Frequent Questions on the Alternative Standards for Refrigerant Recycling
On October 11, 2024, EPA finalized a rule on the phasedown of hydrofluorocarbons under the American Innovation and Manufacturing Act of 2020. This Act directs the EPA to establish regulations to maximize reclamation and minimize releases of hydrofluorocarbons and their substitutes, as well as ensure the safety of technicians and consumers.
In this rule, EPA also finalized alternative recycling criteria for ignitable used refrigerants, including some hydrofluorocarbons and their equivalents under Resource Conservation and Recovery Act authority. These final RCRA alternatives largely defer to existing Clean Air Act standards for refrigerant recovery equipment and reclaimer certification. They also include a prohibition on speculative accumulation and requirements for emergency preparedness and response for refrigerant reclaimers. These final changes to the hazardous waste regulations aim to decrease emissions and support safe recycling of used refrigerants.
Find questions and answers about the RCRA refrigerant recycling alternative standards below.
On this page:
- What changes did EPA make to the RCRA hazardous waste standards for ignitable spent refrigerants?
- Did EPA publish a separate Federal Register notice for the changes to the RCRA hazardous waste standards?
- Which refrigerants do the RCRA alternative standards affect?
- Which requirements do reclaimers need to meet to accept ignitable spent refrigerants under the RCRA alternative standards? Do these reclaimers need to get RCRA permits?
- What applicable emergency preparedness and response requirements must the reclaimer meet?
- Is there a weight threshold or limit required to trigger the RCRA alternative standards?
- How do the RCRA alternative standards affect collectors and distributors of ignitable spent refrigerants?
- How do RCRA standards apply to incidental releases of refrigerants?
What changes did EPA make to the RCRA hazardous waste standards for ignitable spent refrigerants?
EPA established alternative RCRA hazardous waste requirements for certain substitute refrigerants that exhibit the hazardous characteristic of ignitibility (i.e., Class 2 and 2L refrigerants) to encourage recycling and decrease the potential for releases of ignitable spent refrigerants. The changes exclude certain HFCs and non-HFC substitute refrigerants from certain hazardous waste requirements if they are sent to EPA-certified reclaimers under CAA Section 608 and meet the other requirements of the alternative standards.
Did EPA publish a separate Federal Register notice for the changes to the RCRA hazardous waste standards?
No. You can find the changes to the RCRA hazardous standards for ignitable spent refrigerant in Section IV.H of the preamble to the 2024 Emissions Reduction and Reclamation final rule. The RCRA regulatory language for Title 40 of the Code of Federal Regulations Parts 261, 262, 266, 270, and 271 describe the entirety of the RCRA changes. EPA codified the new alternative RCRA standard for ignitable spent refrigerants that are recycled for reuse in 40 CFR Part 266, Subpart Q.
Which refrigerants do the RCRA alternative standards affect?
EPA limited the alternative standards to lower flammability substitutes (i.e., Class 2 and 2L), which include all refrigerants that are not considered highly flammable. Highly flammable refrigerants include but are not limited to the following chemicals: butane, isobutane, methane, propane, and/or propylene. In general, industry considers Class 3 refrigerants under the American Society of Heating, Refrigerating and Air-Conditioning Engineers Standard 34 to be highly flammable. Highly flammable refrigerants continue to be subject to all applicable requirements of 40 CFR Parts 262 through 270 when recovered (i.e., removed from an appliance and stored in an external container) or disposed of. The hazardous characteristic of ignitability triggers RCRA regulation of spent refrigerants. The RCRA ignitability characteristic does not list specific chemicals. However, in general, we expect refrigerants with a flammability Class 2 or 3 under ASHRAE Standard 34 to be ignitable under RCRA, and even refrigerants that do not exhibit the characteristic of ignitability as a virgin material could become ignitable with use.
What requirements do reclaimers need to meet to accept ignitable spent refrigerants under the RCRA alternative standards? Do these reclaimers need to get RCRA permits?
Current CAA Section 608-certified reclaimers do not need RCRA permits, as long as they meet the requirements of the rule. Refrigerant reclaimers that accept ignitable spent refrigerants have two additional requirements (beyond their existing CAA obligations) under the new alternative RCRA standards:
- No speculative accumulation.
- Emergency preparedness and response.
Note that for reclaimers, the compliance date for the speculative accumulation limits is the calendar year beginning January 1, 2029. Up until January 1, 2029, reclamation facilities may accumulate ignitable spent refrigerants without recycling them for reuse as long as they meet the other requirements of the alternative RCRA standards. The speculative accumulation limits begin to apply during calendar year 2029. In other words, by December 31, 2029, reclaimers must reclaim 75 % of the inventory of ignitable spent refrigerant that was present on-site on January 1, 2029. If they will be unable to meet this deadline, they may submit a petition for an extension under 40 CFR Section 260.31 using the procedures in 40 CFR Section 260.33, or they must manage their inventory of ignitable spent refrigerant as hazardous waste.
What applicable emergency preparedness and response requirements must the reclaimer meet?
Reclaimers that accept ignitable spent refrigerants (i.e., Class 2 and 2L) must meet the emergency preparedness and response requirements of 40 CFR Part 261, Subpart M, which include:
- Maintaining appropriate emergency equipment on-site.
- Having access to alarm systems.
- Maintaining needed aisle space.
- Making arrangements with local emergency authorities.
- Having a designated emergency coordinator who is responsible for responding in the event of an emergency.
If a reclaimer already has an emergency response or contingency plan, they can amend the plan to incorporate any provisions needed to comply with the requirements. If a facility is already under a plan due to the requirements under U.S. Occupational Safety and Health Administration Process Safety Management, Emergency Action Plan, or Hazard Communication Standard, and that plan fulfills the requirements of 40 CFR Part 261, Subpart M, then the reclaimer already meets this requirement.
Is there a weight threshold or limit required to trigger the RCRA alternative standards?
The RCRA alternative standards do not have minimum weight thresholds and they explicitly apply to Very Small Quantity Generator waste.
How do the RCRA alternative standards affect collectors and distributors of ignitable spent refrigerants?
Collectors and distributors of ignitable spent refrigerants that store ignitable spent refrigerants for 10 days or more before sending the refrigerants to other sites to be recycled for reuse have two additional requirements (beyond their existing CAA obligations) under the new alternative RCRA standards:
- No speculative accumulation.
- Emergency preparedness and response.
How do RCRA standards apply to incidental releases of refrigerants?
EPA does not consider incidental releases of spent refrigerant that occur during the service and repair of appliances subject to CAA Section 608 to be disposal of a hazardous waste under RCRA. However, ignitable spent refrigerant from commercial and industrial appliances (i.e., non-household appliances) will be classified as hazardous waste and will need to be managed under the applicable RCRA regulations (40 CFR Parts 260 through 270) when recovered (i.e., removed from an appliance and stored in an external container) or disposed of. The venting prohibition under CAA Section 608 and its implementing regulations continue to apply, except for certain refrigerants in specified end-uses that are explicitly exempt from the venting prohibition per 40 CFR Section 82.154(a).