On October 9, 2018, the United States Supreme Court denied requests to hear the challenge to the August 2017 U.S. Appeals Court ruling that stated that the EPA went beyond its authority in requiring HFCs to be replaced under its Significant New Alternatives Policy (SNAP) program. That decision struck down SNAP Rule 20, and the Supreme Court’s action makes that ruling final.
The Court stated that EPA’s legal right to regulate replacement refrigerants under SNAP is limited to their effect on ozone depletion not global warming potential. The delisting of certain HFCs does not replace ozone depleting substances (i.e. CFCs and HCFCs).
Arkema continues to be a strong and active supporter of policies and initiatives that support reductions in HFC emissions. We believe the development and use of HFOs and lower Global Warming Potential HFCs will play an important role in achieving that goal. We also believe that any effort to require use of lower Global Warming Potential alternatives should be holistic and should give regulated persons the flexibility to pick the best products for an efficient and safe transition in a free market environment. This path creates a clear framework of an international regulation rather than a patchwork of country, region or state specific regulations and provides a cap and phasedown for the marketplace. We look forward to the development of a regulatory program in the U.S. that complies with the Kigali Amendment to the Montreal Protocol.