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Importing Bulk Ozone Depleting Substances into the United States
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Under Title VI of the Clean Air Act, EPA regulates the import of ozone-depleting substances (ODSs) into the United States. Requirements differ for virgin and used ODSs as well as for Class I and Class II ODSs.
- Class I ODSs include substances such as chlorofluorocarbons (CFCs), halons, carbon tetrachloride, methyl chloroform, methyl bromide, hydrobromofluorocarbons, and chlorobromomethane.
- Class II ODSs include hydrochlorofluorocarbons (HCFCs).
- Used Class I and Class II ODSs are substances that have been recovered from their intended use systems.
If an ODS is imported into the United States, the importer is subject to recordkeeping and reporting requirements. Imports of Class I ODSs are required to submit reports to EPA 45 days after the end of the quarter, and importers of Class II ODSs are required to submit reports to EPA 30 days after the end of each quarter.
Click on the link below for specific information about:
- Importing Virgin Class I ODSs
- Importing Used Class I ODSs
- Importing Virgin Class II ODSs
- Importing Used Class II ODSs
Importing Virgin Class I ODSs
The production and import of virgin Class I controlled substances, including blends that contain Class I substances, have been phased out in the U.S. The phase out began in 1994 with halons, was expanded in 1996 to include the majority of CFCs, and was further expanded in 2005 to include methyl bromide. This means that no person may import a virgin Class I ODS into the United States unless it falls under one of the exemptions listed below.
- Essential uses of CFCs for metered-dose inhalers
- Essential laboratory and analytical uses
- Methyl bromide: critical uses
- Methyl bromide: quarantine and preshipment uses
- Transformation or destruction
- Heels or transhipments
Importing Used Class I ODSs
To import more than five pounds of a used Class I ODS into the United States, importers are required to submit a petition and receive a non-objection notice. A specific form for petitioners to submit information to EPA does not exist; rather, informational components that are required to be included in the petition are identified at 40 CFR 82.13(g)(2). Note that importers must submit petitions to EPA at least 40 working days before the shipment is to leave the foreign port of export. Petitions should be submitted to EPA at the address listed below. For questions, please contact Jennifer Bohman at 202-343-9548.
| For US Postal Service: Stratospheric Protection Division U.S. Environmental Protection Agency Mail Code: 6205J 1200 Pennsylvania Avenue, NW Washington, DC 20460 Attn. Ms. Jennifer Bohman | For Private Courier: Stratospheric Protection Division U.S. Environmental Protection Agency 1310 L Street, NW Washington, DC 20005 Attn. Ms. Jennifer Bohman (1013K) |
Importing Virgin Class II ODSs
Effective January 1, 2003, EPA restricted the import of bulk quantities of HCFC-22, HCFC-142b, and HCFC-141b.
- Only those persons that hold unexpended HCFC-22 consumption allowances are permitted to import HCFC-22.
- Only those persons that hold unexpended HCFC-142b consumption allowances are permitted to import HCFC-142b.
- Only those persons that hold or that have been conferred HCFC-141b exemption allowances are permitted to import HCFC-141b. Here is the list of HCFC allowance holders.
One consumption allowance (i.e. "right to import") permits an importer to import one kilogram of the substance for which they hold that allowance. In other words, to import 10 kilograms of HCFC-22, you must hold 10 unexpended HCFC-22 consumption allowances.
Consumption allowances are required, and expended, to import new ODS blends that contain HCFC-22 or HCFC-142b (such as R-502).
Consumption allowances may be traded. If you do not hold consumption allowances, and you wish to import, you must acquire them from a person who does, following EPA regulations at 40 CFR 82.23. Transfers require advance notification to EPA (PDF) (3 pp., 46kb, About PDF).
EPA provides a listing of persons that hold consumption allowances for Class II substances as of January 2008 to facilitate these transfers. However, EPA does not provide advice or assistance in the brokering of transfers.
Each kilogram of virgin HCFC-22, HCFC-141b, or HCFC-142b that is imported or attempted to be imported without an unexpended consumption allowance or an unexpended HCFC-141 exemption allowance may be considered a separate violation of the Clean Air Act and subject to a fine of a maximum of $32,500 per kilogram. In addition, criminal penalties may also be applied. If you have questions about whether a company can import HCFCs, please contact Kirsten Cappel at 202-343-9556.
Certain imports of virgin HCFC-22, HCFC-141b, or HCFC-142b are exempt from the requirement to hold consumption allowances including:
- Transformation or destruction
- Heels or transhipments
Importing Used Class II ODSs
To import more than five pounds of a used Class II ODS into the United States, importers are required to submit a petition and receive a non-objection notice. A specific form for petitioners to use to submit information to EPA does not exist; rather, informational components that are required to be included in the petition are identified at 40 CFR 82.24(c)(3). Note that petitions required to be sent to EPA at least 40 working days prior to the shipment leaving the foreign port of export. Petitions should be submitted to EPA at the address listed below. For questions, please contact Jennifer Bohman at 202-343-9548.
| For US Postal Service: Stratospheric Protection Division U.S. Environmental Protection Agency Mail Code: 6205J 1200 Pennsylvania Avenue, NW Washington, DC 20460 Attn. Ms. Jennifer Bohman | For Private Courier: Stratospheric Protection Division U.S. Environmental Protection Agency 1310 L Street, NW Washington, DC 20005 Attn. Ms. Jennifer Bohman (1013K) |