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)
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