Refrigerant Cylinder Ban: HARDI, Joint Petitioners File Brief Against EPA

COLUMBUS, Ohio, April 12, 2022 – Heating, Air-conditioning & Refrigeration Distributors International (HARDI) and co-applicants filed the first brief in Heating, Air-conditioning & Refrigeration Distributors International et al. v. U.S. Environmental Protection Agency to rescind non-refillable cylinder ban and QR code tracking requirement for HFC refrigerants. HARDI is joined in the lawsuit by Air Conditioning Contractors of America, Plumbing, Heating, Cooling Contractors – National Association and Worthington Industries.

Lawyers have developed arguments against the ban on non-refillable bottles and the QR code tracking mandate stating that they are both illegal because they exceed the authority granted to the EPA by American Innovation and Manufacturing Act (AIM Act) and because the finalized regulations are arbitrary. and capricious. EPA has until June 6, 2022 to respond to the brief filed by HARDI and the co-applicants.

“The brief submitted by the petitioners is a strong argument for these illegal regulations to be rescinded. The arguments outlined several case precedents showing how courts have dismissed agency action that exceeds the authority granted by Congress,” said Alex Ayers, HARDI Director of Government Affairs. Ayers added: “We believe this litigation is necessary to protect our industry from unnecessary agency excesses. HARDI has fully supported the AIM Act and we want to see the EPA enact regulations within the authority granted by the act.

“The brief submitted by the petitioners is a strong argument for these illegal regulations to be reversed…” – Alex Ayers, HARDI

The ban on non-refillable bottles and the QR code tracking requirement are compliance regulations finalized under the EPA’s allowance rule that establishes the framework for the phase-down of production and consumption of HFCs, including common refrigerants used in the HVACR industry. HARDI and co-applicants fully support the HFC phase-down, but the compliance measures included go beyond the intent of the AIM Act.

Individuals and businesses that support the legal defense fund can make a donation on the HARDI website.