EPA Enforcement Actions EPA is serious about enforcing ODS regulations. Read about enforcement actions, ranging from civil fines to criminal prosecutions.

The ODS are split into two groups under the Clean Air Act: Class I ODS, such as chlorofluorocarbons (CFCs), and Class II ODS, such as hydrochlorofluorocarbons (HCFCs). They have gradually been replaced with hydrofluorocarbons (HFCs) which are not ODS but still significantly contribute to global warming.

CFC and HCFC Phaseout

In the United States, ozone-depleting substances (ODS) are regulated as class I or class II controlled substances. Class I substances, such as chlorofluorocarbons (CFCs) and halons, have a higher ozone depletion potential and have been phased out in the U.S.; with a few exceptions, this means no one can produce or import class I substances. Class II substances are all hydrochlorofluorocarbons (HCFCs), which were transitional substitutes for many class I substances. New production and import of most HCFCs were phased out as of 2020. While most HCFCs have been phased out, there are some uses that continue, such as for servicing refrigeration and air-conditioning equipment and in fire suppression. Learn more about common HCFCs and their uses. The phaseout restricts the use of these HCFCs, and EPA continues to evaluate HCFC alternatives through its Significant New Alternatives Policy (SNAP) program.

HFC Phaseout

Hydrofluorocarbons (HFCs) are a class of potent greenhouse gases commonly used in refrigeration and air conditioning, aerosols, and foam products. Their climate impact can be hundreds to thousands of times greater than carbon dioxide. Common examples of CFCs include R-11, R-12, R-13, R-113, R-114, and R-115. 

On December 27, 2020, the American Innovation and Manufacturing (AIM) Act of 2020 was enacted. The AIM Act authorizes EPA to address hydrofluorocarbons (HFCs) by providing new authorities in three main areas: 

• Phase down the production and consumption of listed HFCs by 85% in a step-wise manner by 2036, 

• Manage HFCs and their substitutes by maximizing reclamation of HFCs and minimizing releases of HFCs from equipment.

• Facilitate the transition to next-generation technologies through sector-based restrictions.

AIM applies to importers of bulk HFCs. HFCs contained in a manufactured product or system such as an appliance or aerosol do not require expenditure of allowances to be imported. Importers of bulk HFC must apply for HFC allowances. An allowance represents the privilege granted to a company to produce or import HFCs in a specific individual year. One allowance is equal to one metric ton of carbon dioxide equivalent. 

Entities will need to expend allowances to produce or import bulk HFCs. Producing HFCs will require expending both production allowances and consumption allowances. Importing HFCs will require expending only consumption allowances. A third category of allowances called "application-specific allowances" can be used to either produce or import HFCs for use in the six applications listed in the AIM Act.

EPA has developed a calculator to help allowance holders understand how allowances translate to quantities of various HFCs they intend to produce or import.

The AIM Act directs EPA to issue allowances by October 1 for use in the following year and they are only valid between January 1 and December 31 of a specific year. Allowances may not be banked or carried over to another year. Allowance holders may transfer their allowances to other entities seeking to produce and/or import HFCs.

Importers of bulk HFCs are subject to the following reporting and recordkeeping requirements:

• Importer of Record Form: Previously voluntary, importers must now submit an importer of record form to EPA every year an entity anticipates being the importer of record.

• Required Quarterly Reporting: The importer of record or their authorized agent must submit relevant quarterly reports to EPA.

• Import Notification: The importer of record or their authorized agent must submit advance notification for imports of bulk HFCs.

• Annual Third-party Auditing: Arrange for annual third-party auditing of specified reports submitted to EPA.

• Recordkeeping: Maintenance of records for five years.

Importing Appliances and Components Containing HCFC Refrigerants

The Pre-Charged Appliances rule prohibits the sale or distribution, or offer for sale or distribute, appliances or components that 1) contain HCFC-22 or HCFC-142b (or blends containing) and 2) were manufactured after January 1, 2010. This means an importer is not allowed to import for sale or distribution into the United States, any pre-charged air-conditioning and refrigeration products and components containing HCFC-22, HCFC-142b, or blends containing one or both substances.

Under the Clean Air Act, the SNAP program evaluates substitute chemicals and technologies for ozone-depleting substances (ODS). To view EPA's most recent decisions with regard to acceptable substitutes in the refrigeration and air conditioning and fire suppression sectors, see: New SNAP Notice of Acceptability.

More Resources

Equipment Manufacturers, Importers, and Exporters: Frequent Questions. This information can help equipment manufacturers, importers, and exporters better understand their responsibilities in the phaseout of ozone-depleting substances.

Frequent Questions on the Phasedown of Hydrofluorocarbons. This page features responses to common questions on the phasedown of hydrofluorocarbons (HFCs) under the American Innovation and Manufacturing (AIM) Act.

Protecting Our Climate by Reducing Use of HFCs. Links to proposed rules, technology transitions, grants, and additional information.

Reducing HFCs – Notices and Rulemaking. Summaries and links to the Federal Register.

Enforcement: The EPA designated enforcement work associated with the AIM Act to be managed by the national Office of Enforcement and Compliance Assurance (OECA). To protect the program's integrity, ensure mandated reductions of HFCs, and maintain a level playing field for regulated companies, EPA pursues entities that seek to import or produce HFCs without the required allowances, that submit false or misleading information, or that fail to report required information under the AIM Act and its implementing regulations.

Overview of Requirements for Importers of Hydrofluorocarbons (HFCs) .Fact sheet covering rules for importing HFCs.

Recordkeeping and Reporting Requirements for Stationary Refrigeration. EPA regulations (40 CFR Part 82, Subpart F) under Section 608 of the Clean Air Act include recordkeeping and reporting requirements that are specific to different persons or companies involved with stationary refrigeration and air-conditioning equipment.