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Fact Sheet: Final Rulemaking – Adjusting Allowances for Class I Substances for Export to Article 5 Countries
Action
EPA is issuing a final rulemaking on the regulations that govern the production of Class I substances that deplete the ozone layer This action is taken under the authority of Title VI of the Clean Air Act (CAA or the Act) and in accordance with U.S. obligations under the Montreal Protocol on Substances that Deplete the Ozone Layer (Protocol). Specifically, today’s amendments to the stratospheric protection regulations reflect the Beijing Amendments to the Protocol, and are adjusting the allocations of Article 5 allowances that permit production of Class I ozone depleting substances solely for export to developing countries. Today’s action does the following:
- Finalizes adjustments to the baseline Article 5 allowances for companies for specific Class I controlled substances;
- Establishes a schedule for phaseout reductions in the Article 5 allowances for these Class I controlled substances in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol);
- Extends the allocation of Article 5 allowances for the manufacture of methyl bromide solely for export to developing countries beyond January 1, 2005, in accordance with the Montreal Protocol.
EPA did not receive any adverse comments on the NPRM and in today’s action is finalizing the proposed baselines and allowance allocations.
What Does the Final Rulemaking Involve?
- This rule reflects adjustments to allocations of Article 5 allowances that permit production of class I ozone depleting substances (ODS) solely for export to developing countries. Specifically, EPA is adjusting the baseline Article 5 allowances for companies for specific Class I controlled substances and establishing a schedule for phaseout reductions in the Article 5 allowances for these Class I controlled substances in accordance with the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol). This rule also extends the allocation of Article 5 allowances for the manufacture of methyl bromide solely for export to developing countries beyond January 1, 2005.
Background
- Under the Montreal Protocol, industrialized countries and developing countries have different schedules for phasing out the production and import of ODSs. To prevent the unnecessary construction of plants to manufacture ozone-depleting chemicals, the Protocol allows developed countries with manufacturing capacity to continue to produce ODSs to meet the basic domestic needs of developing countries. Today’s action modifies EPA regulations to conform to the baselines and reduction schedules in the recently-ratified Beijing Amendments to the Protocol, and to reflect the recent U.S. history of exports to developing countries.
For Further Information
- For further information about the final rule, contact Hodayah Finman (finman.hodayah@epa.gov) of EPA’s Office of Atmospheric Programs at (202) 343-9246.