New Year, New Refrigerant Rules, No Grace Period

A recent EPA webinar walked stakeholders through the rule, and the questions that followed made one thing clear: the industry is still sorting out how this rule applies in the real world.

Perhaps the most consequential change is the expansion of leak repair requirements. Unlike the long-standing Section 608 rules, which apply to appliances with 50 pounds or more of ozone-depleting substances, the ER&R rule lowers the threshold to 15 pounds -- provided the refrigerant contains an HFC or a substitute with a GWP above 53. There is also a notable carveout in the rule: residential and light commercial air conditioning and heat pump applications are exempt from the leak repair requirements (although there is some debate as to what “light commercial” means).

As EPA environmental protection specialist, Christian Wisniewski, explained in the webinar, the leak repair process itself will feel familiar to anyone who has dealt with Section 608. “The process begins when refrigerant is added, and then a leak rate would be calculated. If the calculated leak rate does not exceed the applicable leak rate for the appliance, there's actually no action required at that time per the rules. However, if the leak rate is exceeded, then leak repair is required.”

Verification testing follows, and if the repair isn’t successful, the clock starts ticking. Owners have 30 days to complete repairs unless they qualify for an extension. Miss that window, and a retrofit or retirement plan is required -- though EPA did build in some relief options if leaks are ultimately repaired.

For industrial process refrigeration and large commercial refrigeration systems, the ER&R rule requires ALD systems on appliances with a full charge of 1,500 pounds or more of an HFC or HFC substitute with a GWP above 53. Both direct and indirect ALD systems are permitted, provided they meet specific performance criteria, including minimum detection thresholds. The rule also establishes recordkeeping requirements, such as documentation related to annual system audits and the calibration of the ALD system.

Compliance dates depend on system age. New appliances installed in 2026 must include ALD at installation or within 30 days, while existing systems installed between January 1, 2017, and January 1, 2026, have until January 1, 2027, to comply. This provision underscores EPA’s broader message that periodic human detection alone is no longer sufficient for systems containing large refrigerant charges.

As far as reclamation is concerned, the rule states that refrigerant recovered from stationary equipment cannot be sold to another owner unless it has been reclaimed -- unless it is transferred solely for reclamation or destruction. As of January 1, 2026, EPA also limits the amount of virgin HFC that can be used to “rebalance” reclaimed refrigerant to no more than 15% by weight.

In addition, “Containers of reclaimed HFC refrigerants must have a label on them to certify that the limit of virgin HFCs is not exceeded, and associated records must be kept by reclaimers for three years,” said Wisniewski. “Starting January 1, 2029, reclaimed HFC refrigerants must be used to service equipment in the supermarket system subsector, refrigerated transport subsector, and automatic commercial ice makers subsector.”

Multiple questions were raised during the webinar’s Q&A period, including what constitutes a light commercial system. As Wisniewski noted, “The exemption is based on the type of appliance. Generally, it's appliances that are cooling individual rooms, single-family homes, and small commercial buildings. The exemption would not apply where, for example, a chiller is used in those scenarios. It's based on cooling occupants -- not equipment.” He added that more information can be found on the EPA’s FAQ page online.

Questions also arose regarding states that require their own reporting, and Wisniewski made clear that federal reporting does not replace state programs. He noted that facilities in states like California and Washington may need to report the same activity twice -- once to EPA and once to state agencies -- because ER&R reporting is a federal requirement, separate from state refrigerant management programs.

Finally, he noted that there is no grace period for reporting under ER&R and that those reporting leaks need to register and submit reports to EPA as needed during the leak repair process. That said, he stressed that owners or operators only need to register if the appliances at their facility trigger one of EPA’s reporting requirements, such as being classified as a chronic leaker.

“You don't need to report to EPA every time you do a leak repair,” he said. “But there are associated recordkeeping requirements that you should be mindful of, and you need to make sure you're keeping those requirements.”

The ER&R rule marks a shift from policy to practice. This is no longer about theoretical emissions reductions, but about how refrigerant is handled, detected, reclaimed, documented, and regulated in real-world systems today. As the EPA webinar made clear, questions remain -- but compliance is no longer optional.