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EPA Hosts Virtual Public Hearing, November 1, 2023

On October 19, 2023, the EPA issued a proposed rule titled Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes under Subsection (h) of the American Innovation and Manufacturing Act of 2020 (88 FR 72216). For additional information on the proposed rule and supporting documents, please visit https://www.epa.gov/climate-hfcs-reduction/management-certain-hydrofluorocarbons-and-substitutes-under-subsection-h

The rulemaking proposes the following requirements:

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EPA Publishes HFC Allocation Program Fact Sheet

The EPA has issued its Fire Suppressant Recycling Under the HFC Allocation Program Questions and Answers Fact Sheet dated May 2023. It provides guidance regarding when a company is considered an HFC Fire Suppressant Recycler, and its reporting obligations under the AIM Act. This guidance was first requested by FSSA in March 2022. A key provision in the fact sheet:

Who qualifies as an HFC fire suppressant recycler?

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EPA’s Proposed Explanation of Who is a HFC “Fire Suppressant Recycler”

The US Environmental Protection Agency (EPA) published a Notice of Proposed Rule Making (NPRM) in the November 3 Federal Register (2022-23269.pdf (govinfo.gov)).The NPRM covers changes and clarifications to its regulations on HFC contained in 40 CFR 84. Within the NPRM the following footnote provides EPA’s an explanation of the term “fire suppressant recycler.”

Footnote 48 Page 66394 (Page 23 in the PDF document): 

Generally, an entity that collects used HFC fire suppressants and directly resells those recovered HFCs—with or without any additional reprocessing including testing for purity—to another person for reuse as a fire suppressant would qualify as a fire suppressant recycler (also referred to as a ‘‘recycler for fire suppression’’ in 40 CFR part 84, subpart A).

A person that recovers and aggregates used HFC fire suppressants for distribution to another entity for reprocessing before being sold for reuse as a fire suppressant would not be a fire suppressant recycler. 


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The AIM Act & The Future of HFCs in Fire Protection

Written by: Bill Polits, Director, Sales and Strategy, A-Gas

The AIM Act is landmark legislation curbing the production and consumption of HFCs in the US. The AIM Act also puts a focus on economic growth through job creation and American global leadership in technology and global trade. Despite lots of talk about the AIM Act, many in the fire protection industry have questions. While this article will outline the background behind this legislation, detail how the Environmental Protection Agency (EPA) will implement the AIM Act, describe the current situation for virgin HFCs in fire protection, and share what the future may hold for HFCs, the regulatory world is always evolving and changing. Thus, your company should always check with its own counsel to help with decision-making.

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