Enhesa Flash November 2014 Issue | Page 36

IS IT DUE TO A CHANGE OF GUARD? OR DID THEY LOSE TRACK DUE TO THE NUMEROUS REORGANIZATIONS AND MERGERS OVER TIME? Lately we have received several calls from companies who were surprised by restrictions on ozone depleting substances. Long transition periods should allow companies to prepare and meet the requirements in time, but in some cases the obligations seem to have fallen off corporate dashboards. PRODUCTS STUCK IN CUSTOMS? EQUIPMENT TURNING ILLEGAL? The war on Ozone Depleting Substances (ODS) is not over yet Enhesa Flash October/November 2014 | www.enhesa.com The phasing out of substances that deplete the ozone layer is probably one of the most successful examples of environmental regulations. According to a report from the United Nations Environment Programme (UNEP) issued on 10 September 2014, the ozone layer is on track to recovery towards the middle of the century. Learning it the hard way A recent example of the supply chain challenge is eAir, LLC which was sentenced on 20 June 2014 for Illegal Sale and Distribution of Refrigeration Equipment Containing Ozone Depleting Substance hydrochlorofluorocarbon-22 (HCFC-22). eAir was sentenced to five years of probation and ordered to pay a USD 200,000 criminal fine. In addition, eAir was ordered to pay community service in the amount of USD 75,000, and to reimburse the U.S. Customs and Border Protection (CBP) for costs incurred in storing illegal merchandise. The 2010-2014 statistics from the European and Central Asian Customs and Enforcement Agencies clearly show a sharp increase in the number of pieces of equipment seized at the border. During the period of September 2012 and April 2014, there were 133 successful seizures of 7370 pieces of equipment (appliances and compressors) and 9513 refrigerant cylinders / containers containing more than 467 metric tons of ozone-depleting chemicals and mixtures. The largest seizure was done by the Indian Customs on 1 March 2013 and involved 182,901 kg of R22 as well as 354 empty disposable cylinders. As is often the case with environmental regulations, it started with a limited number of substances, but the list of regulated chemicals expanded over time and so did the restrictions. The main impact was on the use of solvents in the electronic industry, the use in cooling systems, and the use of foam blowing agents for packaging. The phase out schedule started in the nineties and will continue until at least 2030. Despite serious reductions in production and use, there is several ozone depleting substances in use and on the market as recovered products. This poses a supply chain and maintenance challenge. While your products may have been out of scope in the first decade, an increasing number have gotten caught up over time. (Source: UNEP DTIE OzonAction, 2014) 37