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Worthington joins legal challenge to disposable cylinder ban

USA: Worthington Industries has announced that it will also file a legal petition for review of the EPA’s ban on non-refillable refrigerant cylinders.

The filing with the US Court of Appeals for the District of Columbia Circuit joins those made by US HVACR wholesalers association HARDI, the Air Conditioning Contractors of America and the Plumbing-Heating Cooling Contractors—National Association. The groups claim the EPA exceeded its authority granted by the American Innovation and Manufacturing Act to phase down HFCs. 

Worthington, the only US manufacturer of non-refillable steel cylinders, said it had made its decision after attempts to engage the EPA in a constructive discussion had been unsuccessful. The company claims that there are ways to address EPA’s smuggling concerns without resorting to “an incredibly costly and unnecessary outright ban” on the most commonly used refrigerant gas cylinder in the US. 

“Worthington supports the AIM Act and its mission to phase down HFCs. As the last remaining manufacturer of non-refillable cylinders, our proposal to the EPA achieves three important goals: it keeps manufacturing jobs here, at home in Ohio and Kentucky; it offers an improved, cost-effective, lightweight cylinder for HVACR technicians; and it enables the EPA to protect the environment and safeguard against illegal smuggling,” said Worthington Industries President and CEO Andy Rose. 

“We file this suit reluctantly, as we would much prefer to work together toward a solution,” said Worthington Industries president and CEO Andy Rose. “But the EPA has given us no choice when it assumes authority not granted by Congress, makes policy without objective data and analysis, ignores concerns raised from industry and refuses to consider alternatives. 

“We urge the EPA to grant our reconsideration petition and undertake rulemaking to overturn the ban and accept our reasonable compromise,” Rose added.

Last month, Worthington submitted a petition for reconsideration to the EPA that included an updated, fully recyclable cylinder that, the company claims, remains lightweight, adds environmental safety technology to address venting issues and will deter smuggling of banned substances through reliance on domestic production capacity.

Related stories:

Worthington calls for rethink on disposable cylinder ban – 20 November 2021
USA: Refrigerant cylinder manufacturer Worthington Industries has called on the US EPA to rescind the forthcoming ban on disposable, non-refillable cylinders. Read more…

HARDI files lawsuit over US disposable cylinder ban – 2 December 2021
USA: HARDI, the US HVACR wholesalers association, is going to court in an effort to overturn the new US ban on non-refillable, disposable cylinders. Read more…

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