Section 608 technicians already know the leak repair rules in 40 CFR 82.157, which cover appliances with a full charge of 50 or more pounds of a class I or class II (ozone-depleting) refrigerant, or of a blend containing one. A practical question is which appliances fall under EPA's separate leak repair rule for hydrofluorocarbons (HFCs): 40 CFR 84.106, "Leak repair". This explainer reads the current eCFR text; it does not describe a new rule change.
Which appliances does 84.106 cover?
Section 84.106(a) states: "This section applies to refrigerant-containing appliances with a full charge of 15 or more pounds of refrigerant where the refrigerant contains: (1) A regulated substance, (2) A substitute for a regulated substance that has a global warming potential greater than 53, based on the global warming potentials listed in table 1 of § 84.64(b)."
Two definitions matter here. Under 40 CFR 84.3, "Regulated substance means a hydrofluorocarbon listed in the table contained in subsection (c)(1) of the AIM Act and a substance included as a regulated substance by the Administrator"; the section adds that "A current list of regulated substances can be found in appendix A to this part." Under 40 CFR 84.102, a refrigerant-containing appliance is "any device that contains and uses a regulated substance or substitute for a regulated substance as a refrigerant including but not limited to any air conditioner, MVAC, MVAC-like appliance, refrigerator, chiller, or freezer." The same definition adds: "For such devices with multiple circuits, each independent circuit is considered a separate appliance."
"Full charge" is also defined in 84.102: "the amount of refrigerant required for normal operating characteristics and conditions of the appliance", determined by one or a combination of four methods, starting with "the equipment manufacturer's determination of the full charge".
Which appliances are excluded?
Section 84.106(a)(3) lists two exclusions. The requirements "do not apply to":
- "Appliances (as defined in 40 CFR 82.152) containing solely an ozone-depleting substance as listed in 40 CFR part 82, subpart A as a refrigerant"; and
- "Refrigerant-containing appliances used for the residential and light commercial air conditioning and heat pump subsector."
So a residential or light commercial air conditioner or heat pump is outside 84.106 even if its charge is 15 pounds or more. An appliance that holds only an ozone-depleting refrigerant is outside 84.106; the Part 82 leak repair rules in 82.157 cover it if its full charge is 50 or more pounds.
When did it start?
Section 84.106(a)(4) states: "The requirements of this section apply as of January 1, 2026."
What leak rates trigger a repair?
Section 84.106(c)(2) sets three leak rates:
- "20 percent leak rate for commercial refrigeration appliances";
- "30 percent leak rate for industrial process refrigeration appliances"; and
- "10 percent leak rate for comfort cooling appliances, refrigerated transport appliances, or other refrigerant-containing appliances with a full charge of 15 or more pounds of refrigerant not covered by paragraph (c)(2)(i) or (ii) of this section."
Under 84.102, comfort cooling appliances "include but are not limited to chillers, commercial split systems, dual-function heat pumps, and packaged roof-top units."
The owner or operator "must calculate the leak rate every time refrigerant is added to an appliance unless the addition is made immediately following a retrofit, installation of a new refrigerant-containing appliance, or qualifies as a seasonal variance" (84.106(b)). Leaks over the applicable rate must be repaired, unless the owner or operator elects to retrofit or retire the appliance under paragraphs (h) and (i).
How fast must leaks be repaired, and by whom?
Under 84.106(d), owners or operators must identify and repair leaks "within 30 days (or 120 days if an industrial process shutdown is required) of when refrigerant is added to a refrigerant-containing appliance exceeding the applicable leak rate". Section 84.106(c)(1) states: "Repairs must be conducted by a certified technician, as defined in this subpart." Section 84.102 defines a certified technician as "a technician that has been certified per the provisions at 40 CFR 82.161", the same Section 608 certification.
Repairs "must be documented by both an initial and a follow-up verification test or tests" (84.106(d)(2)). Paragraph (f) allows more time only under the conditions it lists or when the appliance is mothballed, and paragraph (h) sets the retrofit or retirement plan rules.
What paperwork does the technician hand over?
Section 84.106(b) states: "Persons adding or removing refrigerant from a refrigerant-containing appliance must, upon conclusion of that installation, service, repair, or disposal, provide the owner or operator with documentation that meets the applicable requirements of paragraph (l)(2) of this section." Under (l)(5) and (l)(7), certified technicians who conduct leak inspections or verification tests must also give the owner or operator documentation of that work.
Do large systems also need automatic leak detection?
A separate section, 40 CFR 84.108, requires an automatic leak detection system for "refrigerant-containing appliances used for industrial process refrigeration or commercial refrigeration with a full charge of 1,500 pounds or greater" of a covered refrigerant. Appliances installed on or after January 1, 2026 need one "upon installation of the refrigerant-containing appliance or within 30 days of installation", and those installed "on or after January 1, 2017, and before January 1, 2026" need one "by January 1, 2027."
Is anything proposed?
On May 26, 2026, EPA published a proposed rule in the Federal Register (document 2026-10388). Its summary states that EPA "is proposing an exemption for road and intermodal container transport refrigeration units (TRUs) from the leak repair requirements established under the American Innovation and Manufacturing (AIM) Act." The comment period closed on July 10, 2026. A proposal is not in effect: the eCFR text quoted above, including the 10 percent rate for "refrigerated transport appliances", is the rule as it stands.
What this means for exam study
Section 84.106 is a Part 84 rule. Our EPA 608 leak repair guide covers the Part 82 leak repair rules in 40 CFR 82.157, and the EPA 608 Core study guide covers the Core topics. Check the current rule text in eCFR before acting on any of the above.
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