Well, folks, in an interesting turn of events, the EPA ban on refrigerant cylinders has been officially overturned. As many of you know, much of the HVAC industry was up in arms over this issue, and it was a hard fought battle over the past year. If you would like to be caught up on the latest, read this post now.
Here’s the most recent timeline of events current with the non-refillable refrigerant cylinder ban:
- September 2024: According to ACHR News, the U.S. EPA has formally removed its proposed provisions related to the non-refillable cylinder ban. Much of the HVAC industry has dubbed this a “victory.”
- June 2023 Update: On Tuesday, June 20, 2023, the D.C. Circuit struck down these provisions that require refillable cylinders and a QR-code based tracking system.
EPA Cylinder Ban Overview
The EPA cylinder ban was found in the first rule-making under the American Innovation and Manufacturing Act (AIM) Act of 2020, otherwise known as the new HFC phase down law in the United States, which phases down HFC refrigerants over the next 15 years.
In phasing down HFC refrigerants over the next 15 years, the AIM Act directs the EPA to address those HFCs in three ways:
- Phase down production and consumption
- Maximize reclamation and minimize releases from equipment
- Facilitate the transition to next-generation technologies through sector-based restrictions.
The first rule-making under the AIM Act focuses on #1, phasing down production and consumption. Where it gets complicated, and what you might not be aware of, is the enforcement of that allowance allocation and trading system.
This is where the EPA ban on refrigerant cylinders came into play. Yes, more specifically, there were certain provisions in this first rulemaking of the AIM Act that called for a ban on the use of non-refillable refrigerant cylinders and required the use of electronic tracking of HFC containers. Otherwise known as the “EPA cylinder ban.”
These provisions—most notably, the EPA non-refillable cylinder ban—were successfully challenged by several industry groups, including ACCA, HARDI, among others. In fact, in June of 2023, a federal appeals court struck down this portion of the AIM Act on Tues., June 20th.
The future of the ban is now clear.
As of September 2024, the ban on non-refillable cylinders was overturned.
The future of the EPA ban on refrigerant cylinders is no longer up in the air. For now, it seems it’s quieted down on this issue.
It’s not the first time this industry has seen a contentious lawsuit on refrigerant regulations. Update: A federal appeals court struck down this portion of the AIM Act on Tues., June 20th.
What is the EPA’s cylinder ban?
Here’s a brief overview of what the EPA cylinder ban called for and when. In essence, the EPA established a two-stage approach for transitioning to refillable cylinders:
- Compliance date of January 1, 2025 — For importing or filling disposable cylinders
- Compliance date of January 1, 2027 — For prohibiting the sale and distribution of disposable cylinders
The EPA’s authority to prohibit disposable cylinders has been challenged and struck down by a federal appeals court as of June 2023. Several industry groups filed a lawsuit to challenge the refrigerant cylinder ban and the QR code tracking requirement.
As of September 2024, the cylinder ban provisions have been removed by the U.S. EPA.
Oversight and Accountability Committee Requests Information from the U.S. EPA on the EPA Ban on Refrigerant Cylinders – February 2023
As of February 2023, this issue in the AIM Act has escalated. According to the CoolingPost.com, a United States House of Representatives committed has “requested documents and communications, as well as a staff-level briefing from the EPA, regarding its actions.”
D.C. Circuit Strikes Down Refillable Cylinder and QR-Code Tracking Requirements – June 2023
After a contentious few months, it’s breaking news that on Tuesday, June 20th, 2023, a federal appeals court struck down these requirements.
D.C. Circuit Strikes Down Refillable Cylinder and QR-Code Tracking Requirements – June 2023
After a contentious few months, it’s breaking news that on Tuesday, June 20th, 2023, a federal appeals court struck down these requirements. Stay tuned as this develops.
EPA Quietly Removes Cylinder Ban Provisions – September 2024
The EPA has removed the provisions.
Schedule Refrigerant Marketing Consultation
Well, that wraps up our latest update on the EPA’s cylinder ban and its potential impact on the HVAC-R industry. We hope this breakdown has helped you stay informed and better understand the challenges and opportunities that come with these regulatory changes.
However, navigating through industry shifts and complex policies can often feel overwhelming. If you’re seeking further guidance or want to stay ahead of the curve, it may be time to consider partnering with a dedicated HVAC marketing specialist like Alpyne Strategy.
At Alpyne Strategy, we specialize in HVAC-R and refrigerant marketing and policy communications, helping businesses like yours tackle pressing issues and adapt seamlessly to industry demands. Whether you’re trying to keep up with evolving refrigerant regulations or looking to improve your market outreach, we provide the tools and expertise you need to succeed, including:
- Marketing Strategy
- Marketing Communications
- Lead Generation
- Social Media
- Brand Strategy
For more information on how we can help your team navigate these challenges, feel free to reach out. You can email us at [email protected] or call (615) 323-3126. Let’s work together to ensure your business thrives in a rapidly changing environment.
Important legal disclaimer: **The information provided in this blog article does not, and is not intended to, constitute legal advice. Instead, all information, content, and materials available in this specific blog article as well as throughout our entire website are for general informational purposes only.
