The Office of Management and Budget (OMB) completed their review of the refrigerant rule revisions under 40 CFR 82 Subpart F on January 30, 2020. The revised rule is being packaged for signature by the US Environmental Protection Agency (EPA) Administrator and will be published in the Federal Register (FR) soon. Trinity's contact at EPA was not able to provide details on the rule revision, but did say that they expect the rule package to be signed within the next two weeks. EPA also indicated that the revised rule will not be effective until 30 days after it is published in the FR. Therefore, we can conclude that, no matter what the revision contains, the current version of the rule will be in effect on March 1, 2020.

The chronic leaker report, which is due March 1, must identify each large appliance (i.e., ≥ 50 lbs refrigerant in a single circuit) at your site that leaked 125% or more of its full charge in the 2019 calendar year. Even if the revised rule rolls back the extension of refrigerant management requirements to non-exempt substitute refrigerants (e.g., R-134A, R-410A, etc.), the revisions won't be effective until after the March 1 chronic leaker reporting deadline. Consequently, the chronic leaker report due on March 1, 2020 must include appliances charged with non-exempt substitutes.

For facilities that have worked with us to implement Trinity's Refrigerant Tracking Tool Spreadsheet, the applicability of this reporting requirement is automatically assessed by the “Chronic Leakers (>=50 lbs)” tab of the tool (assuming all 2019 service events for large appliances have been entered). If you need any assistance with determining whether you trigger the chronic leaker reporting requirement, and completing the report if required, please contact us at (866) 830-0796. Also see relevant article, “Refrigerant Management Rule - Ready or Not”.