A ruling from the D.C. Circuit Court of Appeals has upheld Worthington Industries’ stance, deeming the U.S. Environmental Protection Agency’s 2021 ban on non-refillable refrigerant cylinders invalid, according to a press release.
The decision found that the EPA surpassed its authority granted by Congress in finalizing the ban. Worthington said that it filed a lawsuit after the EPA repeatedly ignored its requests for an alternative to the agency’s proposed regulations, as part of efforts to implement the American Innovation and Manufacturing Act in April 2020.
Alternatives that Worthington tried to work through with the EPA include a fully recyclable lightweight cylinder prototype, according to Cooling Post.
“We encourage EPA to accept the decision and quickly take steps to comply with the Court’s directive, removing the cylinder ban from EPA’s regulations,” Andy Rose, president and CEO of Worthington Industries, said in the release.
The potential ban was set to take effect Dec. 31, 2024. In addition to stopping imports and placements of hydrofluorocarbon refrigerants into disposable cylinders, the EPA’s proposed regulations would also require the use of QR codes and a centralized database to create “chain of custody” for the cylinders. This is expected to increase logistical costs for HVAC operators and suppliers.
The EPA was also recently questioned by the U.S. House of Representatives’ Oversight and Accountability Committee, with chairman James Comer sending a letter to EPA Administrator Micahel Regan requesting documents, communications and staff-level briefings from the EPA regarding its actions on the non-refillable cylinder ban.
Worthington stated it will request the EPA to publish a direct, final rule, in keeping with the court ruling, to restore “certainty for Worthington and its customers.”
The company also said that the Department of Transportation’s Pipeline and Hazardous Materials Safety Administration, which proposed regulations in line with the EPA’s refrigerant cylinder ban, should now withdraw its proposal.
The EPA is not able to request an en banc hearing at the D.C. Circuit Court, or directly petition the Supreme Court of the United States. Worthington stated that it “stands ready to take the necessary actions to uphold the Court’s decision.”
Rose emphasized that the court ruling is advantageous to Worthington customers, which include heating, ventilation, air conditioning, and refrigeration system (HVACR) installers nationwide and numerous retail and commercial establishments relying on refrigeration and cooling systems as well as American homeowners in need of air conditioning unit maintenance.
Non-refillable refrigerant cylinders are banned in multiple countries, including Canada, Australia and EU nations, due to the remainder of refrigerant which is left behind when disposed of.
Disposable cylinders are also cheap and untraceable, leading to a black market of illegal refrigerants which has undermined Europe’s efforts to phase down the production and consumption of hydrofluorocarbons, according to Cooling Post.
