US Senate Ratifies Kigali Amendment To Montreal Protocol

In the 1970s, the world was alarmed to hear that there was a hole in the ozone layer above the Earth caused by the chlorofluoroocarbons (CFCs) used as refrigerants in refrigerators, freezers, and air conditioners. That led to the so-called Montreal Protocol which was signed by 196 nations and the European Union and which banned CFCs after January 1, 1989.
This week, the US Senate finally ratified the Kigali Amendment that bans hydrofluorocarbons (HFCs) — the family of refrigerants that replaced CFCs. The Kigali Amendment was originally promulgated in 2016, but the Senate was unable to muster the 67 votes needed to ratify it until now.
Politico reports that while the Senate is deeply divided on most climate issues, the Kigali Amendment won strong backing from the business community as well as environmental groups. Together, they were able to get 69 senators to vote to ratify the treaty amendment.
Why did the business community support the Kigali Amendment? Because it sees an opportunity to make billions in profits from selling a new class of refrigerants to the world. Adam Smith would be so proud.
“The transition away from HFCs is expected to stimulate literally billions of dollars in economic investment in this country, create tens of thousands of jobs, and significantly increase U.S. exports while using technology developed in this country,” Senate Environment and Public Works chairman Tom Carper said after the vote was taken.
The Kigali Amendment & HFCs
While HFCs do not harm the ozone layer, as it turns out, they are potent greenhouse gases. Depending on its specific makeup, a pound of HFCs can have as much climate warming potential as hundreds or even tens of thousands of pounds of carbon dioxide. That makes capping their use a critical part of combating near-term warming. The Biden administration estimates the Kigali Amendment will lower global heating by 0.5 degrees Celsius this century
The amendment requires countries to reduce their use of HFCs by 85% over 15 years. It was negotiated at an international gathering in Rwanda in 2016 by John Kerry, then the secretary of State and now President Joe Biden’s international climate envoy, and Gina McCarthy, then the EPA administrator. She has recently stepped down as Biden’s national climate adviser.
Even though Congress gave the EPA authority to regulate HFCs in 2020, ratifying the Kigali Amendment will avoid possible trade restrictions on American made refrigeration products in the next decade.
The US Chamber of Commerce made ratification a “key vote” and in a letter this week argued that approving it “would enhance the competitiveness of U.S. manufacturers working to develop alternative technologies, and level the global economic playing field.”
“The Senate is signaling that Kigali counts by ratifying the amendment,” Stephen Yurek, president and CEO of the Air-Conditioning, Heating, and Refrigeration Institute, said in a statement. “It counts for the jobs it will create; it counts for global competitive advantage it creates; it counts with the additional exports that will result and it counts for U.S. technology preeminence.”
The EPA Moves Swiftly
Last year the EPA issued a major regulation capping HFC usage in the US and ramping it down over the next 15 years in line with the Kigali Amendment timeline. EPA will assign annual allowances to companies, which can then be traded or sold. The EPA is also planning to restore a rule requiring HFC leak inspections and repairs for industrial and commercial refrigerators that was rolled back during the Trump administration, though final action isn’t expected until 2024.
The Senate also voted to back a GOP amendment that calls for China to stop being classified as a developing nation under the UN main climate convention. Instead it would be classified as a developed nation, which will impose stricter climate requirements on it. The Senate mandated the State Department to file the proposed status change regarding China with the UN. Getting the UN to approve that change in status was not a requirement for ratifying the Kigali Amendment.
The Takeaway

It is almost 50 years since the world first leaned about the dangers of CFCs. While it may seem like such an important discovery would require swift action on the part of the world community, “swift” is a relative term. The demand for cooling will increase worldwide as temperatures continue to climb. But it makes little sense to expand our ability to keep people cool if doing so makes the overheating problem worse.
There are a number of gases that can be used as refrigerants and there are new advances in heat pump technology coming that will make cooling more efficient. More cooling using less energy will be essential for the health and safety of humans as worldwide temperatures continue their upward trend.

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