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HARDI files lawsuit over US disposable cylinder ban

USA: HARDI, the US HVACR wholesalers association, is going to court in an effort to overturn the new US ban on non-refillable, disposable cylinders. 

HARDI is joined in the petition by Air Conditioning Contractors of America (ACCA), and Plumbing-Heating Cooling Contractors—National Association (PHCC). 

The petition seeks a judicial review in the United States Court of Appeals for the District of Columbia against the Environmental Protection Agency (EPA). The petition asks the court to overturn the ban on single-use cylinders and cylinder tracking requirements contained in the recently finalised US AIM Act. 

The AIM Act, signed into law in late 2020, is aimed at phasing down the production and consumption of HFCs. Its provisions include a ban on the sale of disposable cylinders after December 31, 2024.

Non-refillable, disposable cylinders have been banned in a number of countries, including the EU, Canada and Australia, due to the “heel” of refrigerant that is inevitably left behind when disposed of. Cheap and untraceable, these cylinders are also seen as the container of choice for the refrigerant smuggler. 

HARDI believes the ban on disposable cylinders exceeds the authority granted to the EPA by the AIM Act, which empowers EPA to create a programme to phase-down the use of HFC refrigerants through limits on production and consumption.

“By exceeding their authority, EPA has finalized a rule that will increase costs on the HVACR wholesale distribution and contracting industries and could potentially cause major disruptions that will affect consumers,” HARDI says in a statement.

“HARDI was disappointed by EPA’s overreach in banning single use cylinders and establishing an overly-complicated cylinder tracking system,” it adds.

This latest petition follows a petition last month from refrigerant cylinder manufacturer Worthington Industries.

Related stories:

Worthington calls for rethink on disposable cylinder ban20 November 2021
USA: Refrigerant cylinder manufacturer Worthington Industries has called on the US EPA to rescind the forthcoming ban on disposable, non-refillable cylinders. Read more…

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