EPA Proposes to Adjust HCFC Allowance System in Response to Court Ruling
The Environmental Protection Agency has issued a proposed rule that would adjust the allowance system controlling U.S. consumption and production of hydrochlorofluorocarbons (HCFCs) as a result of a recent court decision vacating a portion of EPA's December 15, 2009 final…
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rule on adjustments to the allowance system for controlling HCFC production, import, and export. EPA interprets the court’s vacatur as applying to the part of the rule that establishes the company-by-company baselines and calendar-year allowances for HCFC-22 and HCFC-142b. Following the August 5, 2011 interim final rule allocating allowances for 2011, this action proposes to relieve the regulatory ban on production and consumption of these two chemicals following the court’s vacatur by establishing company-by-company HCFC-22 and HCFC-142b baselines and allocating production and consumption allowances for 2012-2014. Comments are due by approximately February 3, 2012.