Hydrochlorofluorocarbons (HCFCs) and Hydrofluorocarbons (HFCs)

HCFC and HFC Emissions Control under the Clean Air Act

Sections 603 and 605 of the Clean Air Act authorize EPA to regulate hydrochlorofluorocarbons (HCFCs) and hydrofluorocarbons (HFCs), including by establishing monitoring and reporting requirements; phasing out production and consumption; restricting use; and regulating production.

On September 29, 2021, the Environmental Protection Agency proposed a rule under its Clean Air Act authority that would require manufacturing plants to control, capture, and/or destroy HFC-23. 86 Fed. Reg. 53,916 (Sept. 29, 2021). HFC-23 is a powerful greenhouse gas that, according to EPA, has a substantially longer atmospheric lifetime and higher global warming potential than all other HFCs. Under the proposed rule, HFC-23 must be captured and used or destroyed, thereby ensuring it is not directly emitted. The rule would only affect plants that continue to manufacture HCFCs under an exception to the HCFC phaseout under the Clean Air Act and its implementing regulations. On June 16, 2022, EPA withdrew the proposed rule. 87 Fed. Reg. 36,282 (June 16, 2022).

Biden Administration (2021-2024)

On September 29, 2021, the Environmental Protection Agency proposed a rule under its Clean Air Act authority that would require manufacturing plants to control, capture, and/or destroy HFC-23. 86 Fed. Reg. 53,916 (Sept. 29, 2021). HFC-23 is a powerful greenhouse gas that, according to EPA, has a substantially longer atmospheric lifetime and higher global warming potential than all other HFCs. Under the proposed rule, HFC-23 must be captured and used or destroyed, thereby ensuring it is not directly emitted. The rule would only affect plants that continue to manufacture HCFCs under an exception to the HCFC phaseout under the Clean Air Act and its implementing regulations. On June 16, 2022, EPA withdrew the proposed rule. 87 Fed. Reg. 36,282 (June 16, 2022).