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House Republicans Urge EPA to Reconsider HFC Rule
Lawmakers say the rule hurts small businesses and offers minimal environmental benefit
RULE RECONSIDERATION: Lawmakers are asking the EPA to reconsider the HFC Management Rule (Staff photo)
On July 14, 11 House Republicans sent a letter to the Environmental Protection Agency (EPA), requesting “prompt reconsideration of the HFC Management Rule in order to avoid the rule’s unnecessary impact.” Lawmakers had initially sought to nullify the rule through the Congressional Review Act (CRA) but missed the limited window for CRA action.
The final rule — Management of Certain Hydrofluorocarbons and Substitutes – falls under subsection (h) of the AIM Act. It established the Emissions Reduction and Reclamation (ER&R) program, which is designed to improve the management, recycling, and reuse of HFCs. Some of the provisions in the rule include:
- Repairing leaking equipment;
- Installing automatic leak detection systems on large refrigeration systems;
- Using reclaimed HFCs to service certain existing equipment; and
- Removing HFCs from disposable cylinders prior to disposal.
In the letter, lawmakers raised concerns about the financial burden the rule could place on American businesses, particularly those already struggling to meet overlapping regulatory standards. They argued that the rule introduces overly broad and burdensome requirements not explicitly mandated by the AIM Act -- and does so on a far more aggressive timeline than Congress originally intended.
The lawmakers also argue that the HFC Management Rule will cost companies billions of dollars with little environmental gain. In addition, they highlighted concerns about leak detection burdens in warm climates, rising energy use due to the use of lower-GWP A2L refrigerants, and current refrigerant shortages.
According to the letter, “Small, American-run, and family-owned businesses in all our districts are already hurting from the implementation of these rules. These costs are being passed down to consumers, resulting in higher grocery prices, which have the greatest impact on families who can least afford it.”
One of the letter’s authors, Congressman Neal Dunn (Florida-02), noted in a separate press release that American businesses are already beginning to phase out HFCs and adopt next-generation technologies, as required by the Technology Transitions rule in the AIM Act. “Unfortunately, the EPA’s Final Rule on HFCs moves up the timeline of the phaseout process considerably.”
The EPA is in the process of reconsidering the Technology Transition rule.
Dunn added that, “We cannot allow the cost of this onerous Biden regulation to fall on American families and small business owners who can least afford it. I am optimistic that [EPA] Administrator [Lee] Zeldin will listen to the needs of American families and businesses by rescinding this Final Rule.”
The AIM Act, which gave the EPA authority to regulate HFCs, was signed into law by President Trump in 2020 and was implemented through the rulemaking process under the Biden administration.
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