Allowable ODS Exemptions
Under the terms of the Montreal Protocol; as of January 1, 1996, developed countries, including the United States and Canada, were required to eliminate the production and importation of CFCs and other ODS for nearly all uses. However, in recognition that alternatives might not be available by that date for certain important products, the Parties established a process for exempting certain "essential uses" from the Protocol's production and import bans.
Similarly, as of January 1, 2005, developed countries, including the United States and Canada, were required to eliminate the production and importation of methyl bromide for nearly all uses. However, in recognition that alternatives might not be available by that date for all uses, the Parties created a process for exemptions from the Protocol's production and import bans. In addition, the Protocol allows production and import of methyl bromide for quarantine and preshipment uses.
The United States has implemented the following exemptions from the bans on import and production of Class I ODS.
| ODS | Exempted Use | Process |
|---|---|---|
CFC-11, CFC-12, CFC-114 |
Propellants in metered dose inhalers (MDIs) used in the treatment of asthma and chronic obstructive pulmonary disease (COPD) |
Companies have to apply for the exemption, and if approved, receive a specific quantity associated with this exemption for the calendar year. |
Companies or individuals do not have to apply for the exemption, and there is no quantity associated with this exemption. Currently in effect through December 31, 2011. |
||
Methyl Bromide |
Quarantine and Preshipment (QPS) uses |
Companies or individuals do not have to apply for the exemption, and there is no quantity associated with this exemption. |
Methyl Bromide |
Critical pre-plant and post-harvest uses |
Individuals or associations have to apply for the exemption, and if approved, receive a specific quantity associated with this exemption for the calendar year. |
The U.S. does not use allowances to control the production and import of ODS for:
- feedstock use
- process agents
- previously used ODS
- ODS for destruction
Allowances Specific to Methyl Bromide
The production and import of methyl bromide was prohibited starting January 1, 2005, except for allowable exemptions. The Quarantine and Preshipment (QPS) exemptions are covered later in the course.
Critical Use Allowances (CUA) for Pre-Plant and Post-Harvest Uses: The privilege to produce or import one (1) kilogram of methyl bromide solely for an approved critical use in pre-plant and post-harvest categories.
Critical Stock Allowance (CSA): The right granted to sell one (1) kilogram of methyl bromide from inventory produced or imported prior to the January 1, 2005 phase-out date for an approved critical use during the specified control period.
