The Washington state Department of Ecology has issued a $1.6 million fine against Home Depot for selling products restricted under state law. The company has 30 days to appeal the fine.
The fine is for failing to comply with updated regulations in state law regarding the sale of hydrofluorocarbon (HFC) products, including R-134a canisters.
R-134a is a refrigerant that was commonly used in vehicles for many years. Manufacturers have largely pulled away from the refrigerant for alternatives with lower climate impacts, as the release of R-134a can be devastating to the atmosphere.
Washington state's HFC regulations
The Washington Legislature passed laws in 2019 and 2021 to phase out the use of HFCs in the state. The Department of Ecology worked with manufacturers and retailers as legislation updated to help them remain compliant, according to a recent press release from the department.
HFCs have primarily been used for refrigeration and air conditioning purposes. When equipment is imperfect, the gasses can leak into the atmosphere. In a leak, HFCs have hundreds of thousands of times the global warming impact of carbon dioxide, according to the press release.
For example, R-134a is used in car air conditioning systems and comes with a global warming potential 1,430 times carbon dioxide's.
While many car manufacturers have stopped using R-134a, drivers are not required to change the system their cars use. Many drivers still have systems using R-134a. To prevent home repairs, and the subsequent release of HFCs into the air, Washington's updated legislation banned the sale of R-134a canisters at retail stores.
If someone has a car that still uses R-134a, and needs related repairs, they should go to a shop where the refrigerant can be collected and recycled.
"Restricting HFC products and equipment is key to achieving the state's statutory greenhouse gas emission limits and ultimately getting to net zero by 2050," stated Climate Pollution Reduction program manager, Joel Creswell, in the press release. "HFCs safely sealed inside air-conditioning systems can be recovered, recycled and reused, but when they leak out, they become a major contributor to climate change."
Home Depot fined for HFC sales
The Department of Ecology informed manufacturers and retailers of the updated legislation, and offered education on compliance options. According to the press release, most businesses then updated their sales practices online and in-stores after receiving these updates in late 2021.
Home Depot continued to offer the canisters online, despite continued contact from the Department of Ecology.
This led to the sale of more than 1,000 of the canisters between April 2022 and September 2023, based on information Home Depot supplied the Department of Ecology.
The state law outlines penalties of up to $10,000 per violation of the HFC restrictions. Since the company provided the sales numbers upon request, the Department of Ecology reduced the fine to $1,500 per violation, equaling the $1.6 million fine.
Home Depot can appeal the fine with the Pollution Control Hearings Board within 30 days of notice.
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