutory text will support EPA's ability to
develop regulations that work together to help achieve the statutory
purposes.
    Together the provisions proposed in this action would serve the
purposes described in (h)(1), with certain provisions more geared
towards one or two of the purposes identified in subsection (h)(1). For
example, the provisions related to leak repair as proposed in this
action are directed at the purpose of minimizing the release of a
regulated substance, but also help serve the purpose of maximizing the
reclaiming of a regulated substance. Those proposed provisions would
set requirements for when and how equipment must be serviced and leaks
in equipment must be repaired. Taking these actions would minimize the
release of regulated substances through such leaks, as the sooner a
leak is found and repaired, the less HFC will be released from that
leak. Further, by limiting the amount of regulated substances released
from leaks in equipment, the opportunity to recover and subsequently
reclaim these regulated substances increases. Thus, the proposed
provisions related to leak repair also help serve the purpose of
maximizing the reclaiming of regulated substances.
    Another example is the proposed provisions for the use of ALD
systems which would help address the purposes articulated in subsection
(h)(1) similarly. In general, ALD systems would alert an owner or
operator of leaks in equipment sooner than discovering a leak due to
decreased performance by the equipment. Identifying and repairing leaks
sooner as a result of detecting the leak with an ALD system would
further limit the amount of regulated substance released from the leak
and maintain more of the regulated substance within the equipment,
where it would be available for eventual recovery and reclamation.
    In addition to proposing requirements for the management of HFCs
and substitutes, this proposal includes provisions designed to support
enforcement and compliance, including recordkeeping and reporting. As
noted earlier in this section, subsection (k)(1)(C) of the AIM Act
states that CAA section 114 applies to the AIM Act and rules
promulgated under it as if the AIM Act were included in CAA Title VI.
Thus, CAA section 114, which provides authority to the EPA
Administrator to require recordkeeping and reporting in carrying out
provisions of the CAA, also applies to and supports this rulemaking.
These provisions may be examples of provisions that are integral to
establishing an effective regulatory program, and thus are important to
the overall efficacy of the HFC management program at achieving the
purposes

articulated in subsection (h)(1), even if they may be less directly
connected to those purposes if viewed in isolation.
    In this action, we are also proposing alternative RCRA standards
for spent ignitable refrigerants being recycled for reuse. These
proposed standards would not be part of the regulations under
subsection (h)(1) of the AIM Act. Rather, this would involve regulatory
changes to 40 CFR parts 261-271, and those changes are proposed under
the authority of sections 2002, 3001, 3002, 3003, 3004, 3006, and 3010
of the Solid Waste Disposal Act of 1965, as amended by the Resource
Conservation and Recovery Act of 1976 (RCRA), as amended by the
Hazardous and Solid Waste Amendments of 1984 (HSWA). This statute is
commonly referred to as ``RCRA.''

III. Background

A. What are HFCs?

    HFCs are anthropogenic \12\ fluorinated chemicals that have no
known natural sources. HFCs are used in a variety of applications such
as refrigeration and air conditioning, foam blowing agents, solvents,
aerosols, and fire suppression. HFCs are potent greenhouse gases (GHGs)
with 100-year GWPs (a measure of the relative climatic impact of a GHG)
that can be hundreds to thousands of times more potent than
CO2.
---------------------------------------------------------------------------

    \12\ While the overwhelming majority of HFC production is
intentional, EPA is aware that HFC-23 can be a byproduct associated
with the production of other chemicals, including but not limited to
hydrochlorofluorocarbon (HCFC)-22.
---------------------------------------------------------------------------

    HFC use and emissions \13\ have been growing worldwide due to the
global phaseout of ozone-depleting substances (ODS) under the Montreal
Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol)
and the increasing use of refrigeration and air-conditioning equipment
globally. HFC emissions had previously been projected to increase
substantially over the next several decades. In 2016, in Kigali,
Rwanda, countries agreed to adopt an amendment to the Montreal
Protocol, known as the Kigali Amendment, which provides for a global
phasedown of the production and consumption of HFCs. The United States
ratified the Kigali Amendment on October 31, 2022. Global adherence to
the Kigali Amendment would substantially reduce future emissions,
leading to a peaking of HFC emissions before 2040.14 15
---------------------------------------------------------------------------

    \13\ World Meteorological Organization (WMO), Scientific
Assessment of Ozone Depletion: 2022, GAW Report No. 278, 509 pp.,
WMO, Geneva, Switzerland, 2022. Available at: https://ozone.unep.org/system/files/documents/Scientific-Assessment-of-Ozone-Depletion-2022.pdf.
    \14\ Ibid.
    \15\ A recent study estimated that global compliance with the
Kigali Amendment is expected to lower 2050 annual emissions by 3.0-
4.4 Million Metric Tons of Carbon Dioxide Equivalent
(MMTCO2e). Guus J.M. Velders et al. Projections of
hydrofluorocarbon (HFC) emissions and the resulting global warming
based on recent trends in observed abundances and current policies.
Atmos. Chem. Phys., 22, 6087-6101, 2022. Available at: https://doi.org/10.5194/acp-22-6087-2022.
---------------------------------------------------------------------------

    Atmospheric observations of most currently measured HFCs confirm
their abundances are increasing at accelerating rates. Total emissions
of HFCs increased by 19 percent from 2016 to 2020 and the four most
abundant HFCs in the atmosphere, in GWP-weighted terms, are HFC-134a,
HFC-125, HFC-23, and HFC-143a.\16\
---------------------------------------------------------------------------

    \16\ WMO, 2022.
---------------------------------------------------------------------------

    In 2020, HFCs excluding HFC-23 accounted for a radiative forcing
\17\ of 0.037 W/m\2\. This is an increase of nearly a third in total
HFC forcing relative to 2016. This radiative forcing was projected to
increase by an order of magnitude to 0.25 W/m\2\ by 2050.\18\ Full
implementation of the Kigali Amendment is expected to reduce the future
radiative forcing due to HFCs (excluding HFC-23) to 0.13 W/m\2\ in
2050, which is a reduction of about 50 percent compared with the
radiative forcing projected in the business-as-usual scenario of
uncontrolled HFCs.\19\
---------------------------------------------------------------------------

    \17\ Radiative forcing is expressed in units of watts per square
meter (W/m\2\) and is defined by the IPCC as ``a measure of the
influence a factor has in altering the balance of incoming and
outgoing energy in the Earth-atmosphere system and is an index of
the importance of the factor as a potential climate change
mechanism.'' IPCC, 2007: Climate Change 2007: Synthesis Report.
Contribution of Working Groups I, II and III to the Fourth
Assessment Report of the Intergovernmental Panel on Climate Change
[Core Writing Team, Pachauri, R.K and Reisinger, A. (eds.)]. IPCC,
Geneva, Switzerland, 104 pp. https://www.ipcc.ch/report/ar4/syr/.
    \18\ Guus J.M. Velders, David W. Fahey, John S. Daniel, Stephen
O. Andersen, Mack McFarland, Future atmospheric abundances and
climate forcings from scenarios of global and regional
hydrofluorocarbon (HFCs) emissions, Atmospheric Environment,
doi:10.1016/j.atmosenv.2015.10.071, 2015.
    \19\ Ibid.
---------------------------------------------------------------------------

    There are hundreds of possible HFC compounds. The 18 HFCs listed as
regulated substances by the AIM Act are some of the most commonly used
HFCs (neat and in blends) and have high impacts as measured by the
quantity of each substance emitted multiplied by their respective GWPs.
These 18 HFCs are all saturated, meaning they have only single bonds
between their atoms and therefore have longer atmospheric lifetimes.
    In the United States, HFCs are used primarily in refrigeration and
air-conditioning equipment in homes, commercial buildings, and
industrial operations (approximately 75 percent of total HFC use in
2018) and in air conditioning in vehicles and refrigerated transport
(approximately 8 percent). Smaller amounts are used in foam products
(approximately 11 percent), aerosols (approximately 4 percent), fire
protection systems (approximately 1 percent), and solvents
(approximately 1 percent).\20\
---------------------------------------------------------------------------

    \20\ Calculations based on EPA's Vintaging Model, which
estimates the annual chemical emissions from industry sectors that
historically used ODS, including refrigeration and air conditioning,
foam blowing agents, solvents, aerosols, and fire suppression. The
model uses information on the market size and growth for each end
use, as well as a history and projections of the market transition
from ODS to substitutes. The model tracks emissions of annual
``vintages'' of new equipment that enter into operation by
incorporating information on estimates of the quantity of equipment
or products sold, serviced, and retired or converted each year, and
the quantity of the compound required to manufacture, charge, and/or
maintain the equipment. Additional information on these estimates is
available in U.S. EPA, April 2016. EPA Report EPA-430-R-16-002.
Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2014.
Available at: https://www.epa.gov/ghgemissions/inventory-us-greenhouse-gas-emissions-and-sinks-1990-2014.
---------------------------------------------------------------------------

    EPA estimated in its final rule, Allocation Framework Rule (86 FR
55116, October 5, 2021) as updated under the final rule, Allowance
Allocation Methodology for 2024 and Later Years (``2024 Allocation
Rule'') (88 FR 46836; July 20, 2023), that phasing down HFC production
and consumption according to the schedule provided in the AIM Act will
avoid cumulative consumption of 3,156 million metric tons of exchange
value equivalent (MMTEVe) of HFCs in the United States for the years
2022 through 2036. That estimate included both consumption as defined
in 40 CFR 84.3--i.e., with respect to a regulated substance, bulk
production plus bulk imports minus bulk exports--and, although not
requiring AIM Act allowances, the amount in imported products
containing a regulated substance, less the amount in exported products
containing a regulated substance. Annual avoided consumption was
estimated at 42 MMTCO2e in 2022 and 282 MMTCO2e
in 2036. In order to calculate the climate benefits associated with
consumption abatement, the consumption changes were expressed in terms
of emissions reductions. EPA estimated that for the years 2022-2050,
the HFC phasedown will avoid emissions of 4,560 MMTCO2e of
HFCs in the United States. The annual avoided emissions are estimated
at 22 MMTCO2e in the year 2022 and 171 MMTCO2e in
2036. More information

regarding these estimates is provided in the Allocation Framework Rule
RIA and the RIA addendum for the 2024 Allocation Rule, which can be
found in the docket for this proposal.

B. How do HFCs affect public health and welfare?

    Elevated concentrations of GHGs including HFCs are and have been
warming the planet, leading to changes in the Earth's climate including
changes in the frequency and intensity of heat waves, precipitation,
and extreme weather events; rising seas; and retreating snow and ice.
The changes taking place in the atmosphere as a result of the well-
documented buildup of GHGs due to human activities are changing the
climate at a pace and scale that threatens human health, society, and
the natural environment. In this section, EPA is providing some
scientific background on climate change to offer additional context for
this rulemaking and to help the public understand the environmental
impacts of GHGs such as HFCs.
    Extensive additional information on climate change is available in
the scientific assessments and the EPA documents that are briefly
described in this section, as well as in the technical and scientific
information supporting them.
    One of those documents is EPA's 2009 Endangerment and Cause or
Contribute Findings for Greenhouse Gases Under section 202(a) of the
CAA (74 FR 66496, December 15, 2009).\21\ In the 2009 Endangerment
Finding, the Administrator found under CAA section 202(a) that elevated
atmospheric concentrations of six key well-mixed GHGs--CO2,
methane (CH4), nitrous oxide (N2O), HFCs,
perfluorocarbons (PFCs), and sulfur hexafluoride (SF6)--
``may reasonably be anticipated to endanger the public health and
welfare of current and future generations'' (74 FR 66523, December 15,
2009), and the science and observed changes have confirmed and
strengthened the understanding and concerns regarding the climate risks
considered in the Finding. The 2009 Endangerment Finding, together with
the extensive scientific and technical evidence in the supporting
record, documented that climate change caused by human emissions of
GHGs (including HFCs) threatens the public health of the population of
the United States. It explained that by raising average temperatures,
climate change increases the likelihood of heat waves, which are
associated with increased deaths and illnesses (74 FR 66497, December
15, 2009). While climate change also likely reduces cold-related
mortality, evidence indicates that the increases in heat mortality will
be larger than the decreases in cold mortality in the United States (74
FR 66525, December 15, 2009). The 2009 Endangerment Finding further
explained that, compared with a future without climate change, climate
change is expected to increase tropospheric ozone pollution over broad
areas of the United States, including in the largest metropolitan areas
with the worst tropospheric ozone problems, and thereby increase the
risk of adverse effects on public health (74 FR 66525, December 15,
2009). Climate change is also expected to cause more intense hurricanes
and more frequent and intense storms of other types and heavy
precipitation, with impacts on other areas of public health, such as
the potential for increased deaths, injuries, infectious and waterborne
diseases, and stress-related disorders (74 FR 66525, December 15,
2009). Climate change is also expected to cause more intense hurricanes
and more frequent and intense storms of other types and heavy
precipitation, with impacts on other areas of public health, such as
the potential for increased deaths, injuries, infectious and waterborne
diseases, and stress-related disorders (74 FR 66525, December 15,
2009). Children, the elderly, and the poor are among the most
vulnerable to these climate-related health effects (74 FR 66498,
December 15, 2009).
---------------------------------------------------------------------------

    \21\ In describing these 2009 Findings in this proposal, EPA is
neither reopening nor revisiting them.
---------------------------------------------------------------------------

    The 2009 Endangerment Finding also documented, together with the
extensive scientific and technical evidence in the supporting record,
that climate change touches nearly every aspect of public welfare \22\
in the United States, including: changes in water supply and quality
due to increased frequency of drought and extreme rainfall events;
increased risk of storm surge and flooding in coastal areas and land
loss due to inundation; increases in peak electricity demand and risks
to electricity infrastructure; predominantly negative consequences for
biodiversity and the provisioning of ecosystem goods and services; and
the potential for significant agricultural disruptions and crop
failures (though offset to some extent by carbon fertilization). These
impacts are also global and may exacerbate problems outside the United
States that raise humanitarian, trade, and national security issues for
the United States (74 FR 66530, December 15, 2009).
---------------------------------------------------------------------------

    \22\ The CAA states in section 302(h) that ``[a]ll language
referring to effects on welfare includes, but is not limited to,
effects on soils, water, crops, vegetation, manmade materials,
animals, wildlife, weather, visibility, and climate, damage to and
deterioration of property, and hazards to transportation, as well as
effects on economic values and on personal comfort and well-being,
whether caused by transformation, conversion, or combination with
other air pollutants.'' 42 U.S.C. 7602(h).
---------------------------------------------------------------------------

    In 2016, the Administrator similarly issued Endangerment and Cause
or Contribute Findings for GHG emissions from aircraft under CAA
section 231(a)(2)(A)(81 FR 54422, August 15, 2016).\23\ In the 2016
Endangerment Finding, the Administrator found that the body of
scientific evidence amassed in the record for the 2009 Endangerment
Finding compellingly supported a similar endangerment finding under CAA
section 231(a)(2)(A) and also found that the science assessments
released between the 2009 and the 2016 Findings ``strengthen and
further support the judgment that GHGs in the atmosphere may reasonably
be anticipated to endanger the public health and welfare of current and
future generations'' (81 FR 54424, August 15, 2016).
---------------------------------------------------------------------------

    \23\ In describing these 2016 Findings in this proposal, EPA is
neither reopening nor revisiting them.
---------------------------------------------------------------------------

    Since the 2016 Endangerment Finding, the climate has continued to
change, with new records being set for several climate indicators such
as global average surface temperatures, GHG concentrations, and sea
level rise. Moreover, heavy precipitation events have increased in the
Eastern U.S. while agricultural and ecological drought has increased in
the Western U.S. along with more intense and larger wildfires.\24\
These and other trends are examples of the risks discussed in the 2009
and 2016 Endangerment Findings that have already been experienced.
Additionally, major scientific assessments continue to demonstrate
advances in our understanding of the climate system and the impacts
that GHGs have on public health and welfare both for current and future
generations. According to the Intergovernmental Panel on Climate
Change's (IPCC) Sixth Assessment Report, ``it is unequivocal that human
influence has warmed the atmosphere, ocean and land. Widespread and
rapid changes in the atmosphere, ocean, cryosphere and biosphere have
occurred.'' \25\ These

updated observations and projections document the rapid rate of current
and future climate change both globally and in the United
States.26 27 28 29.
---------------------------------------------------------------------------

    \24\ An additional resource for indicators can be found at
https://www.epa.gov/climate-indicators.
    \25\ IPCC, 2021: Summary for Policymakers. In: Climate Change
2021: The Physical Science Basis. Contribution of Working Group I to
the Sixth Assessment Report of the Intergovernmental Panel on
Climate Change [Masson-Delmotte, V., P. Zhai, A. Pirani, S.L.
Connors, C. Pe[acute]an, S. Berger, N. Caud, Y. Chen, L. Goldfarb,
M.I. Gomis, M. Huang, K. Leitzell, E. Lonnoy, J.B.R. Matthews, T.K.
Maycock, T. Waterfield, O. Yelek[ccedil]i, R. Yu and B. Zhou
(eds.)]. Cambridge University Press. In Press: 4.
    \26\ USGCRP, 2018: Impacts, Risks, and Adaptation in the United
States: Fourth National Climate Assessment, Volume II [Reidmiller,
D.R., C.W. Avery, D.R. Easterling, K.E. Kunkel, K.L.M. Lewis, T.K.
Maycock, and B.C. Stewart (eds.)]. U.S. Global Change Research
Program, Washington, DC, USA, 1515 pp. doi: 10.7930/NCA4.2018.
Available at: https://nca2018.globalchange.gov.
    \27\ IPCC, 2021.
    \28\ National Academies of Sciences, Engineering, and Medicine,
2019. Climate Change and Ecosystems. Washington, DC: The National
Academies Press. Available at: https://doi.org/10.17226/25504.
    \29\ NOAA National Centers for Environmental Information,
Monthly Global Climate Report for Annual 2022, published online
January 2023, retrieved on March 1, 2023 from https://www.ncei.noaa.gov/access/monitoring/monthly-report/global/202213.
---------------------------------------------------------------------------

C. What refrigerant management programs has EPA already established
under the Clean Air Act?

    EPA is developing regulations that are designed to establish a
comprehensive HFC management program that maximizes the reclaiming and
minimizes the release of HFCs while coordinating these efforts with
other similar programs. EPA has an extensive history under CAA Title VI
regulating the sectors in which HFCs and substitutes are typically
used, including where they are used as refrigerants and for other
purposes. For example, EPA has regulated stationary refrigeration
applications under CAA section 608, MVACs under CAA section 609, and
has evaluated alternative substances for refrigeration, air
conditioning, and other uses under the Significant New Alternatives
Policy (SNAP) program under CAA section 612.
1. National Recycling and Emission Reduction Program (CAA Section 608)
    CAA section 608, titled ``National Recycling and Emission Reduction
Program,'' has three main components. First, section 608(a) requires
EPA to establish standards and requirements regarding the use and
disposal of class I and class II substances.\30\ The second component,
section 608(b), requires that the regulations issued pursuant to
subsection (a) contain requirements for the safe disposal of class I
and class II substances. The third component, section 608(c), prohibits
the knowing venting, release, or disposal of ODS refrigerants \31\ and
their substitutes \32\ in the course of maintaining, servicing,
repairing, or disposing of appliances or industrial process
refrigeration (IPR). EPA refers to this third component as the
``venting prohibition.'' Section 608(c)(1) establishes the venting
prohibition for ODS refrigerants effective July 1, 1992, and it
includes an exemption from this prohibition for ``[d]e minimis releases
associated with good faith attempts to recapture and recycle or safely
dispose'' any such substance. Section 608(c)(2) extends 608(c)(1) to
substitute refrigerants, effective November 15, 1995. Section 608(c)(2)
also includes a provision that allows the Administrator to exempt a
substitute refrigerant from the venting prohibition if he or she
determines that such venting, release, or disposal of a substitute
refrigerant ``does not pose a threat to the environment.''
---------------------------------------------------------------------------

    \30\ A class I or class II substance is an ozone-depleting
substance (ODS) listed at 40 CFR part 82, subpart A, appendix A or
appendix B, respectively. This document refers to class I and class
II substances collectively as ozone-depleting substances, or ODS.
    \31\ The term ``ODS refrigerant'' as used in this document
refers to any refrigerant or refrigerant blend in which one or more
of the components is a class I or class II substance.
    \32\ The term ``substitute'' for the purposes of the regulations
under section 608 of the CAA is defined at 40 CFR 82.152.
---------------------------------------------------------------------------

    EPA first issued regulations under CAA section 608 on May 14, 1993
(58 FR 28660, ``1993 Rule''), to establish the national refrigerant
management program for ODS refrigerants recovered during the service,
repair, or disposal of air conditioning and refrigeration appliances.
Since then, EPA has revised these regulations, which are found at 40
CFR part 82, subpart F (``subpart F''), through subsequent rulemakings
published between 1994 and 2020. Regulations issued under CAA section
608 include, among other things, the venting prohibition and sales
restrictions for refrigerants (40 CFR 82.154); safe disposal of
appliances (40 CFR 82.155); proper practices for the evacuation of
refrigerant from appliances (40 CFR 82.156); required practices for
appliance maintenance and leak repair (40 CFR 82.157); standards for
recovery and/or recycling equipment (40 CFR 82.158); technician and
reclaimer certification requirements (40 CFR 82.161 and 82.164,
respectively); and reporting and recordkeeping requirements (40 CFR
82.166). Appendices A-E at 40 CFR part 82, subpart F provide, among
other things, specifications for refrigerants, performance standards
for refrigerant recovery, recycling, and/or reclaiming equipment, and
standards for becoming a certifying program for technicians.
    As it pertains to regulations under section 608 of the CAA, EPA is
using the term ``non-exempt substitute'' in this document to refer to
substitute refrigerants that have not been exempted from the venting
prohibition under CAA section 608(c)(2) and Sec.  82.154(a) in the
relevant end-use. Similarly, the term ``exempt substitute'' refers to a
substitute refrigerant that has been exempted from the venting
prohibition under section 608(c)(2) and Sec.  82.154(a) in the relevant
end-use. A few exempt substitutes have been exempted from the venting
prohibition in all applications. Notably, in 2016, EPA published a rule
(81 FR 82272, November 18, 2016) updating existing refrigerant
management requirements and extending the full set of the subpart F
refrigerant management requirements, which prior to that rule applied
only to ODS refrigerants,\33\ to non-exempt substitute refrigerants,
such as HFCs and hydrofluoroolefins (HFOs). Among the subpart F
requirements extended to non-exempt substitute refrigerants in the 2016
CAA section 608 Rule were provisions that restrict the servicing of
appliances and the sale of refrigerant to certified technicians,
specify the proper evacuation levels before opening an appliance,
require the use of certified refrigerant recovery and/or recycling
equipment, require that refrigerant be recovered from appliances prior
to disposal, require that appliances have a servicing aperture or
process stub to facilitate refrigerant recovery, require that
refrigerant reclaimers be certified to reclaim and sell used
refrigerant, and establish standards for technician certification
programs, recovery equipment, and established technical standards for
the purity of reclaimed refrigerant. The 2016 CAA section 608 Rule also
extended the appliance maintenance and leak repair provisions,
currently codified at 40 CFR 82.157, to appliances that contain 50 or
more pounds of non-exempt substitute refrigerant. The 2016 CAA section
608 Rule additionally made numerous revisions to improve the efficacy
of the refrigerant management program as a whole, such as revisions of
regulatory provisions for increased clarity and readability, and
removal of provisions that had become obsolete.
---------------------------------------------------------------------------

    \33\ The only 40 CFR part 82, subpart F requirements that
applied to substitute refrigerants prior to the 2016 CAA section 608
Rule were the venting prohibition and certain exemptions from that
prohibition, as set forth in Sec.  82.154(a).
---------------------------------------------------------------------------

    EPA reviewed the 2016 CAA section 608 Rule, focusing in particular
on whether the Agency had the statutory authority to extend the full
set of

subpart F refrigerant management regulations to non-exempt substitute
refrigerants, such as HFCs and HFOs. In 2018, EPA proposed to withdraw
the extension of the provisions of 40 CFR 82.157 to appliances using
only non-exempt substitute refrigerants.\34\ (83 FR 49332, October 1,
2018). In 2020, EPA published a final rule (85 FR 14150, March 11,
2020) withdrawing only the extension of the leak repair requirements--
including requirements for repairing leaks, conducting leak
inspections, and keeping applicable records--for appliances containing
only such substitute refrigerants. Other subpart F provisions that were
extended to substitute refrigerants in the 2016 CAA section 608 Rule,
as mentioned above, were left in place for appliances containing only
ODS substitute refrigerants. There were no changes to any of the
regulatory requirements for ODS in the 2020 CAA section 608 Rule.
---------------------------------------------------------------------------

    \34\ Ozone-depleting refrigerants and appliances that contain or
use any amount of ODS continue to be subject to all applicable
subpart F requirements, including those in 40 CFR 82.157.
---------------------------------------------------------------------------

    Petitions for judicial review were filed on the 2016 CAA section
608 Rule and separately on the 2020 CAA section 608 Rule. Two industry
coalitions, National Environmental Development Association's Clean Air
Project (NEDA/CAP) and the Air Permitting Forum (APF), filed petitions
for judicial review of the 2016 CAA section 608 Rule in the U.S. Court
of Appeals for the District of Columbia Circuit (D.C. Circuit) in 2017.
APF also filed an administrative petition for reconsideration before
EPA regarding the 2016 CAA section 608 Rule.\35\ In 2020, the Natural
Resources Defense Council (NRDC) and a group of state and municipal
petitioners \36\ filed petitions for judicial review of the 2020 CAA
section 608 Rule in the D.C. Circuit. NEDA/CAP also filed an
administrative petition before EPA regarding the 2020 CAA section 608
Rule, which is styled as a petition for reconsideration or in the
alternative a petition for rulemaking.\37\ These four petitions for
review were all consolidated under Case No. 20-1150 (D.C. Cir.) in July
of 2020, and in August of 2020 the court severed four issues raised in
NEDA/CAP and APF's administrative petitions for reconsideration and
assigned them to a different case (Case No. 20-1309, D.C. Cir.). Both
cases are now being held in abeyance.
---------------------------------------------------------------------------

    \35\ APF Petition for Reconsideration, January 2017, available:
https://www.regulations.gov/document?D=EPA-HQ-OAR-2015-0453-0228.
    \36\ The state and municipal petitioners are the State of New
York, State of Connecticut, State of Illinois, State of Maine, State
of Maryland, State of Minnesota, State of New Jersey, State of
Oregon, Commonwealth of Virginia, State of Washington, District of
Columbia, and City of New York.
    \37\ NEDA/CAP Petitions for Reconsideration/Petition for
Rulemaking, May 2020, available: https://www.regulations.gov/document?D=EPA-HQ-OAR-2017-0629-0345.
---------------------------------------------------------------------------

    On January 20, 2021, President Biden issued an ``Executive Order on
Protecting Public Health and the Environment and Restoring Science to
Tackle the Climate Crisis,'' which directed review of certain agency
actions taken between January 20, 2017, and January 20, 2021. Exec.
Order No. 13,990, 86 FR 7037 (Jan. 20, 2021). The 2020 CAA section 608
Rule was one of the actions subject to review under this Executive
Order. In light of both EPA's review of the 2020 CAA section 608 Rule
consistent with the Executive Order and the Agency's consideration of
subsection (h) of the AIM Act, EPA has decided to initiate a rulemaking
that, among other things, would involve evaluating the application of
leak repair requirements to appliances using HFCs and substitute
refrigerants under subsection (h). Because this proposed action is
rooted in EPA's authority under the AIM Act, EPA is not reopening or
otherwise addressing the question of its authority for such
requirements under the CAA in this proposal.
2. Motor Vehicle Air Conditioning Servicing Program (CAA Section 609)
    CAA section 609 directs EPA to issue regulations establishing
standards and requirements for the servicing of MVACs. For purposes of
the regulations implementing CAA section 609, ``motor vehicle air
conditioners'' \38\ is defined at 40 CFR 82.32(d) as mechanical vapor
compression refrigeration equipment used to cool the driver's or
passenger's compartment of any motor vehicle. This definition further
states that it is not intended to encompass certain hermetically sealed
refrigeration systems used on motor vehicles for refrigerated cargo and
the air conditioning systems on passenger buses. For purposes of the
section 609 regulations, motor vehicle is defined at 40 CFR 82.32(c) as
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 (HD) vehicles.
This definition further provides that it does not include a vehicle
where final assembly of the vehicle has not been completed by the
original equipment manufacturer (OEM).
---------------------------------------------------------------------------

    \38\ A related definition for ``MVAC-like appliance'' is found
at 40 CFR 82.152: MVAC-like appliance means a mechanical vapor
compression, open-drive compressor 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
not intended to cover appliances using R-22 refrigerant.
---------------------------------------------------------------------------

    Under CAA section 609 and regulations that implement it, no person
repairing or servicing motor vehicles for consideration (e.g., payment
or bartering) may perform any service on an MVAC that involves the
refrigerant \39\ without properly using approved refrigerant recovery
or recovery and recycling equipment, and no such person may perform
such service for consideration unless such person has been properly
trained and certified. Section 609 also contains restrictions on the
sale or distribution, or offer for sale or distribution, of class I and
class II substances suitable for use as a refrigerant in MVACs in
containers of less than 20 pounds, except to a person performing
service for consideration on MVAC systems.
---------------------------------------------------------------------------

    \39\ Section 609(b)(1) defines the term ``refrigerant,'' ``[a]s
used in this section'', to mean ``any class I or class II substance
used in a motor vehicle air conditioner. Effective 5 years after
November 15, 1990, the term `refrigerant' shall also include any
substitute substance.'' EPA's implementing regulations include a
parallel definition of this term at 40 CFR 82.32(f).
---------------------------------------------------------------------------

    Regulations issued under CAA section 609, codified at 40 CFR part
82, subpart B, include, among other things, prohibited and required
practices for persons repairing and servicing MVACs for consideration
(40 CFR 82.34); requirements for refrigerant handling equipment (40 CFR
82.36); approval processes for independent standards testing
organizations (40 CFR 82.38); requirements for certifications that any
person servicing or repairing MVACs for consideration must submit to
EPA, and related recordkeeping requirements (40 CFR 82.42). Appendices
A-F at 40 CFR part 82, subpart B, provide minimum operating
requirements for equipment used for the recovery, recycling and/or
recharging of refrigerant used in MVACs.
    In 1992, EPA published a rule (57 FR 31242, July 14, 1992) under
CAA section 609 establishing standards and requirements for servicing
of MVACs and restricting the sale of small containers of ODS. The
regulations, which appear in 40 CFR part 82, subpart B, require persons
who repair or service MVACs for consideration to be certified in
refrigerant recovery and recycling and to properly use approved
equipment when performing service involving the refrigerant. Consistent
with the definition in CAA section 609(b)(1), ``refrigerant'' is
defined in

subpart B as any class I or class II substance used in MVACs, and to
include any substitute substance effective November 15, 1995. The 1992
CAA section 609 Rule also defined approved refrigerant recycling
equipment as equipment certified by the Administrator or an approved
organization as meeting either one of the standards in 40 CFR 82.36.
Such equipment extracts and recycles refrigerant or extracts but does
not recycle refrigerant, allowing that refrigerant to be subsequently
recycled on-site or to be sent off-site for reclamation.\40\ EPA based
the regulatory equipment standards in subpart B on those developed by
SAE. They cover service procedures for dichlorodifluoromethane (CFC-12
or R-12) recover/recycle equipment (SAE J1989, issued in October 1989),
test procedures to evaluate R-12 recover/recycle equipment (SAE J1990,
issued in October 1989 and revised in 1991) and a purity standard for
recycled R-12 refrigerant (SAE J1991, issued in October 1989). Only
equipment certified to meet the standards set forth in appendix A at 40
CFR part 82, subpart B, or that meet the criteria for substantially
identical equipment, was approved under CAA section 609 for use in the
servicing of MVACs at that time.
---------------------------------------------------------------------------

    \40\ Equipment that extracts and recycles refrigerant is
referred to as recover/recycle equipment. Equipment that extracts
but does not recycle refrigerant is referred to as equipment that
recovers but does not recycle refrigerant, or as recover-only
equipment.
---------------------------------------------------------------------------

    EPA issued another rule under CAA section 609 in 1997 (62 FR 68026,
December 30, 1997) in response to the increasing use of substitute
refrigerants, particularly 1,1,1,2-tetrafluoroethane (HFC-134a or R-
134a). The 1997 CAA section 609 Rule established standards and
requirements for the servicing of MVACs that use any refrigerant other
than R-12. The rule also stated that refrigerant (whether R-12 or a
substitute) recovered from motor vehicles at motor vehicle disposal
facilities may be re-used in the MVAC service sector only if it has
been properly recovered and recycled by persons who are either
employees, owners, or operators of the facilities, or technicians
certified under CAA section 609, using approved equipment. This differs
from the rules established under CAA section 608, in which no person
may sell or distribute, or offer for sale or distribution, used
refrigerant (including both ODS and non-exempt substitutes such as
HFCs) unless it has first been reclaimed by a certified reclaimer (40
CFR 82.154(d)). The 1997 CAA section 609 Rule also established
conditions under which owners and operators of motor vehicle disposal
facilities may sell refrigerant recovered from such vehicles to
technicians certified under CAA section 609.
3. Significant New Alternatives Policy Program (CAA Section 612)
    EPA identifies and evaluates substitutes for ODS in certain
industrial sectors, including RACHP; aerosols; and foams. To a very
large extent, HFCs are used in the same sectors and subsectors as where
ODS historically have been used. Under SNAP, EPA evaluates
acceptability of substitutes for ODS based primarily on the potential
human health and environmental risks, relative to other substances used
for the same purpose. In so doing, EPA assesses atmospheric effects
such as ozone depletion potential (ODP) and GWP, exposure assessments,
toxicity data, flammability, and other environmental impacts. This
assessment could take a wide range of forms, such as a theoretical
evaluation of the properties of the substitute, a computer simulation
of the substitute's performance in the sector or subsector, lab-scale
(table-top) evaluations of the substitute, or equipment tests under
various conditions.

IV. How is EPA proposing to regulate the management of HFCs and their
substitutes?

    As described in the following sections, EPA is proposing to
establish a program for the management of HFCs under subsection (h) of
the AIM Act that includes requirements regarding several topics,
including leak repair requirements for certain refrigerant-containing
appliances and use of ALD systems for certain equipment; use of
reclaimed HFCs in certain sectors or subsectors for the initial charge
or installation of equipment and for servicing and/or repair of
existing equipment; the servicing, repair, disposal, or installation of
fire suppression equipment that contains HFCs, as well as requirements
related to technician training in the fire suppression sector; recovery
of HFCs from cylinders; and container tracking for HFCs that could be
used in the servicing, repair, and/or installation of equipment. EPA
intends for the proposed provisions for these topics to be able to
stand independently from one another and has designed them accordingly.
For example, the proposed leak repair requirements for refrigerant-
containing appliances are designed to operate independently from the
proposed requirements for servicing, repair, disposal, or installation
of fire suppression equipment.

A. What definitions is EPA proposing to implement under subsection (h)?

    The Allocation Framework Rule (86 FR 55116, October 5, 2021)
established regulatory definitions at 40 CFR part 84, subpart A
(``subpart A'') to implement the framework for, and begin the
regulatory phasedown of, HFCs under the AIM Act, and EPA has finalized
certain revisions to the definitions section of subpart A at 40 CFR
84.3 (see 88 FR at 46836, July 20, 2023).\41\ The proposed Technology
Transitions Rule (87 FR 76738, December 15, 2022) would establish
additional regulatory definitions in 40 CFR part 84, subpart B
(``subpart B'') as part of its first proposed rulemaking related to
implementing subsection (i) of the AIM Act, entitled ``Technology
Transitions''. EPA anticipates that any final Technology Transitions
rule under subsection (i) would be available in the docket for that
action. To maintain consistency, except as otherwise explained in this
proposal, EPA generally intends to use terms in this proposal, and in
the new subpart C which is to be established by this rule, as they are
defined in subpart A. Thus, for terms not defined in this subpart but
that are defined in subpart A (40 CFR 84.3), the definitions in 40 CFR
84.3 would apply. Although EPA has not yet finalized the regulatory
definitions that would apply under the Technology Transitions program,
we also anticipate considering any regulatory definitions that may be
finalized at subpart B as we are developing this rulemaking under
subsection (h) of the AIM Act in an effort to promote consistency where
appropriate. Accordingly, we anticipate that for terms that are not
defined in subparts A or C, but that are defined in subpart B, the
subpart B definitions would apply under the new subpart C.
---------------------------------------------------------------------------

    \41\ The proposed revisions in 40 CFR 84.3 are described in
EPA's proposed Allowance Allocation Methodology for 2024 and Later
Years rule, which was published on October 21, 2022 (87 FR 66372).
This rulemaking focuses on the second phase of the HFC phasedown
and, among other things, proposes to establish the allocation
methodology for the ``general pool'' of HFC production and
consumption allowances for 2024 through 2028. Available at: https://www.epa.gov/climate-hfcs-reduction/proposed-rule-allowance-allocation-methodology-2024-and-later-years.
---------------------------------------------------------------------------

    EPA welcomes comment on all definitions proposed in this action and
in particular, whether it should adopt different definitions for any of
the terms defined in subpart A or proposed to be defined in subpart B
for purposes of this rulemaking under subsection (h) of the AIM Act.
While EPA is seeking

comment on the definitions as proposed for the new subpart C, in this
rulemaking, the Agency is not reopening, taking comment, or proposing
to modify the definitions as finalized in subpart A or those proposed
under subpart B. The Agency also welcomes comment on the terms that are
newly defined for this proposed rule under subsection (h) as well as if
there are any additional definitions that are needed to ensure a common
understanding of terminology.
1. Which definitions is EPA proposing to adopt that parallel
definitions in 40 CFR 82.152?
    EPA is proposing to adopt definitions for the following terms that
are similar to the definitions for the same terms used in 40 CFR
82.152, which includes definitions implementing section 608 of the CAA,
with only limited changes as are needed to conform with the AIM Act or
this proposed action. EPA is proposing to use this approach for these
previously defined terms because they are used in the same or
substantially similar manner as in 40 CFR part 82, subpart F.
Specifically, 40 CFR 82.152 includes definitions implementing section
608 in CAA Title VI, which is relevant to HFC management. As noted in
section III.A. of this proposal, HFCs were intentionally developed to
replace class I and class II ODS and are used in the same applications.
The approach EPA is proposing to implement subsection (h) of the AIM
Act is informed by the Agency's experience with CAA Title VI. For
example, EPA's current regulations under section 608 of the CAA require
certain refrigerant management practices by reclaimers, those who buy
or sell refrigerant, technicians, owners and operators of refrigerant-
containing appliances, and others. Because many in the regulated
community are subject to both the AIM Act and CAA section 608,
maintaining the same or similar definitions, where consistent with AIM
Act requirements, would provide consistency to those that have been
using and are familiar with these terms from CAA section 608
regulations. Because EPA's authority under the AIM Act extends beyond
the sectors covered by the regulations at 40 CFR part 82, subpart F,
where it is necessary for clarity, EPA is specifying where these
definitions specifically apply to the terms as they refer to
refrigerant-containing appliances.
    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.
    As with all the proposed definitions, this proposed definition of
``disposal,'' as it relates to a refrigerant-containing appliance, is
limited to how the term is would be used in 40 CFR part 84 subpart C.
    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.
    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] TP19OC23.000

    (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] TP19OC23.001

    As discussed in section IV.C.4. of this proposal, EPA is clarifying
that owner/operators that wish to preemptively repair leaks and then
run the leak rate calculation once refrigerant has been added to the
repaired appliance for the follow-up verification test may do so,
assuming all applicable time windows are adhered to. Additionally,
owner/operators may use the amount of refrigerant lost in lieu of the
amount of refrigerant added to run the leak rate calculation prior to
adding refrigerant if they have a valid method of determining the
amount of refrigerant lost (e.g., evacuating the appliance and
comparing the amount of refrigerant evacuated to the full charge).
    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.
    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.
    This proposed definition deviates slightly from the definition of
``MVAC-like appliance'' at 40 CFR 82.152 to conform to the AIM Act
grant of authority. As noted, this definition is intended to have the
same meaning as defined 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.
    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.
    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.
    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.
    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 Sec.  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. This proposed definition deviates slightly from
the definition of ``technician'' at 40 CFR 82.152 to conform to the AIM
Act grant of authority. EPA is also proposing a definition of
``certified technician'' to make it clear that persons certified per 40
CFR 82.161 are considered ``certified technicians'' for the purposes of
these regulations. In section VIII. of this preamble, EPA is taking
advanced comment on considerations for a future rulemaking on
technician training.
2. Which definitions is EPA proposing to adopt that parallel
definitions in 40 CFR 82.32?
    EPA is proposing to adopt definitions for the following defined
terms that are similar to the definitions used in 40 CFR 82.32 with
limited changes as are needed to conform with the AIM Act or this
proposal. EPA is proposing this approach for these defined terms
because they are used in the same or substantially similar manner as in
40 CFR part 82, subpart B--Servicing of Motor Vehicle Air Conditioners
under the CAA. Section 609 in Title VI of the CAA is relevant to
refrigerant management, as it directs EPA to establish standards and
requirements regarding the servicing of MVACs. For example, under CAA
section 609 and regulations that implement it, no person repairing or
servicing motor vehicles for consideration (e.g., payment or bartering)
may perform any service on an MVAC that involves the refrigerant
without properly using approved refrigerant recovery or recovery and
recycling equipment, and no such person may perform such service for
consideration unless such person has been properly trained and
certified. Because many within the regulated community are subject to
both the AIM Act and CAA section 609, maintaining the same definitions,
where consistent with AIM Act requirements, would provide consistency
to those that have been using and are familiar with these terms from
section 609. EPA welcomes comment on whether any of these terms should
be further updated or modified for purposes of this rulemaking under
subsection (h) of the AIM Act.
    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.
3. What other definitions is EPA proposing to adopt?
    EPA is also proposing to establish definitions for new terms that
are applicable only under 40 CFR part 84, subpart C, and do not have a
counterpart in the definitions under 40 CFR part 84, subpart A and that
we do not anticipate will have a counterpart in any definitions that
may be finalized in subpart B. The definitions that EPA is proposing to
include in 40 CFR 84.102 for application to 40 CFR part 84, subpart C
are as follows:
    Certified technician means a technician that has been certified per
the provisions at 40 CFR 82.161.
    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 any 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.
    EPA is proposing to explicitly state that the definition of ``fire
suppression equipment'' for purposes of subsection (h) does not include
mission-critical military end uses and systems used in deployable and
expeditionary applications, as well as space vehicles. This proposed
exclusion is based on EPA's understanding that there are situations in
which the unique design and use of mission-critical military end uses
and systems used in deployable and expeditionary situations and space
vehicles make it impossible to recover fire suppression agent during
the service, repair, disposal, or installation of the equipment.
    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.
    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.
    This definition of ``installation'' for purposes of subsection (h)
is different from how the term is used in the definitions in the
proposed Technology Transitions Rule (87 FR 76738, December 15, 2022).
Specifically, the definition for ``manufacture'' in that proposed rule
covers the installation of certain appliances in certain subsectors
(e.g., commercial refrigeration and IPR). In discussing the definition
for ``manufacture'' in that proposed rule, EPA described that for these
types of appliances, complex installation processes may be required,
and the appliance is typically manufactured and field-charged with
refrigerant on-site. Further, appliances such as these that are field
charged or have the refrigerant circuit completed on-site are
considered manufactured at the point when installation of all the
components and other parts are completed, and the appliance is fully
charged with refrigerant and able to operate. For purposes of the
proposed Technology Transitions Rule (87 FR 76738, December 15, 2022),
the installation

date of such equipment is relevant to the proposed GWP limit-based
restriction and compliance date for the applicable subsector(s).
    The types of installations covered under the proposed definition of
``manufacture'' in the proposed Technology Transitions Rule (87 FR
76738, December 15, 2022) would be included in the proposed definition
of ``installation'' in this proposal under subsection (h), and other
types of installation would also be included in the definition included
in this proposal. EPA is proposing a broad definition of
``installation'' under subsection (h) in order to ensure that the
Agency's implementation of subsection (h)(1) encompasses the practices,
processes or activities that are relevant to the installation of
equipment that would be regulated under this proposal.
    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.
    This definition generally aligns with the corresponding definition
at 40 CFR 82.152, except EPA is proposing to add the ``detect and''
language. In EPA's view, including ``detect and'' clarifies that a leak
inspection is not just to determine the precise location of a known
leak, but also to detect additional leaks that may be contributing to a
leak rate exceedance.
    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.
    In the regulations implementing under subsection (h), EPA is
proposing to define the term ``recover'' as it is defined in subsection
(b)(10) of the AIM Act for HFCs and to extend the regulatory definition
to substitutes for HFCs. The term ``recover'' is defined in the AIM Act
at subsection (b)(10) as ``the process by which 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.'' EPA is proposing to include that the term recover also
apply to substitutes for regulated substances in these regulations to
support implementation of subsection (h)(1), which authorizes certain
regulations involving substitutes for regulated substitutes.
Substitutes for regulated substances are used in the same applications
and often the same equipment as the regulated substances that they are
being used in place of. Thus, recovering the substitute for a regulated
substance would also occur, as appropriate, during the servicing,
repair, or disposal of equipment and could be addressed by regulations
under subsection (h)(1). Thus, including substitutes for regulated
substances in the regulatory definition of ``recover'' provides clarity
and supports application of these regulations to both regulated
substances and their substitutes.
    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-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.