1. (1) Purpose and applicability

   1. (a) The purpose of 335-17-7-.17 is to reduce emissions of ignitable spent refrigerants to the lowest achievable level by maximizing the recovery and safe recycling for reuse of such refrigerants during the service, repair, and disposal of appliances.
   2. (b) The requirements of 335-17-7-.17 operate in lieu of 335-14-1 through 335-14-9 and apply to lower flammability spent refrigerants, as defined in 335-14-7-.17(2), where the refrigerant exhibits the hazardous waste characteristic of ignitability per 335-14-2-.03(2) and is being recycled for reuse in the United States.
   3. (c) These requirements do not apply to other ignitable spent refrigerants. Ignitable spent refrigerants not subject to 335-17-7-.17 are subject to all applicable requirements of 335-14-1 through 335-14-9 when recovered (i.e., removed from an appliance and stored in an external container) and/or disposed of.
2. (2) Definitions for 335-17-7-.17. For the purposes of 335-17-7-.17, the following terms have the meanings given below:
3. (a) Refrigerant has the same meaning as defined in 40 CFR 82.152.
4. (b) Ignitable spent refrigerant is a used refrigerant that cannot be reused without first being processed, and that exhibits the hazardous characteristic of ignitability per 335-14-2-.03(2). Used refrigerants that can be legitimately reused without processing are not spent refrigerant.
5. (c) Recycle for reuse, when referring to an ignitable spent refrigerant, means to process the refrigerant to remove contamination and prepare it to be used again. “Recycle for reuse” does not include recycling that involves burning for energy recovery or use in a manner constituting disposal as defined in 335-14-2-.01(2)(c), or sham recycling as defined in 335-14-2-.01(2)(g).
6. (d) Lower flammability spent refrigerant means a spent refrigerant that is not considered highly flammable. Highly flammable refrigerants include but are not limited to the following chemicals: butane, isobutane, methane, propane, and/or propylene.(3) Standards for ignitable spent refrigerant recycled for reuse under 335-17-7-.17.(a) Persons who recover (i.e., remove from an appliance and store in an external container) and/or recycle ignitable spent refrigerants for reuse either for further use in equipment of the same owner, or in compliance with motor vehicle air conditioner (MVAC) standards in 40 CFR part 82, subpart B, or who send recovered refrigerant off-site to be recycled for reuse must:1. Recover and/or recycle for reuse the ignitable spent refrigerant using equipment that is certified for that type of refrigerant and appliance under 40 CFR §§ 82.36 and/or §§ 82.158;and2. Not speculatively accumulate the ignitable spent refrigerant per 335-14-1-.02(1)(a).(b) Persons who receive ignitable spent refrigerants from off-site, and are not a transfer facility that stores the refrigerants for less than ten (10) days before sending the refrigerant to another site to be recycled for reuse, must:1. If recovering the refrigerant, recover the ignitable spent refrigerant using equipment that is certified for that type of refrigerant and appliance under 40 CFR § 82.36;2. Meet the applicable emergency preparedness and response requirements of 335-14-2-.13; and3. Not speculatively accumulate the ignitable spent refrigerant per 335-14-1-.02(1)(a).(c) Persons receiving ignitable spent refrigerant from off-site to be recycled for reuse under 335-17-7-.17 must:1. Maintain certification by EPA under 40 CFR §82.164;2. Meet the applicable emergency preparedness and response requirements of 335-14-2-.13; and3. Starting with the calendar year beginning January 1, 2029, not speculatively accumulate the ignitable spent refrigerant per 335-14-1-.02(1)(a).

Author: Jonah Harris

Statutory Authority: Code of Alabama 1975, §§ 22-30-11, 22-30-14, 22-30-15 and 22-30-16

History: New Rule: Published December 31, 2025; effective February 14, 2026.