A joint resolution 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".

Summary

Senate Joint Resolution 14 (S.J. Res. 14) of the 119th Congress is a measure introduced under the Congressional Review Act (CRA), specifically chapter 8 of title 5 of the United States Code, which grants Congress the authority to disapprove federal agency rules through a joint resolution that, if passed by both chambers and signed by the President (or enacted over a veto), nullifies the targeted regulation. This particular resolution seeks to disapprove a rule issued by the Environmental Protection Agency (EPA) concerning the phasedown of hydrofluorocarbons (HFCs), published in the Federal Register on October 11, 2024 (89 Fed. Reg. 82682). The EPA rule implements provisions of the American Innovation and Manufacturing (AIM) Act of 2020, which directs the agency to reduce the production and consumption of HFCs—potent greenhouse gases used primarily in refrigeration, air conditioning, and foam blowing—by 85% over a 15-year period, starting in 2022. The AIM Act was passed with bipartisan support and signed into law as part of the year-end appropriations package for fiscal year 2021, reflecting a commitment to address climate change while fostering innovation in alternative technologies.

The EPA's HFC phasedown rule establishes a cap-and-trade system for HFC production and consumption allowances, allocates allowances to historically producing companies, sets requirements for refrigerant management, prohibits certain high-global-warming-potential (GWP) HFCs in specific applications, and promotes the adoption of lower-GWP substitutes. The rule is designed to align U.S. policy with the Kigali Amendment to the Montreal Protocol, an international treaty aimed at phasing down HFCs globally to avoid up to 0.5°C of global warming by 2100. S.J. Res. 14, if enacted, would nullify this rule, arguing that it represents federal overreach, imposes undue costs on industries and consumers, and disrupts established markets without sufficient congressional oversight. Proponents of the resolution contend that while the AIM Act authorized the EPA to act, the specific rule exceeds the agency's delegated authority or fails to properly balance economic considerations with environmental goals. Critics argue that overturning the rule would undermine a legally valid implementation of congressional intent, damage U.S. credibility in international environmental agreements, and retard progress toward necessary climate mitigation measures. As a joint resolution, S.J. Res. 14 must pass both the Senate and House of Representatives by simple majority and be presented to the President for signature or veto; it is not a constitutional amendment and therefore does not require a two-thirds congressional vote or state ratification. If signed into law, the resolution would take immediate effect, voiding the EPA's HFC rule and halting its enforcement unless a substantially similar rule is later issued and survives potential future CRA challenges.

Where Each Party Stands

History