Section 84.106 - [Effective 12/10/2024] Leak repair(a)Applicability. This section applies to refrigerant-containing appliances with a full charge of 15 or more pounds of refrigerant where the refrigerant contains:(1) A regulated substance,(2) A substitute for a regulated substance that has a global warming potential greater than 53, based on the global warming potentials listed in table 1 of § 84.64(b) .(3) Notwithstanding the criteria in paragraphs (a)(1) and (2) of this section, the requirements of this section do not apply to:(i) Appliances (as defined in 40 CFR 82.152 ) containing solely an ozone-depleting substance as listed in 40 CFR part 82, subpart A as a refrigerant;(ii) Refrigerant-containing appliances used for the residential and light commercial air conditioning and heat pump subsector.(4) The requirements of this section apply as of January 1, 2026.(b)Leak rate calculation. Persons adding or removing refrigerant from a refrigerant-containing appliance must, upon conclusion of that installation, service, repair, or disposal, provide the owner or operator with documentation that meets the applicable requirements of paragraph (l)(2) of this section. The owner or operator must calculate the leak rate every time refrigerant is added to an appliance unless the addition is made immediately following a retrofit, installation of a new refrigerant-containing appliance, or qualifies as a seasonal variance. (1) Where an owner or operator is using the annualizing method to calculate a leak rate for a refrigerant-containing appliance for the first time after January 1, 2026, the calculation should substitute 365 days as the number of days since last refrigerant addition.(2) Where an owner or operator is using the rolling average method to calculate a leak rate for a refrigerant-containing appliance for the first time after January 1, 2026, the calculation should substitute pounds of refrigerant added since January 1, 2026.(3) An owner or operator may switch to a different leak rate calculation methodology only if the following requirements are met:(i) The owner or operator has purchased or otherwise acquired an operating facility with one or more refrigerant-containing appliance(s) which was previously using a different leak rate calculation methodology than the methodology being used at other facilities owned or operated by the owner or operator;(ii) The owner or operator has determined the refrigerant-containing appliance(s) at any operating facility for which the leak rate calculation methodology would change are not exceeding the applicable leak rate in paragraph (c)(2) of this section under either of the leak rate calculation methodologies ; and(iii) The owner or operator must retain a record of this change as described in paragraph (l)(3) of this section.(c)Requirement to address leaks through repair, or retrofitting or retiring a refrigerant-containing appliance.(1) Owners or operators must repair leaks in refrigerant-containing appliances with a leak rate over the applicable leak rate in this paragraph in accordance with paragraphs (d) through (f) of this section unless the owner or operator elects to retrofit or retire the refrigerant-containing appliance in compliance with paragraphs (h) and (i) of this section. If the owner or operator elects to repair leaks but fails to bring the leak rate below the applicable leak rate, the owner or operator must create and implement a retrofit or retirement plan in accordance with paragraphs (h) and (i) of this section. Repairs must be conducted by a certified technician, as defined in this subpart.(2) Leak rates: (i) 20 percent leak rate for commercial refrigeration appliances;(ii) 30 percent leak rate for industrial process refrigeration appliances; and(iii) 10 percent leak rate for comfort cooling appliances, refrigerated transport appliances, or other refrigerant-containing appliances with a full charge of 15 or more pounds of refrigerant not covered by paragraph (c)(2)(i) or (ii) of this section.(d)Appliance repair. Owners or operators must identify and repair leaks in accordance with this paragraph within 30 days (or 120 days if an industrial process shutdown is required) of when refrigerant is added to a refrigerant-containing appliance exceeding the applicable leak rate in paragraph (c) of this section.(1) A certified technician must conduct a leak inspection, as described in paragraph (g) of this section, to identify the location of leaks.(2) Leaks must be repaired such that the leak rate of the refrigerant-containing appliance is brought below the applicable leak rate. This must be confirmed by the leak rate calculation performed upon the next refrigerant addition. Leak repairs will be presumed to be successful if, over the 12-month period after the date of a successful follow-up verification test, there is no further refrigerant addition or if the leak inspections required under paragraph (g) and/or automatic leak detection systems required by § 84.108 do not find any leaks in the appliance. Repairs of leaks must be documented by both an initial and a follow-up verification test or tests.(3) The time frames in paragraphs (d) through (f) of this section are temporarily suspended when an appliance is mothballed. The time will resume on the day additional refrigerant is added to the refrigerant-containing appliance (or component of a refrigerant-containing appliance if the leaking component was isolated).(e)Verification tests. The owner or operator must conduct both initial and follow-up verification tests on each leak that was repaired under paragraph (d) of this section.(1)Initial verification test. Unless granted additional time, an initial verification test must be performed within 30 days (or 120 days if an industrial process shutdown is required) of a refrigerant-containing appliance exceeding the applicable leak rate in paragraph (c) of this section. An initial verification test must demonstrate that for leaks where repair attempts were made, the adjustments or alterations to the refrigerant-containing appliance have held.(i) For repairs that can be completed without the need to open or evacuate the refrigerant-containing appliance, the test must be performed after the conclusion of the repairs and before any additional refrigerant is added to the refrigerant-containing appliance.(ii) For repairs that require the evacuation of the refrigerant-containing appliance or portion of the refrigerant-containing appliance, the test must be performed before adding any refrigerant to the refrigerant-containing appliance.(iii) If the initial verification test indicates that the repairs have not been successful, the owner or operator may conduct as many additional repairs and initial verification tests as needed within the applicable time period.(2)Follow-up verification test. A follow-up verification test must be performed within 10 days of the successful initial verification test or 10 days of the refrigerant-containing appliance reaching normal operating characteristics and conditions (if the refrigerant-containing appliance or isolated component was evacuated for the repair(s)). Where it is unsafe to be present or otherwise impossible to conduct a follow-up verification test when the system is operating at normal operating characteristics and conditions, the verification test must, where practicable, be conducted prior to the system returning to normal operating characteristics and conditions. (i) A follow-up verification test must demonstrate that leaks where repair attempts were made are repaired. If the follow-up verification test indicates that the repairs have not been successful, the owner or operator may conduct as many additional repairs and verification tests as needed to bring the refrigerant-containing appliance below the leak rate within the applicable time period and to verify the repairs.(f)Extensions to the appliance repair deadlines. Owners or operators are permitted more than 30 days (or 120 days if an industrial process shutdown is required) to comply with paragraphs (d) and (e) of this section if they meet the requirements of paragraphs (f)(1) through (4) of this section or the refrigerant-containing appliance is mothballed. Extension requests must be signed by an authorized company official. The request will be considered approved unless EPA notifies the owners or operators otherwise. (1) One or more of the following conditions must apply:(i) The refrigerant-containing appliance is located in an area subject to radiological contamination or shutting down the refrigerant-containing appliance will directly lead to radiological contamination. Additional time is permitted to the extent needed to conduct and finish repairs in a safe working environment.(ii) Requirements of other applicable Federal, State, local, or Tribal regulations make repairs within 30 days (or 120 days if an industrial process shutdown is required) impossible. Additional time is permitted to the extent needed to comply with the pertinent regulations.(iii) Components that must be replaced are not available within 30 days (or 120 days if an industrial process shutdown is required). Additional time is permitted up to 30 days after receiving delivery of the necessary components, not to exceed 180 days (or 270 days if an industrial process shutdown is required) from the date the refrigerant-containing appliance exceeded the applicable leak rate.(2) Repairs to leaks that the technician has identified as significantly contributing to the exceedance of the leak rate and that do not require additional time must be completed and verified within the initial 30-day repair period (or 120-day repair period if an industrial process shutdown is required);(3) The owner or operator must document all repair efforts and the reason for the inability to make all necessary repairs within the initial 30-day repair period (or 120-day repair period if an industrial process shutdown is required); and(4) The owner or operator must request an extension from EPA electronically, using the Agency's applicable reporting platform, within 30 days (or 120 days if an industrial process shutdown is required) of the refrigerant-containing appliance exceeding the applicable leak rate in paragraph (c) of this section. Extension requests must include: Identification and address of the facility; the name of the owner or operator of the refrigerant-containing appliance; the leak rate; the method used to determine the leak rate and full charge; the date the refrigerant-containing appliance exceeded the applicable leak rate; the location of leak(s) to the extent determined to date; any repairs that have been performed thus far, including the date that repairs were completed; the reasons why more than 30 days (or 120 days if an industrial process shutdown is required) are needed to complete the repairs; an estimate of when the repairs will be completed; and a signature from an authorized company official. If the estimated completion date is to be extended, a new estimated date of completion and documentation of the reason for that change must be submitted to EPA within 30 days of identifying that the completion date must be extended. The owner or operator must keep a dated copy of these submissions.(g)Leak inspections.(1) The owner or operator must conduct a leak inspection in accordance with the following schedule on any refrigerant-containing appliance exceeding the applicable leak rate in paragraph (c)(2) of this section.(i) For commercial refrigeration and industrial process refrigeration appliances with a full charge of 500 or more pounds, leak inspections must be conducted once every three months after the date of a successful follow-up verification test, until the owner or operator can demonstrate through the leak rate calculations required under paragraph (b) of this section that the appliance has not leaked in excess of the applicable leak rate for four quarters in a row.(ii) For commercial refrigeration and industrial process refrigeration appliances with a full charge of 15 or more pounds but less than 500 pounds, leak inspections must be conducted once per year after the date of a successful follow-up verification test, until the owner or operator can demonstrate through the leak rate calculations required under paragraph (b) of this section that the appliance has not leaked in excess of the applicable leak rate for one year.(iii) For comfort cooling appliances and other appliances not covered by paragraphs (g)(1)(i) and (ii) of this section, leak inspections must be conducted once per year after the date of a successful follow-up verification test, until the owner or operator can demonstrate through the leak rate calculations required under paragraph (b) of this section that the appliance has not leaked in excess of the applicable leak rate for one year.(2) Leak inspections must be conducted by a certified technician using method(s) determined by the certified technician to be appropriate for that refrigerant-containing appliance.(3) All visible and accessible components of a refrigerant-containing appliance must be inspected, with the following exceptions:(i) Where components are insulated, under ice that forms on the outside of equipment, underground, behind walls, or are otherwise inaccessible;(ii) Where personnel must be elevated more than two meters above a support surface; or(iii) Where components are unsafe to inspect, as determined by site personnel.(4) Quarterly or annual leak inspections are not required on refrigerant-containing appliances, or portions of refrigerant-containing appliances, continuously monitored by an automatic leak detection system that is audited or calibrated annually. An automatic leak detection system may directly detect refrigerant in air, monitor its surrounding in a manner other than detecting refrigerant concentrations in air, or monitor conditions of the appliance. An automatic leak detection system being used for this purpose must meet the requirements for automatic leak detection systems in § 84.108(c) through (g) and § 84.108(i). (i) When an automatic leak detection system is only being used to monitor portions of a refrigerant-containing appliance, the remainder of the refrigerant-containing appliance continues to be subject to any applicable leak inspection requirements.(h)Retrofit or retirement plans.(1) The owner or operator must create a retrofit or retirement plan within 30 days of: (i) A refrigerant-containing appliance leaking above the applicable leak rate in paragraph (c) of this section if the owner or operator intends to retrofit or retire rather than repair leaks;(ii) A refrigerant-containing appliance leaking above the applicable leak rate in paragraph (c) of this section if the owner or operator fails to take any action to identify or repair leaks; or(iii) A refrigerant-containing appliance continues to leak above the applicable leak rate after having conducted the required repairs and verification tests under paragraphs (d) and (e) of this section.(2) A retrofit or retirement plan must, at a minimum, contain the following information: (i) Identification and location of the refrigerant-containing appliance;(ii) Type and full charge of the refrigerant used in the refrigerant-containing appliance;(iii) Type and full charge of the refrigerant to which the refrigerant-containing appliance will be converted, if retrofitted;(iv) Itemized procedure for converting the refrigerant-containing appliance to a different refrigerant, including changes required for compatibility with the new refrigerant, if retrofitted;(v) Plan for the disposition of recovered refrigerant;(vi) Plan for the disposition of the refrigerant-containing appliance, if retired; and(vii) A schedule, not to exceed one year, for completion of the appliance retrofit or retirement.(3) The retrofit or retirement plan must be signed by an authorized company official, dated, accessible at the site of the refrigerant-containing appliance in paper copy or electronic format, and available for EPA inspection upon request.(4) All identified leaks must be repaired as part of any retrofit under such a plan.(5) A retrofit or retirement plan must be implemented as follows:(i) Unless granted additional time, all work performed in accordance with the plan must be finished within one year of the plan's date (not to exceed 12 months from when the plan was finalized as required in paragraph (h)(1) of this section).(ii) The owner or operator may request that EPA relieve it of the obligation to retrofit or retire a refrigerant-containing appliance if the owner or operator can establish within 180 days of the plan's date that the refrigerant-containing appliance no longer exceeds the applicable leak rate and if the owner or operator agrees in writing to repair all identified leaks within one year of the plan's date consistent with paragraphs (h)(4) and (h)(5)(i) of this section. The owner or operator must submit to EPA the retrofit or retirement plan as well as the following information: The date that the requirement to develop a retrofit or retirement plan was triggered; the leak rate; the method used to determine the leak rate and full charge; the location of the leak(s) identified in the leak inspection; a description of the repairs that have been completed; a description of repairs that have not been completed; a description of why repairs were not conducted within the time frames required under paragraphs (d) and (f) of this section; and a statement signed by an authorized company official that all identified leaks will be repaired and an estimate of when those repairs will be completed (not to exceed one year from date of the plan). The request will be considered approved unless EPA notifies the owner or operator within 60 days of receipt of the request that it is not approved.(i)Extensions to the one-year retrofit or retirement schedule. Owners or operators may request more than one year to comply with paragraph (h) of this section if they meet the requirements of this paragraph. The request will be considered approved unless EPA notifies the owners or operators within 60 days of receipt of the request that it is not approved. The request must be submitted to EPA electronically, using the Agency's applicable reporting platform, within seven months of discovering the refrigerant-containing appliance exceeded the applicable leak rate. The request must include the identification of the refrigerant-containing appliance; name of the owner or operator; the leak rate; the method used to determine the leak rate and full charge; the date the refrigerant-containing appliance exceeded the applicable leak rate; the location of leaks(s) to the extent determined to date; any repairs that have been finished thus far, including the date that repairs were finished; a plan to finish the retrofit or retirement of the refrigerant-containing appliance; the reasons why more than one year is necessary to retrofit or retire the refrigerant-containing appliance; the date of notification to EPA; a signature from an authorized company official; and an estimate of when the retrofit or retirement will be finished. A dated copy of the request must be available on-site in either electronic or paper copy. If the estimated completion date is to be revised, a new estimated date of completion and documentation of the reason for that change must be submitted to EPA electronically, using the Agency's applicable reporting platform, within 30 days. Additionally, the time frames in paragraph (h) of this section and this paragraph (i) are temporarily suspended when a refrigerant-containing appliance is mothballed. The time will resume running on the day additional refrigerant is added to the refrigerant-containing appliance (or component of a refrigerant-containing appliance if the leaking component was isolated). (1)Extensions available to industrial process refrigeration. Owners or operators of industrial process refrigeration appliances may request additional time beyond the one-year period in paragraph (h) of this section to finish the retrofit or retirement under the following circumstances: (i) Requirements of other applicable Federal, State, local, or Tribal regulations make a retrofit or retirement within one year impossible. Additional time is permitted to the extent needed to comply with the pertinent regulations;(ii) The new or the retrofitted equipment is custom-built as defined in this subpart and the supplier of the appliance or one of its components has quoted a delivery time of more than 30 weeks from when the order is placed. The appliance or appliance components must be installed within 120 days after receiving delivery of the necessary parts;(iii) The equipment or component is located in an area subject to radiological contamination and creating a safe working environment will require more than 30 weeks; or(iv) After receiving an extension under paragraph (i)(1)(ii) of this section, owners or operators may request additional time if necessary to finish the retrofit or retirement of the refrigerant-containing appliance. The request must be submitted to EPA before the end of the ninth month of the initial extension and must include the same information submitted for that extension, with any necessary revisions. A dated copy of the request must be available on-site in either electronic or paper copy. The request will be considered approved unless EPA notifies the owners or operators within 60 days of receipt of the request that it is not approved.(j)Chronically leaking appliances. Owners or operators of refrigerant-containing appliances containing 15 or more pounds of refrigerant that leak 125 percent or more of the full charge in a calendar year must submit a report containing the information required in paragraph (m)(4) of this section to EPA by March 1 of the subsequent year.(k)Purged refrigerant. In calculating annual leak rates, purged refrigerant that is destroyed at a verifiable destruction efficiency of 98 percent or greater will not be counted toward the leak rate.(l)Recordkeeping. All records identified in this paragraph must be kept for at least three years in electronic or paper format, unless otherwise specified.(1) By January 1, 2026, or upon installation for refrigerant-containing appliances installed on or after January 1, 2026, owners or operators must determine the full charge of all refrigerant-containing appliances with 15 or more pounds of refrigerant and maintain the following information for each appliance until three years after the appliance is retired:(i) The identification of the owner or operator of the refrigerant-containing appliance;(ii) The address where the appliance is located;(iii) The full charge of the refrigerant-containing appliance and the method for how the full charge was determined;(iv) If using method 4 (using an established range) for determining full charge, records must include the range for the full charge of the refrigerant-containing appliance, its midpoint, and how the range was determined;(v) Any revisions of the full charge, how they were determined, and the dates such revisions occurred; and(vi) The date of installation.(2) Owners or operators must maintain a record including the following information for each time a refrigerant-containing appliance with a full charge of 15 or more pounds is installed, serviced, repaired, or disposed of, when applicable. (i) The identity and location of the refrigerant-containing appliance;(ii) The date of the installation, service, repair, or disposal performed;(iii) The part(s) of the refrigerant-containing appliance being installed, serviced, repaired, or disposed;(iv) The type of installation, service, repair, or disposal performed for each part;(v) The name of the person performing the installation, service, repair, or disposal;(vi) The amount and type of refrigerant added to, or in the case of disposal removed from, the appliance;(vii) The full charge of the refrigerant-containing appliance; and(viii) The leak rate and the method used to determine the leak rate (not applicable when disposing of the refrigerant-containing appliance, following a retrofit, installing a new refrigerant-containing appliance, or if the refrigerant addition qualifies as a seasonal variance).(3) Owners or operators must maintain the following records of changes to the leak rate calculation method after a change in ownership or acquisition specified in paragraph (b)(3) of this section:(i) Basic identification information (i.e., owner or operator, facility name, facility address where appliance is located, and appliance ID or description);(ii) The date the operating facility referenced in paragraph (b)(3)(i) was purchased or otherwise acquired;(iii) The leak rates for all refrigerant-containing appliances at any operating facility for which the leak rate calculation methodology would change, listing the results for each leak rate calculation methods (the annualizing method and the rolling average method) separately;(iv) The date the new leak rate calculation method is adopted; and(v) The leak rate calculation method the owner or operator is using after the change.(4) If the installation, service, repair, or disposal is done by someone other than the owner or operator, that person must provide a record containing the information specified in paragraph (l)(2)(i) through (l)(2)(vi) of this section, when applicable, to the owner or operator.(5) Owners or operators must keep records of leak inspections that include the date of inspection, the method(s) used to conduct the leak inspection, a list of the location of each leak that was identified, and a certification that all visible and accessible parts of the refrigerant-containing appliance were inspected. The certified technicians conducting the leak inspections must, upon conclusion of that service, provide the owner or operator of the refrigerant-containing appliance with documentation that meets these requirements.(6) If using an automatic leak detection system, the owner or operator must maintain records regarding the installation and the annual audit and calibration of the system, a record of each date the monitoring system identified a leak, and the location of the leak.(7) Owners or operators must maintain records of the dates and results of all initial and follow-up verification tests. Records must include the location of the refrigerant-containing appliance, the date(s) of the verification tests, the location(s) of all repaired leaks that were tested, the type(s) of verification test(s) used, and the results of those tests. The certified technicians conducting the initial or follow-up verification tests must, upon conclusion of that service, provide the owner or operator of the appliance with documentation that meets these requirements.(8) Owners or operators must maintain retrofit or retirement plans developed in accordance with paragraph (h) of this section.(9) Owners or operators must maintain retrofit and/or retirement extension requests submitted to EPA in accordance with paragraph (i) of this section.(10) Owners or operators that suspend the deadlines in this section by mothballing a refrigerant-containing appliance must keep records documenting when the appliance was mothballed and when additional refrigerant was added to the appliance (or isolated component).(11) Owners or operators who exclude purged refrigerants that are destroyed from annual leak rate calculations must maintain records to support the amount of refrigerant claimed as sent for destruction. Records must be based on a monitoring strategy that provides reliable data to demonstrate that the amount of refrigerant claimed to have been destroyed is not greater than the amount of refrigerant actually purged and destroyed and that the 98 percent or greater destruction efficiency is met. Records must include flow rate, quantity or concentration of the refrigerant in the vent stream, and periods of purge flow. Records must include:(i) The identification of the facility and a contact person, including the address and telephone number;(ii) A description of the refrigerant-containing appliance, focusing on aspects relevant to the purging of refrigerant and subsequent destruction;(iii) A description of the methods used to determine the quantity of refrigerant sent for destruction and type of records that are being kept by the owners or operators where the appliance is located;(iv) The frequency of monitoring and data-recording; and(v) A description of the control device, and its destruction efficiency.(12) Owners or operators that exclude additions of refrigerant due to seasonal variance from their leak rate calculation must maintain records stating that they are using the seasonal variance flexibility and documenting the amount added and removed under paragraph (l)(2) of this section.(13) Owners or operators that submit reports to EPA in accordance with paragraph (m) of this section must maintain copies of the submitted reports and any responses from EPA.(m)Reporting. All notifications must be submitted electronically using the Agency's applicable reporting platform.(1) Owners or operators must notify EPA electronically, using the Agency's applicable reporting platform, in accordance with paragraph (f) of this section when seeking an extension of time to complete repairs.(2) Owners or operators must notify EPA electronically, using the Agency's applicable reporting platform, in accordance with paragraph (h)(5)(ii) of this section when seeking relief from the obligation to retrofit or retire an appliance.(3) Owners or operators must notify EPA electronically, using the Agency's applicable reporting platform, in accordance with paragraph (i) of this section when seeking an extension of time to complete the retrofit or retirement of an appliance.(4) Owners or operators must report to EPA electronically, using the Agency's applicable reporting platform, the following information in accordance with paragraph (j) of this section for any refrigerant-containing appliance containing 15 or more pounds of refrigerant that leaks 125 percent or more of the full charge in a calendar year: (i) Basic identification information (i.e., owner or operator, facility name, facility address where appliance is located, and appliance ID or description);(ii) Refrigerant-containing appliance type (comfort cooling or other, industrial process refrigeration, or commercial refrigeration);(iv) Full charge of appliance (pounds);(v) Annual percent refrigerant loss;(vi) Dates of refrigerant addition;(vii) Amounts of refrigerant added;(viii) Date of last successful follow-up verification test;(ix) Explanation of cause refrigerant losses;(x) Description of repair actions taken;(xi) Whether a retrofit or retirement plan has been developed for the refrigerant-containing appliance and if so, the anticipated date of retrofit or retirement; and(xii) A signed statement from an authorized company official.(5) When excluding purged refrigerants that are destroyed from annual leak rate calculations, owners or operators must notify EPA electronically, using the Agency's applicable reporting platform, within 60 days after the first time the exclusion is used by the facility where the appliance is located. The report must include the information included in paragraph (l)(11) of this section and must be signed by an authorized company official.