Heating, Air-conditioning & Refrigeration Distributors International (HARDI) and joint petitioners have filed the first brief in Heating, Air-conditioning & Refrigeration Distributors International et al. v. U.S. Environmental Protection Agency to overturn the 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.
Attorneys have developed arguments against both the non-refillable cylinder ban and the QR code tracking mandate stating they are both unlawful because they exceed the authority granted to the EPA by the American Innovation and Manufacturing Act (AIM Act) and because the finalized regulations are arbitrary and capricious. The EPA has until June 6, 2022, to respond to the brief that HARDI and the joint petitioners filed.
“The brief submitted by the petitioners is a strong argument to see these unlawful regulations are overturned. The arguments outlined several case precedents showing how the courts have rejected agency action that exceeds the authority granted by Congress,” said Alex Ayers, HARDI’s director of government affairs. Ayers added, “We believe this litigation is necessary to protect our industry from unnecessary agency overreach. HARDI fully supported the AIM Act and we want to see EPA enact regulations in accordance with the authorities granted by law.”
The non-refillable cylinder ban and QR-code tracking requirement are compliance regulations finalized as part of the EPA’s allocation rule which establishes the framework for phasing down the production and consumption of HFCs including common refrigerants used in the HVACR industry. HARDI and the joint petitioners are fully supportive of the HFC phase-down, however the included compliance measures go beyond the intention of the AIM Act.