EPA SNAP Ruling and Kolpak Position

In light of recent news from the courtroom, many operators and commercial refrigeration specifiers are trying to understand what the future holds for refrigerant types, especially r-404a, as both the EPA and the DOE apply pressure to equipment manufacturers. Hopefully this provides some clarity……

A brief summary: On August 8, 2017, a three-judge panel of the D.C. Circuit issued an opinion that SNAP Rule 20 was not legally authorized and issued an order mandating the EPA to withdraw the rule “to the extent it requires manufacturers to replace HFCs with a substitute substance.” The losing parties appealed, requesting the entire bench of judges (“en banc”) of the D.C. Circuit review the case. While this appeal was pending, the August 8 order vacating SNAP Rule 20 was held in abeyance, i.e. it sat on ice with no legal effect, until the ten judges of the D.C. Circuit decided whether to reconsider the case.  Then, on January 26, 2018, the D.C. Circuit decided not to take up the appeal

So, what does this mean?  Generally speaking, it means that R404a is now acceptable again.

So, is the SNAP rule vacated forever?  No, a decision from the US Supreme Court could overturn August 8, 2017 ruling, and both Honeywell and Chemours (refrigerant manufacturers), have confirmed that they are filing cert petitions. If the Court denies the cert petition, then all appeals are exhausted and the August 8 order stands. If the Court takes the case, there may be a hearing sometime between October 2018 and June 2019. Several months later, the Court will issue an opinion. Therefore, the earliest possible date that legal finality will be reached is approximately June 2018. The latest possible date for a final determination is summer 2019.

What do we recommend?  Zink, along with the leading brands we represent, remains ‘forward focused’ and committed to recommending alternatively available refrigerants which pose a lower overall risk to human health and the environment. Therefore, for walk-in cooler and freezer applications, we will continue to support and promote refrigerants R448 and R407a, or better non-HFC refrigerants as they become available. While 404a is currently offered, we do not see it remaining viable in the long term. And when purchasing equipment with a lifespan of up to 20 years this should definitely be considered.