HCFC-141b Questions and Answers

What is HCFC-141b?
Why is EPA phasing out HCFC-141b?
Can I use HCFC-141b after January 1, 2003?
What are the EPA approved alternatives for HCFC-141b?
What is EPA’s Significant New Alternatives Program (SNAP)?
When will the Allowance System for Controlling HCFC Production, Import and Export rule be published?
What is the spray foam industry asking for?
How is EPA responding to the petition from the spray foam industry asking for relief from the January 1, 2003 phaseout of HCFC-141b?
What else is EPA doing to address the requests of the spray foam industry?
What would be required in a petition for HCFC-141b exemption allowances?
How would EPA review the petitions?
How will companies get HCFC-141b for their upcoming business cycle?
Can I import finished products and blended systems containing HCFC-141b into the US from Mexico after 2003?

What is HCFC-141b?: HCFC-141b is a hydrochlorofluorocarbon (HCFC). The chemical name of HCFC-141b is dichlorofluoroethane. In addition to its use as a solvent, HCFC-141b has been used as a foam blowing agent in the manufacture of diverse products ranging from refrigerators to home and building insulation. Under the U.S. Clean Air Act (Title VI, Section 602), HCFC-141b is listed as a class II ozone-depleting substance (ODS). Under the Montreal Protocol, the group of HCFCs are listed as Annex C, Group I controlled substances.
Top of page
Why is EPA phasing out HCFC-141b?: Under the Montreal Protocol, industrialized countries, including the United States, agreed to the eventual phaseout of HCFC production by 2030, beginning with a 35% reduction in 2004, followed by a reduction of 65% by 2010. In 1993, as authorized by Section 606 of the Clean Air Act, the U.S. EPA established a chemical-specific phaseout schedule to meet these obligations that would eliminate production of HCFCs in order of their ozone depleting potential. HCFC-141b has the highest ozone depleting potential of any HCFC and was targeted in 1993 for phaseout beginning January, 2003.
Top of page
Can I use HCFC-141b after January 1, 2003?: Yes. EPA is deferring a decision on whether to list HCFC-141b as an unacceptable substitute for CFCs in foam blowing end uses. By deferring, EPA is allowing continued use of stockpiled HCFC-141b (produced prior to January 1, 2003). In addition, the deferral would allow the use of any amounts produced under an exemption to the phaseout, as discussed below.

This decision does not in any way affect the January 1, 2003 phaseout deadline for the production and import of HCFC-141b.
Top of page
What are the EPA approved alternatives for HCFC-141b?: You can see a complete listing at http://www.epa.gov/ozone/snap/lists/index.html
What is EPA's Significant New Alternatives Program (SNAP)?: SNAP implements section 612 of the Clean Air Act which requires EPA to evaluate substitutes for ODSs to reduce overall risk to human health and the environment. The intended effect of the SNAP program is to expedite movement away from ozone-depleting compounds while avoiding a shift into substitutes posing other environmental problems. On March 18, 1994, EPA promulgated the initial SNAP rule establishing the program for evaluating and regulating substitutes for ozone depleting chemicals (59 FR 13044), and has since issued decisions on the acceptability and unacceptability of a number of substitutes.
Top of page
When will the Allowance System for Controlling HCFC Production, Import and Export rule be published?: To implement the HCFC phaseout and insure that the U.S. complies with its commitments under the Montreal Protocol, EPA proposed an allowance system to regulate production, import and export of HCFCs on July 20, 2001. A final allocation rule that incorporates additional technical information and addresses public comments submitted on the proposal is now moving through EPA's internal review process. When that internal review is complete, the rule will enter an intra-Agency review overseen by the Office of Management and Budget (OMB). OMB review can take up to 90 days after which time a final rule will be published. EPA's Stratospheric Protection Division is working to expedite these reviews so that the final rule is published as quickly as possible.
Top of page
What is the spray foam industry asking for?: Various companies within the spray foam industry have petitioned the EPA in response to two different actions, the HCFC Allowance System Notice of Proposed Rulemaking on July 20, 2001 (66 FR 38064) and the Agency's Significant New Alternatives Policy (SNAP) program (65 FR 42653), for relief from the HCFC-141b phaseout. These companies have told EPA that specific spray foam applications used for roof and wall insulation are experiencing technical constraints that impede their transition away from HCFC-141b and have requested that the Agency extend the January 1, 2003 phaseout deadline for HCFC-141b so that they may have continued access to supplies of HCFC-141b until alternatives are fully developed and available.
Top of page
How is EPA responding to the petition from the spray foam industry asking for relief from the January 1, 2003 phaseout of HCFC-141b?: EPA agrees there may be legitimate needs for limited HCFC-141b production and import beyond January 1, 2003. The Agency is considering incorporating into the final Allowance Allocation Rule for Controlling HCFC Production, Import and Export, a limited exemption process for HCFC-141b users who can demonstrate that they have insufficient access to stockpiles of HCFC-141b and cannot transition to fully developed alternatives by the January 1, 2003 phaseout deadline.
Top of page
What else is EPA doing to address the requests of the spray foam industry?: EPA is funding a 3-year grant with the Spray Polyurethane Foam Association to test alternative blowing agents on roofs and in buildings in different U.S. locations which will assist the industry to overcome many of the technical constraints that they have identified. Specifically, the grant is being used to: 1) assess the development of alternatives to HCFC-141b and technical challenges associated with the transition; 2) conduct field evaluations of next generation formulations; and 3) develop guidance to assist the industry in transitioning away from HCFC-141b.
Top of page
What would be required in a petition for HCFC-141b exemption allowances?: EPA is considering a requirement that petitioners provide clear justification for needing access to HCFC-141b production or import beyond January 1, 2003, as well as proof that they are investigating alternatives to transition from HCFC-141b. Documentation from individual HCFC formulators (e.g., systems houses) would be required to support individual petitions, specifying their HCFC-141b needs, and detailing why alternatives are not technically viable and why stockpiled HCFC-141b is not available to meet transitional needs.
Top of page
How would EPA review the petitions?: EPA would consider the technical merits of each petition as well as industry-wide data on the availability of HCFC-141b and viability of alternatives.
How will companies get HCFC-141b for their upcoming business cycle?: The phaseout of HCFC-141b is January 1, 2003. Until that date there are no EPA restrictions on production, import and export of HCFC-141b. In considering an exemption process for the post-phaseout period, the Agency is planning to expedite review of petitions so that decisions will be made for individual companies as quickly as possible.
Top of page
Can I import finished products and blended systems containing HCFC-141b into the US from Mexico after 2003?: The Montreal Protocol does not prohibit import of "products" containing HCFCs from Mexico into the U.S. Blended systems qualify as "products" under the Montreal Protocol. The U.S. phaseout regulations at 40 CFR Part 82 provide similar treatment. Therefore, currently it would be legal to import finished products and blended systems containing HCFC-141b into the U.S. from Mexico after 2003. However, if imports of products and systems containing HCFC-141b become a significant issue that either impedes the overall transition from HCFC-141b or disadvantages businesses that have made good faith investments and efforts to develop and use alternatives, EPA will exercise its authorities under SNAP to enact an end use ban on HCFC-141b, require labeling of products containing or made with an HCFC, or expand the definition of "controlled product" or "bulk substance" under the U.S. phaseout regulations at 40 CFR Part 82 to specifically address polyurethane pre-polymers.
Top of page

HCFC-141b Questions and Answers

Local Navigation