Employing Harmful, Ozone-Threatening Compounds in Manufacturing Processes
The U.S. Environmental Protection Agency (EPA) has established a new rule to enhance transparency and accountability in the use of ozone-depleting substances (ODS) as process agents. This rulemaking, which took effect in 2021, is designed to facilitate the United States' compliance with its obligations under the Montreal Protocol.
Under the new rule, entities using ODS process agents are required to maintain records and submit reports as specified. The rule provides details on the type of information to be reported, such as the quantity and type of ODS process agent used, the purpose of its use, and the location of its use.
Examples of ODS process agents include carbon tetrachloride in chlor-alkali production, CFC-11 in synthetic fiber sheet production, bromochloromethane in the bromination of a styrenic polymer, and CFC-113 in the production of high modulus polyethylene fiber.
Class I controlled substances, which have an ozone depletion potential (ODP) of 0.2 or higher, were phased out ahead of class II controlled substances, which have ODPs less than 0.2 and are all hydrochlorofluorocarbons (HCFCs). The production and consumption of two HCFCs (HCFC-123 and HCFC-124) are allowed until 2030, while all others have been phased out in the United States.
An ODS process agent is a controlled substance used in a chemical reaction without being consumed, but is removed or recycled back into the process. In contrast, a feedstock is consumed during the reaction. It is important to note that this rule applies to the use of ODS process agents, not feedstocks.
The rule is also significant as it sets forth penalties for non-compliance with the recordkeeping and reporting requirements. The Agency annually requests, collects, and reviews information on the use of ODS as process agents and reports a summary to the Montreal Protocol's Ozone Secretariat on behalf of the United States.
Certain small businesses and research and development activities are exempt from the rule's requirements. The rule is expected to enhance transparency and accountability in the use of ODS process agents, contributing to the protection of the Earth's ozone layer.
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