On July 20, 2023, the EPA published an update to (40 CFR Part 84) which implements the American Innovation and Manufacturing Act. The updated regulations, effective September 18, 2023, include new requirements to verify the quality of HFC fire suppressant agents by laboratory testing as well as additional recordkeeping requirements. These updated regulations affect FSSA members who fill or recharge HFC fire system cylinders. An overview of the EPA regulation was given at the FSSA Annual Forum and discussed at the division meetings. (88 Fed. Reg. 46836)

SUMMARY OF THE REGULATORY UPDATES

The regulations now require anyone who transfers HFC fire suppressant agent from one container to another¹ to verify that each batch of HFC fire suppressant agents used to fill or recharge system cylinders meets applicable quality specifications by testing before selling or distributing the HFC fire suppressant agent. (84.5(i)(3)(i)) 

Anyone who transfers HFC fire suppressant agents from one container to another prior to sale or distribution is a “repackager” with the following exception:  “An entity that services system cylinders for use in fire suppression equipment and returns the same regulated substances to the same system cylinder it was recovered from after the system cylinder is serviced is not a repackager.” (84.3 Definitions)

The repackager must maintain dated records of the required laboratory tests performed on the batch available for review. (84.31(k))  The records must be maintained for 5 years.

Anyone who does initial fill or recharge of HFC system cylinders must follow the EPA regulations summarized above. The laboratory test requirements apply to both virgin and recycled HFC fire suppressant agents.