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Importing Virgin Class II Substances

Consumption Allowances Are Needed to Import Virgin HCFC-22/R-22

Effective January 21, 2003, EPA restricted the import of bulk quantities of HCFC-22 (also known as R-22), HCFC-142b, and HCFC-141b.

One consumption allowance (i.e. "right to import") permits an importer to import one kilogram of the substance for which they hold that allowance. In other words, to import 10 kilograms of HCFC-22, you must hold 10 unexpended HCFC-22 consumption allowances.

Consumption allowances are required, and expended, to import new ODS blends that contain HCFC-22 or HCFC-142b (such as R-502).

Consumption allowances may be traded. If you do not hold consumption allowances, and you wish to import, you must acquire them from a person who does, following EPA regulations at 40 CFR 82.23. Transfers require advance notification to EPA (PDF) (3 pp., 46kb, About PDF).

EPA provides a listing of persons that hold consumption allowances for Class II substances as of January 2009 to facilitate these transfers. However, EPA does not provide advice or assistance in the brokering of transfers.

Each kilogram of virgin HCFC-22, HCFC-141b, or HCFC-142b that is imported or attempted to be imported without an unexpended consumption allowance or an unexpended HCFC-141 exemption allowance may be considered a separate violation of the Clean Air Act and subject to a fine of a maximum of $32,500 per kilogram. In addition, criminal penalties may also be applied. If you have questions about whether a company can import HCFCs, please contact Jennifer Bohman at 202-343-9548.

Certain imports of virgin HCFC-22, HCFC-141b, or HCFC-142b are exempt from the requirement to hold consumption allowances including:

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