U.S., Canada, Mexico Propose Adding HFCs to Montreal Protocol, EPA Proposes Substitutes
The U.S., Canada, and Mexico are proposing that the scope of the Montreal Protocol on Substances that Deplete the Ozone Layerbe expanded to cover the phase down and licensing (or ban in certain situations) of hydrofluorocarbons (HFCs)1. The three nations state that a phase down approach is needed (rather than a phase out), as there may not be substitute chemicals for all HFC applications.
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(Currently, the Montreal Protocol requires the phase out of chlorofluorocarbons (CFCs). In response to the phase out, manufacturers of equipment requiring refrigerants substituted HFCs. Because atmospheric concentration of HFCs continues to increase, and because HFCs have proved to be more damaging to the climate than CFCs, the countries are proposing to limit their use.)
In conjunction with their proposal, the Environmental Protection Agency has issued a proposed rule that would list four refrigerants as possible substitutes for certain HFCs, including those used in U.S. household and commercial refrigerators and freezers. EPA stated that the proposed amendment to the Montreal Protocol and its proposed rule on HFC substitutes are part of an overall U.S. effort to reduce the use of HFCs.
Proposed Montreal Amendment Would Phase Down Use, License Imports/Exports
The proposed North American amendment would phase down the use of 20 HFCs, in a stepped fashion, rather than eliminating their use. The proposed amendment would decrease the use of HFCs to 15% of established baselines2 -- by 2033 for developed countries, and by 2043 for developing countries.
Other highlights of the proposed amendment include (partial list):
- Required licensing of HFC imports and exports and a ban on HFC exports to countries that are not Parties to the Montreal Protocol;
- Provisions to strictly limit HFC-23 byproduct emissions that result from the production of HCFC-22 (beginning in 2014);
- Required reporting on production and consumption of HFCs and HFC-23 byproduct emissions.
The North American proposal will first be discussed at a non-decisional meeting of the Parties to the Protocol in June 2010. The proposed amendment will then be officially considered at the 22nd Meeting of the Parties to the Montreal Protocol in Uganda in November 2010.
EPA Issues Proposed Rule to Allow Four HFC Alternatives
The EPA’s proposed rule would list four chemicals as “acceptable, subject to use conditions,” as substitutes for the following HFCs:
- Chlorofluorocarbon (CFC)--12, also referred to as R--12;
- CCl2F2 and dichlorodifluoromethane and hydrochlorofluorocarbon (HCFC)--22, also referred to as R--22; and
- CHClF2, chlorodifluoromethane, and difluorochloromethane, in household refrigerators, freezers, and combination refrigerator and freezers and commercial refrigeration (retail food refrigerators and freezers—stand-alone units only).
The HFC alternative chemicals proposed by EPA are isobutene, propane, HCR-186C, and HCR-188C1. The proposed rule specifies the uses and conditions under which these four substances would be deemed “acceptable” substitutes. Comments on EPA’s proposed rule are due July 9, 2010.
EPA Proposed Rule Part of SNAP Program
EPA’s proposed HCF substitute rule is being promulgated under the Clean Air Act Significant New Alternatives Policy (SNAP) program, which requires EPA to evaluate alternatives to ozone-depleting substances (ODS).
SNAP also requires certain mfr, importer reporting. Also under the SNAP regulations, anyone who plans to market or produce a substitute for Class I or II ODS in one of the eight major industrial use sectors must provide the EPA with health and safety studies on the substitute at least 90 days before introducing it into interstate commerce for significant new use as an alternative. This requirement applies to the person planning to introduce the substitute into interstate commerce, typically chemical manufacturers, but it may also include importers, formulators, equipment manufacturers, or end-users, when they are responsible for introducing a substitute into commerce.
1HFCs are fluorinated compounds used as refrigerants, solvents, and in other industrial and consumer applications.
2756 MMTCO2eq for developed countries and 719 MMTCO2eq for developing countries
[See ITT Online Archives or 12/22/09 daily news, (Ref: 09122220), for BP summary of EPA final rules to adjust HCFC allowance program, ban certain pre-charged appliances.]
EPA SNAP contact -- Monica Shimamura (202) 343-2362
EPA press release on North American proposed amendment to the Montreal Protocol (dated 05/06/10) available at http://yosemite.epa.gov/opa/admpress.nsf/d0cf6618525a9efb85257359003fb69d/4e4cae87f0d732078525771b0068ee2d!OpenDocument.
EPA proposed rule on 4 HCF substitute substances (FR Pub 05/10/10) available at http://www.gpo.gov/fdsys/pkg/FR-2010-05-10/pdf/2010-10959.pdf.