vvEPA
United States
Environmental Protection
Agency
Air and Radiation
(6205J)
EPA 430-F-93-057
December 1993
Stratospheric Ozone Protection
Final. Rule Summary
THE ACCELERATED PHASEOUT OF
OZONE-DEPLETING SUBSTANCES
Background
In July 1992, EPA issued its final rule
implementing section 604 of the Clean Air Act
Amendments of 1990. That section limits the
production and consumption of ,a set of
chemicals known to deplete the stratospheric
ozone layer. EPA controls production and
consumption by issuing allowances or permits
that are expended in the production and
importation of these chemicals. These
allowances can be traded.
The July 1992 rule required producers of class
I substances (chlorofluorocarbons, halons,
carbon tetrachloride,,and methyl chloroform) to
gradually reduce their production of these
chemicals and to phase them out completely as
of January 1, 2000 (2002 for methyl
chloroform). In addition to these production
limits, the rule required a similar reduction in
consumption, defined as production plus imports
minus exports.
On February 11, 1992, the United States,
responding to recent scientific, findings,
announced that the production of
chlorofluorocarbons (CFCs), halons, carbon
tetrachloride, and methyl chloroform would be
accelerated and that these substances would be
phased out by December 31, 1995. It was also
stated that the U.S. would consider recent
evidence suggesting the possible need to phase
out methyl bromide. At the same time, the
Agency received petitions from environmental
and industry groups to accelerate the phaseout
of these chemicals.
In addition, the fourth meeting of the Parties to
the Montreal Protocol took place in Copenhagen
in November 1992. At this meeting, the Parties
made a number of decisions which'are reflected
in this final regulation. This regulation
implements the United States' obligation to the
recent agreements made in Copenhagen by the
Parties to the Protocol and implements the
accelerated phaseout of ozone-depleting.
substances while responding to the petitions
received by the Agency from environmental and
industry groups.
The Parties to the Protocol agreed to accelerate
the phaseout of CFCs, carbon tetrachloride, and
methyl chloroform to the end of 1995 and
halons to the end of 1993. In addition, the
Parties agreed to add hydrobromofluorocarbons
the the class I list and phase them out by the
end of 1995. In accordance with these
agreements, this regulation schedules the
phaseout of these chemicals by these dates.
066
-------
-------
The recent United Nations Environment
Programme (UNEP) Scientific Assessment
identified methyl bromide, widely used as a soil
fumigant, as a significant ozone-depleting
compound. The parties set an ozone depletion
potential of 0.7 for this chemical. Starting in
1994, this regulation freezes the production and
consumption of this chemical at 1991 levels
through the year 2000. The Agency is obligated
under the Clean Air Act to phase this chemical
out by the year 2001.
The Final Regulation
Specifically, EPA is reducing production and
consumption levels and phasing out the
production and consumption of the major ozone-
dep^leting chemicals. In addition, methyl
bromide and the HBFCs are added to the list of
class I substances and scheduled for phaseout.
The phaseout schedule, in terms of percentage
of baseline production allowed, is presented on
the following page. ,
The Parties also agreed in Copenhagen to
completely phase out the production and
consumption of hydrochlorofiuorocarbons
(HCFCs) by the year 2030. Production and
consumption would be limited to a cap equal to
3.1 percent of CFCs consumed in 1989,
weighted by ozone-depletion potential, plus the
consumption of HCFCs in the same year, also
weighted by ozone-depletion potential. Parties
would reduce this cap by specified reductions,
culminating in a complete phaseout by 2030.
Although less harmful than CFCs, these
chemicals do deplete the ozone layer and, if left
unchecked, would contribute to this problem.
The Agency intends to meet these limits by
accelerating the phaseout of HCFC-141b,
HCFC-142b and HCFC-22. These are the most
damaging of the HCFCs. By eliminating these
chemicals by the specified dates, the Agency
believes that it will meet the requirements of the
cap approved by the Parties. The controls on
HCFC-141b, HCFC-142b and HCFC-22 are
specified on the following page.
In addition to the above phaseout schedule
changes, the final regulation implements a
number of additional amendments to the existing
phaseout regulations as follows:
• The final rule now permits an exemption
from the allowance requirements for the
production of ozone-depleting chemicals
if such production is inadvertent or
coincidental during a manufacturing
process. Also, these inadvertent or
coincidentally produced chemicals are not
considered controlled substances or
products if they are present in trace
quantities as1 a result of the use of these
chemicals as a process agent.
• The regulation permits production of
controlled substances for transformation
or destruction outside of the production
and consumption allowance requirements
if the destruction is achieved by one of
the processes approved by the Parties to
the'Montreal Protocol. The following
processes have been approved:
1) liquid injection incineration
2) reactor cracking
3) gaseous/fume oxidation
4) rotary kiln incineration
•5) cement kilns
• The transshipment of bulk controlled
chemicals from one foreign country to
another, through'the United States, will
not count as consumption under these
regulations by the United States.
-------
Accelerated Phaseout Schedule for Class I Ozone-Bepleting Substances
Date
(Jan. l>
1994 -
1995 ,
1994
im
i99B
1999
2000
mi
sCFC$
- 255 !
25%-, -
v 096 * !
>' ®% '* !
" 05£ ,:
-; 051 :
03$^ .
0*v'
Hftktts
* 0%
; ^% ,
\- OS
= OS
; &#*
I- 0^
! -01
I ^%
C^rlx«i, \
Tetraehloiidb ;
50% , !
„ 15% ' !
, o^ ;
' 0^ !
0% !
, o^ M
0% -
m>.
Me&yl
CSUoroforai
, 50*
30%
$&
i - a* *
! 0»-
! * Of
: ' ' 0%'
1 - 0%
Melbyl
Bromide
100ft
109%
100%
106%
100%
' 100%
100%
0%
HBFCs
100%
100% -
0%
0*'
0%
, 0%,
0%
0%
vIkd&Brated P&*ss0«tSchedule for Class H Qzeae-Peptetfag Substances
Date
-------
The import and export of recycled or
used controlled substances will no lopger
be considered consumption by the United
States. :
The regulation implements a new
definition of importer to ensure that the
owner, not necessarily the "importer of
record," is responsible for the import.
The regulation simplifies and reduces the
reporting andrecordkeepingrequirements
for companies dealing in controlled
substances.
The regulation exempts controlled
substances used for feedstock purposes
from the requirements. No allowances
are needed when producing or importing
these substances for feedstock uses.
• Finally, this regulation includes various
trade provisions required by the Montreal
-. Protocol to encourage countries to join
the Protocol by prohibiting trade of bulk
controlled substances and products
containing controlled substances with
non-parties.
Effective Date
The effective date of this regulation is January
1, 1994.
For More Information
The Stratospheric Ozone Information Hotline is
able to provide copies of the rule as published
in the Federal Register on December 10, 1993.
The Federal Register is available in university
and government libraries. If you wish to
receive a copy of the final rule from the
Hotline, please call 1-800-296-1996.
vvEPA
United States
Environmental Protection
Agency
(6205-J) -
Washington, DC 20460
Official Business"
Penalty for Private Use
$300 •.••-.
-------
------- |