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Extension of the Laboratory and Analytical Use Exemption for Essential Class I Ozone-Depleting Substances
- On December 23, 2005, EPA issued a final rule to
extend the exemption that allows continued production
and import of essential controlled Class I
ozone-depleting substances (ODS) for laboratory and
analytical uses until December 31, 2007.
- This exemption is necessary because some federal
and state laws, including regulations issued under
the Clean Air Act, require laboratory testing of
water, air, or soil to ensure compliance with
environmental standards. A pure sample of an ODS may
be necessary to properly calibrate the testing
equipment and effectively monitor the presence of
chemicals in the environment.
Extension of the
Laboratory and Analytical Use Exemption for Essential
Class I Ozone-Depleting Substances
- Decision X/19, made by the Parties to the
Montreal Protocol in 1998, allowed a general
exemption for essential laboratory and analytical
uses through December 31, 2005. This decision also
asked the Protocols Technology and Economic
Assessment Panel (TEAP), a group of technical experts
from member countries, to report annually on
procedures that could be performed without the use of
- Later, based on the TEAPs recommendation,
the Parties took Decision XI/15 in 1999, which
eliminated the exemptions application to the
following uses: testing of oil and grease, testing
petroleum hydrocarbons in water, testing of tar in
road-paving materials, and forensic finger-printing.
EPA incorporated this exclusion in a rulemaking
issued on February 11, 2002 (67 FR 6352).
- In a subsequent progress report issued in May
2003, the TEAP noted that no new testing methods were
forthcoming. At their Fifteenth Meeting in November
2003, the Parties to the Montreal Protocol adopted
Decision XV/8, which extended the global exemption
for laboratory and analytical uses to December 31,
- On May 13, 2005, EPA issued a proposed rule
seeking comment on the extension of the exemption (70
FR 25725) but received minimal comments. Therefore,
EPA is finalizing the extension of the exemption for
analytical and laboratory uses until December 31,
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