Advocacy
HARDI Advocacy Win: EPA Repeals Provisions Overturned by Courts
September 18, 2024 | 3 minute read
In June 2023, HARDI successfully had the court order the Environmental Protection Agency (EPA) to vacate the non-refillable cylinder ban and QR code cylinder tracking requirement. Last week, the EPA finalized HARDI’s win by removing the provisions from the Code of Federal Regulations, as ordered by the court. The EPA finalized the requirements as part of the Allocation Framework Rule published in October 2021. With the ministerial rule removing these provisions having been printed in the Federal Register, HARDI’s efforts to stop the non-refillable cylinder ban have finally concluded after over three years.
While removing the non-refillable cylinder ban from the Code of Federal Regulations is a win for HARDI and the HVACR industry, we are still waiting for the final HFC management and reclaim rule to be published. In the EPA’s proposed rule released in 2023, the EPA reintroduced the QR code cylinder tracking requirement, including the initial compliance date of January 1, 2025.
HARDI has undertaken a significant effort since May 2021 to combat these proposed regulations, which called for banning non-refillable cylinders and tracking all cylinders through the supply chain using QR codes. For the full timeline of these effort, explore the list below.
HARDI v. EPA Timeline:
May 2021: EPA Proposes Major Changes for Distributors in HFC Phasedown Rule
June 2021: HARDI Makes Statement at HFC Allocation Hearing
June 2021: HARDI launches grassroots portal for members to submit comments to EPA
July 2021: HARDI Submits Comments to EPA Opposing Disposable Cylinder Ban and Cylinder Tracking
September 2021: EPA Releases Pre-publication HFC Allocation Rule, Includes Cylinder Ban and QR Code Tracking
November 2021: HARDI Board Approves Funds for New Legal Defense Fund
December 2021: HARDI Files Lawsuit Against EPA for Overreach in Final Allocation Rule
April 2022: HARDI v. EPA: Initial Brief Filed with U.S. Court of Appeals for District of Columbia
July 2022: HARDI v. EPA Update: How Will West Virginia v. EPA Impact Our Case and the HFC Phasedown?
July 2022: HARDI v. EPA: Reply Brief Filed with Court of Appeals
August 2022: Webinar: Impact of West Virginia v. EPA
November 2022: HARDI v. EPA Update: Oral Arguments
March 2023: Department of Transportation Proposes Rule to Ban Non-refillable Cylinders
June 2023: HARDI v. EPA: Court Strikes Down Heavily Opposed Cylinder Ban and QR Code Tracking Requirements
June 2023: What the HARDI v. EPA Decision Means for the Industry
October 2023: EPA Reproposes QR Code Tracking as part of Increased Requirements for Reclaim and Leak Repair
December 2023: EPA Announces Plans to Formally Withdraw Refillable Cylinder and QR Code Tracking Requirements from Allocation Rule
March 2024: Department of Transportation Withdraws Proposal to Ban Non-refillable Cylinders
September 2024: EPA publishes ministerial rule removing non-refillable cylinder ban and cylinder tracking from the Code of Federal Regulations
HARDI's Legal Defense Fund
This level of advocacy would not be possible without HARDI’s Legal Defense Fund. But we must be ready for the next fight, which could come from both states and federal agencies. HARDI member companies can contribute to the Legal Defense Fund at any time. Your donations will continue to ensure the association is ready to defend its members.
Alex Ayers
Alex Ayers is the Vice President of Government Affairs for Heating, Air-conditioning, & Refrigeration Distributors International. As a recovering political nerd and current policy wonk, Alex is HARDI’s primary lobbyist and regulatory expert. Growing up in Iowa, Alex was exposed early to local politics through the first in the nation Iowa Caucuses, participating as a county caucus delegate to develop the grassroots planks that go into creating the party platform. Since moving to Washington, DC, Alex has spent over a decade lobbying, publishing papers, and testifying in various policy areas, including taxes, energy, environment, agriculture, and economics. His research has been cited by organizations such as the Wall Street Journal, Forbes, and the Tax Foundation.
Expertise: HVACR Policy, Government Affairs, and Political Advocacy
Please contact events@hardinet.org to book Alex as a speaker at your next conference or event. Press Contacts - to request a quote or an interview, complete this form.
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