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Proposed Rule2026-10388

Phasedown of Hydrofluorocarbons: Excluding Road and Intermodal Container Transport Refrigeration Units From the Hydrofluorocarbon Leak Repair Requirements

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Published

May 26, 2026

Issuing agencies

Environmental Protection Agency

Abstract

The U.S. Environmental Protection Agency (EPA) is proposing an exemption for road and intermodal container transport refrigeration units (TRUs) from the leak repair requirements established under the American Innovation and Manufacturing (AIM) Act. In the final rule "Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020," the EPA established, among other provisions, leak repair requirements for refrigerant-containing appliances with a charge size of 15 pounds or more that contain a hydrofluorocarbon (HFC) or certain substitutes for HFCs. The EPA intended to exempt refrigerant-containing road and intermodal container TRUs from the leak repair requirements and is issuing this proposal to clarify the applicability of these requirements. The EPA is not proposing other amendments or taking comment on any other aspects of the 2024 "Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020."

Full Text

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<title>Federal Register, Volume 91 Issue 100 (Tuesday, May 26, 2026)</title>
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[Federal Register Volume 91, Number 100 (Tuesday, May 26, 2026)]
[Proposed Rules]
[Pages 30532-30538]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10388]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 84

[EPA-HQ-OAR-2026-2905; FRL-13327-01-OAR]
RIN 2060-AX04

Phasedown of Hydrofluorocarbons: Excluding Road and Intermodal
Container Transport Refrigeration Units From the Hydrofluorocarbon Leak
Repair Requirements

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is proposing an
exemption for road and intermodal container transport refrigeration
units (TRUs) from the leak repair requirements established under the
American Innovation and Manufacturing (AIM) Act. In the final rule
``Phasedown of Hydrofluorocarbons: Management of Certain
Hydrofluorocarbons and Substitutes Under the American Innovation and
Manufacturing Act of 2020,'' the EPA established, among other
provisions, leak repair requirements for refrigerant-containing
appliances with a charge size of 15 pounds or more that contain a
hydrofluorocarbon (HFC) or certain substitutes for HFCs. The EPA
intended to exempt refrigerant-containing road and intermodal container
TRUs from the leak repair requirements and is issuing this proposal to
clarify the applicability of these requirements. The EPA is not
proposing other amendments or taking comment on any other aspects of
the 2024 ``Phasedown of Hydrofluorocarbons: Management of Certain
Hydrofluorocarbons and Substitutes Under the American Innovation and
Manufacturing Act of 2020.''

DATES: Comments on this notice of proposed rulemaking must be received
on or before July 10, 2026. Public hearing: Any party requesting a
public hearing must notify the contact listed under the FOR FURTHER
INFORMATION CONTACT section, which is Annie Kee at email address:
<a href="/cdn-cgi/l/email-protection#4b202e2e652a2525222e0b2e3b2a652c243d">[email&#160;protected]</a> by 5 p.m. Eastern Daylight Time on or before June 1,
2026. If a public hearing is held, it will take place on or before June
10, 2026. 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-2026-2905, 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#6c0d410d0208411e4128030f0709182c091c0d420b031a">[email&#160;protected]</a>. Include Docket ID No. EPA-
HQ-OAR-2026-2905 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 ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document. For
information on EPA Docket Center services, please visit us online at
<a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
Docket: The EPA has established a docket for this rulemaking under
Docket ID No. EPA-HQ-OAR-2026-2905. All documents in the docket are
listed at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Although listed, some
information is not publicly available, e.g., Confidential Business
Information (CBI) or other information whose disclosure is restricted
by statute. The EPA does not place certain other material, such as
copyrighted material, on the internet; this material is publicly
available only as portable document format (PDF) versions accessible
only on EPA computers in the docket office reading room. The public
cannot download certain databases and physical items from the docket
but may request these items by contacting the docket office at (202)
566-1744. The docket office has 10 business days to respond to such
requests. With the exception of such material, publicly available
docket materials are available electronically at <a href="https://www.regulations.gov">https://www.regulations.gov</a> or on EPA computers in the docket office reading
room at the EPA Docket Center, WJC West Building, Room Number 3334,
1301 Constitution Ave. NW, Washington, DC. The Public Reading Room
hours of operation are 8:30 a.m. to 4:30 p.m. ET, Monday through
Friday. The telephone number for the Public Reading Room is (202) 566-
1744.
If a virtual public hearing is requested on or before June 1, 2026,
the EPA will post an update at <a href="https://www.epa.gov/climate-hfcs-reduction">https://www.epa.gov/climate-hfcs-reduction</a>. The EPA does not intend to publish a document in the Federal
Register announcing the public hearing or any other updates to any
aspects of the hearing. If a virtual public hearing is held, it will be
on or before June 10, 2026. Information on the virtual hearing,
including the time and how to participate, will be posted on the EPA's
Hydrofluorocarbon Phasedown website at <a href="https://www.epa.gov/climate-hfcs-reduction">https://www.epa.gov/climate-hfcs-reduction</a>. Refer to the section titled, ``Public Participation''
for additional information.

FOR FURTHER INFORMATION CONTACT: For information about this proposed
rule, contact Annie Kee, Chemicals, Coatings, and Products Division,
Office of Clean Air Programs (Mail Code 6205A), Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460;
telephone number: (202) 564-2056; email address: <a href="/cdn-cgi/l/email-protection#701b15155e111e1e1915301500115e171f06">[email&#160;protected]</a>.

[[Page 30533]]

Notices and rulemakings under the AIM Act are available on the EPA's
website at <a href="https://www.epa.gov/climate-hfcs-reduction/notices-and-rulemakings">https://www.epa.gov/climate-hfcs-reduction/notices-and-rulemakings</a>.

SUPPLEMENTARY INFORMATION:
Preamble acronyms and abbreviations. Throughout this preamble, the
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. We
use multiple acronyms and terms in this preamble. While this list may
not be exhaustive, to ease the reading of this preamble and for
reference purposes, the EPA defines the following terms and acronyms
here:

AIM Act American Innovation and Manufacturing Act
CAA Clean Air Act
CBI Confidential Business Information
EPA Environmental Protection Agency
ER&R Emissions Reduction and Reclamation
FR Federal Register
GWP Global warming potential
HFC Hydrofluorocarbon
NAICS North American Industry Classification System
OMB Office of Management and Budget
PBI Proprietary Business Information
RIA Regulatory impact analysis
TRU Transport refrigeration unit
U.S.C. United States Code

Table of Contents

I. Executive Summary
A. Purpose of the Proposed Action
B. Summary of the Major Provisions of the Proposed Action
II. Public Participation
A. Written Comments
B. Participation in Virtual Public Hearing
III. General Information
A. Does this action apply to me?
B. What action is the Agency proposing to take?
C. What is the Agency's authority for taking this action?
D. What are road and intermodal container transport
refrigeration units?
IV. What is the EPA proposing in this action?
A. What is the EPA proposing to explicitly exempt from the leak
repair requirements?
B. What are the cost and environmental impacts of this proposed
action?
V. On which topics is the EPA specifically requesting comment?
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Executive Order 14192: Unleashing Prosperity Through
Deregulation
C. Paperwork Reduction Act (PRA)
D. Regulatory Flexibility Act (RFA)
E. Unfunded Mandates Reform Act (UMRA)
F. Executive Order 13132: Federalism
G. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
H. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
J. National Technology Transfer and Advancement Act (NTTAA)

I. Executive Summary

A. Purpose of the Proposed Action

The EPA is proposing to exempt road and intermodal container TRUs
from the leak repair requirements promulgated under subsection (h) of
the AIM Act and codified at 40 CFR 84.106. In the 2024 rule,
``Phasedown of Hydrofluorocarbons: Management of Certain
Hydrofluorocarbons and Substitutes Under the American Innovation and
Manufacturing Act of 2020,'' (hereafter referred to as the 2024
Emissions Reduction and Reclamation (ER&R) rule), among other
provisions, the EPA established leak repair requirements.\1\ Under
these requirements, as of January 1, 2026, owners or operators must
comply with leak repair requirements for refrigerant-containing
appliances with a full charge size of 15 pounds or more that contain an
HFC or certain HFC substitutes, with certain limited exceptions as
specified in the regulations.\2\ The EPA did not intend to subject
refrigerant-containing road and intermodal container TRUs to the leak
repair requirements. In this action, the EPA is clarifying the
applicability of these requirements and is proposing to exempt
refrigerant-containing road and intermodal container TRUs from the ER&R
leak repair requirements.
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\1\ 89 FR 82682 (October 10, 2024).
\2\ Pursuant to 40 CFR 84.106(a)(2), the leak repair
requirements only apply where the refrigerant in the appliance
contains an HFC and/or a substitute for an HFC with a global warming
potential (GWP) greater than 53, based on the GWPs listed in table 1
of 40 CFR 84.64(b).
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B. Summary of the Major Provisions of the Proposed Action

This action proposes to exempt road and intermodal container TRUs
from the leak repair requirements in 40 CFR 84.106, which became
effective as of January 1, 2026, for refrigerant-containing appliances
with a charge size of 15 pounds or more that contain an HFC or certain
HFC substitutes. Under this proposal, all road and intermodal container
TRUs would be exempt from the leak repair requirements, regardless of
their charge size. The proposed exemption, if finalized, would appear
as an amendment to subpart C of 40 Code of Federal Regulations (CFR)
part 84, by adding paragraph (iii) to 84.106(a)(3), ``Leak repair,'' to
include ``Road and intermodal container transport refrigeration units''
as exempt from the leak repair requirements. The EPA is not proposing
other amendments or seeking comment on any other aspects of the 2024
ER&R rule. The specific proposed regulatory amendment to the leak
repair provisions appears at the end of this document as proposed
regulatory text.

II. Public Participation

A. Written Comments

Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2026-
2905, 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 in the public docket. Do not submit to the
EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a> any information you
consider to be CBI, Proprietary Business Information (PBI), or other
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-docket">https://www.epa.gov/dockets/commenting-epa-docket</a>s for additional submission methods; the full EPA public comment
policy; information about CBI, PBI, or multimedia submissions; and
general guidance on making effective comments.
The EPA recognizes that given the nature of this proposed
rulemaking, potentially affected entities may wish to submit CBI. CBI
should not be submitted through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For
submission of confidential comments or data, please work with the
person listed in the FOR FURTHER INFORMATION CONTACT section if
submitting a comment containing CBI.

B. Participation in Virtual Public Hearing

The EPA may hold a virtual public hearing if the Agency receives a
request to hold one. Any party requesting a public hearing must notify
the contact listed in the FOR FURTHER INFORMATION CONTACT section,
which is Annie Kee at email address: <a href="/cdn-cgi/l/email-protection#620907074c030c0c0b07220712034c050d14">[email&#160;protected]</a> by 5 p.m.
Eastern Daylight Time on or before June 1, 2026. If a virtual public
hearing

[[Page 30534]]

is held, it will take place on or before June 10, 2026 and further
information will be provided on the EPA's Hydrofluorocarbon Phasedown
website at <a href="https://www.epa.gov/climate-hfcs-reduction">https://www.epa.gov/climate-hfcs-reduction</a>.
The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearings to run either ahead of schedule or behind schedule. The EPA
anticipates each commenter will have three to five minutes to provide
oral testimony. The EPA encourages commenters to provide a copy of
their oral testimony electronically by emailing it to
<a href="/cdn-cgi/l/email-protection#462d2323682728282f230623362768212930">[email&#160;protected]</a>. The EPA also recommends submitting the text of your
oral comments as written comments to the rulemaking docket EPA-HQ-OAR-
2026-2905. Written statements and supporting information submitted
during the comment period will be considered with the same weight as
oral comments and supporting information presented at the public
hearing. The EPA may ask clarifying questions during the oral
presentations but will not respond to the presentations at that time.
Please note that any updates related to a potential hearing will be
posted online at <a href="https://www.epa.gov/climate-hfcs-reduction">https://www.epa.gov/climate-hfcs-reduction</a>. Please
monitor our website or contact Annie Kee, 202-564-2056,
<a href="/cdn-cgi/l/email-protection#670c0202490609090e022702170649000811">[email&#160;protected]</a> to determine if a hearing will be held or for any
other updates related to any aspects of such hearing. The EPA does not
intend to publish a document in the Federal Register announcing the
hearing or any related updates.

III. General Information

A. Does this action apply to me?

This action proposes to amend existing regulations. You may be
affected by this proposed action if you own, operate, service, or
repair road and intermodal container TRUs containing HFCs or their
substitutes. The following list identifies regulated entities that may
be affected by this rulemaking and their respective North American
Industry Classification System (NAICS) code, are:

<bullet> Medical, Dental, and Hospital Equipment and Supplies Merchant
Wholesalers (423450).
<bullet> Drugs and Druggists' Sundries Merchant Wholesalers (424210).
<bullet> General Line Grocery Merchant Wholesalers (424410).
<bullet> Packaged Frozen Food Merchant Wholesalers (424420).
<bullet> Wine and Distilled Alcoholic Beverage Merchant Wholesalers
(424820).
<bullet> Flower, Nursery Stock, and Florists' Supplies Merchant
Wholesalers (424930).
<bullet> Supermarkets and Other Grocery (except Convenience) Stores
(445110).
<bullet> Convenience Retailers (445131).
<bullet> Warehouse Clubs and Supercenters (452311).
<bullet> Specialized Freight (except Used Goods) Trucking, Local
(484220).
<bullet> Specialized Freight (except Used Goods) Trucking, Long-
Distance (484230).
<bullet> Freight Transportation Arrangement (488510).

This list is not intended to be exhaustive but rather to provide a
guide for readers regarding entities likely affected by this action.
Other types of entities than those listed could also be affected by
this action. If you have questions regarding the applicability of this
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?

The EPA is proposing an exemption for road and intermodal container
TRUs from the leak repair requirements in 40 CFR 84.106. The Agency
established the leak repair requirements under subsection (h) of the
AIM Act in the 2024 ER&R rule. Among other provisions in the 2024 ER&R
rule, as of January 1, 2026, owners or operators must comply with leak
repair requirements for refrigerant-containing appliances with a full
charge size of 15 pounds or more that contain an HFC or certain HFC
substitutes, with certain limited exceptions as specified in the
regulations. These requirements include leak rate calculation,
appliance repair, and leak inspections, among other provisions. In
addition, there are applicable recordkeeping and reporting requirements
for owners or operators.
In the 2024 ER&R rule, the EPA did not intend for the leak repair
requirements to apply to owners or operators of road and intermodal
container TRUs, given the Agency understood these appliances are
typically designed for a charge size of 15 pounds or less of
refrigerant. To avoid any potential confusion regarding the
applicability of these requirements, the EPA is proposing to explicitly
exempt road and intermodal container TRUs from the leak repair
requirements in 40 CFR 84.106. In the Regulatory Impact Analysis (RIA)
Addendum supporting the 2024 ER&R rule \3\ (hereafter referred to as
the 2024 RIA addendum), the EPA clearly demonstrated its understanding
that road and intermodal container TRUs have a charge size of 15 pounds
or less and therefore were not intended to be subject to the leak
repair requirements.\4\ Consistent with that understanding, the EPA did
not assess the relevant costs and benefits of the final leak repair
requirements in the 2024 ER&R rule on road and intermodal container
TRUs. This proposed rule is narrow in scope and is expected to
primarily affect owners or operators of road and intermodal container
TRUs. The EPA is not proposing other amendments or requesting comment
on any other aspects of the 2024 ER&R rule.
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\3\ ``Regulatory Impact Analysis Addendum: Analysis of the
Economic Impact and Benefits of the Final Rule: Management of
Certain Hydrofluorocarbons and Substitutes Under Subsection (h) of
the American Innovation and Manufacturing Act of 2020,'' is
available in the docket for this rule (EPA-HQ-OAR-2026-2905).
\4\ In the 2024 RIA addendum, the EPA noted on table 3-10:
``Road Transport and Intermodal Containers average charge sizes are
less than 10 pounds but shown as rounded values. Therefore, these
appliance types (even under the ``High'' distributed charge size
group) . . . are not affected by the leak repair . . . provisions.''
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C. What is the Agency's authority for taking this action?

On December 27, 2020, the AIM Act was enacted as section 103 in
Division S, Innovation for the Environment, of the Consolidated
Appropriations Act, 2021 (42 U.S.C. 7675). In subsection (k)(1)(A), the
AIM Act provides the EPA with the authority to promulgate necessary
regulations to carry out the EPA's 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) of the Act also provides
that Clean Air Act (CAA) sections 113, 114, 304, and 307 apply to the
AIM Act and any regulations the EPA promulgates under the AIM Act as
though the AIM Act were part of Title VI of the CAA (42 U.S.C.
7675(k)(1)(C)). Accordingly, the promulgation of these regulations
under the AIM Act is subject to CAA section 307(d) (see 42 U.S.C.
7607(d)(1)(I)) (CAA section 307(d) applies to ``promulgation or
revision of regulations under subchapter VI of this chapter (relating
to stratosphere and ozone protection)'').
The AIM Act authorizes the EPA to regulate 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 concerns a requirement under the

[[Page 30535]]

second area--establishing certain regulations for HFCs and their
substitutes for the purposes of maximizing reclaiming and minimizing
releases of HFCs from equipment and ensuring the safety of technicians
and consumers. Subsection (h) of the AIM Act is titled ``Management of
Regulated Substances.'' For purposes of maximizing reclaiming and
minimizing releases of HFCs from equipment and ensuring the safety of
technicians and consumers, subsection (h)(1) directs the EPA to
promulgate regulations to control, where appropriate, any practice,
process, or activity regarding the servicing, repair, disposal, or
installation of equipment that involves a regulated substance, a
substitute for a regulated substance, the reclaiming of a regulated
substance used as a refrigerant, or the reclaiming of a substitute for
a regulated substance used as a refrigerant.\5\ The phrase ``where
appropriate'' in subsection (h)(1) provides the EPA discretion to
reasonably determine how the regulations under subsection (h)(1) will
apply because ``where appropriate'' clearly leaves the EPA flexibility
to determine how to regulate in the context of subsection (h). For
additional discussion of the EPA's authorities under subsection (h) of
the AIM Act, please refer to the 2024 ER&R rule.\6\
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\5\ 42 U.S.C. 7675(h)(1).
\6\ 89 FR 82682 (October 11, 2024).
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D. What are road and intermodal container transport refrigeration
units?

The refrigerated transport subsector primarily moves perishable
goods (e.g., food, flowers) and pharmaceuticals at temperatures between
-22 [deg]F (-30 [deg]C) and 61 [deg]F (16 [deg]C) by various modes of
transportation, including aircraft, roads and railways, vessels, and
intermodal containers. A TRU is a type of integrated refrigeration
appliance installed on a vehicle or intermodal container to regulate
the temperature of the cargo. This proposed action focuses solely on
certain TRUs, specifically road and intermodal container TRUs. Rail
TRUs are a separate type of appliance from road and intermodal
container TRUs and are not covered by this proposed action.
Road TRUs are refrigerant-containing appliances most often used on
vans, trucks, and semi-trailers and cool cargo at a particular
temperature or at different temperatures simultaneously (e.g., to
transport both fresh and frozen foods). These TRUs are installed on
vehicles that operate on roads. Road TRUs often have an integrated
power source; however, some smaller units are connected to and powered
by the vehicle's main engine. Intermodal container TRUs, which are
refrigerated shipping containers, allow uninterrupted storage while
being transported on rail, trucks, and vessels. An intermodal container
TRU is a refrigerant-containing appliance installed on the exterior of
the container or integrated within the container. While some intermodal
container TRUs do have an integrated power source, the Agency
understands that some intermodal container TRUs may not have an
integrated power source. This description of road and intermodal
container TRUs is consistent with the EPA's characterization of the
subsector in the 2023 final Technology Transitions rule (``Phasedown of
Hydrofluorocarbons: Restrictions on the Use of Certain
Hydrofluorocarbons Under the American Innovation and Manufacturing Act
of 2020'' \7\). The typical charge size for road and intermodal
container TRUs can range from 5 to 15 pounds. Recent information from
industry indicates that in some instances, the charge size is greater
than 15 pounds but is generally 18 pounds or less.\8\ Thus, to avoid
any potential confusion regarding the applicability of the leak repair
requirements, the EPA is proposing to explicitly exempt road and
intermodal container TRUs from the leak repair requirements in 40 CFR
84.106. Under this proposed action, all road and intermodal container
TRUs would be exempt from the leak repair requirements, regardless of
the charge size.
---------------------------------------------------------------------------

\7\ 88 FR 73098 (October 24, 2023).
\8\ ``Carrier Corporation Briefing on HFC Management Rule
Applicability to Road and Intermodal Transport Refrigeration
Units,'' is available in the docket for this rule (EPA-HQ-OAR-2026-
2905).
---------------------------------------------------------------------------

IV. What is the EPA proposing in this action?

A. What is the EPA proposing to explicitly exempt from the leak repair
requirements?

The EPA is proposing an exemption for road and intermodal container
TRUs from the leak repair requirements in 40 CFR 84.106. The 2024 ER&R
rule implemented regulatory requirements to minimize the release of
HFCs and their substitutes from equipment (e.g., air conditioning and
refrigeration appliances) and to maximize the amount of HFCs reclaimed.
Among other provisions, the EPA established regulatory requirements for
leak repair for certain refrigerant-containing appliances containing
HFCs and certain HFC substitutes.\9\ Specifically, in 40 CFR 84.106, as
of January 1, 2026, owners or operators must comply with leak repair
requirements for refrigerant-containing appliances with a full charge
size of 15 pounds or more of refrigerant, with certain limited
exceptions as specified in the regulations. The leak repair
requirements include leak rate calculation, appliance repair, leak
inspections, among other provisions. In addition, there are applicable
recordkeeping and reporting requirements for owners or operators
subject to the leak repair provisions.
---------------------------------------------------------------------------

\9\ 89 FR 82682 (October 11, 2024).
---------------------------------------------------------------------------

In the 2024 ER&R rule, the EPA codified certain limited exemptions
from the leak repair requirements. For example, the EPA exempted
refrigerant-containing appliances used for the residential and light
commercial air conditioning and heat pump subsector from the leak
repair provisions in 40 CFR 84.106.\10\ The residential and light
commercial air conditioning and heat pump subsector is categorized by
refrigerant-containing appliances that are used to cool individual
rooms, single-family homes, and small commercial buildings. As stated
in the preamble to the 2024 ER&R rule, while the majority of
refrigerant-containing appliances in this subsector are below the 15-
pound charge size threshold for the leak repair requirements, a portion
of the refrigerant-containing appliances in this subsector may have
charge sizes above 15 pounds.\11\ In finalizing the leak repair
requirements in 2024 ER&R rule, the EPA determined that it was
appropriate to explicitly exempt refrigerant-containing appliances in
that subsector from the leak repair requirements. To codify the
exemption, under the ``Applicability'' section of the leak repair
requirements, in 40 CFR 84.106(a)(3)(ii), the EPA listed,
``Refrigerant-containing appliances used for the residential and light
commercial air conditioning and heat pump subsector'' as not being
covered.
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\10\ Pursuant to 40 CFR 84.106(a)(3)(i), appliances (as defined
in 40 CFR 82.152) containing solely an ozone-depleting depleting
substance as listed in 40 CFR part 82, subpart A as a refrigerant
are also exempt from the leak repair requirements.
\11\ 89 FR 82719 (October 11, 2024).
---------------------------------------------------------------------------

The EPA is using a similar approach for the proposed exemption for
road and intermodal container TRUs. In particular, under this proposal,
the EPA would explicitly exempt road and intermodal container TRUs from
the leak repair requirements. Accordingly, under the ``Applicability''
section of the leak repair requirements, the EPA would list ``Road and
intermodal container transport refrigeration units''

[[Page 30536]]

as being exempt, as a means of exempting refrigerant-containing
appliances used for road and intermodal container transport
refrigeration units from the leak repair requirements. The regulatory
text, if finalized, would appear in 40 CFR 84.106(a)(3)(iii).
The EPA is proposing this amendment because in finalizing the leak
repair requirements in the 2024 ER&R rule, the EPA did not intend for
road and intermodal container TRUs to be subject to the provisions as
the Agency understood the average charge size for these appliances was
well under 15 pounds. The EPA clearly demonstrated that understanding
in the 2024 RIA addendum and the preamble discussions to the proposed
and final ER&R rules. In the 2024 RIA addendum, while the EPA did
evaluate the costs and benefits of rail TRUs complying with the leak
repair requirements, the Agency did not do the same for road and
intermodal container TRUs. Where the EPA discussed affected appliances
in both the preambles to the proposed and final 2024 ER&R rules, the
Agency explicitly indicated certain TRUs (e.g., rail) could and would
be covered by the leak repair requirements given their expected charge
size and without discussing road or intermodal container TRUs as
subject.
Stakeholder inquiries earlier this year indicated that there are
road and intermodal container TRUs designed for charge sizes over 15
pounds. When notified about these particular TRUs, the Agency initially
responded by providing information on the EPA's website that noted as
with any appliance, including road and intermodal container TRUs, there
may be situations where the appliance is charged, initially or during a
servicing event, to a level that is less than or greater than the
intended charge size. In addition, the EPA noted for the purposes of 40
CFR 84.106, consistent with the EPA's 2024 RIA addendum, the Agency
generally presumes road and intermodal container TRUs have a charge
size of 15 pounds or less and intends to implement this provision
consistent with this presumption.\12\ However, given the EPA's better
understanding based on recent information \13\ that road and intermodal
container TRUs are routinely designed for and/or charged with more than
15 pounds, the Agency is now considering whether amending the
regulations to provide an explicit exemption, along the lines of the
exemption for residential and light commercial air conditioning, would
be appropriate. In addition, the EPA received a petition for
reconsideration from Carrier dated April 21, 2026, which the EPA is
reviewing, to revise 40 CFR 84.106 to exempt road and intermodal
TRUs.\14\ In this action, while the Agency is not proposing to exempt
TRUs installed on railcars, we are requesting comment on whether this
type of appliance should also be exempt from the leak repair
requirements.
---------------------------------------------------------------------------

\12\ EPA's Frequent Questions on the Phasedown of
Hydrofluorocarbons. Available at <a href="https://www.epa.gov/climate-hfcs-reduction/frequent-questions-phasedown-hydrofluorocarbons#Leak-repair-and-ALD">https://www.epa.gov/climate-hfcs-reduction/frequent-questions-phasedown-hydrofluorocarbons#Leak-repair-and-ALD</a>.
\13\ ``Carrier Corporation Briefing on HFC Management Rule
Applicability to Road and Intermodal Transport Refrigeration
Units,'' is available in the docket for this rule (EPA-HQ-OAR-2026-
2905).
\14\ ``Petition to Revise the Phasedown of Hydrofluorocarbons:
Management of Certain Hydrofluorocarbons and Substitutes Under the
American Innovation and Manufacturing Act of 2020 Rule, 89 FR 82,682
(Oct. 11, 2024), codified at 40 CFR part 84, subpart C,'' is
available in the docket for this proposed rule (EPA-HQ-OAR-2026-
2905).
---------------------------------------------------------------------------

Under this proposal, all road and intermodal container TRUs,
regardless of their charge size, would be exempt from the leak repair
requirements in 40 CFR 84.106. The EPA is not proposing amendments or
taking comment on any other aspects of the 2024 ER&R rule.

B. What are the cost and environmental impacts of this proposed action?

The EPA is including this section on costs and environmental
impacts to provide general information about the proposed action.
Estimates are considered preliminary, and the Agency is seeking more
detailed information on specific costs likely to be avoided through
this proposed action. If finalized, the proposed exemption for road and
intermodal container TRUs is expected to significantly reduce potential
regulatory burden for certain TRU owners and operators, for discrete
types of refrigerant-containing appliances (i.e., road and intermodal
container TRUs with more than 15 pounds of refrigerant). The 2024 RIA
addendum developed for the 2024 ER&R rule already assumed that road and
intermodal container TRUs are not subject to leak repair requirements.
However, if the Agency implemented leak repair requirements to apply to
road and intermodal container TRUs, then potentially burdensome costs
could have resulted.
Within Carrier's petition for rulemaking, Carrier estimates that
the potential savings from this action would be $333 million per year,
based on monitoring and recordkeeping costs, leak detection and repair
(LDAR) inspections, and equipment downtime.\15\ The EPA has not fully
evaluated the estimated costs provided by Carrier. The EPA's
preliminary quantified cost savings from this proposed action is
approximately $90 million per year, based on several key assumptions.
The EPA assumes there are 360,000 road and intermodal container TRUs
with a refrigerant charge size of 15 pounds or more and all of these
TRUs would experience an annual compliance cost of $250. The annual
costs are based on the estimated annual leak inspection costs included
in the 2024 RIA addendum and are based on a loaded labor rate of $58/
hour and 4 hours of time, converted to 2024 dollars. This estimate is
preliminary, but provides a rough estimate of potential savings for
stakeholders to comment on. The EPA recognizes that this estimate does
not explicitly include all potential costs (e.g., recordkeeping and
reporting costs), but expects this omission is offset by the assumption
that all TRUs will exceed the 10% leak rate threshold and trigger the
leak inspection requirements. More discussion of these assumptions is
provided below.
---------------------------------------------------------------------------

\15\ See page 3 of ``Petition to Revise the Phasedown of
Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and
Substitutes Under the American Innovation and Manufacturing Act of
2020 Rule, 89 FR 82,682 (Oct. 11, 2024), codified at 40 CFR part 84,
subpart C,'' available in the docket for this rule (EPA-HQ-OAR-2026-
2905).
---------------------------------------------------------------------------

The EPA estimates total present value cost savings of approximately
$1 billion (using a 3 percent discount rate) or $900 million (using a 7
percent discount rate). These estimates are based the EPA's preliminary
cost savings estimate of approximately $90 million per year extended
over a 15-year analysis period of 2026 to 2040, expressed in 2024
dollars, discounted to 2026.\16\ Over a 25-year period through 2050,
the EPA estimates total present value cost savings of approximately
$1.5 billion (using a 3 percent discount rate) or $1 billion (using a 7
percent discount rate). Estimates of total present value are based on
an assumption that both technology and policy impacts are static and do
not change over time.
---------------------------------------------------------------------------

\16\ The 2024 RIA addendum expressed costs using 2022 constant
dollars. For the preliminary estimate, costs have been converted to
2024 constant dollars using a GDP chain-type price index retrieved
from <a href="https://fred.stlouisfed.org/series/A191RG3A086NBEA">https://fred.stlouisfed.org/series/A191RG3A086NBEA</a>.
---------------------------------------------------------------------------

The EPA's Vintaging Model \17\ estimates a current stock of
approximately 1.2 million appliances in the road transport and
intermodal container subsectors, which contain

[[Page 30537]]

road and intermodal container TRUs, among other appliances. In the
context of the 2024 RIA addendum, the EPA incorrectly assumed that road
and intermodal container TRUs have an average charge size of 10 pounds
and that all these units have a charge size of 15 pounds or less. This
implied a total installed charge of approximately 5,000 metric tons.
Recently, stakeholders have provided information indicating that
approximately 70% of road and intermodal container TRUs contain more
than 15 pounds of refrigerant, or 360,000 units that are in operation
in the range of 15 to 18 pounds of charge size.\18\ Assuming an average
of 17 pounds, this quantity of units would represent a total installed
charge of approximately 3,000 metric tons that exceed 15 pounds of
charge per unit. In comparison, the total installed charge of all
appliances over 15 pounds covered by the leak repair requirements in
the 2024 RIA addendum was approximately 312,000 metric tons. While road
and intermodal container TRUs are relatively small in terms of total
charge size, they are relatively numerous in terms of the number of
units.
---------------------------------------------------------------------------

\17\ U.S. EPA. 2018. EPA's Vintaging Model of ODS Substitutes.
EPA Report EPA-400-F-18-001. Available at: <a href="https://www.epa.gov/sites/default/files/2018-09/documents/epas-vintaging-model-of-ods-substitutes-peer-review-factsheet.pdf">https://www.epa.gov/sites/default/files/2018-09/documents/epas-vintaging-model-of-ods-substitutes-peer-review-factsheet.pdf</a>.
\18\ See page 1 of ``Petition to Revise the Phasedown of
Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and
Substitutes Under the American Innovation and Manufacturing Act of
2020 Rule, 89 FR 82,682 (Oct. 11, 2024), codified at 40 CFR part 84,
subpart C,'' available in the docket for this rule (EPA-HQ-OAR-2026-
2905).
---------------------------------------------------------------------------

Under the 2024 ER&R rule leak repair requirements, owners or
operators of subject refrigerant-containing appliances are required to
calculate leak rates whenever refrigerant is added to appliances, with
certain limited exceptions. Owners or operators are required to
identify and repair leaks when the leak rate exceeds the applicable
leak rate threshold for the appliance, among other provisions. If road
and intermodal container TRUs were subject to the leak repair
requirements, costs per leak event above the 10% threshold could have
ranged from several hundred dollars up to one thousand dollars or more
per unit. As detailed in appendix E of the 2024 RIA addendum, the EPA
assumed that a leak inspection would require on average 4 hours per
appliance per inspection for commercial refrigeration appliances and
used a loaded labor rate of $58 per hour. Thus, a single inspection per
year would cost approximately $230, expressed in 2022 dollars, or
approximately $250 when converted to 2024 dollars. This estimate does
not include costs for repair, leak calculations, or recordkeeping and
reporting. One stakeholder provided their own cost estimates which
totaled $333 million, or approximately $1,000 per unit per year.\19\
That estimate assumed higher labor rates, refrigerant monitoring twice
per year, leak inspection and repair, and appliance downtime during
repairs. The EPA estimates cost savings of this rule of $90 million per
year, reflecting 360,000 appliances with per-unit annual costs of $250.
Incorporating higher labor costs or additional cost categories would
increase the estimate of cost savings. Costs could also be lower for
appliances that do not exceed the 10% leak rate threshold.
---------------------------------------------------------------------------

\19\ Ibid.
---------------------------------------------------------------------------

Estimating costs of leak inspection and repair requirements are
complicated by the fact that the appliances will have a distribution of
charge sizes and leak rates, and owners or operators would perform
cost-effective maintenance and repair on their appliance regardless of
regulatory requirements. The 2024 RIA addendum accounted for these
issues using distributions along both the charge size and leak
dimensions. With regard to costs, the 2024 RIA addendum calculated
effective cost of performing repairs six or 10 weeks sooner than
otherwise, as opposed to assuming that repairs would not otherwise have
been performed. In addition, the 2024 RIA addendum did not assume that
requirements brought leak rates to zero, but that leak rates would be
reduced. The EPA expects that if the same analysis methodologies are
applied to road and intermodal container TRUs that preliminary
estimates could be refined. The EPA has not assessed market impacts of
this proposal outside of the preliminary engineering cost estimates
described above.

V. On which topics is the EPA specifically requesting comment?

The EPA is requesting comment on the proposed exemption for road
and intermodal container TRUs from the leak repair requirements in 40
CFR 84.106. Specifically, under this proposed action, all road and
intermodal container TRUs would be exempt from the leak repair
requirements, regardless of the charge size. The EPA also requests
comment on the cost savings and environmental impacts from this action.
In addition, we are requesting information on typical equipment leak
rates and the range of typical equipment charge sizes for road and
intermodal container TRUs. The EPA is also requesting comment on the
typical number of repairs that may occur over the course of equipment
lifetime that require refrigerant to be added and the costs associated
with repairing and recharging TRUs.
Additionally, the EPA is requesting comment on whether rail TRUs
(e.g., TRUs used exclusively on rail cars) should also be explicitly
exempted from the leak repair requirements. The EPA requests
information on the average charge size of rail TRUs and number of rail
TRU appliances in the United States.

VI. Statutory and Executive Orders 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 not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.

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
clarifying that the leak repair provisions under the 2024 ER&R rule do
not apply to road and intermodal container TRUs that contain an HFC or
certain HFCs substitutes. This action does not impose additional
regulations.

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, the EPA concludes that the impact of concern
for this rule is any significant adverse economic impact on small
entities and that the agency is certifying that this rule will not have
a significant economic impact on a substantial number of small entities
because the rule relieves regulatory burden on the small entities
subject to the rule. The change proposed in this rulemaking is
deregulatory in nature and clarifies that the EPA's original intent was
to exempt road and intermodal container TRUs from the 2024 ER&R rule
leak repair provisions. This proposed action does not change any other
regulatory requirements under

[[Page 30538]]

that rulemaking. We have therefore concluded that this action will
relieve regulatory burden for all directly regulated small entities.

E. Unfunded Mandates Reform Act (UMRA)

This action does not contain an 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. The proposed action does not result in any
changes to the requirements in 40 CFR part 84 other than clarifying
that road and intermodal container TRUs are exempt from the leak repair
provisions in 40 CFR 84.106. Thus, Executive Order 13175 does not apply
to this action.

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

The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order. 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 subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.

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,
Reclaiming, Recycling, Reporting and recordkeeping requirements.

Lee Zeldin,
Administrator.
For the reasons set forth 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 C--Management of Regulated Substances

0
2. Amend Sec. 84.106 by adding paragraph (a)(3)(iii) to read as
follows:

Sec. 84.106 Leak repair.

(a) * * *
(3) * * *
(iii) Road and intermodal container transport refrigeration units.
* * * * *
[FR Doc. 2026-10388 Filed 5-22-26; 8:45 am]
BILLING CODE 6560-50-P

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