LeakLedgerPart 84 guide
Retrofit or Retirement Plans Under §84.106(h): Triggers, Contents and Deadlines
Sometimes repairing a leaking appliance isn't the answer. Part 84 lets an owner retrofit or retire it instead — and requires a written plan when that happens, or when repairs fail. The plan has required contents and a one-year schedule (40 CFR 84.106(h)–(i)).
When a plan is required
Within 30 days of any of these (§84.106(h)(1)):
- the appliance leaks above its threshold and the owner or operator intends to retrofit or retire it rather than repair;
- the appliance leaks above its threshold and the owner or operator fails to take any action to identify or repair the leaks; or
- the appliance continues to leak above the threshold after the required repairs and verification tests.
What the plan must contain
At a minimum (§84.106(h)(2)):
- Identification and location of the appliance
- Type and full charge of the refrigerant now used
- Type and full charge of the refrigerant it will be converted to, if retrofitted
- An itemized procedure for the conversion, including changes needed for compatibility, if retrofitted
- A plan for the disposition of recovered refrigerant
- A plan for the disposition of the appliance, if retired
- A schedule, not over one year, for completing the retrofit or retirement
The plan must be signed by an authorized company official, dated, available at the appliance's site on paper or electronically, and available to EPA on request (§84.106(h)(3)). All identified leaks must be repaired as part of any retrofit (§84.106(h)(4)), and the owner keeps the plan with the other records (§84.106(l)(8)).
The one-year schedule
Unless more time is granted, all work under the plan must be finished within one year of the plan's date (§84.106(h)(5)(i)). Mothballing the appliance pauses these time frames until refrigerant is added again (§84.106(i)).
Getting out of the plan
If, within 180 days of the plan's date, the owner can show the appliance no longer exceeds the threshold and agrees in writing to repair all identified leaks within one year of the plan, they can ask EPA to be relieved of the obligation to retrofit or retire. The request goes to EPA with the plan and the supporting details, and is approved unless EPA objects within 60 days (§84.106(h)(5)(ii)).
More than a year
Extensions beyond one year are available in limited circumstances — the rule's detailed conditions focus on industrial process refrigeration — and must be requested electronically within seven months of discovering the exceedance, with the reasons and a completion estimate (§84.106(i)). Read §84.106(i) carefully before relying on an extension.
What contractors contribute
The plan is the owner's document, but it is built from contractor knowledge: the current refrigerant and charge, the retrofit refrigerant and procedure, what will happen to the recovered refrigerant and the old equipment, and a realistic schedule. A contractor who can produce the appliance's leak history and repair record on request makes that decision easier — and is usually the one who wins the retrofit job.
In LeakLedger, recording a retrofit or retire decision replaces the open repair items with a plan due date 30 days out, and a later retrofit or retirement closes it. See how the deadlines chain together in the 30-day repair clock.
Do this math for every appliance automatically
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This guide summarizes 40 CFR 84.102, 84.106 and 84.108 as published in the eCFR. It is not legal advice; where the rule is unclear we say so. Read the rule: 40 CFR Part 84, Subpart C.