Congress moves to kill EPA's phasedown of climate-damaging refrigerant gases
S.J.Res. 14 — A joint resolution providing for congressional disapproval under chapter 8 of title 5, United States Code, of the rule submitted by the Environmental Protection Agency relating to "Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020". · Filed by Roger Marshall (R-KS) · Introduced Feb 5, 2025 · Referred to committee
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What it does
This resolution disapproves an EPA rule that implements the phasedown of hydrofluorocarbons (HFCs)—potent greenhouse gases used in refrigeration and air conditioning—under the American Innovation and Manufacturing Act of 2020. If passed, the rule would be nullified and have no legal effect, halting EPA enforcement of the HFC phasedown schedule and allowing continued production and use of these ozone-depleting and climate-damaging chemicals.
Why we flagged it
This is a Congressional Review Act (CRA) disapproval resolution targeting an EPA environmental rule. Its sole function is to nullify the HFC phasedown rule, removing federal climate and ozone-protection requirements. The mechanism is procedurally straightforward but substantively deregulatory.
What the text implies
- Disapproving this rule may trigger CRA's 'same rule' prohibition, preventing EPA from issuing a substantially similar HFC phasedown rule without new congressional authorization—effectively locking in continued HFC production indefinitely.
- The American Innovation and Manufacturing Act (AIM Act) of 2020 is bipartisan law directing EPA to phase down HFCs; disapproving the implementing rule creates tension with the statute's mandate, potentially inviting litigation over EPA's authority to enforce the underlying law.
The full analysis lists 4 implications of this text.
Who stands to gain
hydrofluorocarbon (HFC) manufacturers; refrigeration and air-conditioning equipment makers using HFCs; chemical suppliers producing HFC blends