Background

The Environmental Protection Agency has issued a final rule allocating production and consumption allowances for specific hydrochlorofluorocarbons, a type of ozone-depleting substance, for the years 2020 through 2029. These HCFCs may be used to service certain equipment manufactured before 2020.

This rule also updates other requirements under the program for controlling production and consumption of ozone-depleting substances. These include revising the labeling requirements for containers of specific HCFCs; prohibiting the transfer of HCFC allowances allocated through this rule into allowances for HCFCs that have already been phased out; requiring the use of an electronic reporting system for importers, exporters, producers, transformers, and destroyers of class I and class II ozone-depleting substances; revising and removing recordkeeping and reporting requirements; improving the process for petitioning to import used substances for reuse; creating a certification process for importing used and virgin substances for destruction; and restricting the sale of known illegally imported substances.

Additionally, the EPA is clarifying the certification requirements for methyl bromide quarantine and preshipment uses, adding polyurethane foam systems containing ozone-depleting chlorofluorocarbons to the list of nonessential products, and update the definition of “destruction” as used in the context of the production and consumption phaseout.

Most provisions of this rule will take effect April 16.

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