View Rule

EPA is considering a rulemaking to establish requirements for management of certain hydrofluorocarbons (HFCs) and their substitutes under the American Innovation and Manufacturing (AIM) Act of 2020 (42 USC 7675). Specifically, EPA is considering a rulemaking under subsection (h) of the AIM Act to establish regulations to control, where appropriate, practices, processes, or activities regarding the servicing, repair, disposal, or installation of equipment, for the purpose of maximizing the reclamation and minimizing the release of certain HFCs from equipment and ensuring the safety of technicians and consumers. Among these practices, processes, and activities, EPA is considering applying leak repair requirements to certain equipment using HFCs and their substitutes as refrigerants in this rulemaking. EPA also intends to consider options to increase opportunities for reclaiming regulated substances used as refrigerants and potential approaches to coordinate regulations carrying out subsection (h) of the AIM Act with similar EPA regulations, such as the refrigerant management program established under Title VI of the Clean Air Act.

Statement of Need: This rule is required to meet the statutory provisions of subsection (h) of the American Innovation and Manufacturing (AIM) Act of 2020.

Summary of the Legal Basis: The American Innovation and Manufacturing (AIM) Act, enacted on December 27, 2020, provides EPA new authorities to address hydrofluorocarbons (HFCs) in three main areas: phasing down the production and consumption of listed HFCs, maximizing reclamation and minimizing releases of these HFCs and their substitutes in equipment (e.g., refrigerators and air conditioners), and facilitating the transition to next-generation technologies by restricting the use of HFCs in particular sectors or subsectors. Subsection (h) of the AIM Act requires EPA to establish regulations to control, where appropriate, practices, processes, or activities regarding the servicing, repair, disposal, or installation of equipment, for the purpose of maximizing the reclamation and minimizing the release of certain HFCs from equipment and ensuring the safety of technicians and consumers. Among these practices, processes, and activities, EPA is considering applying leak repair requirements to certain equipment using HFCs and their substitutes as refrigerants in this rulemaking.

Alternatives: Subsection (h) of the AIM Act requires EPA to promulgate regulations to control, where appropriate, practices, processes, or activities regarding the servicing, repair, disposal, or installation of equipment. The AIM Act allows EPA to consider coordinating any regulations promulgated under subsection (h) with any regulations promulgated by EPA that involve a similar practice, process, or activity regarding the servicing, repair, disposal, or installation of equipment; or reclaiming.

Anticipated Costs and Benefits: The Agency will prepare a Regulatory Impact Analysis (RIA) to provide the public with estimated potential costs and benefits of this action.

Risks: EPA is still evaluating the scope and risks associated with a prospective rule.