Petitions for Reconsideration and Judicial Review of the October 2023 Technology Transitions Rule

This page features the petitions for reconsideration and judicial review that were received in response to the final rule titled, “Restrictions on the Use of Certain Hydrofluorocarbons Under the America Innovation and Manufacturing Act of 2020” (88 FR 73098; referred to as the October 2023 Technology Transitions Rule on this page).

Petitions for Reconsideration of the October 2023 Technology Transitions Rule

EPA received requests to reconsider specific provisions of the October 2023 Technology Transitions Rule (88 FR 73098). These four requests, and their status, are below. Consistent with where EPA granted reconsideration requests, EPA intends to develop a proposed rule to reconsider the relevant provisions. 

EPA Intends to Issue Proposal that Would Adjust Requirements for Low Temperature Intermodal Refrigerated Transport Equipment 

The U.S. Environmental Protection Agency (EPA) intends to issue a proposed rule that would propose to exempt refrigerated intermodal containers designed to meet temperatures below negative 35 degrees Celsius from the HFC use restrictions under the Technology Transitions provisions of the American Innovation and Manufacturing Act. These restrictions began on January 1, 2025 (see in 40 CFR 84.54(a)(6) and (c)(7)).  

Currently, intermodal refrigerated transport containers that operate at temperatures below negative 50 degrees Celsius are exempt from HFC use prohibitions for new equipment. The EPA received a petition from Trane Technologies (see above) that requested the EPA reconsider the HFC use restrictions for intermodal refrigerated transport equipment finalized in the October 2023 Technology Transitions Rule. EPA responded on June 20, 2024, stating that EPA will reconsider this issue and evaluate whether there is a need to revise the restrictions for this subsector. Consistent with EPA’s response and based on information provided since the finalization of the October 2023 rule, EPA intends to reconsider this issue through notice and comment rulemaking that would propose to exempt equipment designed to operate below negative 35 degrees Celsius. Intermodal refrigerated transport equipment that is designed to operate below negative 35 degrees Celsius is a very small portion of the refrigerated transport subsector, but nonetheless one that is critical for transporting life sciences and medical cargo including blood, blood plasma, and specialty pharmaceuticals.  
 

The EPA is also issuing a related No Action Assurance Letter ( AIM Act NAA (pdf) (166.78 KB) )  indicating that the Agency will not pursue violations of the HFC use restrictions for newly manufactured or imported intermodal refrigerated transport equipment designed to achieve box temperatures below negative 35 degrees Celsius until January 1, 2026 or the date of proposed rule described above becomes final, whichever occurs earlier.