EPA Proposes New Regulations to Reduce HFC Leaks

On October 19, 2023, the Environmental Protection Agency (EPA) issued a notice of proposed rulemaking that addresses the management of hydrofluorocarbons and certain substitutes (together referred to as HFCs). This proposed rulemaking includes regulations around HFC leak detection, HFC leak repair, recycling of HFCs, and other related topics.

The proposed rules are part of a broader set of rules implementing the American Innovation and Manufacturing Act of 2020 (AIM Act). The AIM Act authorizes EPA to address HFCs in three main ways: (1) phasing down HFC production and consumption through an allowance allocation program; (2) facilitating the transition to next-generation technologies by restricting use of these HFCs in the sector or subsectors in which they are used; and (3) promulgating certain regulations for purposes of maximizing reclaiming and minimizing releases of HFCs from equipment and ensuring the safety of technicians and consumers. The proposed rulemaking focuses on the third area— maximizing reclaiming and minimizing releases of HFCs from equipment and ensuring the safety of technicians and consumers.

EPA estimates that, between the years 2025–2050, the proposed rule provisions would prevent an estimated 142 million metric tons of CO₂ equivalent (MMTCO₂ e) in HFC emissions, and avoid an estimated $9.8 billion in damages (in 2022 dollars) associated with those emissions. The annual benefits are estimated to decrease over time due to the HFC phasedown and the transition away from HFCs that have a higher global warming potential, as leaks will have fewer associated harms. 

EPA is accepting comments on the proposed rule until December 18, 2023.