Day 009 - 08 Jul 94 - Page 31
1 today because there are, to our knowledge, still a lot of
open ended questions on this issue. The science is still
2 developing but, in particular, our push within
McDonald's really to phase out of 22 actually was on our
3 mind when we switched out of CFCs.
4 Q. Yes. So were you unhappy that in 1990 there were still 21
countries using HCFCs blowing agents in your system?
5 A. No, just the opposite. I was very happy that our
company was making significant progress because, in order
6 to phase out of CFCs, what we needed to do immediately was
to switch to another version, switch to another version of
7 a blowing agent and your alternatives are fairly limited
in terms of packaging we use. The alternatives, in
8 general, are pentane and HCFC-22. For those suppliers
switching from CFCs to pentane was a very complicated, a
9 difficult process. Switching from CFCs to HCFCs is a much
simpler process. It is not as simple as just changing
10 your blowing agent, but it is fairly simple. You can use
your same equipment and fine tune some of the processes to
11 substitute 22. So when I look at that chart, what that
tells me is I am very pleased we were able to rapidly
12 phase out of CFCs worldwide and go to the next.
13 MR. JUSTICE BELL: If I understand it, if you carried on using
CFCs, you would not have been in breach of the Montreal
14 Protocol?
A. Because of the long phase out period.
15
Q. A transitional period of some years was allowed to do
16 that; is that right?
A. Yes.
17
MR. MORRIS: As a whole country, I believe. That Montreal
18 Convention did not apply to a specific country.
19 MR. JUSTICE BELL: No. You would not have been in breach, or
would you, of any -- you would not, as a contributor to
20 the use of CFCs in the United States, have been, as it
were, helping the United States to be in breach of the
21 Protocol?
A. That is correct.
22
Q. You would not, as I understand it -- if I am wrong,
23 I would like to be told -- have been in breach of any
rules or regulations in the States by continuing at that
24 time?
A. That is correct. My knowledge of the Montreal
25 Protocol -- I know what it is today; I do believe that
CFCs cannot be sold after the calendar year 1995.
26
Q. Yes. So people might say you are not taking a responsible
27 attitude if you stuck with CFCs, but you would not have
been breaking the law in any way?
28 A. Yes, that is correct.
29 MR. MORRIS: You said that now you appreciate just how accurate
the scientists have been on CFCs, that you would not
30 tolerate a country in the McDonald's system using CFCs.
Why has McDonald's continued to tolerate countries using
