Regulatory Milestones
In 1987, the Montreal Protocol was signed as a first step by the international community to protect stratospheric ozone, mandating developed countries in 1993 begin phasing out CFCs, which are known to destroy the Earth’s ozone. The agreement aimed for participating countries to achieve a 50 percent reduction in CFC use relative to 1986 levels by 1998. After the agreement was signed, later data unfortunately indicated worse than expected ozone damage and led to a series of amendments: the London (1990), Copenhagen (1992), Montreal (1997), Beijing (1999) and Kigali (2016) Amendments—all aimed at controlling additional ozone-depleting chemicals and enforcing the compliance of developing countries.2
Supported at the time by the Obama administration, the Kigali Amendment aimed to phase down the production and consumption of HFCs because they result in potent greenhouse gases detrimental to the Earth’s climate. However, U.S. support for the Montreal Protocol stalled under the Trump administration, which removed the U.S. from the Paris Climate Agreement, blocking HFC phasedown efforts. Then, U.S. support shifted again in January 2021 when President Biden returned the country to the Paris Agreement to curb greenhouse gases and climate change. However, EPA SNAP program Rules 20 and 21, which list specific HFCs as unacceptable and call for the shift to environmentally friendly blowing agents, were partially vacated. The back-and-forth phasedown effort at the national level ultimately led a group of states to begin their own phasedown efforts.
Today, participating states are in various degrees of HFC phasedown. In addition to enacting legislation prohibiting certain HFCs, California and Washington have established stricter regulations aimed at curbing HFC emissions beyond EPA SNAP Rules 20 and 21. Additionally, Colorado, New York, Maine, Vermont, New Jersey, Delaware, Rhode Island, Maryland and Massachusetts have enacted legislation prohibiting certain HFCs in alignment with the federal SNAP 20 and 21 rules. Pennsylvania, Connecticut, Oregon, New Mexico and Hawaii have expressed intentions to introduce legislation to reduce HFC emissions, but no bills have yet been signed into law. Finally, Nevada, Minnesota, Wisconsin, Michigan, Illinois, Louisiana and North Carolina have not yet committed to regulating HFCs. However, like the others listed, these states are part of the U.S. Climate Alliance, a coalition of states committed to upholding the Paris Climate Agreement’s goal of keeping temperature increases below 1.5 degrees Celsius (34.7 degrees Fahrenheit) and thus may begin their own phasedown process in the future.