Hydrochlorofluorocarbons (HCFCs) and Hydrofluorocarbons (HFCs)
Significant New Alternatives Policy Program
Section 612 of the Clean Air Act requires EPA to develop a program for evaluating alternatives to ozone-depleting substances. EPA created the Significant New Alternatives Policy (SNAP) program, which expands the list of acceptable substitutes to ozone-depleting substances and lists unacceptable substitutes. EPA has been regulating under the program since the early 1990s. Past EPA rules under the SNAP program have considered global warming potential as a criterion in evaluating the impacts of substances under consideration.
First Trump Administration (2017–2020)
On April 27, 2018, EPA announced that it will not enforce the 2015 SNAP rule, and will begin a notice-and-comment rulemaking to address the remand of the rule. 83 Fed. Reg. 18,431 (Apr. 27, 2018). (See Natural Resources Defense Council v. Wheeler in “Litigation” below.)
Obama Administration (2009–2016)
On December 1, 2016, among other things, EPA listed certain substances as acceptable in refrigeration, air conditioning, and fire suppression; listed several substances as unacceptable in certain end uses in refrigeration and air conditioning; and changed the listing status for certain substances that had been listed as acceptable in refrigeration, air conditioning, and foam blowing. 81 Fed. Reg. 86,778 (Dec. 1, 2016).
On July 20, 2015, also under the Significant New Alternatives Policy program, EPA made changes to the listing for certain HFCs used in aerosols, refrigeration and air conditioning, and foam blowing, and prohibited the use of HFCs that are powerful greenhouse gases as replacements for ozone-depleting substances. 80 Fed. Reg. 42,870 (July 20, 2015). (See Mexichem Fluor v. EPA in “Litigation” below.)
In April 2015, EPA published a rule to name five refrigerants acceptable substitutes to ozone-depleting HCFCs in compliance with the agency’s Significant New Alternatives Policy (SNAP) program. 80 Fed. Reg. 19,454 (Apr. 10, 2015). The substitutes are to be used in several end uses, including household and stand-alone commercial refrigerators, vending machines, and room air conditioning units, subject to use conditions. The substitutes (ethane, isobutane, propane, HFC-32, and R-441A) are legal to use in new appliances, and are exempt from the Clean Air Act Section 608’s prohibition on venting, release, or disposal.
Litigation
Challenge to 2018 Rule - Natural Resources Defense Council v. Wheeler
On June 26, 2018, the Natural Resources Defense Council filed a petition for review of the 2018 rule. On April 7, 2020, the D.C. Circuit Court of Appeals ruled that EPA acted unlawfully by announcing that it would not enforce the 2015 rule prohibiting the use of HFCs as substitutes for ozone-depleting substances. The Court explained that in Mexichem, it held that EPA could not compel operators who had already switched to HFCs to make another switch to a new substitute--but that EPA did have the authority to prohibit operators currently using ozone-depleting substances from switching to HFCs in the first place. The Court ruled that EPA could not stop enforcing the 2015 rule without going through notice-and-comment rulemaking.
Challenge to July 2015 Rule - Mexichem Fluor v. EPA
On September 17, 2015, manufacturers filed a petition for review of EPA’s rule promulgated in July 2015. On August 8, 2017, the D.C. Circuit Court of Appeals ruled that EPA lacked authority to force regulated entities that had already switched from ozone-depleting substances to HFCs to switch to another substitute.