EPA’s SNAP Program was established under Section 612 of the Clean Air Act (42 U.S.C. § 7671k, et seq.) to identify and evaluate substitutes for ozone-depleting substances. The program looks at overall risks to human health and the environment from existing and new substitutes; publishes lists; promotes the use of acceptable substances; and provides the public with information. The use of any substitute not listed as acceptable under the SNAP program is unlawful. In 2015, EPA finalized a new rule removing a long list of climate-damaging HFCs from the list for mobile A/Cs (80 Fed Reg 42870). In 2017, a pair of federal court decisions limited EPA’s authority over HFCs under the “Safe Alternatives” provision of the Clean Air Act, and thus States are now filling the gap left by the court decisions. See Mexichem Fluor, Inc. v. EPA, 866 F.3d 451 (D.C. Cir. 2017) (vacating Rule 20); Mexichem Fluor, Inc. v. EPA, No. 17-1024 (D.C. Cir. Apr. 5, 2019) (vacating Rule 21). Throughout 2018-20, California, Vermont, and Washington passed legislation to adopt HFC use limits based on EPA’s SNAP rules, and numerous other states are considering similar action.
Several states have SNAP regulations in place or in process. They are listed elsewhere under this pathway.