Exemptions from the Class I Phaseout
Section 604 of the Clean Air Act sets the phaseout targets for Class I ozone-depleting substances. Section 604 also includes various exemptions from the phaseout authorized by the Montreal Protocol:
- Critical use exemption for methyl bromide for various agricultural uses. Each year EPA allocates allowances for new production, based on the amounts requested individually by users and approved by the Parties. There is also a “quarantine and pre-shipment” exemption to allow production of methyl bromide for use in fumigating shipping packages from other countries to kill non-native pests.
- Essential use exemption for metered-dose inhalers (MDIs) for treatment of asthma and chronic obstructive pulmonary disease (COPD) that use CFCs as propellant.
- Laboratory and analytical use exemption for testing and other procedures that require small quantities of ODS. EPA has established a general, “de minimis” lab use exemption that covers all ODS used for a variety of laboratory purposes.
- Article 5 exemption allowing production specifically for the purpose of export to developing countries that are Parties to the Protocol. ODS exported to developing countries do not count against the U.S. consumption limits.
- Other exemptions, especially for military and national security uses.