Fact Sheet: Notice of Proposed Rulemaking - Ban on Sale or Distribution of Pre-Charged Appliances

On December 11, 2008, EPA issued a proposed rule to ban the sale or distribution of air-conditioning and refrigeration products containing HCFC-22, HCFC-142b, or blends containing one or both of these substances, beginning January 1, 2010.
We are proposing these restrictions to protect stratospheric ozone.
The practical result of existing EPA regulations is that effective January 1, 2010, domestic manufacturers of air-conditioning and refrigeration appliances will not be able to charge newly manufactured appliances with newly produced or imported HCFC-22 or HCFC-142b, and thus will not be introducing appliances containing these newly produced substances into interstate commerce. Without modifying the current provisions consistent with this proposed rulemaking, there is no similar result for imported products, because these appliances are charged before entering the United States.

Title VI of the Clean Air Act Amendments of 1990 authorizes EPA to promulgate regulations if, in the Administrator’s judgment, any substance, practice, process, or activity may reasonably be anticipated to affect the stratosphere, especially ozone in the stratosphere, and such effect may reasonably be anticipated to endanger public health or welfare. EPA believes it has met these criteria.

EPA will accept comments on the proposed rule on or before February 6, 2009. A transcript from the hearing on the proposed rule held on January 7, 2009, can be viewed here.
All comments should be identified by E-Docket No. HQ-OAR-2007-0163. Comments may be submitted by one of the following methods:
1. Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments.

2. E-mail: A-and-R-docket@epa.gov

3. Fax: 202-566-1741, Attn: HQ-OAR-2007-0163

4. U.S. Mail: “HQ-OAR-2007-0163”, Air and Radiation Docket Information Center, U.S. Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.

5. Hand Delivery or Courier. Deliver your comments to: EPA Air Docket, EPA West 1301 Constitution Avenue, NW, Room B108, Mail Code 6102T, Washington, D.C. 20460.

Additional information on the phaseout of ozone-depleting substances can be found at: http://www.epa.gov/ozone/title6/phaseout/
For further information about this action, contact Cindy Newberg of EPA’s Office of Atmospheric Programs at (202) 343-9729 or at Newberg.Cindy@epa.gov