EPA: Proposed Rule Limiting Refrigerant Production (February 27, 2012)

On January 4, 2012, the Environmental Protection Agency (EPA) published a proposed rule in the Federal Register which would adjust the allowance system controlling U.S. consumption and production of hydrochlorofluorocarbons (HCFCs) as a result of a recent court decision vacating a portion of the rule titled “Protection of Stratospheric Ozone: Adjustments to the Allowance System for Controlling HCFC Production, Import and Export; Final Rule.” EPA interprets the court‟s vacatur as applying to the part of the rule that establishes the company-by-company baselines and calendar-year allowances for HCFC-22 and HCFC-142b. Following the August 5, 2011, interim final rule allocating allowances for 2011, this action proposes to relieve the regulatory ban on production and consumption of these two chemicals following the court‟s vacatur by establishing company-by-company HCFC-22 and HCFC-142b baselines. We appreciate the opportunity to comment on this important matter.