WASHINGTON, D.C. - The Alliance for Responsible Atmospheric Policy today cautioned industry and the public to be certain that their chlorofluorocarbon (CFC) and hydrochlorofluorocarbon (HCFC) refrigerant purchases are legal, and to refuse to buy illegally imported refrigerants. The warning came as reports are beginning to surface that illegal HCFC imports may be on the rise, while the illegal CFC imports are waning.

"The US government has done an excellent job of finding 119 defendants guilty of illegally importing CFCs, and they are ready to prosecute and fine anyone devising schemes to illegally import HCFCs," stated Dave Stirpe, Executive Director of the Alliance.

Ozone-depleting CFC refrigerant is becoming more scarce due to its 1996 production phaseout under U.S. law and international treaty. Legally stockpiled, recycled, or reclaimed CFC refrigerants may be used to service existing equipment, including mobile air conditioners in approximately 30 million 1994 or older model vehicles.

HCFCs are used in new residential and commercial air conditioning and refrigeration and to service existing equipment. A production phaseout will occur over a period from 2003 - 2030 in developed countries, and by 2040 in developing countries. HCFCs are up to 98% less ozone-depleting than CFCs, but production and import of virgin and used compounds are strictly controlled by U.S. Environmental Protection Agency (EPA) regulation.

"Purchasers of the illegal refrigerant are at risk. The government may confiscate any illegally imported refrigerant, even if it has been passed down through the marketplace, and prosecute purchasers who knowingly buy illegal material," Stirpe said.

Purchasers of new HCFCs should verify that their importer is authorized to import HCFCs. Such importers would have been listed as having a baseline consumption allowance in the EPA HCFC Allocation Rule (January 21, 2003; 68 FR 2819), or involved in a subsequent legal trade of consumption allowances. The recipient of a trade can show a letter from EPA acknowledging the approval of the trade. Purchasers who question the legitimacy of an HCFC importer should request a copy of the EPA approval letter from the seller. Persons involved in the illegal trade of HCFCs are subject to fine and HCFC confiscation.

Importers of used HCFCs must obtain prior written approval from EPA and the government representing the country of origin. The provisions for the "petition" approval are also listed in the EPA Rule.

In order to report any violations regarding illegal imports, please call EPA: 800-296-1996; or Customs: 800-BE-ALERT.

The Alliance is an industry coalition that was organized in 1980 to address the issue of stratospheric ozone depletion. It is presently composed of manufacturers and businesses that rely on CFCs, HCFCs, and HFCs. Today, the Alliance is a leading industry voice that coordinates industry participation in the development of reasonable international and U.S. government policies regarding ozone protection and climate change.