PolicyBrief
H.J.RES. 38
119th CongressFeb 7th 2025
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".
IN COMMITTEE

This bill disapproves and nullifies the Environmental Protection Agency's rule on phasing down hydrofluorocarbons, as outlined in the American Innovation and Manufacturing Act of 2020.

Neal Dunn
R

Neal Dunn

Representative

FL-2

LEGISLATION

EPA's HFC Phasedown Rule Nixed: Congressional Disapproval Freezes Climate Action

This bill straight-up invalidates a recent Environmental Protection Agency (EPA) rule designed to phase down hydrofluorocarbons (HFCs). HFCs? They're potent greenhouse gases, the kind that really turn up the heat on climate change. The now-dead EPA rule, officially titled "Phasedown of Hydrofluorocarbons: Management of Certain Hydrofluorocarbons and Substitutes Under the American Innovation and Manufacturing Act of 2020" (89 Fed. Reg. 82682), was part of a plan to chill out those emissions. But this bill, using congressional disapproval powers, pulls the plug.

Scrapping the Cool-Down

The EPA's rule was all about implementing the American Innovation and Manufacturing (AIM) Act of 2020, which was supposed to gradually reduce HFC production and use. Think of it like this: your old fridge might use these chemicals, and the AIM Act was pushing for newer, greener tech. The EPA's specific rule detailed how to manage existing HFCs and their substitutes. By killing this rule, the bill essentially throws a wrench in the gears of the whole HFC phasedown.

Real-World Freeze

Imagine you're a small business owner running a grocery store. You've got refrigeration units that likely use HFCs. The EPA rule would have guided how those chemicals are managed, potentially requiring upgrades or changes to your systems over time. Now, that's all on hold. While it might seem like a win for avoiding immediate costs, it's a loss for reducing those planet-warming emissions. Or, picture a factory that manufactures air conditioners. They might have been gearing up for new standards under the AIM Act and the EPA's guidelines. This bill throws their planning into uncertainty.

The Bigger Chill

This move isn't just about specific industries; it's about the broader fight against climate change. HFCs are way more potent than carbon dioxide in terms of trapping heat. By halting this rule, the bill signals a potential roadblock for other environmental regulations. It basically says, "We can undo these rules," which could have a chilling effect (pun intended) on future climate action. The challenge is that this halts a planned, gradual transition, leaving businesses and the environment in a lurch. It also undercuts the U.S.'s ability to meet international climate commitments related to HFC reduction.

This bill does exactly what it says on the tin. It disapproves a specific rule, which means that the rule has no force or effect, thanks to chapter 8 of title 5 of the United States Code. Section 801 of the Code provides for congressional review of agency rules. This is a direct application of that power. It's a clear win for industries that wanted to avoid the EPA's HFC regulations, but a definite setback for broader climate goals.