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Proposed Rule2025-19438

Phasedown of Hydrofluorocarbons: Reconsideration of Certain Regulatory Requirements Promulgated Under the Technology Transitions Provisions of the American Innovation and Manufacturing Act of 2020

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Published

October 3, 2025

Issuing agencies

Environmental Protection Agency

Abstract

The Environmental Protection Agency is proposing changes to regulations promulgated under the Technology Transitions section of the American Innovation and Manufacturing Act of 2020, which authorizes the Administrator to restrict the use of particular hydrofluorocarbons in the sectors and subsectors in which they are used. This proposal addresses administrative petitions and other requests from companies and trade associations across a number of subsectors, including refrigerated transport--intermodal containers, industrial process refrigeration and chillers for industrial process refrigeration used in semiconductor manufacturing, retail food refrigeration systems for remote condensing units and supermarkets, cold storage warehouses, refrigerated laboratory centrifuges, laboratory shakers, and condensing units in residential and light commercial air conditioning and heat pumps. This action proposes to allow previously manufactured and imported residential and light commercial air conditioning and heat pump equipment to continue to be installed. The Agency is also seeking advance comment on potential actions to address supply chain issues for a refrigerant blend.

Full Text

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<title>Federal Register, Volume 90 Issue 190 (Friday, October 3, 2025)</title>
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[Federal Register Volume 90, Number 190 (Friday, October 3, 2025)]
[Proposed Rules]
[Pages 47999-48019]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-19438]

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Proposed Rules
Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 90, No. 190 / Friday, October 3, 2025 /
Proposed Rules

[[Page 47999]]

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 84

[EPA-HQ-OAR-2025-0005; FRL-12166-01-OAR]
RIN 2060-AW39

Phasedown of Hydrofluorocarbons: Reconsideration of Certain
Regulatory Requirements Promulgated Under the Technology Transitions
Provisions of the American Innovation and Manufacturing Act of 2020

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency is proposing changes to
regulations promulgated under the Technology Transitions section of the
American Innovation and Manufacturing Act of 2020, which authorizes the
Administrator to restrict the use of particular hydrofluorocarbons in
the sectors and subsectors in which they are used. This proposal
addresses administrative petitions and other requests from companies
and trade associations across a number of subsectors, including
refrigerated transport--intermodal containers, industrial process
refrigeration and chillers for industrial process refrigeration used in
semiconductor manufacturing, retail food refrigeration systems for
remote condensing units and supermarkets, cold storage warehouses,
refrigerated laboratory centrifuges, laboratory shakers, and condensing
units in residential and light commercial air conditioning and heat
pumps. This action proposes to allow previously manufactured and
imported residential and light commercial air conditioning and heat
pump equipment to continue to be installed. The Agency is also seeking
advance comment on potential actions to address supply chain issues for
a refrigerant blend.

DATES: Comments must be received on or before November 17, 2025. Public
hearing: If a public hearing is requested on or before October 8, 2025,
the EPA will hold a virtual public hearing on October 20, 2025. To
request a public hearing, please submit a comment per the instructions
in the ADDRESSES section. Please refer to the SUPPLEMENTARY INFORMATION
section for additional information on the public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2025-0005, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov">https://www.regulations.gov</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#94f5b9f5faf0b9e6b9d0fbf7fff1e0d4f1e4f5baf3fbe2">[email&#160;protected]</a>. Include Docket ID No. EPA-
HQ-OAR-2025-0005 in the subject line of the message.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Air and Radiation Docket, Mail Code 28221T, 1200 Pennsylvania
Avenue NW, Washington, DC 20460.
<bullet> Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday-Friday (except Federal Holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``I. Public
Participation'' heading of the SUPPLEMENTARY INFORMATION section of
this document.

FOR FURTHER INFORMATION CONTACT: Joshua Silver, Stratospheric
Protection Division, Office of Atmospheric Protection (Mail Code
6205A), Environmental Protection Agency, 1200 Pennsylvania Ave. NW,
Washington, DC 20460; telephone number: (202) 564-2473; email address:
<a href="/cdn-cgi/l/email-protection#5b2832372d3e2975313428332e3a1b3e2b3a753c342d">[email&#160;protected]</a>. You may also visit the EPA's website at <a href="https://www.epa.gov/climate-hfcs-reduction">https://www.epa.gov/climate-hfcs-reduction</a> for further information.

SUPPLEMENTARY INFORMATION: Throughout this document, whenever ``we,''
``us,'' ``the Agency,'' or ``our'' is used, we mean the EPA. Acronyms
that are used in this rulemaking that may be helpful include:

AC--Air Conditioning
AC/HP System--Air Conditioning and Heat Pump System
AHRI--Air-Conditioning, Heating, and Refrigeration Institute
AIM Act--American Innovation and Manufacturing Act of 2020
ANPRM--Advance Notice of Proposed Rulemaking
ASHRAE--American Society of Heating, Refrigerating and Air-
Conditioning Engineers
BTU--British Thermal Units
CAA--Clean Air Act
CBI--Confidential Business Information
CFR--Code of Federal Regulations
CO<INF>2</INF>--Carbon Dioxide
CUSER--Coalition for the Use of Safe and Efficient Refrigerants,
Inc.
EPA--U.S. Environmental Protection Agency
FMI--Food Industry Association
FR--Federal Register
GWP--Global Warming Potential
HARDI--Heating, Air-Conditioning, and Refrigeration Distributors
International
HCFC--Hydrochlorofluorocarbon
HFC--Hydrofluorocarbon
HFO--Hydrofluoroolefin
IPR--Industrial Process Refrigeration
ISO--International Organization for Standardization
MCA--Maximum Credible Accident
MMTEVe--Million Metric Tons of Exchange Value Equivalent
NAICS--North American Industry Classification System
OEM--Original Equipment Manufacturer
PBI--Proprietary Business Information
PFAS--Per- and Polyfluoroalkyl Substances
SEMI--Semiconductor Equipment and Materials International
SMRE--Semiconductor Manufacturing and Related Equipment
SNAP--Significant New Alternatives Policy
UL--Underwriters Laboratories (formerly)
U.S.C.--United States Code
VRF--Variable Refrigerant Flow

I. Public Participation

A. Written Comments

Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2025-
0005, at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (our preferred method), or the
other methods identified in the ADDRESSES section. Once submitted,
comments cannot be edited or removed from the docket. The EPA may
publish any comment received to its public docket. Do not submit to the
docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you consider to
be Confidential Business Information (CBI), Proprietary Business
Information (PBI), or other

[[Page 48000]]

information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). Please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> for additional submission methods; the full EPA public comment
policy; information about CBI, PBI, or multimedia submissions; and
general guidance on making effective comments.

B. Participation in Virtual Public Hearing

If a public hearing is requested on or before October 8, 2025, the
EPA will post updates, including a link to register to attend the
public hearing, at <a href="https://www.epa.gov/climate-hfcs-reduction/regulatory-actions-technology-transitions">https://www.epa.gov/climate-hfcs-reduction/regulatory-actions-technology-transitions</a>. If a public hearing is
requested, the EPA will begin pre-registering speakers for the hearing
no later than one business day after a request has been received. To
pre-register to speak at the virtual hearing, please contact Joshua
Silver at <a href="/cdn-cgi/l/email-protection#384b51544e5d4a1652574b504d59785d4859165f574e">[email&#160;protected]</a>. Please note that any updates made to
any aspect of the hearing are posted online at <a href="https://www.epa.gov/climate-hfcs-reduction/regulatory-actions-technology-transitions">https://www.epa.gov/climate-hfcs-reduction/regulatory-actions-technology-transitions</a>. While
the EPA expects the hearing to go forward as set forth above if one is
requested within the indicated timeframe, please monitor our website or
contact Joshua Silver to determine if there are any updates. The EPA
does not intend to publish a document in the Federal Register
announcing updates.

II. General Information

A. Does this action apply to me?

You may be potentially affected by this rule if you manufacture,
import, or use refrigerated transport intermodal containers, chillers
and industrial process refrigeration equipment used in the manufacture
of semiconductors, retail food refrigeration equipment for remote
condensing units and supermarkets, refrigeration systems in cold
storage warehouses, refrigerated centrifuge equipment, refrigerated
laboratory shakers, condensing units used for residential and light
commercial air-conditioning and heat pumps, or residential and light
commercial air conditioning and heat pump systems. Potentially affected
categories, by North American Industry Classification System (NAICS)
code, are:

<bullet> 236116; New Multifamily Housing Construction (except For-
Sale Builders)
<bullet> 236117; New Housing For-Sale Builders
<bullet> 236118; Residential Remodelers
<bullet> 236210; Industrial Building Construction
<bullet> 236220; Commercial and Institutional Building Construction
<bullet> 238220; Plumbing, Heating, and Air Conditioning Contractors
<bullet> 325120; Industrial Gas Manufacturing
<bullet> 333242; Semiconductor Machinery Manufacturing
<bullet> 333415; Air Conditioning and Warm Air Heating Equipment and
Commercial and Industrial Refrigeration Equipment Manufacturing
<bullet> 333998; All Other Miscellaneous General Purpose Machinery
Manufacturing
<bullet> 334413; Semiconductor and Related Device Manufacturing
<bullet> 335220; Major Household Appliance Manufacturing
<bullet> 423620; Household Appliances, Electric Housewares, and
Consumer Electronics Merchant Wholesalers
<bullet> 423720; Plumbing and Heating Equipment and Supplies
(Hydronics) Merchant Wholesalers
<bullet> 423730; Warm Air Heating and Air Conditioning Equipment and
Supplies Merchant Wholesalers
<bullet> 423740; Refrigeration Equipment and Supplies Merchant
Wholesalers
<bullet> 424410; General Line Grocery Merchant Wholesalers
<bullet> 424420; Packaged Frozen Food Merchant Wholesalers
<bullet> 445110; Supermarkets and Other Grocery (except Convenience)
Stores
<bullet> 445131; Convenience Retailers
<bullet> 449210; Electronics and Appliance Retailers
<bullet> 452311; Warehouse Clubs and Supercenters
<bullet> 483111; Deep Sea Freight Transportation
<bullet> 484230; Specialized Freight (Except Used Goods) Trucking,
Long-Distance
<bullet> 493120; Refrigerated Warehousing Storage
<bullet> 531110; Lessors of Residential Buildings and Dwellings
<bullet> 531120; Lessors of Nonresidential Buildings (except
Miniwarehouses)
<bullet> 541380; Testing Laboratories
<bullet> 561210; Facilities Support Services
<bullet> 811412; Appliance Repair and Maintenance

This list is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. This table includes the types of entities that the EPA is now
aware could potentially be regulated by this proposed action. Other
types of entities not listed could also be regulated. To determine
whether your entity may be regulated by this action, you should
carefully examine the applicability criteria found in the regulatory
text at the end of this document. If you have questions regarding the
applicability of this proposed action to a particular entity, consult
the person listed in the FOR FURTHER INFORMATION CONTACT section.

B. What action is the agency proposing to take?

This proposal addresses topics raised in administrative petitions
and other requests from companies and trade associations with respect
to regulatory provisions promulgated in the Code of Federal Regulations
(CFR) pursuant to the American Innovation and Manufacturing Act of 2020
(AIM Act) subsection (i) (42 U.S.C. 7675(i)). In particular, the EPA
received four administrative petitions \1\ to reconsider certain
provisions of 40 CFR part 84, subpart B, entitled ``Restrictions on the
Use of Hydrofluorocarbons,'' that we finalized in October 2023.\2\ We
also received requests to reassess compliance dates and/or global
warming potential (GWP) limits finalized in October 2023. This proposal
addresses topics raised in the administrative petitions for
reconsideration, the other requests, and other adjustments and
clarifications that we believe would be beneficial to the regulated
community. To address the administrative petitions for reconsideration,
the EPA proposes to:
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\1\ See administrative petitions for reconsideration included in
the docket for this action.
\2\ See ``Phasedown of Hydrofluorocarbons: Restrictions on the
Use of Certain Hydrofluorocarbons Under the American Innovation and
Manufacturing Act of 2020,'' 88 FR 73098 (Oct. 24, 2023) (2023
Technology Transitions Rule).
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1. Change two aspects of the intermodal refrigerated transport
provisions at 40 CFR 84.54(a)(6) and 84.54(c)(7) to: (a) adjust the
lower bound temperature exclusion threshold of -50 [deg]C to -35
[deg]C, and (b) change the location where that temperature is measured.
2. Extend the compliance date for certain chillers used for
industrial process refrigeration and certain industrial process
refrigeration equipment used to manufacture semiconductors from January
1, 2026, and January 1, 2028, as applicable, to January 1, 2030.
3. Not make the requested change to the treatment of certain
condensing units used to replace existing condensing units in the
residential and light commercial air conditioning (AC) and heat pump
(AC/HP) subsector.
To address a request from a trade association in the retail food
industry,\3\ the EPA proposes to:
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\3\ See letter from the Food Industry Association (FMI), dated
February 11, 2025, included in the docket for this action.
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1. Adjust the GWP threshold for remote condensing units at 40 CFR

[[Page 48001]]

84.54(c)(11) from 150 or 300, as applicable, to 1,400 starting January
1, 2026, with a later adjustment to a GWP threshold of 150 or 300,
depending on charge size or whether it is part of the high temperature
side of a cascade system, starting January 1, 2032.
2. Adjust the GWP threshold for supermarket systems at 40 CFR
84.54(c)(12) from 150 or 300, as applicable, to 1,400 starting January
1, 2027, with a later adjustment to a GWP threshold of 150 or 300,
depending on charge size or whether it is part of the high temperature
side of a cascade system, starting January 1, 2032.
To address a request from a coalition in the cold storage
industry,\4\ the EPA proposes to adjust the GWP threshold for cold
storage warehouses at 40 CFR 84.54(c)(9) from 150 or 300, as
applicable, to 700 starting January 1, 2026, with a later adjustment to
a GWP threshold of either 150 or 300, depending on charge size or
whether it is part of the high temperature side of a cascade system,
starting January 1, 2032.
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\4\ See request from the Coalition for the Use of Safe and
Efficient Refrigerants (CUSER), dated March 6, 2025, included in the
docket for this action.
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To address requests with supporting information received from two
companies that manufacture equipment used in laboratories,\5\ the EPA
proposes to extend the compliance date for certain industrial process
refrigeration laboratory equipment to January 1, 2028.
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\5\ See requests from Thermo Fisher Scientific and Eppendorf,
included in the docket for this action.
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To address concerns about supply chain issues related to R-454B,
the EPA proposes to remove the installation deadline for systems in the
residential and light commercial AC/HP subsector, where all specified
components of such systems were manufactured or imported prior to
January 1, 2025. The Agency is also seeking information through an
advance notice of proposed rulemaking section for other potential
actions to address supply chain issues.
This rule also proposes to correct a typographical error at 40 CFR
84.58(b).

C. What is the agency's authority for this proposed action?

The AIM Act authorizes the EPA to regulate hydrofluorocarbons
(HFCs) in three main areas: phasing down the production and consumption
of listed HFCs; management of these HFCs and their substitutes; and
facilitating the transition to next-generation technologies by
restricting use of these HFCs in the sector or subsectors in which they
are used. This rulemaking focuses on the third area: the transition to
next-generation technologies. Subsection (i) of the AIM Act, titled
``Technology transitions,'' provides that ``the Administrator may by
rule restrict, fully, partially, or on a graduated schedule, the use of
a regulated substance in the sector or subsector in which the regulated
substance is used.'' (42 U.S.C. 7675(i)(1)). For additional discussion
of the EPA's authorities under subsection (i) of the AIM Act, please
refer to the 2023 Technology Transitions Rule (see 88 FR 73098).
In addition, subsection (k)(1)(A) of the AIM Act authorizes the EPA
to promulgate such regulations as are necessary to carry out its
functions under the Act, including its obligations to ensure that the
Act's requirements are satisfied (42 U.S.C. 7675(k)(1)(A)). Subsection
(k)(1)(C) further provides that Clean Air Act (CAA) sections 113, 114,
304, and 307 apply to the AIM Act and any regulations promulgated
thereunder as though the AIM Act were part of title VI of the CAA (42
U.S.C. 7675(k)(1)(C)). Accordingly, this rulemaking is subject to the
procedural requirements of CAA section 307(d) (see 42 U.S.C.
7607(d)(1)(I)).
Further, unless provided otherwise by statute, an agency may revise
or rescind prior actions so long as it acknowledges the change in
position, provides a reasonable explanation for the new position, and
considers legitimate reliance interests in the prior position.\6\
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\6\ See FDA v. Wages & White Lion Invs., LLC, 145 S. Ct. 898
(2025); FCC v. Fox TV Stations, Inc., 556 U.S. 502 (2009); Motor
Vehicle Mfrs. Ass'n v. State Farm Mut. Auto. Ins. Co., 463 U.S. 29
(1983); Clean Air Council v. Pruitt, 862 F.3d 1, 8 (D.C. Cir. 2017)
(``Agencies obviously have broad discretion to reconsider a
regulation at any time.'').
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III. Background

The EPA promulgated the 2023 Technology Transitions Rule on October
24, 2023 (see 88 FR 73098). That rule restricted the use of certain
HFCs in three sectors and over 40 subsectors in which they are used by
establishing various restrictions based on GWP. It prohibited, among
other things, the manufacture and import of factory-completed products
and the installation of certain refrigeration, AC, and heat pump
systems that use HFCs or HFC blends with GWPs above specified limits.
The compliance dates for these restrictions vary by sector and
subsector and generally range from January 1, 2025, to January 1, 2028.
The rule also prohibited the sale, distribution, and export of factory-
completed products that do not comply with the relevant restrictions
three years after the prohibition on manufacture and import goes into
effect.
The EPA received four administrative petitions to reconsider
certain aspects of the 2023 Technology Transitions Rule.\7\ One
petitioner requested that the EPA adjust the temperature threshold and
temperature location for transport refrigeration--intermodal
containers. Another requested an extension of the compliance date for
process refrigeration equipment used in semiconductor manufacturing.
Two separate petitioners requested that the EPA consider limiting
import, manufacture, and installation of condensing units used for
residential and light commercial AC/HP systems. The EPA responded to
the administrative petitions in June 2024 by granting
reconsideration.\8\ This proposed rule proposes to address all four
administrative petitions for reconsideration received with respect to
the 2023 Technology Transitions Rule.
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\7\ Three petitions for judicial review of the 2023 Technology
Transitions Rule were also filed in the U.S. Court of Appeals for
the D.C. Circuit and are being held in abeyance. See Semiconductor
Equipment & Materials Int'l v. EPA (Case No. 23-1344, D.C. Cir.);
Chemours Co. FC, LLC v. EPA (Case No. 23-1345, D.C. Cir.); and Food
Marketplace, Inc. et al. v. EPA (Case No. 23-1347, D.C. Cir.).
\8\ The four administrative petitions for reconsideration and
the EPA's responses granting reconsideration are available in the
docket for this action.
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The EPA also received four requests to make certain adjustments to
the restrictions at 40 CFR part 84, subpart B. On February 11, 2025, a
trade association in the retail food industry submitted a request to
adjust the compliance dates and GWP limits for certain retail food
subsectors.\9\ On March 6, 2025, a coalition in the cold storage
industry submitted a request to adjust the GWP limit for cold storage
warehouses.\10\ Two companies that manufacture laboratory equipment
also submitted requests to extend the compliance date for certain
laboratory equipment. One company submitted a request on June 6, 2024,
to extend the compliance date for refrigerated laboratory
centrifuges.\11\ The other company submitted a request on April 16,
2025, to extend the compliance date for laboratory shakers.\12\ This
proposed rule addresses these four requests as well.
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\9\ See letter from FMI included in the docket for this action.
\10\ See request from CUSER in the docket for this action.
\11\ See request from Thermo Fisher Scientific in the docket for
this action.
\12\ See request from Eppendorf in the docket for this action.
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In response to these requests and additional concerns identified
within

[[Page 48002]]

the Agency and by a variety of stakeholders, the EPA announced a
general reconsideration of the 2023 Technology Transitions Rule on
March 12, 2025, as one of the deregulatory actions included in the
Administrator's ``Powering the Great American Comeback''
initiative.\13\ The EPA is proposing this action as part of the
reconsideration process and seeks public input on potential changes to
the regulatory program that we believe would better achieve the
statute's objectives.
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\13\ See <a href="https://www.epa.gov/newsreleases/epa-launches-biggest-deregulatory-action-us-history">https://www.epa.gov/newsreleases/epa-launches-biggest-deregulatory-action-us-history</a>.
---------------------------------------------------------------------------

This proposed rule addresses restrictions in numerous distinct
subsectors regulated under subsection (i) of the AIM Act. The EPA is
independently considering each of those portions of this proposed rule.
If the proposed changes are finalized, the EPA proposes that any
changes to restrictions in distinct subsectors are severable. If a
court were to review the EPA's final action and invalidate any
particular change to a restriction, the EPA proposes that the remaining
changes remain effective.

IV. Proposed Action

A. Refrigerated Transport--Intermodal Containers

1. Current Technology Transitions Provisions
Refrigerated transport--intermodal containers are refrigerated
containers with an integrated power source that allow uninterrupted
storage during transport on different mobile platforms, including
railways, road trucks, and vessels (see 88 FR 73171). These intermodal
containers used for refrigerated transport are regulated as products
and systems at 40 CFR 84.54(a)(6) and (c)(7), respectively. As of
January 1, 2025, these provisions restrict the manufacture and import
of products, and the installation of systems, respectively, for
refrigerated transport--intermodal containers to refrigerants with a
GWP limit of less than 700. The 2023 Technology Transitions Rule
established a temperature threshold and location of temperature
measurement such that equipment is restricted when the temperature of
the refrigerant entering the evaporator (for direct heat exchange
systems) or the temperature of the fluid exiting (for chillers) is -50
[deg]C or higher. These regulations do not apply where temperatures are
below -50 [deg]C.
In proposing the 2023 Technology Transitions Rule, the EPA
originally proposed a GWP limit of 700 for all intermodal refrigerated
transport equipment (see 87 FR 76738). We did not originally propose a
lower bound temperature threshold (e.g., -50 [deg]C) that would exclude
intermodal refrigerated transport equipment that could operate at a
temperature below such a threshold. We received only one comment on the
proposal about establishing temperature thresholds in this subsector.
That commenter suggested that the GWP limit should be 700 for
temperatures above -50 [deg]C in this subsector, 2,000 for temperatures
in the range of -75 [deg]C to -50 [deg]C, and that there be no
restriction for temperatures below -75 [deg]C. The EPA also received
several comments on achieving low temperatures in other subsectors,
including Industrial Process Refrigeration (IPR) and Chillers for IPR,
in which commenters requested that we set a temperature threshold of -
50 [deg]C in those subsectors. Based on the information provided in
these comments, we adopted a lower bound refrigerant temperature
threshold of -50 [deg]C in all of these subsectors in the final rule,
and did not establish restrictions in these subsectors for equipment
with refrigerant temperatures below -50 [deg]C (see 88 FR 73098).\14\
---------------------------------------------------------------------------

\14\ The EPA issued a No Action Assurance on January 17, 2025,
regarding the restrictions at 40 CFR 84.54(a)(6) and (c)(7), which
remains in effect until either January 1, 2026, or the date when a
rule that addresses such prohibitions is finalized, whichever occurs
earlier.
---------------------------------------------------------------------------

2. Summary of Administrative Petition for Reconsideration
Trane Technologies (Trane), a manufacturer of intermodal containers
that maintain a range of temperatures, petitioned the EPA to adjust the
temperature threshold and temperature location for transport
refrigeration--intermodal containers. Trane did not comment on this
issue when the proposed 2023 Technology Transitions Rule was open for
public comment. In its administrative petition for reconsideration,
Trane requested the regulatory text at 40 CFR 84.54(a)(6) and (c)(7) be
changed to, ``Effective January 1, 2025, refrigerated transport--
intermodal containers designed to reach and maintain -35 [deg]C box
temperature or higher using a regulated substance, or a blend
containing a regulated substance, with a global warming potential of
700 or greater.'' In particular, Trane requested that the EPA adjust
the temperature threshold to distinguish between refrigerants used for
deep frozen cargo and those used for fresh and frozen cargo.
Specifically, Trane noted that deep frozen cargo containers are used to
transport cargo that require temperatures at or below -35 [deg]C and
include critical life sciences products such as blood plasma and
pharmaceuticals. The petitioner stated that intermodal containers used
to transport deep frozen cargo must use refrigerants with lower boiling
points, including R-404A and R-452A.\15\ This contrasts with fresh and
frozen cargo containers, which Trane noted are used to transport cargo
that require temperatures that range from -30 [deg]C to 30 [deg]C, and
can use HFC-134a and R-513A.\16\ Trane has indicated that there are no
available refrigerants with GWPs below 700 that can achieve and
maintain box temperatures below -35 [deg]C.
---------------------------------------------------------------------------

\15\ See email from Trane Technologies in the docket for this
action.
\16\ See Trane's materials submitted November 2023, provided in
the docket for this action.
---------------------------------------------------------------------------

In the administrative petition, Trane also requested an adjustment
to the location at which the temperature is measured from the
``temperature of the refrigerant entering the evaporator (for direct
heat exchange systems) or the temperature of the fluid exiting (for
chillers)'' to the ``box temperature'' because this measurement is more
commonly used in this subsector. The petitioner requested that the EPA
clarify that the temperature measurement be based on the lowest
temperature at which the equipment is ``designed to reach and
maintain.'' Trane further explained that this subsector uses direct
expansion equipment, not chillers, so the reference to chillers in the
regulatory text is unnecessary.
3. Proposed Action
The EPA proposes to adjust the temperature threshold and location
where the temperature will be measured for restrictions on transport
refrigeration--intermodal containers. In particular, the EPA proposes
to raise the temperature threshold to -35 [deg]C and adjust the
location of the temperature measurement to be the box temperature.
The EPA excluded refrigerated transport--intermodal containers
designed to operate at -50 [deg]C and below in the 2023 Technology
Transitions Rule based on comments received on the proposal on lower
bound temperature thresholds for the refrigerated transport--intermodal
containers, IPR, and Chillers for IPR subsectors. While we did not
receive a comment from Trane about a lower bound temperature threshold
for intermodal refrigerated transport during the comment period, Trane
provided information shortly after publication of the final rule
indicating that there are

[[Page 48003]]

currently no available refrigerant substitutes that can meet the GWP
limit of 700 and which are designed to achieve and maintain a box
temperature below -35 [deg]C.
The proposed changes would remove restrictions on certain
intermodal containers that carry cargo transported at temperatures
below -35 [deg]C, which include blood plasma and pharmaceuticals, and
are referred to in this proposal as deep frozen cargo. The EPA
evaluated the additional information provided after publication of the
final rule and agrees that refrigerants used to reach and maintain such
low temperatures in intermodal containers require refrigerants with
sufficiently low boiling points and high refrigerating capacities.\17\
Thus, the EPA is proposing to revise the restrictions for refrigerated
transport--intermodal containers, as described above. Trane also
confirmed to the EPA on January 15, 2025, that they have transitioned
to equipment operating below -35 [deg]C and above -50 [deg]C from R-
404A to R-452A. R-452A has a GWP of 2,140, which is much lower than the
GWP of 3,922 for R-404A, but still above the currently applicable 700
GWP limit.\18\
---------------------------------------------------------------------------

\17\ See table of refrigerants (R-404A, R-452A, R-513A, R-450A,
R-744), their boiling points, and refrigerating capacities, included
in the docket for this action.
\18\ See answers to questions from Trane included in the docket
for this action.
---------------------------------------------------------------------------

The EPA understands that refrigerated transport--intermodal
containers that are designed to reach and can achieve temperatures
below -35 [deg]C may, at times, also be operated at higher
temperatures. The EPA is clarifying that the lowest temperature at
which equipment is designed to operate determines whether it is subject
to use restrictions. This means that if a refrigerated transport--
intermodal container has the capacity to achieve a box temperature
below -35 [deg]C, it would not be subject to restrictions even if at
times the container is operated at temperatures at or above -35 [deg]C.
While manufacturers and users of such equipment may opt to produce
or purchase such equipment that has the capacity to operate at lower
temperatures to avoid being subject to restrictions at 40 CFR 84.54,
refrigerants and equipment that have the capacity to achieve these
lower temperatures are more costly and present additional technical
requirements that make operation more difficult. Trane has indicated
that refrigerated transport--intermodal containers that transport cargo
at temperatures above -35 [deg]C are designed per the ISO 668 standard,
while similar equipment that transport cargo at temperatures below -35
[deg]C are designed per the ISO 1496-2 standard.\19\ As such, the EPA
does not expect that regulating equipment based on the temperature it
is designed to achieve, rather than the temperature at which it
operates, would present a loophole for producers and consumers.
---------------------------------------------------------------------------

\19\ See Trane's materials submitted November 2023, provided in
the docket for this action.
---------------------------------------------------------------------------

The EPA is also proposing that the location of the temperature
measurement for refrigerated transport--intermodal containers be the
box temperature. The EPA did not specifically solicit comment on this
issue in proposing the 2023 Technology Transitions Rule because we did
not propose a temperature threshold (see 87 FR 76738). Rather, the EPA
finalized the location at which the temperature would be measured based
on comments received on the IPR and Chillers for IPR subsectors. The
information provided by Trane after finalization of the 2023 Technology
Transitions Rule demonstrates that equipment in this subsector is
designed based on the air temperatures that can be achieved and
maintained inside the intermodal container, also known as the box
temperature. The EPA is therefore proposing to change how temperature
is measured to align with common industry practice, thereby improving
efficiency.
The EPA requests comment on the proposed changes discussed in this
section concerning intermodal containers, including on any significant
reliance interests on the existing GWP limits and mode of measurement
and how we should account for any such reliance interests in any final
action.

B. Industrial Process Refrigeration and Chillers for Industrial Process
Refrigeration in Semiconductor Manufacturing

1. Current Technology Transitions Provisions
The EPA considers refrigeration equipment used in semiconductor
manufacturing to fall within the IPR and Chillers for IPR subsectors
(see 88 FR 73119). The refrigeration equipment is often built into
specialized machines that sort, mark, and cut wafers during the
semiconductor manufacturing process, referred to as ``Semiconductor
Manufacturing and Related Equipment,'' or SMRE, throughout this
proposed rule. SMRE may operate at a range of temperatures depending on
the function being performed and typically must maintain precise
temperatures to produce high-quality semiconductor wafers.
IPR systems are used to cool process streams at a specific point in
manufacturing and other industrial processes (e.g., in the chemical,
pharmaceutical, and petrochemical industries). IPR systems are directly
linked to the industrial process, meaning the refrigerant leaving the
condenser and metering device is delivered directly to the heat source
before returning to the compressor (see 88 FR 73141-2).
A chiller is a type of equipment that uses refrigerant to cool
water or a brine solution that is then pumped to fan coil units or
other air handlers to cool the air that is supplied to the conditioned
spaces. The heat absorbed by the water or brine can be used for heating
purposes and/or transferred directly to the air (``air-cooled''), to a
cooling tower or body of water (``water-cooled''), or through
evaporative coolers (``evaporative-cooled'') (see 88 FR 73174).
Chillers can be used to cool process streams in industrial
applications; in such instances, these chillers are regulated as
``Chillers for IPR'' and not as ``IPR.'' Throughout this proposed rule,
the term IPR refers to IPR equipment that does not use chillers. The
term Chillers for IPR refers to IPR equipment that utilizes chillers.
Restrictions on the use of HFCs and HFC blends in IPR and Chillers
for IPR, including process equipment used to manufacture
semiconductors, are implemented at different GWP thresholds (150, 300,
and 700). The restrictions put in place by the 2023 Technology
Transitions Rule begin on either January 1, 2026, or January 1, 2028,
depending on charge size and the temperature at which the equipment is
designed to operate. These restrictions do not include IPR or Chillers
used for IPR at temperatures below -50 [deg]C. For the IPR subsector,
restrictions can be found at 40 CFR 84.54(a)(12) and 84.54(c)(10). For
the Chillers for IPR subsector, restrictions can be found at 40 CFR
84.54(a)(10)(iii) and (iv), and 84.54(c)(5) and (6).
2. Summary of Administrative Petition for Reconsideration
Semiconductor Equipment and Materials International (SEMI)
petitioned the EPA on December 22, 2023, to reconsider the compliance
dates that affect SMRE for the IPR and Chillers for IPR subsectors. The
administrative petition did not include a request for relief from the
restrictions at 40 CFR 84.54(a)(12)(i) (IPR with a refrigerant charge
capacity of 200 pounds or greater) or 84.54(c)(10)(i) (Chillers for IPR
with a refrigerant charge capacity of 200 pounds or

[[Page 48004]]

greater). In a supplemental letter, SEMI clarified that the
administrative petition seeks relief only for SMRE that have a charge
size of 100 pounds or less. The administrative petition also did not
include a request to adjust the restriction at 40 CFR 84.54(c)(6).
However, in a supplemental letter to the Agency, SEMI clarified their
interest in seeking reconsideration of this provision.\20\
---------------------------------------------------------------------------

\20\ See SEMI's letter to the EPA, dated May 3, 2024, in the
docket for this action.
---------------------------------------------------------------------------

SEMI also requested in their administrative petition either that
the semiconductor manufacturing industry be exempted from the relevant
restrictions at 40 CFR 84.54 or that the relevant compliance dates be
extended.\21\ SEMI later clarified that it requests the compliance
dates for the restrictions on SMRE be extended to 2030. For the
relevant restrictions with compliance dates of January 1, 2026, or
January 1, 2028, SEMI requested delaying the compliance date to January
1, 2030. SEMI stated that ``2030 is a more realistic compliance date
given the projected commercial availability of low-Global Warming
Potential (GWP) equipment.'' Five SMRE suppliers also submitted letters
to the Agency between May 2024 and August 2024 indicating their support
of SEMI's request to extend the relevant compliance dates to January 1,
2030.\22\
---------------------------------------------------------------------------

\21\ See SEMI's letter to the EPA, dated May 3, 2024, in the
docket for this action.
\22\ See letters of support from Haskris, Lam, SMC, Tokyo
Electron Ltd., and Advanced Thermal Sciences in the docket for this
action.
---------------------------------------------------------------------------

SEMI asserted that equipment using substitute refrigerants that fit
this industry's unique circumstances will not be available by the
current compliance dates and estimated that developing and implementing
alternatives that are fit for purpose could take five years.\23\ In
particular, SEMI noted that to manufacture semiconductors, process
refrigeration equipment must be able to maintain precise control of
narrow temperature tolerances, which can be as small as 0.1 [deg]C
<plus-minus> 0.05 [deg]C for some applications. SEMI explained that
precise control is required to realize process performance, including a
uniform application of photoresist coatings. They noted that small
changes in temperature during production can impact semiconductor
device features, product functionality, and product yields. For
example, SEMI described how a 1 [deg]C change in temperature in a
projection lens can result in a few microns accuracy loss and would be
``catastrophic'' \24\ for semiconductor production. This example
supports SEMI's contention that temperature control capabilities must
be much more precise than 1 [deg]C.
---------------------------------------------------------------------------

\23\ See SEMI's supplemental submission to the EPA, dated June
18, 2024, in the docket for this action.
\24\ Ibid.
---------------------------------------------------------------------------

SEMI also explained that using certain alternatives such as R-
744,\25\ or mildly flammable or flammable alternatives as a refrigerant
in SMRE, would require changing how equipment is integrated into
semiconductor manufacturing facilities or limiting the capabilities of
the process equipment. For R-744, this could include a larger facility
footprint and higher power input than required for current technology,
larger compressors operating at high pressure that would require new
safety precautions and certifications, shorter lifetime of equipment
due to operation at higher operating pressures, and limitations to
achieving temperatures below -20 [deg]C.\26\ For mildly flammable or
flammable alternatives, this could include changing the layout of the
facility, increasing ventilation to account for building code
compliance, factoring in safety risks, and accounting for floor space
that may be lost as a result of reconfigurations.
---------------------------------------------------------------------------

\25\ R-744 is the ASHRAE refrigerant designation for carbon
dioxide.
\26\ See SEMI's supplemental submission to the EPA, dated June
18, 2024, and SEMI's Petition for Reconsideration in the docket for
this action in the docket for this action.
---------------------------------------------------------------------------

SEMI has noted that semiconductor manufacturing facilities are
typically densely packed and that integrating changes into the facility
layout may take additional time. Further, SEMI stated that substitute
refrigerants used in this industry require thorough testing to ensure
they can meet the safety requirements described above. SEMI also noted
that due to the complexity of the manufacturing process and limitations
within semiconductor manufacturing facility layouts, testing to verify
conformance can result in lengthy qualification timelines and iterative
enhancements to meet end process requirements.\27\
---------------------------------------------------------------------------

\27\ See SEMI's letter to the EPA, dated May 3, 2024, in the
docket for this action.
---------------------------------------------------------------------------

The industry is testing substitutes; however, information provided
by SEMI and semiconductor equipment suppliers indicates that
substitutes will not be available by the current compliance dates. For
example, SEMI stated that R-744 offers a potential path, yet some
challenges would require further validation and testing, including
those challenges listed above.\28\
---------------------------------------------------------------------------

\28\ See SEMI's supplemental submission to the EPA, dated June
18, 2024, in the docket for this action.
---------------------------------------------------------------------------

SEMI has indicated that although R-728 \29\ may also be a viable
refrigerant, it would not be tested and validated in time to meet the
current compliance dates.\30\ SEMI also indicated that R-32 and R-454C
are not immediately viable solutions because they both pose
flammability concerns, and R-32 would not meet the GWP threshold for
all SMRE use cases.
---------------------------------------------------------------------------

\29\ R-728 is the ASHRAE refrigerant designation for nitrogen
gas (N<INF>2</INF>).
\30\ See February 20, 2024, SEMI meeting with the EPA in the
docket for this action.
---------------------------------------------------------------------------

Finally, SEMI noted that SMRE are custom-engineered and that
equipment availability is limited to meet the precise temperature and
humidity control requirements, particularly in the range between -50
[deg]C and -30 [deg]C. Due to the combination of factors that present
unique circumstances for this industry, SEMI asserted that the
development of substitutes for SMRE will take more time than for IPR
and Chillers for IPR used in other sectors.\31\
---------------------------------------------------------------------------

\31\ See SEMI's letter to the EPA, dated May 3, 2024, in the
docket for this action.
---------------------------------------------------------------------------

SEMI's administrative petition also notes adverse impacts that may
occur absent the requested changes. These include, but are not limited
to, facility and production line downtime, purchase of legacy equipment
for replacement purposes to avoid such downtime, stockpiling legacy
equipment, facility redesign, and additional testing of compliant
refrigerants.
3. Proposed Action
The EPA proposes to delay the compliance dates for SMRE with charge
sizes of 100 pounds or less used in the subsectors indicated at 40 CFR
84.54(a)(10)(iii), (iv), 84.54(a)(12)(ii), (iii), 84.54(c)(5), (6),
84.54(c)(10)(ii), (iii), and (iv) from January 1, 2026, or January 1,
2028, as applicable, until January 1, 2030. Based on the information
provided after publication of the 2023 Technology Transitions Rule, the
EPA agrees that the semiconductor manufacturing industry faces unique
circumstances in manufacturing semiconductors, including ensuring that
substitutes can satisfy precise temperature control requirements. The
EPA reviewed the latest available information provided by industry,
including from semiconductor equipment manufacturers, that indicate
that the equipment is highly specialized and requires compact
footprints and precise temperature controls, and proposes to find that
substitutes will not be developed in time to meet the current
compliance dates. Thus, the EPA is proposing revisions to the
regulations.

[[Page 48005]]

Informed by discussions with and information submitted by SEMI, its
members, SMRE manufacturers, and other interested parties, the EPA is
not proposing to exempt IPR and Chillers for IPR used in semiconductor
manufacturing from the requirements at 40 CFR 84.54. Instead, the EPA
agrees with the petitioner that although compliance work is underway,
additional time is needed to test and qualify the viability of
equipment using compliant refrigerants. The EPA also acknowledges the
letters submitted by five semiconductor manufacturing equipment
suppliers in 2024 that provided additional details on the time needed
to test and validate alternatives, and thus supported SEMI's request to
extend the relevant compliance dates to January 1, 2030.\32\ Therefore,
the EPA is proposing a new compliance date of January 1, 2030, for IPR
and Chillers for IPR with charges sizes up to 100 pounds used in SMRE.
---------------------------------------------------------------------------

\32\ See letters of support (received May-August 2024) from
semiconductor equipment manufacturers, included in the docket for
this action.
---------------------------------------------------------------------------

The EPA understands that IPR and Chillers for IPR used in the
semiconductor manufacturing industry may operate at one temperature
while being designed to reach lower temperatures. As stated in section
IV.A. of this preamble, the lowest temperature at which equipment is
designed to operate determines whether it is subject to use
restrictions.
The EPA requests comment on the proposed changes for SMRE, and
specifically on the proposed compliance date for SMRE of January 1,
2030, for all affected equipment. We also request comment on the charge
size threshold applicable to this use. Although we are not proposing to
exempt this equipment from the restrictions at 40 CFR 84.54, we request
comment on such an exemption. Finally, we request comment on whether
there are any legitimate reliance interests on the current requirements
and, if so, how the EPA should account for them in any final action.

C. Retail Food Refrigeration--Remote Condensing Unit Systems and
Supermarket Systems

1. Current Technology Transitions Provisions
Remote condensing units are a type of retail food refrigeration
equipment with refrigerating capacities typically ranging from 1 kW to
20 kW (0.3 to 5.7 refrigeration tons) and are composed of one (and
sometimes two) compressor(s), one condenser, and one receiver assembled
into a single unit, normally located external to the sales area. This
equipment is connected to one or more nearby evaporator(s) used to cool
food and beverages stored in display cases and/or walk-in storage
rooms. A cascade system might be used, for example, to reach low
temperatures in a long-term storage room. A supermarket often uses
remote condensing units in food retail environments such as dairy and
deli displays. Remote condensing units are also commonly installed in
convenience stores and specialty shops, such as bakeries and butcher
shops (see 88 FR 73157).
Supermarket systems, also known as multiplex or centralized
systems, operate with racks of compressors installed in a machinery
room where different compressors turn on to match the refrigeration
load necessary to maintain temperatures in display cases in the sales
area. Two main designs are used: direct and indirect systems. In a
direct system, the refrigerant circulates from the machinery room to
the sales area, where it evaporates in display-case heat exchangers,
and then returns in vapor phase to the suction headers of the
compressor racks.\33\ Indirect supermarket designs include secondary
loop systems and cascade refrigeration systems. Indirect systems use a
chiller or other refrigeration system to cool a secondary fluid that is
then circulated throughout the store to the cases. Compact chiller
versions of an indirect system rely on a lineup of 10 to 20 units, each
using small charge sizes. As the refrigeration load changes, so does
the number of active chillers. Each compact chiller is an independent
unit with its own refrigerant charge, reducing the potential volume of
refrigerant that could be released from leaks or catastrophic failures.
Despite the term ``chiller'' used in the description, these systems are
considered supermarket systems for purposes at 40 CFR part 84, subpart
B. Another type of supermarket design, often referred to as a
distributed refrigeration system, uses an array of separate compressor
racks located near the display cases rather than having a central
compressor rack system. Each of these smaller racks handles a portion
of the supermarket load, with 5 to 10 such systems in a store \34\ (see
88 FR 73157-8).
---------------------------------------------------------------------------

\33\ Supermarket walk-in cold rooms are often integrated into
the system and cooled similarly, but a dedicated condensing unit can
be provided for a given storage room.
\34\ A supermarket may also use other types of refrigeration
equipment covered by separate subsectors, including stand-alone
units, remote condensing units, refrigerated beverage dispensers,
and ice machines. Such equipment is not a part of the ``supermarket
system'' subsector for purposes of 40 CFR part 84, subpart B merely
by being located in a supermarket.
---------------------------------------------------------------------------

The 2023 Technology Transitions Rule established restrictions on
the use of HFCs in new remote condensing unit systems and new
supermarket systems installed starting January 1, 2026, and January 1,
2027, respectively. For both, the GWP limit is 150 for systems with
refrigerant charge capacities greater than or equal to 200 pounds, and
300 for systems with refrigerant charge capacities less than 200 pounds
or for the high temperature side of cascade systems irrespective of the
total charge capacity. The EPA distinguished between larger and smaller
remote condensing units and supermarket systems by their refrigerant
charge capacity based on a distinction between charge sizes in the
safety standards (see 87 FR 76775-6). The EPA also indicated that
several new compliant substitutes would soon be listed under the EPA's
Significant New Alternatives Policy (SNAP) program for use in these
subsectors, as proposed in SNAP Rule 26, and thus would be available
before the 2026 or 2027 compliance dates (see 88 FR 33722; May 24,
2023). The EPA finalized SNAP Rule 26 on June 13, 2024 (see 89 FR
50410). In this rulemaking, the EPA is taking into consideration the
listings that were made under the SNAP program since finalization of
the 2023 Technology Transitions. Restrictions on remote condensing unit
systems are implemented at 40 CFR 84.54(c)(11)(i), (ii), and (iii).
Restrictions on supermarket systems are implemented at 40 CFR
84.54(c)(12)(i), (ii), and (iii).
2. Summary of Stakeholder Concerns
Certain food retailers and the Food Industry Association (FMI)
expressed concerns about the limited number and types of substitutes
that the EPA determined in the 2023 Technology Transitions Rule would
be available for use in remote condensing units and supermarket systems
by the January 1, 2026, and January 1, 2027, compliance deadlines,
respectively. Specifically, they stated that the rule restricts the
food industry to a handful of refrigerant alternatives, including R-
744, A2Ls, A3s, and ammonia, which they stated are either impractical,
infeasible, or create safety concerns.\35\
---------------------------------------------------------------------------

\35\ See FMI's letter to the EPA, dated February 11, 2025, in
the docket for this action.
---------------------------------------------------------------------------

These food retailers asserted that R-744 technologies in their
current state expend a significant amount of energy to function at a
cooling level comparable to commonly used HFCs,

[[Page 48006]]

that such technologies are unreliable, that leaks are difficult to
detect and repair, and that such leaks can be catastrophic to the
system's performance.\36\ In a meeting with the EPA on April 18, 2025,
the food retailers shared that since water is used to cool R-744 in
such systems, some states' water laws, like those in Nevada, would be
prohibitive to the effective use of R-744 systems.\37\ They also
asserted in that meeting that R-744 is not suitable for very large
stores, such as those that are 50,000 square feet or larger. They also
raised concerns about using ammonia, a regulated, toxic, and flammable
substance, in some retail environments for safety reasons.\38\ These
food retailers have also said that flammable refrigerants, such as A2L
and A3 refrigerants, may not be universally available due to delays in
updates to local building codes and potential shortages in technicians
trained to use these flammable refrigerants. Furthermore, these food
retailers are concerned that future regulation of per- and
polyfluoroalkyl substances (PFAS) could require retailers to change
systems again from certain compliant fluorinated refrigerants to
others.\39\ Based on these concerns, food retailers requested
additional time to allow the technology and building codes to catch up.
They requested that the compliance deadlines be pushed back to the end
of 2032 with an interim GWP limit of 1,400.\40\
---------------------------------------------------------------------------

\36\ Ibid.
\37\ See meeting memorandum in the docket for this action.
\38\ See FMI's letter to the EPA, dated February 11, 2025, in
the docket for this action.
\39\ R-744, hydrocarbons, and ammonia are not considered PFAS.
The EPA notes that the federal government has not adopted a specific
definition of PFAS and has not included HFCs or HFOs in any PFAS-
related restrictions.
\40\ See FMI presentation dated April 18, 2025, included in the
docket for this action.
---------------------------------------------------------------------------

FMI also recently requested clarifications and potential changes to
the codified regulations at 40 CFR 84.54(e)(2) and (3) to ensure that
routine store refreshes, remodels, or layout changes do not trigger the
requirements for new systems.\41\ These regulations set forth two
scenarios in which the EPA would consider modifications to an existing
system to be equal to a new installation requiring the use of compliant
refrigerants:
---------------------------------------------------------------------------

\41\ See email from FMI dated April 24, 2025, included in the
docket for this action.
---------------------------------------------------------------------------

<bullet> When an existing system's cooling capacity is increased as
measured in British Thermal Units (BTU) per hour, and
<bullet> When replacing 75 percent or more of evaporators (by
number) and 100 percent of the compressor racks, condensers, and
connected evaporator loads of an existing system.
FMI stated that ``when grocery stores undergo remodeling
activities, it is normal and routine for stores to modestly expand the
cooling capacity of existing systems to accommodate additional products
and layouts.'' FMI gave a specific example in which expanding a
refrigerated case by 60 inches could trigger the need for a store to
install an entirely new system using compliant refrigerant because it
might increase the overall cooling capacity of the system. In the same
correspondence, FMI also stated that to address this concern, the EPA
should allow supermarkets to increase the cooling capacity measured in
BTU per hour by up to 25 percent before the equipment is considered a
new system. Finally, FMI raised concerns about whether the Agency
considers modifications of an existing system to count as ``retrofits''
under the AIM Act.
3. Summary of Proposed Changes
The EPA is proposing to revise the restrictions finalized at 40 CFR
part 84, subpart B, to provide a graduated schedule for the use of HFCs
in new remote condensing units and supermarket systems. Specifically,
we propose an interim GWP limit of 1,400 starting January 1, 2026, for
new remote condensing units and starting January 1, 2027, for new
supermarket systems. Starting January 1, 2032, the GWP limit for both
remote condensing units and supermarket systems would fall back to 150
or 300, depending on certain characteristics of the system. Consistent
with the existing restrictions, the GWP limit of 150 would apply to
systems with 200 or more pounds of refrigerant charge, excluding the
high temperature side of a cascade system, and the GWP limit of 300
would apply to systems with less than 200 pounds of refrigerant charge,
or for the high temperature side of a cascade system. The EPA
anticipates widespread adoption of lower-GWP HFC or non-HFC
refrigerants in these two subsectors--but not before the current
compliance dates of January 1, 2026, and January 1, 2027. An increase
in the GWP limit would temporarily extend the use of currently
available mid-GWP HFC refrigerants, limit the use of the highest-GWP
HFC refrigerants, and ease the transition to new substitutes as they
penetrate the marketplace. This proposal would not prevent anyone from
choosing to use the lower-GWP refrigerants that the EPA has previously
identified and that continue to be deployed in new systems throughout
the United States.
The first step of this proposed approach would be to establish a
GWP limit of 1,400 starting January 1, 2026, for remote condensing unit
systems, and January 1, 2027, for supermarket systems, lasting until
2032. The EPA is proposing an interim GWP limit on the existing
compliance dates instead of just extending those dates. Historically,
refrigeration systems in these subsectors have used refrigerants with
higher GWPs, including R-404A, R-407A, R-507A, and R-22. These
refrigerants' GWPs are 3,922, 2,107, 3,985, and 1,810, respectively,
and additionally, R-22 is an ozone depleting substance that has been
phased out consistent with the requirements of Title VI of the CAA and
its implementing regulations. By maintaining a GWP limit in 2026 and
2027 for remote condensing units and supermarket systems, respectively,
the installation of such higher-GWP refrigerants in new systems can be
eliminated while providing optionality and flexibility in the near
term. Retaining the January 1, 2026, and January 1, 2027, deadlines
would align with subsection (i)(4)(D) of the AIM Act by preventing new
demand for high-GWP refrigerants (42 U.S.C. 7675(i)(4)(D)).
The EPA is proposing a GWP limit of 1,400 for 2026 and 2027. This
GWP limit would allow for the continued use of R-448A and R-449A, which
are HFC blends with GWPs of 1,386 and 1,396, respectively. Many
supermarkets have transitioned to R-448A or R-449A,\42\ and the
industry has stated that these options would address their concerns
about the availability of substitutes.
---------------------------------------------------------------------------

\42\ See FMI's letter to the EPA, dated February 11, 2025, in
the docket for this action, and GreenChill ``Partnership
Accomplishments'' at <a href="https://www.epa.gov/greenchill/partnership-accomplishments">https://www.epa.gov/greenchill/partnership-accomplishments</a>.
---------------------------------------------------------------------------

R-448A and R-449A are classified under ASHRAE as A1 refrigerants,
meaning they are non-flammable and non-toxic. Some industry
stakeholders have expressed a need for local building codes to be
updated before A2L refrigerants can be used in designs for new remote
condensing unit and supermarket systems. At the time of the 2023
Technology Transitions Rule, a majority of states (41) had made updates
to state codes or passed state legislation to allow for the use of
these refrigerants. At the time of this proposed rulemaking, 49 states
have taken action allowing for the use of A2L refrigerants.\43\ While
the EPA considered actions taken at the state level to address building
codes to be on track and projected that additional changes for the
remaining states would

[[Page 48007]]

occur ahead of the compliance dates (which would set the expectations
for localities), food retailers have recently indicated that in some
states, the lack of changes to local building codes \44\ prevent the
use of mildly flammable refrigerants in certain communities for some
time. According to information provided by FMI, 30 states allow local
jurisdictions to supersede the state requirements for relevant building
codes. In other words, even if a state allows for the use of A2L
refrigerants, local jurisdictions may still prevent their introduction.
To address these concerns identified by these food retailers and FMI,
under this proposal, a broader number of A1 refrigerants, including
those with GWPs above the current thresholds, could continue to be used
in new remote condensing unit and supermarket system installations
after 2026 and 2027. This would allow more time for local building
codes to be updated, for additional refrigerants to be introduced, and
for food retailers to gain further experience with other lower-GWP A1
refrigerants (e.g., R-744).
---------------------------------------------------------------------------

\43\ See AHRI building code map data, included in the docket for
this action.
\44\ See FMI presentation dated April 18, 2025, included in the
docket for this action.
---------------------------------------------------------------------------

By proposing these changes to the compliance schedule, the EPA is
recognizing regional differences that may affect the adoption of
substitutes. As discussed in the 2023 Technology Transitions Rule, the
EPA is aware that lower-GWP substitutes are currently used in some
supermarkets. However, we acknowledge that the impacted subsectors are
large and varied and that additional time will smooth the transition
for these subsectors that have diverse needs and circumstances.
Supermarkets and grocery stores--and the businesses that run them--
range from big to small and are located in all climates. Some
supermarkets and grocery stores may prefer one option over another due
to capital costs or energy efficiency considerations. For example,
installing R-744 systems in stores in colder climates may be preferable
given the energy efficiency benefits of R-744 systems in such climates
as compared to HFC-containing refrigerants. The EPA understands that
certain retailers may choose to use R-744 in warmer climates, too.
However, the EPA received information indicating that installing R-744
systems in stores in warmer climates may be less preferred because the
energy efficiency benefits can be lower.
Many supermarkets across the United States are already using
compliant, lower-GWP substitute refrigerants such as R-744.\45\ One
manufacturer of supermarket refrigeration systems shared with the EPA
that its shipments of R-744-containing systems have risen over the last
several years to the extent that in 2024, its shipments of such
equipment surpassed that of HFC-containing systems annually for the
first time.\46\ With approximately 400 new R-744 systems installed in
supermarkets across the United States in 2024, the EPA expects the
installation of R-744 systems in supermarkets to continue to rise in
all climates in the coming years. In addition to R-744, chemical
suppliers are advertising lower-GWP substitutes specifically for use in
supermarkets \47\ and some stores have made the transition to lower-GWP
A2L substitutes.\48\
---------------------------------------------------------------------------

\45\ See Dover Food Retail presentation included in the docket
for this action.
\46\ Ibid.
\47\ See information in the docket related to suppliers
advertising lower-GWP substitutes specifically for use in
supermarkets.
\48\ See Dover Food Retail presentation and other information
included in the docket for this action.
---------------------------------------------------------------------------

The EPA indicated in the 2023 Technology Transitions Rule that
several lower-GWP substitutes, including R-744 and some A1 and A2L
refrigerants, were available or would soon be available in time for the
remote condensing unit or supermarket subsector compliance dates of
2026 or 2027, respectively (See 88 FR 73098). This was based partly on
the understanding that SNAP Rule 26 would list several of these
identified substitutes as acceptable for the subsectors, subject to use
conditions, soon after finalization of the 2023 Technology Transitions
Rule. The EPA subsequently finalized SNAP Rule 26 (see 89 FR 50410;
June 13, 2024) and listed seven A2L substitutes as acceptable, subject
to use conditions, for use in new remote condensing units and new
supermarket systems. These are HFO-1234yf, HFO-1234ze(E), R-457A, R-
516A, R-454C, R-455A, and R-454A, which have GWPs of 1, 1, 137, 140,
146, 146, and 237, respectively. Notably, all except one have a GWP
below the 150 GWP threshold, which satisfies the restrictions for
installation in new remote condensing units and supermarket systems
that have a charge size of 200 pounds or more. All of these
refrigerants could also be installed in such systems that have a charge
size less than 200 pounds, or as part of the high temperature side of a
cascade system, since they all have a GWP below 300. While increasing
the number of refrigerants listed as acceptable under the SNAP program
will provide more options in the long term, more time is needed for
chemical suppliers to provide acceptable substitutes in sufficient
quantities, for equipment manufacturers to develop equipment for these
substitutes, and for this equipment to be incorporated into new
supermarket system designs and be deployed.
The last step of this proposed approach would therefore be to
establish a GWP limit of 150 or 300, depending on certain
characteristics of the systems, starting January 1, 2032, for both
remote condensing units and supermarket systems. The GWP limit of 150
is for systems with 200 or more pounds of refrigerant charge, excluding
the high temperature side of a cascade system. The GWP limit of 300 is
for systems with less than 200 pounds of refrigerant charge, or for the
high temperature side of a cascade system. In other words, the existing
compliance obligations that are in 2026 or 2027 would move to 2032 for
both subsectors. Available substitutes in 2032 for these subsectors
would be limited to lower-GWP options, including R-744 and a host of A1
and A2L refrigerants, including those described above.
The EPA anticipates that by January 1, 2032, any remaining building
code issues would be fully resolved, given that the UL safety standard
updates addressing these refrigerants will have been published more
than a decade prior (i.e., 2021).\49\ Information provided by food
retailers indicates that updating model codes at a local level could
take up to eight years.\50\ The EPA also expects that other constraints
on the availability of identified substitutes, such as concerns with
using R-744 due to the efficiency of those systems in warmer climates,
will have diminished as technology improves and the number of equipment
offerings increase.
---------------------------------------------------------------------------

\49\ See UL 60335-2-89 standard, ''Household and Similar
Electrical Appliances--Safety--Part 2-89: Particular Requirements
for Commercial Refrigerating Appliances and Ice-Makers with an
Incorporated or Remote Refrigerant Unit of Moror-Compressor.''
Edition 2, dated October 27, 2021.
\50\ See presentation from FMI dated April 18, 2025, included in
the docket for this action.
---------------------------------------------------------------------------

We also expect that other forces will continue to encourage the
ongoing transition of equipment used in these subsectors. The HFC
phasedown established by Congress in the AIM Act will continue to limit
the production and consumption of HFCs, with a significant stepdown in
2029 (42 U.S.C. 7675(e)(2)(C)).\51\ Extending the compliance date for
these subsectors to 2032 preserves optionality and

[[Page 48008]]

flexibility in the interim period and allows this market pressure and
the advantages of many of the new refrigerants to drive the continued
transition to identified substitutes as the commercial availability of
newer substitutes matures. The EPA thus expects that refrigerant
options that have a GWP below 150 or 300, as applicable, including
those identified as available substitutes for remote condensing units
and supermarkets in the 2023 Technology Transitions Rule and those
listed in SNAP Rule 26 for these subsectors, will be available for
these subsectors by January 1, 2032.
---------------------------------------------------------------------------

\51\ See ``Phasedown of Hydrofluorocarbons: Establishing the
Allowance Allocation and Trading Program Under the American
Innovation and Manufacturing Act,'' 86 FR 55116 (Oct. 5, 2021).
---------------------------------------------------------------------------

The EPA requests information regarding challenges associated with
local building codes as well as information on the suitability of
lower-GWP refrigerants in certain climates and for certain store
designs, including whether R-744 is suitable for refrigeration systems
in large supermarkets and in warmer climates.
Separately, the EPA understands that although supermarkets
routinely refresh, remodel, or make changes to their store layouts,
moving refrigerated aisles within a store from one location to another
would be a rather significant change. During the
hydrochlorofluorocarbon (HCFC) phaseout, the CAA and our implementing
regulations limited the use of newly produced R-22 only for the
servicing of existing equipment, which generated similar questions
about what was considered a new system versus an existing system.
Through scenarios provided on its website at the time, the EPA
explained that virgin R-22 may not be used in a system that has become
a newly-manufactured system through an increase in cooling capacity
(i.e., expansion).\52\ In the 2023 Technology Transitions Rule, the EPA
addressed the specific requests for greater specificity by including
the provisions at 40 CFR 84.54(e)(2) and (3) regarding an increase in
cooling capacity and specifying the number and type of components
needed to be replaced to trigger the requirements. The EPA's intention,
consistent with past practice, was not to prevent minor changes from
occurring that may be part of a refresh, remodel, or change in layout.
---------------------------------------------------------------------------

\52\ See static version of the EPA website during HCFC phaseout,
included in the docket for this action.
---------------------------------------------------------------------------

To address concerns raised by stakeholders that the provisions at
40 CFR 84.54(e)(2) and (3) may result in supermarkets having to replace
legacy systems before the end of their useful life, the EPA is
requesting comment on whether expansion of cooling capacity in BTU/hour
(e.g., 25 percent) would be allowable during a remodel of a supermarket
system without triggering the requirements at 40 CFR 84.54(e). We are
considering what the appropriate cooling capacity expansion would be
during a store refresh and are soliciting comment on what level would
accommodate such system changes. We currently do not have data that
would support a particular percentage increase in a supermarket
system's cooling capacity that would be typical or expected to occur,
as part of a refresh, remodel, or change in layout, and whether these
three activities are actually the same. We are aware that during a
refresh, remodel, or layout change, improvements such as installing
doors can often reduce the BTU output needed.\53\ A change in a store
layout that results in moving the refrigerated aisles may be more
significant than other types of store refreshes or remodels.
Refrigerated cases may also be reorganized without adding additional
compressors and condensers in the back of the store. Our current
understanding is that such changes would be very different than a
layout change that would move the refrigerated aisles. We are
interested in better understanding the change in BTU output that
typically results from a refresh, remodel, or layout change.
Accordingly, the EPA requests comment on the extent to which this is a
concern for supermarkets and what an appropriate threshold would be for
supermarket systems undergoing a periodic refresh. If possible, such
comments should include data from past store remodels for the Agency to
understand and act on this concern. We are considering this issue only
in the context of supermarket systems and are not proposing changes
that would warrant considering the issue in other sectors or
subsectors.
---------------------------------------------------------------------------

\53\ See 2021 GreenChill slideshow and ALDI's 2023 corporate
report, included in the docket for this action.
---------------------------------------------------------------------------

For clarity, the EPA also notes that a ``retrofit'' is distinct
from a store ``refresh,'' ``remodel,'' or ``layout change.'' The AIM
Act states that for purposes of regulations issued under subsection
(i), the term ``retrofit'' ``means to upgrade existing equipment where
the regulated substance is changed, which (1) includes the conversion
of equipment to achieve system compatibility; and (2) may include
changes in lubricants, gaskets, filters, driers, valves, o-rings, or
equipment components for that purpose'' (42 U.S.C. 7675(i)(7)(A)).
Thus, a retrofit, for purposes of the restrictions at 40 CFR part 84,
subpart B, requires a change in the type of refrigerant used in a
system (e.g., switching from R-404A to R-448A). The EPA adopted that
definition in the regulations at 40 CFR 84.52 and stated that the
requirements of the 2023 Technology Transitions Rule do not apply to
retrofits.\54\ Neither the GWP limits nor the provisions at 40 CFR
84.54(e), which specify when a system is sufficiently modified to be
characterized as new and subject to the restrictions, currently apply
to a retrofit. The EPA understands the request from FMI to allow
expansion of cooling capacity in BTU/hour up to a certain percent
without triggering the requirements at 40 CFR 84.54(e) to pertain to
situations where the same refrigerant is used after the remodel.
---------------------------------------------------------------------------

\54\ The EPA stated that ``[w]hile we recognize the Agency's
authority to issue restrictions on retrofit applications in
subsection (i)(7)(B)(ii), we do not view, and commenters did not
suggest, that the EPA has an obligation to issue such restrictions
at this time.'' For further discussion, see 88 FR 73127. See also:
<a href="https://www.epa.gov/climate-hfcs-reduction/frequent-questions-phasedown-hydrofluorocarbons#supermarket-systems">https://www.epa.gov/climate-hfcs-reduction/frequent-questions-phasedown-hydrofluorocarbons#supermarket-systems</a>.
---------------------------------------------------------------------------

D. Cold Storage Warehouses

1. Current Technology Transitions Provisions
Cold storage warehouses are refrigerated facilities used for the
storage of temperature-controlled substances. Refrigeration systems
within cold storage warehouses can be divided into two categories:
packaged systems and central plant systems. Central plants are custom-
built refrigeration systems that are typically used in large,
refrigerated warehouses with cooling capacities that range from 20 to
5,000 kW. Central plant systems deliver cool air to the refrigerated
space through evaporators, which are typically suspended from the
ceiling in the refrigerated space. The evaporators are connected
through a piping network to multiple compressors located in a central
machine room, and a condenser, which is typically mounted outside near
the compressors. Central plant systems may have a direct or indirect
(secondary loop) design. Direct systems circulate a primary refrigerant
throughout the refrigerated space. In an indirect system, a primary
refrigerant cools a secondary refrigerant in the machine room, and the
secondary refrigerant is then circulated throughout the refrigerated
space (see 88 FR 73162).
The 2023 Technology Transitions Rule established restrictions on
the use of HFCs in new cold storage warehouses installed starting
January 1, 2026. The GWP limit is 150 for systems with

[[Page 48009]]

refrigerant charge capacities greater than or equal to 200 pounds, and
300 for systems with refrigerant charge capacities less than 200 pounds
or for the high temperature side of cascade systems irrespective of the
total charge capacity. These restrictions are found at 40 CFR
84.54(c)(9)(i), (ii), and (iii).
The EPA identified R-717, or ammonia, a 2L refrigerant, as a widely
used substitute in the cold storage warehouses subsector that has been
used for decades (see 88 FR 73162). The EPA also identified five other
substitutes \55\ for this subsector in proposing the 2023 Technology
Transitions Rule. After the rule was finalized, the EPA listed seven
additional substitutes with GWPs below 150 and one with a GWP between
150 and 300 for this subsector in SNAP Rule 26 issued on June 13, 2024
(see 89 FR 50410). All seven of the additional substitutes are
classified as A2L. Restrictions for cold storage warehouses are
implemented at 40 CFR 84.54(c)(9)(i), (ii), and (iii).
---------------------------------------------------------------------------

\55\ See 2023 Technology Transitions Rule (88 FR 73098; October
24, 2023) TSD ``American Innovation and Manufacturing Act of 2020--
Subsection (i)(4) Factors for Determination: List of Substitutes.''
---------------------------------------------------------------------------

2. Summary of Stakeholder Concerns
The Coalition for the Use of Safe and Efficient Refrigerants, Inc.
(CUSER) submitted a request to the Agency on March 6, 2025, for the EPA
to adjust the GWP limits at 40 CFR 84.54(c)(9)(i), (ii), and (iii) from
150 or 300, as applicable, to 700.
In the request, CUSER highlighted that ammonia, a higher toxicity
and flammable refrigerant, can present potential safety concerns
particularly when cold storage warehouses are not located in isolated,
unpopulated areas. CUSER cited a number of recent examples of
fatalities, injuries, and facility evacuations related to the use of
ammonia as a refrigerant in cold storage warehouses in the United
States.\56\
---------------------------------------------------------------------------

\56\ See appendices to CUSER's request, included in the docket
for this action.
---------------------------------------------------------------------------

CUSER's particular request was for an adjustment of the restriction
for cold storage warehouses more in keeping with other regulated
subsectors that primarily use large equipment with large charge sizes,
and specifically, to increase the GWP limit to allow for the use of R-
513A, which CUSER identified as a refrigerant in this subsector that
met their safety, commercial availability, energy efficiency, and
usability requirements. CUSER indicated that in its view, some of the
other substitutes identified by the EPA in the 2023 Technology
Transitions Rule would not necessarily be available in every situation
due to flammability or toxicity concerns, commercial availability,
decreased energy efficiency, not being mechanically practical due to
excessive displacement, building codes not being updated, and economic
costs.\57\
---------------------------------------------------------------------------

\57\ See CUSER's request, dated March 6, 2025, in the docket for
this action.
---------------------------------------------------------------------------

3. Summary of Proposed Changes
The EPA is proposing to revise the restrictions at 40 CFR
84.54(c)(9)(i), (ii), and (iii) to provide a graduated schedule for the
use of HFCs in new cold storage warehouses. Specifically, the EPA is
proposing to raise the GWP limit to 700 starting January 1, 2026. The
GWP limit for cold storage warehouses would become 150 or 300,
depending on certain characteristics of the system, starting January 1,
2032. Consistent with the existing restrictions, the GWP limit of 150
would be for systems with 200 or more pounds of refrigerant charge,
excluding the high temperature side of a cascade system, and the GWP
limit of 300 would be for systems with less than 200 pounds of
refrigerant charge, or for the high temperature side of a cascade
system.
The EPA's proposal does not limit industry from using lower-GWP
refrigerants that we previously identified, including ammonia, which is
already the most widely used refrigerant in this subsector for large
systems.58 59 60 While entities in many areas of the United
States can and are already using compliant lower-GWP substitute
refrigerants in this subsector, we acknowledge that limitations, such
as safety considerations in densely populated areas, could hinder
compliance with the 150 and 300 GWP limits on a nationwide scale by
January 1, 2026.
---------------------------------------------------------------------------

\58\ See White Paper from the Global Cold Chain Alliance,
(2014), included in the docket for this action.
\59\ See ``Refrigerant Options and Recommendations for Designing
Cold Storage Facilities,'' Henderson Engineers, (2023), included in
the docket for this action.
\60\ See Refrigeration Technical Options Committee 2022, p. 206.
---------------------------------------------------------------------------

The EPA acknowledges that the use of ammonia in a system containing
thousands of pounds of refrigerant charge could pose a safety risk in
densely populated areas if a leak were to occur, or if such a system
were to be handled improperly. As noted above, there is widespread use
of compliant refrigerants in this subsector in the United States;
however, based on information that we received after finalizing the
2023 Technology Transitions Rule, we acknowledge that in some
situations, there may be continued limitations that could hinder
compliance with the current requirements for cold storage warehouses.
The EPA understands that other substitutes that were previously
identified as available to meet the upcoming January 1, 2026, GWP limit
for this subsector may need additional time to develop commercial
availability. Based on the EPA's review of the information submitted by
industry stakeholders, we agree that adjusting the restriction for cold
storage warehouses to a GWP of 700 beginning January 1, 2026, which
would allow for the use of R-513A and R-450A in cold storage warehouses
in the near-term, would address the availability concerns raised by
CUSER regarding the availability of substitutes. In particular, this
would address concerns about safety considerations in densely populated
areas and availability of sufficient compliant refrigerant options
across the subsector.
In the 2023 Technology Transitions Rule, the EPA acknowledged that
siting cold storage warehouses in close proximity to densely populated
areas might limit the availability of ammonia (see 88 FR 73163). At
that time, our assessment was that there was a sufficient number of
substitutes available, including HCFO-1233zd(E), R-471A,\61\ and R-744,
all A1 refrigerants, which could support the GWP limit of 150 for those
cases in which the use of ammonia may present a safety risk in densely
populated areas. The EPA received information after the rulemaking, as
recently as March 2025, indicating that while listed as acceptable
substitutes under the EPA's SNAP program, HCFO-1233zd(E) and R-471A are
not yet commercially available. While CUSER shared in March 2025 that
R-744 operates at higher pressures and has lower energy efficiency, we
acknowledge that components that are specific for use with R-744
systems must be used for safe and energy efficient systems.
---------------------------------------------------------------------------

\61\ R-471A is a blend of HFO-1234ze(E) (78.7%), HFO-1336mzz(e)
(17%), and HFC-227ea (4.3%).
---------------------------------------------------------------------------

SNAP Rule 26 listed seven A2L substitutes as acceptable, subject to
use conditions, for use in new cold storage warehouses (see 89 FR
50410). These include HFO-1234yf, HFO-1234ze(E), R-457A, R-516A, R-
454C, R-455A, and R-454A, which have GWPs of 1, 1, 137, 140, 146, 146,
and 237, respectively. All except one have a GWP below the 150 GWP
threshold which satisfies the restrictions at 40 CFR part 84, subpart
B, for installation in new cold storage warehouses that have a charge
size of

[[Page 48010]]

200 pounds or more. All of these refrigerants could also be installed
in such systems that have a charge size less than 200 pounds, or as
part of the high temperature side of a cascade system, since they all
have a GWP below 300. The EPA recognizes that while some of these
substitutes are currently commercially available, including HFO-1234yf,
HFO-1234ze(E), R-454C, and R-454A, others will take time to become
commercially available. For context, one widely used refrigerant in
this subsector, R-513A, took approximately seven years from SNAP
approval in 2015 to widespread adoption in 2022.\62\
---------------------------------------------------------------------------

\62\ See CUSER's request included in the docket for this action.
---------------------------------------------------------------------------

CUSER also noted that A2L substitutes that were identified in the
2023 Technology Transitions Rule, and many that were listed as
acceptable subject to use conditions in SNAP Rule 26, including HFO-
1234yf, HFO-1234ze(E), R-457A, R-516A, R-454C, and R-454A, may still
face availability challenges. In particular, CUSER noted these
availability challenges arise from concerns in certain settings due to
their status as mildly flammable refrigerants or because there are
certain mechanical concerns related to their use.
The EPA recognizes there are challenges associated with using 2Ls,
or mildly flammable refrigerants, in certain settings, including
allowing for the necessary amount of time for equipment utilizing these
refrigerants to become commercially available. However, given
similarities to equipment in other subsectors with large charge sizes
that uses 2L refrigerants (e.g., industrial process refrigeration and
ice-skating rinks),\63\ we do not have information that suggests there
are technical barriers to using 2L refrigerants specific to cold
storage warehouses. The EPA expects that additional refrigerant options
that have a GWP below 150 or 300, including those identified as
available substitutes for cold storage warehouses in the 2023
Technology Transitions Rule and those listed in SNAP Rule 26 for this
subsector, will be available for cold storage warehouses by January 1,
2032. This timing is similar to the adoption of R-513A, which, as
explained earlier in this section, took approximately seven years to
become commercially available. Of the available substitutes identified
in the 2023 Technology Transitions Rule, some were not approved until
June 2024 under SNAP Rule 26. If commercial adoption occurs at a
similar pace as R-513A, these substitutes would be commercially
available by mid-2031, such that a January 1, 2032, compliance date
would be achievable and the existing compliance date of January 1,
2026, would not.
---------------------------------------------------------------------------

\63\ See Substitutes in Refrigeration and Air Conditioning web
page under the SNAP program, <a href="https://www.epa.gov/snap/substitutes-refrigeration-and-air-conditioning">https://www.epa.gov/snap/substitutes-refrigeration-and-air-conditioning</a>.
---------------------------------------------------------------------------

The EPA is also aware that the industry has a history of changing
refrigerants every few years in response to customers' requests. For
example, CUSER noted that many cold storage warehouses initially used
R-507A, transitioned to R-134a in the 2010s, and then transitioned to
R-513A in the early 2020s. Given the industry's adeptness to
transition, the EPA expects that a transition to another alternative by
2032 will not cause undue burden.
The EPA is thereby proposing a graduated schedule for the use of
HFCs in cold storage warehouses. The EPA proposes an increase to the
GWP limit of 700 starting January 1, 2026, and becoming 150 or 300,
depending on certain characteristics of the system, starting January 1,
2032. The GWP limit of 150 would be for systems with 200 or more pounds
of refrigerant charge, excluding the high temperature side of a cascade
system. The GWP limit of 300 would be for systems with less than 200
pounds of refrigerant charge, or for the high temperature side of a
cascade system. The January 1, 2032, compliance date provides
additional time for substitutes to be safely used in all circumstances,
and for additional lower-GWP substitutes to become commercial
availability. This proposed adjustment would not apply to any other
equipment. The proposal would allow for the use of additional
refrigerant options in the near-term, including but not limited to R-
513A and R-450A. The EPA requests comment on whether there are other
limitations to transitioning to lower-GWP alternatives in cold storage
warehouses other than those mentioned in this section.

E. Condensing Units in the Residential and Light Commercial Air
Conditioning and Heat Pump Subsector

1. Current Technology Transitions Provisions
The 2023 Technology Transitions Rule established restrictions on
the use of HFCs in the residential and light commercial AC/HP
subsector. This subsector includes many types of equipment, from self-
contained products such as packaged terminal air conditioners and
window AC units to unitary split systems such as ducted and non-ducted
mini-splits, multi-splits, and ducted air conditioners and heat pumps.
This section pertains only to the treatment of certain condensing units
used in unitary split AC/HP systems and thus does not discuss other
types of equipment in this subsector. Unitary split systems are field
assembled and charged. Unitary split systems include an outdoor unit
with a condenser and a compressor, refrigerant lines, an indoor unit
with an evaporator, and ducts to carry cooled or heated air throughout
a building. Mini-split air conditioners or heat pump systems is another
type of unitary split system that includes an outdoor unit with a
condenser and a compressor, refrigerant lines, and a single indoor unit
with an evaporator and air handler. Non-ducted mini-splits provide
cooled or heated air directly from the indoor unit rather than being
carried through ducts.
The unit in which the condenser and compressor are packaged
together is called a ``condensing unit.'' The condensing unit
discharges heat and is typically located outside. The American Society
of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE)
defines a condensing unit as a ``machine designed to condense
refrigerant vapor to a liquid by compressing the vapor in a positive
displacement compressor and rejecting heat to a cooling medium. A
condensing unit usually consists of one or more positive displacement
compressors and motors, condensing coils, liquid receivers, and other
devices mounted on a common base.'' \64\
---------------------------------------------------------------------------

\64\ See ASHRAE Terminology at <a href="https://terminology.ashrae.org">https://terminology.ashrae.org</a>.
---------------------------------------------------------------------------

In proposing the 2023 Technology Transitions Rule (see 87 FR 76738;
December 15, 2022) the EPA proposed that restrictions would apply to
``products,'' which would have included condensing units. Specifically,
the proposal stated, ``effective January 1, 2025, no person may
manufacture or import any product . . . as listed in Sec. 84.56(a)''
(emphasis added).\65\ Likewise, ``effective January 1, 2026, no person
may sell or distribute, offer to sell or distribute, make available to
sell or distribute, purchase or receive, attempt to purchase or
receive, or export any product . . . as listed in Sec. 84.56(a)''
(emphasis added). The proposed definition of ``product'' in 40 CFR
84.56(a) would have contained a non-exhaustive list that included
``equipment, appliances, components, [and] subcomponents.'' A
condensing

[[Page 48011]]

unit is a component of the larger unitary split AC/HP system and
therefore, under the proposed rule, would have been subject to
restrictions.
---------------------------------------------------------------------------

\65\ Sec. 84.56(a)(24) lists ``Residential and light commercial
air-conditioning and heat pump systems, when using or intended to
use a regulated substance or a blend containing a regulated
substance with a global warming potential of 700 or greater, except
for variable refrigerant flow air-conditioning systems.'' The
proposed rule did not distinguish between ``systems'' and
``products'' like the final rule.
---------------------------------------------------------------------------

The EPA received many comments on the proposal about the effect of
restricting components and subcomponents as products. The comments
varied depending on the type of restriction placed on the component,
including: manufacture and import; sale and distribution; and the
purchase and use to maintain existing equipment. Most comments
addressed the refrigeration systems context, although one commenter
expressed concern about its ability to honor warranties for existing AC
systems. Based on these comments, we removed components and
subcomponents from the final definition of ``product.'' Instead, we
classified condensing units as one of five ``specified components'' at
40 CFR 84.52 that were not subject to restrictions on manufacture,
import, sale, distribution, or export.
2. Summary of Administrative Petitions for Reconsideration
The EPA received two administrative petitions, one from Chemours
and the other from the Air Conditioning, Heating and Refrigeration
Institute (AHRI), Alliance for Responsible Atmospheric Policy, and
Heating, Air-conditioning, & Refrigeration Distributors International
(HARDI) (hereafter AHRI et al.), requesting that the Agency reconsider
aspects of the finalized regulations at 40 CFR part 84, subpart B, as
they apply to the residential and light commercial AC/HP subsector. The
two administrative petitions requested reconsideration of separate
provisions of the regulations as means to achieve a similar outcome,
that is, reconsideration of the treatment of condensing units that use
or are intended for use with HFC or HFC blend refrigerants with GWPs
above 700.
The administrative petition from Chemours requested that the EPA
remove provisions that allow the continued use of specified components
that use regulated substances with a GWP at or above 700 in the
residential and light commercial AC/HP subsector. The petitioner stated
that the EPA did not propose a definition of ``specified component,''
nor did it propose to exempt specified components from the GWP
prohibitions. The petitioner noted that the EPA proposed the opposite
by including components and subcomponents in the list of products
subject to the proposed restrictions. The petitioner stated that the
final rule allows for unlimited replacement of condensers, evaporators,
and compressors in this subsector, thereby extending the life of
existing systems beyond their designed lifetimes without taking comment
on the impacts of such extended use. In meetings with the EPA regarding
the petition, Chemours clarified that its concern was limited to the
replacement of condensing units used in split AC systems in the
residential and light commercial AC/HP subsector, not the other four
specified components, nor condensing units used in refrigeration
subsectors.\66\
---------------------------------------------------------------------------

\66\ See meeting memorandum in the docket for this action.
---------------------------------------------------------------------------

The administrative petition from AHRI et al. requested that the EPA
make a determination that replacing a condensing unit in the
residential and light commercial AC/HP subsector would be considered
the installation of a new system under 40 CFR 84.54(e). The
administrative petition is limited to condensing units in this
subsector that are designed for use with a single condenser and a
single evaporator. The administrative petition requested that the EPA
not restrict condensing units used in variable refrigerant flow (VRF)
systems,\67\ multi-split systems, and commercial AC systems with more
than one condenser and/or more than one evaporator. After submitting
their initial administrative petition, AHRI et al. submitted a letter
to the EPA containing supplemental information that limited their
request to condensing units with a capacity less than 65,000 BTUs.\68\
---------------------------------------------------------------------------

\67\ See 88 FR 73178 for a description of variable refrigerant
flow (VRF) systems.
\68\ See supplemental letter from AHRI et al., included in the
docket for this action.
---------------------------------------------------------------------------

3. Proposed Action
The EPA is proposing to retain the current requirements regarding
the treatment of condensing units used in the residential and light
commercial AC/HP subsector. This proposal provides an opportunity for
the public to comment on the treatment of condensing units in this
subsector. In doing so, the EPA is addressing one petitioner's concerns
about the inability to comment on changes made between proposal and
finalization of the 2023 Technology Transitions Rule regarding the
treatment of components.
The EPA is proposing no change to the existing provisions at 40 CFR
part 84, subpart B, pertaining to the treatment of certain condensing
units used in the residential and light commercial AC/HP subsector.
This would include no change to the definitions at 40 CFR 84.52, the
installation restriction at 40 CFR 84.54(c)(1), the list of actions
that the EPA considers an installation of a new system at 40 CFR
84.54(e), the exemption for components at 40 CFR 84.56(b), or the
labeling, reporting, and recordkeeping requirements applicable to
specified components. As summarized at the beginning of this section,
the EPA finalized provisions of the 2023 Technology Transitions Rule
that allow equipment owners to repair their existing AC/HP systems and
that such repairs could include the replacement of a condensing unit.
In doing so, the EPA was mindful of the cost of replacing an entire
system due to the failure of a single component.
Under the existing rules, new residential and light commercial AC/
HP systems using legacy refrigerants, such as equipment that uses R-
410A, can continue to be installed until January 1, 2026, using
condensing units manufactured in the United States or imported into the
United States before January 1, 2025. There may be scenarios in which a
recently installed residential AC system using a refrigerant with a GWP
above 700 has a damaged or defective condensing unit, where a repair of
the system would be inadequate or infeasible. In such scenarios, under
existing regulations, the owner would be able to replace just the
condensing unit. If restrictions were to be placed on replacing the
condensing unit, the owner's only recourse would be to replace the
entire system. Installing a new system is more costly than replacing
just the condensing unit, and in some instances, warranties or
insurance will only cover the replacement of like equipment. If R-410A-
containing condensing units are not available for replacement due to
regulatory restrictions, that homeowner may have to purchase two
entirely new AC systems within a short timeframe.
The EPA's proposal to not change the existing treatment of
condensing units is in alignment with subsection (i)(7)(B) of the AIM
Act and consistent with the Agency's standard practice with regard to
allowing repair of legacy equipment. This proposal is also consistent
with the Presidential Memorandum titled Delivering Emergency Price
Relief for American Families and Defeating the Cost-of-Living Crisis,
which directs ``the heads of all executive departments and agencies to
deliver emergency price relief, consistent with applicable law, to the
American people and increase the prosperity of the American worker,''
including by ``pursuing appropriate actions to . . . eliminate

[[Page 48012]]

counterproductive requirements that raise the costs of home
appliances[.]'' \69\
---------------------------------------------------------------------------

\69\ See <a href="https://www.whitehouse.gov/presidential-actions/2025/01/delivering-emergency-price-relief-for-american-families-and-defeating-the-cost-of-living-crisis">https://www.whitehouse.gov/presidential-actions/2025/01/delivering-emergency-price-relief-for-american-families-and-defeating-the-cost-of-living-crisis</a>.
---------------------------------------------------------------------------

F. Industrial Process Refrigeration in Certain Laboratory Equipment

1. Refrigerated Centrifuges
a. Current Technology Transitions Provisions
A refrigerated centrifuge is a laboratory device that spins samples
at a high speed while keeping them at a low, controlled temperature.
Refrigerated centrifuges are a niche subset of equipment used in
laboratories and have narrow technical requirements which limit the
refrigerants that can be used. The EPA understands that refrigerated
centrifuges are critical for blood processing and other essential
pharmaceutical and medical industries.
The 2023 Technology Transitions Rule included refrigerated
laboratory equipment within the IPR subsector.\70\ Specifically, the
2023 Technology Transitions Rule stated that refrigerated laboratory
equipment covered by either the 2nd edition of the UL 61010-2-011
standard or the 2nd edition of the UL 60335-2-89 standard are subject
to the restrictions in the rule.71 72 The restrictions on
the use of HFCs and HFC blends in new IPR equipment vary based on the
lowest temperature at which the equipment is designed to operate,
charge size, and the configuration of the equipment. IPR equipment with
refrigerants entering the evaporator at temperatures between -50 [deg]C
and -30 [deg]C have a compliance date of January 1, 2028, while IPR
equipment with refrigerants entering the evaporator at temperatures at
or above -30 [deg]C have a compliance date of January 1, 2026. These
restrictions are codified at 40 CFR 84.54(a)(12) and 84.54(c)(10).
---------------------------------------------------------------------------

\70\ The EPA is not aware of IPR centrifuge configurations used
for laboratory applications that would be covered by the IPR chiller
subsector as opposed to the IPR subsector in 84.54(a)(10),
84.54(c)(5), or 84.54(c)(6).
\71\ See the EPA's response to the manufacturer, included in the
docket for this action.
\72\ See p. 209 of the Response to Comments document for the
2023 Technology Transitions Rule.
---------------------------------------------------------------------------

The 2023 Technology Transitions Rule excluded centrifuges with
charge sizes above the threshold indicated in UL 61010-2-011 while
using a refrigerant with a GWP lower than the IPR HFC use restrictions.
To summarize, in the final rule, the EPA recognized that refrigerated
centrifuges that contain less than 150 g of flammable refrigerant
charge (or 370 g of nonflammable refrigerant charge) can meet the UL
standards using refrigerants with a GWP below the limits for IPR and
are subject to the HFC use restriction. Conversely, the EPA recognized
that refrigerated centrifuges that require more refrigeration capacity
than can be achieved using refrigerants that meet the HFC use
restrictions while meeting the charge size limits in UL 61010-2-011 are
not restricted. This is because the refrigerants that meet the IPR
restrictions are either flammable, higher toxicity, or high pressure
and as such either require an upper limit on charge size to meet the UL
standard's safety requirements or are outside the current scope of the
UL standard altogether.
b. Summary of Request
After issuance of the 2023 Technology Transition Rule, the EPA was
contacted by a manufacturer concerning refrigerated centrifugal
equipment with a NAICS code of 333998 that follows UL 61010-2-011 or UL
61010-2-020. The manufacturer stated that refrigerated centrifuges need
to be tested to ANSI/UL standards 61010-2-011 or 61010-2-020 before
mass production. The manufacturer described how UL 61010-2-020 requires
a particular test for refrigerated centrifuges called the Maximum
Credible Accident (MCA) test which assesses the safety of centrifugal
equipment in a worst-case mechanical failure. The test simulates an
accident scenario where the rotor assembly, a high-speed spinning part
of the centrifuge, experiences catastrophic failure or becomes detached
during rotation. This test ensures that the design and structure of the
equipment are robust enough to contain debris and prevent personnel
from hazardous exposure to such an event. The manufacturer explained
that the MCA test itself is currently not designed in a manner that
allows for testing of flammable or high-pressure refrigerants. We
understand that the UL standards committee is currently updating UL
61010-2-020 so the standard can appropriately test refrigerated
centrifuges to the MCA test using flammable and high-pressure
refrigerants.
The EPA understands that this update to the UL safety testing
procedure impacts all centrifuge manufacturers. The manufacturer noted
that the MCA test was expected to be updated in 2025, before the
January 1, 2026, compliance date, but that additional time would be
needed for manufacturers to redesign, test, and certify centrifuges to
the revised standards. The manufacturer later stated in a meeting that
they anticipate that standards and equipment will be updated by January
1, 2028.\73\
---------------------------------------------------------------------------

\73\ See meeting memorandum in the docket for this action.
---------------------------------------------------------------------------

c. Summary of Proposed Changes
The EPA has reviewed information provided by the manufacturer and
the UL 61010-2-020 standard for laboratory centrifuges. Based on this
review, the Agency agrees that the MCA test required in UL 61010-2-020
cannot be performed until modifications are made to accommodate the
safety risks associated with fire hazards, ballistic threats, or
toxicity hazards and understands such efforts are underway and that the
standards and equipment updates are expected to be completed by January
1, 2028. Therefore, the EPA is proposing to extend the compliance date
to January 1, 2028, for refrigerated centrifuges within the IPR
subsector. This extension applies to refrigerated centrifuges only and
does not apply to other types of equipment within the IPR subsector.
This extension is to allow additional time for the industry standard
setting process to finalize updated test procedures specific to
refrigerated centrifuges. The EPA requests comment on the proposed
extension of the compliance date to January 1, 2028, including on
whether there are any significant reliance interests in the existing
compliance date that should be taken into account in any final action.
2. Laboratory Shakers
a. Current Technology Transitions Provisions
Laboratory shakers are specialized pieces of equipment used in
scientific and medical laboratories to continuously agitate liquid
biological samples at controlled temperatures. These devices are
designed for applications that require temperature-sensitive
conditions, such as growing microbial cell cultures or eukaryotic
tissue cultures. The temperature range can span in some applications
from around 4 [deg]C to 80 [deg]C.
As described in section IV.F.1.a. of this preamble, the 2023
Technology Transitions Rule indicated that refrigerated laboratory
equipment that use an HFC or blend containing HFC(s) are regulated
within the IPR subsector.\74\ Refrigerated laboratory shakers are
covered by the UL 60335-2-89 standard

[[Page 48013]]

and are regulated as a part of this subsector.
---------------------------------------------------------------------------

\74\ The EPA is not aware of IPR shaker configurations used for
laboratory applications that would be covered by the IPR chiller
subsector as opposed to the IPR subsector in 84.54(a)(10),
84.54(c)(5), or 84.54(c)(6).
---------------------------------------------------------------------------

Under the regulations at 40 CFR 84.54, IPR equipment with
refrigerants entering the evaporator at temperatures at or above -30
[deg]C) have a compliance date of January 1, 2026. Further information
about the requirements for the IPR subsector can be found in section
IV.F.1. of this preamble.
b. Summary of Request
After issuance of the 2023 Technology Transition Rule, a
manufacturer contacted the EPA regarding refrigerated laboratory shaker
equipment. The manufacturer stated that there are currently limited
alternatives for small, compact IPR systems, such as laboratory
shakers.\75\ The manufacturer noted that while there are some suitable
lower-GWP alternatives currently on the market in some laboratory
equipment applications, such as R-290 \76\ and R-1234yf, these
alternatives pose safety, efficiency, and cooling capacity challenges
in compact lab environments and in certain laboratory applications. For
example, flammability is a particular concern from both a regulatory
and safety perspective, as laboratories often have open flames,
solvents, or other electronics present that could trigger an ignition.
---------------------------------------------------------------------------

\75\ See materials from Eppendorf, included in the docket for
this action.
\76\ Propane.
---------------------------------------------------------------------------

Since laboratory shakers are used in various cell culture
applications, the manufacturer also described how a wide temperature
operation range and precise temperature control are crucial to ensure
optimal cell growth conditions and experimental accuracy. A temperature
operation range that extends as low as 4 [deg]C and up to 80 [deg]C
allows for a range of biological laboratory research applications.
Currently R-134a is one of the only refrigerants used that can achieve
such a wide temperature range. Not all shakers have this wide
temperature range, and in particular, some do not extend as high as 80
[deg]C. Shakers that use R-600a \77\ or a Peltier cooling method \78\
can operate at temperatures as high as 60 [deg]C. This limits the
capability of such shakers from operating at temperatures above 60
[deg]C, in which certain niche research processes are conducted.
---------------------------------------------------------------------------

\77\ Isobutane.
\78\ Peltier cooling uses a thermoelectric effect for cooling.
It does not contain refrigerant.
---------------------------------------------------------------------------

Further, the manufacturer noted that temperature accuracy to within
0.1 [deg]C is required to maintain the integrity of the cell cultures
and reliability of results in certain research applications.\79\ The
manufacturer shared information that illustrated how not all shakers
have this precise temperature control capability. Some laboratory
shakers can provide an accuracy within 0.3 [deg]C, and some of those
are already using compliant refrigerants, including R-600a.
---------------------------------------------------------------------------

\79\ See pdf file from Eppendorf, including in the docket for
this action.
---------------------------------------------------------------------------

The manufacturer noted that one feasible alternative that could
achieve desired temperature specifications is R-744, but that current
IPR systems for this refrigerant are primarily designed for large-scale
industrial refrigeration systems and that there are limited solutions
for small-scale laboratory equipment. Systems are currently in
development but are not expected to be available until mid-2027 at the
earliest.\80\
---------------------------------------------------------------------------

\80\ See PowerPoint from Eppendorf, included in the docket for
this action.
---------------------------------------------------------------------------

c. Proposed Action
The EPA is proposing to extend the compliance date to January 1,
2028, for refrigerated laboratory shakers within the IPR subsector.
This extension does not apply to other refrigerated laboratory
equipment not discussed in this proposal. This extension is to allow
additional time for the development of lower-GWP refrigerants and not-
in-kind substitutes (e.g., Peltier cooling) for use in this niche
refrigerated laboratory application. The EPA has received information
that R-744 is being developed for use in laboratory shakers to have the
necessary specifications that can meet manufacturers and researchers'
requirements in time before 2028.
The EPA is aware that several refrigerants are currently being used
in refrigerated laboratory shakers, but that they do not all have the
same temperature operation range or temperature control capacity. The
EPA received information from one manufacturer that R-134a, with a GWP
of 1,430, is the only refrigerant that is currently being used to meet
the wide temperature range and fine temperature control requirements of
manufacturers and researchers. It is capable of operating at
temperatures as low as 4 [deg]C, and up to 80 [deg]C, with temperature
control capability in increments of 0.1 [deg]C. R-600a, with a GWP of
1, is being used in equipment capable of operating at temperatures as
low as 4 [deg]C, and up to 60 [deg]C, with a temperature control
capability of 0.3 [deg]C increments. One shaker product utilizes
Peltier cooling to achieve a temperature range of 5 [deg]C to 60 [deg]C
with a temperature control capability of 0.3 [deg]C increments.
While a range of options are used to control temperature in
laboratory shakers, including compliant refrigerants that can meet the
requirements in some refrigerated laboratory shaker applications, there
remain some use cases in which refrigerants with a GWP of lower than
700 are unable to meet the requirements. This includes achieving
temperatures between 60 [deg]C and 80 [deg]C in shakers that also have
a temperature control capability as fine as 0.1 [deg]C increments. In
addition, based on industry estimation, the EPA understands that new
IPR products using R-744 as the refrigerant are currently in
development and are not expected to be available around mid-2027. As
such, the EPA is proposing to extend the compliance date from January
1, 2026, to January 1, 2028, for all laboratory shakers, to provide
additional time for compliant refrigerant options to be developed for
all refrigerated laboratory shaker use cases.
The EPA requests comment on the proposed extension of the
compliance date to January 1, 2028, as explained in this section,
including on whether there are any significant reliance interests in
the current requirements that should be taken into account in any final
action.

G. Extending the Installation Compliance Date for Residential and Light
Commercial Air Conditioning and Heat Pump Systems

1. Current Technology Transitions Provisions
The current requirements at 40 CFR part 84, subpart B, restrict the
use of certain HFCs in systems in the residential and light commercial
AC/HP subsector. Systems in this subsector include unitary split
systems such as ducted and non-ducted mini-splits, multi-splits, and
ducted air conditioners and heat pumps. This section pertains to the
treatment of residential and light commercial AC/HP systems only.
The 2023 Technology Transitions Rule restricted the installation of
residential and light commercial AC/HP systems using refrigerants with
a GWP higher than 700 beginning January 1, 2025. After the 2023 rule
was finalized, the EPA received new information including data
concerning how the January 1, 2025, restriction on installation would
result in substantial stranded inventory for residential new
construction, including both single-family and multi-family dwellings,
where builders order heating and cooling equipment well in advance of

[[Page 48014]]

knowing the exact date of installation. The EPA published an interim
final rule on December 26, 2023, to address the unique circumstances of
this subsector to prevent equipment from being stranded (see 88 FR
88825). That rule extended the installation compliance date for such
systems by one year, to January 1, 2026, so long as the equipment was
manufactured in the United States or imported into the United States
before January 1, 2025.
2. Summary of Stakeholder Concerns Related to Availability of R-454B
The U.S. air conditioning manufacturers are manufacturing new
residential and light commercial split AC systems using R-454B (a blend
of HFC-32 and HFO-1234yf), and to a lesser extent, HFC-32. While
systems using other refrigerants (e.g., R-410A) can currently be
installed until January 1, 2026, data suggests the bulk of the systems
being sold now use either R-454B or R-32.\81\ However, supply chain
issues, such as a shortage of 20-lb cylinders rated for transporting
A2L refrigerants, affected the availability of R-454B for contractors
and technicians throughout the spring and most of the summer of 2025.
In addition, one chemical producer announced a surcharge for R-454B
early in the cooling season.\82\ There has also been some stockpiling
contributing to regional shortages. In some cases, refrigerant costs
and longer lead times for filling some orders for R-454B have impacted
consumers in need of new residential air conditioning systems. While
the EPA's current regulations do not restrict the installation of
equipment using legacy refrigerants such as R-410A until January 1,
2026, the EPA has been concerned with these potential consumer impacts
and has been exploring ways to provide relief.
---------------------------------------------------------------------------

\81\ See materials related to R-454B, included in the docket for
this action.
\82\ See Honeywell's announcement from April 2025, included in
the docket for this action.
---------------------------------------------------------------------------

The EPA recognizes that many trade associations and individual
companies have been working to address the supply chain issues for R-
454B. These entities cited a number of contributing factors including
higher than anticipated demand, shortages of the 20-lb cylinders, and
global economic factors as contributing to this unexpected situation.
Contractors and technicians have been the most impacted because of how
refrigerant is distributed. The original equipment manufacturers
(OEMs), which typically receive refrigerant in larger containers (e.g.,
isotanks), have not had the same experiences as those that typically
buy refrigerant packaged into smaller containers (e.g., 20-lb
cylinders). In response to these supply chain challenges, OEMs have
increased the amount of refrigerant charge in new equipment to cut down
on the amount of additional refrigerant that contractors need to
appropriately install the equipment. At least one OEM has been
repackaging their excess bulk R-454B into 20-lb cylinders for use by
distributors and contractors.\83\ Worthington Industries, the dominant
cylinder manufacturer, has stated that demand for R-454B was more than
anticipated. In response to the cylinder shortage, they have increased
cylinder production, including adding two production crews to one
facility and adding a production shift to another facility.\84\
---------------------------------------------------------------------------

\83\ See materials related to R-454B, included in the docket for
this action.
\84\ Ibid.
---------------------------------------------------------------------------

Despite these actions to make R-454B more available, the EPA
understands that in some parts of the country, access to R-454B remains
challenging. To provide relief to consumers, the EPA considered
extending the installation date for systems using refrigerants with a
GWP higher than 700, including R-410A, to January 1, 2027. However,
noting the Agency does not have information about the extent of
equipment that may remain in company inventories as of January 1, 2026,
removing the installation compliance date altogether may be the more
appropriate approach. Either of these approaches would also respond to
a second concern that has been brought to the EPA's attention. Since
publication of the interim final rule on December 26, 2023, some
entities have requested additional time beyond January 1, 2026, to
install residential and light commercial AC/HP systems.\85\ These
requesters shared that additional time is needed because of
construction delays particularly for certain construction projects
(e.g., for multifamily housing) that have long timelines.\86\ Without
further extension of the installation compliance date, they note that
there could be stranded inventory.
---------------------------------------------------------------------------

\85\ See comment on the interim final rule (88 FR 88825) from
the National Multifamily Housing Council and National Apartment
Association, as well as a list of stakeholders who submitted
relevant questions and comments to the EPA, included in the docket
for this action.
\86\ See comment on the interim final rule (88 FR 88825) from
the National Multifamily Housing Council and National Apartment
Association.
---------------------------------------------------------------------------

3. Proposed Action
The EPA is proposing to remove the installation compliance date for
systems in the residential and light commercial AC/HP subsector, using
components manufactured or imported prior to January 1, 2025. In light
of current supply chain issues, the potential for future supply chain
issues, as well as the fact that current rules do not allow for
additional import or manufacture of equipment for new systems, the EPA
no longer believes that limiting the ability to install new systems is
warranted. Removing the installation compliance date allows industry to
sell through remaining inventory of R-410A equipment that has been
previously manufactured or imported. In light of the supply chain
issues related to R-454B experienced this summer, the EPA seeks to
provide consumers and contractors with an additional option. The EPA
remains mindful, however, of potential impacts to companies that have
relied upon the installation compliance date. The EPA does not expect
there will be discernible economic impacts from those already modeled
in our analysis for the 2023 Technology Transitions Rule since the
total number of systems installed using legacy refrigerants would still
match what the Agency modeled for that rule.

H. Labeling Correction

The EPA is also proposing to correct an erroneous citation in the
regulatory text at 40 CFR 84.58(b). The regulatory text should direct
the reader to paragraph (d), not to paragraph (c), as currently
written. The proposed regulatory text for this rulemaking corrects this
to accurately describe the intended labeling requirements.

I. Proposed Interpretation of Paragraph (i)(6)

The EPA is proposing to make this rule effective 30 days after
publication of the final rule in the Federal Register. Subsection
(i)(6) of the AIM Act states that ``no rule under this subsection may
take effect before the date that is 1 year after the date on which the
Administrator promulgates the applicable rule under this subsection''
(42 U.S.C. 7675(i)(6)). The EPA is proposing that the best reading of
this statutory text is that the one-year requirement applies only to
the creation of new restrictions and not to the relaxation or removal
of existing restrictions.
The 2023 Technology Transitions Rule described the EPA's
interpretation of this provision as applying to the establishment of
restrictions on use of HFCs under subsection (i)(1) of the AIM Act.
Based on this interpretation, we established compliance dates for the
restrictions on the manufacture and

[[Page 48015]]

import of products and installation of systems that were at least one
year from the date of promulgation. At the same time, we also did not
include a delayed compliance or effective date for provisions
pertaining to program administration and petitions processing and
elected to make those provisions effective 60 days after publication in
the Federal Register (see 88 FR 73104).
Since finalizing the 2023 Technology Transitions Rule, the EPA has
issued two rules adjusting existing restrictions based on new
information. In those rules, we maintained that changes to the
requirements under subsection (i) of the AIM Act, including extending
compliance dates, must be finalized at least one year prior to the
restriction taking effect (see 88 FR 88826). The Agency has
reconsidered its position and now proposes that the best reading of the
subsection (i)(6) requirement is that it does not apply to
modifications of existing restrictions that were originally promulgated
under subsection (i) if those modifications provide relief from a
restriction. Providing a full year delay between promulgation and
application of a compliance deadline is important when a new sector or
subsector is being regulated, as with the 2023 Technology Transitions
Rule, to provide regulated parties sufficient notice to plan for and
adjust to new restrictions. However, when the EPA is revising an
existing restriction to provide additional time for compliance or other
relief, the need for adequate notice to parties subject to the
restriction is less compelling, particularly when the parties are
themselves requesting relief from the Agency's restrictions. The Agency
is therefore proposing that the best reading of the effective date
provision in subsection (i)(6) as not applying to these adjustments to
existing restrictions that provide relief from those restrictions,
though the provision would still apply to the creation of new
restrictions. Under this proposal, adjusting an existing restriction to
extend a compliance date from January 1, 2026, to January 1, 2028, for
example, would not need to be completed by January 1, 2025, in order to
comply with subsection (i)(6). However, finalizing a new restriction
with a compliance date of January 1, 2028, for example, would need to
be completed no later than one year in advance, or January 1, 2027, at
the latest.
The EPA requests comment on this proposed statutory interpretation
that the one-year effective date requirement of subsection (i)(6) not
apply to rules relaxing or removing existing restrictions, particularly
whether there are any reliance interests that would be negatively
affected by a shorter effective date requirement.

J. Negotiated Rulemaking

Prior to proposing a rule under subsection (i) of the AIM Act,
subsection (i)(2)(A) directs the EPA to consider negotiating with
stakeholders in the sector or subsector subject to the potential rule
in accordance with negotiated rulemaking procedures established under 5
U.S.C. chapter 5, subchapter III (commonly known as the ``Negotiated
Rulemaking Act of 1990''). If the EPA makes a determination to use
negotiated rulemaking procedures, subsection (i)(2)(B) of the AIM Act
requires that the EPA, to the extent practicable, give priority to
completing that rulemaking over completing rulemakings under subsection
(i) that are not using that procedure. If the EPA does not use the
negotiated rulemaking process, subsection (i)(2)(C) requires that we
publish an explanation of the decision not to use that procedure before
commencement of the rulemaking process.
The EPA noted in the 2023 Technology Transitions Rule that, where
appropriate, we will consider recent Agency actions and decisions
related to restrictions on the use of HFCs in sectors and subsectors
when considering using negotiated rulemaking procedures. We provided
the example of not issuing a separate notice to consider using
negotiated rulemaking for four petitions submitted under (i)(4) of the
AIM Act that the EPA received after a first round of petitions had been
subject to public notice and comment. We reasoned that these (i)(4)
petitions were received well ahead of the final action and that the
requested restrictions were in the same sectors and subsectors
addressed in petitions for which a determination had already been made.
The EPA stated that nothing in those four (i)(4) petitions caused us to
reconsider that decision and that it was unnecessary for us to
reconsider whether to use negotiated rulemaking procedures.
Upon reconsidering the 2023 Technology Transitions Rule, the EPA
has determined that this proposed rulemaking does not merit revisiting
our prior determination not to use negotiated rulemaking
procedures.87 88 We are proposing this action in response to
specific concerns arising from administrative petitions and other
requests to amend certain existing provisions of the 2023 Technology
Transitions Rule. As previously noted, we are not proposing to
establish new restrictions in this rulemaking. Rather, we are proposing
to amend existing regulations to provide more time and flexibility.
---------------------------------------------------------------------------

\87\ CUSER suggested in their request that the EPA not use the
negotiated rulemaking procedure.
\88\ The EPA does not believe that this rulemaking would benefit
from the negotiated rulemaking procedure because timeliness is a
concern shared by stakeholders.
---------------------------------------------------------------------------

V. Assessment of Economic and Environmental Impacts

The actions proposed in this rule are inherently deregulatory in
that the compliance deadlines would be extended and, in some cases, GWP
thresholds would be increased. As noted in each of the discussions in
section IV. of this preamble, stakeholders are, in many cases,
requesting that the EPA relax certain requirements, citing difficulties
in compliance due to a variety of reasons including lack of technically
achievable alternatives or other barriers, such as building codes.
Entities requesting changes to the restrictions provided new
information indicating barriers to meeting the existing requirements
and implied there would be savings associated with these changes. The
requesters of these changes find that these barriers are preventing
them from fully complying with the current restrictions at 40 CFR part
84, subpart B. The EPA also received information indicating that
relaxing restrictions in the retail food refrigeration (supermarkets
and remote condensing units) subsectors would result in disbenefits for
companies that have invested in alternative technologies.
The EPA does not have all the information necessary to quantify the
potential net cost savings associated with alleviating the anticipated
difficulties raised by entities. The EPA notes such net cost savings
would be difficult to quantify with existing data, as they could vary
substantially from entity to entity based on a variety of factors.
These factors include access to capital, supply agreements, locations
of operations, supply chain logistics, short- and long-term agreements
or contracts, training practices, availability of personnel trained on
new technologies, investments made to develop new technologies,
stranded assets from delayed transitions, and more. The EPA welcomes
information from stakeholders that is sufficiently quantitative, of
sufficient quality, and relevant, which would assist us in quantifying
such economic effects.
Further discussion regarding the economic impacts of this proposed
rule, as well as a detailed list of additional information that the EPA
is seeking in

[[Page 48016]]

order to better evaluate these impacts, are provided in the draft
memorandum titled, ``Analysis of Economic and Environmental Impacts--
Phasedown of Hydrofluorocarbons: Reconsideration of Certain Regulatory
Requirements Promulgated Under the Technology Transitions Provisions of
the American Innovation and Manufacturing Act of 2020'' (hereafter
``Economic Analysis memo''), which is included in the docket for this
action.
The EPA notes that it is not able to evaluate the following factors
with existing data and welcomes additional information from the
regulated community and general public that could be used to evaluate
and estimate such costs and cost savings:
<bullet> Cost savings resulting from updated transition pathways
where changes result in the avoidance of burden not previously assessed
by the EPA. Petitioners and requesters indicate that compliance with
the requirements at 40 CFR part 84, subpart B, would pose challenges
for specific parts of industry related to technical feasibility or
commercial readiness. Without the adjustments proposed in this
rulemaking, specific entities may incur additional costs due to supply
bottlenecks of alternative refrigerants and technologies, accelerated
uptake of nascent and costly technologies, the need to stockpile legacy
equipment, engage in costly repairs of legacy equipment in order to
extend its useful life in lieu of replacement, and more. The EPA did
not quantify such costs for the 2023 Technology Transitions Rule, and
the EPA does not have the data to quantify the avoidance of such costs
through the changes proposed in this rulemaking. However, the EPA notes
that a primary benefit of this proposed rulemaking is to avoid such
costs by providing a smoother transition path for the specific
subsectors included in this rulemaking.
<bullet> Costs resulting from the proposed rulemaking for cases
where relaxing compliance requirements result in stranded assets for
companies that had made capital and investment planning decisions based
on the requirements at 40 CFR part 84, subpart B, finalized in 2023.
For example, OEMs may have made capital investments in additional
manufacturing capacity for technology necessary to meet the existing
requirements in the retail food subsector. These sunk costs may be more
difficult to recoup to the extent that future demand for these
technologies changes as a result of the proposed changes.
If the EPA acquires the additional information discussed here and
in the Economic Analysis memo, and it is sufficiently quantitative,
rigorous, complete, and relevant to this rulemaking, the information
could be used to evaluate the economic impacts of this proposed
rulemaking.

Preliminary Assessment of Updated Market Transitions and Environmental
Impacts Based on Proposed Adjustments

While the EPA does not have sufficient information to quantify
aspects of the costs and savings of this proposed rule, the EPA did
conduct an analysis of updated market transition assumptions and
resulting changes to HFC consumption. To derive the results, the EPA
re-ran the analysis it originally completed for the 2023 Technology
Transitions Rule, adjusting the proposed changes to compliance dates
and thresholds in this rule. The EPA is taking comment on whether the
updated pathways to transition included in this analysis, discussed in
detail in the Economic Analysis memo, are realistic and reflective of
current market conditions.
Overall, the preliminary analysis of the EPA's updated
assumptions--including later transitions to alternatives or transitions
to a higher-GWP alternative--result in an estimated 2.9 percent
increase in HFC consumption (i.e., reduction in HFC consumption
abatement) relative to the 2023 rule analysis (or a 0.02 to 7.8 percent
reduction based on the upper and lower bound sensitivities
evaluated).\89\ Table 1 provides a summary of how the proposed
adjustments and updated market transitions affect U.S. HFC consumption.
Results are provided in terms of net consumption change relative to the
2023 Technology Transitions Rule for each category of equipment
affected by this proposed action. The EPA notes that these results are
based on existing models and currently available data.
---------------------------------------------------------------------------

\89\ As a sensitivity, the EPA's analysis provides upper and
lower bound estimates of assumed changes in transition rates to
various technology options (and resulting increase in HFC
consumption) that may occur in response to the proposed rulemaking.
For more details on these assumptions, see the Economic Analysis
memo included in the docket for this action.

Table 1--Incremental Adjustments to Consumption Abatement as Compared to
the 2023 Technology Transitions Rule Analysis, Based on Currently
Available Data
[Million metric tons of exchange value equivalent, cumulative through
2050]
------------------------------------------------------------------------
Cumulative adjustment to net
Subsector(s) HFC consumption abatement \a\
\b\
------------------------------------------------------------------------
Refrigerated Transport................. (0.055) [0.03 to 0.08].\c\
Industrial Process Refrigeration....... (0.38).\d\
Cold Storage Warehouses................ (6.33) [0 to 12.28].\e\
Retail Food Refrigeration.............. (56.05) [0 to 155.84].\e\
--------------------------------
Total (for all affected subsectors) (62.815) [0.41 to 168.58].
------------------------------------------------------------------------
\a\ Resulting adjustments to net consumption abatement are negative
(i.e., increased consumption).
\b\ Bracketed values represent upper and lower bound sensitivity
estimates. Bold values represent preliminary point estimates.
\c\ This range of values is informed by data from industry stakeholders
that was shared with the EPA regarding the potential market share
represented by the type of equipment for which the proposed rule would
provide an exemption.
\d\ For the relevant applications this subsector, the EPA did not
conduct a sensitivity analysis associated with the uncertainty
regarding transitions to various new technology options or market
share.
\e\ As described in more detail in the Economic Analysis memo, the EPA
conducted a sensitivity analysis for these subsectors given the
significant uncertainty regarding potential changes in expected
transition rates to various technology options.

[[Page 48017]]

For more detailed information, see the Economic Analysis memo
included in the docket for this rulemaking.

VI. Request for Comments

In addition to the instances in which the EPA has requested comment
above, the EPA is requesting comment on the following:
1. Data regarding which refrigerants are being considered or
adopted in new refrigeration equipment for remote condensing units,
supermarket systems, and cold storage warehouses.
2. Data about the commercial availability and timeline for adoption
of new refrigeration equipment using lower-GWP substitutes in remote
condensing units, supermarket systems, and cold storage warehouses as
it relates to the second step of the proposed compliance dates which
begin in 2032 for these subsectors.
3. Data about costs and savings resulting from the extension of
compliance timelines for manufacturers and servicing companies, which
are investing in U.S. production of new raw materials, refrigerants,
equipment and other technologies, intended to support companies'
transition and compliance, across the subsectors in this rule.
4. The EPA requests comment on the proposed removal of the
installation compliance date for residential and light commercial AC
systems. The EPA is also seeking comment on whether an extension of the
installation compliance date by one or more years would be appropriate,
noting the Agency does not have information about the extent of
equipment that may remain in inventory as of January 1, 2026, as well
as any significant reliance interests that should be taken into account
in any final action.

VII. Advance Notice of Proposed Rulemaking To Address R-454B Supply

As stated in section IV.G., the EPA is aware of recent challenges
related to the availability of the refrigerant R-454B, causing
potential increases in price, scarcity, and stockpiling. Most U.S. OEMs
have chosen to transition to R-454B for use in residential AC systems
compliant with the Technology Transitions regulations at 40 CFR part
84, subpart B. As discussed in section IV.G., these OEMs typically
purchase refrigerants in larger containers (e.g., isotanks) and are
thus much less susceptible to the supply chain issues. However,
contractors and technicians experienced significant R-454B supply chain
issues this summer which affected consumers purchasing new AC systems.
As stated in section IV.G., the EPA is concerned with the impacts on
consumers. While the Agency is aware of the efforts by OEMs and the
U.S. cylinder manufacturer to address these issues, the EPA is
interested in other options that could provide further relief to the
consumers.
The EPA is seeking advance comment on possible actions that the
U.S. government could consider. The EPA is interested in information
and data that may be used to inform future actions that could be taken
by the EPA or by other parts of the federal government to address this
issue. The EPA acknowledges that many of the topics listed below could
involve regulatory changes for which the statutory authority may be
vested in other departments or agencies of the federal government.
However, in those cases, the EPA would share information with the
relevant departments and agencies. The EPA is also interested in
advance comment on any significant reliance interests.
Specifically, the EPA is seeking comments and additional
information that could be used to inform potential future actions that
include but are not limited to:
<bullet> A price cap or other mechanisms on R-454B or other
refrigerants experiencing supply chain issues to prevent price gouging;
<bullet> A requirement that equipment manufacturers provide the
necessary amount of R-454B or other refrigerants experiencing shortages
for installation of equipment, particularly when contractors and
technicians are unable to acquire the refrigerants readily;
<bullet> Options for potential revisions to the Pipeline and
Hazardous Materials Safety Administration (PHMSA) requirements which
regulate the types of cylinders that can be used to transport the
relevant chemicals (49 CFR parts 106, 107 and 171 to 180);
<bullet> Options to increase cylinder production in the United
States, including by encouraging new market entrants or additional
production lines for current cylinder manufacturers, to ensure a
sufficient supply of cylinders for the U.S. market;
<bullet> Options for increasing reclamation of R-454B and
information concerning how this might comport or conflict with any
relevant patent protections; and
<bullet> Options that would require compulsory licensing agreements
allowing more entities to blend R-454B or other refrigerants
experiences shortages at least on a temporary basis.
The EPA is seeking comments to gain public input and additional
information on these topics, including their feasibility, relevant
authorities, and to what extent any additional actions would be
considered beneficial. The EPA reiterates that there is no concrete
proposal in this section as it is solely intended to elicit advance
comment.

VIII. Statutory and Executive Order Reviews

Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.

A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review

This action is a significant regulatory action that was submitted
to the Office of Management and Budget (OMB) for review. Any changes
made in response to OMB recommendations have been documented in the
docket. EPA prepared an economic analysis of the potential costs and
benefits associated with this action.\90\
---------------------------------------------------------------------------

\90\ See Economic Analysis memo included in the docket for this
action.
---------------------------------------------------------------------------

B. Executive Order 14192: Unleashing Prosperity Through Deregulation

This action is expected to be an Executive Order 14192 deregulatory
action. This proposed rule is expected to provide burden reduction by
providing industry with additional time and/or flexibility to
transition to next-generation technologies, without adversely affecting
the phasedown goals under the AIM Act.

C. Paperwork Reduction Act (PRA)

This action does not impose an information collection burden under
the PRA because it does not contain any information collection
activities.

D. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. In
making this determination, EPA concludes that the impact of concern for
this proposed rule is any significant adverse economic impact on small
entities and that the Agency is certifying that this proposed rule
would not have a significant economic impact on a substantial number of
small entities because the proposed rule would relieve regulatory
burden on the small entities subject to the rule. EPA is making this
determination based on the small business screening analysis that was
done for the 2023 Technology Transitions Rule which found that there
that there was no significant impact on

[[Page 48018]]

a substantial number of small entities (SISNOSE). The changes proposed
in this rulemaking are deregulatory in nature and do not meaningfully
impact that analysis. We have therefore concluded that this action
would relieve regulatory burden for all directly regulated small
entities.

E. Unfunded Mandates Reform Act (UMRA)

This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. The action imposes no enforceable duty on any state,
local or Tribal governments or the private sector.

F. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

This action does not have Tribal implications as specified in
Executive Order 13175. It will not have substantial direct effects on
Tribal governments, on the relationship between the Federal government
and Indian Tribes, or on the distribution of power and responsibilities
between the Federal government and Indian Tribes, as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.

H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that EPA has reason to believe may disproportionately affect children,
per the definition of ``covered regulatory action'' in section 2-202 of
the Executive Order. This action is narrowly tailored to prevent the
stranding of certain air conditioning and heat pump equipment using
variable refrigerant flow technology while not affecting the demand for
HFCs. Therefore, this action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety
risk. Since this action does not concern human health, EPA's Policy on
Children's Health also does not apply.

I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

This action is not a ``significant energy action'' because it is
not likely to have a significant adverse effect on the supply,
distribution, or use of energy. This action applies to certain
subsectors that use regulated substances, none of which are used to
supply or distribute energy.

J. National Technology Transfer and Advancement Act (NTTAA)

This rulemaking does not involve technical standards.

List of Subjects in 40 CFR Part 84

Environmental protection, Administrative practice and procedure,
Air pollution control, Chemicals, Climate change, Emissions, Imports,
Reporting and recordkeeping requirements.

Lee Zeldin,
Administrator.

For the reasons stated in the preamble, the EPA proposes to amend
40 CFR part 84 as follows:

PART 84--PHASEDOWN OF HYDROFLUOROCARBONS

0
1. The authority citation for part 84 continues to read as follows:

Authority: Pub. L. 116-260, Division S, Sec. 103.

Subpart B--Restrictions on the Use of Hydrofluorocarbons

0
2. Amend Sec. 84.54 by:
0
a. Revising paragraph (a)(6).
0
b. Adding paragraphs (a)(10)(v), (12)(iv) and (v).
0
c. Revising paragraphs (c)(1), (5), (6), (7), and (9).
0
d. Adding paragraph (c)(10)(v).
0
e. Revising paragraphs (c)(11) and (12).
The revisions and additions read as follows:

Sec. 84.54 Restrictions on the use of hydrofluorocarbons.

(a) * * *
(6) Effective 30 days after publication of the final rule,
refrigerated transport--intermodal containers with a box temperature of
-35 [deg]C (-31 [deg]F) or higher using a regulated substance, or a
blend containing a regulated substance, with a global warming potential
of 700 or greater;
* * * * *
(10) * * *
(v) Chillers subject to paragraphs (iii) or (iv) with a refrigerant
charge capacity less than 100 pounds that are used in the manufacture
of semiconductors must comply with the restrictions of those paragraphs
by January 1, 2030.
* * * * *
(12) * * *
(iv) Products subject to paragraphs (ii) or (iii) with a
refrigerant charge capacity less than 100 pounds that are used in the
manufacture of semiconductors must comply with the restrictions of
those paragraphs by January 1, 2030;
(v) Refrigerated centrifuges and laboratory shaker tables subject
to paragraphs (i) or (ii) must comply with the restrictions of those
paragraphs by January 1, 2028.
* * * * *
(c) * * *
(1) Effective January 1, 2025, residential or light commercial air-
conditioning or heat pump systems using a regulated substance, or a
blend containing a regulated substance, with a global warming potential
of 700 or greater, except for variable refrigerant flow air-
conditioning and heat pump systems. New residential and light
commercial air-conditioning and heat pump systems using a regulated
substance, or a blend containing a regulated substance, with a global
warming potential of 700 or greater may continue to be installed where
all specified components of that system are manufactured or imported
prior to January 1, 2025.
* * * * *
(5)(i) Effective January 1, 2026, chillers for industrial process
refrigeration where the temperature of the fluid exiting the chiller is
greater than -30 [deg]C (-22 [deg]F) using a regulated substance, or a
blend containing a regulated substance, with a global warming potential
of 700 or greater;
(ii) Effective January 1, 2030, chillers for industrial process
refrigeration with a refrigerant charge capacity less than 100 pounds
that are used in the manufacture of semiconductors where the
temperature of the fluid exiting the chiller is greater than -30 [deg]C
(-22 [deg]F) using a regulated substance, or a blend containing a
regulated substance, with a global warming potential of 700 or greater;
(6)(i) Effective January 1, 2028, chillers for industrial process
refrigeration where the temperature of the fluid exiting the chiller is
greater than or equal to -50 [deg]C (-58 [deg]F) and less than or equal
to -30 [deg]C (-22 [deg]F) using a regulated substance, or a blend
containing a regulated substance, with a global warming potential of
700 or greater;

[[Page 48019]]

(ii) Effective January 1, 2030, chillers for industrial process
refrigeration with a refrigerant charge capacity less than 100 pounds
that are used in the manufacture of semiconductors where the
temperature of the fluid exiting the chiller is greater than or equal
to -50 [deg]C (-58 [deg]F) and less than or equal to -30 [deg]C (-22
[deg]F) using a regulated substance, or a blend containing a regulated
substance, with a global warming potential of 700 or greater;
(7) Effective 30 days after publication of the final rule,
refrigerated transport--intermodal containers with a box temperature of
-35 [deg]C (-31 [deg]F) or higher using a regulated substance, or a
blend containing a regulated substance, with a global warming potential
of 700 or greater;
* * * * *
(9)(i) Effective January 1, 2026, cold storage warehouse systems
using a regulated substance, or a blend containing a regulated
substance, with a global warming potential of 700 or greater;
(ii) Effective January 1, 2032, cold storage warehouse systems
using a regulated substance, or a blend containing a regulated
substance, as follows:
(A) Systems with a refrigerant charge capacity of 200 pounds or
greater, that are not the high temperature side of a cascade system,
using a regulated substance, or a blend containing a regulated
substance, with a global warming potential of 150 or greater;
(B) Systems with a refrigerant charge capacity less than 200 pounds
using a regulated substance, or a blend containing a regulated
substance, with a global warming potential of 300 or greater;
(C) Cascade refrigerant systems using a regulated substance, or a
blend containing a regulated substance, on the high temperature side of
the system with a global warming potential of 300 or greater;
(10) * * *
(v) Systems used in the manufacture of semiconductors with a charge
size of less than 100 pounds must comply with the restrictions of
paragraphs (ii)-(iv), as applicable, by January 1, 2030.
(11)(i) Effective January 1, 2026, remote condensing units in
retail food refrigeration systems using a regulated substance, or a
blend containing a regulated substance, with a global warming potential
of 1,400 or greater;
(ii) Effective January 1, 2032, remote condensing units in retail
food refrigeration systems using a regulated substance, or a blend
containing a regulated substance, as follows:
(A) Systems with a refrigerant charge capacity of 200 pounds or
greater, that are not the high temperature side of a cascade system,
using a regulated substance, or a blend containing a regulated
substance, with a global warming potential of 150 or greater;
(B) Systems with a refrigerant charge capacity less than 200 pounds
using a regulated substance, or a blend containing a regulated
substance, with a global warming potential of 300 or greater;
(C) Cascade refrigerant systems using a regulated substance, or a
blend containing a regulated substance, on the high temperature side of
the system with a global warming potential of 300 or greater;
(12)(i) Effective January 1, 2027, supermarket systems using a
regulated substance, or a blend containing a regulated substance, with
a global warming potential of 1,400 or greater;
(ii) Effective January 1, 2032, supermarket systems using a
regulated substance, or a blend containing a regulated substance, as
follows;
(A) Systems with a refrigerant charge capacity of 200 pounds or
greater, that are not the high temperature side of a cascade system,
using a regulated substance, or a blend containing a regulated
substance, with a global warming potential of 150 or greater;
(B) Systems with a refrigerant charge capacity less than 200 pounds
using a regulated substance, or a blend containing a regulated
substance, with a global warming potential of 300 or greater;
(C) Cascade refrigerant systems using a regulated substance, or a
blend containing a regulated substance, on the high temperature side of
the system with a global warming potential of 300 or greater;
* * * * *
0
3. Amend Sec. 84.58 by revising paragraph (b) to read as follows:

Sec. 84.58 Labeling.

* * * * *
(b) Effective upon the date listed for each subsector in Sec.
84.54(c), or the earliest date should the specified component be used
in multiple subsectors, any specified component manufactured or
imported and intended for use in those subsectors that uses or is
intended to use any regulated substance, or blend containing any
regulated substance, regardless of global warming potential, must have
a permanent label compliant with paragraph (d) of this section
containing the information in paragraph (a)(1) of this section. For
specified components that are intended for use with a regulated
substance or blends containing a regulated substance that exceed the
applicable GWP limit or HFC restriction, the label must state ``For
servicing existing equipment only'' in addition to the other required
labeling elements.
* * * * *
[FR Doc. 2025-19438 Filed 10-2-25; 8:45 am]
BILLING CODE 6560-50-P

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