EPA Refrigerant Regulations for Commercial HVAC: Section 608 Compliance Guide

EPA refrigerant regulations for commercial HVAC systems have undergone their most significant transformation in decades. Between the completed R-22 production phaseout, the AIM Act's HFC phasedown, and new HFC leak repair rules that took effect January 1, 2026, facility managers are navigating a more complex compliance landscape than just a few years ago.

This guide breaks down the layers of federal refrigerant regulation that apply to commercial buildings: what changed, what each rule requires, and what you need to do to stay in compliance.

What Is EPA Section 608?

Section 608 of the Clean Air Act authorizes the EPA to regulate the handling of refrigerants in stationary refrigeration and air conditioning equipment. The regulations under Section 608 (codified at 40 CFR Part 82, Subpart F) establish requirements for:

• Technician certification
• Refrigerant recovery and recycling
• Leak repair (for appliances containing ozone-depleting refrigerants)
• Recordkeeping
• Refrigerant sales restrictions
• The prohibition on venting refrigerant

Section 608 originally focused on ozone-depleting substances (ODS) such as chlorofluorocarbons (CFCs) and hydrochlorofluorocarbons (HCFCs), including R-22. A 2016 EPA rule extended the Section 608 requirements to substitute refrigerants such as hydrofluorocarbons (HFCs). In 2020, EPA rescinded the extension of the leak repair provisions to HFC appliances, but technician certification, sales restrictions, the venting prohibition, evacuation requirements, and reclamation standards still apply to HFCs under Section 608. HFC leak repair is now handled by a separate rule under the AIM Act, described below.

For commercial facility managers, Section 608 compliance is not optional. Clean Air Act civil penalties are adjusted for inflation each year; under EPA's January 2025 adjustment, the maximum civil penalty in a judicial action under 42 U.S.C. 7413(b) is $124,426 per day for each violation.

The R-22 Phaseout: Where Things Stand

History and Final Production Ban

R-22 (HCFC-22) was the dominant refrigerant in commercial and residential air conditioning for decades. Because it depletes the stratospheric ozone layer, the EPA phased it out under the Montreal Protocol and the Clean Air Act.

The phaseout followed a staged schedule:

What This Means for Existing R-22 Equipment

If your facility still operates equipment that uses R-22, you are not required to retrofit or replace it solely because the refrigerant has been phased out. However:

• R-22 supply is limited. All R-22 available today must come from recovered, reclaimed, or previously stockpiled supplies, so budget accordingly for service calls on aging R-22 systems.
• Leak repair rules still apply. Appliances with 50 or more pounds of R-22 remain subject to the Section 608 leak repair requirements.
• Retrofitting is restricted. Any refrigerant used to retrofit an R-22 system must be acceptable under EPA's SNAP program for that end use, and R-22 equipment should not be converted to A2L refrigerants. Work with your equipment manufacturer and contractor on any retrofit.
• Replacement planning is critical. A major failure on an older R-22 system is likely to trigger a full replacement discussion, since repair costs may outweigh the remaining useful life.

The AIM Act and HFC Phasedown

Overview of the AIM Act

The American Innovation and Manufacturing (AIM) Act, enacted December 27, 2020, gives the EPA authority to phase down the production and consumption of hydrofluorocarbons (HFCs). HFCs replaced R-22 and other ODS refrigerants but are themselves potent greenhouse gases. R-410A, the most common HFC used in commercial HVAC, has a global warming potential (GWP) of about 2,090 as listed by EPA.

Under the AIM Act, HFC production and consumption allowances will be reduced to 15% of baseline levels by 2036.

The Technology Transitions Rule

The EPA's Technology Transitions Rule, finalized in October 2023 under the AIM Act and amended several times since, restricts the GWP of refrigerants used in new refrigeration and air conditioning equipment. Key commercial milestones include:

Note: EPA finalized a reconsideration of portions of the Technology Transitions Rule on May 26, 2026 (effective July 27, 2026). Among other changes, it removed the installation deadline for residential and light commercial systems whose components were manufactured or imported before January 1, 2025, and pushed stricter limits for supermarket systems, remote condensing units, and cold storage warehouses to 2032. Check EPA's current pages before relying on any date.

R-410A Phase-Out and Replacement Refrigerants

Since January 1, 2025, new residential and light commercial air conditioning equipment using R-410A can no longer be manufactured or imported in the United States, because R-410A does not meet the 700 GWP limit.

Common replacement refrigerants in the commercial HVAC market include (GWP values as listed by EPA's SNAP program, rounded):

Critical note for facility managers: A2L refrigerants are mildly flammable, and existing HVAC equipment designed for R-410A should not be converted to them. The Technology Transitions restrictions apply only to new products and systems. EPA has stated that there are no requirements to stop using equipment currently in use; existing systems can continue operating and being serviced for their useful life.

EPA HFC Leak Repair Rule (40 CFR Part 84, Subpart C)

Overview

The most operationally significant regulatory change for commercial facility managers in 2026 is EPA's Emissions Reduction and Reclamation (ER&R) program, finalized in October 2024 under the AIM Act. Its leak repair requirements (40 CFR 84.106) took effect January 1, 2026.

This rule restores federal leak repair, inspection, and recordkeeping obligations for many HFC-containing systems, which had not been covered since EPA rescinded the Section 608 HFC leak repair provisions in 2020.

Appliance Threshold: 15 Pounds

Under the Section 608 rules, leak repair obligations apply to appliances with 50 pounds or more of ozone-depleting refrigerant. The ER&R rule applies to appliances with a full charge of 15 pounds or more of a refrigerant that contains an HFC, or an HFC substitute, with a GWP above 53.

Two exclusions matter for commercial buildings:

• Appliances containing solely an ozone-depleting refrigerant (such as R-22), which stay under Section 608
• Appliances in the residential and light commercial air conditioning and heat pump subsector, which EPA excluded from the leak repair provisions

In a typical commercial building, the equipment most likely to be covered includes chillers and other larger comfort cooling systems, commercial refrigeration, and process cooling. Facility managers should inventory every HVAC and refrigeration system, recording charge size and EPA subsector, to determine which are covered.

Leak Rate Thresholds That Trigger Repair Obligations

The owner or operator must calculate the leak rate each time refrigerant is added (with limited exceptions). When the leak rate exceeds the applicable threshold, repairs are required:

Repairs must be confirmed with initial and follow-up verification tests. Extensions are available only in limited circumstances, such as when necessary parts are unavailable or other regulations prevent timely repair. If repairs fail, the owner must create a retrofit or retirement plan within 30 days and generally complete it within one year. Appliances that exceeded the leak rate may also need periodic leak inspections until they show compliance (quarterly for commercial refrigeration and IPR systems of 500 pounds or more, and annually for smaller ones and for comfort cooling).

Chronic Leaker Reporting

Any covered appliance that leaks 125% or more of its full charge during a calendar year must be reported to EPA by March 1 of the following year. Because the rule took effect in 2026, the first reports are due March 1, 2027.

Automatic Leak Detection (ALD) Requirements

The ER&R rule also requires automatic leak detection (ALD) systems for certain large systems. The requirement applies only to commercial refrigeration and industrial process refrigeration appliances, not to comfort cooling equipment.

Who Is Required to Install ALD Systems

Direct-detection ALD systems must be able to detect refrigerant at 10 parts per million and alert at 100 parts per million; condition-monitoring systems must alert on a loss of 50 pounds or 10 percent of the full charge, whichever is less. ALD systems must be audited and calibrated annually.

For facilities with large commercial refrigeration plants or refrigerated warehouses, this requirement should be on the immediate compliance radar if not already addressed.

Section 608 Technician Certification Requirements

Who Must Be Certified

Under Section 608, technicians who perform work that could release refrigerant, such as attaching and detaching hoses and gauges or adding or removing refrigerant, must be certified by an EPA-approved certifying organization. Apprentices working under a certified technician's supervision are exempt. This requirement applies to both ODS and HFC refrigerants.

Facility managers should verify that all contractors and in-house technicians working on refrigerant-containing systems hold valid certification appropriate to the equipment.

Certification Categories

Exam Requirements

Certification requires passing an exam from an EPA-approved certifying organization. Under the regulations, each test must include at least 25 questions from the core group and at least 25 from each relevant technical type. EPA notes that a core test taken open-book cannot be used toward Universal certification; a proctored exam is required.

Section 608 certifications do not expire. EPA has reserved the right to require recertification in the future. Contractors working with newer A2L refrigerants should ensure their technicians have received training on safe handling procedures, even though recertification is not currently required.

Recordkeeping and Reporting Requirements

For Commercial Building Owners and Operators

Facility managers are responsible for maintaining records for regulated appliances. Under Section 608 (for ODS appliances of 50 pounds or more) and the ER&R rule (for covered HFC appliances of 15 pounds or more), required records generally include:

• Full charge of each covered appliance and how it was determined
• Refrigerant additions, including date, amount, and the calculated leak rate
• Leak inspections and repairs, including verification test results
• Retrofit or retirement plans and any extension requests
• ALD records (installation, annual audits and calibrations, and alerts), where applicable
• Chronic leaker reports submitted to EPA, where applicable

ER&R records must be kept for three years, and appliance-specific records for three years after the appliance is retired.

For Service Technicians and Contractors

Technicians and contractors servicing covered appliances should, at minimum:

• Give the appliance owner documentation of the type and amount of refrigerant added and the date of service
• Document leak inspections, repairs, and verification tests performed
• Keep a copy of their Section 608 certification
• Follow required evacuation levels using certified recovery equipment

Refrigerant Sales Restrictions

Refrigerants covered by Section 608, including HFCs, may be sold only to certified technicians, to employers of certified technicians, or for resale to qualified parties, with limited exceptions. One exception covers small cans of motor vehicle AC refrigerant (two pounds or less) with a self-sealing valve. Sellers must keep invoices showing the purchaser, date, and quantity for three years.

Additionally, under the ER&R rule, beginning January 1, 2026, refrigerant sold as reclaimed may contain no more than 15% virgin HFC by weight, and reclaimed refrigerant containers must be labeled to that effect.

Compliance Action Plan for Facility Managers

Given the layered nature of current refrigerant regulations, here is a practical compliance framework for commercial facility teams:

Immediate Actions

1. Audit your refrigerant inventory. Identify every piece of HVAC and refrigeration equipment containing refrigerant. Record refrigerant type, full charge, and EPA subsector, and note whether the system falls under Section 608 leak repair (ODS, 50 lbs or more) or ER&R leak repair (HFC, 15 lbs or more, not in the residential and light commercial AC subsector).

2. Flag covered HFC systems. Chillers, commercial refrigeration, and other covered appliances of 15 lbs or more are now subject to federal leak repair rules, even if they were below the old 50 lb threshold.

3. Review contractor certifications. Confirm that every contractor servicing your refrigerant systems holds the appropriate Section 608 certification type.

4. Establish a refrigerant log. If you do not already keep a formal refrigerant addition and service log, start one now. For covered appliances, it is a recordkeeping requirement.

Near-Term Actions (Within 90 Days)

5. Calculate leak rates at each refrigerant addition for covered systems and track whether any systems approach or exceed their thresholds (10% for comfort cooling).

6. Assess ALD requirements. If you operate commercial refrigeration or IPR systems of 1,500 lbs or more with refrigerant GWP above 53, confirm ALD is installed or schedule installation before January 1, 2027.

7. Develop an R-22 exit strategy. If your facility still has R-22 equipment, evaluate remaining useful life, repair cost history, and the availability and cost of reclaimed R-22.

8. Evaluate new equipment purchases. Confirm that new HVAC equipment complies with current Technology Transitions GWP limits, and that installation contractors are trained and equipped for A2L refrigerants.

Ongoing Compliance

9. Train facility staff. Make sure maintenance staff understand basic refrigerant handling rules, leak reporting procedures, and documentation requirements.

10. Monitor EPA rulemaking. EPA revised the Technology Transitions Rule in May 2026 and has proposed further changes to the ER&R rule (for example, a May 2026 proposal on transport refrigeration units). Check EPA's regulatory pages periodically.

Summary of Key Regulatory Thresholds

Sources and References

• EPA Section 608 Regulatory Updates — US EPA
• Section 608 Technician Certification Requirements — US EPA
• 40 CFR 82.161 — Technician Certification — Cornell Legal Information Institute
• 40 CFR 82.154 — Prohibitions (Sales Restriction) — Cornell Legal Information Institute
• Phaseout of Class II Ozone-Depleting Substances — US EPA
• 40 CFR 19.4 — Civil Monetary Penalty Inflation Adjustments — Cornell Legal Information Institute
• Frequent Questions on the Phasedown of Hydrofluorocarbons — US EPA
• Regulatory Actions for Technology Transitions — US EPA
• Technology Transitions HFC Restrictions by Sector — US EPA
• EPA Finalizes Changes to "Technology Transitions" Provisions of the AIM Act — Holland & Knight
• Substitutes in Residential and Light Commercial Air Conditioning and Heat Pumps — US EPA SNAP
• Regulatory Actions for Managing HFC Use and Reuse — US EPA
• EPA Emissions Reduction and Reclamation Program Fact Sheet — US EPA (PDF)
• 40 CFR 84.106 — Leak Repair — Cornell Legal Information Institute
• 40 CFR 84.108 — Automatic Leak Detection Systems — Cornell Legal Information Institute
• What You Need to Know: EPA's Emissions Reduction and Reclamation Program for HFC Refrigerants — ICC
• EPA's Technology Transitions Program Related to A2L Refrigerants (Q4 2025 Update) — ICC