September ’24 at-a-glance … environment

EPA issues final rule of HFC phasedowns 

The U.S. Environmental Protection Agency’s (EPA) issued a pre-publication final rule titled Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes under of the American Innovation and Manufacturing Act. This final rule establishes an Emissions Reduction and Reclamation (ER&R) Program for the management of certain HFCs and their substitutes that includes, among other things, requirements for:  

• Leak repair for certain appliances.  

• Use of automatic leak detection systems for certain new and existing appliances. 

• A standard for reclaimed HFC refrigerants. 

• Servicing and/or repair of certain refrigerant-containing equipment with reclaimed HFCs. 

• Recovery of HFCs from disposable cylinders prior to disposal. 

• Recordkeeping, reporting, and labeling.  

EPA is also finalizing alternative recycling criteria for ignitable used refrigerants, including some HFCs and their substitutes, under the authority of the Resource Conservation and Recovery Act (RCRA).  

Various aspects of the final rule take effect Jan. 1, 2025 – Jan. 1, 2030. An overview is provided in EPA’s fact sheet. 

EPA details upcoming HFC phasedowns in October webinars 

Registration is open for two identical EPA webinars discussing the phasedown of hydrofluorocarbons (HFCs) and requirements specific to the aerosols, foams, and refrigeration, air conditioning and heat pump sectors. The sessions will review key dates in the American Innovation and Manufacturing (AIM) Act, detailed Technology Transitions Program compliance requirements for 2025 and beyond, and include time for Q&A. each session will cover the same information.  

• Oct. 17, 2 – 3:30 p.m. Eastern 

• Oct. 22, 2 – 3:30 p.m. Eastern 

EPA cracks down on illegal HFC imports 

EPA’s recent Enforcement Alert reminds businesses of the agency’s careful monitoring for the illegal importation of HFCs. So far in fiscal year 2024, EPA completed nine civil settlements to resolve claims of unlawful imports of HFCs without the required allowances. The Agency also can leverage criminal enforcement activities to enforce the American Innovation and Manufacturing (AIM) Act.  

The 2020 AIM Act gave EPA authority to phase down HFC production and consumption, maximize reclamation and minimize releases from equipment, and implement sector-based restrictions to drive the transition to next-generation technologies. EPA’s January Final Rule details the phasedown schedule of HFCs listed in the Act.  

EPA delays PFAS reporting requirement  

The EPA extended the due date for PFAS reporting and recordkeeping by eight months, due to the agency’s inability to manage the workload created by the requirement. Instead of mandatory reports being due Nov. 12 through May 8, 2025, the start of the submission period moved to July 11, 2025. Companies that manufactured or imported PFAS in any amount between 2011 and 2022 must report. Companies that only imported PFAS-containing articles during this time can report using a streamlined form.  

White House issues PFAS Research Plan  

The White House identified five research strategies necessary to complete the administration’s strategic plan to reduce exposure to PFAS in its recent PFAS Research and Development Strategic Plan. According to the Plan, research is needed to assess removal, destruction and disposal methods. This objective is consistent with advocacy efforts of the Complex Products Manufacturers Coalition (of which NAFEM is a member) to address these areas instead of banning essential product categories. The White House further identified the need for research to better understand sources and pathways of exposure to PFAS, toxicity of PFAS, and safer and more environmentally friendly alternatives to PFAS. The federal PFAS Strategy is co-chaired by the White House Office of Science and Technology Policy, Department of Energy (DOE), and Department of Defense (DOD).  

DOD called out for limited efforts to reduce single-use plastics mandate 

A recent Government Accountability Office (GAO) study determined that the Department of Defense (DOD) has not taken sufficient actions in response to Executive Order 14057 to reduce single-use plastics. In response, the GAO recommended DOD take immediate action to do so. Single-use plastics identified for potential reduction include, including plastic cutlery, plates, cups, straws and to-go containers. “As the single largest buyer of supplies and services throughout the government, DOD plays an important role in any federal effort to reduce single-use plastics,” said the GAO.