
The National Grocers Association petitioned the U.S. Environmental Protection Agency last Thursday to revise its hydrofluorocarbon management rule, citing unrealistic timelines, excessive compliance costs and regulatory requirements that exceed what Congress mandated.
NGA argued that the HFC Management Rule imposes impractical and overly burdensome requirements on food retailers. These include a drastic expansion of the number of covered refrigeration appliances and a leak-rate limit that does not reflect real-world system performance. The association also said the rule’s repair, testing and retrofit deadlines are unrealistically short, especially given national shortages of technicians and parts. It is requesting additional time to comply with automatic leak-detection system mandates.
“Independent grocers are committed to environmental sustainability and responsible refrigerant management,” said Max Wengroff, NGA senior manager of government relations. “But the EPA’s rule places unrealistic obligations on retailers that simply cannot be met under the imposed timelines and thresholds. These unnecessary obligations will raise costs for businesses and families.”
In the petition, NGA stated that it supports reducing HFC emissions by limiting production and use. However, it argued that compliance with the rule would increase operating expenses, forcing grocers to pass those costs on to consumers.
According to NGA, the EPA’s new leak-rate threshold for repair is unworkable. The agency set the threshold at 20%, despite industry data indicating that the typical food-retail refrigeration system leaks about 25% of its refrigerant each year. The association is requesting that the threshold be raised to 30% or that the agency adopt a phased schedule that starts with a higher rate and becomes more stringent over time.
The independent grocery sector represents nearly one-third of all U.S. grocery sales—more than $250 billion annually—and supports over 1 million jobs. NGA contended that without reasonable revisions to the rule, many independent grocers will face costs they cannot absorb, which will ultimately be passed on to customers.
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