Ozone-Depleting Substances and Filing in ACE – Katherine Sleasman, U.S. EPA

Ozone-depleting substances (ODS) deplete the stratospheric ozone layer when the chlorine and bromine atoms that they contain come into contact with ozone molecules. One chlorine atom can destroy over 100,000 ozone molecules before it is removed from the stratosphere. ODS that release chlorine include chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), carbon tetrachloride, and methyl chloroform. ODS that release bromine include halons and methyl bromide.

In 1987, the United States joined other countries to sign the Montreal Protocol on Substances that Deplete the Ozone Layer (Montreal Protocol). This international treaty protects and restores the ozone layer by phasing out the production and consumption of certain ODS. Full implementation of the Montreal Protocol is expected to result in the avoidance of more than 280 million cases of skin cancer, approximately 1.6 million skin cancer deaths, and more than 45 million cases of cataracts, in the United States, resulting in hundreds of billions of dollars in societal health benefits in the United States over the period 1900 to 2165.

Domestically, the United States regulates ODS under Title VI of the Clean Air Act. Imports and exports of ODS must be reported to the EPA on a quarterly or annual basis, per 40 CFR Part 82, Subpart A consistent with our domestic regulations.

ODS have been used for refrigeration, air conditioning, foam insulation, solvents, fire suppression, and in other applications. Currently, the world is in the process of phasing out HCFCs; therefore, only limited imports of these controlled substances are allowed. CFCs, methyl bromide, halon, methyl chloroform, and others have already been phased out of production with very limited exceptions. Common imports of ODS include use in the production of other chemicals, destruction, limited pesticide applications, and laboratory purposes.

The full list of regulations concerning production, consumption, and use restrictions is available at 40 CFR Part 82.

Below are the HTS codes commonly associated with ODS:

1) File electronically by typing into screens in your software and transmitting (what is referred to as the PGA Message Set). No mailing is required.

2) File if you are using one of the listed tariffs codes flagged for EP1.

3) If you filed correctly using one of the listed tariff codes, you will receive a ‘may proceed.’ If you received an “under review” you may have chosen the wrong program code.

For questions on how to file, please refer to your software provider’s training and guidance. In addition, please keep in mind these important items:

To determine if you need to file ODS, please contact Katherine Sleasman (202) 564-7716 or by email at sleasman.katherine@epa.gov.

For more information on ODS Phaseout please visit: https://www.epa.gov/ods-phaseout