The Environmental Protection Agency has vowed stringent action against the first federal charges for importing harmful hydrofluorocarbons, super greenhouse gases with a global warming potential hundreds to thousands of times more potent than CO2.
In a distinctive case, 58-year-old Michael Hart was apprehended on March 4 for allegedly smuggling illegal greenhouse gases known as HFCs across the Mexican border into the United States. This arrest marks the first instance of federal charges for importing super pollutants, with the Environmental Protection Agency (EPA) adamant that it will not be the last.
According to the US Attorney’s office in San Diego, Mr. Hart was caught smuggling HFCs in his vehicle under his tarp and tools and selling them for profit on websites such as Facebook Marketplace and Offer Up. He has been accused of violating national laws and of “undermining international efforts to combat climate change,” but pleaded not guilty.
HFCs, identified as one of the main causes of global warming, are used as alternatives to more potent ozone-depleting substances containing chloride such as hydrochlorofluorocarbons (HCFCs).
HCFCs have already been controlled under the Clean Air Act of the Montreal Protocol since 1987. However, the EPA notes that HCFs have global warming potentials (GWPs) that can be hundreds to thousands of times more potent than carbon dioxide (CO2).
The EPA explains that HFCs are used in old appliances such as refrigerators, air conditioning, aerosols, fire suppression, solvents, and foam-blowing agents. They serve as a crucial component in the heat exchange process that allows these appliances to cool indoor spaces or preserve the freshness of perishable items.
There has been a global effort to transition to more environmentally friendly refrigerants with lower GWPs, such as hydrofluoroolefins (HFOs) and natural refrigerants like hydrocarbons and even carbon dioxide (CO2).
Despite both HFCs and HCFCs being outlawed, an illicit trade across the southern border with Mexico persists, posing a significant threat to global efforts to combat climate change.
The New York Times identified a recent ad labeled “Partial 10 lb canister of R22 refrigerant,” for 200 dollars in cash in Severna Park, Maryland. The substance referenced is known as HCFC-22 and is now heavily restricted.
An amendment was made in 2016 to the Montreal Protocol to phase out the production and consumption of HFCs by 80–85% by 2047. Known as the Kigali Amendment, this legally binding international agreement was signed by 200 nations.
In September 2022, the United States formally ratified the amendment and joined the other 137 nations that had already done so. The US Department of State reports that the successful agreement is set to “restore the stratospheric ozone layer by 2065, avoiding 443 million cases of skin cancer, approximately 2.3 million skin cancer deaths, and more than 63 million cases of cataracts in the United States alone.”
Michael Hart now faces up to 13 charges, including conspiracy, illegal importation of regulated products, and sale of illegally imported products. Penalties for these charges range from 5 to 20 years in prison, along with a fine of 250,000 dollars.
According to an undisclosed indictment reported by the Washington Post, Mr. Hart communicated with a customer, assuring them that he could guarantee “15 to 20 tanks per week.”
The prevalence of a global, illegal trade of HFCs has been a concern for environmental regulators for years as people attempt to keep older systems of air conditioning and refrigeration running for lower costs, with little concern for the impact on global warming. A Nordic working paper on the illegal trade of HFCs explains that the quota system placed on HFCs has caused “prices to rise and has made illegal EU imports (without quota) more appealing.”
The European Union, which agreed on a scheme to phase down HFCs back in 2014, nevertheless recovered 255,726 kg of illegal chemicals between 2019 and 2020. Nearly 600 seizures were reported by 24 countries of the EU, revealing the significant challenge posed by the illegal trade.
David Uhlmann, the assistant administrator at the EPA admitted that they expect many more cases across the southern border and that they “may not be able to intercept every illegal shipment” until a zero-tolerance policy is established.
Nevertheless, Tara K. McGrath, the U.S. Attorney for the Southern District of California, emphasized the determination to “use every means possible to protect the planet from toxic pollutants,” promising that this case “will not be the last.”
