The Nickel Report

As we approach the new year, several regulatory initiatives concerning hydrofluorocarbons (HFCs) are on the horizon with major implications to the retail industry with particular impact on the retail food industry. Since ozone depleting substances were phased out of the economy beginning in the 1990s, HFCs have been the most commonly used refrigerant in air conditioning and refrigeration appliances. Now EPA is phasing these refrigerants down based on their global warming potential (GWP).

This article was originally published on Law360.

On March 11, the U.S. Environmental Protection Agency completed an important rulemaking under Title VI of the Clean Air Act Amendments of 1990, revising its requirements applicable to the management of refrigerants in appliances and industrial process refrigeration.

The rulemaking corrects what the EPA states was an incorrect Obama-era interpretation of the Clean Air Act, that would have allowed the agency to issue sweeping and costly regulations for refrigerants that companies had invested in to alleviate the problem of ozone-layer depletion pursuant to the 1987 Montreal Protocol.