To stop EPA’s pending action, we request that you express your desire to hold on to the right to work on your own vehicle’s A/C system.

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Legislation

Legislative History

Refrigerants have been the subject of government regulators for nearly 20 years.

The Clean Air Act
It all started in 1992 with passage of the U.S. EPA’s Clean Air Act and its regulation of substances that harmed the earth’s ozone layer. Back then, mobile air-conditioning systems used refrigerant R-12, commonly called “freon,” a powerful ozone depleting substance (ODS) that, science showed, also packed a big global warming wallop.

A plan for the orderly and transparent transition to less harmful substances was developed that would lead to the gradual phase-out of R-12, in favor of R-134a in most new automotive A/C systems. R-134a is a refrigerant that does not harm the ozone layer and has a global warming potential (GWP) that is 1/6th that of R-12. At the time, it was a very good solution, especially since the Clean Air Act allowed American consumers the choice of maintaining and repairing working R-12 A/C systems or updating them to R-134a, the newer, more environmentally-responsible and lower cost refrigerant. These system updates were called “retrofits” and could be performed at vehicle service facility, or by a DIY on their own vehicle in less than 30-minutes at a very affordable cost. Since 1995, nearly 25-million cars have been retrofitted by do-it-yourselfers, a testament to the ease and affordability of this job.

Fast-forward to today…

Despite refrigerant R-134a’s relative safety, affordability and availability versus R-12 “Freon” and despite the fact that it does not harm the earth’s ozone layer, it is still a substance that contributes to global warming. For years, the mobile A/C industry and refrigerant manufacturers have been working on even safer, less environmentally sensitive replacements.

Today, an all new refrigerant compound has been developed. Testing for safety and suitability is nearly complete and it appears certain the industry will move ahead with this new refrigerant, referred to as R-1234yf because it cools efficiently - without the global warming risks associated with R-12 or R-134a. For more details on this breakthrough, check out the “New Refrigerant” link on this site.

From 2006 to today, the Stay Cool USA group, member companies and associations have been and continue to be part of several very important legislative efforts focused on protecting the environment contributing common-sense solutions to reduce the impact of DIY A/C servicing on global warming, until the new, low GWP (Global Warming Potential) refrigerant R-1234yf is available, in a couple years.

State Legislation

California

“Ground Breaking” State Legislation/California’s Warming Solutions Act (AB 32)
In December 2005, under Assembly Bill 32, California’s Air Resources Board (CARB) recommended banning the sale of R-134a refrigerant for use in do-it-yourself (DIY) servicing of automotive air-conditioners.
In a four-year negotiation, the Stay Cool USA team researched, presented and recommended a set of “alternative measures” to reduce emissions of refrigerant from the DIY service and recharge of automotive A/C systems. In June 2008, CARB reversed its ban and announced it would work with us on an “alternative measures plan,” later approved unanimously by the state board in January 2009.

In the end, working together, a positive, affordable and environmentally responsible government/ industry compromise was reached leading to improvements in product design, consumer education, and user enhancements that will lead to measureable emission reductions. Bill highlights include:

• Industry-developed self-sealing valves on DIY refrigerants to prevent accidental discharges.
• Industry-led public education campaign to create display materials, share best DIY-practice, educate about global warming and information about proper disposal or recycling of used cans.
• Improved label directions, including details about the California program.

On Jan. 22, 2009, the California Air Resources Board unanimously approved the cooperative solution, with CARB Chairperson Mary Nichols saying:

“This regulation is an outstanding example of how engaging stakeholders and the public in an open and transparent process resulted in an improved regulation with a much lower cost for do-it-yourselfers, and for the greenhouse gas reduction program overall. Working together over a two-year period, (we) agreed that (a) ban on sales of automotive refrigerant…would have a…negative effect on low income citizens…forced to forego automobile air conditioning.”

But we did not do it alone. Efforts supporting consumers’ right to repair and overturning the ban were joined by nationwide retailers and distributors of automotive products, consumer advocacy groups like the California Environmental Justice Committee and key state legislators.

Federal Legislation

Taking Success on the Road to Washington
After the successful effort preserving DIY service options in California, Stay Cool USA members and associations began to lobby in Congress and the U.S. Senate for a comprehensive set of federal regulations, rather than possibility becoming subject to 50 different sets of rules that could result from the other 49 states following California’s lead. Also, we felt getting U.S. legislators to take action would create a “public process,” one far more transparent and fair to the American consumer that allowing unilateral rulemaking by the U.S. EPA.

U.S. Congress: Waxman-Markey/American Clean Energy and Security Act of 2009 (HR 2454)

Stay Cool USA teams lobbied in the U.S. House of Representatives to include key provisions from its successful and groundbreaking legislative efforts in California.

Result: “Waxman/Markey” contains key provisions from California’s Regulation for “Small Containers of Automotive Refrigerant.”

The “American Clean Energy & Security Act” passed the House of Representatives in June 2009.

U.S. Senate: Boxer-Kerry/Clean Energy Jobs and American Power Act of 2010 (S.1733)
Stay Cool USA teams lobbied in the U.S. Senate for key provisions from the groundbreaking legislative efforts in California.

Result: “Boxer/Kerry” contains key provisions from California’s Regulation for “Small Containers of Automotive Refrigerant”.

The “Clean Energy Jobs & American Power Act”, drafted November 2009, will be considered on the Senate floor between March and May of 2010.

Background

It’s a dirty little secret! Every mobile air-conditioning system (MAC) on the road today is leaking. Unlike a home A/C, your car’s system is subject to daily punishment just navigating the obstacle course we call the American road. Pot holes and curb hits may loosen connectors. Rubber seals and hoses may dry out in the heat or chap in the cold. Aluminum tubing may develop microscopic stress cracks over time and with constant bumping. Friction in moving parts will also contribute to refrigerant loss.

Economic Impact

The U.S. EPA’s own vehicle research and “Vintaging Model” acknowledges that the average car loses 20 percent of its refrigerant each year. It’s a fact that the average car’s A/C gradually blows “less cool” air for four to six years, until it eventually does not cool at all. Believe it or not, this is “normal.” When your car serves up warm air when you need to keep your cool, it does not mean you have a broken car A/C.
In fact, 95 percent of the time this occurs, there is nothing mechanically wrong with the A/C that a simple refrigerant and lubricant recharge will not fix. And, depending on the refrigerant and tools you buy, the recharging may cost you $15 or less to do yourself. With DIY cooling enhancers and conditioners to treat normal system leaking, you may be talking $30. Or, you could take your car to a “professional” A/C shop and pay $150 or more for the same basic service and resulting cool air. It’s your choice.

Threats

Protecting Your Right to Work on Your Air Conditioner

Today, you, the American consumer, can decide yourself whether to do your own vehicle maintenance and service or whether you’d rather take it to a vehicle service facility. Some of us love the challenge of knowing we’re doing it right. Some folks like to save money. Some get satisfaction from doing it themselves. Still others may do it themselves because they just can’t afford the high hourly rates of a shop. Whatever your reason, shouldn’t it be your choice?

However, our government, notably the United States Environmental Protection Agency (EPA), is being lobbied by a specialized alliance of “professional” mobile A/C and new car dealer service interests’ intent on denying American DIYers the right to work on their own motor vehicle air-conditioning systems (MVACS). Unless action is undertaken by consumers, EPA could impose regulation that would prohibit the sale of the new automotive refrigerant to consumers.
Why should you care?

• It costs 10 times as much to have a “pro” do the same A/C maintenance you can do yourself.
• If successful forcing a ban of affordable DIY A/C service, “professional” A/C shops will reap windfall profits of $2,774,379,000 annually, at the expense of American consumers.
• At the same time, a ban would force millions of lower income Americans to permanently go without automotive air-conditioning.
• At a January 2010 conference, EPA’s own research showed just 5 percent of a vehicle’s lifetime emissions impact resulted from “direct emission” of automotive refrigerant. The other 95 percent comes from the tailpipe.
• DIY A/C service accounts for less than 0.02 percent (two one-hundredths of a percent) of potentially harmful global warming emissions.

Stay Cool USA is dedicated to preserving the rights of American do-it-yourself (DIY) consumers to maintain and service their own vehicles using safe, economical, environmentally responsible products and practices.