40 C.F.R. § 84.112

Current through November 30, 2024
Section 84.112 - [Effective 12/10/2024] Reclamation
(a)Reclamation Standard. As of January 1, 2026, no person may sell, identify, or report refrigerant as being reclaimed for use in the installation, servicing, or repair of refrigerant-containing equipment if the regulated substance component of the resulting refrigerant contains more than 15 percent, by weight, of virgin regulated substance.
(b)Bona fide use. No person may sell, identify, or report refrigerant as being reclaimed if it contains any recovered regulated substance that has not had bona fide use in equipment, unless that refrigerant was removed from the heel or residue of a container that had a bona fide use in the servicing, repair, or installation of refrigerant-containing equipment.
(c)Labeling. As of January 1, 2026, reclaimers certified under 40 CFR 82.164 must affix a label to any container they fill that is being sold or distributed or offered for sale or distribution and that contains reclaimed regulated substances to certify that the contents do not exceed 15 percent, by weight, of virgin regulated substances.
(1) The label must read: "The contents of this container do not exceed the limit of 15 percent, by weight, on virgin regulated substance per 40 CFR 84.112(a) ."
(2) The label must be:
(i) In English;
(ii) Durable and printed or otherwise labeled on, or affixed to, an external surface of the container;
(iii) Readily visible and legible;
(iv) Able to withstand open weather exposure without a substantial reduction in visibility or legibility; and
(v) Displayed on a background of contrasting color.
(d)Recordkeeping. As of January 1, 2026, reclaimers certified under 40 CFR 82.164 must generate a record to certify that the reclaimed regulated substance(s) being used to fill a container that will be sold or distributed or offered for sale or distribution do not exceed 15 percent, by weight, of virgin regulated substances.
(1) The record must be generated electronically, in a format specified by EPA.
(2) The record must contain the following information:
(i) The name, address, contact person, email address, and phone number of the reclaimer certified under 40 CFR 82.164 who is making the certification;
(ii) The date the container was filled with reclaimed regulated substance(s);
(iii) The amount and name of the regulated substance(s) in the container(s);
(iv) Certification that the contents of the container are from a batch where the amount of virgin regulated substance(s) does not exceed 15 percent, by weight, of the total regulated substance(s);
(v) The unique serial number associated with the container(s) filled from the batch;
(vi) Identification of the batch of reclaimed regulated substance(s) used to fill the container(s); and
(vii) The percent, by weight, of virgin regulated substance(s) in the batch used to fill the container(s).
(3) The record must be maintained by the reclaimer certified under 40 CFR 82.164 for three years.
(e)Servicing and/or repair. As of January 1, 2029, the servicing and/or repair of refrigerant-containing equipment that contains a regulated substance must be done with reclaimed refrigerant that meets the requirements of 84.112(a)-(c) of this section if such equipment is in one or more of the following subsectors:
(1) Supermarket systems;
(2) Refrigerated transport; and
(3) Automatic commercial ice makers.
(f)Reporting.
(1) Reclaimers, distributors, and wholesalers of reclaimed refrigerants that contain regulated substances that are sold or distributed for the intended purpose of servicing and/or repair of refrigerant-containing equipment in the subsectors listed in paragraph (e) of this section must submit a report to EPA electronically, using the Agency's applicable reporting platform, by February 14, 2027, covering activity from January 1 through December 31, 2026 and containing the following information: name and address of the company; contact person, email address, and phone number of the responsible party; the quantity of reclaimed refrigerant containing regulated substance(s) by the name and mass of reclaimed refrigerant(s); and indication of the specific subsector(s) where the reclaimed refrigerant(s) containing regulated substance(s) are sold or distributed.
(2) Reclaimers, distributors, and wholesalers of reclaimed refrigerants that contain regulated substances that are sold or distributed for the intended purpose of servicing and/or repair of refrigerant-containing equipment in the subsectors listed in paragraph (e) of this section must submit a report to EPA electronically, using the Agency's applicable reporting platform, by February 14, 2028, covering activity from January 1 through December 31, 2027 and containing the following information: name and address of the company; contact person, email address, and phone number of the responsible party; the quantity of reclaimed refrigerant containing regulated substance(s) by the name and mass of reclaimed refrigerant(s); and indication of the specific subsector(s) where the reclaimed refrigerant(s) containing regulated substance(s) are sold or distributed.

40 C.F.R. §84.112

89 FR 82859 , 12/10/2024