FMI, The Food Industry Association (“FMI”), Retail Industry Leaders Association (“RILA”), National Grocers Association (“NGA”), National Association of Convenience Stores (“NACS”) and National Retail Federation (“NRF”) (together, “Joint Retail Associations”) appreciate the opportunity to submit comments on the proposed rule, “Phasedown of Hydrofluorocarbons: Excluding Road and Intermodal Container Transport Refrigeration Units From the Hydrofluorocarbon Leak Repair Requirements,” 91 Fed. Reg. 30,532 (May 26, 2026), Docket ID No. EPA-HQ-OAR-2026-2905. We strongly support the proposed exemption and urge EPA to finalize it expeditiously.
The Joint Retail Associations have engaged constructively with EPA on the Emissions Reduction and Reclamation (ER&R) program since its inception. On January 30, 2023, members of the Joint Retail Associations filed detailed joint comments on the proposed ER&R rule, “Phasedown of Hydrofluorocarbons: Restrictions on the Use of Certain Hydrofluorocarbons Under Subsection (i) the American Innovation and Manufacturing Act of 2020,” 87 FR 76775 (December 15, 2022). In those comments, we argued that the proposed leak repair requirements were unnecessarily broad, that the
15-pound applicability threshold represented a significant and unjustified expansion beyond the parallel Subpart F framework, that businesses are already well-incentivized to conduct leak repairs promptly, and that the resulting compliance costs would inevitably be passed on to consumers. We urged EPA to set the threshold at 50 pounds, consistent with existing regulations. Had that recommendation been adopted in the 2024 ER&R rule, the inadvertent capture of road and intermodal TRUs would not have occurred. Our support for this proposed exemption is a natural continuation of that advocacy.
We commend Administrator Zeldin and this EPA for acting swiftly to correct the prior error. We also encourage EPA to move forward promptly on its announced intention to reconsider the remainder of the 2024 ER&R Rule,1 which continues to impose significant and unnecessary burdens on our members’ in-store refrigeration, HVAC, and fire suppression systems.
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