Overview of the EPA's Previous HFCs Rules Under the SNAP Program
In 1994, the EPA believed that HFCs were an appropriate substitute for ozone-depleting substances used in refrigeration, air-conditioning, and aerosol products. In 2015, the EPA shifted course, determining based on climate change concerns that HFCs'which are greenhouse gases'should no longer be considered a safe substitute. EPA therefore issued a rule under the Significant New Alternatives Policy ("SNAP") Program to prohibit the use of certain HFCs, claiming authority under Section 612 of the Clean Air Act (the "2015 Rule").
In 2017, the D.C. Circuit determined that the EPA exceeded its statutory authority in the 2015 Rule by regulating entities that were currently using HFCs and vacated the 2015 Rule to the extent it required manufacturers to replace HFCs with a substitute substance. Mexichem Fluor, Inc. v. U.S. Envtl. Prot. Agency, 866 F.3d 451 (D.C. Cir. 2017).
In response, in 2018, the EPA promulgated a rule to allow interim use of HFCs by manufacturers (the "2018 Rule"). In 2020, the D.C. Circuit vacated the 2018 Rule for failing to follow the proper notice-and-comment process. Natural Res. Def. Council v. Wheeler, 955 F.3d 68 (D.C. Cir. 2020).
In 2021, the EPA promulgated a rule that lists new alternative substances under the SNAP Program for the refrigeration and air-conditioning sector (the "2021 Rule"). This rule refers...
