On December 9, 2022, the U.S. Environmental Protection
Agency (EPA) proposed a rule restricting the use of hydrofluorocarbons (HFCs).
In a prepublication document, the EPA proposed the restriction of HFCs in
refrigeration, air conditioning, heat pumps, foam blowing, and aerosols by 2025.
The restriction would only apply if more environmentally friendly alternatives
are available.
According to the EPA, HFCs are greenhouse gases that have high
global warming potential. HFCs have increasingly become used as replacements
for ozone-depleting substances in a wide variety of applications, including
refrigeration, air conditioning, building insulation, fire extinguishing
systems, and aerosols. Economic growth in the refrigeration and air conditioning
sectors has also contributed to the proliferation of HFCs.
The EPA’s latest proposal under the American Innovation and
Manufacturing (AIM) Act, which directs the EPA to implement regulations to
reduce and manage the use of HFCs, requires manufacturers that use HFCs with
high global warming potential in new products to switch to more “climate
friendly” alternatives by January 2025. Exports of products containing the
restricted HFCs would be banned by January 2026.
To support compliance and enforce the proposed prohibitions,
the EPA proposes labeling, reporting, and recordkeeping requirements for
products imported or manufactured using an HFC. The EPA also proposes a process
for the review of technology transitions petitions submitted under the AIM Act by
HFC using entities. These petitions would outline plans by HFC containing product
manufacturers and importers for the transition to more environmentally friendly
materials.
Once the proposed rule is published in the Federal Register,
there will be 45 days for the public to provide comments. Environmentalists, as
well as air conditioning, heating, and refrigeration industry members, have praised
the proposal.
The EPA previously proposed a rule establishing a baseline for regulatory reduction of HFCs to 60% of historic levels. The United States Senate has also ratified an international ozone protection agreement requiring the reduction of HFC emissions.
