USA: The US manufacturers’ body AHRI has called on the Environmental Protection Agency to appeal the recent court decision overturning EPA restrictions on HFC refrigerants.

Last month the US Court of Appeals for the District of Columbia ruled that EPA plans to impose usage bans on certain high GWP refrigerants were inadmissible under the Clean Air Act.

The AHRI’s government affairs and executive committees voted last week to express the industry’s preference that the Environmental Protection Agency appeal the decision before the deadline of September 22.

“Should the EPA decide not to appeal, it is likely that one of the other parties to the lawsuit will choose to do so,” the AHRI says in its latest Update. Refrigerant manufacturers Chemours and Honeywell have both previously indicated that they are considering appeals.

AHRI says it has been in conversations with both the EPA and the White House in the wake of the decision to provide information on the industry’s position and to discuss what other implementation tactics might be available in the event this ruling stands.

In its decision, the court found that although EPA has the authority under Section 612 to address substitutes that are ozone-depleting substances (ODS), it does not have the authority under that section to restrict the use of previously acceptable substitutes that are not ozone-depleting.

The AHRI says the decision has called into question whether any acceptable non-ODS substitute can be restricted under the agency’s Significant New Alternatives Policy (SNAP) programme once the EPA deems it an acceptable alternative for an ODS substance, regardless of any potential risks.

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