In Focus: ODS Reporting Update & ODS Enforcement * Availability of E-Reporting Forms * Recent Enforcement Actions * Requesting Additional Consumption Allowances * Exporter Reporting Requirements * Second-Party Transformer and Destroyer Reporting Requirements AVAILABILITY OF E-REPORTING FORMS EPA is excited to announce the availability of a new electronic reporting form: The Class II Request for Additional Consumption Allowances (RACA) report. In total, EPA now offers seven electronic reporting forms: • Class I and Class II Production • Class I and Class II Imports • Class I and Class II Exports • Class 11 RACA Visit EPA's Website to access the formsand for more information about EPA's electronic reporting program. What is RACA? See page 2 for more information on requesting additional Class II consumption allowances. RECENT ENFORCEMENT ACTIONS EPA has issued several regulations underTitle VI of the Clean Air Act designed to protect the ozone layerand to provide fora smooth transition away from ODS. EPA is also charged with enforcing these regulations. In the past yearalone there have been at least five enforcement cases related to violations underTitle VI of the Clean Air Act. In October, a Miami man pled guilty on charges of knowingly importing more than 15,000 kilograms of illegal HCFC-22, and faces a possible sentence of up to twenty years in prison, a fine of up to $250,000, and three years of supervised release. To learn more about EPA's enforcement actions, visit EPA's website. Reporting Form Updates EPA recently updated the Class I and Methyl Bromide reporting forms. Check EPA's website to make sure that you are using the latest version. In Focus: ODS Reporting Page 1 November 2012 ------- REQUESTING ADDITIONAL CLASS II CONSUMPTION ALLOWANCES IMPORTANT REMINDER ABOUT CERTAIN REPORTING REQUIREMENTS Attention Exporters of Class II ODS: Did you knowthat you can request additional consumption allowances? As outlined in 40 CFR 82.2Pf a person may request additional consumption allowances equivalent to the quantity of Class II ODS that the person exported from the U.S. and its territories when the quantity of Class II ODS was produced or imported into the U.S. with expended consumption allowances. To request additional consumption allowances, complete EPA's Class II Request for Additional Consumption Allowances reporting form (now also available as an E-Report)r and submit it along with a copy of the corresponding bill of ladings and invoices, which indicate the net quantity of Class II ODS shipped and document the sale of the Class II ODS to the purchaser. If you are not the importer or producer of the substance, you will also need to submit a written statement from the producer or importer indicating that the Class II ODS were produced or imported with expended allowances. EPA will reviewthe documentation and determine whetheradditional allowances should be issued. Additional consumption allowances are only valid in the same calendaryearthe material was exported. Forexample, company A exports 100,000 kg of HCFC-22 in October 2012 and subsequently submits a RACA report to EPA. If the request foradditional consumption allowances is approved, the allowances are only valid in 2012. Exporters: As outlined in lo CFR 82.m(h) and lo CFR 82.2Zu(d)r persons who export Class I or Class II ODS are required to report this activity to EPA at the end of each quarter. Not only are these reports critical to ensure data accuracy as we comply with U.S. obligations under the Montreal Protocol,, but failure to report is a federal violation of the Clean Air Act. Second-Party Transformers and Destroyers: Asoutlined in lo CFR 82.m(m) and lo CFR 82.2Zu(e)r persons who transform or destroy Class I or Class II ODS produced or imported by another person are required to report this activity to EPAatthe end of each reporting year. In addition, companies that are producing or importing Class I orClass II ODS forthe destruction ortransformation by a second-party must obtain the appropriate verification documentation from the second-parties. It is the responsibility of the producing orimporting company to ensure the verification is complete and to submit it each quarter. Quarterly reports must also include a list of ODS quantities shipped tothat transformer during the quarter. Let us know! • Do you have questions about ODS reporting? • Do you have suggestions on howto improve ODS reporting? • Are you are interested in participating in a conference call to learn more about e-reporting? If so, please contact Staci Gatica at (202) 343-9469 oraatica.staci@epa.gov. In Focus: ODS Reporting Page 2 November 2012 ------- |