EPA 608 refrigerant sales restriction
This page covers the sales restriction and the sale of used refrigerant in 40 CFR 82.154(c) and (d), plus the servicing aperture and process stub rule in 82.154(e). Each point quotes the rule and links to it.
The short answer
Refrigerant containing a class I or class II substance, and since January 1, 2018 any non-exempt substitute, may be sold only to a buyer certified as a Type I, Type II, Type III or Universal technician, or under one of the other listed exceptions. The restriction is stayed as it applies to refrigerant in appliances without fully assembled refrigerant circuits. Used refrigerant may be sold for use as a refrigerant only if a certified reclaimer has reclaimed it, with limited exceptions. Sellers must keep invoices for three years, unless they sell exempt substitutes or small cans of MVAC refrigerant.
Each part of this answer is quoted from the rule below.
The sales restriction
Refrigerant containing a class I or class II substance, and since January 1, 2018 any non-exempt substitute, may not be sold, distributed or offered for sale unless one of the listed exceptions applies.
“No person may sell or distribute, or offer for sale or distribution, any substance that consists in whole or in part of a class I or class II substance or, starting on January 1, 2018, any non-exempt substitute for use as a refrigerant unless:”
"Exempt substitutes" are certain substitutes in certain end-uses listed in 82.154(a)(1); they are exempt from the venting prohibition and from the requirements of Subpart F. All other substitutes and end-uses are "non-exempt substitutes".
“As used in this subpart, the term “exempt substitutes” refers to certain substitutes when used in certain end-uses that are specified in § 82.154(a)(1) as exempt from the venting prohibition and the requirements of this subpart, and the term “non-exempt substitutes” refers to all other substitutes and end-uses not so specified in § 82.154(a)(1).”
The sales restriction in 82.154(c), only as it applies to refrigerant contained in appliances without fully assembled refrigerant circuits, is stayed from April 27, 1995, until EPA takes final action on its reconsideration. EPA will publish any such final action in the Federal Register.
“the effectiveness of 40 CFR 82.154(c), only as it applies to refrigerant contained in appliances without fully assembled refrigerant circuits, is stayed from April 27, 1995, until EPA takes final action on its reconsideration of these provisions. EPA will publish any such final action in the FEDERAL REGISTER.”
The listed exceptions
Exception: the buyer is certified as a Type I, Type II, Type III or Universal technician under 82.161.
“The buyer has been certified as a Type I, Type II, Type III, or Universal technician under § 82.161;”
Exception: the buyer employs at least one technician certified as a Type I, Type II, Type III or Universal technician under 82.161 and gives the seller proof.
“The buyer employs at least one technician who is certified as a Type I, Type II, Type III, or Universal technician under § 82.161 and provides proof of such to the seller;”
Exception: the buyer is certified under 40 CFR part 82, subpart B, and the refrigerant is acceptable for use in MVACs under subpart G.
“The buyer has been certified in accordance with 40 CFR part 82, subpart B and the refrigerant is acceptable for use in MVACs under 40 CFR part 82, subpart G;”
Exception: the buyer employs at least one person certified under subpart B and gives the seller proof, and the refrigerant is acceptable for use in MVACs under subpart G.
“The buyer employs at least one person who is certified under 40 CFR part 82, subpart B, and provides proof of such to the seller and the refrigerant is acceptable for use in MVACs under 40 CFR part 82, subpart G.”
Exception: the refrigerant is sold only for eventual resale to persons certified under 82.161 or subpart B or to appliance manufacturers, for example by a manufacturer to a wholesaler or by a technician to a reclaimer.
“The refrigerant is sold only for eventual resale to persons certified under § 82.161 or 40 CFR part 82, subpart B or to appliance manufacturers (e.g., sold by a manufacturer to a wholesaler, sold by a technician to a reclaimer);”
Exception: the refrigerant is sold to an appliance manufacturer.
“The refrigerant is sold to an appliance manufacturer;”
Exception: the refrigerant is contained in an appliance with a fully assembled refrigerant circuit, or in an appliance component.
“The refrigerant is contained in an appliance with a fully assembled refrigerant circuit or an appliance component;”
Exception: the refrigerant is charged into an appliance by a certified technician or an apprentice during maintenance, service or repair of the appliance.
“The refrigerant is charged into an appliance by a certified technician or an apprentice during maintenance, service, or repair of the appliance; or”
An apprentice is a person currently registered as an apprentice in maintenance, service, repair or disposal of appliances with the U.S. Department of Labor's Office of Apprenticeship (or a State Apprenticeship Council it recognizes), for at most two years from first registering.
“Apprentice means any person who is currently registered as an apprentice in maintenance, service, repair, or disposal of appliances with the U.S. Department of Labor's Office of Apprenticeship (or a State Apprenticeship Council recognized by the Office of Apprenticeship). A person may only be an apprentice for two years from the date of first registering with that office.”
Small cans of MVAC refrigerant
The last listed exception (82.154(c)(1)(ix)): a non-exempt substitute intended for use in an MVAC, sold in a container designed to hold two pounds or less of refrigerant, with a unique fitting and, if manufactured or imported on or after January 1, 2018, a self-sealing valve that complies with 82.154(c)(2).
“The non-exempt substitute refrigerant is intended for use in an MVAC and is sold in a container designed to hold two pounds or less of refrigerant, has a unique fitting, and, if manufactured or imported on or after January 1, 2018, has a self-sealing valve that complies with the requirements of paragraph (c)(2) of this section.”
The self-sealing valve rules apply starting January 1, 2018, to containers holding two pounds or less of non-exempt substitute for MVAC use that are made or imported on or after that date.
“This provision applies starting January 1, 2018, for all containers holding two pounds or less of non-exempt substitute refrigerant for use in an MVAC that are manufactured or imported on or after that date.”
Each such container must have a single self-sealing valve that closes and seals automatically when not dispensing.
“Each container holding two pounds or less of non-exempt substitute refrigerant for use in an MVAC must be equipped with a single self-sealing valve that automatically closes and seals when not dispensing refrigerant.”
With the valve closed, leakage from each container must not exceed 3.00 grams per year, for full and partly full containers.
“The leakage rate from each container must not exceed 3.00 grams per year when the self-sealing valve is closed. This leakage rate applies to new, full containers as well as containers that may be partially full.”
Seller records
Anyone who sells or distributes, or offers to sell or distribute, class I or class II refrigerant, or since January 1, 2018 any non-exempt substitute refrigerant, must keep invoices with the purchaser's name, the date of sale and the quantity purchased.
“Persons who sell or distribute, or offer to sell or distribute, any class I or class II refrigerant, or, starting on January 1, 2018, any non-exempt substitute refrigerant must keep invoices that indicate the name of the purchaser, the date of sale, and the quantity of refrigerant purchased”
The invoice requirement does not apply to sales of exempt substitutes or of small cans of MVAC refrigerant sold under 82.154(c)(1)(ix).
“unless they are selling exempt substitutes (those substitutes used in the end-uses specified as exempt in paragraph (a)(1) of this section) or small cans of MVAC refrigerant in accordance with paragraph (c)(1)(ix) of this section.”
When the buyer qualifies by employing a certified person, the seller must keep the buyer's proof of that employment. All records are kept for three years.
“In instances where the buyer employs a person certified under § 82.161 or 40 CFR part 82, subpart B, the seller must keep the documentation provided by the buyer to demonstrate such employment. All records must be kept for three years.”
Selling used refrigerant
Used class I, class II or non-exempt substitute refrigerant may be sold for use as a refrigerant if it has been reclaimed by a certified reclaimer (82.164), or if another listed exception applies.
“No person may sell or distribute, or offer for sale or distribution, for use as a refrigerant any class I or class II substance or non-exempt substitute consisting wholly or in part of used refrigerant unless the refrigerant: (1) Has been reclaimed by a person who has been certified as a reclaimer under § 82.164;”
Exception: refrigerant used only in an MVAC or MVAC-like appliance, to be used only in one, and recycled under subpart B.
“was used only in an MVAC or MVAC-like appliance and is to be used only in an MVAC or MVAC-like appliance and recycled in accordance with 40 CFR part 82, subpart B;”
Exception: refrigerant contained in an appliance sold together with a fully assembled refrigerant circuit.
“is contained in an appliance that is sold or offered for sale together with a fully assembled refrigerant circuit;”
Exception: transfers between a parent company and its subsidiaries (or between subsidiaries of the same parent), or between a federal agency and facilities owned by that agency.
“is being transferred between or among a parent company and one or more of its subsidiaries, or between or among subsidiaries having the same parent company; or (5) is being transferred between or among a Federal agency or department and a facility or facilities owned by the same Federal agency or department.”
To reclaim means to reprocess recovered refrigerant to all applicable specifications in appendix A of Subpart F and to verify it meets them with the prescribed analysis.
“Reclaim means to reprocess recovered refrigerant to all of the specifications in appendix A of this subpart (based on AHRI Standard 700-2016, Specifications for Refrigerants) that are applicable to that refrigerant and to verify that the refrigerant meets these specifications using the analytical methodology prescribed in section 5 of appendix A of this subpart.”
Servicing aperture and process stub
An appliance other than a small appliance may be sold only if it has a servicing aperture for removing refrigerant at servicing and disposal. Appliances containing only exempt refrigerants are excluded.
“No person may sell or distribute, or offer for sale or distribution, any appliance (except small appliances and appliances containing only refrigerants that have been exempted under paragraph (a)(1) of this section) unless it is equipped with a servicing aperture to facilitate the removal of refrigerant at servicing and disposal.”
A small appliance may be sold only if it has a process stub for removing refrigerant at servicing and disposal. Appliances containing only exempt refrigerants are excluded.
“No person may sell or distribute, or offer for sale or distribution, any small appliance (except appliances containing only refrigerants that have been exempted under paragraph (a)(1) of this section) unless it is equipped with a process stub to facilitate the removal of refrigerant at servicing and disposal.”
A process stub is a length of tubing that gives access to the refrigerant in a small appliance or room air conditioner and can be resealed after repair or service.
“Process stub means a length of tubing that provides access to the refrigerant inside a small appliance or room air conditioner and that can be resealed at the conclusion of repair or service.”
Sources
- eCFR: 40 CFR 82.154, Prohibitions (as of Nov 3, 2026)Checked November 5, 2026
- eCFR: 40 CFR 82.152, Definitions (as of Nov 3, 2026)Checked November 5, 2026