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FACT SHEET: Extension of Global Laboratory and Analytical Use Exemption for Essential Class I Ozone Depleting Substances
Notice of Final Rulemaking - Protection of Stratospheric Ozone: Extension of Global Laboratory and Analytical Use Exemption for Essential Class I Ozone Depleting Substances
ACTION
- On December 27, 2007, EPA extended the period of applicability of the existing essential use exemption for production of Class I ozone-depleting substances for laboratory and analytical uses beyond December 31, 2007.
- EPA extended the exemption period until December 31, 2011, consistent with the decisions made at the 19th Meeting of the Parties.
- EPA extended the laboratory and analytical use exemption to production and import of methyl bromide for specific laboratory uses.
- EPA removed testing of organic matter in coal from the global laboratory and analytical exemption list.
BACKGROUND
- The Montreal Protocol identified target dates for the cessation of production of new ODSs. The Parties to the Protocol subsequently took decisions to allow exemptions to the phaseout targets for certain essential uses. One of the exemptions, established in Decision VI/9, allows production and import of new ODSs for essential laboratory and analytical uses. The laboratory and analytical use exemption includes such activities as equipment calibration and use as solvents (as identified in Annex II of the report of the Sixth Meeting of the Parties). In November of 2003, the Parties extended the exemption until December 31, 2007. In November 2006, Decision XVIII/15 extended the laboratory and analytical use exemption to include methyl bromide for specific purposes. In September 2007, Decision XIX/18 extended the global laboratory and analytical-use exemption until December 31, 2011. In addition, Decision XIX/18 removes testing organic matter in coal from the global laboratory and analytical use exemption list.
- Title VI of the Clean Air Act, which contains requirements for the U.S. domestic ODS phaseout program, identified several exemptions to allow continued production and import of new ODSs, but did not explicitly provide for a laboratory and analytical use exemption as described by the Parties. EPA determined through informal rulemaking in March 2001 that new production and import of class I ODSs was allowable under the Clean Air Act as a de minimis exemption (66 FR 14760). The Chemicals Technical Options Committee reported in 2006 to the Parties that there has been a general decrease in ODSs produced under the laboratory and analytical exemption. Furthermore, there has been no indication that there is significant demand to use methyl bromide for laboratory and analytical uses.
FOR FURTHER INFORMATION
- Additional information on the phaseout of ozone-depleting substances can be found at: http://www.epa.gov/ozone/title6/phaseout/index.html
- For further information about this action, contact Staci Gatica of EPA’s Stratospheric Protection Division at (202) 343-9469 or at Gatica.Staci@epa.gov.
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