On Jan. 26, 2018, the United States Court of Appeals for the District of Columbia Circuit declined a petition for rehearing of its August 8, 2017 ruling that the United States Environmental Protection Agency (EPA) did not have authority under its Significant New Alternatives Policy (SNAP) program to ban the use of HFCs solely for their warming effect.
The Court’s original decision stated that EPA’s legal right to regulate replacement refrigerants and foam blowing agents under SNAP is limited to their effect on ozone depletion and not global warming potential. The delisting of certain HFCs does not replace ozone depleting substances (i.e. CFCs and HCFCs). On September 22, 2017 petitions for rehearing were filed by several intervening parties, but not by EPA itself. The Court denied the petition for rehearing.
Arkema is gratified by the Court’s action. Arkema continues to be a strong supporter of reducing HFC emissions, which includes the development and use of low Global Warning Potential (GWP) HFCs and HFOs. We believe that any effort to require use of lower GWP alternatives should be global and should establish an overall cap while giving regulated persons the flexibility to pick the best products for an efficient and safe transition without market disruptions.
The recently negotiated Kigali Amendment to Montreal Protocol (the Kigali Agreement) can achieve this goal. It creates a clear framework of an international regulation rather than a patchwork of country or region-specific regulations and provides a cap and phasedown for the marketplace. Arkema supports the Kigali Agreement.
Arkema believes that the Court’s action paves the way for a safe, practical and efficient transition to the next generation of refrigerants and foam blowing agents that will benefit our industry and the environment.
A designer of materials and innovative solutions, Arkema shapes materials and creates new uses that accelerate customer performance. Our balanced business portfolio spans high-performance materials, industrial specialties and coating solutions. Our globally recognized brands are ranked among the leaders in the markets we serve. Reporting annual sales of €7.5 billion in 2016, we employ approximately 20,000 people worldwide and operate in close to 50 countries. We are committed to active engagement with all our stakeholders. Our research centers in North America, France and Asia concentrate on advances in bio-based products, new energies, water management, electronic solutions, lightweight materials and design, home efficiency and insulation. www.arkema.com