Federal Regulations  

The AIM Act remains the centerpiece of federal refrigerant policy, encompassing three distinct but related areas - the HFC phasedown, the Technology Transitions rule (TTR), and the Emissions Reduction and Reclamation (ER&R) rule. Witman emphasized that these are three separate regulations, each addressing different aspects of refrigerant management.  

“Think about it like driving a car,” she said. “There are seatbelt laws, and there are speed limits. Changing the seatbelt law doesn't mean you can violate the speed limit — they're different things. What might be true for the TTR is not true for another part of the AIM Act.”  

With that in mind, EPA has not indicated that it will reconsider the first part of the AIM Act, which limits the total amount of HFCs that can be produced or imported into the U.S. Witman said she does not expect that program to be challenged or modified, since its framework is tied to both the Kigali Amendment and the statute itself.  

The TTR — the second part of the AIM Act that restricts the use of high-GWP refrigerants in new equipment — is currently being reconsidered by the EPA. Under the new proposal, supermarket rack systems and remote condensing units could continue using refrigerants up to 1,400 GWP until 2032, when limits of 150 or 300 GWP would take effect. EPA is also proposing to remove the restriction that required R-410A systems manufactured before 2025 to be installed by January 2026, a change that would provide more flexibility for those with existing inventory.  

The TTR proposal was open for a public comment period until November 21, and now the EPA must review and reply to responses, finalize the rule, and send it through interagency and White House. Witman said that it is cutting it very close to the existing deadlines in the TTR, which is cause for concern.  

The AIM Act’s third component — the ER&R rule — expands on Section 608 leak repair and record-keeping requirements and adds mandates for reclaimed refrigerant use and cylinder tracking. It also lowers the compliance charge threshold from 50 pounds of refrigerant to 15 pounds. Several trade groups have already petitioned EPA to reconsider it, and Witman is a strong supporter of changing this rule as well.  

“I have no sympathy for the EPA on this,” she said. “I’m a big fan of EPA, but I will help if it comes to taking away the part of this regulation that drops the compliance threshold from 50 pounds down to 15 pounds. The amount of money and effort that our industry has to put into just sending people out there to survey existing stores to get that small equipment into their database…We don't have enough service technicians for that crap. Our service technicians need to be preventing leaks on our rack systems and not worrying about 15 pounds here and there.”  

The ER&R rule’s chronically leaking appliance rule is also a concern, as it requires owners to report any system containing more than 15 pounds of HFC refrigerant that leaks over 125% of its charge within a year. Witman called it “the scariest thing in all of these regulations … because under this rule, you basically have to tattle on yourself every time you have an appliance that hits a 125% leak rate.”  

Until now, only HCFC systems such as those using R-22 were subject to chronic leak reporting, so most retailers had to track just a few hundred units. Under the ER&R rule, that number will skyrocket. As Witman put it, “One food retailer I work with will go from about 400 regulated appliances to 57,000 when the rule takes effect in 2026.”  

She also urged EPA to revisit the ER&R’s reclaim mandate to ensure there are adequate supplies of reclaimed R-448A and R-449A, and to reconsider the new cylinder-tracking requirements that add significant recordkeeping burdens.  

State Rules  

While federal policies draw the most attention, state governments are once again stepping in — particularly when they believe federal efforts fall short of meeting their own climate mandates. Witman noted that this trend extends well beyond California: Washington and New York already have stricter refrigerant rules in place, and several others — including Hawaii and Oregon — have draft regulations that could be revived quickly.  

California, the first state to phase down HFC refrigerants, passed a bulk-virgin refrigerant ban, which prohibited sales of virgin R-404A and R-507A after January 1, 2025. The law originally exempted reclaimed product, but under a new ruling, it now allows only certified reclaimed refrigerant — a stricter standard that limits how much virgin material can be added during reprocessing.  

Witman said reclaimers have assured her that all product sold in California now meets the certified standard, but contractors and end users should document every purchase carefully. “Records, records, records,” she emphasized, advising retailers to photograph cylinder labels or keep invoices showing certification in case the California Air Resources Board (CARB) audits a facility.  

As for New York, the state has once again delayed enforcement of its own bulk-virgin ban for R-404A and R-507A, which is now set for April 1, 2026. Witman said it’s unclear whether the state will continue extending the date or finally enforce it, but retailers operating there should be prepared either way.  

Washington State, meanwhile, has proposed significantly higher refrigerant management fees, as well as a carbon surcharge. In addition, their legislature enacted a bulk virgin refrigerant ban, and they are also developing their own definitions for reclaimed refrigerant and what constitutes “use” and “distribution.” Witman praised that approach, saying she appreciates the state “taking a little more time to actually develop regulations” rather than rushing an incomplete rule.  

Looking ahead, food retailers and contractors should brace themselves for another round of state-level regulations. The last surge in state action occurred after federal laws were overturned in court, and with similar conditions now, Witman warned, “We could be headed for another wave of state regulations as early as 2026.”