Current Status
On Sept. 21, 2022, the US Senate ratified the Kigali Amendment to reduce the production and use of hydrofluorocarbons (HFCs). On Dec. 27, 2020, in a year-end omnibus bill, Congress passed the AIM ACT to phase down production and consumption of HFCs 85% by 2036. EPA has issued multiple rules to implement this mandate, most recently in Oct. 2024.
Why it Matters
Hydrofluorocarbons, or HFCs, are among the most potent greenhouse gases, with a global warming potential hundreds to thousands times more than carbon dioxide in a shorter time span. HFCs are commonly used in refrigeration, air conditioning, building insulation, and aerosols. The 1987 Montreal Protocol, which was created to protect the diminishing ozone layer, led to a large increase in the use of HFCs. At the time , HFCs were thought to be acceptable substitutes for ozone layer-depleting chlorofluorocarbons (CFCs). In 2016, the international community, led by the United States, adopted the Kigali Amendment to the Montreal Protocol, to phase out the use of HFCs. In Sept. 2022, the US Senate ratified the Kigali Amendment.
Under Section 608 of the Clean Air Act, EPA regulates the management of appliances that use ozone-depleting refrigerants. Section 608 prohibits knowingly releasing ozone-depleting refrigerants into the air during the maintenance, repair, or disposal of appliances or industrial process refrigeration. Under the related regulations, HFCs are considered “substitute refrigerants,” because they were originally developed as a safer substitute for CFCs and other ozone-depleting refrigerants.
Before ratification of the Kigali Amendment, EPA used its Clean Air Act authority to regulate the use of HFCs during the Obama administration. However, under President Trump, EPA reversed these changes, weakening requirements restricting the release of HFCs and allowing the use of HFCs as an acceptable substitute for refrigeration, air conditioning, and fire suppression.
This page covers some, but not all, EPA rules governing the use of HFCs. For more information, see EPA’s page on Reducing HFCs.
Key Resources
- EELP’s table tracking litigation over EPA’s final rules addressing HFCs under the Clean Air Act and AIM Act (last updated July 29, 2024).
Timeline
Oct. 11, 2024 EPA issued a final rule to implement provisions of the AIM Act for management of certain HFCs and substitutes, which will go into effect on Dec. 10, 2024.
Dec. 26, 2023 EPA issued an interim final rule, effective immediately, to amend the Technology Transitions Program under the AIM Act extending the compliance deadline for installing new residential and light commercial air conditioning and heat pump systems using components manufactured or imported prior to January 1, 2025. The one-year extension, until January 1, 2026, aimed to limit stranded inventory intended for new residential construction.
Oct. 24, 2023 EPA finalized a rule to further restrict the use of certain hydrofluorocarbons under the 2020 American Innovation and Manufacturing Act. The rule restricted the use of HFCs within the refrigeration, air conditioning, heat pump, foam, and aerosol sectors and 40 subsectors. It established a process for submitting technology transition petitions, recordkeeping and reporting requirements, and addresses petitions granted in Oct. 2021 and Sep. 2022. Semiconductor Equipment & Materials International and Chemours Co. challenged the rule. Semiconductor Equip. and Materials Int’l v. EPA, No. 23-01344 (D.C. Cir.). Chemours Co. v. EPA, No. 23-01345 (D.C. Cir.) (consolidated under 23-01344).
Jul. 11, 2023 EPA finalized a rule for the phase down of hydrofluorocarbon production and consumption allowances through 2028. The rule would reduce hydrofluorocarbon use by 40% through 2028. On July 12, EPA issued a final rule correcting the baseline figure for hydrofluorocarbon production downward by 0.005 percent.
Oct. 8, 2021 EPA granted or partially granted 11 petitions submitted under the AIM Act to restrict HFCs in the refrigeration and air conditioning, aerosols, and foam sectors. EPA must propose and finalize rules to address these petitions within two years.
Oct. 5, 2021 EPA finalized a rule implementing provisions of the AIM Act to reduce HFCs by 85 percent over the next 15 years, starting with a 10 percent reduction in the next year. Refrigerant makers and contractors challenged the rule. Heating, Air-Conditioning, & Refrigeration Dist. Intl. (HARDI) et al., v. EPA, No. 21-1251 (D.C. Cir.); Worthington Ind. Inc. v. EPA, et al, No. 21-1252 (D.C. Cir.); RMS of Georgia, LLC v. EPA, No. 21-1253 (D.C. Cir.) (consolidated under Docket No. 21-1251). On June 20, 2023, the D.C. Circuit struck down the rule’s transport and tracking provisions, but upheld EPA’s authority to regulate HFCs in blends. HARDI, et al., v. EPA, No. 21-1251 (D.C. Cir.).
Jan. 27, 2021 President Biden issued Executive Order 14008 (“Tackling the Climate Crisis at Home and Abroad”) requiring the Secretary of State to seek the Senate’s advice and consent to ratify the Kigali Amendment within 60 days. On Sept. 21, 2022, the Senate ratified the Kigali Amendment by a vote of 69 to 27. The US joins 137 other nations that have agreed to reduce the production and use of hydrofluorocarbons under the pact.
Dec. 27, 2020 In a year-end omnibus bill, Congress passed the American Innovation and Manufacturing (AIM) Act to phase down production and consumption of HFCs 85% by 2036. The law also preempted new state regulations for certain uses of HFCs for at least five years. A refrigerant company challenged the law, alleging the AIM Act violated the Constitution by granting EPA legislative authority. RMS of Georgia, LLC v. EPA, No. 1:23-cv-04516 (N.D. Georgia). Litigation is ongoing.
Dec. 11, 2020 EPA finalized a rule expanding the list of acceptable substitutes in the Significant New Alternatives Policy (SNAP) Program, including an HFC substance as an acceptable substitute.
March 17, 2020 EPA finalized a rule setting production and consumption allowances for specific HFCs for 2020-2029, and updating other requirements under the program for controlling production and consumption of ozone-depleting substances.
March 11, 2020 EPA finalized the Protection of Stratospheric Ozone: Revisions to the Refrigerant Management Program’s Extension to Substitutes rule, rescinding requirements for leak repair and maintenance of appliances using 50 or more pounds of substitute refrigerants, such as HFCs. These appliances included medium- and large-scale refrigeration and air-conditioning equipment, and are no longer subject to rules requiring: repair for leaks above a certain level; periodical inspection for leaks; reporting of chronic leaks to the EPA; retrofitting or retiring appliances with chronic leaks; or maintaining records. EPA estimated the rule will generate an increase of 2.9 million metric tons of carbon dioxide equivalent (MMTCO2) emissions annually.
April 27, 2018 EPA published guidance regarding the Significant New Alternatives Policy (SNAP) Program clarifying the impact of the DC Circuit’s partial vacatur of the 2015 rule, stating that EPA will not apply the HFC listings in the 2015 rule, pending a future rulemaking. On April 7, 2020, the D.C. Circuit vacated EPA’s guidance, holding that EPA did not properly implement the court’s decision and should have gone through notice-and-comment procedures. Nat. Res. Def. Council v. Wheeler, No. 18-01172 (D.C. Cir.) (consolidated with 18-01174).
Dec. 1, 2016 EPA finalized a rule under EPA’s SNAP Program listing new substitutes, revising the listing status for certain existing substitutes, and extending unacceptability determinations from foam-blowing agents to closed cell foam products. Chemical companies challenged the rule, and on Apr. 5, 2019, the D.C. Circuit vacated the 2016 rule to the extent it required manufacturers to replace HFCs previously installed as substitutes for ozone-depleting substances. Mexichem Fluor v. EPA, No. 17-01024 (D.C. Cir.) (consolidated with 17-01030).
Nov. 18, 2016 EPA finalized a rule updating rules managing refrigerants, extending existing requirements to substitute refrigerants including HFCs. The rule also lowered the leak rate thresholds triggering the duty to repair certain refrigeration and air-conditioning equipment; required regular inspections for equipment that exceeded thresholds; and extended sales restrictions to HFCs and other non-exempt substitutes, with some exceptions.
Oct. 15, 2016 The international community reached agreement on the Kigali Amendment to the Montreal Protocol to phase out HFCs because of their global warming potential. For a list of countries that have since ratified the amendment, click here.
July 20, 2015 EPA finalized a rule to phase out certain uses of HFCs as part of the Significant New Alternatives Policy (SNAP) program under the Clean Air Act. The rule reclassified a list of acceptable substitutes for ozone-depleting chemicals based in part on their global warming potential (GWP). The substitutes are classified under three categories: acceptable, subject to narrowed use limits, or unacceptable. The continued use of chemical substitutes on the unacceptable list is prohibited. Two companies challenged the 2015 rule and on Aug. 8, 2017, the D.C. Circuit partially vacated EPA’s 2015 HFC rule, finding that Section 612 of the Clean Air Act does not allow EPA to require replacement of non-ozone depleting substances such as HFCs. Mexichem Fluor v. EPA, No. 15-1328 (D.C. Cir.) (consolidated with No. 15-1329). The Supreme Court denied cert on Oct. 9, 2018. Nos. 17-1703, 18-2 (US).