For EPA Section 608 technicians, one practical question is what to do with a disposable refrigerant cylinder once you are finished with it. EPA's rule for hydrofluorocarbons (HFCs) answers it in 40 CFR 84.116, "Requirements for disposable cylinders". The section was added by a final rule published in the Federal Register on October 11, 2024 (89 FR 82682), which states: "This rule is effective December 10, 2024." The cylinder requirements themselves start on a later date written into the rule: January 1, 2028. This explainer reads the current eCFR text; it does not describe a new rule change.
Which cylinders does the rule cover?
Section 84.116(a) applies "As of January 1, 2028" to "any person who uses a disposable cylinder" when all three conditions are met:
- "(1) The disposable cylinder contains a regulated substance(s);"
- "(2) The disposable cylinder was used in the servicing, repair, or installation of refrigerant-containing equipment or fire suppression equipment; and"
- "(3) The person does not intend to use the disposable cylinder in future servicing, repair, or installation of refrigerant-containing equipment or fire suppression equipment."
A "regulated substance" here is an HFC: 40 CFR 84.3 defines it as "a hydrofluorocarbon listed in the table contained in subsection (c)(1) of the AIM Act" or a substance the Administrator adds, with a list in appendix A to Part 84.
Where must the used cylinder go?
When those conditions are met, the person must "send such disposable cylinder for further processing to remove the heel". Except for the technician option and the small-can exemption described below, section 84.116(b) lists four places it may be sent:
- "(1) A reclaimer certified under 40 CFR 82.164;"
- "(2) A fire suppressant recycler, if the disposable cylinder was used in the servicing, repair, or installation of fire suppression equipment;"
- "(3) A final processor, such as a landfill operator or a scrap metal recycler, who is capable of removing the heel from disposable cylinders; or"
- "(4) A refrigerant supplier (including but not limited to distributors and wholesalers), who is capable of removing the heel from disposable cylinders."
Each of those four recipients must, under 84.116(d), "remove all remaining contents from the disposable cylinder prior to discarding the disposable cylinder." When a final processor or a refrigerant supplier removes the heel, 84.116(c) says the regulated substance(s) removed from the heels "must be sent to a reclaimer certified under 40 CFR 82.164 or a fire suppressant recycler." If that removed refrigerant shows ignitability characteristics (per 40 CFR 261.21), 84.116(c)(1) requires it to go to a reclaimer certified under 40 CFR 82.164 "that is in compliance with the requirements at 40 CFR part 266, subpart Q."
Can a certified technician empty the cylinder instead?
Yes. Section 84.116(e) lets such a cylinder "be discarded to a final processor" without the steps in paragraphs (b) and (d) when all four conditions are met:
- "(1) The heel was removed by a certified technician;"
- "(2) The heel of the used disposable cylinder has been evacuated to a vacuum of 15 in-Hg prior to discarding the cylinder;"
- (3) the certified technician provides a certification statement that "certifies that the heel was evacuated to a vacuum of 15 in-Hg; states the name and address of the certified technician who evacuated the cylinder(s) and the date the cylinder(s) was/were evacuated; and is signed by the certified technician who evacuated the cylinder(s)"; and
- (4) the technician discarding the cylinder gives "the signed certification statement described in paragraph (e)(3) of this section to the final processor (which may include a landfill operator or scrap metal recycler) when they discard the cylinder to the final processor."
"Certified technician" has a specific meaning in Subpart C. Section 84.102 defines it as "a technician that has been certified per the provisions at 40 CFR 82.161", which is the Section 608 technician certification rule.
Who keeps the record?
The final processor. Section 84.116(f) states: "A final processor who receives a disposable cylinder as described in paragraph (e) of this section must maintain a record of the signed statement for three years." The section does not set a separate record-keeping period for the technician.
Are small cans included?
No, if they qualify for the existing small-can exemption for motor vehicle air-conditioning refrigerant in 40 CFR 82.154(c)(1)(ix). Section 84.116(g) states: "Small cans of refrigerant that contain no more than two pounds of refrigerant and that qualify for the exemption described in 40 CFR 82.154(c)(1)(ix) are not subject to the requirements in paragraphs (b) through (f) of this section."
Why did EPA write this rule?
In the preamble to the 2024 final rule, EPA explains that the alternative technician option "helps to ensure the contents of disposable cylinders are effectively used and the remaining heel is negligible before the cylinder is discarded."
What this means for exam study
Section 84.116 is part of the HFC rules in 40 CFR Part 84, not the Section 608 rules in 40 CFR Part 82, Subpart F, and the rule text does not mention the 608 certification exam. Our EPA 608 Core study guide and refrigerant sales restriction guide cover the Part 82 rules, and the Core practice test lets you check yourself with our own questions.
Where to check before you act
The eCFR text above is the current regulation as of the date checked. EPA's regulations are the authority, so read 40 CFR 84.116 in the eCFR before you set up a cylinder process.
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