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Final Rulemaking - Protection of Stratospheric Ozone: Extension of
Laboratory and Analytical Use Exemption for Essential Class I Ozone
Depleting Substances (SAN 5463, Tier 3)
- On December 9, 2011, EPA extended the period of applicability of the
existing essential use exemption for production of Class I ozone-depleting
substances for laboratory and analytical uses until December 31, 2014.
- EPA sought comment on adding to the list of procedures that are
excluded from the exemption uses that are noted in Decision XXI/6 (from
the 21st Meeting of the Parties [MOP] to the Montreal Protocol). EPA is
not adding these procedures at this time.
- If EPA does not take action to extend the exemption, it will end on
December 31, 2011.
- The Montreal Protocol identified target dates for the cessation of
production of new ODSs. The Parties to the Protocol subsequently took
decisions to allow exemptions to the phaseout targets for certain
essential uses. One of the exemptions, agreed in Decision VI/9, allows
production and import of new ODSs for essential laboratory and
analytical uses. The laboratory and analytical use exemption includes
such activities as equipment calibration and use as solvents (as
identified in Annex II of the report of the Sixth Meeting of the
Parties). In November 2009, at the 21st MOP, the Parties extended the
exemption until December 31, 2014.
- The laboratory exemption allows the continued production and import
of small amounts of Class I ODS for chemicals used in essential
laboratory and analytical methods (defined by
40 CFR Subpart A, Appendix G). "Laboratory uses" include: uses for
equipment calibration; extraction solvents, diluents or carriers for
chemical analysis; biochemical research; use as a carrier or laboratory
chemical; and use for other critical analytical and laboratory purposes.
- Title VI of the Clean Air Act, which contains requirements for the
U.S. domestic ODS phaseout program, identified several exemptions to
allow continued production and import of new ODSs, but did not
explicitly provide for a laboratory and analytical use exemption as
described by the Parties. EPA determined through informal rulemaking in
March 2001 that new production and import of Class I ODSs was allowable
under the Clean Air Act as a de minimis exemption (66 FR 14760). The
Chemicals Technical Options Committee reported in 2006 to the Parties
that there has been a general decrease in ODSs produced under the
laboratory and analytical exemption.
FOR FURTHER INFORMATION
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