Protection of Stratospheric Ozone

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[Federal Register: November 10, 1994] Part IV Environmental Protection Agency 40 CFR Part 82 Protection of Stratospheric Ozone; Proposed Rule ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 82 [FRL-5100-4] RIN 2060-AE70 Protection of Stratospheric Ozone AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed rulemaking.

SUMMARY: With this action, EPA is proposing amendments to anticipate the phaseout of production and consumption of various ozone-depleting substances and to clarify minor aspects of the current regulation as provided for under section 604 and 606 of the Clean Air Act Amendments of 1990 (CAA). To ensure an orderly phaseout of the production and consumption of halons in 1994, and of chlorofluorocarbons (CFCs), carbon tetrachloride, methyl chloroform and hydrobromofluorocarbons in 1996, this action proposes to alter the administrative requirements of the regulations so companies may continue to produce for special exempted uses. Today's action also proposes clarifications to improve the efficiency of the current requirements and to reduce the burden on the affected companies while ensuring continued compliance with Title VI of the CAA and in a manner consistent with the United States' obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer as amended.
Specifically, EPA proposes to (1) change the requirements for the post-phaseout period for transformation and destruction of ozonedepleting substances; (2) establish the framework for the post-phaseout exempted production for essential uses; (3) revise the controls for imports of controlled substances that are used or recycled; (4) ease the requirements for exporting substances to Article 5 countries; (5) change the allowance requirements for exports of ozone-depleting substances; (6) clarify the definitions for transhipments and heels; (7) provide a period of reconciliation in which allowance balances may be adjusted; and (8) adjust the recordkeeping and reporting requirements.

DATES: Written comments on this proposed rule must be received on or before December 12, 1994, unless a public hearing is requested. Comments must then be received on or before 30 days following the public hearing. Any party requesting a public hearing must notify the contact person listed below by 5 p.m. Eastern Standard Time on November 21, 1994. If a hearing is held EPA will publish a document in the Federal Register announcing the hearing information.

ADDRESSES: Comments on this proposed rulemaking should be submitted in duplicate (two copies) to: Air Docket No. A-92-13, U.S. Environmental Protection Agency, 401 M Street SW., Room M-1500, Washington, DC 20460. Inquiries regarding a public hearing should be directed to the Stratospheric Ozone Information Hotline at 1-800-296-1996. Materials relevant to this proposed rulemaking are contained in Docket No. A-92-13. The Docket is located in room M-1500, First Floor, Waterside Mall at the address above. The materials may be inspected from 8 a.m. until 4 p.m. Monday through Friday. A reasonable fee may be charged by EPA for copying docket materials.

FOR FURTHER INFORMATION CONTACT: Tom Land, U.S. Environmental Protection Agency, Stratospheric Protection Division, Office of Atmospheric Programs, 6205J, 401 M Street SW., Washington, DC, 20460, (202)-233-9185.

SUPPLEMENTARY INFORMATION:

I. Background
II. Administrative Changes in the Stratospheric Protection Program A. Program Requirements for Continued Post-Phaseout Production and Imports

Post-Phaseout Requirements for Transformation and Destruction of Controlled Substances
Post-Phaseout Requirements for Essential-Use Production B. Imports of Used Controlled Substances
Information Requirements
Certification by the Country of Export C. Program Adjustments and Clarifications to Become Effective January 1, 1995
Changes in Requirements for Export to Article 5 Countries
Administrative Changes to the Consumption Allowance Requirements for Exports
Administrative Changes to Production Allowance Requirements for Exports that are Transformed or Destroyed
Treatment of Controlled Substances Remaining in Emptied Containers, i.e. ``Heels''
Clarification of the Definition of Transhipment
Provision of Account Reconciliation Period
Additional Clarifications
Clarification of Reporting and Recordkeeping Requirements III. Summary of Supporting Analysis
A. Executive Order 12866
B. Regulatory Flexibility Act
C. Paperwork Reduction Act I. Background
The current regulatory requirements of the Stratospheric Ozone Protection Program that limit production and consumption of ozonedepleting substances were promulgated by the Environmental Protection Agency (EPA) in the Federal Register on December 10, 1993 (58 FR 65018), and on December 30, 1993 (58 FR 69235). These rules set out the requirements of an Allowance Program (the Program). The Allowance Program was originally developed in 1988 (published on August 12, 1988, 58 FR 30568) in response to the 1987 ``Montreal Protocol on Substances that Deplete the Ozone Layer,'' an international agreement that requires nations that are Parties to the Protocol to reduce and eventually eliminate their production and consumption of ozone-depleting chemicals.\1\

\1\Several minor revisions to the original 1988 rule were issued on the following dates: February 9, 1989 (54 FR 6376), April 3, 1989 (54 FR 13502), July 5, 1989 (54 FR 28062), July 12, 1989 (54 FR 29337), February 13, 1990 (55 FR 5005), June 15, 1990 (55 FR 24490) and June 22, 1990 (55 FR 25812).

In 1990, the Parties to the Protocol amended the Montreal Protocol during their meeting in London and added other ozone-depleting chemicals and designated phaseout dates for production and consumption of these chemicals. Shortly after the 1990 meeting of the Protocol Parties, the United States Congress passed the Clean Air Act Amendments (CAA). The CAA requires the phaseout of ozone-depleting chemicals on a schedule parallel to, or in some cases more stringent than, that of the Protocol.
The Allowance Program promulgated in the Federal Register, first on March 6, 1991 (56 FR 9518), and then as a final rule on July 30, 1992 (57 FR 33754), was designed to ensure that the United States meet its obligations to control and phase out these substances under the Protocol and consistent with Title VI of the CAA. Since that time, the Parties to the Protocol agreed to accelerate the phaseout of all class I substances (except Group VI), to control class II substances and to add methyl bromide and hydrobromofluorocarbons (HBFCs) to the list of class I substances. EPA modified its control requirements in a final rule promulgated December 10, 1993, in the Federal Register, to be consistent with Title VI and the Protocol adjustments and amendments. The substances that are listed in the Protocol, and controlled in the accelerated phaseout, are:
CLASS I
<bullet> Chlorofluorocarbons (CFCs); <bullet> Halons;
<bullet> Carbon Tetrachloride;
<bullet> Methyl Chloroform;
<bullet> Methyl Bromide;
<bullet> Hydrobromofluorocarbons (HBFCs);
CLASS II
<bullet> Hydrochlorofluorocarbons (HCFCs). (These substances are described in greater detail in 58 FR 65018).
EPA promulgated regulations on December 10, 1993, accelerating the phaseout of halons to January 1, 1994, the phaseout of chlorofluorocarbons (CFCs), carbon tetrachloride, methyl chloroform, and HBFCs to January 1, 1996, and the phaseout of methyl bromide to January 1, 2001. The rule also accelerates the phaseout of class II substances, HCFC-22, HCFC-141b and HCFC-142b. Both the Protocol and the Clean Air Act require the phaseout of production and consumption of ozone-depleting substances. In the context of the Program, the use of the term consumption may be misleading. It is not the ``use'' of these substances that is controlled through the regulations but rather the amount of the substance available for U.S. domestic consumption, defined as production plus imports minus exports of bulk virgin chemicals. In developing the regulatory program, EPA collected information on the amounts of ozone-depleting substances produced, imported, exported, transformed and destroyed domestically. This information was used to establish the U.S. production and consumption ceilings for these chemicals. The data was also used to assign company-specific production and import rights in most cases for companies either importing or producing during the base years of the data collection. These rights are called allowances.
Companies expend allowances when they produce or import ozonedepleting substances. With certain restrictions, the allowances can be traded among companies both domestically and internationally (between Party countries). To control production, the Agency allocated baseline production allowances to producers of specific ozone-depleting chemicals. To control consumption, the Agency allocated baseline consumption allowances to producers and importers of specific ozonedepleting chemicals. Allowances for class I substances are currently provided to companies on an annual basis except for the production of halons, which was phased out on January 1, 1994. In summary, the Program currently operates as follows: <bullet> In order to produce controlled ozone-depleting substances, companies must use both production and consumption allowances; <bullet> In order to import controlled substances, companies must use consumption allowances;
<bullet> No allowances are required in order to export, once allowances are expended in the production or importation of the substance. Rather, companies that export can apply for and be granted additional consumption allowances;
<bullet> If a company exports certain controlled substances to an Article 5 country (developing nations as defined by the Protocol that consume less than .3 kilograms of CFCs per capita), the company producing these chemicals can request additional production allowances as well as the consumption allowances normally granted for export. Production by Parties to the Protocol for these developing countries will continue for 10 years after the phaseout in the United States. The number of additional production allowances that can be provided to a company for this purpose is currently limited to 10 percent of their baseline allowance but will increase to 15 percent upon phaseout of these controlled substances.
<bullet> No allowances are required to produce ozone-depleting substances that are transformed or destroyed domestically; <bullet> Used or recycled ozone-depleting chemicals can be imported without allowances. No consumption allowances are granted if used or recycled ozone-depleting chemicals are exported; <bullet> Companies are required to maintain records and to provide the data to ensure compliance with the regulation and to meet the reporting requirements of the Protocol. The Program currently controls and monitors the production and consumption of ozone-depleting substances in the United States. The production and import of halons has already been phased out, and the phaseout for the remaining class I substances, except for methyl bromide, is scheduled for January 1, 1996. In order to ensure an orderly phaseout in 1996, the EPA must alter the administrative requirements of the regulations so companies may continue to produce for exempted uses permitted under the Montreal Protocol and Clean Air Act Amendments.
In addition, the Agency is seeking to improve the efficiency of the requirements and to reduce the burden on the affected companies while ensuring continued compliance with Title VI of the CAA and the Montreal Protocol. In light of these objectives, the Agency is proposing the following administrative changes to improve the Program.
II. Administrative Changes in the Stratospheric Protection Program
A. Program Requirements for Continued Post-Phaseout Production and Imports
The paragraphs under Section A., Program Requirements for Continued Post-Phaseout Production and Imports, describe the administrative changes being proposed by EPA to facilitate the phaseout of all class I ozone-depleting substances effective January 1, 1996 (except for methyl bromide), and the special production and importation scenarios allowed for essential uses.\2\

\2\In contrast, the changes in Section C., Program Adjustments and Clarifications, are proposed to modify the current regulation in order to increase the effectiveness of the program and ease administrative burdens and will go into effect January 1, 1995.

The Program currently requires the use of allowances by companies that produce or import class I chemicals, except halons (Group II), which were phased out January 1, 1994. Under the current regulation, the phaseout of the production and consumption of the following Groups of class I controlled substances will be complete by January 1, 1996:
Group I, CFCs
Group II, Halons
Group III, Other CFCs
Group IV, Carbon Tetrachloride
Group V, Methyl Chloroform, and
Group VII, HBFCs.
A list of the specific class I ozone-depleting chemicals in each Group is in Appendix A and F in Subpart A. Due to the phaseout, the Agency is proposing to no longer use production and consumption allowances for all class I controlled substances, except Group VI, methyl bromide, beginning January 1, 1996. Today's proposal anticipates the 1996 production phaseout agreed to by the Parties to the Protocol for CFCs, carbon tetrachloride, methyl chloroform and HBFCs, but allows production for essential uses to become effective January 1, 1996, contingent upon approval for such essential uses by the Parties to the Protocol at the October 1994 meeting.
Although EPA proposes to no longer use production and consumption allowances for class I controlled substances (except methyl bromide) beginning January 1, 1996, the Agency envisions that the manufacture of class I controlled substances will continue after January 1, 1996, provided the substances are:
<bullet> either transformed or destroyed, <bullet> exported to Article 5 countries, <bullet> produced for essential uses as authorized by the Protocol and CAA and consistent with essential-use allowances, or <bullet> produced with destruction or transformation credits. In addition, EPA envisions class I controlled substances (except methyl bromide) being imported without the need for consumption allowances after January 1, 1996, if:
<bullet> the substance is either transformed or destroyed, <bullet> the substance was previously used, recycled or reclaimed, <bullet> the substance was imported using destruction or transformation credits, or
<bullet> the substance was imported using essential-use allowances. Although the proposal is to no longer use production or consumption allowances for the phased out class I substances (except methyl bromide), the Agency wishes:
(1) to maintain a category of Article 5 allowances (previously called potential production allowances), (2) to create a new category of essential-use allowances, and (3) to create destruction and transformation credits (similar to the previous process for granting additional production allowances when substances produced or imported with expended allowances are transformed or destroyed).
The following paragraphs describe the allowance requirements for a variety of production and importation scenarios under the current Allowance Program. In addition, the paragraphs describe the administrative changes being proposed by EPA to facilitate the phaseout of all class I ozone-depleting substances effective January 1, 1996, (except for methyl bromide) and the special production and importation scenarios proposed for the post-phaseout period.
1. Post-Phaseout Requirements for Transformation and Destruction of Controlled Substances
  The current regulation distinguishes between two categories of controlled substances that are transformed or destroyed. The two categories are: (1) controlled substances that were produced or imported explicitly for uses that result in transformation or destruction, and (2) controlled substances that were produced or imported with the intention of putting the substance to an ``emissive use.'' EPA proposes adding the definition of emissive use to the current regulation, such that emissive use would be those uses of controlled substances that do not result in the transformation or destruction of the substance. Examples of emissive uses would be the incorporation of controlled substances into a refrigerator or an air conditioner (for a car, household or building), or the use of a controlled substance as a solvent to clean machine parts or circuit boards.
  The current program assumes that when a controlled substance is produced or imported for other than transformation or destruction it is intended for an emissive use. When the controlled substance is produced or imported for an intended emissive use, the producer or importer must expend allowances under the current program. Whether or not the controlled substance is actually incorporated into an emissive use is not as important as the fact that it was intended for an emissive use. If the controlled substance is intended for an emissive use at the time of production or importation, the person producing or importing the substance is required to expend allowances. However, the expenditure of allowances is not sufficient to define emissive use. For example, a controlled substance recovered from an air conditioner, refrigerator or dehumidifier manufactured before the current program became effective (July 1989) would not have been produced with expended allowances. In the following discussion, EPA proposes changes to the requirements for controlled substances that are produced explicitly for transformation and destruction, and to the requirements for controlled substances that are produced for intended emissive uses and then subsequently transformed or destroyed. The requirements differ according to the intended purpose of the controlled substance during production.
  a. Production or importation of controlled substances explicitly for uses that result in domestic transformation or destruction. The current regulation does not require a person to expend allowances if they are explicitly producing or importing a controlled substance for a use that will result in the transformation or destruction of that substance in the United States. In other words, allowances do not need to be expended at the time of production or importation as long as the producer or importer has certification that the controlled substance will be transformed or destroyed by themselves, by a second-party, or by a third-party. As long as the producer or importer has such certification that the substance will be transformed or destroyed domestically, there is no need to expend allowances for the production or importation of the substance. To confirm the future transformation or destruction of the controlled substance, the current regulation requires the second- or third-party person, who will transform or destroy the substance, to submit a transformation certification or destruction verification to the producer or exporter. EPA proposes that the current system continue after January 1, 1996, and that companies be permitted to produce or import controlled substances explicitly for uses that result in transformation or destruction with the same requirements as under the current regulation.\3\ Therefore, such producers and importers will continue to receive an IRS certification of intent to transform or a destruction verification from the second- or third-party transformers or destroyers. The producers and importers will also continue to submit these certificates or verifications to EPA along with their quarterly reports (see Section C.7. Recordkeeping and Reporting).
  \3\Controlled substances produced for export to be transformed or destroyed are discussed in section C.3. ``Administrative Changes to Production Allowance Requirements for Exports that are Transformed or Destroyed.''
  
  b. Production or importation of controlled substances intended for emissive use but subsequently transformed or destroyed. Under the current regulation a person who transforms or destroys a controlled substance that was produced or imported with expended allowances may petition the Agency for ``additional'' consumption and production allowances. The person who transforms or destroys a controlled substance that was produced or imported with expended allowances is essentially requesting a ``refund'' of the allowances originally used in the production or importation of the substance. EPA proposes that, after the phaseout begins on January 1, 1996, companies will no longer be able to request additional production allowances or consumption allowances for the transformation or destruction of controlled substances which were produced or imported for emissive uses (other than for methyl bromide). The Agency proposes the elimination of the specific provisions that grant additional production and consumption allowances, beginning January 1, 1996, for all class I controlled substances, except methyl bromide, in anticipation of the post-phaseout elimination of production and consumption allowances for those substances. Thus, a person who expends allowances to produce or import a class I substance, other than methyl bromide, and then transforms or destroys that substance after January 1, 1996, will not be granted additional production or consumption allowances. However, a person who expends allowances and then transforms or destroys methyl bromide after January 1, 1996, would still be able to petition the Agency for additional production and consumption allowances until January 1, 2001, as under the current regulation. In this respect, a person who transforms or destroys methyl bromide that was produced or imported for an intended emissive use may continue to follow the existing regulation as described under Sec. 82.9 and Sec. 82.10.
  c. The post-phaseout procedures for granting destruction and transformation credits. At the Fourth Meeting of the Protocol Parties in Copenhagen in 1992, in Decision IV/24, the Parties agreed to urge ``all practicable measures to prevent releases of controlled substances into the atmosphere.'' In accordance with this Decision, EPA wishes to continue encouraging destruction and transformation of controlled substances after the phaseout begins January 1, 1996, especially for those controlled substances that were produced or imported for intended emissive uses. EPA believes a system of incentives can be devised to foster destruction or transformation of ozone-depleting substances in order to prevent their emission to the atmosphere. In this action, EPA proposes a system of incentives to encourage destruction or transformation after the accelerated phaseout dates by offering credits for the destruction or transformation of controlled substances. These credits would be used to produce or import an amount of controlled substance. The Agency believes a system of incentives to encourage destruction or transformation of controlled substances after the phaseout is an important mechanism to deter individuals from releasing the unneeded controlled substance to the atmosphere. As discussed below, EPA believes that Decision IV/24 of the Parties to the Protocol urging measures to prevent the release of unneeded controlled substances to the atmosphere and the Protocol definition of production provide the basis to devise incentives for destruction or transformation after the accelerated phaseout and until the interim and final phaseout dates set forth in the CAA. The Protocol defines production as the ``amount of controlled substances produced, minus the amount destroyed by technologies to be approved by the Parties and minus the amount entirely used as feedstock in the manufacture of other chemicals.'' Under the Protocol, Parties may continue to produce controlled substances after they are phased out as long as the amount of the controlled substance produced is offset in each control period by the same amount that is transformed\4\ or destroyed by an approved technology.\5\ The Protocol definition of production indicates that an amount of controlled substance produced and the same amount destroyed or transformed would balance in a calculation of atmospheric loading and result in a net environmental impact of zero.
  
  \4\Under the current regulation, transformation is defined as the amount entirely used as feedstock (except for trace quantities) in the manufacture of other chemicals.
  \5\To date, Parties have approved five technologies for destruction (Decision IV/11) which are listed in the definition or ``destruction'' under Sec. 82.3.
  
  Although the definition of production in the Protocol would permit continued production beyond the phaseout as long as such production was offset by transformation or destruction, the definition of production under the Clean Air Act Amendments is distinct and does not permit such offsetting. The CAA defines ``produce,'' ``produced'' and ``production'' as the ``manufacture of a controlled substance from any raw material or feedstock chemical, but such terms do not include (A) the manufacture of a substance that is used and entirely consumed (except for trace quantities) in the manufacture of other chemicals, or (B) the reuse or recycling of a substance.'' Under the CAA definition, once production of a controlled substance is phased-out, it may no longer be produced for emissive purposes because there are no provisions, as in the Protocol's definition, to permit that continued production be offset by destruction or transformation. Pursuant to CAA section 614, in the case of conflict between any provision of the CAA and the Montreal Protocol, the more stringent provision shall govern. Because the CAA definition of production is more stringent than that of the Protocol, the definition of production under the CAA shall apply when the phaseout dates under the CAA take effect. Section 604 of the CAA sets interim reductions and final phaseout dates for listed class I substances. The class I substances listed in the CAA must be phased out by the year 2000, except for methyl chloroform which must be phased out by the year 2002. In addition, under the terms of the CAA, methyl bromide must be phased out by 2001. Section 604 also includes interim reductions for the listed class I substances as outlined in Table I below. In today's rule, EPA proposes to authorize the use of destruction/ transformation credits until the respective dates when the terms of the CAA become more stringent than those of the Protocol (2000 for most class I controlled substances, 2001 for methyl bromide, and 2002 for methyl chloroform). For example, under the terms of the Protocol, CFC- 12 must be phased out by 1996, but production may be continued as long as it is offset by either transformation or destruction. However, the CAA requires that in 1996, the maximum allowable production of CFC-12 be no more than 40 percent of the quantity produced in the baseline year. From 1995 until 1999, the CAA requires that the maximum allowable production of CFC-12 be no more than 15 percent of the quantity produced in the baseline year, and in the year 2000, no CFC-12 may be produced.
  Today's proposal permits the use of destruction and/or transformation credits, but does not permit continued production beyond the maximum allowable limits set forth in the CAA. Thus in the example above, for 1996, individuals may use destruction and/or transformation credits, but in no case may CFC-12 be produced for emissive purposes beyond 40 percent of the quantity produced in the baseline year. To comply with the 1996 phaseout date and definition of production under the Protocol, production of this amount of CFC-12 must be offset by the amount transformed or destroyed.\6\
  
  \6\Limits are being proposed in today's action for production after 1996 regarding destruction and transformation credits, essential-use allowances (to be discussed in the next section of the preamble) and Article 5 allowances (discussed in section C.1. ``Changes in Requirements for Export to Article 5 Countries'' of the preamble.)
  
  Below is a chart indicating the dates and the maximum permissible production levels set forth in the Clean Air Act Amendment of 1990.
  Table I.--Title VI of the Clean Air Act Amendments of 1990 Production Phaseout Schedule for Ozone-Depleting Substance
  Other Carbon Methyl class I (percent) (percent) (percent) Quantity Company Year Chemical (metric tons) Metered Dose Inhalers: ........... CFC-12.................... 2353.2 ........... CFC-114................... 314.1 1997 CFC-11.................... 658.3 ........... CFC-12.................... 2166.5 ........... CFC-114................... 311.4 ........... CFC-114................... 29.6 1997 CFC-12.................... 10.5 ........... CFC-114................... 31.7 Space Shuttle Solvent 1997 Methyl Chloroform......... 56.8 Laboratory and Analytical Applications Carbon Tetrachloride. 1997 (\2\)..................... (\2\) \1\No quantity specified. \2\Same. Quantity (metric Company Year Chemical tons) Metered Dose Inhalers CFC-12.................... 2353.2 CFC-114................... 314.1 1997 CFC-11.................... 658.3 CFC-12.................... 2166.5 CFC-114................... 311.4 CFC-114................... 29.6 1997 CFC-12.................... 10.5 CFC-114................... 31.7 Space Shuttle Solvent 1997 Methyl Chloroform......... 56.8 Laboratory and Analytical Applications Carbon Tetrachloride. specified. 1997 Same...................... Same. Allowances E.I. DuPont de Nemours & Co 33,830,000 Elf Atochem, N.A........... 21,821,500 Allied-Signal, Inc......... 35,699,776 E.I. DuPont de Nemours & Co 64,849,000 Elf Atochem, N.A........... 31,089,807 Allied-Signal, Inc......... 21,788,896 Allied-Signal, Inc......... 1,488,569 E.I. DuPont de Nemours & Co 4,176,000 ICI Americas, Inc.......... 2,135,484 Great Lakes Chemical Corp.. 1,766,850 Halon-2402 E.I. DuPont de Nemours & Co 187,831 Elf Atochem, N.A........... 3,992 Great Lakes Chemical Corp.. 56,381 Laroche Chemicals.......... 29,025 Halocarbon Products Corp... 1,270 Degussa Corporation........ 26,546 Dow Chemical Company, USA.. 18,987,747 E.I. DuPont de Nemours & Co 9,099 Hanlin Chemicals--WV, Inc.. 219,616 ICI Americas, Inc.......... 853,714 Occidental Chemical Corp... 1,059,358 Vulcan Chemicals........... 21,931,987 E.I. DuPont de Nemours & Co 2 PPG Industries, Inc........ 57,450,719 Vulcan Chemicals........... 89,689,064 Corporation. Ethyl Corporation.......... 8,233,894 Corporation. Allowances E.I. DuPont de Nemours & Co 32,054,283 Elf Atochem, N.A........... 21,740,194 Hoechst Celanese 185,396 Corporation. ICI Americas, Inc.......... 1,673,436 Kali-Chemie Corporation.... 82,500 Laroche Chemicals.......... 12,695,726 National Refrigerants, Inc. 693,707 Refricentro, Inc........... 160,697 Sumitomo Corporation of 5,800 America. E.I. DuPont de Nemours & Co 61,098,726 Elf Atochem, N.A........... 32,403,869 Hoechst Celanese 138,865 Corporation. ICI Americas, Inc.......... 1,264,980 Kali-Chemie Corporation.... 355,440 Laroche Chemicals.......... 15,281,553 National Refrigerants, Inc. 2,375,384 Refricentro, Inc........... 242,526 E.I. DuPont de Nemours & Co 49,602,858 Elf Atochem, N.A........... 244,908 Holchem.................... 265,199 ICI Americas, Inc.......... 2,399,700 Refricentro, Inc........... 37,385 Allied-Signal, Inc......... 1,429,582 E.I. DuPont de Nemours & Co 3,686,103 Elf Atochem, N.A........... 22,880 E.I. DuPont de Nemours & Co 2,764,109 Elf Atochem, N.A........... 633,007 Hoechst Celanese 8,893 Corporation. ICI Americas, Inc.......... 2,366,351 Laroche Chemicals.......... 135,520 Refricentro, Inc........... 27,337 (b) For Controlled Substances Great Lakes Chemical Corp.. 772,775 ICI Americas, Inc.......... 2,116,641 Kali-Chemie Corporation.... 330,000 Elf Atochem, N.A........... 89,255 Great Lakes Chemical Corp.. 1,744,132 Kali-Chemie Corporation.... 54,380 Great Lakes Chemical Corp.. 15,900 E.I. DuPont de Nemours & Co 158,508 Elf Atochem, N.A........... 3,992 Great Lakes Chemical Corp.. 56,239 ICI Americas, Inc.......... 5,855 Laroche Chemicals.......... 29,025 National Refrigerants, Inc. 16,665 America. E.I. DuPont de Nemours & Co 11 E.I. DuPont de Nemours & Co 170,574 CFC-217.................... Degussa Corporation........ 56 Dow Chemical Company, USA.. 12,466 E.I. DuPont de Nemours & Co 8,170,561 Elf Atochem, N.A........... 26,537 Hanlin Chemicals-WV, Inc... 103,133 Hoechst Celanese 3 Corporation. ICC Chemical Corp.......... 1,173,723 ICI Americas, Inc.......... 855,466 Occidental Chemical Corp... 497,478 Sumitomo Corporation of 9 America. Actex, Inc................. 50,171 Atochem North America...... 74,355 Dow Chemical Company, USA.. 125,200,200 E.I. DuPont de Nemours & Co 2 IBM........................ 2,026 ICI Americas, Inc.......... 14,179,850 Laidlaw.................... 420,207 PPG Industries............. 45,254,115 Sumitomo................... 1,954 TG (USA) Corporation....... 7,073 Unitor Ships Service, Inc.. 14,746 Vulcan Chemicals........... 70,765,072 Corporation. Ethyl Corporation.......... 6,379,906 AmeriBrom, Inc............. 3,524,393 TriCal, Inc................ 109,225 Corporation. Class I Class I substances Class I Class I Class I Class I substances and III in group II in group IV in group V in group VI VII (percent) (percent) (percent) (percent) (percent) (percent) Ozone depletion (ODP) A. Group I: All isomers of the above chemicals. B. Group II: All isomers of the above chemicals. C. Group III: All isomers of the above chemicals. D. Group IV: E. Group V: All isomers of the above chemical except 1,1,2- trichloroethane. F. Group VI: G. Group VII: Controlled substance ODP All isomers of the above chemicals. Protocol [Annex 1--Parties to the Montreal Protocol] Montreal London Copenhagen Foreign State Protocol Amendments Amendments \2\8701.(10, 20, Tractors. 30, 90). engine (diesel or semi-diesel). 8702.90........... Other. designed for the transport of persons (other than those of heading 8702), including station wagons and racing cars. golf carts and similar vehicles; includes subheading 10.10 and 10.50. piston engine (diesel or semi-diesel). piston engine. principally designed for the transport of persons or goods (for example, wreckers, mobile cranes, fire fighting vehicles, concrete mixers, road sweepers, spraying vehicles, mobile workshops, mobile radiological units). 8705.10........... Crane lorries. 8705.20........... Mobile drilling derricks. 8705.30........... Fire fighting vehicles. 8705.90........... Other. substances. fan and elements for changing the temperature and humidity, including those machines in which the humidity cannot be separately regulated. for persons, in motor vehicles. unit and a valve for reversal of the cooling/heat cycle. Self-contained machines and remote condenser type air conditioners (not for year-round use). Year-round units (for heating and cooling). Air conditioning evaporator coils. Dehumidifiers. Other air conditioning machines incorporating a refrigerating unit. 8415.83........... Automotive air conditioners. freezing equipment, electric or other; heat pumps, other than air conditioning machines of heading 8415; parts thereof. external doors. 8418.22.00........ Absorption type, electrical. 8418.29.00........ Other. 8418.30.00........ Freezers of the chest type. 8418.40........... Freezers of the upright type. display counters, showcases and similar refrigerating or freezing furniture. pumps. 8418.69........... Other. Icemaking machines. Drinking water coolers, self-contained. Soda fountain and beer dispensing equipment. Centrifugal liquid chilling refrigerating units. Absorption liquid chilling units. Reciprocating liquid chilling units. Other refrigerating or freezing equipment (household or other). classified as ``machines and mechanical appliances having individual functions, not specified or included elsewhere''). lacquers) based on synthetic polymers of chemically modified natural polymers, dispersed or dissolved in a non-aqueous medium; 3208.10........... Based on polyesters. 3208.90........... Other. lacquers) based on synthetic polymers or chemically modified natural polymers, dispersed or dissolved in an aqueous medium. 3209.90........... Other. lacquers and distempers) and prepared water pigments of a kind used for finishing leather. packings for retail sale. 3303.00........... Perfumes and toilet waters. 3305.10........... Shampoos. 3305.30........... Hair lacquers. 3305.90........... Other hair preparations. 3306.10........... Dentrifices. or deodorizing rooms, including odoriferous preparations used during religious rites, whether or not perfumed or having disinfectant properties). other perfumery, cosmetic or toilet preparations, not elsewhere specified or included). preparations, bolt or nut release preparations, anti-rust or anti-corrosion preparations and mould release preparations, based on lubricants), and preparations of a kind used for the oil or grease treatment of textile materials, leather, fur skins or other materials, but excluding preparations containing, as basic constituents, 70 percent or more by weight of petroleum oils or of oils obtained from bituminous minerals. surface-active preparations, washing preparations and cleaning operations, whether or not containing soap, other than those of 3401. obtained from bituminous minerals. containing silicone greases or oils, as the case may be. containing by weight 70 percent or more of petroleum oils or of oils obtained from bituminous minerals, these oils being the basic constituents of the preparations. obtained from bituminous minerals used for preparations from the treatment of textile materials, leather, fur skins or other materials. obtained from bituminous minerals. floors, coachwork, glass or metal, scouring pastes and powders and similar preparations excluding waxes of heading 3404. woodwork. 36................ Explosives. anti-sprouting products and plant-growth regulators, disinfectants and similar products, put up in forms or packings for retail sale or as preparations or articles (for example, sulphur- treated bands, wicks and candles, and fly papers). 3808.10........... Insecticides. 3808.20........... Fungicides. regulators. 3808.40........... Disinfectants. 3808.90........... Other insecticides, fungicides. dyeing or fixing of dye-stuffs and other products and preparations (for example, dressings and mordants) of a kind used in the textile, paper, leather or like industries, not elsewhere specified or included, with a basis of amylaceous substances. elsewhere specified or included) and the prepared paint or varnish removers. 3910.............. Silicones in primary forms. pistols, truncheons), excluding those of heading No. 93.07. Thus, aerosol spray cans containing tear gas may be classified under this subheading. whether or not containing added sugar or other sweetening matter, not elsewhere specified or included. vegetable fats or oils or of fractions of different fats or oils of this chapter, other than edible fats or oils or their fractions of heading No. 15.16. included. for projecting, dispersing, or spraying liquids or powders; fire extinguishers whether or not charged, spray guns and similar appliances; steam or sand blasting machines and similar jet projecting machines. plastics, non-cellular and not reinforced, laminated, supported or similarly combine with other materials. plastics. specified or included. or included. primary forms). epoxide and phenols. Controlled substance ODP\1\ AT L\2\ CLP\3\ BLP\4\ A. Class I: 1. Group I: CFCl<INF>3-Trichlorofluoromethane (CFC-11............... 1.0 60.0 1.0 0.00 CF<INF>2Cl<INF>2-Dichlorodifluoromethane (CFC-12)............ 1.0 120.0 1.5 0.00 C<INF>2F<INF>3Cl<INF>3-Trichlorotrifluoroethane (CFC-113)......... 0.8 90.0 1.11 0.00 C<INF>2F<INF>4Cl<INF>2-Dichlorotetrafluoroethane (CFC-114)........ 1.0 200.00 1.8 0.00 C<INF>2F<INF>5Cl-Monochloropentafluorethane (CFC-115)........ 0.6 400.0 2.0 0.00 All isomers of the above chemicals. [Reserved] 2. Group II: All isomers of the above chemicals. [Reserved] 3. Group III: All isomers of the above chemicals. [Reserved] 4. Group IV: CCl<INF>4-Carbon Tetrachloride.......................... 1.1 50.0 1.0 0.00 5. Group V: C<INF>2H<INF>3Cl<INF>31,1,1 Trichloroethane (Methyl chloroform)... 0.1 6.3 0.11 0.00 All isomers of the above chemical except 1,1,2- trichloroethane. [Reserved] 6. Group VI: 7. Group VII: B. Class II: CHF<INF>2Cl-Chlorodifluoromethane (HCFC-22)............. 0.05 15.3 0.14 0.00 C<INF>2HF<INF>3Cl<INF>2-(HCFC-123)................................ 0.02 1.6 0.016 0.00 C<INF>2HF<INF>4Cl-(HCFC-124)................................. 0.02 6.6 0.04 0.00 C<INF>2H<INF>3FCl<INF>2-(HCFC-141b)............................... 0.12 7.8 0.10 0.00 C<INF>2H<INF>3F<INF>2Cl-(HCFC-142b)............................... 0.06 19.1 0.14 0.00 All isomers of the above chemicals. [Reserved] \1\Ozone Depletion Potential. \2\Atmospheric Lifetime. \3\Chlorine Loading Potential. \4\Bromine Loading Potential. Carbon Methyl Other (percent) (percent) (percent)

Notices For
2009
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2004
2003
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1996
1995
1994

Protection of Stratospheric Ozone

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