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Clean Air Act regulations phase out the production and import of ozone-depleting substances (ODS) like chlorofluorocarbons (CFCs) consistent with the schedules developed under the Montreal Protocol.
Scope
In 1990, Title VI of the Clean Air Act authorized regulations regarding the use and production of chemicals that harm the Earth’s stratospheric ozone layer. This layer protects against ultraviolet B sunlight, which is linked to different medical conditions including cataracts and skin cancer. The ODS were classified into two groups, Class I and Class II. Class I consists of substances including chlorofluorocarbons. They have an ozone depletion potential (ODP) (HL) of 0.2 or higher. Class II consists of substances including hydro chlorofluorocarbons (HCFC). They have an ODP of less than 0.2.
CFCs were frequently used as refrigerants, solvents, and foam blowing agents. The most common CFCs were CFC-11, CFC-12, CFC-113, CFC-114, and CFC-115. They have been phased out in the United States, with a few exceptions.
The CFC phaseout affects anyone that has or works on equipment that uses ozone-depleting substances. This can include manufacturers, technicians, and operators, those who work in ice rinks, supermarkets, and food retail.
Regulatory citations
- 42 U.S.C. 7671 —Stratospheric Ozone Protection
Key definitions
- Chlorofluorocarbon: Compound consisting of chlorine, fluorine, and carbon. It is very stable in the troposphere. It moves to the stratosphere and is broken down by ultraviolet light, where it releases chlorine atoms that then deplete the ozone layer.
- Methyl bromide: Compound consisting of carbon, hydrogen, and bromine. It is an effective pesticide used to fumigate soil and many agricultural products. It has an ozone depletion potential of 0.6.
- Montreal Protocol: Finalized in 1987, it is a global agreement to protect the stratospheric ozone layer by phasing out the production and consumption of ODS.
- Ozone: Blue-tinted gas composed of three atoms of oxygen that is harmful to breathe. Almost 90 percent of the Earth’s ozone is in the stratosphere and is referred to as the ozone layer.
- Ozone depletion potential (ODP): Number that refers to the amount of ozone depletion caused by a substance. The ODP is the ratio of the impact on ozone of a chemical compared to the impact of a similar mass of chlorofluorocarbon (CFC)-11. Thus, the ODP of CFC-11 is 1.0. Other CFCs and hydrochlorofluorocarbon have ODPs that range from 0.01 to 1.0.
Summary of requirements
Both groups have a timeline for phaseout:
- It is no more than seven years after being added to the list for Class I substances. The ban on production and import of halons took effect on January 1, 1994. The ban on production and import of other Class I ODS—excluding methyl bromide—took effect on January 1, 1996.
- Methyl bromide became 100 percent phased out in 2005.
- It is no more than ten years for Class II substances.
- HCFC usage had to be lowered to at least 90 percent below baseline levels in 2015 and to at least 99.5 percent below baseline levels in 2020.
- There will be no production or import of any HCFCs by 2030.
Title VI establishes methods for preventing harmful chemicals from entering the stratosphere in the first place, including recycling or proper disposal of chemicals, and finding substitutes that cause less or no damage. The Significant New Alternatives Policy (SNAP) Program is EPA’s program to evaluate and regulate substitutes for the ozone-depleting chemicals that are being phased out under the stratospheric ozone protection provisions of the Clean Air Act.
The following are important regulated actions related to the CFC phaseout:
- EPA permits the unintentional or chance production of trace quantities of ODS during a manufacturing process.
- EPA permits the production of controlled substances for transformation or destruction outside of the allowance requirements, if the destruction is achieved by one of the processes approved by the Parties to the Montreal Protocol:
- Liquid injection incineration,
- Reactor cracking,
- Gaseous/fume oxidation,
- Rotary kiln incineration, or
- Cement kilns.
- The transhipment of bulk controlled chemicals from one foreign country to another through the United States does not count as consumption by the United States.
- The import and export of recycled or used controlled substances does not count as consumption by the United States.
- EPA regulations exempt controlled substances used for feedstock purposes from the requirements. No allowances are needed when producing or importing these substances for feedstock uses.
- EPA prohibits the trade of bulk controlled substances and products containing controlled substances with countries that are not Parties to the Montreal Protocol.