cfr_sections
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:21.0.1.1.3.1.1.1 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.1 Purpose and scope. | EPA | [86 FR 55206, Oct. 5, 2021] | (a) The purpose of the regulations in this subpart is to implement certain provisions of the American Innovation and Manufacturing Act of 2020 (AIM Act), enacted as part of Public Law 116-260. In particular, the AIM Act imposes limits on the production and consumption of certain regulated substances, according to a specified schedule, which are addressed by this subpart. (b) This subpart applies to any person that produces, transforms, destroys, imports, exports, sells or distributes, offers for sale or distribution, recycles for fire suppression, or reclaims a regulated substance and to end users in the six applications listed in subsection (e)(4)(B)(iv) of the AIM Act. | |||
| 40:40:21.0.1.1.3.1.1.10 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.17 Availability of additional consumption allowances. | EPA | [86 FR 55208, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023; 90 FR 41723, Aug. 26, 2025] | A person may obtain at any time during the year, in accordance with the provisions of this section, consumption allowances equivalent to the quantity of regulated substances that the person exported from the United States and its territories to a foreign country in accordance with this section, except for the export of regulated substances produced with a production for export allowance. (a) The exporter must submit to the relevant Agency official a request for consumption allowances setting forth the following: (1) The identities and addresses of the exporter and the recipient of the exports; (2) The exporter's Employer Identification Number; (3) The names, telephone numbers, and email addresses of contact persons for the exporter and the recipient; (4) The quantity (in kilograms) and name of the regulated substances exported; (5) The source of the regulated substances and whether the date purchased was before or after January 1, 2022; (6) The date on which, and the port from which, the regulated substances were exported from the United States or its territories; (7) The country to which the regulated substances were exported; (8) A copy of the bill of lading and the invoice indicating the net quantity (in kilograms) of regulated substances shipped and documenting the sale of the regulated substances to the purchaser; (9) The Harmonized Tariff Schedule codes of the regulated substances exported; (10) Internal Transaction Numbers for all shipments; and (11) All international export declaration documentation ( i.e., electronic export information), which is electronically filed within AES. (b) The relevant Agency official will review the information and documentation submitted under paragraph (a) of this section and will issue a notice to the requestor within 15 working days. (1) The relevant Agency official will determine the quantity of regulated substances that the documentation verifies was exported and issue consumption allowances equivalent to the quantity of regulated substances that were expo… | |||
| 40:40:21.0.1.1.3.1.1.11 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.18 Authorization of production for export allowances. | EPA | [90 FR 41723, Aug. 26, 2025] | (a) EPA will allocate 3,000.0 MTEVe of production for export allowances to Iofina Chemical by October 1 of the calendar year prior to the year in which the allowances may be used for calendar years 2026, 2027, 2028, 2029, and 2030. (b) Production for export allowances cannot be transferred. (c) Any regulated substances produced with production for export allowances must be exported in the same calendar year it was produced. | |||
| 40:40:21.0.1.1.3.1.1.12 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.19 Transfers of allowances. | EPA | [86 FR 55208, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023] | (a) Inter-company transfers. As of January 1, 2022, a person (“transferor”) may transfer to any other person (“transferee”) any quantity of the transferor's production allowances, consumption allowances, or application-specific allowances for use by the same type of application, as long as the following conditions are met: (1) An offset equal to five percent of the amount of allowances transferred will be deducted from the transferor's production allowance balance if a transfer is made of production allowances, or deducted from the transferor's consumption allowance balance if a transfer is made of consumption allowances. In the case of transferring application-specific allowances, one percent of the amount of allowances transferred will be deducted from the transferor's application-specific allowance balance. (2) The transferor must submit to the relevant Agency official a transfer claim setting forth the following: (i) The identities and addresses of the transferor and the transferee; (ii) The names, telephone numbers, and email addresses of contact persons for the transferor and the transferee; (iii) The type of allowances being transferred, including the specific application (if applicable), for which allowances are to be transferred; (iv) The quantity (in MTEVe) of allowances being transferred; (v) The total cost of the allowances transferred; (vi) The amount of unexpended allowances of the type and for the year being transferred that the transferor holds under authority of this subpart as of the date the claim is submitted to EPA; (vii) The quantity of the offset to be deducted from the transferor's allowance balance; and (viii) For transfers of application-specific allowances, a signed document from the transferee certifying that the transferee will use the application-specific allowances only for the same application for which the application-specific allowance was allocated. (3) The relevant Agency official will determine whether the records maintained by EPA indicate that the transferor pos… | |||
| 40:40:21.0.1.1.3.1.1.13 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.21 Sale or conveyance of regulated substances produced or imported with application-specific allowances. | EPA | [86 FR 55208, Oct. 5, 2021] | (a) Sale or conveyance of regulated substances produced or imported using application-specific allowances. (1) As of January 1, 2022, any person receiving an application-specific allowance (application-specific seller) may sell or convey regulated substances produced or imported by expending that allowance to another person within the same application (application-specific purchaser) provided that the relevant Agency official approves the sale or conveyance. (2) The application-specific seller must submit a claim to the relevant Agency official for approval before the sale or conveyance can take place. The claim must set forth the following: (i) The identities and addresses of the application-specific seller and the application-specific purchaser; (ii) The name, telephone numbers, and email addresses of contact persons for the application-specific seller and the application-specific purchaser; (iii) The amount of each regulated substance being sold or conveyed; (iv) The cost of the regulated substance being sold or conveyed; (v) The application for which allowances were allocated and the specific products that the application-specific purchaser plans to produce with the regulated substances; and (vi) Certification that the regulated substances will be used only for the same application for which the application-specific allowance under which the substances were produced or imported was allocated. (3) The application-specific purchaser must submit a letter to the relevant Agency official stating that it concurs with the terms of the sale or conveyance as requested by the application-specific seller. (4) Once the claim is complete, and if EPA does not object to the sale or conveyance, the relevant agency official will issue letters to the application-specific seller and the application-specific purchaser within 10 business days indicating that the transaction may proceed. EPA reserves the right to disallow a transaction if the claim is incomplete, or if it has reason to believe that the application-speci… | |||
| 40:40:21.0.1.1.3.1.1.14 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.23 [Reserved] | EPA | |||||
| 40:40:21.0.1.1.3.1.1.15 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.25 Required processes to import regulated substances as feedstocks or for destruction. | EPA | [86 FR 55208, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023] | (a)(1) Petition to import regulated substances for use in a process resulting in transformation or destruction. A person must petition the relevant Agency official for the import of each individual shipment of a regulated substance imported for use in a process resulting in transformation or destruction in order to not expend allowances. A petition is required at least 30 days before the shipment is to arrive at a U.S. port, and must contain the following information: (i) Name, Harmonized Tariff Schedule code, and quantity in kilograms of each regulated substance to be imported; (ii) Name and address of the importer, the importer ID number, and the contact person's name, email address, and phone number; (iii) Name and address of the consignee and the contact person's name, email address, and phone number; (iv) Source country; (v) The U.S. port of entry for the import, the expected date of import, and the vessel transporting the material. If at the time of submitting the petition the entity does not know this information, and the entity receives a non-objection notice for the individual shipment in the petition, the entity is required to notify the relevant Agency official of this information prior to the date of importation (consistent with the definition at 19 CFR 101.1) of the individual shipment into the United States; (vi) Name and address of any intermediary, including a contact person's name, email address and phone number, who will hold the material before the regulated substances are transformed or destroyed; (vii) Name, address, contact person, email address, and phone number of the responsible party at the facility where the regulated substance will be used in a process resulting in the substance's transformation or destruction; (viii) An English translation, if needed, of the export license, application for an export license, or official communication acknowledging the export from the appropriate government agency in the country of export; (ix) The capacity of the container; and (x) The uni… | |||
| 40:40:21.0.1.1.3.1.1.16 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.27 Controlling emissions of HFC-23. | EPA | [86 FR 55208, Oct. 5, 2021] | (a) No later than October 1, 2022, as compared to the amount of chemical intentionally produced on a facility line, no more than 0.1 percent of HFC-23 created on the line may be emitted. (1) Requests for extension. The producer may submit a request to the relevant Agency official to request a six-month extension, with a possibility of one additional six-month extension, to meet the 0.1 percent HCFC-23 limit. No entity may have a compliance date later than October 1, 2023. (2) Timing of request. The extension request must be submitted to EPA no later than August 1, 2022, for a first-time extension or February 1, 2023, for a second extension. (3) Content of request. The extension request must contain the following information: (i) Name of the facility submitting the request, contact information for a person at the facility, and the address of the facility. (ii) A description of the specific actions the facility has taken to improve their HFC-23 control, capture, and destruction; the facility's plans to meet the 0.1 percent HFC-23 limit including the expected date by which the equipment will be installed and operating; and verification that the facility has met all applicable reporting requirements. (4) Review of request. Starting on the first working day following receipt by the relevant Agency official of a complete request for extension, the relevant Agency official will initiate review of the information submitted under paragraph (a)(3) of this section and take action within 30 working days. Any grant of a compliance deferral by the relevant Agency official will be made public. (b) Captured HFC-23 is permitted to be destroyed at a different facility than where it is produced. In such instances, HFC-23 emissions during the transportation to and destruction at the different facility will be incorporated into calculations of whether the producer meets the 0.1 percent standard outlined in paragraph (a) of this section. | |||
| 40:40:21.0.1.1.3.1.1.17 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.29 Destruction of regulated substances. | EPA | [86 FR 55208, Oct. 5, 2021] | (a) The following technologies are approved by the Administrator for destruction of all regulated substances except for HFC-23: (1) Cement kiln; (2) Gaseous/fume oxidation; (3) Liquid injection incineration; (4) Porous thermal reactor; (5) Reactor cracking; (6) Rotary kiln incineration; (7) Argon plasma arc; (8) Nitrogen plasma arc; (9) Portable plasma arc; (10) Chemical reaction with hydrogen and carbon dioxide; (11) Gas phase catalytic de-halogenation; and (12) Superheated steam reactor. (b) The following technologies are approved by the Administrator for destruction of HFC-23: (1) Gaseous/fume oxidation; (2) Liquid injection incineration; (3) Reactor cracking; (4) Rotary kiln incineration; (5) Argon plasma arc; (6) Nitrogen plasma arc; (7) Chemical reaction with hydrogen and carbon dioxide; and (8) Superheated steam reactor. | |||
| 40:40:21.0.1.1.3.1.1.18 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.31 Recordkeeping and reporting. | EPA | [86 FR 55201, 55215, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023; 90 FR 41723, Aug. 26, 2025] | (a) Recordkeeping and reporting. Any person who produces, imports, exports, transforms, uses as a process agent, destroys, reclaims, or repackages regulated substances or is receiving application-specific allowances must comply with the following recordkeeping and reporting requirements: (1) Reports required by this section must be submitted within 45 days of the end of the applicable reporting period, unless otherwise specified. (2) Reports, petitions, and any related supporting documents must be submitted electronically in a format specified by EPA. (3) Records and copies of reports required by this section must be retained for five years. (4) Quantities of regulated substances must be stated in terms of kilograms unless otherwise specified. (5) Reports are no longer required if an entity notifies the Administrator that they have permanently ceased production, import, export, destruction, transformation, use as a process agent, reclamation, or packaging of regulated substances, but the entity must continue to comply with all applicable recordkeeping requirements. (b) Producers. Persons (“producers”) who produce regulated substances must comply with the following recordkeeping and reporting requirements: (1) One-time report. Within 120 days of January 1, 2022, or within 120 days of the date that a producer first produces a regulated substance, whichever is later, every producer must submit to the Administrator a report describing: (i) The method by which the producer in practice measures daily quantities of regulated substances produced; (ii) Conversion factors by which the daily records as currently maintained can be converted into kilograms of regulated substances produced, including any constants or assumptions used in making those calculations ( e.g., tank specifications, ambient temperature or pressure, density of the regulated substance); (iii) Internal accounting procedures for determining plant-wide production; (iv) The quantity of any fugitive losses accounted for in the production fig… | |||
| 40:40:21.0.1.1.3.1.1.19 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.33 Auditing of recordkeeping and reporting. | EPA | [86 FR 55221, Oct. 5, 2021, as amended at 89 FR 73592, Sept. 11, 2024] | (a) Any person producing, importing, exporting, reclaiming, or recycling for fire suppression a regulated substance, as well as any person receiving application-specific allowances, must arrange for annual third-party auditing of reports submitted to EPA except for persons receiving application-specific allowances for mission-critical military end uses. (b) For producers, importers, and exporters, auditors must review the inputs the regulated entities used to develop quarterly and annual reports including: (1) The amount of production and consumption allowances allocated; (2) The amount, timing, and parties to allowance transfers, and the associated documentation and offset amount; (3) Records documenting the amount of regulated substances imported, exported, produced, and destroyed, transformed, or sent to another entity for such purpose; (4) Records documenting any application-specific allowances allocated or conferred from other companies, including the amounts of allowances conferred, regulated substances purchased and/or sold, the specific application for which the regulated substances were provided, and the names, telephone numbers, and email addresses for contact persons for the recipient companies; (5) The date and the port from which regulated substances were imported or exported; (6) A copy of the bill of lading and the invoice indicating the quantity of regulated substances imported or exported; (7) Relevant Harmonized Tariff Schedule codes; (8) The number and type of railcars, ISO tanks, individual cylinders, drums, small cans, or other containers used to store and transport regulated substances; (9) The inventory of regulated substances as of the end of the prior calendar year; (10) A random sample (5 percent or 10, whichever is higher) of batch testing results; (11) All other reports submitted to EPA under this subpart. (c) For companies issued application-specific allowances by EPA, auditors must review the following: (1) Records documenting the amount of application-specific allowanc… | |||
| 40:40:21.0.1.1.3.1.1.2 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.3 Definitions. | EPA | [86 FR 55201, 55206, Oct. 5, 2021, as amended at 88 FR 46893, July 20, 2023; 88 FR 46894, July 20, 2023; 90 FR 41720, Aug. 26, 2025] | As used in this subpart, the term: Administrator means the Administrator of the United States Environmental Protection Agency or his or her authorized representative. Allowance means a limited authorization for the production or consumption of a regulated substance established under subsection (e) of section 103 in Division S, Innovation for the Environment, of the Consolidated Appropriations Act, 2021 (Pub. L. 116-260) (the AIM Act). An allowance allocated under subsection (e) of section 103 in Division S of the AIM Act does not constitute a property right. Application-specific allowance means a limited authorization granted in accordance with subsection (e)(4)(B)(iv) of the AIM Act for the production or import of a regulated substance for use in the specifically identified applications that are listed in that subsection and in accordance with the restrictions contained at § 84.5(c). An application-specific allowance does not constitute a property right. Batch means a vessel, container, or cylinder from which a producer, importer, reclaimer, recycler, or repackager transfers regulated substances directly for sale or distribution, or for repackaging for sale or distribution; or a population of small vessels, containers, or cylinders with the same nominal composition that a producer, importer, reclaimer, recycler, or repackager directly offers for sale or distribution. Berth means to moor a ship in its allotted place at a wharf or dock. Bulk means a regulated substance of any amount that is in a container for the transportation or storage of that substance such as cylinders, drums, ISO tanks, and small cans. A regulated substance that must first be transferred from a container to another container, vessel, or piece of equipment in order to realize its intended use is a bulk substance. A regulated substance contained in a manufactured product such as an appliance, an aerosol can, or a foam is not a bulk substance. Certificate of analysis means a document that certifies the contents of an import meets … | |||
| 40:40:21.0.1.1.3.1.1.20 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.35 Administrative consequences. | EPA | [86 FR 55221, Oct. 5, 2021] | (a) The relevant agency official may retire, revoke, or withhold the allocation of allowances, or ban a company from receiving future allowance allocations, using the process outlined in paragraph (b) of this section. Applying an administrative consequence to retire, revoke, or withhold allocation of allowances does not, in any way, limit the ability of the United States to exercise any other authority to bring an enforcement action under any applicable law or regulation. (b) The relevant agency official will provide a company notice if the Agency intends to retire, revoke, or withhold allocation of allowances, or ban the company from receiving future allowance allocations. The notice will specify the conduct leading to the administrative consequence and what the consequence will be. The relevant agency official will provide such notice no less than 30 days before the impending consequence. (1) After the relevant agency official provides notice of an impending administrative consequence, the company for which such consequence is pending may not expend, transfer, or confer any allowances. (2) Any company receiving such a notification may provide information or data to EPA on why the administrative consequence should not be taken within 14 days of the date of the EPA's notice. (3) If EPA does not receive a response within 14 days of the date of the Agency notice of impending administrative consequence, the administrative consequences will be effective on the date specified in the notice. | |||
| 40:40:21.0.1.1.3.1.1.21 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.37 Incorporation by reference. | EPA | [88 FR 46898, July 20, 2023, as amended at 88 FR 46898, July 20, 2023] | Certain material is incorporated by reference into this part with the approval of the Director of the Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. All approved incorporation by reference (IBR) material is available for inspection at EPA and at the National Archives and Records Administration (NARA). Contact EPA at: U.S. EPA's Air and Radiation Docket; EPA West Building, Room 3334, 1301 Constitution Ave. NW, Washington, DC, 202-566-1742. For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations.html or email fr.inspection@nara.gov. The material also may be obtained from the following sources. (a) Air-Conditioning, Heating, and Refrigeration Institute (AHRI), 2311 Wilson Boulevard, Suite 400, Arlington, VA 22201; phone: 703.524.8800; website: www.ahrinet.org. (1) 2008 Appendix C to AHRI Standard 700-2014, 2008 Appendix C for Analytical Procedures for AHRI Standard 700-2014—Normative, copyright 2008; into § 84.5(i). (2) AHRI RTL OM December 2019, Refrigerant Testing Laboratory Certification Program Operations Manual, copyright 2019; IBR approved for § 84.3. (3) AHRI General OM—January 2023, General Operations Manual, copyright 2022; IBR approved for § 84.3. (b) ASTM International, 100 Barr Harbor Drive, PO Box C700, West Conshohocken, PA 19428; phone: 610.832.9500; email: service@astm.org; website: www.astm.org/. (1) ASTM D6064-11 (reapproved 2022), Standard Specification for HFC-227ea, 1,1,1,2,3,3,3-Heptafluoropropane (CF 3 CHFCF 3 ), approved November 1, 2022; IBR approved for § 84.5(i). (2) ASTM D6231/D6231M-21, Standard Specification for HFC-125 (Pentafluoroethane, C2HF5), approved June 1, 2021; IBR approved for § 84.5(i). (3) ASTM D6541-21, Standard Specification for HFC-236fa, 1,1,1,3,3,3-Hexafluoropropane, (CF3CH2CF3), approved June 1, 2021; IBR approved for § 84.5(i). (4) ASTM D6806-02 (reapproved 2022), Standard Practice for Analysis of Halogenated Organic Solvents and Their Admixtures by Gas Chromatography, approv… | |||
| 40:40:21.0.1.1.3.1.1.3 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.5 Prohibitions relating to regulated substances. | EPA | [86 FR 55206, Oct. 5, 2021, as amended at 88 FR 46894, July 20, 2023; 89 FR 73592, Sept. 11, 2024; 90 FR 41721, Aug. 26, 2025] | (a) Production. (1) As of January 1, 2022, no person may produce regulated substances, intentionally or unintentionally, in excess of the quantity of unexpended production allowances and consumption allowances, unexpended production for export allowances, or unexpended application-specific allowances held by that person under the authority of this subpart at that time in that control period. Every kilogram of production in excess of allowances expended constitutes a separate violation of this subpart. The required amount of allowances that must be expended will be calculated to the tenth with a minimum expenditure of 0.1 allowances for any production of regulated substances. (2) As of January 1, 2022, no person may expend production allowances to produce a quantity of regulated substances unless that person expends an equal quantity of consumption allowances at the same time. (3) A person is not required to expend production, consumption, or application-specific allowances to produce regulated substances if the regulated substances are destroyed using a technology approved by the Administrator for destruction under § 84.29 within 30 days of generating the regulated substance if the destruction technology is located at the facility where production occurred or 120 days of generating the regulated substance if the destruction technology is not located at the facility where production occurred. (4) No person may expend production or consumption allowances for generation of HFC-23 that is emitted at the same facility as where it is produced. Consistent with this prohibition, prior to the emissions standard compliance date established in § 84.27, neither production nor consumption allowances are required for HFC-23 emitted at the same facility as where it is produced. (b) Import. This paragraph applies starting January 1, 2022. (1) No person may import bulk regulated substances, either as a single component or a multicomponent substance, except: (i) If the importer of record possesses at the time they are re… | |||
| 40:40:21.0.1.1.3.1.1.4 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.7 Phasedown schedule. | EPA | [86 FR 55201, Oct. 5, 2021, as amended at 88 FR 44225, July 12, 2023; 88 FR 46895, July 20, 2023] | (a) Phasedown from baseline. Total production and consumption of regulated substances in the United States in each year cannot exceed the amounts (shown as a percentage of baseline) in the following table: (b) Annual production and consumption limits. (1) The production baseline for regulated substances is 382,535,439 metric tons of exchange value equivalent. (2) The consumption baseline for regulated substances is 302,538,316 metric tons of exchange value equivalent. (3) Total production and consumption in metric tons of exchange value equivalent for regulated substances in the United States in each year is derived by multiplying the production baseline or consumption baseline by the percentage in paragraph (a) of this section. Total production and consumption allowances issued under this subpart may not exceed the quantities shown in the following table: Table 2 to Paragraph ( b )(3) | |||
| 40:40:21.0.1.1.3.1.1.5 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.9 Allocation of calendar-year production allowances. | EPA | [86 FR 55201, Oct. 5, 2021, as amended at 88 FR 46895, July 20, 2023; 90 FR 41721, Aug. 26, 2025] | (a) The relevant agency official will issue, through a separate notification, calendar year 2022 and 2023 production allowances to entities that produced a regulated substance in 2020. The number of production allowances allocated to each eligible entity for 2022-2023 is calculated as follows: (1) Take the average of the three highest annual exchange value-weighted production amounts that each eligible entity reported to the agency for calendar years 2011 through 2019; (2) Sum the “average high year” values determined in step 1 of all eligible entities and determine each entity's percentage of that total; (3) Determine the amount of general pool production allowances by subtracting the quantity of application-specific allowances for that year as determined in accordance with § 84.13 and the set-aside in § 84.15 from the production cap in § 84.7(b)(3); (4) Determine individual entities' production allowance quantities by multiplying each entity's percentage determined in step 2 by the amount of general pool allowances determined in step 3. (b) Starting with the allocation of 2024 calendar years allowances, the relevant Agency official will issue, through a separate notification, calendar year production allowances to entities that produced a regulated substance in 2021 or 2022, or both 2021 and 2022. The allocation of calendar years 2024, 2025, 2026, 2027, and 2028 production allowances is calculated as follows for each entity: (1) Take the average of the three highest annual exchange value-weighted production amounts that each eligible entity reported to the Agency for calendar years 2011 through 2019. If an entity, or commonly owned or controlled group of entities, does not have consumption amounts for three years between calendar years 2011 through 2019, the relevant Agency official will take the average of available year(s) of consumption for calendar years 2011 through 2019; (2) Sum every entity's average values determined in paragraph (b)(1) of this section and determine each entity's percentage of th… | |||
| 40:40:21.0.1.1.3.1.1.6 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.11 Allocation of calendar-year consumption allowances. | EPA | [86 FR 55201, Oct. 5, 2021, as amended at 88 FR 46896, July 20, 2023; 90 FR 41721, Aug. 26, 2025] | (a) The relevant agency official will issue, through a separate notification, calendar years 2022 and 2023 consumption allowances to entities that imported or produced a bulk regulated substance in 2020, unless an individual accommodation is permitted by a relevant Agency official. If multiple entities that imported are related through shared corporate or common ownership or control, the relevant agency official will calculate and issue allowances to a single corporate or common owner. The number of consumption allowances allocated to each eligible entity for 2022-2023 is calculated as follows: (1) Take the average of the three highest annual exchange value-weighted consumption amounts chosen at the corporate or common ownership level for eligible entities reporting to the agency for each calendar year 2011 through 2019; (2) Sum the “average high year” values determined in step 1 of all eligible entities and determine each entity's percentage of that total; (3) Determine the amount of general pool consumption allowances by subtracting the quantity of application-specific allowances for that year as determined in accordance with § 84.13 and the set-aside in § 84.15 from the consumption cap § 84.7(b)(3); (4) Determine individual entity consumption allowance quantities by multiplying each entity's percentage determined in step 2 by the amount of general pool allowances determined in step 3. (b) Starting with the allocation of 2024 calendar years allowances the relevant Agency official will issue, through a separate notification, calendar year consumption allowances. The allocation of calendar year 2024, 2025, 2026, 2027, and 2028 consumption allowances is calculated as follows for each entity: (1) For new market entrants that were allocated allowances pursuant to § 84.15(e)(3), take the allowances allocated for calendar year 2023 and divide that value by the proportion of calendar year 2023 consumption allowances received by general pool allowance holders pursuant to paragraph (a) of this section relative to t… | |||
| 40:40:21.0.1.1.3.1.1.7 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.13 Allocation of application-specific allowances. | EPA | [86 FR 55201, 55208, Oct. 5, 2021, as amended at 90 FR 41721, Aug. 26, 2025] | (a) Application-specific allowances are available to entities for calendar years as designated that use a regulated substance in the following applications: (1) As a propellant in metered dose inhalers for calendar years 2022-2030; (2) In the manufacture of defense sprays for calendar years 2022-2025; (3) In the manufacture of structural composite preformed polyurethane foam for marine use and trailer use for calendar years 2022-2030; (4) In the etching of semiconductor material or wafers and the cleaning of chemical vapor deposition chambers within the semiconductor manufacturing sector for calendar years 2022-2030; (5) For mission-critical military end uses for calendar years 2022-2030; (6) For on board aerospace fire suppression for calendar years 2022-2030; and (7) For any application designated as eligible for application-specific allowances pursuant to § 84.14, but in all instances for no longer than calendar year 2030. (b) Entities identified in paragraph (a) of this section must request application-specific allowances by July 31 of the calendar year prior to the year in which the allowances may be used starting with the calendar year 2023 allocation. The application must include the information required in § 84.31(h)(2) except for applications for mission-critical military end uses, which must include the information required in § 84.31(h)(3). (1) Entities must provide additional information if requesting that EPA consider unique circumstances that are not reflected by the rates of growth calculated in paragraph (c)(1) of this section, including supporting documentation that verifies this need. The relevant agency official will consider the following situations as unique circumstances: (i) Demonstrated manufacturing capacity coming on line; (ii) The acquisition of another domestic manufacturer or its manufacturing facility or facilities; (iii) A global pandemic, other public health emergency, or other healthcare system needs related to increased patients diagnosed with medical conditions treat… | |||
| 40:40:21.0.1.1.3.1.1.8 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.14 Petition for designation of an application as eligible for application-specific allowances. | EPA | [90 FR 41722, Aug. 26, 2025] | (a) Petitions filed pursuant to 42 U.S.C. 7675(e)(4)(B)(ii) requesting the designation of an application as eligible for application-specific allowances must include: (1) A description of the application, including an explanation of what the application is, what purpose or function it achieves, and what populations or commercial products benefit from the application; (2) A list of regulated substance(s) and description of their use(s) in the application and an explanation as to why regulated substances are required in the application; (3) Evidence that no safe or technically achievable substitute, including not-in-kind technologies, is or is expected to be available, and that the petitioner has conducted research to evaluate substitutes for the regulated substance(s); (4) Evidence that supply of the regulated substance(s) used in the application is insufficient to accommodate the application; (5) A signed certification from a responsible corporate officer at the requesting entity that the application cannot use recovered and reprocessed regulated substance in conjunction with or in place of virgin regulated substance, either due to demonstrated lack of technical achievability or insufficient supply, and an explanation and evidence documenting why recovered and reprocessed regulated substance cannot be used for the application; (6) Total quantity (in kilograms) of all regulated substances acquired and used by each individual entity submitting the petition for use in the application specified in the petition in each of the previous three years, including records documenting that quantity; (7) The name of the entity or entities supplying regulated substances and contact information for those suppliers over the past three years; (8) Total quantity (in kilograms) of each regulated substance held in inventory for use in the application specified in the petition by each entity submitting the petition as of the date the petition is submitted; (9) An estimate of the total quantity of regulated substances the peti… | |||
| 40:40:21.0.1.1.3.1.1.9 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | A | Subpart A—Production and Consumption Controls | § 84.15 Set-aside of application-specific allowances, production allowances, and consumption allowances. | EPA | [86 FR 55201, Oct. 5, 2021, as amended at 90 FR 41722, Aug. 26, 2025] | (a) Total allowances available under this section to be allocated for calendar years 2022 and 2023 are: (1) Up to 7.5 million metric tons of exchange value equivalent consumption allowances annually for calendar years 2022 and 2023. (2) Up to 2.5 million metric tons of exchange value equivalent production allowances for calendar years 2022 and 2023. (b)(1) Consumption and production allowances in paragraph (a) of this section are available in the form of application-specific allowances to entities that qualify for application-specific allowances under § 84.13 that were not issued allowances as of October 1, 2021. (2) Entities must provide the relevant Agency official with the information contained in § 84.13 by November 30, 2021 to be eligible for consideration. (c) Consumption allowances in paragraph (a) of this section are available to either: (1) Persons who imported regulated substances in 2020 that were not required to report under 40 CFR part 98 and were not issued allowances as of October 1, 2021; or (2) Persons who are newly importing regulated substances, do not share corporate or common ownership, corporate affiliation in the past five years, or familial relations with entities receiving allowances through this rule. (d)(1) Persons who meet the criteria listed in paragraph (c)(1) of this section must provide the relevant Agency official with the following information by November 30, 2021, to be eligible for consideration: (i) Name and address of the company, the complete ownership of the company (with percentages of ownership), and contact information for a designated representative at the company; (ii) The following information on an annual basis for all years between 2011 and 2020 where the person imported regulated substances: (A) The total quantity (in kilograms) imported of each regulated substance each year, including each shipment, dates of and port of entry for each import, and country from which the imported regulated substances were imported; (B) The Harmonized Tariff Schedule code… | |||
| 40:40:21.0.1.1.3.2.1.1 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.50 Purpose. | EPA | The purpose of the regulations in this subpart is to implement subsection (i) of 42 U.S.C. 7675, with respect to establishing restrictions on the use of a regulated substance in the sector or subsector in which the regulated substance is used, and to provide requirements associated with the submission of petitions seeking such restrictions. | ||||
| 40:40:21.0.1.1.3.2.1.2 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.52 Definitions. | EPA | For the terms not defined in this subpart but that are defined in § 84.3, the definitions in § 84.3 shall apply. For the purposes of this subpart: Blend containing a regulated substance means any mixture that contains one or more regulated substances. Export means the transport of a product or specified component using a regulated substance from inside the United States or its territories to persons outside the United States or its territories, excluding United States military bases and ships for onboard use. Exporter means the person who contracts to sell any product or specified component using a regulated substance for export or transfers a product or specified component using a regulated substance to an affiliate in another country. Importer means any person who imports any product or specified component using or intended for use with a regulated substance into the United States. Importer includes the person primarily liable for the payment of any duties on the merchandise or an authorized agent acting on his or her behalf. The term also includes: (1) The consignee; (2) The importer of record; (3) The actual owner; or (4) The transferee, if the right to withdraw merchandise from a bonded warehouse has been transferred. Install means to complete a field-assembled system's circuit, including charging with a full charge, such that the system can function and is ready for use for its intended purpose. Manufacture means to complete the manufacturing and assembly processes of a product or specified component such that it is ready for initial sale, distribution, or operation. Product means an item or category of items manufactured from raw or recycled materials which performs a function or task and is functional upon completion of manufacturing. The term includes, but is not limited to: appliances, foams, fully formulated polyols, self-contained fire suppression devices, aerosols, pressurized dispensers, and wipes. Retrofit means to upgrade existing equipment where the regulated substance is chan… | ||||
| 40:40:21.0.1.1.3.2.1.3 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.54 Restrictions on the use of hydrofluorocarbons. | EPA | [88 FR 73205, Oct. 24, 2023; 88 FR 88832, Dec. 26, 2023, as amended at 89 FR 100392, Dec. 12, 2024; 90 FR 41724, Aug. 26, 2025] | (a) No person may manufacture or import any product in the following sectors or subsectors that uses a regulated substance as listed in this paragraph: (1) Effective January 1, 2025, self-contained residential and light commercial air conditioning and heat pump products using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (2) Effective January 1, 2025, residential dehumidifiers using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (3) Effective January 1, 2025, household refrigerators and freezers using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (4) Effective January 1, 2025, retail food refrigeration—stand-alone units using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (5) Effective January 1, 2025, vending machines using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 150 or greater; (6) Effective January 1, 2025, refrigerated transport—intermodal containers with the temperature of the refrigerant entering the evaporator (for direct heat exchange systems) or the temperature of the fluid exiting (for chillers) of −50 °C (−58 °F) or higher using a regulated substance, or a blend containing a regulated substance, with a global warming potential of 700 or greater; (7) Effective January 1, 2025, self-contained products in refrigerated transport—road and refrigerated transport—marine subsectors using any of the following: R-402A, R-402B, R-404A, R-407B, R-408A, R-410B, R-417A, R-421A, R-421B, R-422A, R-422B, R-422C, R-422D, R-424A, R-428A, R-434A, R-438A, R-507A, R-125/290/134a/600a (55/1/42.5/1.5), RS-44 (2003 formulation) or GHG-X5; (8) Self-contained automatic commercial ice machines as follows: (i) Effective January 1, 2026, ice maker products with a harvest rate … | |||
| 40:40:21.0.1.1.3.2.1.4 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.56 Exemptions. | EPA | (a) The regulations under this subpart, including §§ 84.54, 84.58, 84.60, and 84.62, do not apply to: (1) Equipment in existence in the United States prior to December 27, 2020; and (2) Any product using a regulated substance or a blend containing a regulated substance, or intended to use a regulated substance or a blend containing a regulated substance, in an application listed at § 84.13(a), for a year or years for which that application receives an application-specific allowance as defined at § 84.3. (b) The prohibitions on the manufacture, import, sale, distribution, offer for sale or distribution, or export of products in § 84.54(a) and (b) do not apply to components that use, or are intended to use, any regulated substance. (c) The prohibitions on the sale, distribution, offer for sale or distribution, or export of products in § 84.54(b) do not apply to: (1) Products after a period of ordinary utilization or operation by a consumer; or (2) Products within the disposal or recycling chain. (d) The prohibition on the import of used products in § 84.54(a) does not apply to: (1) Systems in use by a conveyance in trade travelling into U.S. jurisdiction including refrigeration, air-conditioning, and heat pump systems in operation aboard ships, planes, motor vehicles, and intermodal containers; (2) Products in the possession of a consumer for personal use; or (3) Products imported solely for recycling or disposal. | ||||
| 40:40:21.0.1.1.3.2.1.5 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.58 Labeling. | EPA | (a) Effective upon the dates listed for each subsector in § 84.54(a) and (c), any product, specified component, or system manufactured, imported, or installed within the refrigeration, air-conditioning, and heat pump sector using any regulated substance, or blend containing any regulated substance, regardless of global warming potential must have a permanent label compliant with paragraph (d) of this section stating: (1) The chemical name(s) or American Society of Heating, Refrigerating and Air-Conditioning Engineers designation of the regulated substance(s) or blend containing a regulated substance; (2) The full date, or at minimum the four-digit year, of manufacture. For field-charged system installations, this shall be the date of first charge and the label shall be completed at first charge. For MVACs listed in § 84.54(a)(13)(i) and (ii), the model year may be used instead of the date of manufacture. (3) An indication of the full refrigerant charge capacity, either as the specific charge size of the system, or the charge size as it relates to the threshold for the relevant subsector. This means an indication that the charge is either two hundred pounds or more, or less than two hundred pounds, in the following subsectors: (i) Industrial process refrigeration (without chillers); (ii) Retail food refrigeration—supermarket systems; (iii) Retail food refrigeration—remote condensing units; and (iv) Cold storage warehouses. (4) An indication of the charge size of the equipment or the charge size as it relates to the threshold for self-contained refrigerated food processing and dispensing products. This means an indication that the charge is greater than or equal to 500 grams, or less than 500 grams. (5) An indication of the harvest rate, either as the specific harvest rate of the equipment, or the harvest rate as it relates to the threshold for self-contained automatic commercial ice machines, and the type of ice machine (either batch or continuous). This means an indication that that harvest rate is eithe… | ||||
| 40:40:21.0.1.1.3.2.1.6 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.60 Reporting and recordkeeping. | EPA | (a) Reporting. (1) Effective January 1, 2025, any person who imports or manufactures a product or specified component within a sector or subsector listed in § 84.54 that uses or is intended to use a regulated substance or blend containing a regulated substance must comply with the following reporting and recordkeeping requirements: (i) Reports must be submitted annually to EPA within 90 days of the end of the reporting period; (ii) Reports must be submitted electronically in a format specified by EPA; (iii) Each report shall be signed and attested; (2) Each report must include: (i) The reporting entity's name, address, contact person, email address, and phone number of the contact person; (ii) The year covered under the report and the date of submittal; (iii) All applicable NAICS code(s); and (iv) A statement of certification that the data are accurate and that the products use regulated substances, or blends containing regulated substances, that meet the requirements of § 84.54, and are labeled in accordance with § 84.58. (3) Reports for products and specified components in the refrigeration, air-conditioning, and heat pump sector must also include the following information: (i) For each set of products or specified components with the same combination of charge size and regulated substance(s), the report must specify the subsector of the product or specified component based on the categorization in § 84.54; the identity of the regulated substance or blend containing a regulated substance, the charge size (including holding charge or no charge, if applicable), and the number of units imported, manufactured, and exported; (ii) For products and specified components that include closed-cell foam containing a regulated substance, the report must include the identity of the regulated substance(s) in the foam, the mass of the regulated substance(s) in the foam, and the number of products manufactured, imported, or exported with the same combination of mass and identity of regulated substance(s) within the… | ||||
| 40:40:21.0.1.1.3.2.1.7 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.62 Technology transitions petition requirements. | EPA | (a) Each petition sent to the Administrator under subsection (i) of the AIM Act shall include the following elements: (1) The sector and subsector(s) for which restrictions on use of the regulated substance would apply. (2) For each sector and subsector identified in a petition, the restriction on the use of a regulated substance through any of the following: (i) A global warming potential limit that will apply to regulated substances or blends containing regulated substances with global warming potentials at or above that limit; (ii) Identification of the regulated substance(s) or blend(s) containing a regulated substance to be restricted and its global warming potential according to § 84.64; or (iii) Another form of restriction with an explanation for why a restriction under paragraph (a)(2)(i) or (ii) of this section would not be appropriate. (3) For each restriction on the use of a regulated substance contained in a petition, the effective date on which the regulated substance use restriction would commence and information supporting the identified effective date. (4) Address whether the Administrator negotiate with stakeholders in accordance with the negotiated rulemaking procedure provided for under subchapter III of chapter 5 of title 5, United States Code, including an explanation of their position to support or oppose the use of the negotiated rulemaking procedure. (5) For each requested restriction, to the extent practicable, information related to the considerations provided in subsection (i)(4) of 42 U.S.C. 7675 to facilitate the Agency's review of the petition. (b) Any petition submitted to the Administrator must be submitted electronically using the methods prescribed by the Administrator. | ||||
| 40:40:21.0.1.1.3.2.1.8 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | B | Subpart B—Restrictions on the Use of Hydrofluorocarbons | § 84.64 Global warming potentials. | EPA | (a) The global warming potential of a regulated substance is the exchange value for the regulated substance listed in subsection (c) of the AIM Act and in appendix A to this part 84. (b) For blends containing a regulated substance, the global warming potential of the blend is the sum of the global warming potentials of each constituent of the blend multiplied by the nominal mass fraction of that constituent within the blend. The global warming potential of each constituent shall be as follows: Table 1 to Paragraph (b) (c) For constituents of a blend containing a regulated substance that do not have a global warming potential as provided in paragraph (b) of this section, the constituent and its nominal mass fraction in the blend shall be excluded from the calculation in paragraph (b). | ||||
| 40:40:21.0.1.1.3.3.1.1 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.100 Purpose. | EPA | The purpose of the regulations in this subpart is to implement subsection (h) of 42 U.S.C. 7675, including with respect to establishing requirements to control practices, processes, or activities regarding the servicing, repair, disposal, or installation of equipment, for purposes of maximizing reclaiming, minimizing the release of regulated substances from equipment, and ensuring the safety of technicians and consumers. | ||||
| 40:40:21.0.1.1.3.3.1.10 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.118 Treatment of data submitted under 40 CFR part 84, subpart C | EPA | (a) Except as otherwise provided in this section, 40 CFR 2.201 through 2.215 and 2.301 do not apply to data submitted under this subpart that EPA has determined through rulemaking to be either of the following: (1) Emission data, as defined in 40 CFR 2.301(a)(2), determined in accordance with section 114(c) and 307(d) of the Clean Air Act; or (2) Data not otherwise entitled to confidential treatment. (b) Except as otherwise provided in paragraph (d) of this section, 40 CFR 2.201 through 2.208 and 2.301(c) and (d) do not apply to data submitted under this subpart that EPA has determined through rulemaking to be entitled to confidential treatment. EPA shall treat that information as confidential in accordance with the provisions of 40 CFR 2.211, subject to paragraph (d) of this section and 40 CFR 2.209. (c) Upon receiving a request under 5 U.S.C. 552 for data submitted under this subpart that EPA has determined through rulemaking to be entitled to confidential treatment, the relevant Agency official shall furnish the requestor a notice that the information has been determined to be entitled to confidential treatment and that the request is therefore denied. The notice shall include or cite to the appropriate EPA determination. (d) A determination made through rulemaking that information submitted under this subpart is entitled to confidential treatment shall continue in effect unless, subsequent to the confidentiality determination through rulemaking, EPA takes one of the following actions: (1) EPA determines through a subsequent rulemaking that the information is emission data or data not otherwise entitled to confidential treatment; or (2) The Office of General Counsel issues a final determination, based on the requirements of 5 U.S.C. 552(b)(4), stating that the information is no longer entitled to confidential treatment because of change in the applicable law or newly discovered or changed facts. Prior to making such final determination, EPA shall afford the business an opportunity to submit comments on … | ||||
| 40:40:21.0.1.1.3.3.1.11 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.120 Relationship to other laws. | EPA | Section (k) of the AIM Act states that sections 113, 114, 304, and 307 of the Clean Air Act (42 U.S.C. 7413, 7414, 7604, 7607) shall apply to this section and any rule, rulemaking, or regulation promulgated by the Administrator pursuant to this section as though this section were expressly included in title VI of that Act (42 U.S.C. 7671 et seq. ). Violation of this part is subject to Federal enforcement and the penalties laid out in section 113 of the Clean Air Act. | ||||
| 40:40:21.0.1.1.3.3.1.2 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.102 Definitions. | EPA | For the terms not defined in this subpart but that are defined in § 84.3, the definitions in § 84.3 shall apply. For the purposes of this subpart C: Certified technician means a technician that has been certified per the provisions at 40 CFR 82.161. Comfort cooling means the refrigerant-containing appliances used for air conditioning to provide cooling in order to control heat and/or humidity in occupied facilities including but not limited to residential, office, and commercial buildings. Comfort cooling appliances include but are not limited to chillers, commercial split systems, dual-function heat pumps, 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 refrigerant-containing appliances found in supermarkets, convenience stores, restaurants, and other food service establishments. Cold storage includes the refrigerant-containing appliances 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 refrigerant-containing equipment, means the process leading to and including: (1) The discharge, deposit, dumping, or placing of any discarded refrigerant-containing equipment into or on any land or water; (2) The disassembly of any refrigerant-containing equipment 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 equipment … | ||||
| 40:40:21.0.1.1.3.3.1.3 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.104 Prohibitions. | EPA | (a) Sale of recovered refrigerant. No person may sell, distribute, or transfer to a new owner, or offer for sale, distribution, or transfer to a new owner, any regulated substance used as a refrigerant in stationary refrigerant-containing equipment consisting in whole or in part of recovered regulated substances, unless the recovered regulated substance: (1) Has been reclaimed by a person who has been certified as a reclaimer under 40 CFR 82.164 and has been reclaimed by being reprocessed to all of the specifications in appendix A to 40 CFR part 82, subpart F that are applicable to that regulated substance and verified to meet these specifications using the analytical methodology prescribed in section 5 of appendix A to 40 CFR part 82, subpart F; or (2) Is sold, distributed, or transferred to a new owner, or offered for sale, distribution, or transfer to a new owner solely for the purposes of being reclaimed or destroyed. (b) [Reserved] | ||||
| 40:40:21.0.1.1.3.3.1.4 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.106 Leak repair. | EPA | (a) Applicability. This section applies to refrigerant-containing appliances with a full charge of 15 or more pounds of refrigerant where the refrigerant contains: (1) A regulated substance, (2) A substitute for a regulated substance that has a global warming potential greater than 53, based on the global warming potentials listed in table 1 of § 84.64(b). (3) Notwithstanding the criteria in paragraphs (a)(1) and (2) of this section, the requirements of this section do not apply to: (i) Appliances (as defined in 40 CFR 82.152) containing solely an ozone-depleting substance as listed in 40 CFR part 82, subpart A as a refrigerant; (ii) Refrigerant-containing appliances used for the residential and light commercial air conditioning and heat pump subsector. (4) The requirements of this section apply as of January 1, 2026. (b) Leak rate calculation. Persons adding or removing refrigerant from a refrigerant-containing appliance must, upon conclusion of that installation, service, repair, or disposal, provide the owner or operator with documentation that meets the applicable requirements of paragraph (l)(2) of this section. The owner or operator must calculate the leak rate every time refrigerant is added to an appliance unless the addition is made immediately following a retrofit, installation of a new refrigerant-containing appliance, or qualifies as a seasonal variance. (1) Where an owner or operator is using the annualizing method to calculate a leak rate for a refrigerant-containing appliance for the first time after January 1, 2026, the calculation should substitute 365 days as the number of days since last refrigerant addition. (2) Where an owner or operator is using the rolling average method to calculate a leak rate for a refrigerant-containing appliance for the first time after January 1, 2026, the calculation should substitute pounds of refrigerant added since January 1, 2026. (3) An owner or operator may switch to a different leak rate calculation methodology only if the following requirements … | ||||
| 40:40:21.0.1.1.3.3.1.5 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.108 Automatic leak detection systems. | EPA | (a) Owners or operators of refrigerant-containing appliances used for industrial process refrigeration or commercial refrigeration with a full charge of 1,500 pounds or greater of a refrigerant containing a regulated substance or a substitute for a regulated substance with a global warming potential greater than 53 must install and use an automatic leak detection system in accordance with this section. (1) If the refrigerant in a refrigerant-containing appliance contains a substitute for a regulated substance, whether the global warming potential of the substitute is greater than 53 will be determined as described in § 84.106(a)(2). (2) [Reserved] (b)(1) Owners and operators of refrigerant-containing appliances that are subject to the requirements under paragraph (a) of this section and that are installed on or after January 1, 2026, must install and use an automatic leak detection system upon installation of the refrigerant-containing appliance or within 30 days of installation of the refrigerant-containing appliance. (2) Owners and operators of refrigerant-containing appliances that are subject to the requirements under paragraph (a) of this section and that were installed on or after January 1, 2017, and before January 1, 2026, must install and use an automatic leak detection system by January 1, 2027. (c) Automatic leak detection systems must be installed in accordance with manufacturer instructions. (d) Automatic leak detection systems must be audited and calibrated annually. (e) Automatic leak detection systems are required to monitor components located inside an enclosed building or structure. (f) For automatic leak detection systems that directly detect the presence of a refrigerant in air, the system must: (1) Have sensors or intakes placed so that they will continuously monitor the refrigerant concentrations in air in proximity to the compressor, evaporator, condenser, and other areas with a high potential for a refrigerant leak; (2) Accurately detect a concentration level of 10 parts per mill… | ||||
| 40:40:21.0.1.1.3.3.1.6 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.110 Emissions from fire suppression equipment. | EPA | (a) As of January 1, 2026, no person installing, servicing, repairing, or disposing of fire suppression equipment containing a regulated substance may knowingly vent or otherwise release into the environment any regulated substances used in such equipment. (1) Release of regulated substances during testing of fire suppression equipment is not subject to the prohibition under this paragraph (a) if the following four conditions are met: (i) Equipment employing suitable alternative fire suppression agents are not available; (ii) Release of fire suppression agent is essential to demonstrate equipment functionality; (iii) Failure of the system or equipment would pose great risk to human safety or the environment; and (iv) A simulant agent cannot be used in place of the regulated substance for testing purposes. (2) The prohibition under this paragraph (a) does not apply to qualification and development testing during the design and development process of fire suppression equipment containing regulated substances when such tests are essential to demonstrate equipment functionality and when a suitable simulant agent cannot be used in place of the regulated substance for testing purposes. (3) The prohibition under this paragraph (a) does not apply to the emergency release of regulated substances for the legitimate purpose of fire extinguishing, explosion inertion, or other emergency applications for which the fire suppression equipment was designed. (b) As of January 1, 2026, no owner or operator of fire suppression equipment containing regulated substances shall allow the release of regulated substances to occur as a result of failure to maintain such fire suppression equipment. (c) As of January 1, 2030, recycled regulated substances must be used for the initial installation of new fire suppression equipment, including both total flooding systems and streaming applications, that is installed in the United States. As of January 1, 2026, recycled regulated substances must be used for the servicing and/or repair o… | ||||
| 40:40:21.0.1.1.3.3.1.7 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.112 Reclamation. | EPA | (a) Reclamation Standard. As of January 1, 2026, no person may sell, identify, or report refrigerant as being reclaimed for use in the installation, servicing, or repair of refrigerant-containing equipment if the regulated substance component of the resulting refrigerant contains more than 15 percent, by weight, of virgin regulated substance. (b) Bona fide use. No person may sell, identify, or report refrigerant as being reclaimed if it contains any recovered regulated substance that has not had bona fide use in equipment, unless that refrigerant was removed from the heel or residue of a container that had a bona fide use in the servicing, repair, or installation of refrigerant-containing equipment. (c) Labeling. As of January 1, 2026, reclaimers certified under 40 CFR 82.164 must affix a label to any container they fill that is being sold or distributed or offered for sale or distribution and that contains reclaimed regulated substances to certify that the contents do not exceed 15 percent, by weight, of virgin regulated substances. (1) The label must read: “The contents of this container do not exceed the limit of 15 percent, by weight, on virgin regulated substance per 40 CFR 84.112(a) .” (2) The label must be: (i) In English; (ii) Durable and printed or otherwise labeled on, or affixed to, an external surface of the container; (iii) Readily visible and legible; (iv) Able to withstand open weather exposure without a substantial reduction in visibility or legibility; and (v) Displayed on a background of contrasting color. (d) Recordkeeping. As of January 1, 2026, reclaimers certified under 40 CFR 82.164 must generate a record to certify that the reclaimed regulated substance(s) being used to fill a container that will be sold or distributed or offered for sale or distribution do not exceed 15 percent, by weight, of virgin regulated substances. (1) The record must be generated electronically, in a format specified by EPA. (2) The record must contain the following information: (i) The name, … | ||||
| 40:40:21.0.1.1.3.3.1.8 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.114 Exemptions. | EPA | (a) Notwithstanding the other provisions of this subpart, the regulations under this subpart do not apply to a regulated substance or a substitute for a regulated substance that is contained in a foam. (b) Notwithstanding the other provisions of this subpart, the regulations under this subpart do not apply to two applications, mission-critical military end uses and on board aerospace fire suppression, as listed at § 84.13(a), for a year or years for which that application receives an application-specific allowance as defined at § 84.3. | ||||
| 40:40:21.0.1.1.3.3.1.9 | 40 | Protection of Environment | I | C | 84 | PART 84—PHASEDOWN OF HYDROFLUOROCARBONS | C | Subpart C—Management of Regulated Substances | § 84.116 Requirements for disposable cylinders. | EPA | (a) As of January 1, 2028, any person who uses a disposable cylinder must send such disposable cylinder for further processing to remove the heel, as described in paragraphs (b) and (c) of this section, when: (1) The disposable cylinder contains a regulated substance(s); (2) The disposable cylinder was used in the servicing, repair, or installation of refrigerant-containing equipment or fire suppression equipment; and (3) The person does not intend to use the disposable cylinder in future servicing, repair, or installation of refrigerant-containing equipment or fire suppression equipment. (b) Except as provided in paragraphs (e) and (g) in this section, disposable cylinders that meet the criteria in paragraphs (a)(1), (a)(2), and (a)(3) of this section must be sent to: (1) A reclaimer certified under 40 CFR 82.164; (2) A fire suppressant recycler, if the disposable cylinder was used in the servicing, repair, or installation of fire suppression equipment; (3) A final processor, such as a landfill operator or a scrap metal recycler, who is capable of removing the heel from disposable cylinders; or (4) A refrigerant supplier (including but not limited to distributors and wholesalers), who is capable of removing the heel from disposable cylinders. (c) Regulated substance(s) removed from heels of disposable cylinders by those entities identified in paragraphs (b)(3) and (b)(4) of this section, where those removed heels are or are not aggregated into a larger container, must be sent to a reclaimer certified under 40 CFR 82.164 or a fire suppressant recycler. (1) Regulated substance(s) removed from heels of disposable cylinders that exhibit ignitability characteristics (per 40 CFR 261.21), where those removed heels are or are not aggregated into a larger container, must be sent to a reclaimer certified under 40 CFR 82.164 that is in compliance with the requirements at 40 CFR part 266, subpart Q. (2) [Reserved] (d) As of January 1, 2028, an entity as described in paragraphs (b)(1), (b)(2), (b)(3), or (b)(4) o… |
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CREATE TABLE cfr_sections (
section_id TEXT PRIMARY KEY,
title_number INTEGER,
title_name TEXT,
chapter TEXT,
subchapter TEXT,
part_number TEXT,
part_name TEXT,
subpart TEXT,
subpart_name TEXT,
section_number TEXT,
section_heading TEXT,
agency TEXT,
authority TEXT,
source_citation TEXT,
amendment_citations TEXT,
full_text TEXT
);
CREATE INDEX idx_cfr_title ON cfr_sections(title_number);
CREATE INDEX idx_cfr_part ON cfr_sections(part_number);
CREATE INDEX idx_cfr_agency ON cfr_sections(agency);