Importing Ozone-Depleting Substances

Importing Virgin Class I ODS

The United States has phased out the production and import of virgin Class I controlled substances, including blends that contain Class I substances. This means that no person may import a virgin Class I ODS into the United States unless it falls under one of the exemptions listed below.

• Essential laboratory and analytical uses
• Methyl bromide: critical uses
• Methyl bromide: quarantine and preshipment uses
• Transformation or destruction
• Heels or transhipmentstranshipmentsThe Transhipment, as defined in 40 CFR 82.3 (http://www.epa.gov/ozone/science/index.html), is the continuous shipment of a controlled substance (i.e. CFCs), from a foreign state of origin through the United States or its territories, to a second foreign state of final destination, as long as the shipment does not enter into United States jurisdiction. A transhipment, as it moves through the United States or its territories, may not be re-packaged, sorted, or otherwise changed in condition.

Importing Used Class I ODS

EPA allows the import of used Class I ODS to ease the transition to ODS alternatives. EPA has a petition process to help verify that the ODS were actually used. Petition requirements are available in 40 CFR 82.13(g)(2). EPA must receive the petition 40 working days before the shipment is to leave the foreign port of export.

The petition must be submitted electronically through CDX and must include the following information about the used Class I ODS:

1. From what type of equipment was it removed?
2. Who removed it?
3. When was it removed?
4. How much was removed?
5. What chemical was used to replace the ODS, or was new equipment installed, or was the equipment no longer needed?
6. If new equipment was installed, what type of equipment is it?
7. If it is used halon, was it from a halon bank?

For more information on submitting a petition electronically through CDX please refer to this helpful document. 

Importing Virgin Class II ODS

Consumption allowances are needed to import virgin Class II ODS. Only those persons that hold unexpended consumption allowances are permitted to import the following HCFCs:

• HCFC-123
• HCFC-124

HCFC-22, HCFC-142b, HCFC-141b, HCFC-225ca, and HCFC-225cb have all been phased out in the United States. One consumption allowance (i.e., "right to import") permits the import of one kilogram of substance. For example, to import 10 kilograms of HCFC-123, you must hold 10 unexpended HCFC-123 consumption allowances. Consumption allowances are required and expended to import ODS blends that contain HCFC-123, HCFC-124 (such as R-502).

HCFCs can only be imported for allowed uses.

Trading Consumption Allowances

Consumption allowances may be traded. If you do not hold consumption allowances, and you wish to import permitted HCFCs, you must acquire them from a person who does, following EPA regulations at 40 CFR 82.23. Transfers require advance notification to EPA. HCFC-123 and HCFC-124 allowances may not be transferred for HCFC-22 allowances or other phased out HCFCs.

EPA provides a listing of persons that hold consumption allowances for Class II substances to facilitate these transfers, but cannot provide advice or assistance in the brokering of transfers.

Fines for Illegal Importation

Each kilogram of virgin HCFC that is imported or attempted to be imported without an unexpended consumption allowance may be considered a separate violation of the Clean Air Act and subject to a fine of a maximum of $48,192 per kilogram. In addition, criminal penalties may also be applied. If you have questions about whether a company can import HCFCs, please contact us.

Exemptions

Certain imports of virgin HCFCs are exempt from the requirement to hold consumption allowances. These include imports for transformation and heels or transhipments.   

• Transformation or destruction
• Heels or transhipmentstranshipmentsThe Transhipment, as defined in 40 CFR 82.3 (http://www.epa.gov/ozone/science/index.html), is the continuous shipment of a controlled substance (i.e. CFCs), from a foreign state of origin through the United States or its territories, to a second foreign state of final destination, as long as the shipment does not enter into United States jurisdiction. A transhipment, as it moves through the United States or its territories, may not be re-packaged, sorted, or otherwise changed in condition.

Importing Used Class II ODS

Why EPA Allows the Import of Used Class II ODS

EPA allows the import of used Class II ODS to ease the transition to ODS alternatives. With the continued use of used ODS, the need for new production to meet ongoing need for ODS during the transition period is avoided. To ensure that imported ODS were used and not newly manufactured, EPA has a petition process to help verify that the ODS were actually used.

Petition Requirements for Importing Used Class II ODS

Petition requirements and Agency procedures for reviewing and approving petitions to import used Class II ODS are available in 40 CFR 82.24(c)(3) and (4). Petitions must be received by EPA 40 working days before the shipment is to leave the foreign port of export.

The petition must be submitted electronically through CDX and must include this information about the used Class II ODS:

1. From what type of equipment was it removed?
2. Who removed it?
3. When was it removed?
4. How much was removed?
5. What chemical was used to replace the ODS, or was new equipment installed, or was the equipment no longer needed?
6. If new equipment was installed, what type of equipment is it?
7. If it is used halon, was it from a halon bank?

For more information on submitting a petition electronically through CDX please refer to this helpful document. 

Imports for Destruction

Requirements and procedures for the Agency’s import of both used and virgin Class I and II ODS for destruction are available in 40 CFR 82.13(g)(5) – (10) and 40 CFR 84.24(c)(6) – (11). A Certification of Intent to Import ODS for Destruction must be received by EPA 30 working days before the shipment is to leave the foreign port of export.

The Certification of Intent to Import for ODS Destruction must be submitted electronically through CDX and must include this information about the Class I and II ODS:

1. How much is being imported for destruction?
2. Who is the importer and who are the intermediaries assisting in aggregating the ODS for destruction?
3. Which U.S. Port of entry and when is the exempted date of arrival?
4. Which country is it being export from?
5. Who is destroying the ODS and where is the facility located?

For more information on submitting a petition electronically through CDX please refer to this helpful document.