Fact Sheet: Notice of Proposed Rulemaking- Adjustments to the Allowance System for Controlling HCFC Production, Import, and Export

On December 11, 2008, EPA issued a proposed rule to allocate allowances for consumption and production of hydrochlorofluorocarbons (HCFCs) for 2010-2014.
As a Party to the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol), the United States is obligated to decrease HCFC consumption and production using stepwise reductions that culminate in a complete HCFC phaseout in 2030.
This proposal adjusts existing provisions effective January 1, 2010, by reducing the allowance allocations for HCFC-22 and HCFC-142b and for the first time allocating allowances for production and consumption of other HCFCs.

Title VI of the Clean Air Act Amendments of 1990 authorizes EPA to promulgate regulations to phase out ozone-depleting substances (ODSs).
In 1993, EPA established a chemical-by-chemical, “worst-first,” approach to implement the Montreal Protocol’s graduated phaseout in overall HCFC levels.
In 2003, EPA established an allowance tracking system for HCFCs to ensure that production and consumption of HCFCs did not exceed the Montreal Protocol caps for production and consumption.

EPA will accept comments on the proposed rule on or before March 9, 2009. A transcript from the hearing on the proposed rule held on January 7, 2009, can be viewed here.
All comments should be identified by E-Docket No. HQ-OAR-2008-0496. Comments may be submitted by one of the following methods:

Federal eRulemaking Portal: http://www.regulations.gov. Follow the on-line instructions for submitting comments.
E-mail: A-and-R-docket@epa.gov
Fax: 202-566-1741, Attn: HQ-OAR-2008--0496
U.S. Mail: “HQ-OAR-2008--0496”, Air and Radiation Docket Information Center, U.S. Environmental Protection Agency, Mailcode: 6102T, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Hand Delivery or Courier. Deliver your comments to: EPA Air Docket, EPA West 1301 Constitution Avenue, NW, Room B108, Mail Code 6102T, Washington, D.C. 20460.

Additional information on the phaseout of ozone-depleting substances can be found at: http://www.epa.gov/ozone/title6/phaseout
For further information about this action, contact Ross Brennan of EPA’s Office of Atmospheric Programs at (202) 343-9226 or at Brennan.Ross@epa.gov