Protection of Stratospheric Ozone; Refrigerant Recycling; Substitute Refrigerants

The Environmental Protection Agency (EPA) is amending the rule on refrigerant recycling, promulgated under section 608 of the Clean Air Act (CAA or Act), to clarify how the requirements of section 608 apply to refrigerants that are used as substitutes for chlorofluorocarbon (CFC) and hydrochlorofluorocarbon (HCFC) refrigerants. This rule explicates the self-effectuating statutory prohibition on venting substitute refrigerants to the atmosphere that became effective on November 15, 1995. The rule also exempts certain substitute refrigerants from the venting prohibition on the basis of current evidence that their release does not pose a threat to the environment. In addition, EPA is amending the current refrigerant recovery and recycling requirements for chlorofluorocarbon (CFC) and hydrochlorofluorocarbon (HCFC) refrigerants to accommodate the proliferation of new refrigerants on the market, and to clarify that the venting prohibition applies to all refrigerants for which EPA has not made a determination that their release "does not pose a threat to the environment," namely hydrofluorocarbon (HFC) and perfluorocarbon (PFC) refrigerants. With the exception of the venting prohibition, this rule will not further regulate the use or sale of substitute refrigerants that do not contribute to the depletion of the stratospheric ozone layer, such as HFC and perfluorocarbon PFC refrigerants. In addition, today's action will not address leak repair requirements for appliances containing substitutes for ozone-depleting substance (ODS) refrigerants nor will it address certification requirements for refrigerant recovery or recycling equipment intended for use with substitute refrigerants.