EPA Proposes Tighter Regulations on Certain HFCs in Bid to Curb Climate Change

By Chris Kozak, Plews Shadley Racher & Braun LLP

Recently, the Environmental Protection Agency (EPA) announced a proposed rule that would “require the control, capture, and/or destruction” of a HFC-23, a hydrofluorocarbon byproduct that the EPA described as a “very potent greenhouse gas.” 86 Fed. Reg. 53916. HFC-23 is produced in the manufacture of HCFC-22, commonly known as Freon, which was widely used as a refrigerant and coolant. 

In recent years, the EPA has imposed strict regulations on Freon use under the Clean Air Act, 40 CFR Part 82, aiming to “implement the phaseout of these chemicals” because of their impact on climate change. 86 Fed. Reg. 53917. Under current rules, Freon can be manufactured for a few narrow purposes, one of which is “for use in a process in which the Freon is used and entirely consumed, except for trace quantities, in the manufacture of other chemicals.” HCFC-22 is, for example, used to manufacture “synthetic polymers,” a family of artificial, petroleum-based substances that include nylon, polyester, epoxy, Teflon, and vulcanized rubber. 

If the EPA’s proposal is adopted, companies that continue to manufacture Freon for these limited legal purposes will be barred from emitting more than 0.1 percent of the HFC-23 produced in their manufacturing process. The rule will require entities to (1) capture, (2) employ for a commercial purpose, or (3) destroy the HFC-23 using technology approved by the EPA. 

EPA is soliciting comments on the proposed rule, which are due by November 15, 2021. 

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