What is the Emissions Reduction & Reclamation (ER&R) Program?

The ER&R Program aims to maximize the reclamation of HFCs and minimize their release from leaking equipment, such as refrigeration and air conditioning systems.

By doing so, it seeks to reduce the harmful effects of fugitive emissions of these potent greenhouse gasses. The program outlines specific requirements for various refrigerant management practices, including:

• Leak repair for certain appliances;
• Use of automatic leak detection systems for certain new and existing appliances;
• A standard for reclaimed HFC refrigerants;
• Servicing and/or repair of certain refrigerant-containing equipment with reclaimed HFCs;
• Initial installation and servicing and/or repair of fire suppression equipment with recycled HFCs;
• Recovery of HFCs from disposable cylinders prior to disposal; and
• Recordkeeping, reporting, and labeling

These new AIM Act regulations meaningfully broaden the scope of assets subject to specific refrigerant management requirements previously established under Section 608 of the Clean Air Act by now considering the global warming potential (GWP) of refrigerants and lowering the charge size threshold to now include smaller assets.

Specifically, the ER&R Program regulates refrigerant-containing appliances with a full charge of 15 pounds or more of a refrigerant with a GWP greater than 53. This means that owners and operators of relevant equipment may need to expand their existing refrigerant management programs to include these newly-regulated assets, while others who were not previously subject to Section 608 requirements may now need to establish refrigerant management programs for the very first time.

The final rule for Subsection (h) of the AIM Act is part of a broader effort to implement HFC regulations at both federal and state levels. This includes New York State’s proposed amendments to Part 494; Washington State’s Refrigerant Management Program; California Air Resource Board’s Refrigerant Management Program, and EPA Section 608. Further, the EPA had previously announced that it will be increasing HFC enforcement among its key National Enforcement and Compliance Initiatives for Fiscal Years 2024-2027.

How does this impact Facility Managers?

Facility managers should act now to understand their regulatory exposure by determining which of their assets are included in these new regulations. The new ER&R leak repair requirements along with their associated leak inspection and recordkeeping activities, will come into force beginning January 1, 2026.

The first step is to conduct an asset inventory of relevant equipment, such as refrigeration and air conditioning systems. This inventory will help identify which assets are affected by the new rules and ensure visibility of critical factors such as refrigerant type, charge size, and leak rate.

Beyond compliance readiness, this information can also assist in forecasting repair and maintenance costs, planning for asset lifecycle management, and supporting sustainability reporting efforts. By proactively managing these aspects, facility managers can not only comply with regulations but also enhance the overall efficiency and sustainability of their operations.

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