Unlocking the circular economy: FluoroFusion's formal AIM Act petition to the EPA
On December 18, 2025, FluoroFusion Specialty Chemicals filed a petition under Subsection (i)(3) of the American Innovation and Manufacturing (AIM) Act and 40 CFR § 84.62, calling on the U.S. Environmental Protection Agency (EPA) to amend the Technology Transitions Rule (TTR).
EPA lists the petition on its Petitions for Reconsideration and Judicial Review page under AIM Act subsection (i), with a status of Under Review, and hosts the filed petition on epa.gov. Status shown as of the date of this post.
The petition establishes a clear, market-based compliance pathway for domestically reclaimed regulated substances across the refrigeration, air-conditioning, and heat pump (RACHP) sectors. By granting an exemption or assigning an "effective GWP of zero" to domestically reclaimed gas, the EPA can simultaneously lower consumer equipment costs, expand U.S. reclamation capacity, eliminate supply bottlenecks, and reduce reliance on imported virgin material.
1. The core proposal: two pathways to reclaimed market parity
FluoroFusion's formal petition asks EPA Administrator Lee Zeldin to amend 40 CFR Part 84 Subpart B to recognize that re-refining an existing gas molecule avoids the production-attributable emissions of manufacturing virgin gas.
The primary request: full TTR exemption
Exempt domestically reclaimed regulated substances, and the reclaimed fraction of blended refrigerants, from the Global Warming Potential (GWP) use restrictions codified under 40 CFR § 84.54 across all RACHP subsectors, provided the equipment is charged and serviced exclusively with domestically reclaimed gas.
The alternative request: effective GWP = 0 assignment
Assign an "effective GWP" value of zero to domestically reclaimed regulated substances and reclaimed blend fractions within the blend-calculation framework under 40 CFR § 84.64(b). Under this approach, the reclaimed portion of any blend counts as zero GWP toward meeting subsector transition caps.
Protection against future SNAP delisting
Complement these regulatory amendments with a programmatic policy commitment to limit future Significant New Alternatives Policy (SNAP) delisting decisions for high-GWP gases strictly to virgin production, explicitly permitting the ongoing sale and deployment of those molecules when domestically reclaimed.
2. Bridging the affordability gap for consumers and businesses
The immediate implementation of GWP limits on new equipment has created severe cost pressures for residential homeowners, small businesses, and commercial facility operators. Next-generation low-GWP systems (such as A2L equipment) often carry higher upfront equipment premiums, require specialized technician training, and face persistent component supply chain vulnerabilities originating in foreign markets.
Economic benefits of a reclaim compliance pathway
The following describes what the petition would do if EPA grants it. None of it is in effect today.
Equipment affordability: Would allow manufacturers to continue producing and importing proven legacy equipment designs (such as R-410A units), provided those systems are tied directly to certified reclaimed refrigerant supplies.
Supply chain onshoring: Would displace virgin HFC and HFO imports sourced abroad, keeping chemical supply chains, skilled processing jobs, and capital investment within the United States.
Consumer relief: Would give price-sensitive residential and commercial property owners an affordable, technically familiar option for new installations without altering standard maintenance protocols for existing equipment.
Market incentives for recovery: Would drive high market demand for recovered gas, making job-site recovery financially attractive and curbing illegal venting.
Until and unless EPA acts on the petition, the GWP limits at 40 CFR 84.54 apply as written. It's also worth distinguishing servicing from installation: reclaimed refrigerant may already be used to service existing equipment, and the restrictions at issue in the petition concern the manufacture, import, sale, and installation of new systems.
3. Scientific basis: life-cycle assessments cited in support of zero-GWP reclaim
FluoroFusion's petition includes a simplified life-cycle comparison at Appendix A, comparing new residential split-system air conditioners charged with reclaimed R-410A against baseline systems charged with virgin R-32.
Key scientific findings from published LCA literature
72% to 90% carbon footprint reduction: Published life-cycle studies (Daikin, 2023; Hudson Technologies & RMI, 2024) report that the cradle-to-gate carbon footprint of re-refining recovered refrigerant is 72% to 90% lower than manufacturing virgin HFCs or HFOs.
Avoided virgin manufacturing: Using reclaimed R-410A draws directly from the existing "bank" of installed gas, avoiding the raw material extraction, chemical synthesis, and international shipping emissions tied to virgin gas production.
Indirect electricity dominance: Life-Cycle Climate Performance (LCCP) models consistently show that indirect emissions from grid electricity use account for the vast majority of an air conditioner's total climate impact over its 15-year lifespan. Because reclaimed R-410A systems and virgin R-32 systems operate at comparable seasonal efficiencies, their net real-world climate impacts are comparable, or favor reclaimed R-410A when avoided upstream manufacturing is factored in.
4. The policy precedent: following California's proven model
A nationwide reclaim exemption is not an untested concept. The California Air Resources Board (CARB) established the regulatory framework proving that GWP limits and reclaimed gas exemptions successfully co-exist:
Bulk service exemptions: California imposes strict GWP caps on bulk refrigerants but explicitly exempts certified reclaimed refrigerants to encourage recovery and reuse in existing infrastructure.
OEM reclaimed mandates: California implemented minimum reclaimed usage requirements for air conditioning and Variable Refrigerant Flow (VRF) manufacturers (17 CCR § 95376) for two years as a condition for extended transition timelines.
Adopting this model at the federal level gives the EPA a field-tested, enforceable blueprint to maximize circularity across all 50 states.
5. Enforceability and chain-of-custody safeguards
To prevent greenwashing and ensure strict compliance, FluoroFusion proposed a labeling, tracking, and audit framework:
Equipment and cylinder labeling
Equipment labels: New legacy-design equipment certified under the reclaim pathway would be required to carry permanent, visible labels reading, for example: "This equipment is certified for use only with domestically reclaimed regulated substances, as defined in 40 C.F.R. § 84.52. Charging or servicing this equipment with non-reclaimed regulated substances may violate federal law." This is label language proposed in the petition. It is not a current requirement.
Cylinder verification: Reclaimed gas containers would carry reclaimer certification numbers, batch IDs, and QR codes linking to verification data. The petition proposes these measures as voluntary enforcement safeguards. Container tracking and QR-code requirements previously adopted under 40 CFR Part 84 were vacated by the D.C. Circuit and removed from the regulations effective September 2024, so no such requirement is currently in force.
Audit and supply chain tracking
Contractual proof: Equipment OEMs utilizing the reclaim pathway would maintain verifiable supply contracts with EPA-certified domestic reclaimers.
Third-party audits: Manufacturers would submit to annual third-party audits and annual compliance reporting to verify that initial charges originate from certified domestic reclamation facilities.
Summary of petition scope
FluoroFusion requests that this targeted compliance pathway apply across all major RACHP subsectors listed under 40 CFR § 84.54, including:
Residential and light commercial air conditioning and heat pumps
Variable Refrigerant Flow (VRF) systems
Commercial refrigeration (supermarket systems, remote condensing units, cold storage)
Industrial process refrigeration and chillers
Transport refrigeration
By granting this petition, the EPA can lower transition costs for American consumers, fortify domestic manufacturing, and achieve the true climate protection goals of the AIM Act.
The regulatory positions described in this post are positions FluoroFusion has filed with EPA. They are not legal advice, and nothing here authorizes any use of a refrigerant that current regulations restrict. The GWP limits at 40 CFR 84.54 remain in effect as written.
Resources and links
Download the full petition: read the complete 21-page filing, including the Appendix A life-cycle comparison, on our Insights Hub. The petition as filed is also posted on EPA's website.
Learn more about our technologies: explore our synthetic blend R-4106A (GWP 681 per 40 CFR 84.64) and natural refrigerant portfolio Arctic Eagle Origins.
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